These Terms and Conditions apply to Auctions conducted by, and other transactions facilitated by, METROPOLIS COLLECTIBLES INC. t/d/b/a ComicConnect (“ComicConnect”), and constitute a legal, valid, binding, and enforceable contract between ComicConnect and YOU. These Terms and Conditions also form a contract between you and each Consignor. Together with any written purchase and sale agreement between YOU and the Consignor of any Lot, these Terms and Conditions form the basis for the contract of sale between YOU and the Consignor if YOU are the Winning Bidder on any Lot. YOUR use of this website, placing of any bids, or offers, purchases, or submissions to sell confirms YOUR full understanding and agreement to these Terms and Conditions. If YOU do not agree to these Terms and Conditions, YOU may not enter ComicConnect’s website or place any bids, or offers, or engage in any other transactions with or through ComicConnect.
1. Auction and Transactions Conducted under and in Accordance with These Terms and Conditions. All Auctions conducted by, and transactions facilitated by, ComicConnect are subject to these Terms and Conditions. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO REVIEW THESE TERMS AND CONDITIONS, THAT YOU HAVE READ THESE TERMS AND CONDITIONS, THAT YOU UNDERSTAND THESE TERMS AND CONDITIONS, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOUR participation in Auctions conducted by, and transactions facilitated by, ComicConnect is further evidence of YOUR agreement to be bound by, and to abide by, these Terms and Conditions.
2. Definitions. The following definitions apply to these Terms and Conditions and with respect to each Auction conducted by, and transaction facilitated by, ComicConnect:
“Absentee Bid” means a bid submitted to ComicConnect by an Absentee Bidder for the execution during the Auction under terms established by ComicConnect.
“Absentee Bidder” means a person or entity that submits an Absentee Bid. An absentee Bidder may or may not be physically present at the Auction Site during the Auction.
“Absolute Auction” or “Absolute” applies only if and when expressly indicated in writing and means that property is sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. This type of auction is also known as an auction Without Reserve. Provided that a bid is received within a reasonable time after bidding opens on a Lot, the Lot will be sold to the highest bidder regardless of the final bid amount. A Lot exposed for sale at Absolute Auction may be withdrawn by ComicConnect if a bid is not received within a reasonable time after bidding opens on the Lot. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY ComicConnect IN WRITING, NO LOT IS BEING EXPOSED FOR SALE AT ABSOLUTE AUCTION OR WITHOUT RESERVE.
“Auction” means an auction conducted by ComicConnect.
“Auction Site” means the physical location where the Auction is conducted, and/or where the Property is located, and/or and/or where inspections may be made, and/or where pick-up occurs.
“Bidder” means any person or entity (and the agents or representatives of any such person or entity) that registers, and/or bids, and/or buys, and/or otherwise participates in the Auction, including any person or entity who tenders an offer for immediate purchase of a Lot by electing the Make an Offer Feature.
“Bidder Number” means the number or other identifier issued by ComicConnect to a Bidder for the purposes of identifying bids to such Bidder. (See, also, User Account).
"Buyer" means the Winning Bidder on a Lot.
“Buyer’s Premium” or “Buyer’s Fee” is a non-refundable administrative fee calculated as a percentage of the Hammer Price that is payable by the Buyer of each Lot to ComicConnect for ComicConnect’s own account. If a Lot is offered Subject to Consignor’s Confirmation, the Buyer’s Premium will be calculated on the amount of the High Bid Subject to Confirmation or such other amount as may be agreed to between Consignor and Buyer, whichever is greater. The Buyer’s Premium is earned by ComicConnect, and becomes ComicConnect’s property, at the Fall of the Hammer.
“Commission” means the amount payable by or on behalf of Consignor to ComicConnect for ComicConnect’s services, calculated as a percentage of the Hammer Price.
“Consignor” means the person or entity having title to a Lot and/or having the power and authority to sell, transfer, and convey title to a Lot.
“Contract Price” means an amount equal to the Hammer Price plus the Buyer’s Premium. Any sales tax or similar taxes or fees will be based on the Contract Price.
“Delivery” means the transfer of possession a Lot to the Buyer. Unless otherwise stated in writing, Delivery of a Lot will occur where the Lot is physically located in the State of New York or at such other address as indicated on ComicConnect’s website. Delivery does not mean that ComicConnect will move or relocate any Lot from its physical location during the Auction, or as indicated on ComicConnect's website, to any other location directed by the Buyer. Unless otherwise expressly agreed in writing, ComicConnect will not move or relocate any Lot(s) on behalf of the Buyer.
“Fall of the Hammer” means the point, after bids have been received, at which ComicConnect declares a Lot “sold” to the Bidder acknowledged by ComicConnect as having made the Winning Bid. During an online auction, the Fall of the Hammer may occur electronically at the end of timed (or extended) bidding. If a Lot is exposed for sale Subject to Consignor’s Confirmation, the Fall of the Hammer will occur on Consignor’s confirmation of the sale either at the High Bid Subject to Confirmation or at such other amount as may be agreed to, in good faith, by Consignor and the Buyer.
“Hammer Price” means the High Bid amount recognized by ComicConnect with the Fall of the Hammer. If a Lot is exposed for sale Subject to Consignor’s Confirmation, the Hammer Price will be (i) the High Bid Subject to Confirmation if confirmed by Consignor, or (ii) such other amount as may be agreed to, in good faith, by Consignor and the Buyer, whichever is greater. For the purposes of these Terms and Conditions, the term Hammer Price includes the amount of any offer or counteroffer accepted through the Make an Offer Feature.
"High Bid Subject to Consignor’s Confirmation" means the high bid amount recognized by ComicConnect at the conclusion of bidding on a Lot that is Subject to Consignor's Confirmation. If (i) the High Bid Subject to Confirmation is confirmed by Consignor, or (ii) Consignor and Buyer agree, in good faith, to some other greater amount, it will be the Hammer Price.
"High Estimate" means an amount that ComicConnect anticipates that a Lot may bring at the high end of a spectrum of possible bids. The High Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.
“Lot” means each individual item or grouping of items exposed for sale at one time by ComicConnect.
"Low Estimate" means an amount that ComicConnect anticipates that a Lot may bring at the low end of a spectrum of possible bids. The Low Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.
“Make an Offer Feature” is a feature that, if available with respect to a specific Lot, allows YOU to tender an offer for immediate purchase of such Lot.
“No Sale” occurs if bidding opens on a Lot, but the Lot is not sold because ComicConnect passes the Lot or declares a No Sale.
“Online Auction Platform” means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions.
“Online Auction Platform Provider” means the provider of an Online Auction Platform and related services.
"Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which online bids may be tendered.
“Private Sale” means an event in which Property is sold by Consignor, or on Consignor’s behalf, other than at the Auction (including a sale at an auction conducted by a person or entity other than ComicConnect).
“Private Sale Price” means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms-length transaction, and in good faith, between Consignor and the purchaser of the Property. If the Property is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Consignor, the Private Sale Price will be an amount equal to the fair market value of the Property in an arms-length transaction.
“Registration” means the registration of a Bidder to participate in the Auction (either online, or onsite, or both), including the information provided by a Bidder, and the Bidder’s to be bound by these Terms and Conditions.
“Registration Deposit” means, if required by ComicConnect, the deposit made by a Bidder to register for the Auction. ComicConnect may require that the Registration Deposit be made in certified funds or in such other form as determined by ComicConnect in ComicConnect’s discretion.
“Reserve” or “With Reserve” means that property may be withdrawn by ComicConnect and/or bids may be rejected by ComicConnect prior to the Fall of the Hammer. While Lots exposed for sale With Reserve may be subject to a Reserve Price, a Reserve Price is not necessary for a Reserve Auction. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY ComicConnect IN WRITING, ALL LOTS ARE BEING EXPOSED FOR SALE WITH RESERVE.
“Reserve Price” means the minimum price that Consignor is willing to accept for a specific Lot. If a Lot is subject to a Reserve Price, the Lot will not be sold unless the Reserve Price is met or waived.
“Subject to Consignor's Confirmation” means, with respect to any Lot expressly identified as being sold Subject to Consignor’s Confirmation, that after the High Bid Subject to Consignor’s Confirmation has been received and acknowledged by ComicConnect, Consignor may determine, in Consignor's sole and absolute discretion, to (i) accept such bid, (ii) reject such bid, or (iii) negotiate a higher price.
"Terms and Conditions" means these Terms and Conditions.
“User Account” the online account identified to a Bidder by ComicConnect or by an Online Auction Platform Provider on Bidder’s Registration. (See, also, Bidder Number).
“Winning Bid” means the highest bid received and accepted (and if Subject to Consignor’s Confirmation, confirmed by Consignor)
"Winning Bidder" means, as the case may be, (i) the Bidder who is recognized by ComicConnect as having made the Winning Bid, or (ii) the buyer through the Make an Offer Feature.
“Withdrawn,” “Withdrawal,” or “Withdraw” refers to the circumstance in which a Lot is removed or withdrawn from the Auction, or in which it is determined that such Lot will not be offered or sold at the Auction.
“Without Reserve” means Absolute. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY ComicConnect IN WRITING, NO LOT IS BEING EXPOSED FOR SALE AT ABSOLUTE AUCTION OR WITHOUT RESERVE.
3. Auction and Transactions Conducted in the State of New York. Unless expressly stated otherwise in writing, all Auctions conducted by ComicConnect, and all transactions facilitated by ComicConnect, occur in the State of New York. All Lots are offered for sale in the State of New York and will be sold and delivered in the State of New York. Notwithstanding YOUR physical location, these Terms and Conditions are entered into in the State of New York, all bids, offers, and payments are received in the State of New York, and all contracts are formed and entered in the State of New York, and all Lots will be delivered in the State of New York.
4. Registration; Qualification. YOU are required to register to bid at the Auction or to otherwise access and use ComicConnect’s website. ComicConnect may require satisfactory credit references or a Registration Deposit for YOU to register and/or bid at the Auction. ComicConnect may also require that YOU provide a valid credit card to be approved for bidding; and ComicConnect may make a nominal charge or place a temporary hold against YOUR credit card for verification purposes. ComicConnect may establish such other Registration requirements and Bidder qualifications as ComicConnect determines to be reasonably necessary or appropriate. YOU must provide such information (including identifying information and qualifications) as requested by ComicConnect. ComicConnect may refuse to accept a Registration from YOU or any other potential Bidder, may refuse to grant bidding privileges to YOU or to any potential Bidder, and may suspend or revoke YOUR bidding privileges or those of any other Bidder at any time. By registering to bid, YOU represent to ComicConnect that, if YOU are a natural person, YOU are at least eighteen (18) years of age, and that YOU are otherwise legally able to enter into a contract. Each entity (i.e., corporation, limited liability company, or other organization) registering to bid represents that it has the power and authority to register, to bid, and to complete the purchase transaction if it is the Winning Bidder. If bids are tendered by or on behalf of an entity, the entity and any individual tendering the bid(s) will be jointly and severally liable on account of the bid(s). If bids are tendered by an agent or representative of a principal (whether the principal is disclosed or not), the principal and the individual tendering the bid(s) will be jointly and severally liable on account of the bid(s). YOU acknowledge and agree that YOU have read, understand, and agree to be bound by, these Terms and Conditions, all other terms and conditions posted at the Auction Site or on the ComicConnect website(s), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by ComicConnect. ComicConnect reserves the right to change the format of its website at any time. ComicConnect may, in ComicConnect’s sole and absolute discretion, receive bids from persons or entities that have not registered to bid and/or have not satisfied all requirements for Registration, and, by bidding, such person or entity will be bound by all other provisions of Terms and Conditions, any and all other terms and conditions published by ComicConnect (including those posted at the Auction Site or on ComicConnect’s website(s), or otherwise), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by ComicConnect. QUALIFICATION PROVISIONS ARE INTENDED FOR THE BENEFIT OF ComicConnect AND ITS CONSIGNOR(S) AND CREATE NO RIGHTS OR INTERESTS IN ANY OTHER PERSONS, INCLUDING COMPETING BIDDERS OR OTHER POTENTIAL BUYER’S. ComicConnect AND/OR ANY CONSIGNOR MAY (BUT WILL NOT BE REQUIRED TO) WAIVE ANY QUALIFICATION REQUIREMENTS, EITHER GLOBALLY OR ON A CASE-BY-CASE BASIS.
5. Access to Auction Site and/or Online Auction Platform(s); Assumption of Risk; Limitation of Liability. YOU assume all risks in connection with YOUR participation, or attempted participation, in the Auction, including, without being limited to, risks arising from or associated with: (i) YOUR presence at the Auction Site; (ii) YOUR use of any Online Auction Platform(s) utilized by ComicConnect; (iii) the removal, transport, or use of any Lot(s); and/or (iv) any harm, injury, or damage to YOU or YOUR property resulting from acts other than those caused exclusively by ComicConnect’s gross negligence or intentional misconduct. No person will have any claim against ComicConnect and/or Consignor, or their respective agents or employees, for any injuries sustained or for damages to or loss of property that may occur at the Auction Site and/or arising from use of ComicConnect’s website, and/or arising from the use of any Online Auction Platform(s) utilized by ComicConnect. Neither ComicConnect nor Consignor will be liable for any damages of any type or nature sustained or claimed by YOU or by any other person or entity in connection with, or in any way related to, the Auction. YOU waive any and all claims and/or causes of against ComicConnect arising in connection with, or in any way related to, (i) YOUR presence at the Auction Site; (ii) YOUR use of any Online Auction Platform(s) utilized by ComicConnect; (iii) removal, transport, or use of any Lot(s); and/or (iv) any harm, injury, or damage to YOU or YOUR property resulting from acts other than those caused exclusively by ComicConnect’s gross negligence or intentional misconduct.
6. Restrictions on Use. YOU agree that YOU will not use ComicConnect if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from ComicConnect. YOU further agree that YOU will not:
(i) circumvent or manipulate ComicConnect’s fee structure, records, billing processes, or amounts owed to ComicConnect;
(ii) distribute or post spam, chain letters, or pyramid schemes.
(iii) distribute viruses or any other technologies that may harm ComicConnect, its interests or properties, or the interests or properties of ComicConnect users.
(iv) post content or items in an inappropriate category or areas on ComicConnect;
(v) violate any laws, third-party rights, or ComicConnect policies.
(vi) fail to deliver to ComicConnect items purchased from you.
(vii) manipulate the price of any Lot or interfere with the listings of Lot(s) of any other user(s).
(viii) post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
(ix) use any robot, spider, scraper, or other automated means to access ComicConnect, or any stored information, for any purposes whatsoever without ComicConnect’s express written permission.
(x) take any action that imposes or may, in ComicConnect’s judgment, impose an unreasonable or disproportionately large load on ComicConnect’s infrastructure and/or any Online Auction Platform(s) utilized by ComicConnect.
(xi) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from ComicConnect without the prior expressed written permission of ComicConnect and any appropriate third-party, as applicable.
(xii) interfere or attempt to interfere with the proper working of ComicConnect, any activities conducted by ComicConnect; and/or any Online Auction Platform(s) utilized by ComicConnect.
7. Changes and Corrections. ComicConnect reserves the right to make changes and corrections to any of the content available at its website and/or any Online Auction Platform(s), at any time and from time to time, without notification. ComicConnect does not guarantee the accuracy of any information available, and disclaims all liability for any inaccuracy, omission, or error. ComicConnect reserves the right to deny access to its website and/or any Online Auction Platform(s) without explanation or reason.
8. Nature of the Auction. UNLESS EXPRESSLY STATED OTHERWISE, IN WRITING, AUCTIONS CONDUCTED BY ComicConnect ARE WITH RESERVE. ComicConnect may Withdraw any Lot prior to the Fall of the Hammer on such Lot, even if bids have been tendered and/or recognized for the Lot. In addition to being With Reserve, certain specific Lots may, if identified as such by ComicConnect, be exposed for sale Subject to Consignor’s Confirmation, which means that after the High Bid Subject to Consignor’s Confirmation has been received and acknowledged by ComicConnect, the Consignor may, in the Consignor’s sole and absolute discretion, accept or reject the final bid on such Lot(s).
9. Listed Lots. The Lots listed in ComicConnect’s Catalogue are being exposed for sale by ComicConnect for itself and/or as agent for various owners or Consignors.
10. Estimates. ComicConnect may, but is not required to, suggest Estimates for Lots included in the Auction, including High Estimates and Low Estimates. High Estimates and Low Estimates are merely indications of a range of possible bids based on the nature of the Lot(s) and comparable sales. Estimates are not appraisals or valuations, and may not be used, or relied on, as such. Estimates are in U.S. dollars. ComicConnect does not warrant or guarantee that any Estimate is reflective of the price that a Lot will bring at the Auction or in a subsequent sale. YOU acknowledge and agree that YOU are not relying on any Estimates as an inducement to bid on any Lot, or for any other purposes. Absent ComicConnect’s prior written consent, YOU may not use ComicConnect’s Estimates to indicate value to any subsequent purchaser or prospective purchaser.
11. Bidding; Make and Offer Feature. By completing a Registration, YOU will be afforded the opportunity to (i) tender bids at the Auction, and (ii) select the Make an Offer Feature with respect to Lots for which that feature is available.
12.1. Bidding. Bids may be tendered in person at an onsite event, or via Absentee Bid, and may be tendered electronically for Auctions that have an online component. Absentee Bids and online bids may utilize a maximum amount feature through which YOU may identify the maximum bid that you desire. As described elsewhere in these Terms and Conditions, YOUR bid constitutes an irrevocable offer to purchase, and may not be retracted or revoked by YOU. If a bid tendered by YOU is accepted by ComicConnect a valid, binding, and enforceable agreement subject to these Terms and Conditions will be formed between YOU and the Consignor for the purchase and sale of the Lot. ComicConnect’s recognition of a bid tendered by YOU, including the posting of an online bid, does not constitute acceptance. Bids are only accepted by the Fall of the Hammer
13.2. Make an Offer. If the Make an Offer Feature is available for a particular Lot, YOU may tender an offer for the immediate purchase of such Lot. All offers using the Make an Offer Feature expire, and become null and void, after 48 hours unless accepted by the Consignor, and during such 48-hour period, the offer is irrevocable and may not be retracted or revoked by YOU. A Consignor may make a counteroffer, that YOU may accept of reject within 48 hours. If a Consignor makes a counteroffer that is not accepted within 48 hours, the counteroffer will expire and be of no further force and effect. On the Consignor’s acceptance of an offer tendered by YOU, or on YOUR acceptance of a counteroffer tendered by the Consignor, a valid, binding, and enforceable agreement subject to these Terms and Conditions will be formed between YOU and the Consignor for the purchase and sale of the Lot.
14. Absentee Bids; Remote Bidding. In ComicConnect’s discretion, ComicConnect may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). Subject to reserves and minimum opening bids, Absentee Bids may be initiated and advanced in accordance with ComicConnect’s policies and procedures. ComicConnect will make reasonable efforts to execute Absentee Bids, but ComicConnect will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. In the case of identical bids, the earliest bid will, typically, be recognized first. Absentee bids submitted prior to the date of the Auction will, typically, be given priority over floor bids tendered during the Auction. Each Absentee Bidder acknowledges and agrees that a Lot may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its maximum amount would require ComicConnect to accept a bid that is less than a full bidding increment, ComicConnect has the sole and absolute discretion to acknowledge or reject such bid. An Absentee Bidder may authorize ComicConnect to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. ComicConnect acts as the agent of the Consignor only, and the receipt and/or execution of Absentee Bids will not create an agency relationship between ComicConnect and any Absentee Bidder.
15. Buyer's Premium/Buyer’s Fee. Each Lot is subject to a Buyer's Premium that will be calculated as a percentage of the Hammer Price and paid by the Winning Bidder in addition to the Hammer Price. The Buyer’s Premium will be in an amount equal to fifteen percent (15%) of the Hammer Price of the Lot sold. The Buyer’s Premium is earned at the Fall of the Hammer and will not be refunded by ComicConnect. The Buyer's Premium will be added to the Hammer Price to determine the final Contract Price for tax purposes. If YOU are the Winning Bidder on any Lot(s) and YOU default on YOUR obligations as set forth in these Terms and Conditions, or otherwise, there will be no set-off or reduction in the Buyer's Premium even if a Lot is resold. Because the Buyer's Premium is earned with the Fall of the Hammer, ComicConnect has no obligation to mitigate damages with respect to the Buyer's Premium, and YOU acknowledge and agree that mitigation of damages is not possible.
16. Posted Times. Unless stated otherwise, all posted or listed times are intended to reference the local time zone at the Auction Site. Posted closing times and time displays are approximate. ComicConnect reserves the right, in ComicConnect's sole and absolute discretion, to close early, extend, reset, or reopen the Auction (including bidding on any Lot(s)).
17. Online Bidding; Maximum Bids. Online bids may be submitted as a single advancing bid on a Lot, or as a maximum bid on a Lot, and bidding will advance competitively to the next available increment. If YOU submit a single advancing bid on a Lot and YOUR bid is equal to or less than the maximum bid previously submitted by another Bidder on the same Lot, YOU will be outbid. If YOU submit a maximum bid on a Lot and a maximum bid has previously been submitted by another Bidder on the same Lot, bidding will advance to the next highest bid increment after which either YOUR maximum bid or the previously submitted maximum bid has been exhausted, whichever occurs first, and the then-current bid will be shown at that amount. If YOUR bid is shown as the current high bid on a Lot and another Bidder submits a bid (either as a single bid or as a maximum bid), bidding will advance to the next highest bid increment after which either YOUR maximum bid or the maximum bid of the competing Bidder has been exhausted, whichever occurs first, and the then-current bid will be shown at that amount.
18. Technology Disruptions. YOU acknowledge and agree that the Auction is conducted electronically and relies on hardware and software that may malfunction without warning. ComicConnect will not be responsible for, and will suffer no liability for, technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform(s), (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, or (iii) otherwise. ComicConnect may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.
19. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Under no circumstances will ComicConnect be liable for any failure of the Online Auction Platform Provider(s) to perform, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider(s) to perform regardless of whether such obligations are owing, directly or indirectly, to ComicConnect, to YOU, to Consignor, or otherwise.
20. Automatic Extension Feature and Rolling Close of the Bidding. Any Online Bidding Period may include an automatic extension feature. This means that if a bid is entered within a set time period approaching the end of the established Online Bidding Period on a Lot, the Online Bidding Period for the Lot will be automatically extended for an additional period of time in increments established by ComicConnect, and such extensions will continue until there is a set period of time that lapses during which no advancing online bid is received, after which bidding on the Lot will close.
21. Online Disclaimer. THE ONLINE AUCTION PLATFORM(S) AND ComicConnect’S WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ComicConnect MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, (I) THAT THE ONLINE AUCTION PLATFORM(S) OR ANY RELATED WEBSITE OR TECHNOLOGY WILL BE UNINTERRUPTED, ERROR FREE OR VIRUS FREE, (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USING THE ONLINE AUCTION PLATFORM OR ANY RELATED WEBSITE OR TECHNOLOGY, OR (III) AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, OR CURRENT NATURE OF THE ONLINE AUCTION PLATFORM OR ANY RELATED WEBSITE TECHNOLOGY. IF YOU ARE DISSATISFIED WITH THE AUCTION, OR THE NATURE, CHARACTER, OR FUNCTIONALITY OF TECHNOLOGY ASSOCIATED WITH THE AUCTION, YOUR SOLE AND EXCLUSIVE RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR PARTICIPATION IN THE AUCTION. ComicConnect RESERVES THE RIGHT TO TERMINATE YOUR BIDDER REGISTRATION, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE AUCTION, TO IMPOSE LIMITS ON CERTAIN FEATURES OF THE ONLINE AUCTION PLATFORM, AND/OR LIMIT, RESTRICT, OR TERMINATE YOUR ACCESS TO THE ComicConnect’S WEBSITE OR TO THE AUCTION WITHOUT NOTICE.
22. Security of User Account. YOU are responsible for monitoring and maintaining the security of YOUR User Account information. If, at any time, YOU know or suspect that YOUR User Account has been hacked, cloned, compromised, or improperly accessed, YOU must notify ComicConnect, in writing, immediately, and YOU will not be responsible for bids tendered through YOUR User Account after such notice is received by ComicConnect.
23. No Bid Retraction. YOU may not retract a bid that has been acknowledged by ComicConnect or that has been submitted online. YOU acknowledge and agree that ComicConnect is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for ComicConnect to accept YOUR Registration and for YOU to bid at the Auction, YOU agree not to withdraw or to attempt to withdraw any bid tendered by YOU or on YOUR behalf.
24. Responsibility for Bids. YOU are responsible for all bids made using YOUR Bidder Number or YOUR User Account, and if YOU tender a bid that is determined by ComicConnect to be the Winning Bid, or if a Winning Bid is submitted from YOUR computer, or YOUR device, or from YOUR User Account, YOU will be the Buyer. If YOUR Bidder Number is lost, stolen, or misappropriated, or if YOUR User Account has been hacked or compromised YOU should notify ComicConnect immediately. YOU will be liable for all bids tendered using YOUR Bidder Number or User Account prior to giving ComicConnect notice that YOUR Bidder Number was lost, stolen, or misappropriated or that YOUR User Account was hacked or compromised.
25. Conduct of the Auction. ComicConnect will regulate all matters relating to the conduct of the Auction and ComicConnect’s decisions will be final and binding. ComicConnect will determine the lotting of items included in the Auction, and may (but will not be required to) re-lot items or groupings of items. ComicConnect may, in its sole and absolute discretion, determine the opening bid amount. Bid increments are established and controlled by ComicConnect, and may be adjusted or modified, either globally or on a case-by-case basis, in ComicConnect’s sole and absolute discretion. ComicConnect may reject any bid. In its sole and absolute discretion, ComicConnect may establish the order of the Auction, and may vary or modify the order of the Auction. ComicConnect will have control over bidding, and ComicConnect will resolve any and all disputes. ComicConnect may, in ComicConnect’s sole and absolute discretion, reopen the bidding if (i) a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is otherwise being terminated, or (ii) after the Fall of the Hammer or other termination of the bidding ComicConnect is made aware of a bid that was unnoticed prior to the Fall of the Hammer or other termination of the bidding, or (iii) after the Fall of the Hammer or other termination of the bidding ComicConnect is made aware that ComicConnect and a bid assistant or ringman, or multiple bid assistants or ringmen, have acknowledged bids in the same amount bid from different Bidders, or (iv) an online bid, or other bid by a remote Bidder, tendered or attempted to be tendered prior to the Fall of the Hammer goes unrecognized, or (v) some other bid dispute arises. Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Paragraph. If bidding is reopened pursuant to this Paragraph, the bid recognized by ComicConnect prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid. The determination of whether to reopen the bidding is within ComicConnect’s sole and absolute discretion, and ComicConnect is not required to reopen the bidding. ComicConnect will suffer no liability on account of ComicConnect’s determination to reopen the bidding or not. ComicConnect reserves the right, for any reason, in ComicConnect’s sole discretion, to terminate, change or suspend the sale of any Lot or any aspect of any Auction sale. Advertised times for bidding on particular Lots are estimates provided for convenience only, and ComicConnect will have no liability with respect to any Lots sold before or after an advertised time.
26. Bidding by or on Behalf of Consignor. Each Consignor reserves the right to bid at the Auction, either directly or indirectly. A Consignor, or those acting on a Consignor's behalf, may bid on any Lot(s) except for Lot(s) expressly identified, in writing, as being exposed for sale at an Absolute Auction that is not a forced sale. ComicConnect may execute bids on Consignor’s behalf against any Lot(s) exposed for sale With Reserve, and there is no requirement that any specific bid executed on Consignor’s behalf be identified as such or that such bids will be tendered under any single Bidder Number or User Account.
27. ComicConnect as a Potentially Interested Party. ComicConnect may lend or advance money to Consignors and may have an interest other than its Commission and Buyer’s Premium in any Lot. Affiliates, subsidiaries, related entities, members, employees, and independent contractors of ComicConnect may bid at the Auction on their own behalf and for their own account. Any bidding by affiliates, subsidiaries, related entities, members, employees, and independent contractors of ComicConnect may be as an “insider” with information not available to the public.
28. Withdrawal of Property by ComicConnect. Unless a specific Lot is, in express written terms, exposed for sale at Absolute Auction, ComicConnect has the right to withdraw any Lot from the Auction prior to the Fall of the Hammer.
29. All Lots Sold “AS IS,” “WHERE IS,” and “WITH ALL FAULTS.” UNLESS EXPRESSLY STATED OTHERWISE, IN WRITING, EACH LOT IS BEING EXPOSED FOR SALE, AND WILL BE SOLD, IN ITS “AS IS – WHERE IS” CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. UNLESS EXPRESSLY STATED OTHERWISE, IN WRITING, NEITHER ComicConnect NOR ANY CONSIGNOR MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF ANY LOT. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY ComicConnect, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY ON, AND HAVE NOT RELIED ON, ANY REPRESENTATION, WARRANTY, OR GUARANTEE MADE BY AUCTIONEER, OR SELLER, OR ANYONE ACTING AS AGENT OF SELLER, ORALLY OR IN WRITING, ABOUT ANY LOT. BY BIDDING, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT ALL LOTS, AND THAT YOU ARE RELYING SOLELY ON, OR THAT YOU HAVE WAIVED, SUCH INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING. IF A PRE-AUCTION INSPECTION IS NOT AVAILABLE, YOU ACKNOWLEDGE AND AGREE THAT (i) YOU ARE KNOWINGLY AND WILLING BIDDING WITHOUT A PRE-AUCTION INSPECTION, (ii) YOU ARE NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES BY AUCTIONEER OR SELLER, AND (iii) YOU ARE ASSUMING ANY AND ALL RISKS ASSOCIATED WITH YOUR PURCHASE OF THE LOT(S) WITHOUT A PRE-AUCTION INSPECTION. THIS “AS IS” DISCLAIMER APPLIES PRE-AUCTION, POST-AUCTION, AND DURING THE AUCTION.
30. Inspection; Photographs and Images; Due Diligence. By bidding, YOU acknowledge and agree that YOU have had a full and fair opportunity to inspect the Lot(s), and that YOU are relying solely on YOUR inspection and investigation, or that YOU have waived inspection and investigation, and that YOU have not relied on any statement, representation, warranty, or guarantee made by ComicConnect, or by any Consignor, or by anyone acting as an agent or representative of a Consignor; provided, however, that if a pre-Auction inspection is not available, YOU acknowledge and agree that (i) YOU are knowingly and willing bidding without a pre-Auction inspection, (ii) YOU are not relying on any representations or warranties by ComicConnect or any Consignor, and (iii) YOU are assuming any and all risks associated with YOUR purchase of the Lot(s) without a pre-Auction inspection. YOU, further, acknowledge and agree that any photographs or other images of Lot(s) are adequate for YOUR purposes. YOU, further, acknowledge and agree that YOU have had a full and fair opportunity to ask questions and to conduct any and all due diligence that YOU deem to be necessary or appropriate, and that the responses YOU received, if any, were adequate for YOUR purposes.
31. Description of Lots; Disclaimer of Warranties. UNLESS EXPRESSLY STATED OTHERWISE IN WRITING, ANY DESCRIPTION OF A LOT IS BASED SOLELY ON VISUAL IMPRESSION, AND IS GIVEN SOLELY FOR IDENTIFICATION PURPOSES, AND DOES NOT CREATE ANY WARRANTY, EXPRESSED OR IMPLIED, OR REPRESENTATION BY AUCTIONEER OR ANY CONSIGNOR. UNLESS EXPRESSLY PROVIDED ELSEWHERE IN THESE TERMS AND CONDITIONS, ALL LOTS ARE BEING OFFERED AND SOLD IN THEIR AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE, AND NEITHER ComicConnect NOR ANY CONSIGNER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT BEING LIMITED TO, REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF THE LOT(S), ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY, AND HAVE NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTEE OTHER THAT THOSE EXPRESSLY SET FORTH ELSEWHERE IN THESE TERMS AND CONDITIONS. IF LOTS ARE AVAILABLE FOR PRE-AUCTION INSPECTION, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE LOTS PRIOR TO BIDDING, AND YOU ARE RELYING SOLELY ON, OR YOU HAVE WAIVED, YOUR INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING. IF LOTS ARE NOT AVAILABLE FOR PRE-AUCTION INSPECTION, YOU ACKNOWLEDGE AND AGREE THAT (i) YOU ARE KNOWINGLY AND WILLING BIDDING WITHOUT A PRE-AUCTION INSPECTION, (ii) YOU ARE NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES BY AUCTIONEER OR SELLER, AND (iii) YOU ARE ASSUMING ANY AND ALL RISKS ASSOCIATED WITH YOUR PURCHASE WITHOUT A PRE-AUCTION INSPECTION.
32. Provenance. UNLESS EXPRESSLY STATED OTHERWISE IN WRITING, DESCRIPTIONS OF PROVENANCE ARE BASED ON INFORMATION PROVIDED BY THE CONSIGNOR, AND, WHILE BELIEVED TO BE ACCURATE, ARE NOT GUARANTEED BY ComicConnect. ANY QUESTIONS REGARDING PROVENANCE MUST BE ADDRESSED TO ComicConnect PRIOR TO BIDDING, AND ComicConnect MAY (BUT WILL NOT BE REQUIRED TO) REFER YOU TO THE CONSIGNOR OF THE LOT. BY BIDDING ON A LOT YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CONDUCTED YOUR OWN DUE DILIGENCE, AND BASED ON YOUR OWN INVESTIGATION, YOU ARE SATISFIED WITH THE HISTORY AND PROVENANCE OF THE LOT. ComicConnect IS NOT REQUIRED TO DISCLOSE ANY CONSIGNOR’S IDENTITY IN CONNECTION WITH THE AUCTION. ABSENT ComicConnect’s PRIOR WRITTEN CONSENT YOU MAY NOT INCLUDE THE AUCTION CATALOGUE, ANY LOT DESCRIPTIONS, OR ANY REFERENCE TO ComicConnect OR TO THE AUCTION AS PART OF THE PROVENANCE IN CONNECTION WITH ANY SUBSEQUENT SALE OF ANY LOT, AND, WITH RESPECT THERETO, YOU AGREE TO INDEMNIFY ComicConnect AND HOLD ComicConnect HARMLESS FROM AND AGAINST ANY LIABILITIES, CLAIMS, LOSSES, CAUSES OF ACTION OR EXPENSES OF ANY KIND ARISING FROM A SUBSEQUENT SALE OF ANY LOT.
33. Winning Bidders Subject to Certification by ComicConnect. The final determination of the Winning Bidder will be made by ComicConnect. Any notification to an online Bidder by email or electronic message (whether generated manually or automatically) is subject to certification by ComicConnect. Any dispute regarding the identity of the Winning Bidder on a Lot will be resolved by ComicConnect, and ComicConnect may reopen the Bidding. ComicConnect’s determination of the Winning Bidder on any Lot will be final and conclusive.
34. Winning Bid; Buyer. Unless provided otherwise in these Terms and Conditions, the Bidder making the Winning Bid for any Lot, as finally certified by ComicConnect, will be the Buyer of such Lot.
35. Contract of Sale for Personal Property. No additional or further writing will be required to evidence the existence of a contract of sale for any Lot sold at the Auction regardless of the Contract Price, and YOUR Registration (if any), these Terms and Conditions, ComicConnect’s clerking sheets, and any other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence of the purchase and sale contract between YOU and the Consignor, as well as the terms of the sale. These Terms and Conditions will be incorporated into and made a part of the contract between each Buyer and the Consignor. ComicConnect may require YOU to sign a memorandum memorializing the sale, but the absence of any such memorandum will not affect the sale or the contract of sale. It is understood that Section 2-338(2) of the Uniform Commercial Code as adopted in the State of New York (N.Y. U.C.C. Law § 2-328(2)), or elsewhere, recognizes, as a matter of law, that the contract for the sale of personal property at Auction is formed with the Fall of the Hammer. For Auctions conducted in the State of New York, the decision of the New York Court of Appeals in William J. Jenack Estate Appraisers and Auctioneers, Inc. v. Rabizadeh, 982 N.Y.S.2d 813, 22 N.Y.3d 470, 5 N.E.3d 976 (2013), provides that the disclosure of ComicConnect’s name as the agent for a seller whose name is not disclosed is sufficient for the purposes of New York General Obligations Law § 5-701(a), related to the materials necessary to satisfy the requirements of the Statute of Frauds.
36. Effect of the Fall of the Hammer; Passage of Title Only on Payment. If YOU are certified as the Winning Bidder on a Lot, YOU will be contractually obligated to pay the Contract Price; however, title and ownership of the Lot will not pass from the Consignor to YOU until payment is made and clears.
37. Finality of Sale. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS AND CONDITIONS, ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
38. Limitation of Liability. ComicConnect is not responsible for the actions of any Consignor or third-party, including Bidders or Buyers, taken before, during, and after the Auction. ComicConnect will not be held liable for typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, at the Auction Site, or otherwise related to the Auction.
39. Announcements. Subject to the limitation set forth in these Terms and Conditions, all terms and conditions and other announcements made by ComicConnect on the day of the Auction are binding and take precedence over any advertisements or listings.
40. ComicConnect’s Records Conclusive. Absent clerical errors, ComicConnect’s records will be final and conclusive.
41. Payment. All payments are in U.S. Dollars. ComicConnect accepts Visa, Master Card, Discover, AMEX, PayPal, checks, money orders, ACH, and wire transfers. ComicConnect does not accept credit cards or PayPal for orders or cumulative outstanding balances of more than $2,500. Comic Connect does not cannot accept checks from non-U.S. banks. All credit cards are subjected to ComicConnect’s merchant processor's verification system. If our merchant processor is unable to verify the information YOU have provided with your credit card issuing bank, ComicConnect may require additional verification of YOUR identity and banking information. If ComicConnect is unable to verify ownership of your credit card, payment must be made in cash, ACH transfer, wire transfer, verified money order, or approved check. For credit card verification YOU must enter YOUR billing address exactly as it appears on YOUR credit card statement. Failure to provide YOUR billing address exactly as it appears on YOUR credit card statement may cause YOUR transaction to be rejected. ComicConnect cannot ship to an address that is not the billing address on file with YOUR credit card company. If YOU are paying by PayPal, ComicConnect cannot ship to an unverified address. A three percent (3.0%) surcharge will be added to the charge for all transactions in which YOUR payment is tendered through a fee-bearing payment type such as credit card or PayPal. Payment by cash, check, money order, ACH, or wire transfer will not incur a surcharge. YOUR invoice number must be included in the memo field of approved checks and money orders. Approved checks and money orders are to be made payable to ComicConnect, Corp., 36 W. 37 St., 6th Floor, New York, NY 10018. Payment must be received by ComicConnect within 7 days of purchase or the closing of the Lot(s) at Auction, as applicable.
42. Failure to Pay. If YOU fail to pay for YOUR purchase(s) within seven (7) days after the Auction, or if payment fails to clear or is reversed, YOU will be deemed to have abandoned any interest in the Lot(s), but YOU will remain liable for payment of the Contract Price. Unpaid Lot(s) may be retained by Consignor, sold at a subsequent Auction, or otherwise sold or disposed of. If unpaid Lot(s) are sold at a subsequent Auction, or otherwise, YOU will be liable for any shortfall or deficiency on the subsequent sale, the Buyer’s Premium, and the costs incurred in connection with the subsequent sale. Under no circumstances will YOU be entitled to any surplus from the subsequent sale of any unpaid Lot(s). ComicConnect and/or Consignor may, at any time, commence a lawsuit against YOU for the Contract Price of any unpaid Lot(s) and/or for any deficiency realized on the subsequent sale of such Lot(s). Subject to applicable law, beginning seventy-two (72) hours after the close of the Auction, and continuing until the removal or other disposition of any Lot(s), a storage charge in the amount of twenty-five Dollars ($25) per Lot per day will accrue, and ComicConnect will have a possessory lien against such Lot(s) that may be executed on in order to satisfy such storage charges. In addition to the foregoing, if YOU fail to pay for any Lot(s) with respect to which YOU are the Winning Bidder, YOU may be precluded from any and all future Auctions conducted by ComicConnect, and YOUR failure to make payment may be reflected on YOUR profile with the Online Auction Platform Provider(s) utilized by ComicConnect, or otherwise truthfully disclosed to others by ComicConnect, whether through social media, or otherwise. On its own behalf, and on behalf of its Consignors, ComicConnect may use any collection mechanisms (including, without being limited to charging other payment methods on file with us, retaining collection agencies and legal counsel) to collect any amounts owed by YOU, and YOU will be responsible for the payment of all collection-related costs, expenses, and attorneys’ fees.
43. Possession, and Risk of Loss. Possession and risk of Loss will pass, as follows:
(i) If YOU are physically present at the Auction Site and YOU are the Winning Bidder on a Lot, possession and risk of loss will pass to YOU with the Fall of the Hammer, even if YOU have not yet paid for the Lot, and YOU will be solely responsible for safeguarding and protecting all such Lots.
(ii) If YOU are a remote or online Bidder, not physically present at the Auction Site, possession and risk of loss will pass to YOU when the Lot(s) on which YOU are the Winning Bidder are (i) picked-up at the Auction Site by YOU or on YOUR behalf, or (ii) delivered to a carrier (whether USPS, UPS, FedEx, DHL, or other) at the Auction Site or at the carrier’s location in the State of New York.
44. Calculation of Sales Tax; Sales Tax Disputes. Unless otherwise directed by the appropriate taxing authority, sales tax will be calculated, and collected, based on the Contract Price, which includes the Hammer Price plus the Buyer’s Premium. If (i) YOU believe that YOUR purchase is subject to a sales tax exemption that is not recognized by ComicConnect, or (ii) YOU believe that the Buyer’s Premium portion of the Contract Price should not be subject to sales tax, or (iii) YOU otherwise dispute the sales tax, YOU should address YOUR dispute to the appropriate taxing authority and seek a refund from the appropriate taxing authority to the extent that the same may be available to YOU.
45. Delivery; Sales Tax. All Lots purchased by YOU will be delivered to YOU at the physical location of such Lot(s) at the close of the Auction which will be either (i) the Auction Site, (ii) such other location inside the State of New York as indicated in the specific Auction listing, or (iii) as otherwise designated by ComicConnect. ComicConnect has no obligation to move or relocate any Lot(s) to YOUR location or to a location designated by YOU. YOU may designate, appoint, and empower an agent to accept delivery of YOUR purchases at the point of sale within the State of New York, and to arrange for shipment of YOUR property to a location designated by YOU. Unless an exemption applies, all purchases are subject to sales tax in the jurisdiction where delivery occurs as set forth in the specific Auction listing and these Terms and Conditions. Sales tax will be collected at the point of sale as set forth in the specific Auction listing and these Terms and Conditions and will be remitted to the applicable taxing authorities. The foregoing notwithstanding, if another jurisdiction or taxing authority (including, without being limited to, the jurisdiction in which YOU reside, conduct business, or will maintain the Lot(s) purchased by YOU) requires the collection and remittance of sales tax, use tax, or a similar tax, YOU will be responsible for payment of an amount equal to such tax. If it is determined that sales tax is collected and paid to the wrong taxing authority, YOU and ComicConnect will cooperate in efforts to obtain a refund of such tax and its remittance to the proper taxing authority. The foregoing notwithstanding, if ComicConnect determines that it is necessary to collect and remit sales tax, use tax, or other similar tax, to any taxing authority other than taxing authorities in the State of New York, YOU will be responsible for all such taxes.
46. Shipping Policy. Lots will ordinarily be shipped within 3 weeks after ComicConnect receives YOUR payment, and the payment clears. ComicConnect does not store consigned Lots at its premises during the period they are listed for sale or Auction. Immediately on your agreement to purchase a Lot, the Consignor will be contacted by ComicConnect and instructed to ship the Lot to ComicConnect within 7 days. ComicConnect will, then, review and process the Lot(s) purchased by YOU and ship YOUR order. YOUR shipping and handling charges will be determined based on the weight, insured value, and shipping destination. YOU must advise ComicConnect, in writing, of any special requests or special delivery instructions. FedEx is ComicConnect’s preferred shipper, however, USPS options are available. Orders valued over $400.00 will require an adult signature on delivery. ComicConnect will not be liable for any loss caused by, or resulting from, seizure or destruction under quarantine or Customs regulation, or confiscation by order of any Government or public authority. On shipment of YOUR order a notification will be sent to YOUR email on file. Any request for shipping verification, or filing a claim for an undelivered package, must be made within 30 days of shipment. All Lots will be shipped via a shipment contract free on board at ComicConnect’s location in New York, New York or at the Auction Site in the State of New York, as the case may be. Possession and risk of loss will pass to YOU at the point of shipment in the State of New York. YOU are responsible for ensuring all Lots purchased by YOU. As of the time payment is made, YOU are responsible for safeguarding and protecting each Lot purchased by YOU. Removal of all Lots purchased by YOU will be at YOUR expense, risk, and liability. YOU must notify ComicConnect in writing, and in advance, if YOU or YOUR agent(s) will pick-up YOUR purchases. If any Lot is not available for delivery or pick-up the Contract Price will be returned to YOU; provided, however, that, if the unavailability of the Lot(s) results, in whole or in part, from YOUR acts or omissions, no refund will be provided. If you have any questions or concerns about this policy, please feel free to e-mail ComicConnect at [email protected], or call, toll free, at 888.779.7377 or, if YOU are calling from outside the United States, call 001.212.895.3999.
47. Customs, Duties, Import/export Requirements. It is YOUR responsibility to comply with any and all customs and import/export laws or requirements. Without limiting the generality of the foregoing, any import/export duties or taxes (including VAT) are YOUR sole and exclusive responsibility.
48. Failure Pick-up or Arrange for the Delivery; Abandoned Property; Storage. If YOU are certified as the Winning Bidder on one or more Lots, and, after paying the Contract Price for such Lot(s), YOU fail to pick-up or remove such Lot(s) within thirty (30) days after the Auction, YOU will be deemed to have abandoned such Lot(s), and any interest therein, to ComicConnect, and YOU will give up any and all rights with respect to such Lot(s). Lots that have been abandoned to ComicConnect may be retained by ComicConnect, sold at a subsequent auction, or otherwise disposed of. YOU will not be entitled to any proceeds from the sale of any abandoned Lot(s). Subject to applicable law, beginning ten (10) days after the Auction, and continuing until the removal or other disposition of any Lot(s) not been picked-up or removed, a storage charge in the amount of twenty-five Dollars ($25) per Lot will accrue on a daily basis, and ComicConnect will have a possessory lien against such Lot(s) that may be executed on in order to satisfy such storage charges.
49. Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of $25. In addition to the foregoing, ComicConnect will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys’ fees, for the collection of payments made in the form of a check that has been returned unpaid.
50. No Stop Payment Orders or Credit Card Chargebacks. YOU agree that YOU will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases at the Auction. YOU further agree that if, in violation of these Terms and Conditions, a stop payment order is issued or a credit card chargeback is initiated, these Terms and Conditions will be conclusive evidence of YOUR (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and YOU acknowledge and agree that on ComicConnect’s presentation of these Terms and Conditions to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or reverse or deny any credit card chargeback, and will re-credit all amounts to or for the account of ComicConnect. If, in violation of these Terms and Conditions, YOU issue a stop payment order or initiate a credit card chargeback, YOU will remain liable for all purchases made at the Auction, and YOU will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of ComicConnect and/or Consignor in challenging the stop payment order or credit card chargeback and/or in collecting payment. YOU acknowledge and agree that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number or User Account to YOU and is being made as an inducement for ComicConnect to accept YOUR Registration, to issue a Bidder Number or User Account to YOU, and to permit YOU to bid at the Auction. YOU acknowledge and agree that ComicConnect is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting YOUR Registration and in permitting YOU to bid at the Auction.
51. Claims. After a Lot has been removed from the Auction Site by YOU, or on YOUR behalf (including, without being limited to shipped Lots) and/or after the date posted by ComicConnect (regardless of whether the Lot has been removed from the Auction Site), no claims, returns, adjustments, or rescissions will be allowed for any reason, including, without being limited to, any alleged failure of a Lot to correspond with any standard and/or expectation.
52. Bidder/Buyer Remedies; No Incidental or Consequential Damages; Bidder/Buyer Not Entitled to Specific Performance. Notwithstanding any other provisions of these Terms and Conditions, or applicable law, to the extent that YOU may be entitled to remedies, the sole and exclusive remedy available to YOU is a return of monies actually paid by YOU, without interest. Under no circumstances will ComicConnect or any Consignor be liable for incidental or consequential damages, including, without being limited to, lost profits or reduced productivity. YOU acknowledge and agree that YOU are not entitled to specific performance or other equitable relief. YOU waive, and agree not to pursue, exemplary or punitive damages. The maximum liability ComicConnect and its Consignor(s) is the amount of money received from YOU in payment for your purchase(s).
53. ComicConnect and Consignor Remedies. If YOU breach YOUR obligations under these Terms and Conditions or under a contract of sale with any Consignor, ComicConnect and/or the Consignor may exercise any and all remedies available under these Terms and Conditions, and at law or equity, including, without being limited to the subsequent of the Lot(s) with YOU being responsible for any and all damages, including any deficiency or reduction in the Contract Price, along with incidental damages. ComicConnect and/or the Consignor may commence litigation against YOU. All rights and remedies will be cumulative and concurrent and may be pursued singly, successively or together.
54. YOUR Rights Are Personal to You. All rights granted by ComicConnect or otherwise available to YOU, under these Auction Terms or otherwise, are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise. No third-party may rely on any benefit or right conferred by these Auction Terms. Bidders acting as agents must disclose the agency in writing to ComicConnect prior to the auction; otherwise, rights are limited to the agent and are not transferable to the undisclosed principal.
55. Subsequent Purchasers; No Downstream Liability. There is no privity of contract, by virtue of these Terms and Conditions, between ComicConnect and any person or entity that subsequently purchases any Lot(s) from a successful Bidder. No subsequent purchaser may rely on any statements by ComicConnect in connection with or in any way related to the Auction, whether oral or written, or any representations or warranties attributed to ComicConnect, unless expressly agreed to by ComicConnect in writing. Under no circumstances may YOU attribute representations, warranties, or guarantees to ComicConnect without ComicConnect’s prior written consent. ComicConnect will have no downstream liability to subsequent purchasers claiming to have relied on statements, representations, warranties, or guarantees attributed to ComicConnect. YOU agree to indemnify ComicConnect and ComicConnect harmless from and against any and all claims made, or damages suffered by, subsequent purchasers of Auction Lots.
56. Indemnification. YOU agree to indemnify and hold ComicConnect and Consignor harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property. Without limiting the generality of the foregoing sentence, YOU accept responsibility for, and agree to indemnify, defend and hold harmless Consignor and ComicConnect, and each of them, and their respective employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, attorneys, and representatives, from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with YOUR participation in the Auction, including, without being limited to, personal injuries, property damage, or financial loss, incurred by YOU or any other person or entity at the including, without being limited to, access to or use of any Online Auction Platform, access to or presence at the Auction Site, and/or removal, transport, use, or subsequent sale of any Lot(s).
57. Private Sale. YOU agree not to enter, or to agree to enter, a Private Sale for the purchase of any Lot(s) included, or scheduled to be included in, the Auction, prior to or during the Auction. If YOU purchase any Lot(s) included in, or scheduled to be included in, the Auction in a Private Sale prior to, or during, or within thirty (30) days after the Auction, ComicConnect will be entitled to receive an amount equal to ComicConnect’s full Commission and Buyer’s Premium, and YOU and Consignor will be jointly and severally responsible for the payment of such amount.
58. Agency. ComicConnect acts an agent for its Consignors(s) and affiliates. ComicConnect is not YOUR agent, and does not represent YOU. YOUR submission of a Absentee Bid, a maximum bid online, or any other remote bid, will not create, and will not be deemed to create, an agency relationship between ComicConnect and YOU.
59. Mailing List. ComicConnect may use Registration information to notify previously registered Bidders (by email or otherwise) about future Auctions and events. YOU may opt out of receiving such notifications by providing written notice to ComicConnect.
60. Audio and Video Recording; Photographs. The Auction Site may be subject to security surveillance, including video, audio, and photographic recording. Video, audio, and photographic recording may also be taken by ComicConnect and used on ComicConnect’s website, or, otherwise, in advertising and/or for other commercial purposes. As a condition to, and in consideration of, YOUR presence at the Auction Site, YOU acknowledge and agree that such video, audio, and photographic recordings may be made, and that YOU may be included on such video, audio, and photographic recordings, and YOU consent to the same. YOU further agree that ComicConnect may use any such images or recordings in advertising and/or for other commercial purposes on a royalty-free basis with no further consideration or remuneration to YOU.
61. Publication of Prices Realized. Prices realized on Lots sold at the Auction may be published by ComicConnect and may also be posted on ComicConnect’s website.
62. Governing Law; These Terms and Conditions, and all purchases and sales between a Consignor and a Buyer, will be governed by and construed in accordance with the laws of the State of New York, including its statutes of limitations, but without regard to its rules governing conflict of laws. Without limiting the generality of the foregoing, Article 2 of the Uniform Commercial Code as adopted in the State of New York (N.Y. U.C.C. Law § 2101 et seq.) will govern all purchase and sale transactions related to or arising from the Auction. YOU acknowledge and agree that unless expressly stated otherwise in writing, no laws affecting the sale of goods other than the laws of the State of New York will apply to any purchase and sale transaction resulting from, or arising from, the Auction.
63. Jurisdiction; Venue. All actions, claims, disputes, and controversies arising out of or in relation to any bids, purchases, failed purchases, sales or failed sales, commissions, descriptions, conditions, issues of authenticity, warranties or other disputes, whether asserted in contract, tort, under federal or state statute or regulation, or any other action or claim (collectively, the "Claim") must be submitted and exclusively heard by and presented in a confidential binding arbitration before a single arbitrator administrated by and conducted under the rules of, the American Arbitration Association. The locale for all such arbitrations will be New York, New York, USA. The arbitrator's award may be enforced in any court of competent jurisdiction. If any Claim needs to be litigated, including actions to compel arbitration, construe the agreement, actions in aid of arbitration, or otherwise, such litigation shall be exclusively in the state courts of the State of New York sitting in Manhattan or in the United States District Court for the Southern District of New York, and, if necessary, the corresponding appellate courts. YOU waive any and all objections to jurisdiction and/or venue as described herein whether based on the grounds of an inconvenient forum or otherwise.
64. Waiver of Jury Trial and Class Action. By participating in any Auction, sale, or purchase transaction with ComicConnect, YOU EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY or to participate in a class action against ComicConnect. ComicConnect will have no obligation or duty to participate in any mediation or other settlement discussions.
65. Attorneys’ Fees, Costs, and Expenses. The prevailing party (a party that is awarded substantial and material relief on its damage claim or the successful defense of a Claim, in each case based on the quantum of damages sought versus the award issued) shall be awarded reasonable attorneys’ fees, costs, and costs, and each party shall have the right to ask the tribunal to make such award or determination.
66. Acceptance of Terms and Conditions. YOU acknowledge and agree that YOU have had a full and fair opportunity to review these Terms and Conditions, and that YOU have read these Terms and Conditions, YOU understand these Terms and Conditions, and YOU accept and agree to be bound by these Terms and Conditions.
67. Waiver. Certain Provisions of These Terms and Conditions Are for the Exclusive Benefit of ComicConnect And/or Consignor(s). SUCH PROVISIONS, INCLUDING, WITHOUT BEING LIMITED TO, REGISTRATION AND QUALIFICATION REQUIREMENTS, PAYMENT TERMS, REMOVAL AND DELIVERY TERMS, AND INSPECTION TERMS, DO NOT CREATE, AND WILL NOT BE DEEMED TO CREATE, ANY BENEFITS OR RIGHTS IN FAVOR OF ANY OTHER PERSONS, INCLUDING COMPETING BIDDERS, AND MAY NOT BE ENFORCED BY ANY OTHER PERSONS. EITHER GLOBALLY OR ON A CASE-BY-CASE BASIS ComicConnect AND/OR CONSIGNOR MAY (BUT WILL NOT BE REQUIRED TO) WAIVE ANY PROVISIONS OF THESE TERMS AND CONDITIONS THAT ARE INTENDED FOR THE BENEFIT OF ComicConnect AND/OR CONSIGNOR.