THE FOLLOWING TERMS AND CONDITIONS APPLY TO ANY SALE FROM THIS WEBSITE BY MITCHELL SPIVACK (hereinafter "Seller"):
1. You, as the buyer (hereinafter “Buyer”) shall read these Terms and Conditions of Sale and purchasing any coin(s) or coin-related merchandise such as medals or bullion or other property or merchandise (collectively “Coins”) from this website constitutes an express acceptance by Buyer of all of these Terms and Conditions stated herein. Buyer shall be bound by these Terms and Conditions with respect to any purchase made through this website.
2. Seller reserves the right to cancel or void any sale without notice. No Buyer shall have rights to any claim for any damages whatsoever against Seller, Seller’s consignors or Seller’s employees or relatives stemming from such cancellation or voiding of a sale by Seller, loss or missed sale for any reason including, but not limited to, internet failure, server failure or website malfunction. Any posted asking price on this website is subject to change without notice, and any prices posted in error may be corrected at any time by Seller.
3. Any Coins offered or sold from this website shall remain the property of Seller until both paid for in full with clear funds by Buyer and actually received by Buyer through Seller’s consummated delivery of such Coins . Any check tendered by buyer to Seller as full or partial payment on any sums due to be paid for the purchase of Coins, shall not constitute payment until said check has cleared through normal banking channels.
4. All prices set out on this website for items for sale are subject to change, and any prices posted in error may be corrected at any time including after Buyer has paid for such item(s). Buyer assumes all risks with respect to any Coins offered on this website. Buyer acknowledges that coin grading is not a science and that it is very possible that two parties might grade the same coin differently.
5. The descriptions for Coins sold on this site are the personal opinion and arbitrary assessment of Seller, Seller’s consignors or Seller’s employees or relatives and neither Seller nor its consignors, employees o relatives shall be held responsible for any such opinions. There shall be no explicit or inferred warranty by Seller for any items offered for sale on this website with the sole exception that all Coins are genuine (unless otherwise stated in the specific offering).
6. Seller reserves the right to include in its offerings on this website its own Coins, as well as Coins owned by its customers, employees or relatives (hereafter “Consignment Coins”). These Consignment Coins will not be identified in any different manner as the Coins owned outright by Seller. All images posted on this website for the purpose of offering online inventory for sale may not be representative of the actual size of the Coins they depict or otherwise accurate as to the precise appearance of such Coins.
7. Seller shall receive payment from Buyer within (7) business days of confirmation of an order by Seller, or Seller, in his sole discretion, may cancel the order and void the sale. Buyer warrants and represents to Seller that he or she is of legal age (at least 18 years old) to place an order.
8. All transactions on this website are designated in United States dollars. Payment for any purchase from this website shall be made via bank wire, money order(s) or personal or bank check(s) only from the Buyer, except that Seller may accept Paypal as a form of payment if Seller approves such method of payment in writing to Buyer in advance of consummating a deal with Buyer on a Coin(s). There is a $25.00 fee for any returned checks. Buyer shall be accountable for all state and or local sales taxes that may be applicable to any purchase by Buyer on this website.
9. Shipping and handling charges shall be paid by the Buyer and will include insurance covered by the Seller. For orders of $1,500.00 through $5,000, the fixed shipping fee shall be $20.00. For orders of $5,001 through $10,000, the fixed shipping fee shall be $30 and for all orders in excess of $10,000, the fixed shipping fee shall be $40.00. Seller’s obligation under the insurance shall only exist while the Coins are in transit and until delivery of such Coins is made by the United State Postal Service (“USPS”) to either Buyer or Buyer’s agent as determined by the USPS Seller will file a claim with the USPS for loss or damage upon written notification by Buyer of such loss or damage. Buyer shall notify Seller within fifteen (15) business days from Seller’s original shipping date and failure to provide Seller with such notice of loss or damage shall void Seller’s obligation to insure such shipment. Seller shall also have no responsibility or obligation to Buyer with respect to the Coins following delivery of such coins by the USPS.
10. As a courtesy to its customers, Seller offers a return policy on Coins sold on this site expressly subject to the following conditoins: (a) Buyer shall notify Seller in writing via an email to email@example.com within (48) hours of receipt of the Coins; (b) Buyer shall return such Coins via fully insured registered mail within five days of receiving the shipment at Buyers expense. After five days from the date of receipt, all rights of return shall be voided and no returns will be accepted. All returns shall be void if the returned Coins have been altered in any way or have been removed from their original sealed holders as shipped by the Seller. A non-negotiable five (5%) percent return handling fee will be deducted from any refund for returned Coins.
11. The information provided on this website, including, but not limited to, any articles or commentary written by Mitchell Spivack, Justin Spivack or Lauren Spivack and appearing on this website, is for reference use only, and shall not constitute the rendering of investment, legal, financial, or other professional advice or recommendations by Seller. The coin market is speculative and unregulated. Population or census figures quoted in offerings or anywhere else on this website are based on information available to Seller at the time such information is mentioned. These numbers are not guaranteed and should not be used as a basis for purchasing any items either sold by Seller or anyone else, or selling any items to anyone. Likewise, mintage figures mentioned on this website should not be assumed to be accurate, are not guaranteed by Seller and should also not be used as a basis for purchasing any items either sold by Seller or anyone else, or selling any items to anyone. Seller does not sell coins as an investment, and does not offer investment advice or guarantee profits. Seller expresses no opinion on the soundness as an investment of any Coins.
12. The proper forum for resolving any disputes or claims stemming from these Terms and Conditions shall be the state or federal courts located in the State of California, County of Orange, and the Buyer hereby consents to being amenable to such jurisdiction and venue, and waives any and all objection thereto as a further inducement to Seller entering into the sale of Coins to the Buyer. Any transaction involving the sale of Coins by Seller from this website shall be governed by and construed under the laws of the State of California.
13. The minimum order amount from this website shall be $1,500.00. No order under $1,500.00 will be accepted under any circumstances.
14. Seller has provided buyers from this website the following IMPORTANT NOTICE:
FACTORS YOU MUST CONSIDER IN PURCHASING COINS
RISK: The purchase of coins is highly speculative and involves substantial risk. As in other markets, coin prices can be extremely volatile and will rise and fall depending upon market conditions. Therefore, before purchasing coins, you should first have adequate cash reserves and other assets to absorb a potentially significant loss.
HOLDING PERIOD: Historically, few coins have appreciated dramatically in the short term. Therefore, purchasers should recognize that it may well be necessary for them to hold coins for a 3-5 year period, or even a 5-10 year period, to have any chance of realizing a significant gain.
8. Purchasing Coins from Seller constitutes acknowledgment that buyer has read all of these terms and conditions and accepts them. Seller reserves the right to modify these terms and conditions of sale and buyer should review them periodically for any possible updates or modifications.