AUCTION TERMS AND CONDITIONS 

1) REGISTRATION:
 All bidders must register to receive a User ID and Password in order to bid online. You can register online by clicking on the "Register" link found on various pages throughout our web site. Once registered, your User ID and Password will be valid for all future Brockelman Auctions. Internet registration is available 24 hours. Any restrictions on the amounts new bidders may bid will be made at the discretion of the auction management. New bidders may be asked to provide credit card information as guarantee of payment.

 

2) BIDDING: Bidding begins immediately upon the launch of the auction on our web site. Online bidding for registered users who have obtained a User ID and Password is available 24 hours. The auction will go into extended bidding on a lot by lot INDIVIDUAL LOT if no further bids are received. As long as bids are received on an individual lot before each 30 minute extension expires that lot will stay open for further bidding. You may use your Max bid feature to keep your position on the lot and/or keep it open until someone tops you. You MUST place a bid on each lot prior to 11:00 p.m. EST on Saturday June 10, 2017 to bid on that lot in extended bidding. Please note that if a lot receives no bids prior to the extended bidding, it will close and not be available to be opened in the extended bidding.  Feel confident in leaving a max bid, if you need to, as NO person at Brockelman Auctions can see your max bid.  

 

3) Reserves and minimum bids- For each item in the auction there is a "Minimum Bid," the price below which the lot will not be sold. There are NO reserves in this Auction.

 

4) Bidding increases will be accepted in increments of 10% above the current high. There are no exceptions to the bid raise amounts.

 

5) Buyers Premium-   A 12 1/2% buyer’s premium will be added to all winning bids. For example, the winner of a lot selling for a high bid of $1,000.00 will be billed $1,125.00 (plus shipping charges, handling charges and sales tax, if applicable).

 

6) Auto Bid- By placing an "Auto Bid" you are authorizing the auction database software to bid competitively in your behalf, up to but not over your specified limit. "Auto Bids" must be calculated in 10% increments and do not include the 12 1/2% buyer's premium. Your confidential "Auto Bid" will be implemented incrementally, only if necessary, to the dollar amount authorized and no further.

 

7) Out Bid Notices: When a bidder is outbid, an email will be sent notifying that bidder that they have been topped. Notification as such is intended to provide bidders in the timeliest manner possible with information regarding their bids' changed status. The auction company will not be responsible for emails that do not get to recipients. It’s always best to check the auction lot for up to date status. Checking the website is the safest way to get updates on bids.

 

8) Lot Condition- Inquiries concerning condition are strongly advised. Internet and/or catalog pictures should NOT be used to determine condition or grade as in some instances pictures have been cropped or enlarged in order to provide the best possible representation of an item within the scale restrictions of the medium. We will be happy to provide detailed telephone descriptions as well as photocopies and/or large scans of lots upon request. Telephone inquiries regarding condition as well as viewing appointments must be made prior to the auction closing day. Due to the heavy volume of calls on the auction closing date, condition inquiries will NOT be considered on the auction closing date.

 

9) Shipping- Costs for packaging, shipping and insurance will be added to all invoices. Absolutely NO lots will be shipped until full payment is received and cleared. We ship as promptly as possible. Please allow up to 2 weeks to receive your shipment after payment is received. We do not ship partial orders. Most lots will be sent by US Mail AND all lots will be fully insured with private insurance. High value lots will generally be sent by US Registered Mail.

 

Please note, for larger items (ex. framed pieces or collections of cards) shipping rates are higher and will be billed accordingly on your final invoice. If you would like to inquire about shipping amounts prior to bidding, please send us an email or call for options.

 

10) Auction Results- Auction results can be obtained by using one of the various "Search" or "View" features on our auction web site. Winning bidders and sellers will be notified of the results of an auction via email immediately after the auction closes. Invoices and consignor statements are usually mailed within 72 hours after the close of an auction.

 

11) InvoicesInvoices are payable upon receipt with payment due no later than two weeks from date of invoice. Payments may be made by cash, check or money order. Unless known to Brockelman Auctions, personal checks will be held for 10 days before merchandise is approved for shipment. NO CREDIT CARDS or Paypal will be accepted for payment. If you have items that were consigned to the auction, when settling up your account, you agree that balances due can be offset by items purchased in the auction. Invoices will be sent out within 1-2 days via email. Only WHEN REQUESTED will US Mail invoices BE SENT OUT. You may always Log into your account if you need a copy of your invoice.

 

12) RETURN POLICY: We accept returns in the case of a major error in our description. We must be notified within 24 hours of your receipt. All returns will be credited towards any future auction. There are no returns for graded cards.

 

13) Right of refusal- We reserve the right to accept or refuse a bid by any bidder for any reason.

 

14) Notifications- Registrant agrees to automatically receive Brockelman Auctions email notifications relating to the auction, or auction announcements.

 

15) Autographs - Brockelman Auctions offers autographs from time to time. We usually, only sell autographs that have certification from reputable autograph experts; Brockelman Auctions does not employ an autograph grader so we rely solely on the certificates provided by these individuals to verify authenticity. Brockelman Auctions does not express an opinion about an autograph, and relies on the opinions expressed by the person who examined the autograph, which will be noted on the auction lot. Brockelman Auctions also rely on 3rd party grading of cards and bidders understand that their sole recourse of any dispute of a graded card is with the grading company that graded it.

16) House Bidding- Brockelman Auctions does not bid on any lots in the auction, nor are consignors allowed to bid on their own lots via the auction software.

17) Acceptance of terms- Placing a bid constitutes acceptance of the above terms.

 

LAWS

 

These Terms of Service shall be governed by and construed in accordance with the laws of the state of Texas. User and this Auction Site agree to submit to the exclusive jurisdiction of the courts of the state of Texas. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This Auction Site's failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by this Auction Site in writing. User and this Auction Site agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are provided for reference purposes only and have no legal or contractual significance

 

DESCRIPTION OF SERVICE

 

Brockelman Auctions provides its users with an Internet auction service for the purpose of buying and selling personal property. Users agree to provide certain current, complete, and accurate information about them and to maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, user grants this Auction Site the right to disclose to third parties certain Registration Data about User and Service membership in the aggregate; however, such disclosures will exclude user's name, mailing address, email address, account and phone number, unless: (1) User expressly directs this Auction Site to disclose such information, or (2) this Auction Site is required to disclose such information by any applicable law or legal process served on this Auction Site.

 

MODIFICATIONS TO TERMS OF SERVICE

 

This Auction Site may change these Terms of Service from time to time. Users will be notified by email of any change in these Terms of Service. User's continued use of the Service constitutes both: (1) their acknowledgment of these Terms of Service and any modifications; and (2) User's agreement to abide and be bound by these Terms of Service and modifications.

 

MODIFICATIONS TO SERVICE

 

This Auction Site reserves the right to modify or discontinue the Service with or without notice to user. This Auction Site shall not be liable to users or any third party should this Auction Site exercise its right to modify or discontinue the Service.

 

TERMINATION

 

Should user object to any of these Terms of Service or any subsequent modifications thereto or become dissatisfied with the Service in any way, user's only recourse is to: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify this Auction Site of termination.

 

USER ELIGIBILITY

 

Our services are available exclusively to individuals able to form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors.

 

REGISTRATION & ACCOUNT SECURITY

 

Users agree to provide true and accurate information about them in the registration form. If any information provided by user is incomplete or inaccurate, this Auction Site retains the right to terminate user's membership and rights to use the Service. As part of their registration, users will receive a User ID and Password. Users are encouraged to keep their User ID and Passwords private because the foregoing data is the only information needed for purchasing power. Users are responsible for the confidentiality of their User ID and Password as well as for any and all activities that occur under their user ID and password-protected account. User agrees to immediately notify this Auction Site of any unauthorized use of their User ID or Password or any other breach of security known to user.

 

USER CONDUCT

 

User is solely responsible for the contents of his or her transmissions through the Service. Use of the Service is subject to all applicable local, state, national and international laws and regulations. Attempts to gain unauthorized access to other computer systems are prohibited. This Auction Site may, at its sole discretion, immediately terminate Service should user's conduct fail to conform to these Terms of Service and User Agreement.

 

BIDDING AND BUYING

 

Brockelman Auctions has the right to establish general practices and limits concerning users' bidding privileges and procedures. A user who has entered the highest accepted bid at the end of an auction is legally obligated to complete the transaction. Once entered, bids are NOT retractable. This Auction Site and its host are not responsible for bids not being processed or not being accepted due to technical difficulties. Moreover, bid manipulation of any kind is expressly forbidden. A seller is prohibited from placing bids or arranging to have bids placed on behalf of seller, seller's agent or assigns. No shill bidding is allowed. Buyers are prohibited from communicating with each other with the purpose of manipulating the final purchase price of an item. Please note that it is a violation of law to make bids in a false name or with an invalid payment method, even if our software initially accepts such a bid. Be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us, which can be used by law enforcement officials to identify you. Do not test our auctions with false bids. This puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of the law. Currently, both the FBI and the US Secret Service are responsible for investigating all Internet fraud cases.

 

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE As operated by Brockelman Auctions, this auction Service, is provided to you under the foregoing Terms of Service and any operating rules or policies that may be published by this Auction Site. The Terms of Service comprise the entire agreement between Member and this Auction Site and supersede all prior agreements between the parties, regarding the subject matter contained herein. By participating in the registration process, you are indicating your agreement to be bound by all of these Terms of Service.

 

DISCLAIMER OF WARRANTIES

 

USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS" AND "AS AVAILABLE" BASIS. THIS AUCTION SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BROCKELMAN AUCTIONS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BROCKELMAN AUCTIONS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. BROCKELMAN AUCTIONS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM BROCKELMAN AUCTIONS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

 

BROCKELMAN AUCTIONS OR ITS HOST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF BROCKELMAN AUCTIONS OR ITS HOST HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

NO RESALE OR COMMERCIAL USE OF THE SERVICE

 

Use of this Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service, without the express written consent of Create Auction LLC. Without limiting any other remedies, this Auction Site may terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

 

INDEMNIFICATION

 

User agrees to indemnify and hold Brockelman Auctions, its parents, subsidiaries, affiliates, officers and employees, and likewise the host, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of their use of the Service, a breach of this User Agreement, or the infringement by user, or other user of the Service using registered user's computer, of any intellectual property or other right of any person or entity.