Auction Terms

 

The following auction terms (the “Auction Terms”) supplement the Terms of Use agreement for www.Topps.com (the “Topps Website”), which can be found here (the “Terms of Use”). These Auction Terms are meant to be read with the Terms of Use, which are incorporated into these Auction Terms, and which contain additional terms and conditions applicable to you and your access to and use of the auction features with respect to auctions run on the Topps Website (the “Auction” or collectively, the “Auctions”), regardless of how accessed, and which includes dispute resolution provision. With respect to an Auction, in the event of any conflict between these Auction Terms and the Terms of Use, these Auction Terms shall control. Please read these Auction Terms carefully.

 

BY ACCESSING AND USING THE TOPPS WEBSITE FOR AUCTIONS, INCLUDING PLACING A BID OR OTHERWISE PARTICIPATING IN AN AUCTION, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE AND THESE AUCTION TERMS. If you do not agree to be bound by the Terms of Use and these Auction Terms, you may not access or use the Topps Website for Auctions, place a bid, or otherwise participate in an Auction. These Auction Terms may be prospectively changed, modified, or altered by us in our sole discretion at any time without prior notice. If we materially change these Auction Terms, we will notify you through a notice, updated Auction Terms on the Topps Website or by email (sent to the email address specified in your account), prior to or upon the change(s) becoming effective to the extent required by law. Accordingly, when you access or use the Topps Website for Auctions, including placing a bid or otherwise participating in an Auction, you should check the date of the Auction Terms and be aware of any changes since the last version. Your continued use of the Topps Website for Auctions after the effective date of a change, including placing a bid or otherwise participating in an Auction, means that you accept such changes. Your access to and use of the Topps Website for Auctions, including placing a bid or otherwise participating in an Auction, will be governed by the Terms of Use and Auction Terms in effect at the time of such use or access, bid or other participation.

 

Auctions

 

The following is a general description of how Auctions may be conducted by us on the Topps Website. We reserve the right to prospectively change the way Auctions are run from time to time, including per item and at the last minute. You should carefully review these Auction Terms and any item-specific terms and conditions before placing a bid.

 

Eligibility

 

In order to participate in an Auction, you must be 18 years of age or older or the age of majority in your jurisdiction, whichever is greater. Employees of Topps who are directly involved in managing, administering or fulfilling auctions – and employees of any affiliated companies or contractors with similar responsibilities – along with their immediate family members and/or those living in the same household of each are not eligible to participate in an Auction. We may set criteria for determining eligibility to visit an Auction, to register, to bid in an Auction, or win an Auction, each in our sole discretion. Without limiting the foregoing, we may require you to submit additional information (including as to ability to pay), or seek information about you from third party service providers, in order to participate or continue participating in an Auction.

 

Bidding

 

We reserve the right to establish the type of Auction and how bidding will work for each Auction. Below are certain types of Auctions that we may conduct:

 

Standard Auction. In a standard auction, the winning bid will be the bid that is the highest dollar amount at the time the Auction closes, subject to any applicable reserve amount (see more details on “reserve” auctions in final paragraph of the section on bidding).

 

Dutch Auction. In a “Dutch” auction, products will be made available at a “starting price” when the auction begins which is the highest possible price for a bid. The price will then reduce by specified dollar amounts in increments of time (e.g., $25 every 5 minutes) until the product is sold out or until the auction price reaches the specified “floor” price which is the lowest possible price possible bid price. Bidding price is determined at the moment an item is added to the cart, not when checkout is complete. Bid checkouts completed after the product has sold out or after auction has ended may be rejected or later cancelled. We may limit the number of boxes or cases per transaction and/or number of transactions per customer.

 

Bidding on an item is an offer to buy the item at the price in the bid, plus any applicable shipping and/or handling fees, as well as any applicable sales, use or other similar taxes. You must create an account or have an active account in order to place a bid for an Auction. To the extent you have not already provided your credit card information to us in your account, you must provide your credit card information in your account at the time you place a bid and the credit card you provide or that is your then-current default payment in your account will be charged at the close of the Auction if you are a winning bidder.

 

Auctions may be subject to a “reserve price,” which is a minimum amount that must be bid in order for the item to be sold in the auction, in our sole discretion. The applicability of a reserve price to the Auction will be posted in the item listing. Only bids placed at or above the reserve price are eligible to win the auction. If the reserve price is not met by the time the auction ends, there will be no winner of the auction.

 

Bidding Requirements

 

Each bid is a legally binding offer and you may not cancel or withdraw your bid once placed. When bidding in an Auction, you agree that:

 

(a) you are making an irrevocable binding offer to purchase the item and that, if you are the winning bidder, your bid is a legally binding contract to purchase the item except in certain limited circumstances set out below;

 

(b) if you are the winning bidder, we may charge your credit card at the time the Auction closes for the amount that you bid and any applicable taxes, shipping charges and handling fees;

 

(c) you are responsible for reading and understanding the full item listing, the Terms of Use, these Auction Terms and the terms and conditions that accompany the listing;

 

(d) you will not take any actions that directly or indirectly manipulate the bid or the bidding process and that no “shill” bidding (i.e., purposeful bidding, alone or in coordination with others, on an item to artificially drive up the price of such item) is permitted; and

 

(e) you will not bid on any item which violates any law, rule or regulation to which you are subject and that if you do so your bid is considered null and void.

 

Auction closing times are approximate, and we reserve the right to close an Auction early or later than the scheduled time or to cancel an Auction in its entirety for any reason or no reason.

 

We may set or change minimum bids, bid increments, reserve prices, starting or floor prices, extended bidding periods, and other bidding terms in our sole discretion. We reserve the right to limit, change, cancel, extend or relist any Auctions, without prior notice, even after bids have been submitted. We reserve the right to rescind a sale or otherwise not deliver an item/lot to a winning bidder where, in our reasonable discretion circumstances warrant such action, including, without limitation, in the event of delayed payment or non-payment, breach of these Auction Terms or the Terms of Use, loss or destruction of the item (including when we do not receive the item), difficulties in collecting payment from winners, bids placed by ineligible parties, and any error or omission by us or any other party.

 

Account Creation; Payment Information

 

You are required to create an account or have an existing account in good standing in order to place a bid in an Auction. You may be required to enter a valid credit card number as part of your account to place a bid for any item. Your credit card will not be charged unless you are a winning bidder. We reserve the right to put an authorization hold on the credit card for an amount reasonably related to the item on which you are bidding. Payment for Auction items will be charged automatically at the close of an Auction if you are the winning bidder. We must receive payment in full in the amount of the winning bid, plus applicable taxes, shipping charges and handling fees before any item will be delivered. Title shall not pass to you until such time. Failure to complete valid payment within the time specified in any notification we send you about a failed payment may result in us voiding and canceling your bid.

 

ALL AUCTION ITEMS SOLD “AS IS”; NO RETURNS OR REFUNDS

 

TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, ALL AUCTION ITEMS ARE SOLD AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. ALL SALES ARE FINAL, AND WE DO NOT ACCEPT RETURNS OR ISSUE REFUNDS.

 

Taxes, Shipping Charges and Handling Fees

 

All Auction bids are shown in U.S. dollars and are valid and effective only for items auctioned and shipped from the U.S.; applicable taxes, shipping charges and handling fees are additional. Each winning bidder agrees to pay all applicable taxes, shipping charges and handling fees, in addition to the winning bid amount. Actual taxes charged may differ from those shown at the time of bid placement, as changes in applicable tax laws, a change in shipping address, or other factors, may result in the applicable tax amount changing between the time the bid is placed and the time the Auction closes. Risk of loss will transfer to the winning bidder upon transfer of the item to a common carrier or, in the case of pick-up, to you. Delivery method may vary by item, type, location, and availability. Because of delays and difficulties sometimes outside of our control, we cannot make any commitment as to the exact delivery method or timing of delivery.