LAST STAND CARDS & COLLECTIBLES TERMS AND CONDITIONS
Use of this website, placing of any offers and/or purchases by any party constitutes full understanding and agreement to the Terms and Conditions set out below. If you do not agree to these Terms and Conditions “as is”, you may not enter this website or place any offers or engage in any other transactions. Please note that the term Buyer as written in this User Agreement refer to you, and your obligations hereunder.
USE OF LAST STAND CARDS & COLLECTIBLES
Without limiting other remedies, Last Stand Cards & Collectibles may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off Last Stand Cards & Collectibles if we think they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
While using Last Stand Cards & Collectibles, you agree you will not:
• use Last Stand Cards & Collectibles if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from Last Stand Cards & Collectibles.
• circumvent or manipulate our fee structure, the billing process, or fees owed to Last Stand Cards & Collectibles
• distribute or post spam, chain letters, or pyramid schemes
• distribute viruses or any other technologies that may harm Last Stand Cards & Collectibles, or the interests or property of Last Stand Cards & Collectibles users
• post content or items in an inappropriate category or areas on Last Stand Cards & Collectibles
• violate any laws, third party rights, or our policies
• fail to deliver to Last Stand Cards & Collectibles items purchased from you
• manipulate the price of any item or interfere with other user s listings
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information)
• use any robot, spider, scraper, or other automated means to access Last Stand Cards & Collectibles for any purpose without our express written permission
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from Last Stand Cards & Collectibles without the prior expressed written permission of Last Stand Cards & Collectibles and the appropriate third party, as applicable
• interfere or attempt to interfere with the proper working of Last Stand Cards & Collectibles or any activities conducted on Last Stand Cards & Collectibles
BUYING ON LAST STAND CARDS & COLLECTIBLES
HOW TO PLACE AN ORDER
By making an offer and/or buying an item, you create a binding and enforceable legal contract between you and Last Stand Cards & Collectibles to pay for the items within 7 days of purchase under the terms and conditions of the User Agreement. We take extra care to fully describe our items, including any flaws. If you have any questions regarding any of the items you are ordering, please email us at: LastStandCollectibles@gmail.com before placing your order.
PAYMENTS
Please note that all items are priced in U.S. currency, and do not include shipping, handling, or insurance. Sales tax will be added to your invoice when required by law. For more information about sales tax please click here.
Metropolis Collectibles accepts Visa, Master Card, Discover, AMEX, checks, money orders, ACH, Cash App and wire transfers. Last Stand Cards & Collectibles does not accept credit cards or PayPal for orders or cumulative outstanding balances above $2,500. Please note we cannot accept checks from non-U.S. banks, as Last Stand Cards & Collectibles incurs additional expense in depositing them.
All credit cards are subjected to our merchant processor s verification system. In the event our merchant processor is unable to verify the information you have provided with your credit card issuing bank, Last Stand Cards & Collectibles may require additional steps to verify your identity. If Last Stand Cards & Collectibles is unable to verify ownership of your credit card, payment must be made in cash, check, money order, ACH, or wire transfer. For credit card verification you must enter your billing address exactly as it appears on your credit card statement. If you do not, your payment may be rejected. We cannot ship to an address that is not the billing address on file with your credit card company.
If paying by PayPal, please note that we cannot ship to an unverified address. All fee-bearing payment types such as credit card or PayPal will incur a surcharge of 3%. Payment by cash, check, money order, ACH, or wire transfer will not incur a surcharge. This fee only applies to fee-bearing payment types such as credit cards or PayPal and shall not exceed Last Stand Cards & Collectibles’ cost of processing.
Please make out checks to Last Stand Cards & Collectibles and note your invoice number in the memo field.
Make your check payable to and mail to the address below:
Last Stand Cards & Collectibles
5110 Tieton Dr Ste. 251
Yakima Wa 98908
Payment must be received within 7 days of purchase. Failure to make payment in the time specified may result in the cancellation of your order, cancellation of your member account, and your orders and offers may not be processed in the future. If your payment method fails, we reserve the right to collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us, retaining collection agencies and legal counsel).
MAKING OFFERS
By making an offer, you are creating a binding and enforceable legal contract to purchase the item if the offer is accepted and will be bound by the terms listed above. All offers expire after 48 hours. If the offer was not accepted within the allotted period, the offer becomes null and void. If a counteroffer is sent to you, that counteroffer expires 48 hours after the time at which it was sent.
SHIPPING POLICY
From the time Last Stand Cards & Collectibles receives your payment, after funds have cleared please allow up to 3 weeks for your items to be shipped.
Metropolis Collectibles does not store all items on premises during the period they are listed for sale. Immediately upon your agreement to purchase an item, the item will be transported to Last Stand Cards & Collectibles within 7 days. Last Stand Cards & Collectibles will then review and process the item(s) you purchased and ship your order. Your shipping and handling charges will be determined based on the weight, insured value, and shipping destination of your order. If you have any special requests or special delivery instructions, please contact us. We prefer to ship with and recommend USPS, although UPS options are available. Orders valued over $400.00 will require an adult signature on delivery.
All duties and taxes levied on shipments are the responsibility of the buyer. Metropolis Collectibles shall not be liable for any loss caused by or resulting from seizure or destruction under quarantine or Customs regulation, or confiscation by order of any Government or public authority.
Upon shipment of your order a notification will be sent to your email on file. Any request for shipping verification, or filing a claim for an undelivered package, must be made within 30 days of shipment.
If you have any questions or concerns about this policy, please feel free to e-mail us at LastStandCollectibles@gmail.com
DISPUTE RESOLUTION, ARBITRATION, AND REMEDIES:
The Customer (being the purchaser and/or recipient) expressly agrees and accepts to be bound by the terms and conditions set out below in respect to the resolution of any and all disputes, claims, and actions.
1. Dispute Resolution Mechanism. By entering this website, placing an offer, or otherwise purchasing any goods or items from Last Stand Cards & Collectibles (i) to be bound by the Terms and Conditions of Sale, as amended from time to time, as posted on Metropolis Collectibles’ website, and (ii) that all actions, claims, disputes, and controversies arising out of or in relation to any offers, purchases, failed purchases, descriptions, conditions, issues of authenticity, warranties or other disputes, whether asserted in contract, tort, under Federal or State statute or regulation, or any other action or claim made by the Customer (collectively, the “Claim”) must be submitted and exclusively heard by and presented in a confidential binding arbitration before a single arbitrator administrated by and conducted under the rules of, the American Arbitration Association. The locale for all such arbitrations shall be Yakima, Washington, USA. The arbitrator’s award may be enforced in any court of competent jurisdiction. In the event that any Claim needs to be litigated, including actions to compel arbitration, construe the agreement, actions in aid of arbitration, or otherwise, such litigation shall be exclusively in the Courts of the State of Washington and if necessary the corresponding appellate courts. This undertaking and agreement shall be determined and construed under the laws of the State of Washington. Each Party waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
2. No Representations. For the avoidance of doubt, Last Stand Cards & Collectibles makes no representations or warranties, other than as may be expressly stated in writing in respect of any transactions. All items are sold “as is” without warranty, express or implied under any construction of statute, common law, or custom. Last Stand Cards & Collectibles disclaims all warranties regarding accuracy, usefulness, availability, merchantability, fitness, for any purpose or implied warranties as permitted by applicable law.
3. Grievance Process. If the occasion arises where the Customer has a concern over any purchase or transaction, he/she must contact Last Stand Cards & Collectibles within ten (10) days (email or EBAY Message) of receipt of your purchase.
3.1 Permitted Returns. For the avoidance of doubt:
3.1.1 returns are only accepted on the sale of raw (ungraded) single issue comic books, provided such ungraded comic books are:
i) returned by the purchaser and received by Last Stand Cards & Collectibles within seven (7) days of the date from which you contact Metropolis Collectibles regarding the return, and such comic book had been paid in full within seven (7) days of the date of purchase. Comic books purchased on installment or payment plans are excluded from this return policy.
ii) received in the same condition (i.e.: no additional defects or wear permitted) as was originally sent to the purchaser. Last Stand Cards & Collectibles shall have the right to determine whether the received item’s condition satisfies this criteria.
iii) returned at the cost of the purchaser with insurance by USPS or similar courier service that requires signature on receipt.
3.2 For the avoidance of doubt, this Return Policy and Satisfaction Guarantee is only extended to buyers from whom Last Stand Cards & Collectibles has received payment within the required seven (7) days specified under How to Place an Order . Please note that we cannot accept returns on any comic books or other purchased items, including those with previously undetected restoration, after the specified return period listed here. Additionally, all in person sales (conventions, in store, etc.) where the purchaser has an ability to inspect the goods or products at the time of purchase are final.
Notwithstanding the above, in the event you believe a raw book sold by Last Stand Cards & Collectibles represented as unrestored has in fact been restored, and such fact is reasonably confirmed by Last Stand Cards & Collectibles, Last Stand Cards & Collectibles shall issue a 100% refund within the first 30 days. After 30 days Metropolis offers a store credit redeemable toward any comic book purchase. This right of return does not apply to any comic books whose descriptions contain comments indicating any type or form of restoration or conservation. Note that books graded by any third-party grading companies and placed into a blue Universal holder or equivalent are unrestored, and Last Stand Cards & Collectibles does not take responsibility for any errors by such third-party graders. Customers are responsible for all expenses incurred in the discovery of restoration work and shipping costs.
3.3 In the event that Last Stand Cards & Collectibles cannot deliver the item purchased or subsequently it is established that the item purchased lacks title, or other transfer or condition issue is claimed, the sole remedy shall be limited to rescission of sale and refund of the amount paid by the purchaser. In such case, Last Stand Cards & Collectibles’ maximum liability shall not exceed the purchase price received from the purchaser, which purchase price shall be deemed for all purposes the value of the item purchased. In the event of an attribution error, Last Stand Cards & Collectibles may at its sole discretion, correct the error on the Internet, or, if discovered at a later date, refund the purchase price without further obligation. Nothing herein shall be construed to extend the time of return or conditions and restrictions for return.
3.4 There are no returns, refunds, credits, exchanges accepted on the sale CGC, PSA or other third party graded items, group lots, original art, memorabilia, collectibles and video games or items shown on our website; rather all such items are sold “as is”. Although the following is very rare, due to the nature of the 3rd party holders, chipping and cracking of the holder may occasionally occur during shipping. Last Stand Cards & Collectibles takes great pains to pack comics in a careful and protective manner, and our packaging methods have been painstakingly tested with our shipping companies to ensure we meet the highest standards of safety and stability. However, as cracking and chipping on third party holders is quite common, Last Stand Cards & Collectibles cannot guarantee the condition of the third party holder. Metropolis Collectibles cannot accept returns or issue credits on any third party graded collectible due to holder damage.
4. No Jury or Class Action. By participating in any auction, sale, or purchase transaction with Last Stand Cards & Collectibles, the Customer is EXPRESSLY WAIVING ANY RIGHT TO TRIAL BY JURY or to participate in a class action against Last Stand Cards & Collectibles. Last Stand Cards & Collectibles shall have no obligation or duty to participate in any mediation or other settlement discussions.
5. Fees and Costs. The prevailing party (a party that is awarded substantial and material relief on its damage claim or the successful defense of a Claim, in each case based on the quantum of damages sought versus the award issued) shall be awarded reasonable attorneys’ fees and costs, and each party shall have the right to ask the tribunal to make such award or determination.
6. Remedies. The Customer agrees and acknowledges that neither Last Stand Cards & Collectibles nor its respective agents, directors, officers, or employees shall be liable for any consequential or indirect loss or damage, including cost of capital, loss of goodwill, loss of revenue, profits or business or other special or incidental damages whether based in contract or tort (including negligence, strict liability or otherwise) whether or not any such person has been advised of the possibility of such damages. Exemplary or punitive damages are not permitted and are waived. Last Stand Cards & Collectibles’ maximum liability shall be the value of the consummated purchase to the extent that payment was actually received.
7. Miscellaneous:
7.1 Any party participating in an offer or purchase on our site hereby grants the right to Last Stand Cards & Collectibles to contact such party in respect of the offer or purchase and subsequent offers or purchases. In the event that the party desires not to be contacted in the future, he/she may contact Last Stand Cards & Collectibles to opt out of any mailing or contact list.
7.2 Nothing herein shall be construed or is otherwise intended to waive Last Stand Cards & Collectibles’ general Terms and Conditions; provided that in the event of any conflict between the terms and conditions herein and any general terms and conditions, the terms and conditions herein shall prevail and control for all purposes.
7.3 All services, programs, content, data, and features of Website, without limitation, are provided “as is,” without warranty, express or implied under any construction of statute, common law, or practice. Last Stand Cards & Collectibles assumes no liability for any damages that may arise from the transmission of viruses. Last Stand Cards & Collectibles shall not be responsible for interruptions in the internet, Last Stand Cards & Collectibles’ (or any related website) being unavailable, even if such unavailability results in any potential purchaser from submitting in connection with any purchase.
7.4 Last Stand Cards & Collectibles reserves the right to make changes and corrections to any of the content available at this Website, at any time, without notification. We do not guarantee the accuracy of any information available, and disclaim all liability for any inaccuracy, omission, or error. Last Stand Cards & Collectibles reserves the right to deny access to its website without explanation or reason.
GENERAL
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Last Stand Cards & Collectibles failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
This Agreement constitutes the entire agreement and understanding between the parties with respect to the transactions contemplated on Last Stand Cards & Collectibles. Neither party shall be liable to the other for any special, consequential, or incidental damages. This Agreement shall be binding upon Consignor s heirs, distributes, executors, legal representatives, successors, and assigns.
End of Terms and Conditions
