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SONGCATCHERS INC.

TERMS AND CONDITIONS FOR AUCTION BIDDING and CREDIT CARD PURCHASES

June 2021

I HAVE READ AND UNDERSTAND ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE AUCTION.

I HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.

I FURTHER AGREE TO BE RESPONSIBLE AND PAY FOR ALL PURCHASES.

Bidding on Items
By bidding, you are stating that you are ready and willing to purchase that item for your bid amount, plus any shipping charges disclosed in the listing. If you are outbid, or your bid does not meet the reserve price, you are under no obligation to buy. But in all other cases, you are entering a contract to buy the item, and to deliver payment within the time period specified (48 hours from auction closing). If you cannot pay, please do not bid. Your bids are final and non-retractable. We will not accept e-mail bids.

Starting Bid
Songcatchers Inc. will predetermine the number of Item(s) in an auction. Songcatchers Inc. will set the starting bid on each item. The Starting Bid is designed to encourage bidding. If an item is incorrectly described online, Songcatchers Inc. reserves the right to rectify such error and email to all active bidders the correct description.

Bidder Rights
All rights granted herein are personal and exclusive to the registered bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any Bidder. If you have any questions, please contact Songcatchers Inc. immediately.

Disputes between Bidders
In case of any dispute between bidders, Songcatchers Inc., at its sole and complete discretion, may reopen the bidding pursuant to specific terms determined by Songcatchers Inc. between the two highest bidders only, until the property is sold. If a dispute arises after the sale of any lot, Songcatchers Inc. records shall be deemed conclusive in all respects.

 Internet Bidding

(A) Buyer acknowledges that Songcatchers Inc. does not have any responsibility or liability for the website(s) used for Internet bidding. Seller acknowledges that the Songcatchers Inc. may not have any control over the website(s) and cannot guarantee its operation or performance. There are occasional interruptions and delays relating to the use of the Internet and the Website. Furthermore, Songcatchers Inc. shall not be held liable (for lost profits or special damages) or responsible for the function of the website or its inability to function. Buyer acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Songcatchers Inc.

(B) The website is administered by Songcatchers Inc. from its offices in the United States of America. Individuals must reside within the United States of America to register to bid online. Songcatchers Inc. will not accept bids from individuals who reside outside of the United States of America and its territories. If you access the website from a location outside of the United States of America and its territories, Buyer consents to exclusive and continuing jurisdiction in the United States of America and agrees to be bound by and comply with all applicable laws.

(C) Songcatchers Inc. reserves the right to deny any person for any reason permission or access to bid online.

(D) Winning bidders will be notified at the auction close.

 Songcatchers Inc. disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct lot and ensure that his/her bid is for the amount intended. Songcatchers Inc. is not responsible for computer or human error which may result in any customer dissatisfaction. We reserve the right to accept or reject any and all bids or bidders. Songcatchers Inc. reserves the right to request a deposit at any time for what Songcatchers Inc. considers excess bidding to continue to bid in a specified auction.  The sale is complete when Songcatchers Inc. so announces.

Time of the Auction
An auction starts and will close on the dates specified on the auction item’s detail page. The auction has ended when Songcatchers Inc. indicates the auction is closed.

Stop Payment/Insufficient Funds
Upon making payment for a lot(s), no stop payment of funds will be honored. Any stop payment order shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud.

Authentication
Each Lot shall disclose what Authentication accompanies it. The buyer should not bid on a Lot if he or she is uncomfortable with the authenticator. 

For cards and autographs appearing without professionally grading, we strive to accurately assess quality. However, Songcatchers Inc. does not guarantee their opinion and the Buyer assumes the risk. Songcatchers Inc. is not responsible if a professional evaluation disagrees with Songcatchers Inc.’s opinion or with other Authenticators’ opinions.

Payment
Payment in full must be paid by Buyer in the form of a major credit card (if you have a question about whether a credit card is accepted, please call Songcatchers Inc. before the sale), prior to the delivery of any item purchased.  Buyer shall pay the purchase price, shipping, and handling charges (if any), plus any and all applicable taxes unless such taxes are exempted by law (proof of exemption must be provided). If any Bidder/Buyer does not pay Songcatchers Inc. for any Item(s) within forty-eight (48) hours after the end of an Auction, Songcatchers Inc. has the right to offer the item(s) to the 2nd highest bidder for payment. If Auction does not have a 2nd highest bidder, the item may be relisted for sale online or added to another auction lot in the future. Failure to fulfill Buyer’s payment obligations will affect future bidding privileges.

Acceptance of Terms
A bid placed by any person shall be conclusive proof that he or she acquainted himself or herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid.

Breach of Contract
If this Agreement, or any terms and conditions announced by Songcatchers Inc., are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Buyer liable for the bid price, Songcatchers Inc. may: (1) publicly or privately resell the property, with the non-complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non-complying Buyer. Songcatchers Inc.’ commissions, all incidental damages, expenses, court costs, costs of collection, and/or attorneys’ fees will be charged to and be the responsibility of the non-complying Buyer.

Limitation of Liability
IN NO EVENT SHALL SONGCATCHERS INC. BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. SONGCATCHERS INC.’S LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER’S PREMIUM, AND TAXES PAID BY BIDDER TO SONGCATCHERS INC., REGARDLESS OF WHETHER BUYER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

Severability
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.

Interpretation
Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.

Applicable Law
The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of New York, Westchester County and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of New York. In the event that the parties hereto, or anyone of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in Westchester County, State of New York, or the United States District Court, located in the State of New York.

RETURN POLICY

All online items are sold in “as is” condition.  Weight, size, estimated value, origin, grade, quality, age, condition, rarity, and importance, are not guaranteed for any item. All sales are final unless a gross error on description has been made. Any disputes must be made within five (5) days of receiving the item. No returns will be accepted without a valid return authorization from Songcatchers Inc., Songcatchers Inc. will not refund above and beyond the original costs.  Any additional charges incurred by the winning bidder, including appraisals, insurance, return shipping, etc. will not be covered by any refund.

PLEASE NOTE:  SONGCATCHERS INC. WILL NEVER SELL OR SHARE YOUR PERSONAL INFORMATION.