Auction Terms and Conditions
ABOUT OUR AUCTION
1. This auction is conducted by Crisafulli Enterprises, LLC, doing business as Love of the Game Auctions. The auction is conducted under the following rules and applicable laws. Consignors and bidders in this auction agree to be bound by these rules. If you have any questions, contact us at firstname.lastname@example.org.
2. A buyer’s premium equal to 23% of the high bid will be added to all lots. A $100 winning bidder will thus be charged $123. Any winning bidder who elects to pay by cash, check, or money order will receive a 3% discount on their buyer's premium, thus paying 20% (a $100 winning bidder would thus be charged $120), provided payment is made within 14 calendar days of the invoice date. Winning bidders who do not pay within 14 days automatically forfeit this discount.
3. This auction includes extended bidding, with a 15-minute rule for the entire auction. In order to bid on an item during the extended bidding session beginning on the date of the auction, you must place at least one bid on said item prior to 9:00 PM EST on the auction date. If you don't bid on it by 9PM EST the day the auction closes, you can't bid on it afterward. To ensure that everyone gets a chance to bid, we will apply the 15-minute rule to the entire auction. Once approximately 15 minutes pass without a bid on any item in the auction, the auction will close. NOTE that we reserve the right, however, to close the auction at any time after extended bidding begins. We don’t intend to reward bidders who can keep their eyes open the longest, we intend to give everyone who wishes to participate in the auction a fair chance at winning their chosen lot at the price they elect to pay. We also like our beauty sleep, and need it very, very much. As such, we reserve the right to shut down the auction without notice at any time during the 15-minute rule, for any reason or when we run out of coffee.
4. Winning bids will be subject to additional shipping and insurance charges. We do not make profit on shipping. Shipping and handling charges will be reasonable (given our shipping methods), and will be updated after the auction closes when you receive your invoice. Please be patient with us on this; it may take us a little longer than other auction houses, we want to get it right.
ALSO NOTE THIS EXPLANATION OF HOW OUR SHIPPING WORKS:
We use USPS, UPS, and FedEx for shipping, and generally adhere to the following rules:
• If your package is valued at $400 or less, we ship via USPS Priority Mail.
• If your package is valued between $401 and $2,000, we ship via USPS Priority Mail with a Signature Confirmation required.
• If your package is valued between $2,001 and $10,000, we ship EITHER via USPS Registered Priority Mail, or via USPS Express Mail (signature confirmation required).
• If your package is valued between $10,001 and $25,000, we ship via USPS Express Mail (signature confirmation required).
• If your package is valued over $25,000, we ship via FedEx.
For extremely heavy packages, we do use UPS or UPS Freight. Please note, however, that the method of shipping is AT OUR DISCRETION, and we can choose whichever method we feel best fits the item we are shipping.
The actual shipping costs are determined by the weight of the package and the method of shipping, and not by its value. WE DO NOT CHARGE YOU FOR INSURANCE. We have a blanket policy that we have to buy, regardless of whether or not you win anything, so we do not think it's fair to make you pay for insurance.
We pride ourselves on packaging all items very carefully and diligently, but cannot honor special packaging and shipping requests. Please bear this in mind when bidding. WE DO NOT SHIP IN PADDED ENVELOPES, UNDER ANY CIRCUMSTANCES. Once you win something from us, it is important to us that you receive it undamaged. Because of this, we ship in triple-walled corrugated boxes, typically wrapped in heavy-duty bubble wrap with other ultra-protective packaging inside. As a result, we cannot reduce your shipping cost. It's expensive to ship!
5. New Jersey residents are subject to 7% sales tax on purchases unless we have a valid resale certificate on file.
6. We accept Paypal, Check or Money Order. We accept credit cards only on sales under $5,000. Please allow us to repeat: we accept credit cards only on sales under $5,000.
REGISTRATION AND CONSIGNMENT
7. In order to bid, you must be a registered bidder. In order to register, visit www.loveofthegameauctions.com and complete the bidder registration. Bidders are required to provide one hobby reference in order to register, and registrations are approved manually by management. We cannot guarantee that we can take bidder registrations the day of the auction, so register early! Also please note that if "eBay" is your hobby reference, you must provide your eBay ID. By "hobby reference," we are referring to an individual business entity (for instance, card dealer, auction house, etc) with whom you have done business as a buyer. All registrants must be 18 years of age. Love of the Game reserves the right to refuse any bidder registration or any consignment, for any reason. Registering to bid means you agree to these terms and conditions.
8. Bids can be placed online at www.loveofthegameauctions.com by registered bidders, or by phone at (973) 452-9147. Phone bids will be made by proxy, by Love Of The Game Auctions staff acting on your behalf as quickly as possible. We promise that we will execute these bids as quickly as possible, but cannot take responsibility for internet bids that are placed by other users prior to executing a telephone bid. We also cannot take responsibility for busy phone signals.
9. We reserve the right to withdraw any item from the auction at any time during the auction, for any reason. This includes after the close of the auction, in the event that there are issues or questions with title, authenticity, clerical error, untimely bid, untimely payment, or other issues related to human or mechanical error.
10. Love of the Game Auctions wishes to conduct a reputable auction with reputable collectors and consignors. As such, Love of the Game Auctions reserves the right to refuse to accept bids or approve bidders for any reason. Similarly, Love of the Game Auctions reserves the right to refuse or withdraw consignments for any reason.
PARTICIPATION IN THE AUCTION
11. A bid is a financial commitment, and bidders are responsible for the accuracy of their bids. Once you place a bid, it cannot be retracted. If you’ve got questions about how to bid, please contact us PRIOR TO PLACING YOUR BID. Bidder error does not constitute a reason to retract bids. YOUR BIDS MAY NOT BE RETRACTED UNDER ANY CIRCUMSTANCES. Your bid is binding, and cannot be retracted.
12. Bid increments are as follows:
Last Bid Bid Increment
13. “Max" or "Ceiling" bids can be placed on any lot. They must conform to the proper bidding increment based on a lot's high bid at the time such a bid is placed. In the event of a tie between bids, the earlier bid received will be recognized as the winning bid. This is especially important with respect to "Max" bids and "straight" bids, because if a bidder places a "straight" bid equal to a "max" bid left by someone earlier, the "max" bid will be considered the winner.
14. We cannot see max bids. We do not have access to max bids in any way. If you choose to leave a max bid, we will not know. We do not have a fancy brand name for this; we just call it "integrity." It should go without saying.
15. Consignors may not bid on their own materials. Love of the Game Auctions reserves the right to cancel any bid should we believe that bid was made by a consignor, or representative of a consignor, bidding on his/her own materials. We reserve the right to decline consignments for the same reason.
16. Our auction system generates electronic bid confirmations and outbid notices electronically and automatically. Love of the Game Auctions cannot guarantee that you’ll receive the emails, however. We recommend checking the status of your bids online periodically.
17. We do not have hidden reserves. Occasionally, we will feature a high-value item with a reserve. Occasionally, on certain high-value items, we will institute a reserve to protect our consignor. There is never a hidden reserve. It is our policy to disclose whether an item has a reserve, right in the description of that item. If a reserve is not noted, and the item receives a bid, it will sell. If a reserve is noted, you can expect that approximately one week prior to the close of the auction, we will disclose specifically the dollar amount of the reserve. If the bidding meets the reserve, the item will sell. We do not permit consignors to add reserves after the auction is underway, and we will not accept a consignment with a reserve unless it is specifically agreed upon prior to the auction.
18. Love of the Game Auctions, its owner or employees are not permitted to bid on any lot in the auction, under any circumstances. Bidders are not bidding against any “house account.” There is no “house account.”
19. Unsold or unpaid lots may be re-auctioned at the discretion of the consignor.
20. We do not do "deals" during the auction. This means 1) We will not reduce or waive the buyer's premium on an item as incentive for someone to place or increase a bid. 2) We will not bundle an auction item together with another item that is not in the auction as an incentive for someone to place or increase a bid. 3) We will not reduce a consignor fee or buyer's premium in exchange for the consignor bidding on another lot in the auction, nor will we make bidding on any individual lot part of a consignment agreement. 4) We will not entertain purchase offers for items in the auction that do not have bids. Yes, these things happen with other auctions, and yes, we believe they hurt bidders and consignors.
21. If, for any reason, our auction is interrupted during the final week of bidding, Love of the Game Auctions may elect to extend bidding. If any bidder experiences a problem bidding, they should contact us at email@example.com.
PAYMENT AND DELIVERY
22. Payment must be received on all winning bids within 14 calendar days of notification of items won. This is not negotiable, as it is important to us to pay our consignors as quickly as possible. Notifications and invoices are sent by email, except in the event that a phone bidder has no email address. Invoices may also be sent by mail or fax, at our discretion. These methods shall constitute “notification” of winning. Any bidder not paid in full within 14 days of notification may have future bidding and consigning privileges revoked, and will be subject to legal action. Additionally, we will publish your name in our printed catalog or on our website as a reneging bidder, and we will forward your name to other auction houses for informational purposes. Your bidding in our auction constitutes agreement to all these rules. Payments by check or money order should be made to Love of the Game Auctions, PO Box 157, Great Meadows, NJ 07838.
We make every effort to ship as quickly as possible. We ship under a "First In, First Out" policy, meaning we ship packages in the order that payment was received, unless there are extenuating circumstances. If you make your payment by PayPal or credit card, your payment is processed immediately and forwarded to shipping. This does not mean your item will be shipped right away. It means it is "ready to ship," and is in queue with all the other packages that have been paid for.
We hold all checks for 7 days. Sadly, this is a policy that we needed to institute, thanks to Mr. Jason Williams of Pioche, NV. Please note that the above does not say "we hold all checks until they clear," it says "we hold all checks for 7 days." Our bank has advised us that the best way to avoid being burned like we were with Mr. Williams is to hold each check for 7 days. This means that on the 8th day, we make sure checks have cleared, and then we forward the invoice to shipping. This does not mean your item will be shipped right away. It means it is "ready to ship," and is in queue with all the other packages that have been paid for. We realize this is a one-week delay, which is why we offer a 3% discount on the Buyer's Premium for those who pay by check. While it does require some patience, we can assure you that we are still quicker than most auction houses.
23. Insurance is provided by Collectibles Insurance Agency. The buyer assumes the risk of loss on all items purchased once we ship said items. We ship via USPS, FedEx, or UPS, at our discretion.
24. We will not commit customs fraud on packages shipped outside the United States.
25. All items are purchased “AS IS” and may not be returned for any reason. No returns are permitted.
26. ALL SALES ARE FINAL. Bid retractions are not permitted for any reason. Once a bid is placed, it may not be retracted. All items are offered “as is.”
27. We accept Paypal, Visa, Mastercard, checks, certified checks, cash or money orders. We do not accept any other form of payment (including Bitcoin, trade in kind, travelers cheques, cigarettes, or chocolate). Personal (or business) checks are held for 7 days. We ship as soon as possible after payment in full is received. Ownership of any lot does not pass to the winning bidder until the lot is paid for in full, nor do we ship items to winning bidders without first receiving payment.
28. If a winning bidder has not honored his/her winning bid per these terms and conditions, then Love of the Game Auctions is entitled to sell the winning lot to an underbidder, re-auction the lot, or hold the non-paying bidder responsible for the entire amount, at our discretion. Love of the Game Auctions is also entitled to publicly disclose the names of all reneging bidders. Bidding in our auction constitutes your agreement to our auction rules. Winning bidders agree that a non-paying bidder is responsible for any and all losses incurred, plus all fees and/or commissions related to the subsequent sale of the item(s). Reneging or non-paying bidders are also responsible for interest charges at the rate of 2% per month for all outstanding balances until paid in full, as well as all legal fees and court costs incurred by Love of the Game Auctions in our efforts to collect their unpaid debt. In other words, if a winning bidder does not pay in full, he/she agrees to be held responsible for the value of the lot, any losses incurred as a result of having to re-sell the lot, plus interest charges of 2% per month on all unpaid balances, plus legal and court fees.
AUTHENTICITY, GRADES, DESCRIPTIONS, and CAVEAT EMPTOR
29. Love of the Game Auctions makes every attempt to describe each item in our sale as accurately as possible. We do not “sweeten” or otherwise enhance any scans or images, save for general unsharp mask or image re-sizing, general color correction of photographs, and cropping out unsightly background distractions with the magical Photoshop program. Occasionally, an item in our auction may appear lighter in the catalog photograph than in person, due solely to lighting. We do not enhance scans or photographs, but we do shine light on items we are photographing, in an effort to ensure it is as visible as possible. Any bidder who is unsure of an item's true appearance is more than welcome to contact us with questions or to schedule an in-person preview.
30. Grading and authenticity: We are very confident in the expertise and skill of the hobby’s premier grading and authenticating professionals. However, they are not perfect. As stated above, we make every effort to properly represent and describe items in our auction. However, we cannot be held responsible for the opinion of a third-party grader or authenticator. As most collectors understand, opinions on grade or authenticity, while typically rendered by skilled workers with vast experience, are exactly that: opinions. We cannot guarantee that every card graded by a third-party grading service, or every item authenticated by a professional authenticator, would receive the same grade upon resubmission to a different (or the same) grading service, nor would we guarantee that the item would receive a grade or be authenticated at all. We cannot guarantee that every item authenticated would receive the same authentication when submitted to a different (or the same) authenticator. We cannot guarantee that an item graded by a third-party grading service has not once been graded at a lower level, and we cannot guarantee that the item will not again be graded at a lower level upon resubmission. We also cannot guarantee that an item that looks really good will receive a "bump" upon resubmission. We can't even guarantee that an item that looks really good will receive a numeric grade at all if resubmitted. All we can tell you is the number on the holder and the company that graded it.
Additionally, we do not warrant or guarantee authenticity of any item authenticated by a third party authenticator. Essentially, we cannot be held responsible for the opinion of an unrelated party. Graded and/or authenticated items are sold "as is."
Furthermore, we do our best to accurately describe the condition of ungraded items in our auction. We do not guarantee that a bidder, consignor, grading or authenticating company will agree with our descriptions. Our descriptions, like those of the grading and authentication companies, are based on our opinions.
We try to be as detailed and thorough as possible, but occasionally make errors in descriptions or images. Any error we discover or that is brought to our attention will be rectified as quickly as possible, provided that such an error is an actual error, and not an issue of opinion or speculation.
We occasionally sell autographed items that have not been authenticated by third-party entities. In general, these are lower-value items. We will not sell a high-dollar autographed item that has not been authenticated. In the event that we sell an unauthenticated item, we guarantee the authenticity of said item for 60 days from the date of purchase. Should either JSA, PSA/DNA, or SGC, the only entities we currently recognize as authorities in autograph authentication, reject an unauthenticated item purchased from our auction within 60 days of purchase, we will refund your money. Please note that this does NOT include large lots of autographed items where a few do not pass, or multi-signed items where a "non-key" signature is deemed secretarial. Also please note that we reserve the right to obtain a second opinion prior to providing a refund. Should our chosen authenticators render a favorable opinion on authenticity (at our expense), we will return the item to the initial winner.
When we provide data with respect to grading company population reports, please understand that people submit cards to grading companies every day. Population reports are a moving target. While we warrant that population data is accurate as of the date our descriptions are written, we cannot warrant that the data is accurate as of the date you read the description. As such, we strongly recommend that interested bidders check population data prior to bidding, if the bidder finds such a thing important.
When our descriptions include things like population data, set registry rankings, and the like, we do not ascribe any value to those descriptives - we are simply including them to help collectors who are interested in that sort of thing.
Lastly, with respect to any large lots of authenticated autographed items, we offer these lots with the understanding that a few of the items in such a lot may not be authentic. When rendering an opinion on such a lot, authenticators may spend more time verifying the authenticity of the “key” items, and thus an inauthentic signature may occasionally slip by. All bidders who choose to bid on such lots do so with this understanding.
31. Any person who registers for the auction agrees to be bound by these terms and conditions, and accepts them freely. Anyone who places a bid agrees to personally guarantee payment on any winning bid.
32. Love of the Game Auctions will not be held liable for any damages or claims arising of or in connection with the sale of any item.
33. These terms and conditions shall be enforced in accordance of the law of the State of New Jersey. Any claims arising from this auction shall be brought in the appropriate court in the State of New Jersey, Warren County. In the event the Love of the Game Auctions is the prevailing party in any such claim, it shall be entitled to the recovery of all attorney fees and costs, whether or not such remedy is entitled by law.
34. Love of the Game Auctions and Crisafulli Enterprises reserve the right to amend these rules at any time, for any reason, without notification. It is the responsibility of our bidders and consignors to review these rules periodically; continuing to bid in our auction serves as your repeated agreement to these rules and policies.
We value your privacy, and are committed to protecting it. When you register for our auction, or consign material to us, we collect your information and store it in our system. We may also automatically receive and record information on our server logs from your browser. We utilize your contact information so that we can communicate with you, send you periodic marketing emails or "snail mail," ship you your goodies, and send you money when you consign your valuable material to us. Any personal information that we maintain is stored on a secure server courtesy of our friends at SimpleAuctionSite and Mailchimp or YMLP (our email software providers).
Your personal and payment information is always safe. Our SSL software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name and address, so that it cannot be read over the internet. Our credit card processing provider is one of the leading companies in its industry. We strive to utilize service providers that are industry leaders, utilizing state-of-the-art technology.