Terms and Conditions of Sale
For purposes of these Terms and Conditions, the following phrases, names and terms shall have the following meanings: GBSR means Superior Sportcard Inc., a Michigan corporation, located in Traverse City, Michigan, doing business as Greg Bussineau Sports Rarities; You means a person or entity who purchases an Item(s) from GBSR; Item means any item offered for sale from GBSR; Third Party means an individual or entity who, independent of GBSR, renders an opinion as to the Authenticity and/or Grade of an Item; Authentic means not a counterfeit and not a reprint; Grade means a numerical and/or adjectival assessment of the quality of an Item; Description means an observational assessment of the appearance of an Item. Undefined words or phrases are given their common meaning in the trade of collectibles, where applicable.
These Terms and Conditions constitute a binding agreement between You and GBSR. You should read these Terms and Conditions very carefully before purchasing an Item(s) from GBSR. GBSR encourages You to retain legal counsel to advise You about these Terms and Conditions. If You have any questions about these Terms and Conditions, You may contact GBSR by telephone at 231-357-8037, or by email at email@example.com. However, these Terms and Conditions may not be modified, nor may You rely upon statements or representations different from or contrary to these Terms and Conditions, unless fully executed by GBSR and You as a written amendment to these Terms and Conditions. You acknowledge that You are at least 18 years old, are of sound mind, and that You understand and agree to be bound by these Terms and Conditions. These Terms and Conditions supersede any previous Terms and Conditions.
Payment and Satisfaction of Invoice: All monies due shall be paid in United States Dollars. Payment in full shall be made within 7 days of the date of sale. Payment may be made by: personal checks, bank drafts, money orders, wire transfers, and Paypal. Payments by mail should be submitted to: Greg Bussineau Sports Rarities, PO Box 6047, Traverse City, MI 49696. Please contact GBSR for bank wire payment information. GBSR may withhold shipment of any Item(s), in its sole discretion, until GBSR has received payment and satisfaction of all invoices submitted to You. Payments to GBSR shall be deemed received when funds have been received by GBSR’s bank and have cleared the banking process. To comply with United States Treasury requirements, GBSR will submit Treasury Form 8300 when You submit payment of $10,000 or more by more than one bank draft or money order, for which each has a face value of less than $10,000. Personal checks and wire transfers are exempt from the reporting requirement.
Taxes: GBSR will collect sales tax on any Item(s) delivered within the State of Michigan, unless You provide GBSR with a completed, signed and dated Michigan Sales and Use Tax Certificate of Exemption Form 3372 prior to shipment. Every purchaser, for whom delivery is made outside the State of Michigan, is responsible for any sales, use, and other taxes applicable, and for any interest or penalty related to unpaid tax, regardless of whether GBSR collected such taxes at the time of purchase. You agree to indemnify and hold harmless GBSR from any such taxes or liabilities.
International Orders: GBSR does not accept any international orders.
Method of Delivery and Shipment: Item(s) will be shipped via Federal Express with Direct Signature Required. If you would prefer Item(s) to be shipped via USPS, please contact GBSR prior to shipment.
Risk of Loss in Shipment, Notice of Loss or Damaged Contents, and Time Limitation on Loss or Shipping Damage Claims: GBSR ships Item(s) as soon as is practicable upon receipt of payment from You, unless other arrangements have been made. From time to time, the contents of a shipment may be damaged, or the shipment lost, and for that reason GBSR obtains insurance to help protect against a loss to You arising from a damaged or lost shipment. It is the intention of GBSR to permit a claim against this insurance when a shipment is lost, or its contents damaged, to the same extent that insurance is available. Therefore, GBSR assumes the Risk of Loss until the date and time that the carrier confirms delivery of a shipment to the address on file for You.
To allow GBSR time to make an inquiry with a carrier, or provide notice to its insurance agent, it is imperative that You maintain prompt communication with GBSR in the event that the contents of a shipment are damaged, or a shipment is not delivered in the appropriate timeframe. Therefore, You shall notify GBSR, in writing via email as well as by telephone, if You have not received the complete contents of shipment: i) within 3 business days of shipment date for Federal Express Overnight or Federal Express 2-Day, ii) within 10 business days of shipment date for Federal Express Saver, Ground, or Home Delivery, and iii) within 21 days of shipment date for USPS Registered Mail. Further, You shall notify GBSR, in writing via email as well as by telephone, within 72 hours from the date of delivery, if the contents of a shipment have been damaged. Delivery shall be deemed made when carrier confirms delivery to the address on file for You. Notwithstanding the foregoing, GBSR is not, and shall not be deemed liable or responsible for any loss arising from the seizure or destruction of an Item(s) as a result of confiscation or damage by Customs, Department of Homeland Security, or any other governmental agency.
Any claim made by You for Loss or Damage in Shipping shall be brought no later than 30 days from the date of shipment, or shall be forever barred. You, and those claiming under You, waive and release GBSR from any liability for any loss arising under this section in an amount exceeding the actual purchase price You paid for Item(s) affected.
Return Privilege: GBSR offers a conditional 7-day Return Privilege period for any Item You purchase from GBSR, if you can show that a material error was made in the cataloging of the Item. The Return Privilege period shall begin on the date on which Item is delivered to You, and shall end 7 days later. In the event You return an Item to GBSR, You will be responsible to pay for shipping and insurance costs to return Item to GBSR. Any returned Item must be received by GBSR in its original, unopened holder with no evidence of tampering, with the original seal intact, and in the same condition as when GBSR originally shipped Item to You, otherwise the Return Privilege is null and void. After the expiration of the 7-day Return Privilege period, all sales are final, and no Item will be accepted for return.
Right to Rescind Sale: In addition to any other remedy, GBSR reserves the right to rescind or nullify a sale at any time if You have not satisfied Your obligation to pay for Item(s) purchased within 7 days of the date of the sale, as well as, but not limited to, for issues of disputed ownership, authenticity, clerical or mechanical errors, typographical or cataloging errors.
Right to Refuse Order: GBSR reserves the right, in its sole discretion, to refuse an order from any prospective purchaser for any reason whatsoever.
All Items Subject to Prior Sale: All Items listed for sale by GBSR are subject to prior sale.
All Prices Subject to Change: All prices on all Items listed for sale by GBSR are subject to change without notice.
INFORMATION, GRADING AND DESCRIPTIONS:
Population Figures/SMR Values/Set Registry Information: Items offered for sale by GBSR may have received a Grade or Authentication from a Third Party. Some Third Parties compile reports listing the quantity of a particular item they have certified or authenticated, also known as a Population Report. Professional Sportscard Authenticator (PSA) compiles a price guide, the Sportscard Market Report (SMR), that estimates the various values of items which they have graded and encapsulated. Some Third Parties provide a Set Registry, whereby collectors can register and enter information about a particular set or group of items they own and receive an overall rating and numerical ranking for said set or group of items.
From time to time, GBSR provides Population Figures, SMR values, and Set Registry information as part of the cataloging of Items offered for sale. When provided, this information is generally current and accurate at the time the Item(s) is catalogued. However, this information frequently changes as new items are graded and authenticated, market prices change, and sets are added, withdrawn and amended from their registries. GBSR provides this information solely as a convenience to prospective purchasers, and does not intend for this information to, nor should it, be used as the basis for purchasing an Item(s). A prospective purchaser is responsible to perform their own investigation and due diligence with the Third Party prior to purchasing an Item(s) in order to ensure the accuracy, timeliness, and correctness of any information provided. No refund or return privilege will be permitted as the result of a change in any of this information between when Item was catalogued and when You purchase Item.
Typographical and Cataloging Errors: Typographical and cataloging errors may occur from time to time. Whenever an error has been made that materially affects the value of the Item(s) You purchased, Your sole and exclusive remedy shall be a refund of the actual purchase price You paid for the Item(s) involved – subject to the terms of GBSR’s Return Privilege policy. Since it is Your responsibility to perform Your own investigation and due diligence with a Third Party regarding Population Figures, SMR Values, and Set Registry information, no refund or return privilege will be permitted for typographical or cataloging errors involving Population Figures, SMR Values, or Set Registry information.
Grading, Descriptions, and Disclaimer of All Warranties: Items offered for sale will generally be given a Grade and sometimes a Description and Narrative. A Grade is a numerical or adjectival assessment of the quality of an Item based on the opinion of the person examining the Item. A Description is an observational assessment of the appearance of an Item based on the opinion of the person examining the Item. A Narrative may include comments regarding the subject featured on an Item, the rarity of an Item, the provenance of an Item, the cataloger’s experiences with the Item or similar items in the past, the historical significance or popularity of the Item, the value of the Item, etc. A Grade and a Description, and some elements of a Narrative, are highly subjective and can vary considerably from person to person. Also, the industry standards used to determine a Grade have changed over time, and will most likely change in the future. When GBSR assigns a Grade, or provides a Description or Narrative of an Item, it is intended solely for the convenience of a prospective purchaser and is not a warranty or representation of any kind. No Grade, Description, or Narrative on any Item is intended, nor may be interpreted, as a substitute for Your own due diligence, and investigation.
GBSR does not warrant or represent that any Third Party will assign the same Grade GBSR has given to an Item offered for sale, nor does GBSR warrant or represent that any Third Party will assign any Grade to an Item offered for sale. It is possible that non-Third Party Items were in the past submitted, either with or without the knowledge of GBSR, to a Third Party and were assigned either a lower Grade than GBSR has assigned to Item, or not assigned a Grade.
EVERY ITEM OFFERED FOR SALE, WHETHER THIRD PARTY CERTIFIED OR NOT, IS OFFERED "AS IS" AND "WITH ALL FAULTS." GBSR MAKES NO WARRANTY OF ANY TYPE OR KIND AS TO ANY ITEM OFFERED FOR SALE. ANY EXPRESS WARRANTY THAT MAY BE INTREPRETED FROM THESE TERMS AND CONDITIONS, OR UNDER ANY STATE OR FEDERAL LAW IS HEREBY DISCLAIMED. GBSR EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF ANY TYPE OR KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT ANY ITEM MAY BE USED AS EXPECTED.
Third Party Certified: Many Items offered for sale have been certified and encapsulated by a Third Party. The Grade assigned to an Item by any Third Party and the determination of Authenticity given to an Item by any Third Party is the opinion of the Third Party. GBSR does not warranty the Grade or Authenticity of any Third Party certified and encapsulated Item. It is possible that Third Party certified and encapsulated Items were in the past submitted, either with or without the knowledge of GBSR, to either the same Third Party or a different Third Party and received a different Grade or did not receive certification or a Grade. Furthermore, GBSR does not warrant or represent that if an Item currently certified by a Third Party were to be resubmitted to either the same Third Party or a different Third Party, it would be assigned the same Grade or that it would receive certification or a Grade. Some Third Parties offer a Grade guarantee. It is a prospective purchaser’s responsibility to perform a thorough investigation and due diligence of the Third Party’s Grade guarantee, if one exists, prior to purchasing an Item(s). In the event of a claim or controversy involving an Item certified and encapsulated by a Third Party, Your sole and exclusive remedy shall be to seek relief, if any is available, from the Third Party.
THIRD PARTY CERTIFICATION WILL NOT GUARANTEE OR PROTECT ANY ITEM OFFERED FOR SALE AGAINST NORMAL RISKS ASSOCIATED WITH POTENTIALLY VOLATILE MARKETS. THE DEGREE OF LIQUIDITY FOR THIRD PARTY CERTIFIED ITEMS WILL VARY ACCORDING TO GENERAL MARKET CONDITIONS AND THE PARTICULAR ITEM INVOLVED. FOR SOME ITEMS, THERE MAY BE NO ACTIVE MARKET AT ALL AT CERTAIN POINTS IN TIME. YOU ACKNOWLEDGE THAT, WITH RESPECT TO VALUE, THE PURCHASE OF ANY ITEM IS SPECULATIVE, THAT YOU ARE ABLE TO BEAR THE ECONOMIC RISK THAT THE ITEM MAY NOT HAVE THE VALUE WHICH YOU THINK THAT IT HAS, AND THAT YOU CAN AFFORD A COMPLETE LOSS OF THE AMOUNT WHICH YOU HAVE PAID FOR SUCH ITEM.
ANY STATEMENT OR WARRANTY THAT MAY EXIST IN FAVOR OF YOU ARISING FROM CERTIFICATION BY A THIRD PARTY IS SOLELY BETWEEN THE THIRD PARTY AND YOU, AND GBSR EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ANY TYPE ON ANY THIRD PARTY CERTIFIED ITEM.
RELEASE AND INDEMNITY:
You hereby release, discharge, and covenant not to sue GBSR, 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 Your behalf makes a claim against any of the Releasees, You 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.
DISPUTES AND LIMITATIONS:
Michigan Law, Jurisdiction, and Venue: These Term and Conditions, and any dispute that may occur between GBSR and You under these Terms and Conditions, or arising from any Item(s) You purchased from GBSR, is governed by and shall be interpreted according to the laws of the State of Michigan. You further consent to jurisdiction exclusively in the State of Michigan, and venue in Grand Traverse County, Michigan, and hereby waive any objection You may have a right to assert regarding jurisdiction or venue. In the event that this agreement and consent is deemed inapplicable or unenforceable due to diversity or original jurisdiction of the federal courts, the parties agree and consent that any claim or action brought in federal court, or removed to federal court from state court, shall be filed in or removed exclusively to the Federal District Court for the Western District of Michigan. In any legal proceeding authorized hereunder, the parties waive their right to a jury trial.
Time Limitation on Claims: Unless a shorter time period is stipulated otherwise in the Terms and Conditions in regards to a specific type of claim, any claim or action brought against GBSR by You under these Terms and Conditions, or arising from any Item(s) You purchased from GBSR, shall be brought no later than One Year from the purchase date of the Item(s) for which a claim is being made. Any claim or action not brought within the One Year limitation is forever barred. You hereby waive any right or remedy inconsistent with this limitation.
Limitation on Damages: IN NO EVENT WILL GBSR BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER. You and GBSR agree that the maximum liability of GBSR to You, in contract or in tort, for any damages, shall not exceed: the actual purchase price You paid for the Item(s) for which a claim is being made.
Severability: The invalidity or unenforceability of any particular provision in the Terms and Conditions shall not affect the other provisions hereof, and the Terms and Conditions shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
Binding Effect: By purchasing an Item(s) from GBSR, You acknowledge that You have read, understand, agree to, and shall be bound by these Terms and Conditions. You further confirm that there is no other agreement, verbal or written, which governs or controls the relationship between You and GBSR as to any aspect of the transaction, that is not expressly referred to herein.
Right to Contact: You agree that as a result of Your purchasing an Item(s) from GBSR, GBSR shall have the right to contact You at any time and by any method, including telephone, email or direct mail for any purpose related to the subject matter of these Terms and Conditions.