Purchasing Cards and Sealed Product Terms and Conditions
These terms govern when you sell and/or or submit to us for valuation and/or inspection collectable cards or sealed product containing collectable cards (Cards): Simon Dixon trading as Simon Sells Cards as “our”, “we”, “us”, or “Buyer” along with your use of our website (Website) to facilitate the same and you agree to be bound by this agreement which forms a binding contractual arrangement.
Our Purchase Process
We purchase genuine collectable cards from legitimate Sellers and our purchase process involves:
· you submitting a request to sell your Cards via our Website contact form (Contact Form) or email,
· an initial valuation (Initial Offer) which we provide to you on the basis of the information you provide to us about the Cards via the Contact form or by any other means (Request to Sell),
· a physical inspection of the Cards (Inspection),
· a final valuation resulting from the Inspection (Final Offer)
and upon your acceptance of the Final Offer, a binding contract is created- together this forms our Purchase Process.
During the Purchase Process, all title and risk in the Cards sits with you until we make payment of the Final Offer balance to you. We reserve the right to stop the process at any point and withdraw any offer made at our sole discretion, at any point and for any reason.
By offering your Cards for sale to the Buyer and communicating this to us via a Request to Sell or any other means, you represent and warrant that:
(a) you are able to sell the Cards as specified in the Request to Sell;
(b) you are based in the UK and are proposing to sell the cards within the UK;
(c) you are the bonafide owner of the Cards, and they have come into your possession through solely legal means;
(d) the Cards are original bonafide cards, that they are genuine, and are not fakes nor copies and have not been tampered with in any way; and
(e) you will provide the relevant Cards to Buyer in compliance with all applicable laws.
(f) you are an individual, not a company, and you are not VAT registered.
2 BINDING CONTRACT
You agree that when the Buyer makes you a Final Offer and you accept that Final Offer, this constitutes a binding contract between you and the Buyer, where you will provide the Buyer with the Cards in the Request to Sell in exchange for your receipt of the sale balance. A contract is formed in this respect when the Seller responds to the email communication from the Buyer in which the Final Offer is provided, confirming that they accept the Buyer’s offer.
3 REQUEST TO SELL & INITIAL OFFER
You acknowledge and agree that:
(a) you must use your best endeavours to provide as much information as possible in any Card(s) you propose to sell to us through completing the form along with any other documentation via our Website or other means as instructed by the Seller(Request to Sell);
(b) We may choose not to accept and/or respond to any Request to Sell you submit to us and we may limit the number of Requests to Sell you can submit on the Website;
(c) Upon request, you must provide documentation supporting the standard and quality of the Cards, including any images, receipts of purchase and proof of title.
(d) If Buyer responds to your Request to Sell, the response will be in the form of an email to the address nominated by you in the Request to Sell, and will include an Initial Offer. The Initial Offer is an estimate of value, and is not binding. It is at your discretion as to whether you wish to send your Cards for Inspection to us on the basis of the Initial Offer, and you acknowledge and agree that the Final Offer may be higher or lower than the Initial Offer depending upon our Inspection of the Cards.
4 POSTAGE & DELIVERY OF CARDS TO BUYER
(a) Once Buyer has provided Seller with an Initial Offer, if Seller wishes to proceed with the sale of their Cards, Seller must confirm this in writing by return email and provide the relevant Cards to us for physical inspection within 14 days of receipt of the Initial Offer.
(b) Buyer will only purchase cards from Seller if Seller is based within the UK, any postal requirements or costs within the clause 4, relate solely to postal addresses within the UK. For the avoidance of doubt, the Seller must have a physical UK address, PO Boxes will not be accepted.
(c) Seller must ensure that the Cards are packaged appropriately and in compliance with our packaging guidelines accessible by following this link: [Insert link to packaging guidelines] (Packaging Guidelines).
(d) Seller must send the Cards via tracked and signed-for post to the address nominated by the Buyer and must notify the buyer once the Cards have been posted.
(e) Seller is responsible for all postage costs related to sending the Cards to the Buyer where the Initial Offer is below £2000.
(f) Buyer will pay for the postage costs related to sending the Cards to the Buyer where the Initial Offer is £2000 or higher. Clause 7 will apply to any Initial Offer of £3000 or higher.
(g) Seller will ensure that appropriate insurance is in place to cover any loss or damage to the Cards whilst in transit. Under no circumstances will the Buyer be responsible for any loss or damage to Cards that occurs through postage or transit.
5 INSPECTION & FINAL OFFER
(a) Once the Cards have arrived at the address designated by the Buyer (Buyer Address) and the Buyer has signed for the delivery, the Buyer will have 3 business days inspect the Cards to assess whether they are genuine, and in order to arrive at a valuation which will from the Final Offer (the Inspection Period).
(b) Whilst during the Inspection Period, the Cards are in the Buyers physical possession, title and risk in the Cards sits with the Seller.
(c) Seller provides the Cards to the Buyer at their own risk.
(d) The Buyer will use reasonable efforts to ensure that there is no damage or loss caused to the Cards during the Inspection Period, but will have no liability whatsoever to the Seller if such damage or loss does occur by any act or omission of the Buyer.
(e) At its sole discretion, Buyer may provide a Final Offer for Cards as a group and/or individual Cards, where those Cards are each worth £100 or more individually.
(f) The inspection of the Cards will be conducted according to the Buyer’s industry knowledge, experience and discretion along with the card condition guidelines at this link: https://help.cardmarket.com/en/CardCondition
(g) Within 3 working days of the arrival of the Cards at the Buyer Address, the Buyer will email the Seller at the address provided via the Website with the details of the Final Offer (Final Offer Email).
(h) The Seller will have 48 hours from the time the Final Offer Email is sent to accept or reject the Final Offer via reply email. After this time, the Final Offer will become void and the Buyer will return the Cards to the Seller in accordance with clause 6.
6 RETURN OF CARDS TO SELLER
(a) In the event that:
(i) Upon Inspection the Buyer decides to withdraw the Initial Offer for any reason;
(ii) The Seller does not respond to the Final Offer Email within 48 hours under clause 5(h); or
(iii) The Seller decides to reject the Final Offer
The Buyer will return the Cards to the Seller via the same postage method as that which was used to send them to the Buyer and will dispatch them to the Seller within 3 working days of the applicable event.
(b) If clause 5(a) applies:
(i) The Buyer will pay for the related postage costs;
(ii) The Buyer will package the Cards according to the Packaging Guidelines;
(iii) The Buyer will have no liability to the Seller for any damage or loss to the Cards during postage or transit;
(iv) Delivery of the returned Cards can not be refused by the Seller; and
(v) Any offer previously made to the Seller will be null and void.
7 HIGH VALUE CARDS
(a) Where and Initial Offer of £3000 or higher is made for Cards either collectively or individually (High Value Cards), the Buyer may at their discretion, travel to meet with the Seller at a mutually agreed location in order to inspect the cards in person.
(b) The Buyer will make any Final Offer to the Seller for any High Value Cards, in-person. In the event that the Seller accepts the Final Offer, the Buyer will transfer the balance of the Final Offer to the Seller whilst in their presence, and take physical possession of the High Value Cards.
(a) No payment will be made to the Seller until the Buyer accepts the Final Offer in writing and completes a Payment Form.
(b) All payments will be made via bank transfer only.
(c) The Seller will specify in writing, the Bank Account details that the Buyer must use to make payment of the balance of the Final Offer (Designated Account). For the avoidance of doubt, the Buyer will make payment to the Designated Account and shall under no circumstances be liable for the Seller’s supply of incorrect account details or any loss that results from such error.
(d) Once the Buyer receives written acceptance of the Final Offer, written confirmation of the Designated Account and has physical possession of the Cards, the Buyer will make payment of the balance of the Final Offer to the Seller.
9 TITLE AND RISK
(a) Until the Final Offer balance is paid in full, title in the Cards is retained by the Seller.
(b) Risk in the goods will pass on to the Buyer on payment of the balance of the Final Offer to the Seller.
(c) If the Buyer does not pay the Final Offer balance to the Buyer for the Cards, the Buyer authorises the Seller, its employees and agents to enter any premises occupied by the Buyer or any other place where the goods are located and use reasonable force to retake possession of the goods without liability for trespass or damage.
(d) The Seller may at its option keep or resell Cards retaken from the Buyer.
(e) If the Buyer sells the goods or sells items into which the Cards are incorporated before payment in full to the Seller, the Buyer acknowledges that such sale is made by the Buyer as bailee for and on behalf of the Seller, to hold the proceeds of sale on trust for the Seller, in an account in the name of the Seller, and must pay that amount to the Seller on demand.
10 REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
To the maximum extent permitted by law, we will have no liability or obligation to you if:
(a) You submit a request to sell your Cards and we do not respond;
(b) We decide to withdraw any offer to buy your Cards at anytime and for any reason;
(c) Your Cards are damaged while in transit to us or from us to you or while in our possession; and
(d) For whatever reason, including technical faults, you are unable to sell your Cards to us.
and you will not be entitled to any compensation from us.
11 LIABILITY
(a) To the maximum extent permitted by applicable law, Simon Sells Cards limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms, the sale of Cards by you to us or any Products or services provided by Simon Sells Cards, is limited to the greater of:
(i) the total Fees paid to Simon Sells Cards by you in the 3 months preceding the first event giving rise to the relevant liability; and
(ii) £100GBP.
(b) All express or implied representations and warranties in relation to the Cards and the associated services performed by Simon Sells Cards are, to the maximum extent permitted by applicable law, excluded.
(c) (Indemnity) You indemnify Simon Sells Cards and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i) breach of any of these terms;
(ii) submission for inspection and or valuation of Cards by you to us;
(iii) sale of Cards by you to us;
(iv) use of the Website; or
(v) use of any other goods or services provided by Simon Sells Cards.
(d) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Simon Sells Cards be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Website, these terms, submission for inspection and or valuation of Cards by you to us, sale of cards by you to us, or any products or services provided by Simon Sells Cards (except to the extent this liability cannot be excluded under law.
(e) Nothing in these terms or any Order will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
(f) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms or an Order, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.
12 TAX
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Website, and any sale transaction with us. We will not be held accountable in relation to any transactions between you and us where tax related misconduct has occurred.
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
(a) the Website may have errors or defects (or both, as the case may be);
(b) the Website may not be accessible at times;
(c) messages sent through the Website may not be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website may not be secure or confidential; and
(e) any information provided through the Website may not be accurate or true.
The Website may contain text, images, data and other content provided by a third party and displayed on the Website (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
15 SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Website and our services. You should take your own precautions to ensure that the process you employ to access the Website and our services does not expose you to the risk of viruses, malicious computer code or other forms of interference.
16 DISPUTE RESOLUTION
(a) A party claiming that a dispute has arisen under or in connection with these terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
17 THIRD PARTY RIGHTS
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
18 FORCE MAJEURE
(a) If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
(b) Subject to compliance with clause 20(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(c) The Affected Party must use its reasonable endeavours to overcome or remove the Force Majeure Event as quickly as possible.
(d) (d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of the control of the Affected Party;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
19 GENERAL
19.1 GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
19.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
19.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
19.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
19.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
19.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
19.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
19.8 NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
(iii) whichever is earlier.
19.9 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to £, or “pound”, is to pound sterling (GBP), unless otherwise agreed in writing, and a reference to “$” or “dollar” is to USD, unless otherwise agreed in writing;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.