31. Photo authentication: We have deep respect for the various photo authenticators in our field. However, we only recognize the opinion of one firm in the hobby: PSA/DNA. While we reserve the right to change this opinion in the future, it is our current policy. In the event that we offer a photo that does not carry a Letter of Authenticity from PSA/DNA, you can trust that that photo has been thoroughly scrutinized and is guaranteed to pass as advertised with PSA/DNA if noted. This guarantee is good for 90 days after the close of the auction in which the item was purchased, and must be accompanied by a rejection letter from PSA/DNA. It should be noted that unless expressly stated in our description, we provide no guarantees on framed or mounted photos. 32. Game-Worn/Used Items: For game-used items, we recognize the LOA of PSA/DNA, MEARS, Dave Grob, Dave Miedema or the individual sports or athletes. 33. General Statement on Authentication and Grading: Graded and authenticated items are sold “as is.” We cannot, and will not, be responsible for an item that results in a difference of opinion on authenticity or grade between two competing companies. We will not issue refunds on items that have been authenticated by one company but rejected or graded lower by another after purchase. When we sell an item, we are selling it along with the opinion rendered by the firm that examined it, and nothing more. 34. Framed items: We frequently sell framed items. We assess the condition and eye appeal of framed items based on how they appear in the frame. Unless noted otherwise, framed items are not examined outside the frame, and it is possible that – good or bad – there are issues underneath the frame that are not taken into account when assessing grade. Framed items are sold “as is.” This also applies to dry-mounted or shrinkwrapped items. Further, while we do our best to package everything safely and securely to prevent damage, we are not responsible for frame or glass breakage that happens during shipping. The winning bidder assumes all risk associated with frame or glass breakage in transit. In the instance that a framed item should be damaged in shipping due to glass breakage, the buyer’s remedy, if any, shall be solely against the shipping company transporting the item. Should we sell an item that resides in a frame, we are selling the item inside the frame, and not the frame itself . Should the item be damaged in transit, we can take appropriate measures to refund or replace it. We do not, however, warrant the frame. HOUSEKEEPING 35. 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. 36. 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. 37. In no event and under no circumstance will the liability of Love of the Game exceed the purchase price paid for any lot. 38. These terms and conditions shall be enforced in accordance of the law of the State of New York. Any claims arising from this auction shall be brought in the appropriate court in the State of New York, Ulster 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. 39. Love of the Game Auctions and Crisafulli Ventures 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 prior to bidding in any auction; continuing to bid in our auction serves as your repeated agreement to these rules and policies. PRIVACY POLICY 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 CreateAuction and Mailchimp (our email software provider). We do not sell or rent our customer lists. We do not store credit card information on our servers.
Additionally, we will publish the full name and location of all reneging bidders in our printed catalog, on our website and on our social media as a reneging bidder, and we will forward your name to other auction houses for informational purposes. Should an account be late with payment more than once, it is our policy to assign a credit limit to that account. Your bidding in our auction constitutes agreement to all these rules and policies, especially this one. Payments by check or money order should be made to Love of the Game Auctions, PO Box 3931, Kingston, NY, 12402 We make every effort to ship as quickly as possible. We generally 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. 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 issues 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 partially why the buyer’s premium is 3% less for buyers who pay by check than for those who pay by Paypal. While it does require some patience, we can assure you that we are still quicker than most auction houses. 22. Insurance is provided by Collectibles Insurance Services. The buyer assumes the risk of loss on all items purchased once we ship said items. Shipping carriers are chosen at our discretion. In no event and under no circumstance will the liability of Love of the Game exceed the purchase price paid for any lot. 23. We will not commit customs fraud on packages shipped outside the United States. 24. All items are purchased “AS IS” and may not be returned for any reason. No returns are permitted. 25. 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.” 26. We accept Paypal, checks, certified checks, cash or money orders. We do not accept any other form of payment. We can, by special arrangement, accept payment by wire transfer. Wire transfers under $10,000 are subject to an additional $10 fee. 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. 27. 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, re-auction the lot, or hold the non-paying bidder responsible for the entire amount, at our discretion, with the bidder responsible for the difference between the price received at resale and the non-paying bidder’s original bid. Love of the Game Auctions is also entitled to publicly disclose the names and locations of all reneging bidders, as well as any aliases or online handles. Bidding in our auction constitutes your agreement to our auction rules. As a bidder, you 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 28. 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 differently in the catalog photograph than in person, due solely to lighting or white balance. 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. Despite all this, subtle variations in print color, computer monitors, background lighting, and even camera and scanner settings could result in a catalog or website image not being 100% color accurate, and we make no such guarantees. We cannot accept returns due to discrepancies over color, brightness, contrast, flaws, etc. 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 or receive additional photographs. Similarly, we cannot accept returns on graded items because of a condition issue or flaw that is not addressed in the written description of an item. This includes marks, discolorations, stains, or any other defect that might not have been described in our written description or is not easily visible in the scan or photo. 29. Card grading and authenticity: We utilize the card grading service of PSA and SGC, and are authorized dealers of each. Additionally, we occasionally offer cards graded by CSG, Beckett or, on rare occasion, GAI. 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 even the same) grading service, nor would we guarantee that the item would receive a grade or be authenticated at all. All we can tell you is the number on the holder and the company that graded it. This is important: if a graded card that we sell is subsequently discovered to be overgraded or altered, we cannot be held responsible. We do our best to ensure that the items we sell are as described, but we cannot be held responsible for the opinion of an unrelated party, including the accuracy of a grade and whether flaws or alterations were “missed.” We do not warrant or guarantee any item authenticated or graded by a third party. Graded and/or authenticated items are sold “as is.” THIS IS IMPORTANT: Love of the Game shall not in any way be liable for any defect (either patent or latent) or controversy pertaining to or arising from any encapsulated collectible. In any such instance, the buyer’s remedy, if any, shall be solely against the authentication or grading company certifying the collectible. All graded cards are sold “as is” with no exceptions. Your participation in the auction constitutes your acknowledgement, agreement and acceptance of this rule. 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 . 30. Autograph authentication: We utilize the autograph authentication services of James Spence Authentication and PSA/DNA, exclusively. We do recognize the LOAs of Beckett, GAI, Major League Baseball and its individual players and SGC Authentic, and occasionally sell items authenticated by those companies. Similar to card grading, the opinion of an autograph authenticator is an opinion, and we cannot be held responsible for differences of opinion between authentication companies. Authenticated, signed items are sold “as is.” We do not warrant or guarantee authenticity of any item authenticated by a third party authenticator, nor do we guarantee that an item authenticated by one company will be authenticated by another - or even by that same company, upon resubmission. 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.
SET BUILDER AUCTION − CLOSES FEBRUARY 11, 2023 3
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