Interesting Terms Of Service From Stressed EBAY Seller
storm888
Posts: 11,701 ✭✭✭
The stress must have been too much.
He has written "Moby Dick, Part 2."
The following nonsense appears in all of his listings.
He has even advocated filing lawsuits against buyers who leave NEGs.
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** TERMS AND CONDITIONS**: The vast majority of Ebay auctions are very simple for most Buyers – bid, buy, pay promptly – and receive. However, as 1% of the other sales are not so simple, it is necessary to have the following Auction terms and conditions which specify the contractual obligations of the winning bidder. Since we cannot tell which auctions are going to be smooth transactions, and which will not, it is necessary that we require all Ebay members to be responsible for reading, understanding and accepting the following terms and conditions prior to bidding. In addition, please take the time to read the Ebay Bidding Tutorial which is located on the Ebay Site search window. Please contact us prior to bidding if you have any questions.
*************************************************************
TERMS AND CONDITIONS
CONTENTS:
Purpose
About Us
Acceptance of Terms & Conditions
Ebay Member Questions Posted on Auction Site/Revisions to Description
1.Bid with Confidence
2.Digital Auction Photos
3. Payment Terms
4. Invoice
5. Shipping & Handling Charges – USA Destinations – International Members
6. Shipping & Delivery Schedules/Time Frame
7.Buyer Pays ALL Shipping & Handling Charges
8.Packaging Materials
9.The Ottawa Illinois UPS Store
10. International Members
11. Non-Paying Bidders – Unwelcome Bidders - Penalties
12. Illinois Sales Tax – applies to Illinois residents only
13. Insurance Claims – procedures
14. Auction/Bid Cancellation - Ending Auction Early
15. Members with “0” feed back
16. Bidder’s Bid Responsibility
17. Feedback Policies
18. Transfer of Title
19. Refund Policy
20. Bidding Strategy – Suggestions
****************************************************************************
PURPOSE: Intent of Terms and Conditions is to provide contractual guidelines for Buyer and Seller, and are in addition to all applicable Ebay/Paypal policies & rules. For purposes of continuity, our auction terms and conditions must be narrowly and clearly construed as intended by the Seller - no term, condition or descriptive information in this auction may be used, interpreted, or applied in violation of applicable Ebay Policies and Rules. If you should have any question or concern as to the meaning or application of any section, please contact Seller prior to bidding to resolve your concern.
ABOUT US: We are nationally certified personal property appraisers and have been buying, selling and collecting antiques & collectibles for over 35 years. Special care is taken to describe every item put up for auction, including full descriptions of physical condition, dimensions, color and approximate appraised value. All pottery & glass is blacklighted – pottery is also acetoned to check for repairs. Rare books are thoroughly reviewed for pagination, illustrations, completeness and detailed condition. Art work is reviewed by staff members to develop as complete and accurate detailed description as possible. All items are marked with a blacklight pen for security, and packaging process is camera recorded.
ACCEPTANCE: By placing a bid, bidder unconditionally agrees to the Terms and Conditions contained herein, without exception.
REVISIONS TO DESCRIPTION: We will post additional relevant & factual information, from our own research, and that offered by eBay members, on the auction site. This information is a part of the description - please read them prior to bidding. Additional informative, descriptive and corroborated information from experienced and knowledgeable collectors is always welcome. Due to the ridiculous amount of spam, spyware, and viruses that plague Microsoft Windows operating systems, we do not respond to emails outside of the Ebay email thread - please send all questions and communications via the Ebay email thread.
(1). BID WITH CONFIDENCE. We strive to give as thorough a description as humanly possible, and provide supersized photos whenever possible for detailed views of color, style, and condition – we never intentionally omit or hide any condition problem or inaccurately describe any item. However, we are not perfect and honest mistakes can happen - which is why we have and a refund policy (see below). Please note that Ebay has a Bidding Tutorial – if you are new to Ebay, please take the Bidding tutorial before bidding - it is fun and you will pick up excellent tips for a successful and pleasant eBay Auction experience!
(2).DIGITAL AUCTION PHOTOS: Bidders are solely responsible for viewing all photos prior to bidding. Please use the SUPER SIZED PHOTOS feature when available to see even more detail. Additional photos available for viewing by email on request. True color on all photos is between light and dark photos, and will be affected somewhat by the technical settings on your monitor. Various colored backgrounds may be used to demonstrate the affects on the item of surrounding color and lighting. White spots/white out areas are due to digital flash. **PHOTOS ARE PART OF ITEM DESCRIPTION AND REFLECT OVERALL CONDITION** Contact seller to request additional photos if needed.
(3). PAYMENT TERMS: USA BUYERS: ** Payment is due promptly at the end of the auction. We accept Paypal (but not paypal “E-check”).
- NO PERSONAL CHECKS - we do NOT accept personal or business checks.
-MONEY ORDER or U.S. Bank Certified Check is OK IF MAILED IMMEDIATELY AFTER THE CLOSE OF THE AUCTION. You must email us with the date you have mailed your payment – otherwise we have no idea of your intentions, or when to expect your payment – which causes additional scheduling & packaging delays for shipping your item. Statements such as, "Payment will be mailed shortly" are NOT acceptable - IMMEDIATE PAYMENT IS REQUIRED - our auctions last 7 to 10 days which is plenty of time to prepare for prompt payment by the end of the auction. We reserve the right to resell the item and leave negative feedback if winning bidder has not communicated with us for three days after the auction. We strongly recommend, if mailing payment, that you send your payment with USPS Delivery Confirmation Tracking in order to independently verify date of mailing and date of receipt.
(4) INVOICE: Seller invoices winning bidder at end of auction – immediate payment is required. Please turn off spam blockers and email filters. Winning Bidder does not submit invoice – submitting your own invoice only delays the transaction process and increases handling fees.
-SORRY, NO LOCAL PICKUP FOR THIS ITEM.
(5). SHIPPING CHARGES – USA – SEE SHIPPING & HANDLING CHARGES STATED IN ABOVE ITEM DESCRIPTION. CHARGES QUOTED IN ITEM DESCRIPTION APPLY TO USA DESTINATIONS ONLY.
-USA Winning bidder pays all S&H charges – no after auction “negotiations”.
-All shipments to USA destinations MUST have tracking/delivery confirmation, and must be insured for at least the amount of the final auction price. Note: Delivery Confirmation is NOT the same thing as having insurance – your letter carrier can deliver your package to your mailbox or front porch, scan it in and “confirm delivery”, but your package can STILL be stolen! (yes, it does happen!!). Which is why we also REQUIRE insurance. To account for the cost of insurance, simply adjust your bid maximum down to account for the additional cost of insurance coverage required to cover your maximum bid – that way you are still within your budget.
-Buyer may opt to pack and ship with Ottawa UPS Store (see below). UPS shipment may be mandatory in some circumstances – see above shipping information in item description.
- Buyer responsible for procuring additional insurance coverage over and above auction price if so desired.
-SUGGESTION: Calculate your shipping and handling charges before placing a bid – that way you will know your total cost – auction price plus S&H charges – beforehand.. If you are unable to calculate your shipping and handling charges, or if they appear to be unclear to you, please contact us for assistance, or go to the USPS internet web site to calculate your approximate shipping charges using the shipping and handling, postal rate, tracking and insurance information provided above.
- P.O. Box destination addresses OR auction purchase price of $250 or more requires additional USPS $1.90 signature delivery confirmation fee.
- HUGE (OVERSISZED) OR EXTREMELY HEAVY packages that are not shippable via USPS must be shipped and packed by the UPS store – we do not have the capacity to pack extremely large or heavy items (e.g. furniture, anvils, large architectural items, etc). Buyer is responsible for arranging packaging and shipping of extremely large or heavy items.
-We always quote complete S&H charges so there are no “suprises”. Bidders are solely responsible for having read, understood, and accepted all S&H charges prior to bidding. Seller ships and packs via USPS only. (Note: Buyer may also opt to arrange for their own packing and shipping with the Ottawa, Illinois UPS Store if so desired).
-Oversized packages: USPS Non-machinable surcharge rate applies to packages exceeding 17.5 inches in length. USPS Oversize Rates apply for packages that exceed 108 inches up to 130 inches.
-Multiple purchases are allowed ONLY if each purchase is paid for promptly and immediately after its particular auction - we do not allow “stockpiling” of unpaid purchases. In addition, multiple purchases are shipped together unless, in our estimation, it would be unsafe or uninsurable (e.g. crystal stemware with an anvil).
If payment made by Paypal, WE SHIP ONLY TO PAYPAL CONFIRMED ADDRESS - no exceptions per Paypal Payment Guarantee Protection Policy. Paypal address must be a “Confirmed Address”. If payment made by other than Paypal, we ship only to the destination address listed as your official Ebay destination address. If you wish us to ship to a new address, you must change your current Paypal and EBay address to your new address – no exceptions per Paypal and Ebay policies.
(6). SHIPPING & DELIVERY SCHEDULES/TIME FRAME: We ship your auction item within two (2) business days following ACTUAL RECEIPT and DEPOSIT of prompt payment of funds from Buyer – Paypal delays actual deposit to our bank account for 3 to 5 days depending on the day of the week you initiate your payment – paypal does not transfer funds during weekends or holidays, which means payment that you initiate Thursday or Friday will not arrive at our bank until Monday or Tuesday. Payments you initiate Saturday or Sunday will not arrive at our bank until Wednesday or Thursday. Paypal payment is not “instant” – maybe they “instantly” take your money, but they do NOT “instantly” pay us!
- We do not ship on Saturday, Sunday or Holidays. Money order/ bank certified checks held two business days by our bank for security verification. USPS and UPS shipping/transit times vary - Seller not responsible for shipper ( UPS or USPS) delivery time frame – transit time is sole responsibility of the shipper, and may vary due to seasonal changes, holidays, etc.
- If your package is overdue, contact your post office (or UPS if shipped by United Parcel Service) – they may be holding it for you. Please note that late payment pushes back shipment schedule and causes shipping delay.
-If you believe your package has been mis-delivered, lost, rifled, damaged or stolen - contact Seller ASAP for assistance.
(7)BUYER PAYS ALL SHIPPING/HANDLING FEES: Auction item sold “where is” – Buyer responsible for payment of any and all shipping, packaging and handling costs (including tracking, delivery confirmation, insurance, and packaging materials) from Seller’s origin location – no exceptions, no post auction “negotiations”. Seller does not pay shipping charges for any reason, including lost, damaged, rifled, stolen, refunded or returned items. We do not make refunds for charges that are approximate or assessed - or any differences thereof – under any circumstances. Quotes for handling/packaging charges are approximate but always included in full in the total S&H charges quoted. Seller does not pay customs fees, duties, special pickup or “agency” charges, re-delivery fees, or import taxes - no exceptions. We have no control over USPS rates - if you do not like the USPS rates or our packaging and handling fees, contact us prior to the end of the auction to make arrangements so that you can pack and ship with the Ottawa UPS Store in Ottawa, Illinois. ( See section #9 below).
(8) PACKAGING MATERIALS: We package securely and economically using the highest standards and specifications in order to avoid damage during shipping - we do not cut back or skimp on packaging to save on shipping costs as adequate packaging helps prevent damage during shipping – please don’t ask us to reduce packaging weight as we will not ship inadequately packaged items, and the USPS will not consider insurance claims for insufficient packaging ( see our exemplary feedback on safe and secure packaging). Buyer special requests for expensive bubble wrap, foam, Styrofoam, air pillows, peanuts or other more costly and expensive packaging materials: buyer will be re-invoiced and assessed actual out of pocket cost for our purchase of expensive retail packing materials – otherwise we use available recycled packaging materials to save you money on packaging costs...
(9) OTTAWA UPS STORE (Ottawa, Illinois: telephone: 815-431-1600): Buyer may elect to ship and pack with the OTTAWA UPS STORE – buyer must make arrangements directly with the Ottawa UPS Store. If electing this option, Buyer must contact Seller and specify The Ottawa Illinois UPS Store as shipper, prior to bidding. Insurance and delivery confirmation are still required – UPS store must furnish copies of insurance & tracking to Seller. Please note that the Ottawa UPS Store packing and shipping service will usually easily be double or triple the fees charged for shipping and packing via the USPS. If payment for auction item made by PayPal, Buyer MUST ship to Paypal confirmed address – no exceptions. Oversized packages that are not shippable via USPS must be shipped and packed by the UPS store – we do not have the capacity to pack extremely large or heavy items (e.g. furniture, anvils, large architectural items, etc).
(10). INTERNATIONAL MEMBERS: sorry, this sale is not open to international bidders.
(11). NON-PAYING BIDDERS – UNWELCOME BIDDERS: Bidders with a prior history of negative feedback for nonpayment are Unwelcome Bidders per Ebay rules regarding Unwelcome Bidders with negative feedback for nonpayment. We do not sell to Unwelcome Bidders with prior negative feedback for nonpayment, including members with a pattern and practice of nonpayment. If you bid anyway, your bid will be cancelled. If you try to sneak in with a last second bid, we won’t sell to you anyway. Non paying bidders receive Ebay nonpaying bidder strike & appropriate feedback. Payment not received with 7 days from the end of the auction are considered non-payment. No payment & no communication 3 days after auction considered NPB – item may be resold at Seller’s discretion. Depending on circumstances, nonpayment penalties and fees may be applied at discretion of Seller, up to and including: 30% restocking charge, $5/day storage/additional handling charge(beginning on 7th day of nonpayment or date NBP claim filed, whichever is earlier), reimbursement of ebay listing and selling fees, difference between 1st and 2nd auction prices, and possible attorney/collection fees. We post all nonpaying bidder transactions on the Ebay Community Boards as fair warning to other Ebay Sellers . Don't test us on this - please do not bid if you cannot pay promptly for the auction price and all shipping and handling charges. Contact Seller before bidding if questions.
(12). State of ILLINOIS SALES TAX – ILLINOIS RESIDENTS ONLY: Shipment to Illinois residence destination - In state (Illinois) sales tax applies unless copy of Buyer’s Illinois Tax Exemption resale number is provided to Seller prior to payment – tax not waived without copy of Buyer’s currently active Illinois sales tax exemption in my file.
(13). INSURANCE CLAIMS: Buyer must resolve all insurance claims and issues of damage, loss, theft, or mis-delivery with the shipper by filing insurance claim for any package lost, stolen, rifled, mis-delivered, or damaged during shipper’s handling and transport. Seller has no liability for damage/lost in mail claims once auction item delivered into the hands of your shipper – no exceptions. Buyer bears all risk of loss for insured, uninsured or under-insured packages - Seller not responsible for items that are uninsured, under-insured, or fully insured. Buyer must request additional USPS insurance coverage prior to payment of invoice For protection of both Buyer and Seller, and for efficient coordination of claim process, Buyer must report IMMEDIATELY, to both the Shipper and the Seller, any claim of loss or damage within 24 hours of delivery (or non-delivery) to Buyer’s destination address – no exceptions. Any insurance disputes, or any disputes regarding any and all damage must be settled by Buyer with Buyer’s shipper - Seller bears no risk or liability for Buyer failure or refusal to file shipper Insurance claim, or for shipper denial of insurance payment for damaged or lost package, or denial of refund for shipping charges, for any reason. Seller does not reimburse shipping charges on insurance claims – buyer must request shipping & handling reimbursement from shipper. It is critical that Buyer works with us and complies with above time limits and procedures. Filing insurance claims with Ottawa UPS Store is Buyer’s sole responsibility.
(14). AUCTION or BID CANCELLATION – ENDING AUCTION EARLY: Auction may be ended early if no bids placed, or if lack of competitive bidding (less than 2 bids), or may be sold to highest bidder at any point in time during the auction at Seller’s sole discretion. Seller also reserves sole right and discretion to cancel the auction at any time and for any reason or cancel any and all bids for any reason without liability to anyone of any kind.
(15) MEMBERS WITH “0” FEEDBACK / LONG TERM INACTIVE ACCOUNTS/ NO FEEDBACK RATINGS OR NO FB STARS: due a higher than usual incidence of non-payment/credit card fraud/stolen ID among zero feedback bidders/inactive accounts/lack of feedback stars/spammers/hackers and virus spreaders – bidders with “0” feedback or no feedback stars, MUST contact Seller via the Ebay Email Link for permission to bid, and must provide acknowledgment of shipping/handling charges, accepted payment methods, and payment due date. Failure to contact seller or respond to Seller email inquiry may result in bid cancellation and permanent loss of bidding privileges.
(16). BIDDER RESPONSIBILITY: Bidder is solely responsible for the placement of their bid. Please take time prior to bidding to read the Ebay tutorial on Bidding. Please be absolutely positive of your bid amount before placing it, including all proxy bids or automatic incremental bids – once a bid is placed it becomes a financial & contractual obligation to pay if the bid is the Winning Bid (highest bid) at the end of the auction. Repetitive bid cancellations as well as completely uncharacteristic & extraordinarily high bids, or bid cancellations to uncover reserved bids, are scrutinized by Ebay Security for improprieties and may result in permanent loss of Ebay auction privileges.
(17). FEEDBACK: Seller does not initiate feedback – except in the case of non-paying bidders. Seller will always reciprocate positive feedback. BUYER MUST CONTACT SELLER REGARDING ANY UNRESOLVED ISSUE OR CLAIM PRIOR TO LEAVING FEEDBACK.
(18). TRANSFER OF TITLE: Title to auction item transfers to acceptable Buyer immediately upon the end of the auction. Seller does not sell items “on approval” – once item is shipped, it is “as is” described in the auction description – Seller is not responsible for damage or loss occurring during shipment. If the item is picked up locally ( when permitted by the auction description) title transfers to buyer immediately at the close of the auction.
(19). REFUND POLICIES: (see sections “A” and “B” , noted below). ( Note: nothing in the following section may be construed, interpreted or otherwise applied in order to violate any applicable state or federal law):
(A). NON-CREDIT CARD PURCHASES: ( Paypal Non-credit card purchases, Money Orders, bank certified checks>: for payments made by one of these methods, a refund is made only if the item was “substantially” misrepresented in the auction description, which we would never intentionally do – so bid with complete confidence. Condition: as all collectors, investors, and dealers know, grading antiques and collectibles for condition is subjective, so while we give as honest an opinion as possible regarding condition, please bid on your opinion, not ours. We make every effort to note any major or significant damage or flaw. Normal wear on antiques due to normal aging and use is usually not commented on unless it is substantial and significantly degrades condition. Any packaged item received with damage to the contents not otherwise stated in the auction description or viewed in the auction photos MUST first be filed as an insurance claim with the shipper – no exceptions. For damages during USPS shipment, Buyer must keep all packaging materials, postal receipts & package bar codes, and contact their local post office to pick up insurance forms and file an insurance claim. To apply for a refund due to an item that you believe was substantially not as described, follow these guidelines: (a.) contact Seller IMMEDIATELY – no later than 24 hours after UPS or USPS delivery to your destination address – positively no exceptions. If you cannot reach us by Email within 24 hours, a personal telephone call to us is mandatory. (b.) Buyer is solely responsible for PROMPT inspection of item upon delivery to destination address (not “receipt”- if you are going to be away on vacation or some other reason when delivery is made, you must arrange with someone to have the item promptly inspected and any damages immediately reported – no exceptions). Absolutely no refunds will be given if the refund request is made more than 24 hours after delivery of the item to your destination address – positively no exceptions, as you will know immediately upon prompt and thorough inspection if the item is substantially not as described. (c.) If, after inspection, you believe your item was SUBSTANTIALLY not as described, you must immediately contact Seller upon delivery – delayed communication creates otherwise avoidable problems and issues with credibility, verification, post delivery damage, and authenticity of not only the complaint but also of the item to be returned. (d.) Seller may request additional information from Buyer: additional information regarding refund request must be provided by Buyer if requested (i.e. digital photographs or other reasonably pertinent information, such as a postal inspection or USPS insurance report). Where requested refund is for artwork, artwork must be in the same condition in which it was sold and Buyer must provide a signed written statement to the Seller from the professionally recognized and qualified authority on his/her professional letterhead, stating that the art work is not as described in the auction, or as in the case of condition, the statement must clearly state the substantial material differences or omissions from what was stated in this auction and what was actually received by you from Seller. The definition of “expert” is the person recognized as such by the two largest auction houses Internationally. Paintings “attributed” to an artist, “in the manner of”, “studio of”, “school of”, and “circle of” indicate some similarity of style, form or subject matter attributable to a particular artist but have not definitively or positively been identified as painted by the artist’s own hand by indisputable provenance & authentication, and as such are covered by the physical condition guarantee only. (e.) Item must be returned to seller’s shipping origin in same condition as sent and must be re-shipped within 24 business hours – package must have the AUCTION ID NUMBER clearly printed on the outside of the package – seller will not accept or open package without the auction ID number. Items sent in original boxes MUST be returned in ORIGINAL SHIPPING BOXES with all original postage labels and postage receipts attached. Seller does not pay for return shipping/handling charges. (f.) Refund is not approved until Seller has reviewed the refund request, reviewed the auction description and pre-packaging photos, received and inspected the shipper’s report and/or other requested supporting information, physically received & inspected the item & boxing/packing materials and verified all security markings. Reimbursement is made within 24 hours after receipt of all required information, providing all terms and conditions of refund process have been met. Seller does NOT refund items due to "Buyer's Remorse", or for something that is clearly visible in the auction photos, or for items described and sold “as is” or “as found”, or for items that have been mechanically altered/ parts replaced or parts exchanged/have security markings removed/erased or altered, have incorrect or removed serial numbers/ or for items that were damaged, lost or stolen during or after USPS or UPS shipment.
(B). CREDIT CARD PURCHASES (paypal credit card via paypal or other third party credit card ); Other than items substantially not as described, any Auction, “Buy It Now”, or “Best Offer” items purchased with credit cards are sold “as is”, with all faults – no returns, no refunds – all sales are final unless the item is substantially not as described. All refund procedures as noted under part (A) above apply. Please email prior to bidding if you have any concerns or questions about our refund policies.
20. SUGGESTION: BIDDING STRATEGY: If manually placing a bid: place it early and review it often. Reduce the likelihood of losing your item to last minute robotic bid sniper programs - use responsibly the “EBay Proxy” bidding system if you plan on being away during the auction, or to better compete with Bid Snipers – but be sure to place your proxy bid responsibly. Avoid last second bidding - competitive sniper programs are designed to block your last second bid. Thank you for your interest in our auction.
///////////////////////////////////////////////////////////////
Amazing!!!!!!!!!!!!
He has written "Moby Dick, Part 2."
The following nonsense appears in all of his listings.
He has even advocated filing lawsuits against buyers who leave NEGs.
........................................................................................
** TERMS AND CONDITIONS**: The vast majority of Ebay auctions are very simple for most Buyers – bid, buy, pay promptly – and receive. However, as 1% of the other sales are not so simple, it is necessary to have the following Auction terms and conditions which specify the contractual obligations of the winning bidder. Since we cannot tell which auctions are going to be smooth transactions, and which will not, it is necessary that we require all Ebay members to be responsible for reading, understanding and accepting the following terms and conditions prior to bidding. In addition, please take the time to read the Ebay Bidding Tutorial which is located on the Ebay Site search window. Please contact us prior to bidding if you have any questions.
*************************************************************
TERMS AND CONDITIONS
CONTENTS:
Purpose
About Us
Acceptance of Terms & Conditions
Ebay Member Questions Posted on Auction Site/Revisions to Description
1.Bid with Confidence
2.Digital Auction Photos
3. Payment Terms
4. Invoice
5. Shipping & Handling Charges – USA Destinations – International Members
6. Shipping & Delivery Schedules/Time Frame
7.Buyer Pays ALL Shipping & Handling Charges
8.Packaging Materials
9.The Ottawa Illinois UPS Store
10. International Members
11. Non-Paying Bidders – Unwelcome Bidders - Penalties
12. Illinois Sales Tax – applies to Illinois residents only
13. Insurance Claims – procedures
14. Auction/Bid Cancellation - Ending Auction Early
15. Members with “0” feed back
16. Bidder’s Bid Responsibility
17. Feedback Policies
18. Transfer of Title
19. Refund Policy
20. Bidding Strategy – Suggestions
****************************************************************************
PURPOSE: Intent of Terms and Conditions is to provide contractual guidelines for Buyer and Seller, and are in addition to all applicable Ebay/Paypal policies & rules. For purposes of continuity, our auction terms and conditions must be narrowly and clearly construed as intended by the Seller - no term, condition or descriptive information in this auction may be used, interpreted, or applied in violation of applicable Ebay Policies and Rules. If you should have any question or concern as to the meaning or application of any section, please contact Seller prior to bidding to resolve your concern.
ABOUT US: We are nationally certified personal property appraisers and have been buying, selling and collecting antiques & collectibles for over 35 years. Special care is taken to describe every item put up for auction, including full descriptions of physical condition, dimensions, color and approximate appraised value. All pottery & glass is blacklighted – pottery is also acetoned to check for repairs. Rare books are thoroughly reviewed for pagination, illustrations, completeness and detailed condition. Art work is reviewed by staff members to develop as complete and accurate detailed description as possible. All items are marked with a blacklight pen for security, and packaging process is camera recorded.
ACCEPTANCE: By placing a bid, bidder unconditionally agrees to the Terms and Conditions contained herein, without exception.
REVISIONS TO DESCRIPTION: We will post additional relevant & factual information, from our own research, and that offered by eBay members, on the auction site. This information is a part of the description - please read them prior to bidding. Additional informative, descriptive and corroborated information from experienced and knowledgeable collectors is always welcome. Due to the ridiculous amount of spam, spyware, and viruses that plague Microsoft Windows operating systems, we do not respond to emails outside of the Ebay email thread - please send all questions and communications via the Ebay email thread.
(1). BID WITH CONFIDENCE. We strive to give as thorough a description as humanly possible, and provide supersized photos whenever possible for detailed views of color, style, and condition – we never intentionally omit or hide any condition problem or inaccurately describe any item. However, we are not perfect and honest mistakes can happen - which is why we have and a refund policy (see below). Please note that Ebay has a Bidding Tutorial – if you are new to Ebay, please take the Bidding tutorial before bidding - it is fun and you will pick up excellent tips for a successful and pleasant eBay Auction experience!
(2).DIGITAL AUCTION PHOTOS: Bidders are solely responsible for viewing all photos prior to bidding. Please use the SUPER SIZED PHOTOS feature when available to see even more detail. Additional photos available for viewing by email on request. True color on all photos is between light and dark photos, and will be affected somewhat by the technical settings on your monitor. Various colored backgrounds may be used to demonstrate the affects on the item of surrounding color and lighting. White spots/white out areas are due to digital flash. **PHOTOS ARE PART OF ITEM DESCRIPTION AND REFLECT OVERALL CONDITION** Contact seller to request additional photos if needed.
(3). PAYMENT TERMS: USA BUYERS: ** Payment is due promptly at the end of the auction. We accept Paypal (but not paypal “E-check”).
- NO PERSONAL CHECKS - we do NOT accept personal or business checks.
-MONEY ORDER or U.S. Bank Certified Check is OK IF MAILED IMMEDIATELY AFTER THE CLOSE OF THE AUCTION. You must email us with the date you have mailed your payment – otherwise we have no idea of your intentions, or when to expect your payment – which causes additional scheduling & packaging delays for shipping your item. Statements such as, "Payment will be mailed shortly" are NOT acceptable - IMMEDIATE PAYMENT IS REQUIRED - our auctions last 7 to 10 days which is plenty of time to prepare for prompt payment by the end of the auction. We reserve the right to resell the item and leave negative feedback if winning bidder has not communicated with us for three days after the auction. We strongly recommend, if mailing payment, that you send your payment with USPS Delivery Confirmation Tracking in order to independently verify date of mailing and date of receipt.
(4) INVOICE: Seller invoices winning bidder at end of auction – immediate payment is required. Please turn off spam blockers and email filters. Winning Bidder does not submit invoice – submitting your own invoice only delays the transaction process and increases handling fees.
-SORRY, NO LOCAL PICKUP FOR THIS ITEM.
(5). SHIPPING CHARGES – USA – SEE SHIPPING & HANDLING CHARGES STATED IN ABOVE ITEM DESCRIPTION. CHARGES QUOTED IN ITEM DESCRIPTION APPLY TO USA DESTINATIONS ONLY.
-USA Winning bidder pays all S&H charges – no after auction “negotiations”.
-All shipments to USA destinations MUST have tracking/delivery confirmation, and must be insured for at least the amount of the final auction price. Note: Delivery Confirmation is NOT the same thing as having insurance – your letter carrier can deliver your package to your mailbox or front porch, scan it in and “confirm delivery”, but your package can STILL be stolen! (yes, it does happen!!). Which is why we also REQUIRE insurance. To account for the cost of insurance, simply adjust your bid maximum down to account for the additional cost of insurance coverage required to cover your maximum bid – that way you are still within your budget.
-Buyer may opt to pack and ship with Ottawa UPS Store (see below). UPS shipment may be mandatory in some circumstances – see above shipping information in item description.
- Buyer responsible for procuring additional insurance coverage over and above auction price if so desired.
-SUGGESTION: Calculate your shipping and handling charges before placing a bid – that way you will know your total cost – auction price plus S&H charges – beforehand.. If you are unable to calculate your shipping and handling charges, or if they appear to be unclear to you, please contact us for assistance, or go to the USPS internet web site to calculate your approximate shipping charges using the shipping and handling, postal rate, tracking and insurance information provided above.
- P.O. Box destination addresses OR auction purchase price of $250 or more requires additional USPS $1.90 signature delivery confirmation fee.
- HUGE (OVERSISZED) OR EXTREMELY HEAVY packages that are not shippable via USPS must be shipped and packed by the UPS store – we do not have the capacity to pack extremely large or heavy items (e.g. furniture, anvils, large architectural items, etc). Buyer is responsible for arranging packaging and shipping of extremely large or heavy items.
-We always quote complete S&H charges so there are no “suprises”. Bidders are solely responsible for having read, understood, and accepted all S&H charges prior to bidding. Seller ships and packs via USPS only. (Note: Buyer may also opt to arrange for their own packing and shipping with the Ottawa, Illinois UPS Store if so desired).
-Oversized packages: USPS Non-machinable surcharge rate applies to packages exceeding 17.5 inches in length. USPS Oversize Rates apply for packages that exceed 108 inches up to 130 inches.
-Multiple purchases are allowed ONLY if each purchase is paid for promptly and immediately after its particular auction - we do not allow “stockpiling” of unpaid purchases. In addition, multiple purchases are shipped together unless, in our estimation, it would be unsafe or uninsurable (e.g. crystal stemware with an anvil).
If payment made by Paypal, WE SHIP ONLY TO PAYPAL CONFIRMED ADDRESS - no exceptions per Paypal Payment Guarantee Protection Policy. Paypal address must be a “Confirmed Address”. If payment made by other than Paypal, we ship only to the destination address listed as your official Ebay destination address. If you wish us to ship to a new address, you must change your current Paypal and EBay address to your new address – no exceptions per Paypal and Ebay policies.
(6). SHIPPING & DELIVERY SCHEDULES/TIME FRAME: We ship your auction item within two (2) business days following ACTUAL RECEIPT and DEPOSIT of prompt payment of funds from Buyer – Paypal delays actual deposit to our bank account for 3 to 5 days depending on the day of the week you initiate your payment – paypal does not transfer funds during weekends or holidays, which means payment that you initiate Thursday or Friday will not arrive at our bank until Monday or Tuesday. Payments you initiate Saturday or Sunday will not arrive at our bank until Wednesday or Thursday. Paypal payment is not “instant” – maybe they “instantly” take your money, but they do NOT “instantly” pay us!
- We do not ship on Saturday, Sunday or Holidays. Money order/ bank certified checks held two business days by our bank for security verification. USPS and UPS shipping/transit times vary - Seller not responsible for shipper ( UPS or USPS) delivery time frame – transit time is sole responsibility of the shipper, and may vary due to seasonal changes, holidays, etc.
- If your package is overdue, contact your post office (or UPS if shipped by United Parcel Service) – they may be holding it for you. Please note that late payment pushes back shipment schedule and causes shipping delay.
-If you believe your package has been mis-delivered, lost, rifled, damaged or stolen - contact Seller ASAP for assistance.
(7)BUYER PAYS ALL SHIPPING/HANDLING FEES: Auction item sold “where is” – Buyer responsible for payment of any and all shipping, packaging and handling costs (including tracking, delivery confirmation, insurance, and packaging materials) from Seller’s origin location – no exceptions, no post auction “negotiations”. Seller does not pay shipping charges for any reason, including lost, damaged, rifled, stolen, refunded or returned items. We do not make refunds for charges that are approximate or assessed - or any differences thereof – under any circumstances. Quotes for handling/packaging charges are approximate but always included in full in the total S&H charges quoted. Seller does not pay customs fees, duties, special pickup or “agency” charges, re-delivery fees, or import taxes - no exceptions. We have no control over USPS rates - if you do not like the USPS rates or our packaging and handling fees, contact us prior to the end of the auction to make arrangements so that you can pack and ship with the Ottawa UPS Store in Ottawa, Illinois. ( See section #9 below).
(8) PACKAGING MATERIALS: We package securely and economically using the highest standards and specifications in order to avoid damage during shipping - we do not cut back or skimp on packaging to save on shipping costs as adequate packaging helps prevent damage during shipping – please don’t ask us to reduce packaging weight as we will not ship inadequately packaged items, and the USPS will not consider insurance claims for insufficient packaging ( see our exemplary feedback on safe and secure packaging). Buyer special requests for expensive bubble wrap, foam, Styrofoam, air pillows, peanuts or other more costly and expensive packaging materials: buyer will be re-invoiced and assessed actual out of pocket cost for our purchase of expensive retail packing materials – otherwise we use available recycled packaging materials to save you money on packaging costs...
(9) OTTAWA UPS STORE (Ottawa, Illinois: telephone: 815-431-1600): Buyer may elect to ship and pack with the OTTAWA UPS STORE – buyer must make arrangements directly with the Ottawa UPS Store. If electing this option, Buyer must contact Seller and specify The Ottawa Illinois UPS Store as shipper, prior to bidding. Insurance and delivery confirmation are still required – UPS store must furnish copies of insurance & tracking to Seller. Please note that the Ottawa UPS Store packing and shipping service will usually easily be double or triple the fees charged for shipping and packing via the USPS. If payment for auction item made by PayPal, Buyer MUST ship to Paypal confirmed address – no exceptions. Oversized packages that are not shippable via USPS must be shipped and packed by the UPS store – we do not have the capacity to pack extremely large or heavy items (e.g. furniture, anvils, large architectural items, etc).
(10). INTERNATIONAL MEMBERS: sorry, this sale is not open to international bidders.
(11). NON-PAYING BIDDERS – UNWELCOME BIDDERS: Bidders with a prior history of negative feedback for nonpayment are Unwelcome Bidders per Ebay rules regarding Unwelcome Bidders with negative feedback for nonpayment. We do not sell to Unwelcome Bidders with prior negative feedback for nonpayment, including members with a pattern and practice of nonpayment. If you bid anyway, your bid will be cancelled. If you try to sneak in with a last second bid, we won’t sell to you anyway. Non paying bidders receive Ebay nonpaying bidder strike & appropriate feedback. Payment not received with 7 days from the end of the auction are considered non-payment. No payment & no communication 3 days after auction considered NPB – item may be resold at Seller’s discretion. Depending on circumstances, nonpayment penalties and fees may be applied at discretion of Seller, up to and including: 30% restocking charge, $5/day storage/additional handling charge(beginning on 7th day of nonpayment or date NBP claim filed, whichever is earlier), reimbursement of ebay listing and selling fees, difference between 1st and 2nd auction prices, and possible attorney/collection fees. We post all nonpaying bidder transactions on the Ebay Community Boards as fair warning to other Ebay Sellers . Don't test us on this - please do not bid if you cannot pay promptly for the auction price and all shipping and handling charges. Contact Seller before bidding if questions.
(12). State of ILLINOIS SALES TAX – ILLINOIS RESIDENTS ONLY: Shipment to Illinois residence destination - In state (Illinois) sales tax applies unless copy of Buyer’s Illinois Tax Exemption resale number is provided to Seller prior to payment – tax not waived without copy of Buyer’s currently active Illinois sales tax exemption in my file.
(13). INSURANCE CLAIMS: Buyer must resolve all insurance claims and issues of damage, loss, theft, or mis-delivery with the shipper by filing insurance claim for any package lost, stolen, rifled, mis-delivered, or damaged during shipper’s handling and transport. Seller has no liability for damage/lost in mail claims once auction item delivered into the hands of your shipper – no exceptions. Buyer bears all risk of loss for insured, uninsured or under-insured packages - Seller not responsible for items that are uninsured, under-insured, or fully insured. Buyer must request additional USPS insurance coverage prior to payment of invoice For protection of both Buyer and Seller, and for efficient coordination of claim process, Buyer must report IMMEDIATELY, to both the Shipper and the Seller, any claim of loss or damage within 24 hours of delivery (or non-delivery) to Buyer’s destination address – no exceptions. Any insurance disputes, or any disputes regarding any and all damage must be settled by Buyer with Buyer’s shipper - Seller bears no risk or liability for Buyer failure or refusal to file shipper Insurance claim, or for shipper denial of insurance payment for damaged or lost package, or denial of refund for shipping charges, for any reason. Seller does not reimburse shipping charges on insurance claims – buyer must request shipping & handling reimbursement from shipper. It is critical that Buyer works with us and complies with above time limits and procedures. Filing insurance claims with Ottawa UPS Store is Buyer’s sole responsibility.
(14). AUCTION or BID CANCELLATION – ENDING AUCTION EARLY: Auction may be ended early if no bids placed, or if lack of competitive bidding (less than 2 bids), or may be sold to highest bidder at any point in time during the auction at Seller’s sole discretion. Seller also reserves sole right and discretion to cancel the auction at any time and for any reason or cancel any and all bids for any reason without liability to anyone of any kind.
(15) MEMBERS WITH “0” FEEDBACK / LONG TERM INACTIVE ACCOUNTS/ NO FEEDBACK RATINGS OR NO FB STARS: due a higher than usual incidence of non-payment/credit card fraud/stolen ID among zero feedback bidders/inactive accounts/lack of feedback stars/spammers/hackers and virus spreaders – bidders with “0” feedback or no feedback stars, MUST contact Seller via the Ebay Email Link for permission to bid, and must provide acknowledgment of shipping/handling charges, accepted payment methods, and payment due date. Failure to contact seller or respond to Seller email inquiry may result in bid cancellation and permanent loss of bidding privileges.
(16). BIDDER RESPONSIBILITY: Bidder is solely responsible for the placement of their bid. Please take time prior to bidding to read the Ebay tutorial on Bidding. Please be absolutely positive of your bid amount before placing it, including all proxy bids or automatic incremental bids – once a bid is placed it becomes a financial & contractual obligation to pay if the bid is the Winning Bid (highest bid) at the end of the auction. Repetitive bid cancellations as well as completely uncharacteristic & extraordinarily high bids, or bid cancellations to uncover reserved bids, are scrutinized by Ebay Security for improprieties and may result in permanent loss of Ebay auction privileges.
(17). FEEDBACK: Seller does not initiate feedback – except in the case of non-paying bidders. Seller will always reciprocate positive feedback. BUYER MUST CONTACT SELLER REGARDING ANY UNRESOLVED ISSUE OR CLAIM PRIOR TO LEAVING FEEDBACK.
(18). TRANSFER OF TITLE: Title to auction item transfers to acceptable Buyer immediately upon the end of the auction. Seller does not sell items “on approval” – once item is shipped, it is “as is” described in the auction description – Seller is not responsible for damage or loss occurring during shipment. If the item is picked up locally ( when permitted by the auction description) title transfers to buyer immediately at the close of the auction.
(19). REFUND POLICIES: (see sections “A” and “B” , noted below). ( Note: nothing in the following section may be construed, interpreted or otherwise applied in order to violate any applicable state or federal law):
(A). NON-CREDIT CARD PURCHASES: ( Paypal Non-credit card purchases, Money Orders, bank certified checks>: for payments made by one of these methods, a refund is made only if the item was “substantially” misrepresented in the auction description, which we would never intentionally do – so bid with complete confidence. Condition: as all collectors, investors, and dealers know, grading antiques and collectibles for condition is subjective, so while we give as honest an opinion as possible regarding condition, please bid on your opinion, not ours. We make every effort to note any major or significant damage or flaw. Normal wear on antiques due to normal aging and use is usually not commented on unless it is substantial and significantly degrades condition. Any packaged item received with damage to the contents not otherwise stated in the auction description or viewed in the auction photos MUST first be filed as an insurance claim with the shipper – no exceptions. For damages during USPS shipment, Buyer must keep all packaging materials, postal receipts & package bar codes, and contact their local post office to pick up insurance forms and file an insurance claim. To apply for a refund due to an item that you believe was substantially not as described, follow these guidelines: (a.) contact Seller IMMEDIATELY – no later than 24 hours after UPS or USPS delivery to your destination address – positively no exceptions. If you cannot reach us by Email within 24 hours, a personal telephone call to us is mandatory. (b.) Buyer is solely responsible for PROMPT inspection of item upon delivery to destination address (not “receipt”- if you are going to be away on vacation or some other reason when delivery is made, you must arrange with someone to have the item promptly inspected and any damages immediately reported – no exceptions). Absolutely no refunds will be given if the refund request is made more than 24 hours after delivery of the item to your destination address – positively no exceptions, as you will know immediately upon prompt and thorough inspection if the item is substantially not as described. (c.) If, after inspection, you believe your item was SUBSTANTIALLY not as described, you must immediately contact Seller upon delivery – delayed communication creates otherwise avoidable problems and issues with credibility, verification, post delivery damage, and authenticity of not only the complaint but also of the item to be returned. (d.) Seller may request additional information from Buyer: additional information regarding refund request must be provided by Buyer if requested (i.e. digital photographs or other reasonably pertinent information, such as a postal inspection or USPS insurance report). Where requested refund is for artwork, artwork must be in the same condition in which it was sold and Buyer must provide a signed written statement to the Seller from the professionally recognized and qualified authority on his/her professional letterhead, stating that the art work is not as described in the auction, or as in the case of condition, the statement must clearly state the substantial material differences or omissions from what was stated in this auction and what was actually received by you from Seller. The definition of “expert” is the person recognized as such by the two largest auction houses Internationally. Paintings “attributed” to an artist, “in the manner of”, “studio of”, “school of”, and “circle of” indicate some similarity of style, form or subject matter attributable to a particular artist but have not definitively or positively been identified as painted by the artist’s own hand by indisputable provenance & authentication, and as such are covered by the physical condition guarantee only. (e.) Item must be returned to seller’s shipping origin in same condition as sent and must be re-shipped within 24 business hours – package must have the AUCTION ID NUMBER clearly printed on the outside of the package – seller will not accept or open package without the auction ID number. Items sent in original boxes MUST be returned in ORIGINAL SHIPPING BOXES with all original postage labels and postage receipts attached. Seller does not pay for return shipping/handling charges. (f.) Refund is not approved until Seller has reviewed the refund request, reviewed the auction description and pre-packaging photos, received and inspected the shipper’s report and/or other requested supporting information, physically received & inspected the item & boxing/packing materials and verified all security markings. Reimbursement is made within 24 hours after receipt of all required information, providing all terms and conditions of refund process have been met. Seller does NOT refund items due to "Buyer's Remorse", or for something that is clearly visible in the auction photos, or for items described and sold “as is” or “as found”, or for items that have been mechanically altered/ parts replaced or parts exchanged/have security markings removed/erased or altered, have incorrect or removed serial numbers/ or for items that were damaged, lost or stolen during or after USPS or UPS shipment.
(B). CREDIT CARD PURCHASES (paypal credit card via paypal or other third party credit card ); Other than items substantially not as described, any Auction, “Buy It Now”, or “Best Offer” items purchased with credit cards are sold “as is”, with all faults – no returns, no refunds – all sales are final unless the item is substantially not as described. All refund procedures as noted under part (A) above apply. Please email prior to bidding if you have any concerns or questions about our refund policies.
20. SUGGESTION: BIDDING STRATEGY: If manually placing a bid: place it early and review it often. Reduce the likelihood of losing your item to last minute robotic bid sniper programs - use responsibly the “EBay Proxy” bidding system if you plan on being away during the auction, or to better compete with Bid Snipers – but be sure to place your proxy bid responsibly. Avoid last second bidding - competitive sniper programs are designed to block your last second bid. Thank you for your interest in our auction.
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Amazing!!!!!!!!!!!!
Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
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Comments
Care to share the id of this bitter seller so those of us that would like to avoid him can?
Always looking for Topps Salesman Samples, pre '51 unopened packs, E90-2, E91a, N690 Kalamazoo Bats, and T204 Square Frame Ramly's
Pure unadulterated CRUD !
That is funny " It was easier to close on my house "
I hear that , I don't even know what to equate that to ?
He started a thread on seller central about suing buyers who leave NEGs.
I thought he was spoofing until I read his listings.
EBAY has made him lose some of his reasoning powers, IN MY OPINION.
http://forums.ebay.com/db2/thread.jspa?threadID=1000685236&tstart=0&mod=1208667596136
Within 24 hrs of non delivery ?
What the hell is that ? that is so vague and has more holes in it than Rubes backyard targets !
"This is the law in all 51 states."
LOL
FTC-(OP)If I was to say you are a TOOL which law would apply in this case? slander? nah parody? maybe THE TRUTH? Well sir,you have typed all of the evidence for me. I Rest.
It is ALWAYS a dangerous mistake to post on those boards using a selling/buying ID.
I post there once in a while, using a TOP SECRET "posting ID."
There are folks there who are FAR short of a full deck of marbles, and they have been
known to rain havoc upon the listings of those posters with whom they disagree.
IF anybody posted there and wanted to have their post removed, they could "self report"
the post and have it removed.
20. SUGGESTION: BIDDING STRATEGY: If manually placing a bid: place it early and review it often. Reduce the likelihood of losing your item to last minute robotic bid sniper programs - use responsibly the “EBay Proxy” bidding system if you plan on being away during the auction, or to better compete with Bid Snipers – but be sure to place your proxy bid responsibly. Avoid last second bidding - competitive sniper programs are designed to block your last second bid. Thank you for your interest in our auction.
I just can't help but love the last one, kinda makes the sniper bids sound evil by refering to them as robotic, competative... designed to block you
What a dork.
Steve
http://www.unisquare.com/store/brick/
Ralph
<< <i>This type of nonsense in auctions does not discourage "nut-case bidders". It attracts them. It does discourage legitimate buyers. >>
You are correct. I would hit the back button if I saw those terms in an auction I am bidding on.