Terms of Use

Introduction

Welcome to CollectibleXchange.com. This site is provided by CollectibleXchange, (referred to throughout this site as "CollectibleXchange.com"), as a service to our customers. Please review the following basic rules that govern your use of the CollectibleXchange.com site. Please note that your use of the CollectibleXchange.com site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass Terms of Use, your use of this Site still binds you to these Terms of Use. CollectibleXchange.com reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review the Terms of Use whenever you use this Site.

Promotions and Promotional Rules and Conditions

CollectibleXchange regularly features special sales, savings, promotions and incentives. Promotions are, by default, limited to one of any/each item available, per person, or as specified in the specific terms expressly stated as a part of any promotional endeavor. The CollectibleXchange website may initially accept an order which violates these terms or conditions. In these cases, and at CollectibleXchange’s sole discretion, we reserve the right to limit, modify or cancel any order(s) or transaction(s) which purposely or accidentally violates the aforementioned terms of promotional participation. See the "Quantity Limits & Dealer Sales" section for more information on quantity limits. Wholesale accounts are not eligible to participate in any web promotions or special offers. Any order(s) suspected of being placed by a wholesaler, or for the express purpose of resale by an individual via any web promotion, will immediately be canceled, with or without notice, at the discretion of CollectibleXchange. Promotional Codes may not be combined or used, under any circumstances, and will be subject to cancellation at the sole discretion of CollectibleXchange. Promotional codes may not be retroactively placed on prior orders on the CollectibleXchange website.

Use of this Site

By accepting these Terms of Use through your use of the Site, you certify that you are at least 18 years of age or the age of majority where you live. If you are under the age of 18, but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you do not agree to (or cannot comply with) any of these Terms of Use, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

All materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of COLLECTIBLEXCHANGE.COM or its suppliers, and is protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Contents on this Site is strictly prohibited.

Objectionable Material

You understand that by using this Site, or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, whereby the Content may or may not be identified as such. You agree to use the Site, and any service, at your sole risk and CollectibleXchange.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

Site Security

Users are prohibited from violating, or attempting to violate, the security of the Site, or exceeding their permitted access to the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. COLLECTIBLEXCHANGE.COM will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree to not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site, automate what are otherwise manual processes, or to catalog any information on this site.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We always make every effort to deliver to you the exact item that you purchased. However, at times items are lost or stolen, damaged, or recalled by a team or athlete. If, for any reason, we are unable to deliver to you the item you have purchased, while we may assist you in trying to find another comparable item, you agree that your sole and exclusive remedy, and our sole obligation, is to provide you with a refund of the money paid for such item.

We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled, or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Some products consisting of sports equipment are not intended for use in connection with any physical activity, such as used merchandise which may no longer be suitable for its original purpose, or promotional items that were never intended to be used in connection with any physical activity. You agree that you are responsible for determining whether or not any such products are suitable, and you release COLLECTIBLEXCHANGE.COM from any liability for the use of such products.

PayPal

Funds will be captured upfront at the point of purchase for any order placed via PayPal.

CollectibleXchange Live Events

Event dates, as well as the athletes scheduled to appear at CollectibleXchange live events, are subject to change without advance notice. Refunds will not be given under any circumstances, unless an exception is made at the discretion of CollectibleXchange. This policy includes, but is not limited to: rescheduling of events due to weather, change in athletes scheduled to appear, change in customer availability to attend after making a purchase, venue and/or time changes.

Pricing Information

While COLLECTIBLEXCHANGE.COM strives to provide accurate product and pricing information, pricing or typographical errors may occur. COLLECTIBLEXCHANGE.COM cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, COLLECTIBLEXCHANGE.COM shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, COLLECTIBLEXCHANGE.COM may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We strive to provide you with the best prices possible on COLLECTIBLEXCHANGE.COM. Prices and availability are subject to change without notice.

Quantity Limits & Dealer Sales

COLLECTIBLEXCHANGE.COM reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same CollectibleXchange account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. COLLECTIBLEXCHANGE.COM also reserves the right, at our sole discretion, to prohibit sales to dealers.

Imperfect Items

Items listed as imperfect are sold as-is and as described and are not eligible for returns or exchanges. All sales are final.

Colors

We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Indemnification

You agree to defend, indemnify and hold harmless COLLECTIBLEXCHANGE.COM and its affiliates from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of the Site, your breach of these Terms of Use, or your use of items purchased on the Site.

Termination

These Terms of Use are effective unless and until terminated by either you or COLLECTIBLEXCHANGE.COM. You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. COLLECTIBLEXCHANGE.COM may also terminate the Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site if you fail to comply with any term or provision of these Terms of Use. Upon any termination of the Agreement by either you or COLLECTIBLEXCHANGE.COM, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The right to any comments shall survive any termination of Terms of Use. Notwithstanding any termination, these Terms of Use will continue to apply to any purchases made on the Site, or use of the Site, prior to such termination.

Disclaimer

THIS SITE IS PROVIDED BY COLLECTIBLEXCHANGE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. COLLECTIBLEXCHANGE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COLLECTIBLEXCHANGE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COLLECTIBLEXCHANGE.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE COLLECTIBLEXCHANGE.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL COLLECTIBLEXCHANGE.COM, OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF OR INABILITY TO USE THE COLLECTIBLEXCHANGE.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COLLECTIBLEXCHANGE.COM HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COLLECTIBLEXCHANGE.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU FOR PRODUCTS PURCHASED ON THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR $100, WHICHEVER IS LESS.

Governing Law

The laws of the State of New York shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK, FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SITE.

Any claims asserted by you must be asserted in writing to COLLECTIBLEXCHANGE.COM within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies

The failure of COLLECTIBLEXCHANGE.COM to partially or fully exercise any rights, or the waiver of COLLECTIBLEXCHANGE.COM of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by COLLECTIBLEXCHANGE.COM or be deemed a waiver by COLLECTIBLEXCHANGE.COM of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of COLLECTIBLEXCHANGE.COM under these Terms of Use, and any other applicable agreement between you and COLLECTIBLEXCHANGE.COM, shall be cumulative, and the exercise of any such right or remedy shall not limit COLLECTIBLEXCHANGE’s right to exercise any other right or remedy.

International Access

The Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country, and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

CollectibleXchange does not ship to the following countries: Algeria, Belarus, Cote D'Ivoire (Ivory Coast), Cuba, Iran, North Korea, Myanmar, Russian Federation, Sudan, Syrian Arab Republic, and Zimbabwe. CollectibleXchange has the right to refrain from shipping to any other country not on this list, if deemed necessary.

Gift Card Usage

Gift cards are issued by CollectibleXchange and are redeemable for merchandise only online, unless otherwise required by applicable law. Gift cards may not be used for payment on any credit card account, to purchase another gift card, or towards previously purchased merchandise. If a gift card is lost, stolen or destroyed, CollectibleXchange may replace it if you provide the gift card number. The replacement gift card will be for the value of the card at the time CollectibleXchange receives your report of loss, theft, or unauthorized use. Gift cards do not have an expiration date and there are no fees. CollectibleXchange allows the use of up to two (2) gift cards per customer, per order, value notwithstanding. Customers may place more than one order and will be allowed to use up to 2 gift cards on each subsequent order. This policy also applies to phone orders.

Autograph Care

In rare instances, autographs may unexpectedly fade over time, often for no apparent reason, or when exposed to direct sunlight or a constant light source. When displaying autographs, CollectibleXchange recommends collectors keep their items away from windows and direct internal lighting and store autographed items (baseballs, footballs, basketballs, helmets, equipment, etc.) in either UV protective glass cases, or frame autographed items (photos, jerseys, etc.) with UV protective glass.

Supported Browsers

CollectibleXchange.com is hosted by Shopify. Shopify requires an up-to-date web browser to ensure that you can use all of Shopify's admin features. Shopify currently supports the latest two versions of all browsers, unless otherwise noted.

Browsers supported by Shopify include:

Caution

At this time, Internet Explorer is not recommended for using Shopify. It is inconsistent when running HTML5 and certain JavaScript behaviors used by Shopify.