Special Terms
GOLD STANDARD AUCTIONS, LLC AUCTION AND “BUY IT NOW” TERMS AND CONDITIONS
These Auction and “Buy it Now” Terms and Conditions (hereinafter the 'Agreement' or “Terms”) constitute a legally binding agreement between you (either an individual or an entity) and Gold Standard Auctions, LLC, its affiliate(s) and subsidiaries (hereinafter collectively referred to as “GSA”) regarding the use of its websites - www.bidgoldstandard.com and www.goldstandardauctions.hibid.com (hereinafter the “Site” or “Sites”), its auction services, and “Buy it Now” retail services. By utilizing the GSA Site(s) and/or Services (defined below), you understand, acknowledge and agree that you are legally bound by the terms and conditions set forth herein (and as hereafter amended):
1. ACCEPTANCE OF LEGALLY BINDING TERMS. BY UTILIZING THE GSA SITES AND/OR SERVICES (DEFINED BELOW), PLACING AN AUCTION BID, SELECTING A “BUY IT NOW” OPTION, OR OTHERWISE PARTICIPATING IN A GSA AUCTION OR SALE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT – AND SPECIFICALLY THE DISPUTE RESOLUTION, IN-PERSON ARBITRATION AND REMEDIES PROVISION - AS WELL AS THE APPLICABLE BUYER/SELLER TERMS.
2. DEFINITIONS.
a. 'Auction' means an online auction wherein remote users can bid either through absentee bids or real time bids on Products being auctioned via GSA’s Sites.
b. 'Bidder' or “Buyer” means an individual, artificial entity, or auction house registered as a Bidder with GSA for purposes of utilizing GSA’s Buyer Services to bid on (via Auction) or otherwise purchase (via “Buy it Now” listing) Product(s) for sale through GSA’s Sites. If an artificial entity places a bid or selects the “Buy it Now” option, the person executing the bid on behalf of the artificial entity agrees to, and hereby does, personally guarantee payment of such bid. The terms Bidder and Buyer shall be used interchangeably regardless of whether a Bidder is successful in an Auction.
c. “Bidder Terms” mean the Bidder Terms & Conditions entered into by and between a Bidder and GSA for purposes of governing over a Bidder’s access to, and use of, GSA’s Services as a Bidder. Said Bidder Terms are incorporated by reference for all purposes as if the same were fully set forth herein and are located here: www.goldstandardauctions.hibid.com/home/bidderuserterms
d. “Buy it Now” means an online sale, other than by auction, for Products which may be purchased through GSA’s Sites by selecting the “Buy it Now” option.
e. “Product(s)” mean currency, coins, tokens, notes, medals, precious metals and/or other collectibles listed for Auction or “Buy it Now” sale on one or more GSA Site through use of GSA’s Services.
f. 'Seller' means an individual, artificial entity, or auction house registered as a Seller with GSA for purposes of utilizing GSA’s Seller Services to list Product(s) for sale through GSA’s Sites. GSA may also serve as a Seller when listing its own Product(s) for sale through GSA’s Sites.
g. “Seller Terms” mean the Seller Terms & Conditions entered into by and between a Seller and GSA for purposes of governing over a Seller’s access to, and use of, GSA’s Services as a Seller. Said Seller Terms are incorporated by reference for all purposes as if the same were fully set forth herein and are located here: www.goldstandardauctions.hibid.com/home/selleruserterms
h. “Services” means the online Auction and/or “Buy it Now” listing services provided by GSA to Sellers, Bidders and prospective Sellers and Bidders through the Sites which serve as a conduit for listing Products and means for offers and acceptance to be exchanged in relation to the Auction/sale of Product(s).
3. GSA SERVICES. You acknowledge and agree that GSA provides online Auction and “Buy it Now” Services for Sellers and Bidders through its Sites which serve as conduits for offers and acceptance to be exchanged in relation to the Auction or “Buy it Now” sale of Products posted on one or more GSA Sites (the Services). You further acknowledge and agree that: (i) GSA is not a certified Auction House and therefore does not always conduct the Live Auctions; (ii) When not acting as the Seller, GSA is solely a passive conduit to facilitate the Auctions and communication between the Bidders and Sellers; (iii) When not acting as the Seller, GSA has no control over the Bidders, Sellers, or the accuracy of descriptions for the Product(s) being offered by the Seller; (iv) When GSA acts as a seller, all the terms and conditions apply to the transaction between GSA and the seller; (v) GSA reserves the right in its sole discretion to change some or all of its Services at any time; and (vi) the provision of this Agreement supersedes and takes precedence over all terms of the auction platform to the extent there is any conflict.
4. PRODUCT DESCRIPTIONS. The GSA Site places items for auction and enables individuals, artificial entities and professional auctioneers to list Products for Auction and/or “Buy it Now” sale. Those are the persons or entities who prepare the Product descriptions which appear on the Sites, not GSA (unless listing its own Products for auction), and it is those individuals or entities who are solely responsible for the accuracy of the descriptions and for all contractual and other warranties made, if any, with respect to the Products sold. You understand, acknowledge and agree that GSA is not and shall not be held responsible or liable to you for any of the Product description/information posted by GSA or any seller on the GSA Site’s Auction or “Buy it Now” listing(s). While written descriptions are utilized in Product listings, the ultimate determination of the qualities of any Auction item or “Buy it Now” Product are determined by examination of the posted Product photographs.
5. SELLERS AND SELLER SERVICES. The Sellers Terms & Conditions entered into by and between GSA and Product Sellers govern a Seller’s access to, and use of, GSA’s Services as a Seller, whether it be via GSA Auction or “Buy it Now” listing. The Sellers Terms & Conditions are incorporated by reference as if the same were fully set forth herein and can accessed here: https://goldstandardauctions.hibid.com/home/selleruserterms. Sellers must be preapproved by GSA prior to participating in any Auction or “Buy it Now” listing and must maintain a current Seller account with GSA. A Seller must disclose certain account registration information to GSA prior utilizing GSA’s Sites and Services. Said Seller information includes, but is not limited to, any information a Seller provides to GSA during the registration process, in any public message area or through any email feature. Sellers hereby represent and warrant that his/her/its Seller Information: (a) is true and accurate; and (b) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept, or expropriate any system, data or personal information.
Because Sellers utilizing GSA’s Services and Sites may enter into binding legal agreements to sell Products being auctioned, GSA's Services are not available to minors.
6. BIDDERS AND BIDDER SERVICES. The Bidders Terms & Conditions entered into by and between GSA and Bidders govern a Bidder’s access to, and use of, GSA’s Services as a Bidder/Buyer, whether it be via GSA Auction or “Buy it Now” listing. The Bidders Terms & Conditions are incorporated by reference as if the same were fully set forth herein and can accessed here: https://goldstandardauctions.hibid.com/home/bidderuserterms. Bidders must be pre-approved by GSA prior to participating in any Auction or “Buy it Now” listing and must maintain a current Bidder account with GSA. A Bidder must disclose certain account registration information to GSA prior utilizing GSA’s Sites and Services. Said Bidder information includes, but is not limited to, any information a Bidder provides to GSA during the registration process, in any public message area or through any email feature. Bidders hereby represent and warrant that his/her/its Bidder Information: (a) is true and accurate; and (b) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept, or expropriate any system, data or personal information. By providing such information, Bidders expressly agree to the terms as set forth herein (and as hereafter amended).
Because Bidders utilizing GSA’s Services and Sites may enter into legally binding agreements to purchase Products being auctioned, GSA's Services are not available to minors. Sellers may have different standards for approving individual auction participants, and you may be required to apply for and obtain written approval to participate in a specific auction. In such circumstances, approved Bidders will receive a Bidder Number. Approval to participate in one auction does not guarantee approval to participate in any other auction. GSA and each Seller reserves the right to refuse to approve any individual or entity applying to participate in any Auction or “Buy it Now” listing as a Bidder.
7. AUCTION BIDS AND “BUY IT NOW” SALES. By placing a successful bid, or selecting the “Buy it Now” option on a Product listing, you are entering into a binding agreement between yourself and the Seller. Bids for a particular Product are subject to a minimum bid increment as posted. If you bid an amount below the minimum increment your bid will not be accepted. If you bid an amount between increments, GSA will automatically round your bid up to the nearest increment. Once accepted, bids may not be retracted or cancelled and, upon acceptance by the Seller, constitute a binding agreement between the Buyer and Seller. Bids for a Product do not apply to subsequent offerings of identical or similar Products. GSA reserved, in its sole discretion, the right to select any bid if several bids for the same amount are received at about the same time. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Bidders placing a winning bid through Bidder Services will be notified by email. Reserve bid amounts are displayed at the discretion of the Seller. If you are the winning Bidder and do not pay your invoice or make plans to pay for your invoice within seven (7) days of the sale date, you will be charged a restocking fee of twenty-five percent (25%) of your invoice total. Additionally, you will be banned from all future GSA Auctions and “Buy it Now” listings as a Bidder or Siller. GSA is not liable for any errors made while operating the technology used to host or bid on online auctions.
8. “AS IS” / WHERE IS SALE. ALL PRODUCTS ARE SOLD “AS IS”, WHERE IS. Descriptions are given to Products, but Bidders expressly agree that they are not relying on such description, but instead will base all decisions to bid based exclusively on Bidder’s examination of the listing’s Product photographs. If any item is removed from its holder, the Bidder waives all rights to asserts any claims or demands concerning that item and lot and waive any right to retain that item or lot.
9. PAYMENT. The following provisions govern procedures for the purchase of Products and related payment terms. Please note that all invoices issued over a two (2) day or four (4) day sale will be combined.
a. PAYMENT DEADLINE. Payment for Products shall be immediately due and payable upon the conclusion of said Products’ Auction or “Buy it Now” listing and presentment of an invoice. GSA reserves the right to cancel an invoice if payment in full is not received within seven (7) days after Auction close. In cases of nonpayment, GSA’s election to cancel a sale does not relieve the successful Bidder from their obligation to pay GSA its fees (seller’s and buyer’s premium) on the Product listing and any other damages pertaining to Bidder’s failure to tender payment. Alternatively, GSA at its sole option, may charge Bidder a twenty-five percent (25%) fee based on the Product’s purchase price or pursue collection of the full amount of the winning/”Buy It Now” bid from the Bidder adding interest at the highest rate allowed by law and reasonable attorneys’ fees. If payment is not received by GSA within thirty (30) days of the winning/“Buy It Now” bid, GSA may resell the items, applying any net proceeds to the amount(s) owed by the Bidder. In either case, GSA may offset the amount of its claim against any monies owing to the Bidder and secure its claim against any of the Bidder’s property held by GSA.
b. PAYMENT METHODS. GSA and Sellers utilizing GSA’s auction and/or “Buy it Now” Services agree to accept the following exclusive forms of payment for Products and related costs/fees:
i. Cash: United States Currency
ii. Credit/Debit Cards: Credit/debit cards are only accepted for the payment of a given invoice (for Product’s purchase price, buyer’s premium, and shipping & handling) totaling a maximum of two thousand five hundred dollars ($2,500.00). Credit/debit cards are not accepted for orders/invoices over two thousand five hundred dollars ($2,500.00). Cards on file with GSA will automatically be charged for orders under two thousand five hundred dollars ($2,500.00). Subject to the aforementioned caveats, payments via credit card (Visa, Mastercard, and Discover) will incur a surcharge of two and one-half percent (2.5%). Said fee is subject to change without prior notice. This fee only applies to credit transactions and does not include GSA’s cost of processing. Payments via cash, wire transfer, Cashier’s Check, Venmo, and Zelle will not incur this surcharge but may be subject to Bidder fees assessed by the utilized service provider.
iii. Wire Transfer: For wiring instructions, call (972-800-6456) or email (at info@bidgoldstandard.com) GSA.
iv. Personal Checks/Cashier’s Checks: Personal Checks/Cashier’s Check made payable to “Gold Standard Auctions, LLC” and delivered to 13859 Diplomat Drive, #150, Dallas, TX 75234 within seven (7) days of the auction or “Buy it Now” sale concluding. Payment by personal check will delay shipment by up to 3 business days from the date of deposit.
v. Venmo: For current Venmo payment instructions, call (972-800- 6456) or email (at info@bidgoldstandard.com) GSA.
vi. Zelle: For current Zelle payment instructions, call (972-800-6456) or email (at info@bidgoldstandard.com) GSA.
c. BUYER’S PREMIUM. All bids are subject to a Buyer’s Premium which is in addition to the successfully placed bid. For currency, coins, tokens, notes and precious metals, the Buyer’s Premium shall be fifteen percent (15%) per lot. GSA’s Buyer’s Premium is subject change and may increase from time to time without further notice at GSA’s sole discretion.
d. UNPAID BALANCE AND DISHONORED PAYMENTS. If any Auction or “Buy it Now” invoice submitted by GSA to Bidder is not paid in full when due, the unpaid balance will bear interest at the highest rate permitted by law from the date of invoice until paid. Any invoice not paid when due will bear a three percent (3%) late fee on the invoice amount. If GSA refers any invoice to an attorney or third-party for collection, Bidder agrees to pay GSA’s reasonable attorney’s fees, court costs, and other collection costs incurred by GSA.
In the event the Bidder fails to pay any amounts due, Bidder authorizes GSA to charge the Bidder’s credit card on file with GSA in the amount required to pay the invoice in full (plus the applicable surcharge) or sell the Product(s) securing the invoice to any underbidders in the Auction that the Product(s) appeared, or at subsequent private or public sale, or relist the Product(s) in a future Auction or “Buy it Now” listing by GSA. A defaulting Bidder agrees that all items may be resold by GSA thirty (30) days after the invoice date, and agrees to pay for the reasonable costs for resale (including, but not limited to, a 15% seller’s commission, if consigned to an Auction conducted by GSA). The defaulting Bidder is liable to pay any difference between the total original invoice for the Product(s) if sold at a private sale or the subsequent hammer price of the Product(s) less the 15% seller’s commissions, if sold at GSA’s Auction.
Product title shall not pass to Bidder until all invoices are paid in full. GSA shall have a lien against the merchandise purchased by Bidder to secure payment of any and all outstanding invoices. GSA is further granted a lien and the right to retain possession of any other property of Bidder then held by GSA to secure payment of any invoice or any other amounts due to GSA from Bidder. With respect to these lien rights, GSA shall have all the rights of a secured creditor under Article 9 of the Texas Uniform Commercial Code, including, but not limited to, the right of sale (including a 15% seller’s commission, if consigned to an Auction conducted by GSA). If the Bidder receives any Product, Bidder agrees to hold such item in trust until GSA is paid in full. Any GSA auction is deemed a reasonably commercial sale. In addition, with respect to payment of invoices, Bidder waives any and all rights to offset he/she/it might otherwise have against GSA and the consignor of the Product(s) included in the invoice. If Bidder owes GSA on any account, GSA shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder’s property in its possession.
In the event the Bidder’s payment is dishonored upon presentment, Bidder shall pay the maximum statutory processing fee set by applicable Texas state law, interest at the maximum rate allowed by law, and reasonable attorneys’ fees.
e. TAXES, DUTIES, AND CUSTOMS. Purchased Products may be subject to taxes, duties, customs and/or fees imposed by various domestic and/or foreign taxing authorities or governments. Bidder is solely responsible for payment of any and all such taxes, duties, customs and/or fees prior to delivery unless alternative arrangements are made in writing and pre-approved by GSA.
Notice of compliance with Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) for the purchase of Product(s) made from protected species or wildlife. Any Product(s) made of or incorporating endangered or protected species or wildlife may have import and/or export restrictions established by CITES in various countries and domestically. Plant and animal properties included, but are not limited to, items made of (or including) Brazilian rosewood, ivory, whalebone, turtle shell, coral, crocodile, alligator, lizard, or other wildlife. These items may not be available to ship internationally or, in some cases, domestically. Domestic bans and restrictions exist in these states: (1) California state law prohibits the importation of any product containing python skin into the State of California, (2) Fossil Ivory is currently banned or restricted in 5 U.S. States: New York, New Jersey, California, Hawaii, and New Mexico. By placing an Auction bid or selecting a “Buy it Now” option, the Bidder acknowledges that he/she/it is aware of any and all restrictions in their country or place of residence and takes responsibility for: (1) obtaining all information on such restricted items for both export and import; (2) obtaining all such licenses and/or permits. Delay, failure, or inability to obtain any such license or permit does not relieve the buyer of timely payment or afford them the capacity to void their purchase or payment. Lots and Products containing potentially regulated wildlife material may be noted in the description as a convenience to GSA’s Bidders/Sellers. GSA does not accept liability for errors or failure to mark lots or Products containing protected, endangered, or otherwise regulated species. GSA is not liable for any loss caused by or resulting from: (1) seizure or destruction under quarantine or Customs regulation or confiscation by order of any government or public authority, or risks of contraband or illegal transportation of trade, or (2) breaking of statuary, marble, glassware bric-a-brac, porcelains, jewelry, and similar fragile articles.
10. PRODUCT SHIPPING & HANDLING / IN-PERSON PICK UP. By submitting a bid or selecting a “Buy it Now” purchase, the Seller and Bidder agree to GSA's shipping and handling policy and other charges, whether known or unknown to bidder at the time of bid. GSA does not personally transport or deliver Products unless in-person pick up at a secure location (not GSA’s office) is pre-arranged by Bidder with GSA. Unless otherwise noted, GSA shall coordinate shipping of Products to successful Bidders through reputable third-party shipping service providers such as the United States Postal Service (USPS), United Parcel Service of America, Inc. (UPS), FedEx Corporate Services, Inc. (FedEx), Deutsche Post AG (DHL), or the like. GSA does not guarantee delivery of purchased Products by a specified date, or at all, due to reliance upon third-party shipping companies. While GSA implements commercially reasonable efforts to initiate shipping with third-party shippers within seventy-two (72) business hours of full and final payment, Bidder agrees that neither delivery of an item after the date desired or expected by Bidder, or loss of an item by a third-party delivery service, gives rise to grounds for a partial or complete refund or a credit card chargeback. Bidders understand, acknowledge and agree that once GSA turns over a purchased Product to a third-party shipper, Bidders’ sole recourse for any alleged lost or delayed Product shall be directly through the third-party shipper and applicable its applicable insurance policy. Shipping & Handling fees shall be included in the successful Bidder’s Product invoice. Shipping & Handling fees are subject to change. International shipping is subject to additional shipping fees. All deliveries are subject to GSA’s receipt and clearance of good funds.
11. NO GUARANTEES OR WARRANTIES. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY PRODUCT/LOT. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY PRODUCT/LOT EXCEPT FOR WARRANTY OF TITLE, AND IN THE CASE OF TITLE, GSA IS SELLING ONLY THAT RIGHT OR TITLE TO THE PRODUCT/LOT THAT THE SELLER OR CONSIGNOR MAY HAVE AS OF THE AUCTION OR “BUY IT NOW” SALE DATE. IF A PRODUCT/LOT IS BEING AUCTIONED OR SOLD THROUGH A “BUY IT NOW” SALE ON A CONSIGNMENT BASIS OR AS AN AUCTION ITEM, GSA DISCLAIMS AND MAKES NO WARRANTY OF TITLE AS SUCH PRODUCTS PURCHASED PASS DIRECTLY FROM THE SELLER/CONSIGNER TO SUCCESSFUL BIDDER. ALL PRODUCTS/LOTS ARE SOLD “AS IS”, WHERE IS, AND WITH ALL FAULTS. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED IS MADE WITH RESPECT TO ANY DESCRIPTION, GRADE, OR PURPORTED VALUE CONTAINED IN ANY AUCTION OR “BUY IT NOW” LISTING. BIDDERS AND SELLERS AGREE THAT GSA IS NOT PROVIDING ANY WARRANTY, COVENANT OR REPRESENTATION WITH RESPECT TO THE PRODUCTS SOLD OR AUCTIONED THROUGH THE GSA SITE. BIDDER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING, QUALITY, DESCRIPTION, CONDITION, AND PROVENANCE OF A PRODUCT/LOT.
COINS AND CURRENCY LISTED IN GSA’S CATALOG AS GRADED AND ENCAPSULATED BY PCGS, NGC, ANACS, ICG, PCGS CURRENCY, PMG, PCGS BANKNOTE GRADING, CMC OR ANY OTHER THIRD-PARTY GRADING SERVICE ARE LIKEWISE SOLD “AS-IS” EXCEPT AS EXPRESSLY SET FORTH HEREIN. ALL THIRD-PARTY GRADING SERVICE GUARANTEES, INCLUDING AUTHENTICITY, ARE THE SOLE RESPONSIBILITY OF THE THIRD-PARTY GRADING SERVICE AND NOT WARRANTIES OR GUARANTEES OF GSA. BIDDERS SHOULD CONTACT THESE THIRD-PARTY GRADING SERVICES DIRECTLY WITH RESPECT TO ANY CLAIMS OR QUESTIONS THEY MAY HAVE CONCERNING THEIR GUARANTEES AND WARRANTIES. BIDDERS ACKNOWLEDGE AND AGREE THAT AUCTIONEER IS NOT BOUND BY OR LIABLE FOR ANY OPINION OR CERTIFICATION BY ANY THIRD-PARTY GRADING SERVICE. REMOVAL OF A PRODUCT FROM ITS PROTECTIVE CASING OR HOLDER OR ALTERATION OF ANY COIN HOLDER WAIVES ALL RIGHTS CONCERNING THE PRODUCT CONTAINED THEREIN.
GSA DOES NOT GUARANTEE OR COVENANT THE ACCURACY OF THE PRODUCT DESCRIPTION OR THAT THE IMAGES USED TO ILLUSTRATE PRODUCTS ARE CORRECT OR DO NOT VIOLATE TRADEMARKS OR COPYRIGHTS. GSA HAS NOT UNDERTAKEN ANY REVIEW OR DUE DILIGENCE WITH RESPECT TO THE INFORMATION CONTAINED ON THE GSA SITE AND PROVIDES NO GUARANTEES, COVENANTS, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SAID INFORMATION OR ITS ACCURACY. YOU AGREE YOU DO NOT RELY ON ANY WRITTEN DESCRIPTIONS, BUT WILL ONLY BID BASED ON EXAMINATION OF THE PRODUCT/LOT PHOTOGRAPHS POSTED IN CONNECTION WITH THE AUTION OR “BUY IT NOW” LISTING. You hereby acknowledge that the GSA Sites, the data entered into the Sites, and/or the Seller's auction or “Buy it Now” information may contain errors or inaccuracies.
You understand, acknowledge and agree that the numismatic and precious metals markets are speculative, unregulated and volatile, and that coin, currency and precious metal values may rise or fall over time. GSA DOES NOT GUARANTEE OR REPRESENT THAT ANY BIDDER BUYER PRODUCTS FOR INVESTMENT PURPOSES WILL BE ABLE TO SELL SAID PRODUCTS FOR A PROFIT IN THE FUTURE.
You further understand, acknowledge and agree that neither GSA, nor its owners, members, employees, affiliates, agents, representatives, third-party providers, or consignors warrant that Auctions or “Buy it Now” listings will be unimpaired, uninterrupted or error free and accordingly shall not be liable for such events.
12. CREDIT CARD CHARGEBACKS PROHIBITED. The “Limited Returns” provision set forth herein below provides the limited availability and procedure for facilitating Product returns in specified situation. Absent the express eligibility and strict adherence to the procedures for facilitating a return (which must be preauthorized by GSA in writing), Bidders shall not be entitled to return Product(s), partial or full refunds, wire recalls, stop payments on checks or credit/debit cards, or the initiation of a chargeback claim with a Bidder’s credit/debit card provider. BIDDER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THERE EXIST NO LEGAL BASIS FOR INITIATING A CHARGEBACK CLAIM FOR ANY PURCHASED PRODUCT, AND BIDDER SPECIFICALLY AGREES TO REFRAIN FROM THE FILING OF ANY SUCH CLAIM. In the event a Bidder does not receive a purchased Product within thirty (30) days of payment, or the Bidder takes issue with a Product’s grading or condition, Bidder’s only recourse shall be against the third-party shipping company’s insurance and/or the appropriate grading service.
13. LIMITED RETURNS. The following terms shall govern the limited return policy available some Bidders for certain Product(s) under limited circumstances and only upon written pre-approval from a GSA authorized representative.
a. No certified Product(s) may be returned because of possible difference of opinion with respect to the grade offered by any thirdparty organization, dealer or service. No guarantee of grade is offered for uncertified Product(s) sold and subsequently submitted to a third-party grading service. There are absolutely no exceptions to this policy. Bidder will solely rely upon the posted photographs of the Product/Lot, and agrees Bidder will not rely upon the written description.
b. Under extremely limited circumstances (e.g. gross cataloging error), a successful Bidder may request GSA to evaluate voiding a sale, if and only if: (i) such request is made in writing detailing the alleged gross error and submitted to GSA (at info@bidgoldstandard.com) within three (3) days of receipt of the Product(s); (ii) submission of the Product(s) to GSA are pre-approved by an authorized GSA representative; and (iii) the successful Bidder notifies GSA (13859 Diplomat Drive, #150, Dallas, TX 75234) in writing of such request within three (3) days of the Bidder’s receipt of the Product(s). Any Product that is to be evaluated must be in GSA’s office (13859 Diplomat Drive, #150, Dallas, TX 75234) within thirty (30) days after the conclusion of the Product(s) auction. Grading or method of manufacture do not qualify for this evaluation process nor do such complaints constitute a basis to challenge the authenticity of Product(s). AT THE CONCLUSION OF THE AFOREMENTIONED THIRTY (30) DAY PERIOD, NO PRODUCTS MAY BE RETURNED FOR REASONS OTHER THAN AUTHENTICITY. IT IS WITHIN GSA’S SOLE DISCRETION TO DETERMINE WHETHER THE ALLEGED ERROR QUALIFIES FOR A PARTIAL, COMPLETE, OR NO REFUND (SUBJECT TO A 15% RESTOCKING FEE SET FORTH HEREIN). Returned Products must be housed intact in their unaltered original holders or packaging. Late remittance of payment for purchases may be considered just cause to revoke all return privileges.
c. THREE (3) DAY RETURN POLICY. Certified Coin and Uncertified and Certified Currency lots paid for within seven (7) days of the auction or “Buy it Now” salemay be sold with three (3) day return privileges (only upon written pre-approval by GSA) unless otherwise noted in the description as “Sold As Is / No Return”. You may return Product(s) under the following limited conditions with written pre-approval from GSA: (i) within three (3) days of receipt of the Product(s), you must first notify GSA by email (at info@bidgoldstandard.com) and telephone (972-800-6456), obtain written pre-approval via email, and immediately ship the return Product(s) in their original condition, fully insured, and housed in their original holder or packaging, to the attention of “GOLD STANDARD AUCTIONS, LLC – RETURNS, 13859 Diplomat Drive, #150, Dallas, TX 75234.” Said return Product(s) must be in GSA’s possession, custody and control within thirty (30) days after the conclusion of the Product(s) auction or such return privileges are revoked without further notice and the late Product will be shipped back to the Bidder at his/her/its sole expense. A non-negotiable restocking fee of fifteen percent (15%) of the purchase price ($10.00 per Product/lot minimum) will be deducted from the refund for each returned Product (or billed directly to the Bidder). Postage and handling, customs, and other fees are not refunded. After the three-day period (from Bidder’s receipt), no Product(s) may be returned for any reason. Late remittance for purchases revokes all return privileges.
d. Bidders who have inspected the Product(s) in-person prior to an auction or “Buy it Now” purchase, or bid through an agent, will not be granted any return privileges, except for reasons of authenticity.
e. Coins sold referencing a third-party grading service are sold “AS IS” without any express or implied warranty, except for a guarantee by GSA that they are genuine. Removal or alteration of the holder, voids all of Bidder’s claims concerning that Product. Certain warranties may be available from the grading services and Bidders are referred to them for further details: Numismatic Guaranty Corporation (NGC), PO Box 4776, Sarasota, FL 34230, www.ngccoin.com/services/writtenguarantee.asp; Professional Coin Grading Services (PCGS), PO Box 9458, Newport Beach, CA 92658, www.pcgs.com/guarantee.html; ANACS, 6555 S. Kenton St., Ste. 303, Englewood, CO 80111; and Independent Coin Grading Co. (ICG), 7901 East Bellview, Ave., Suite 50, Englewood, CO 80111.
f. Notes sold referencing a third-party grading service are sold “AS IS” without any express or implied warranty, except for guarantee by GSA that they are genuine. Grading, condition or other attributes of any Product may have a material effect on its value and the opinion of others, including third-party grading services such as PCGS Currency and PMG may differ with that of GSA. GSA shall not be bound by any prior or subsequent opinion, determination, or certification by any grading service. Bidders specifically waive any claim to right of return of any Product because of the opinion, determination, or certification, or lack thereof, by any grading service. Certain warranties may be available from the grading services and Bidders are referred to them for further details: Paper Money Guaranty (PMG), PO Box 4711, Sarasota, FL 34230; PCGS Currency, PO Box 10470, Peoria, IL 61612-0470; PCGS Gold Shield, PO Box 9458, Newport Beach, CA 92658. Third-party graded notes are not returnable for any reason whatsoever.
g. Notes graded by PCGS Currency between February 4, 2009, and January 30, 2019, were graded and authenticated by K3B, Inc. under license from Collectors Universe, Inc. K3B, Inc., now operating as Legacy Currency Grading, has expressed in writing that notes graded under the license during this time period will still be covered by the full written guaranty of PCGS Currency. Warranties may be available from Collectors Universe, Inc. for PCGS Currency notes graded prior to February 4, 2009.
h. Since GSA cannot examine encapsulated coins or notes, they are sold “AS IS” without GSA’s grading opinion, and may not be returned for any reason. GSA shall not be liable for any patent or latent defect or controversy pertaining to or arising from any encapsulated Product. In any such instance, Bidder’s remedy, if any, shall be solely against the service certifying the Product.
i. Due to changing grading standards over time, differing interpretations, and to possible mishandling of Products by subsequent owners, GSA reserves the right to express an opinion as to an item’s grade differently than shown on certificates from any grading service that accompany the Product, but shall have no obligation to do so. GSA also reserves the right to express an opinion as to a product’s grade differently than the grades shown in a prior catalog should such items be reconsigned to any future auction or “Buy it Now” sale, but shall have no obligation to do so.
j. Although consensus grading is employed by most grading services, it should be noted as aforesaid that grading is not an exact science. In fact, it is entirely possible that if a Product is broken out of a plastic holder and resubmitted to another grading service or even to the same service, the Product could come back with a different grade assigned.
k. Certification does not guarantee protection against the normal risks associated with potentially volatile markets. The degree of liquidity for certified coins and collectibles will vary according to general market conditions and the particular lot involved. For some Products there may be no active market at all at certain points in time.
l. All non-certified coins and currency are guaranteed genuine, but are not guaranteed as to grade, since grading is a matter of opinion, an art and not a science, and therefore the description rendered by GSA or any third-party grading service may not agree with the opinion of others (including trained experts), and the same expert may not grade the same item with the same grade at two different times. GSA may, but is not obligated to, express an opinion as to non-certified numismatic items, in GSA’s opinion, or by its employees’ experience and the current interpretation of the American Numismatic Association’s standards as of the date the catalog was prepared. There is no guarantee or warranty expressed or implied that the grading opinions utilized by GSA, if any, will meet the standards of any grading service at any time in the future.
m. Storage of purchased coins, tokens and currency: Bidders understand and acknowledge that certain types of plastic may react with a coin, token or currency’s surface or transfer plasticizer to notes and may cause damage. You understand, acknowledge and agree that you shall exercise caution to avoid the use of storage materials that are not inert.
14. RESTOCKING FEE. All Products which qualify for return and are returned in strict conformity with the notice and physical return requirements set forth herein, shall be subject to a mandatory restocking fee equal to twenty-five percent (25%) of the Product’s Auction or “Buy it Now” purchase price.
15. WAIVER, RELEASE AND LIMITATIONS ON LIABILITY. IN CONSIDERATION OF PARTICIPATION IN GSA AUCTIONS OR “BUY IT NOW” LISTINGS, YOU, FOR YOURSELF, YOUR HEIRS, AGENTS, SUCCESSORS, AND ASSIGNS, GENERALLY AND SPECIFICALLY WAIVE AND RELEASE, AND FOREVER DISCHARGE GSA, AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS, RIGHTS, DEMANDS, CAUSES OF ACTION, ARBITRATIONS, LAWSUITS, OR OTHER LEGAL PROCEEDINGS, OF WHATEVER KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO CLAIMS BASED UPON GSA’S ALLEGED NEGLIGENCE OR DIFFERING OPINION AS TO GRADE, WHETHER IN LAW OR EQUITY, TORT OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH YOU MAY ASSERT WITH RESPECT AND/OR ARISING OUT OF, OR IN CONNECTION WITH ANY CHALLENGE TO THE TITLE TO OR AUTHENTICITY OF ANY PRODUCT PURCHASED, THE SALE ITSELF, ANY PRODUCT/LOT BID UPON OR CONSIGNED, THE AUCTION, OR THE “BUY IT NOW” LISTING, EXCEPT WHERE SUCH CLAIM IS OTHERWISE EXPRESSLY AUTHORIZED IN THIS AGREEMENT. IT IS YOUR INTENTION THAT THIS WAIVER AND RELEASE SHALL BE EFFECTIVE AS A BAR TO EACH AND EVERY CLAIM THAT MAY ARISE HEREUNDER OR BE RELATED TO THE SERVICES, AUCTION, “BUY IT NOW” LISTING, THE SITES, AND/OR THE PRODUCT(S), AND YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL PURPORTED RIGHTS AND BENEFITS OTHERWISE CONFERRED UPON YOU BY STATUTE OR COMMON LAW.
YOU ASSUME ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF GSA SERVICES AND THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GSA, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, OR REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, TIME VALUE OR OTHER PECUNIARY LOSS AND/OR CLAIMS UNDER THE TEXAS DECEPTIVE TRADE PRACTICES ACT OR SIMILAR STATUTE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE GSA SERVICES AND/OR SITES, OR NEGLIGENCE OF GSA OR OF ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR REPRESENTATIVES. ALL RIGHT TO A JURY TRIAL IS WAIVED. UNDER NO CIRCUMSTANCES WILL YOU SEEK ANY DAMAGES EXCEEDING THE AMOUNT PAID FOR AN ITEM OR LOT.
16. DISPUTE RESOLUTION, ARBITRATION AND REMEDIES. In consideration of the privilege to participate in GSA Auctions and sell or purchase Products through an Auction or “Buy it Now” listing, you accept the terms set forth in this Agreement and specifically agree to the dispute resolution provisions provided herein.
a. Exclusive Dispute Resolution Process: All Claims, disputes, or controversies arising out of, in connection with, and/or relating to: (i) your use of the Sites, (ii) participation in an Auction or “Buy it Now” listing, (iii) purchase or sale of a Product, (iv) any interpretation of the Terms or any amendments thereto, (v) any description of any Product/lot or condition report, (vi) any damage to any Product, (vii) any alleged verbal modification of any Term or condition report or description, and/or (viii) any purported settlement whether asserted in contract, tort, under federal or state statute or regulation, or any claim made by you concerning a Product or your participation in an Auction or “Buy it Now” sale involving a warranty or representation of a consignor, other person, or entity, including GSA (collectively a “Claim”) shall be exclusively heard by, and the claimant (or respondent) and GSA each consent to the Claim being adjudicated through confidential, binding, in-person arbitration before a single arbitrator administered by and conducted under the rules of the American Arbitration Association (AAA) as the buyer’s sole remedy. The locale for all such arbitrations shall be in-person in Dallas, Dallas County, Texas. The arbitrator’s award may be enforced in any court of competent jurisdiction within Dallas, Dallas County, Texas. In the event a Claim must be litigated after an arbitration demand is filed with the AAA (including actions to compel arbitration, construe this Agreement, actions in aid of arbitration, or otherwise), such litigation shall be exclusively in the courts of the State of Texas, in Dallas County, Texas, and if necessary, the corresponding appellate courts. YOU EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY. YOU AGREE THAT IN-PERSON ARBITRATION IS YOUR SOLE REMEDY FOR ANY AND ALL CLAIMS AGAINST OR INVOLVING GSA.
b. Fees, Costs and Interest: Each party shall pay one-half of any anticipated arbitration fees to initiate the process. The prevailing party (a party that is awarded substantial and material relief on its liability and damage claim based on damages sought versus awarded or the successful defense of a Claim based on damages sought versus awarded) may be awarded reasonable attorney’s fees, costs and applicable pre- and post-award interest by an arbitrator and/or subsequent court of competent jurisdiction.
c. Remedies: Any Claim must be brought within two (2) years of the alleged breach, default, or misrepresentation or the Claim is waived. GSA’s maximum liability shall be limited to any commission and fees GSA earned on that Product. GSA in no event shall be responsible for consequential, incidental, compensatory, or any other damages (set forth herein including those claimed under the Texas Deceptive Trade Practices Act) arising or claimed to be arising from the Auction or “Buy it Now” sale. Exemplary and punitive damages are not recoverable and are waived. In the event GSA cannot deliver a Product or it is subsequently established that the Product lacks title, or other transfer or condition issue is claimed, in such cases the sole remedy shall be limited at most to rescission of the sale and refund of the amount paid by Bidder; in no case shall GSA’s maximum cumulative liability exceed the high bid on the Product, which bid shall be deemed for all purposes the value of the Product. In the event of an attribution error, GSA may, at its sole discretion, correct the error on the internet/Site, or, if discovered at a later date, refund Bidder’s purchase price without further obligation. Nothing herein shall be construed to extend the time of return or conditions and restrictions for return.
d. These Terms provide specific remedies for occurrences in the Auction or “Buy it Now” listing and delivery process. Where such remedies are afforded, they shall be interpreted strictly. You agree that any Claim shall utilize such remedies. In the event you make a Claim in excess of those remedies provided in these Terms, you agree that in no case whatsoever shall GSA’s maximum liability exceed the high bid on the Product, which bid shall be deemed for all purposes the value of the Product.
e. Failure to participate in the arbitration is a default and material breach of this Agreement.
f. GSA reserves the right to initiate a lawsuit, instead of arbitration, for any unpaid amounts due from Bidder to GSA, and the parties agree. GSA is entitled to the additional recovery of its costs, expenses, attorney’s fees, and interest in such matter if you breach any provision of these Terms and Conditions.
17.GOVERNING LAW AND VENUE. This Agreement, the Bidder Terms & Conditions, the Seller Terms & Conditions, and any Claim shall be determined and construed in accordance with Texas state law. Any and all Claims submitted to arbitration and subsequent litigation shall be exclusively heard by a single arbitrator (or subsequently by a court of competent jurisdiction) in Dallas, Dallas County, Texas, where all obligations under this Agreement are performable.
18.NOTICES. Except as explicitly stated otherwise, notices to you shall be given by email to the email address provide by you to GSA during the Seller/Bidder registration process. Notices to GSA shall be given by email to info@bidgoldstandard.com or by certified mail, return receipt requested (or other mail service providing delivery confirmation) to GOLD STANDARD AUCTIONS, LLC at 13859 Diplomat Drive, #150, Dallas, TX 75234. Emailed notices shall be deemed given twenty-four (24) hours after the notice email is sent, unless the sending party is notified that the email address is invalid within twenty-four (24) hours of being sent. It is your sole responsibility to keep GSA apprised, in writing, of your current email address at all times.
19. MISCELLANEOUS.
a. TERMINATION. Without limiting any other remedies, GSA reserves the right to terminate your use of GSA Services, with or without cause, at its sole discretion.
b. NO ASSIGNMENT. You shall not assign or transfer this Agreement, or any of its rights and obligations hereunder without GSA's prior written consent.
c. NO AGENCY. This Agreement does not give rise to any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between yourself and GSA.
d. USE AND OWNERSHIP OF DATA, IMAGES, AND TEXT. GSA owns all right, title and interest in and to all Auction and “Buy it Now” data, including images, videos, text, and all intellectual property rights therein and thereto. Seller expressly agrees that all data provided by a Seller to GSA for purposes of listing Seller’s Product(s) for Auction or “Buy it Now” listing through consignment, may be utilized by GSA for purposes of marketing, promotion, and advertising GSA and/or Services, Sites, Auctions, and “Buy it Now” listings. By accepting these Terms, you further consent to being contacted by GSA in the future via phone and email. In conformity with “do-not-call” regulations promulgated by federal and/or state regulatory agencies, your utilization of GSA’s Services and/or Sites and/or participation in a GSA Auction or “Buy it Now” sale, is affirmative consent to being contacted at the phone number and email address provided in your Seller or Bidder registration application and this consent shall remain in effect until it is revoked in writing. GSA may from time to time contact you concerning sale, purchase and/or auction opportunities available through GSA and its affiliates.
e. AUCTION DATES AND TIMES. Auction dates and times are set by GSA and/or the Seller and are subject to change without notice.
f. CONTACT INFORMATION. Should you have any questions concerning this Agreement, or if you desire to contact GSA for any reason, please email at info@bidgoldstandard.com or call GSA at (972)800-6456.
Last Updated 25 October 2023 Gold Standard Auctions, LLC
