Lost Deck Bidding Site

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May. 20, 2013

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Terms and Conditions

	Lost Deck LLCâ€™s Terms and Conditions These terms and conditions apply to purchasing, selling, trading and bidding of trading cards, comics, video games and other items or products through and by Lost Deck LLC (referred to herein as the "Site"). By doing business on this Site, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, do not conduct business on this Site. These terms and conditions are subject to change by Lost Deck LLC (also referred to as "us," "we," "our," or "Lost Deck") without prior written notice at any time, in our sole discretion. The term "Seller" shall refer to any supplier of an item or product, whether an individual or business, including Lost Deck. The latest version of the terms and conditions will be posted on this Site, and you must review these terms and conditions prior to purchasing, selling, trading, or bidding for any product that is available through this Site. You must also carefully review our Privacy Policy before using this Site. I. Purchasing, Selling, Trading or Bidding Items or Products with Lost Deck LLC: 1. Order Acceptance and Cancellation- You may choose to purchase items or products from other users on this Site or directly from Lost Deck LLC. If you choose to purchase an item or product directly from Lost Deck LLC, the following terms and conditions shall apply: Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order or any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled by us, you will receive a prompt refund credit to your credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item or product. Once an order has been placed, it cannot be cancelled by you unless the shipment is unavoidably delayed for an unreasonable period of time due to factors beyond our reasonable control. In this case, we will do our best to cancel the order if requested. We make every effort to maintain the availability of our Site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted. 2. Payment Terms and Sales Taxes- Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. We accept Paypal, VISA, MasterCard, American Express, and Discover credit cards for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; (iii) that either you are the owner of the credit card or if not the owner that you are duly authorized by the owner of the credit card to use it or have the owner's consent to use the credit card; and (iv) you will pay charges incurred by you at the posted prices, including all applicable Sales Taxes, if any. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the items or products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges, if any) has been paid. Charges for shipping and handling will be made in accordance with our thenÂ¬-current shipping policies, as described below. 3. Changes in Products and Pricing - We are constantly updating and revising our offerings of items or products, and we may discontinue items or products at any time without notice. To the extent we provide information on the availability of items or products, you should not rely on such information, and we will not be liable for any lack of availability of items or products that you may order through our Site. All pricing for the items or products available on our Site is subject to change. For all our prices of items or products, as well as for the items or products themselves, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturing price changes, errors in advertisements and other extenuating circumstances. 4. Shipping Policy - We offer a variety of shipping options to meet your shipping needs. We use only premium carries (UPS, FedEx) with Next Day, 2nd Day, and Ground delivery options available for may items. Please check the individual product page for specific delivery options. All deliveries are insured and guaranteed against loss, theft and damage. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted. Please note the posted shipping time frame is listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization. II. Purchasing, Selling, Trading or Bidding Items or Products with Other Users on this Site: 1. Misrepresentation of Items or Products - The description of items or products that are posted on our Site are the representations of our suppliers or other users of our Site. Lost Deck LLC is not responsible for the accuracy of such descriptions. Nor are we responsible for typographical, pricing, product information, advertising or shipping errors. In the event an item or product is significantly different from that which was represented by the supplier or user, or is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our users, we shall not be liable for any such misrepresentation or inaccuracy. Your sole recourse shall be against the supplier or user who made the misrepresentation or inaccurate listing. We shall have the right to refuse or cancel any orders (sales, bids, trades) that were misrepresented or significantly different from that which was represented in quantity, quality or price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged by us for the purchase and your order is cancelled, we will promptly issue a credit to your credit card account in the amount of the charge. 2. Prohibited and Restricted Items- Certain items or products cannot be listed for sale, trading or bidding on our Site. Items or products which promote or contain pornography, insults or attacks directed at another's ethnicity, nationality, religion, gender or sexual orientation, disability or other protected classification shall be strictly forbidden or prohibited at this Site. 3. Prohibited Transactions; Cancellation and Return Policies - Users are prohibited from sending an item or product which is not the authentic item or product represented on the Site by the user or substantially different from the item or product offered for sale, trade or bid and accepting payment for same. Any such prohibited transactions shall be subject to cancellation by the buyer, trader or bidder, who shall be entitled to a full refund of the price of the item by the user who sent the misrepresented item or product or the parties shall be entitled to a mutual return of the items traded. 4. Discipline for Violation of Lost Deck LLC's Terms, Conditions and Policies Â¬Lost Deck LLC reserves the right to discipline the users or members of its site, when it its sole discretion, the user or member has violated any of the terms, conditions or policies promulgated on this Site. Such violations can result in temporary suspension from the use of the Site or permanent cancellation of membership or permanently barred from using of the Site. III. Disclaimer and Limitation of Liability All trademarks and registered trademarks relating to items or products available through our Site are the sole property of their respective owners. Our responsibility for defects relating to the products and services available on our Site is limited to the procedures described in our Cancellation and Return policies set forth below. All items or products available on this Site are provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, or the warrant of non-Â¬infringement. Without limiting the foregoing, we make no warranty that the items or products available on this Site will meet your wishes or requirements or that such items or products will be accurate or reliable or that such items or products will meet your expectations. In no event shall we have any obligations or liabilities to you or any other person or business for loss of profits, for loss of business or use, or for incidental, special or consequential damages, whether based on contract, tort (including negligence), product liability, or any other theory of form of action. You understand that we do not operate or control the items or products offered by the users of this Site, whether they be individuals, businesses or manufacturers of items or products. You agree that under no circumstances shall we be liable for any damages arising out of the failure of any user to fulfill its obligation to you under any warranty, repair, customer support, or similar policies covering items or products that you may bid on, trade or purchase through our site. IV. Cancellation and Return Policies: As between Customer/User and Lost Deck LLC or between Customers/Users themselves: Any items or products that are sold, bided or traded on this Site which are significantly different from those offered for sale, bidding or trade shall be subject to cancellation and a refund of the price or return of the item. There may be occasional delays beyond the posted order processing time. If the delay is more than seven (7) business days, the Seller shall send the Buyer an email message notifying the Buyer of the delay. If the delay will be less than seven (7) business days, the Seller shall ship the item or product as soon as it is received. If the item or product is on backorder for more than ten (10) business days, the Seller shall send the Buyer an email message asking if the Buyer wants to cancel the order. If the Buyer does not advise the Seller that the Buyer would like to cancel the order, the Seller shall keep the order active and continue to send the Buyer inquiries every ten (l0) business days until the order is cancelled or delivery occurs. In the event Lost Deck LLC sends an item or product to a customer which is different from the item or product which Lost Deck LLC promised to send, then upon written notice to Lost Deck LLC from the customer, Lost Deck LLC will exchange the item product within a reasonable period of time. V. Warning: All items or products purchased directly from Lost Deck LLC or by way of auction from Lost Deck LLC are originally scanned by Lost Deck LLC and shipped out in the same condition as originally scanned. VI. Indemnification: You warrant that your use of the Services (or our use if materials you provide to us as Customer Content) will not violate any law, regulation, or our Terms and Conditions and Privacy Policy, or violate or infringe upon the rights of any other party or user of this site, including without limitation, contractual rights, intellectual property rights, publicity and privacy rights and the rights against libel, defamation and slander. You agree to indemnify Lost Deck LLC and hold us harmless (and our successors, assigns, agents and licensees) from any claim, demand, liability, or expense (including reasonable attorneys' fees) arising out of or resulting from your use of the services of our Site or our use of your customer content. VII. Privacy and Customer Information: We are committed to protecting your privacy. To make your bidding, trading, purchasing or selling experience more convenient, we gather information about you. We policies that prevent unauthorized use or your personal information. See our Privacy Policy. At ant time you may update your customer account information by following the instructions posted elsewhere on this site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information. VIII. Service and Support: All requests for technical service and support with respect to the items or products available through our Site should be made directly to the user with whom you transacted your business. Should you have any other questions or concerns, you may contact us by email at info@lostdeck.com or by mail at Lost Deck, LLC, 517 Laurita Street, Linden, NJ 07036. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction. IX. Shipping: The shipping terms set forth on this Site are accepted by the Seller and Buyer when transacting business on this Site. Lost Deck LLC shall not be responsible for items that may be damaged or lost in transit during or as a result of the shipping process. X. Force Majeure: In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of items or products available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, fire, accident, adverse weather, inability to secure transportation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. XI. Entire Agreement: These terms and conditions constitute the entire agreement and understanding between you and us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may not be altered, supplemented or amended by use of any other document(s). Any attempt to alter, supplement or amend this agreement shall be null and void, unless otherwise agreed to in a written agreement by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these terms or conditions, these terms and conditions shall take precedence. XII. Governing Law: This Site is controlled by us from offices within the State of New Jersey, United States of America. It can be accessed from all fifty (50) states, as well as from other countries around the world. As each of these places has laws that may differ from those of New Jersey, by accessing this site you and we agree that the statutes and laws of the State of New Jersey, without regard to conflicts of laws principles thereof, will apply to all matters relating to the use of this Site. You and we agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of New Jersey, Union County and United States of America with respect to such matters. XIII. Arbitration: Any matter in dispute may not be filed in a Court of Law unless it has been first submitted to non-binding arbitration pursuant to the rules of the National Arbitration Forum, located at 285 Davidson Avenue, Suite 502, Somerset, NJ 08873.
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