Auction Terms & Conditions

(Updated 8/24/2011)

 

 

1. BIDDER REGISTRATION:

Please register online at www.imperialsportsauctions.com. Any person participating in or who registers for the auction agrees to be bound by and accepts these Terms and Conditions of Auction. Only registered bidders may bid in the auction. You may not register the day of the auction – no exceptions. If you've forgotten your Bidder ID or Password, you can go to the bidder registration link on our website and follow the procedure for retrieving your Bidder ID or Password.  If any registration issues arise, please contact us via email, or call (210) 745-2925. 

As part of their registration, new bidders must provide satisfactory credit references including at least two sports collectibles-related business references. This may include a combination of another auction firm or eBay account. If you are new to auctions and would like to discuss your registration or have questions, please feel free to email or call us. If the bidder is other than a natural person (e.g. a corporation, limited liability company or other entity), the person registering the bidder personally guarantees performance and payment by the registered bidder. We reserve the right in our sole discretion to refuse to register a bidder or to refuse to accept bids from anyone.

2. BIDDING INFORMATION:

Items are sold to the highest bidder. Bids may be accepted one of four ways: Online, phone, fax, or by mail. To bid online, you must be a registered user and be in acceptance of all terms. To place a telephone bid, please call us at (210) 745-2925. Please use ceiling bids and get them in early to avoid any late bidding disruptions. Online bidding provides the most efficient means of bidding for most clients; we strongly suggest using this method to place your bid(s).

 

"15 Minute Rule" - A fifteen minute rule will apply after 9:00 PM Central Standard Time (CST).  If any bids are received on any lot during the 15 minute time period, then the auction will remain open for an additional 15 minutes.  This will continue until there are no bids on any lots for a 15 minute time period. At that time, the auction will automatically close and each lot will be awarded to the highest bidder. To participate in the extended bidding portion of the auction, you must place a bid on the lot(s) your are interested in prior to 9:00 PM CST on Thursday, April 28th 2012. If you have not placed a bid on the lot(s) prior to 9:00 PM CST, you will not be able to bid during the extended bidding portion of the auction. There are no exceptions to this rule.

Example A: Place a bid prior to 9:00 PM CST on Lot #1 and you will be able to continue bidding on lot #1 after 9:00 PM CST.

Example B: Place a bid prior to 9:00 PM CST on Lot #1 and then you wish to bid on lot #2 after 9:00 PM CST. This is not permissible.

 

a) Bid Accuracy: Bidders are responsible for accurately executing their bids. Once a bid has been placed by any method, it cannot be retracted.

b) Minimum Bid or Reserve Price: Each lot has a minimum bid, and in many cases this value is 25-50% of the estimated value of the given lot.  Some lots may have a reserve price. If a particular lot does have a reserve, it will be notated in the auction.  There are no hidden reserves in our auctions.

c) Bidding Increments: You may only bid in the increments as set forth below based upon the lot’s or item’s last bid.

 

Last Bid

 Bidding Increment

 $   100

 - 

 $     499

 = 

 $     25

 $     500

 - 

 $     999

 = 

 $     50

 $  1,000

 - 

 $  2,999

 = 

 $   100

 $  3,000

 - 

 $  6,999

 = 

 $   250

  $ 7,000

 - 

 $ 12,499

 = 

 $   500

 $12,500

 - 

 $ 29,999

 = 

 $ 1,000

 $30,000

 - 

$ 69,999 

 = 

 $ 2,500

$70,000

-

$149,999

=

 $ 5,000

 $150,000 - and up
 = $ 10,000

 

d) Ceiling Bids: "Ceiling" bids may be placed on lots or items. Ceiling bids must conform to the proper bidding increment based on a lot's high bid at the time a ceiling bid is placed as shown above. All ceiling bids are completely confidential.  Imperial Sports Auctions will not have access to view any ceiling bids as there is a security block on all ceiling bids preventing this.  Ceiling bids are visible and known only to the bidder. 

e) Right to Withdraw: Any lot may be withdrawn at any time, for whatever reason deemed necessary by Imperial Sports Auctions.

f) Bids by Consignors on Consigned Lots: Absolutely no bids will be accepted by consignors on their own respective lot(s). 

g) Bidding Extensions: If for any reason the auction is interrupted during the final two days of the auction, including internet service difficulties, ISA may extend the bidding period at its sole discretion.

f) House Accounts: ISA does not own a “house account.”  Under no circumstances will ISA place bids on any lot in the auction for the purpose of driving the price higher.

 

3. WINNING BIDDERS:

a) Buyer's Premium: A Buyer's Premium equal to 16% of the sale price shall be added to all winning bids. For example: If you’ve won a lot with a high bid of $1000, you will be billed a total of $1160 (plus applicable postage, handling, and insurance charges). This rate is among the lowest in the industry.

b) Results and Notifications: Final auction pricing will be made available online immediately following the sale at www.imperialsports.net  Winning bidders will receive notificationand invoices via email. A copy may be available via US Mail if desired by the winning bidder.

c) Payment: Accepted forms of payment are: Personal checks, Cashiers Checks, Money Orders, and wire transfers (for bids exceeding $10,000 only). Personal checks will require 7-10 days to clear before item(s) are shipped. No credit cards will be accepted from bidders within the United States. International Clients Only: To help accommodate our overseas clientele, credit cards will be accepted for international bidders only and must be pre-approved prior to the conclusion of the auction. If you have not been pre-approved for this option prior to the closing day of auction, you will not be granted a credit card payment option. A 4% fee will be added to the buyer’s premium in such cases resulting in a total of 20% buyer’s premium when using a credit card as payment.  Payment is due within 14 days of the close of the auction. Late Fees: ISA shall also be entitled to charge late fees equal to 1.5% per month (or the highest rate permitted by law if less than 1.5% per month) on any invoice not paid when due. Additionally, the bidder shall also reimburse ISA any costs and expenses incurred by it, including actual attorney fees. Bidder grants ISA a security interest in all items purchased to secure any outstanding indebtedness to ISA (whether from purchase of the items themselves or other items), and agrees that ISA may file any financing statement required under the Uniform Commercial Code. Bidder agrees that ISA may exercise all the rights of a secured party under the Uniform Commercial Code, including the right to re-sell the collateral item(s) and apply the proceeds to Bidder's indebtedness and to reimburse ISA for costs related to the resale.

d) Insurance and Shipping or Postage: Winning bidders agree to pay an additional fee for insurance (equal to the winning bid amount plus the buyer's premium) and shipping or postage charges on all lots. This fee will be added to the winning bidder's final auction invoice. For winning bidders outside of the United States, the full value of the package (winning bids plus buyer's premium) will be declared on all customs forms. There are no exceptions to this rule.

e) Taxes: Lots or Items delivered in the State of Texas are subject to 8.25% Texas Sales Tax, unless a valid resale certificate is provided prior to delivery. Bidders agree that they are responsible for all sales, use, and other taxes applicable to their purchase, and for any interest or penalty related to unpaid tax, regardless of whether ISA collected such taxes at the time of the purchase. Bidders agree to indemnify and hold harmless ISA from any such taxes or liabilities.

 

4. Authentication and Grading of Lots:

a) Lots with Autograph Authentication: The majority of autographed lots will be reviewed by one of the top authentication services available: PSA/DNA or JSA (James Spence Authentication). With each specific auction lot, ISA will deem which service was used and what, if any, corresponding documentation will come with the given lot. PSA/DNA offers both a "Pre-Certify" and "QuickOpinion" service, thus a review of a given lot and guarantee of approval from them. Items which have been "Pre-Certified" or have passed "QuickOpinion" by PSA/DNA are eligible for upgrade to a full LOA (Letter of Authenticity) or COA (Certificate of Authenticity) at a discounted rate through PSA/DNA – please email us with any questions regarding this service. ISA makes no guarantee that an autograph which has been authenticated by one third party authentication firm will "crossover" and be deemed authentic by another company. No return available on autographed lots which employ one of the aforementioned servies in sec 4, title a – all sales are final. The only exception to this rule is if a lot which employed the "QuickOpinion" service does not pass the full PSA/DNA authentication process (or JSA should the winning bidder choose). Winning bidders may submit their autographed lot ("QuickOpinion") within sixty (60) days of the auction closing and upgrade to a full Letter of Authentication(LOA). 

b) Autographed Lots (Not Authenticated): In the instance when an auction lot does not contain thiry party authentication, the statement "This lot is guaranteed to pass PSA/DNA or JSA authentication" may be included in the auction lot description. This guarantees the winning bidder that all the autographs in that lot are guaranteed to pass either PSA/DNA or JSA authentication. The winning bidder is allowed up to forty-five (45) days from the auction closing date to utilize this "guarantee" from ISA. After forty-five days from the auction closing, this option is null and void.

In rare cases, a lot which contains autograph(s) within our auction may not include: i.) supporting documentation from a third party authenticator or ii.) "This lot is guaranteed to pass PSA/DNA or JSA authentication" statement. In this specific case, there may be additional provenance provided by the consignor, for example, a notarized letter stating the history of how the autograph(s) were obtained. These lots are not eligible for return under any circumstance.

c) Grading of Autographs: Grading is based on boldness and clarity of the signature – on a scale of ‘1-10’. All grading is subjective, no matter who states the grade. We pledge to accurately grade a signature’s strength to the best of our ability. However, ISA makes no guarantee that a third party will concur with our grades set forth.

d) Grading of Cards (Graded & Ungraded): Most cards offered in ISA's auctions will be graded by an independent, third party grading company such as PSA, SGC, GAI or Beckett. ISA makes no guarantee that a grade from one third party grader will “crossover” to another company.  All grading is subjective. All cards which are graded by a third party grading service are not eligible for a return. Ungraded cards will be scrutinized by ISA and assessed with a grade. However, ISA does not guarantee the grade we set forth will concur with a third party grading service.

e) Auction Lot Description and Images: Auction lots are described to the best of our ability.  Please read the auction lot descriptions thoroughly. Images contained on each auction lot page of the website may have slight variances in color and contrast on different internet browsers; i.e. Internet Explorer, Firefox, Safari, Chrome, etc.      

 

5. Authenticity:

ISA verifies the authenticity of all the material offered in the auction. All items are sold as 100% genuine. In many cases, ISA employs third party firms for authenticity relative to autographs, cards, game used items, etc. 

 

6. Warranty and Return:

a) All Sales are Final.  There is no return available. ISA's auctions are mostly comprised of consignments. All items are described to the best of our ability. If you have any questions about a particular lot, please email or call us prior to bidding.

b) No Representations and Warranties: The specific attributes of particular items may have a material impact on their value. Bidders assume all risk thereof. No employee or agent of ISA is authorized to make any representations or warranties regarding the characteristics of items sold by ISA or the correctness of descriptions or information. Any description or information made or given by anyone at ISA as to any aspect of the auction or any lot or item in the sale, including but not limited to grade, quality, designation, variety, rarity, provenance, population, historical relevance, value or potential profit or loss related to your purchase of a lot or item are opinions or qualified statements and not representations or warranties upon which a bidder can rely. Some items or lots are graded. ISA relies on the opinions of leading certification or grading services, and supplies information relating to certified or graded items only for the convenience of bidders. For items that are not certified or graded by an independent service, ISA makes no representation as to whether or not any independent grading service will certify the item or its grade. Bidders should thoroughly investigate any lot or item in which they have an interest. ISA MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS OR CONDITION OF ANY LOTS AND ITEMS BEING SOLD. FURTHER ISA'S LIABILITY TO BIDDERS IN CONNECTION WITH ANY CLAIM ARISING FROM THE SALE OR PURCHASE OF AN ITEM IN AN ISA AUCTION IS LIMITED TO REIMBURSING THE BIDDER FOR THE SUMS ACTUALLY PAID TO ISA FOR THE LOT OR ITEMS, AND ISA SHALL NOT HAVE ANY LIABILITY FOR COMPENSATORY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM A PURCHASE OF ANY ITEM AT AN ISA AUCTION.

 

7. Additional Terms:

a) Title: ISA obtains and relies on representations and warranties from its consignors that the consignors own the items consigned and are legally entitled to sell those items. ISA MAKES NO REPRESENTATION OR WARRANTY OF TITLE FOR CONSGNED LOTS AND ITEMS. Bidders are encouraged to make their own investigations of title.

b) Release and Indemnity: Except for any failure of ISA to adhere to these terms and conditions, bidder hereby releases, discharges, and covenants not to sue ISA, its owners, officers, employees and agents (Releasees) from all liability, claims, demands, losses, or damages caused or alleged to be caused in whole or in part by any act or omission of the Releasees and further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, anyone on a bidder's or consignor's behalf, makes a claim against any of the Releasees, the bidder or consignor will indemnify and save and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.

c) Texas Law, Jurisdiction and Venue: These terms and conditions shall be construed and enforced in accordance with law of the State of Texas (excluding choice of law rules). Bidders agree that the lots or items are located in Texas, the auction is taking place in Texas, that an agreement based upon these terms and conditions was made in Texas, and that the courts of the State of Texas have jurisdiction over the parties and any claims or controversy in any way related to the agreement, these terms and conditions and the auction and, further, that any claim or controversy arising out of or involving this agreement or the auction shall be brought in the appropriate court of the State of Texas, located in Bexar County, Texas. The parties agree to waive any right to trial by jury in any such proceeding to the fullest extent allowed by law and that in the event ISA is the prevailing party in any proceeding, it shall be entitled to recovery of its actual attorney's fees and costs incurred, whether or not such recovery is otherwise authorized by statue.

d) Binding Effect: By bidding in the sale all bidders acknowledge that they have read and understand these Terms and Conditions, that there are no written or oral agreements of any nature between the bidder and ISA not specifically contained herein and that they agree to be bound by these Terms and Conditions.

 

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. Imperial Sports Auctions’ 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 Imperial Sports Auctions 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 Imperial Sports 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 selves and to maintain and update this information as required to keep it current, complete and accurate for our records. 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 Imperial Sports Auctions reserves the right to modify or discontinue the service with or without notice to user. Imperial Sports Auctions 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 Imperial Sports Auctions 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. Furthermore, this Auction Site reserves the right to refuse service to anyone for any reason whatsoever.

REGISTRATION & ACCOUNT SECURITY Users agree to provide true and accurate information about them selves 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. Imperial Sports Auctions may, at its sole discretion, immediately terminate Service should user's conduct fail to conform to these Terms of Service and User Agreement.

OTHER LIMITATIONS Imperial Sports Auctions retains the right, at our sole discretion, to determine whether or not a user's conduct is consistent with the letter and spirit of this Agreement. This Auction Site reserves the right to terminate service if a user's conduct is found to be inconsistent with these Terms of Service and User Agreement.

BIDDING AND BUYING Imperial Sports 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 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 Imperial Sports 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. Imperial Sports Auctions makes no warranty that the service will meet everyone’s requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does Imperial Sports 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. Imperial Sports 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 Imperial Sports 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 certain users.

LIMITATION OF LIABILITY Imperial Sports 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 Imperial Sports 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 certain users.

INDEMNIFICATION User agrees to indemnify and hold Imperial Sports 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.