THE
FOLLOWING SETS FORTH THE TERMS ON WHICH Iconic Memorabilia LLC
(“Auctioneer”), OFFERS ACCESS TO OUR SERVICE TO BIDDERS (“Bidder”).
USE OF THIS SERVICE CONSTITUTES USER'S AGREEMENT WITH THE TERMS AND
CONDITIONS AS DESCRIBED. WE RESERVE THE RIGHT TO MODIFY OR CHANGE
THESE CONDITIONS AT ANY TIME.
AUCTION
BIDDING PROCEDURES & RULES
THIS AUCTION WILL CLOSE USING THE
“OPEN ENDED” 15-MINUTE RULE
***PLEASE READ
CAREFULLY***
This auction will be
governed by an “open-ended” 15-minute rule. Like a standard
15-minute rule auction, the sale will go into 15-minute rule mode
starting on closing day at 7 p.m. PST (10 p.m. EST).
However, under the “open-ended” rules, ANY bidder can bid at ANY
time on ANY lot in the auction, either before the start of the
15-minute rule or even after the 15-minute rule begins. Hence, even
if a bidder has not bid on any particular lot in the sale, under the
terms of the “open-ended” 15-minute rule they are able to bid on any
lot in the sale even after that start of the 15-minute rule. The
extended bidding period will continue indefinitely until Auctioneer
has not received any new bids on the entire auction--either by phone
or via the internet--for a period of fifteen (15) minutes. At that
time, the auction will be deemed completed and winning bidders will
be determined. This process may take several hours and the auction
may go well into the evening. If you did not plan to stay up late,
we strongly suggest you leave your highest “Top All” bid with us
prior to the auction’s closing.
If you have any
questions regarding the “open-ended” 15-minute rule, please call us
at 1-800-325-7127 for further information and clarification.
IMPORTANT INFORMATION REGARDING AUTHENTICITY
Iconic Memorabilia takes
active measures to determine authenticity and bring our bidding
clientele security and comfort when bidding on autographed
memorablilia. Every autographed lot in this sale is accompanied by
at least one (1) Certificate of Authenticity (COA) from an industry
recognized third-party authentication service: James Spence
Authentication, PSA/DNA, ACE Authentication and/or Global
Authentication. In cases where an item comes with certification from
a company that conducts private signings or deals directly with a
athlete/celebrity, the said company’s COA will be deemed as
sufficient provenance. These companies are well known within the
industry and include Steiner Sports, Tri-Star, Mounted Memories and
Upper Deck Authenticated.
Note: We strongly suggest
you read the remainder of our Terms and Conditions for further
information regarding our policies as it relates to grading and
authentication.
1.) REGISTRATION: All bidders must register to receive a User
ID and Password in order to bid online. You can register online by
clicking on the "Register" link found on various pages throughout
our web site. You may also register by phone. Once registered, your
User ID and Password will be valid for all future Iconic Memorabilia
LLC sales. Registration by phone is available between 9:00 a.m. and
5:00 p.m., PST Monday through Friday. Internet registration is
available 24 hours, however, final credit approval may take up to 72
hours to complete. Accordingly, bidders need to register PRIOR
to the closing date. Bidder registration on the auction closing date
will be at the discretion of Iconic Memorabilia LLC management and
will be limited on a case-by-case basis. Any restrictions on the
amounts new bidders may bid will be made at the discretion of the
auction management. New bidders may be asked to provide credit
card information as guarantee of payment.
2.) BIDDING: Bidding begins immediately upon the launch of
the auction on our web site. Preliminary bidding will end at 7:00
PM, PST on the auction closing date.
Bidding prior to 7:00 PM PST as well as after 7:00 PM PST (the
latter regulated by the “Open Ended” 15-Minute Rule), may occur in
any of the following ways:
a) Online Bidding: Online bidding for registered users who
have obtained a User ID and Password is available 24 hours.
Beginning at 7:00 PM, PST on the auction closing date, bidding will
be extended in accordance with the terms of the "Open Ended
15-Minute Rule" (with all items ending at the same time). After 7:00
PM, PST "Time Left" in the user interface will count down in real
time the amount of time remaining until such time as no lots receive
even a single bid for a period of approximately 15 minutes at which
time the auction will officially close and "Time Left" will read
"Auction Has Ended." b) Telephone Bidding - Telephone bids will be
accepted between 9:00 a.m. and 4:00 p.m., PST, Monday through
Friday, except for the auction closing date when bidding will
continue until 7:00 PM, EST and then for an indeterminate period in
accordance with the "15-Minute Rule." The auction will close once no
bids are received either online or by telephone for a period of
approximately 15 minutes at which time we will stop answering the
phone. c) Fax Bidding - Bids placed by fax must be received no later
than 5:00 PM, PST on the day PRIOR to the auction closing date. Fax
bids must include the User ID and Password to be accepted.
3.) BIDDING INCREMENTS:Bidding increases will be accepted in
increments of 10% above the current high. There are no exceptions to
the bid raise amounts.
4.) PLACING “AUTO BIDS”: Placing an "Auto Bid" is a
recommended option. By exercising this option, you are authorizing
the auction database software to bid competitively in your behalf,
up to but not over your specified limit. "Auto Bids" must be
calculated in 10% increments and do not include the 20% buyer's
premium. Your confidential "Auto Bid" will be implemented
incrementally, only if necessary, to the dollar amount authorized
and no further.
5.) BUYER’S PREMIUM: A
Buyer’s Premium of twenty percent (20%) on each individual lot will
be added to all purchases made by Bidders. For example, if Bidder
wins a lot for $100, the actual total winning amount will be $120.00
plus shipping charges and taxes (if applicable).
6.) GRADING AND AUTHENTICATION: Bidder
acknowledges as follows: Grading and authentication is an art and
not a science. The grade or condition or estimated value herein
represents the opinion of the Auctioneer and/or its Consignors. It
is possible that two people do not always grade or evaluate the same
item alike. Every effort is made by the Auctioneer to determine
provenance and authenticity. Auctioneer is not bound by the
differing opinion of grading services, outside authenticators, or
so-called “experts”. LOTS MAY NOT BE RETURNED BASED UPON A
DIFFERENCE OF OPINION IN GRADING OR AUTHENTICATION. It is ultimately
the Bidder’s responsibility to arrive at a final conclusion
PRIOR to bidding. Please do not bid on a lot if you are not
comfortable with the stated authentication(s) that accompany a lot.
Inquiries concerning condition are strongly advised. Internet and/or
catalog pictures should NOT be used to determine condition or grade
as in some instances pictures have been cropped or enlarged in order
to provide the best possible representation of an item within the
scale restrictions of the medium.
Prospective bidders are welcomed
to call our offices at 1-800-325-7127 for detailed condition
reports.
7.) PAYMENT:Payment
is due within 10 days after receiving notification. Notification of
winning bids will be made by phone, e-mail and/or standard mail
delivery within approximately 72 hours of the auction’s closing.
Arizona residents will be expected
to pay 8.10% state sales tax.
Failure to pay in a timely manner will result in the suspension of
auction privileges. Our preferred methods of payment are personal
checks, money orders, cash and wire transfers. Personal checks will
be held until the check clears unless Bidder has established prior
credit terms. Auctioneer
also accepts payments in the form of major credit cards (Visa,
Mastercard, Discover and American Express) and Paypal. Credit card
payments will be accepted at the sole discretion of the Auctioneer.
8.) NON-PAYMENT BY BUYER:Auctioneer reserves the right to charge to the Buyer’s
credit card any balance remaining on the buyer’s auction invoice
without further notice to Buyer. Buyer agrees to pay all of
Auctioneer’s costs, including attorneys’ fees, incurred in
attempting to collect any sums due to Auctioneer from the Buyer.
Buyer
further understands and acknowledges that if payment is not received
within 14 days of auctions closing that Auctioneer will assess a
late payment fee of one and a half percent (1.5%) per week (or
maximum allowable under applicable law, whichever is greater) until
the invoice is paid in full.
9.) RETURNS:
Auction is not an approval sale. Lots that are accompanied by a
Certificate of Authenticity from a third-party authenticator are not
eligible for return. On lots not accompanied by third party
authentication or under very limited circumstances not including
authenticity (such as gross cataloging error), Buyer may request a
review of purchase and voiding of sale. Buyer must notify Auctioneer
of this request within three (3) days of receipt of item by
providing a detailed written explanation of the alleged gross error.
If it is deemed that gross error may have occurred, it is Buyer’s
responsibility to return the lot in question within seven (7) days
of notice for evaluation. Absolutely no exceptions will be made
regarding this policy.
10. PREVIEWS:Bidders are welcome to
preview any and all auction lots in person at the Auctioneer’s
offices in Anthem, AZ. In person previews will be made by
appointment only. Additionally, Auctioneer will gladly provide phone
descriptions any time PRIOR to the day of the auction.
Appointments and phone descriptions can be made by calling
1-800-325-7127.
11.)
This auction contains property belonging to third persons known as
“Consignors” and Iconic Memorabilia LLC’s consignment agreements may
provide for a reserve. A reserve is a confidential price agreed to
by the consignor and Iconic Memorabilia, LLC, below which a lot will
not sell. Please note that the Reserve Price may differ and be
higher than the “Minimum Bid” price. Please note that if you are the high bidder in the auction we will send
you an invoice only if the consignor reserve amount has been met (a
reminder is included on the bid confirmation screen).
Any bids placed by the consignor on his consigned lot(s) will not be
accepted. Iconic Memorabilia, LLC does not place bids on behalf of
consignors.
12.) ACCEPTANCE OF CONDITIONS:
Placement of a bid on any auction lot constitutes acceptance of the
above stated Terms and Conditions. In the event of dispute Bidder
agrees to pay all attorney fees and cost involved for collection of
funds for Auctioneer. All litigation brought against auction house
shall be in the state of Arizona, Maricopa County.
LAWS
These Terms of
Service shall be governed by and construed in accordance with the laws of the
state of California, County of Orange, or the Federal District Court of
California at the discretion of the auctioneer. User and this Auction Site agree
to submit to the exclusive jurisdiction of the courts of the state of
California. If any provision(s) of these Terms of Service is held by a court of
competent jurisdiction to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the parties with
the other provisions remaining in full force and effect. This Auction Site's
failure to exercise or enforce any rights or provisions of these Terms of
Service shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by this Auction Site in writing. User and this
Auction Site agree that any cause of action arising out of or related to this
Service must commence within one (1) year after the cause of action arose;
otherwise, such cause of action is permanently barred. The section titles in
these Terms of Service are provided for reference purposes only and have no
legal or contractual significance
DESCRIPTION OF
SERVICE
Iconic Memorabilia
LLC provides its users with an Internet auction service for the purpose of
buying and selling personal property. Users agree to provide certain current,
complete, and accurate information about themselves and to maintain and update
this information as required to keep it current, complete and accurate. All
information requested on original sign up shall be referred to as registration
data ("Registration Data"). Furthermore, user grants this Auction Site the right
to disclose to third parties certain Registration Data about User and Service
membership in the aggregate; however, such disclosures will exclude user's name,
mailing address, email address, account and phone number, unless: (1) User
expressly directs this Auction Site to disclose such information, or (2) this
Auction Site is required to disclose such information by any applicable law or
legal process served on this Auction Site.
MODIFICATIONS TO
TERMS OF SERVICE
This Auction Site
may change these Terms of Service from time to time. Users will be notified by
email of any change in these Terms of Service. User's continued use of the
Service constitutes both: (1) their acknowledgment of these Terms of Service and
any modifications; and (2) User's agreement to abide and be bound by these Terms
of Service and modifications.
MODIFICATIONS TO
SERVICE
This Auction Site
reserves the right to modify or discontinue the Service with or without notice
to user. This Auction Site shall not be liable to users or any third party
should this Auction Site exercise its right to modify or discontinue the
Service.
TERMINATION
Should user object
to any of these Terms of Service or any subsequent modifications thereto or
become dissatisfied with the Service in any way, user's only recourse is to: (1)
discontinue use of the Service; (2) terminate Service membership; and (3) notify
this Auction Site of termination.
USER ELIGIBILITY
Our services are
available exclusively to individuals able to form legally binding contracts
under applicable law. Without limiting the foregoing, our services are not
available to minors. Furthermore, this Auction Site reserves the right to refuse
service to anyone for any reason whatsoever.
REGISTRATION &
ACCOUNT SECURITY
Users agree to
provide true and accurate information about themselves in the registration form.
If any information provided by user is incomplete or inaccurate, this Auction
Site retains the right to terminate user's membership and rights to use the
Service. As part of their registration, users will receive a User ID and
Password. Users are encouraged to keep their User ID and Passwords private
because the foregoing data is the only information needed for purchasing power.
Users are responsible for the confidentiality of their User ID and Password as
well as for any and all activities that occur under their user ID and
password-protected account. User agrees to immediately notify this Auction Site
of any unauthorized use of their User ID or Password or any other breach of
security known to user.
USER CONDUCT
User is solely
responsible for the contents of his or her transmissions through the Service.
Use of the Service is subject to all applicable local, state, national and
international laws and regulations. Attempts to gain unauthorized access to
other computer systems are prohibited. This Auction Site may, at its sole
discretion, immediately terminate Service should user's conduct fail to conform
to these Terms of Service and User Agreement.
OTHER LIMITATIONS
This Auction Site
retains the right, at our sole discretion, to determine whether or not a user's
conduct is consistent with the letter and spirit of this Agreement. This Auction
Site reserves the right to terminate service if a user's conduct is found to be
inconsistent with these Terms of Service and User Agreement.
BIDDING AND BUYING
Iconic Memorabilia
LLC has the right to establish general practices and limits concerning users'
bidding privileges and procedures. A user who has entered the highest accepted
bid at the end of an auction is obligated to complete the transaction. Once
entered, bids are NOT retractable. This Auction Site and it's host are not
responsible for bids not being processed or not being accepted due to technical
difficulties. Moreover, bid manipulation of any kind is expressly forbidden. A
seller is prohibited from placing bids or arranging to have bids placed on
behalf of seller, seller's agent or assigns. No shill bidding is allowed. Buyers
are prohibited from communicating with each other with the purpose of
manipulating the final purchase price of an item. Please note that it is a
violation of law to make bids in a false name or with an invalid payment method,
even if our software initially accepts such a bid. Be aware that even if you do
not give us your real name, your web browser transmits a unique Internet address
to us, which can be used by law enforcement officials to identify you. Do not
test our auctions with false bids. This puts you at substantial personal legal
risk. Fraudulent bidders will be prosecuted to the fullest extent of the law.
Currently, both the FBI and the US Secret Service are responsible for
investigating all Internet fraud cases.
ACKNOWLEDGMENT AND
ACCEPTANCE OF TERMS OF SERVICE
As operated by
Iconic Memorabilia LLC, this auction Service, is provided to you under the
foregoing Terms of Service and any operating rules or policies that may be
published by this Auction Site. The Terms of Service comprise the entire
agreement between Member and this Auction Site and supersede all prior
agreements between the parties, regarding the subject matter contained herein.
By participating in the registration process, you are indicating your agreement
to be bound by all of these Terms of Service.
DISCLAIMER OF
WARRANTIES
USER EXPRESSLY
AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS" AND & "AS AVAILABLE" BASIS. THIS AUCTION SITE EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. Iconic Memorabilia LLC MAKES NO WARRANTY THAT THE SERVICE
WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES Iconic Memorabilia LLC MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED. Iconic Memorabilia LLC MAKES NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE
SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Iconic Memorabilia
LLC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF
LIABILITY
Iconic Memorabilia
LLC OR ITS HOST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE
THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED, OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED
ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
Iconic Memorabilia LLC OR ITS HOST HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
NO RESALE OR
COMMERCIAL USE OF THE SERVICE
Use of this
Service is personal to Member. Member agrees not to resell or make any
commercial use of the Service, without the express written consent of Collect
Only, Inc. Without limiting any other remedies, this Auction Site may terminate
your account if you are found (by conviction, settlement, insurance or escrow
investigation, or otherwise) to have engaged in fraudulent activity in
connection with our site.
INDEMNIFICATION
User agrees to
indemnify and hold Iconic Memorabilia LLC, its parents, subsidiaries,
affiliates, officers and employees, and likewise the host, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of their use of the Service, a breach of this User Agreement, or the
infringement by user, or other user of the Service using registered user's
computer, of any intellectual property or other right of any person or entity.