Legal

Terms of Service

Last updated [DATE]

1. Acceptance & who we are

B&M Cards (“B&M Cards,” “we,” “us”) is operated by [ENTITY NAME], a [STATE] limited liability company. These Terms of Service (the “Terms”) govern your access to and use of bandmcards.com and any related services (collectively, the “Site”).

By creating an account, accepting an invite, placing a bid, making an offer, or completing a purchase, you agree to these Terms. If you do not agree, do not use the Site.

2. Eligibility & invite-only access

The Site is private and invite-only. To register, you must redeem a valid invitation code that we have issued to you or that an authorized inviter has shared with you.

You must be at least 18 years old and capable of forming a binding contract under U.S. law. Membership is currently limited to U.S. residents with U.S. shipping addresses.

3. Account responsibility

You are responsible for the activity on your account, for keeping your password confidential, and for promptly notifying us of any unauthorized use. You may maintain only one account. Creating a second account, sharing an account, or transferring an account is prohibited and may result in suspension and forfeiture of any pending bids or offers.

4. Listings, descriptions & photos

B&M Cards is the sole seller on the Site. We describe each card to the best of our ability based on our examination and, where applicable, third-party grading. Photographs are taken in good faith and are intended to be representative; minor variations in color, lighting, and gloss are inherent to photography and are not defects.

Where a card has been graded by a recognized third party (e.g., PSA), we will note the grade and certification number. Raw (ungraded) cards are sold as-described and as-shown.

5. Purchases, payment & shipping

Payments are processed by Stripe, who is the merchant of record for card purchases on the Site. Prices are listed in U.S. dollars and do not include applicable sales tax, which will be calculated at checkout where required.

We ship via the United States Postal Service. Our default service is USPS Ground Advantage, with insurance and signature confirmation on higher-value orders at our discretion. Risk of loss passes to you upon delivery to the carrier; if a package is lost or damaged in transit, contact us promptly so we can help you file a claim.

6. Auctions

6.1 Bids are binding

When you place a bid, you make a binding commitment to purchase the item at that price if you are the high bidder when the auction closes. You may not retract a bid except in narrow circumstances (e.g., a clear typographical error in the bid amount) and only if you contact us before the auction closes.

6.2 Proxy (max) bidding

The Site uses proxy bidding. When you set a maximum bid, the system will bid on your behalf in increments only as high as needed to keep you in the lead, up to your maximum. Your maximum is not shown to other bidders.

6.3 Auto-extension

To prevent last-second sniping, any bid placed in the final minutes of an auction will automatically extend the close time. The exact extension window is shown on each auction page and may be adjusted at our discretion.

6.4 Reserves

Some auctions carry a reserve price. If the reserve is not met, we are not obligated to sell the item. Whether a reserve is in place and whether it has been met is disclosed on the auction page.

7. Offers

Where an item supports offers, you may submit a price you are willing to pay. An offer becomes a binding contract for sale once we accept it. We may accept, decline, counter, or ignore any offer. Offers expire after the period stated on the listing or when withdrawn before acceptance.

8. Returns & refunds

Returns and refunds are governed by our Returns & Refunds Policy, which is incorporated into these Terms.

9. Pricing & errors

We work hard to keep prices accurate, but errors happen. If a listed price, grade, or description contains a clear mistake, we reserve the right to correct the error and to cancel any sale or accepted offer that resulted from a clearly mistaken price. In that event, we will issue a full refund of any amount paid.

10. Intellectual property

The cards themselves remain the intellectual property of their respective rights holders (manufacturers, leagues, players, etc.). When you purchase a card from us, you take ownership of the physical card and any rights that legally pass with the physical object — nothing more.

The Site itself — including our photography, copy, layout, logo, and software — is owned by B&M Cards. You may not copy, scrape, redistribute, or create derivative works from the Site without our written permission.

11. Prohibited conduct

Your use of the Site is subject to our Acceptable Use Policy. Violations may result in suspension or termination of your account and forfeiture of pending bids or offers.

12. Disclaimers

Except as expressly stated in these Terms or our Returns Policy, the Site and all items sold through it are provided “as is” and “as available.” We make no warranties, express or implied, regarding future market value, investment potential, or grading outcomes by any third party.

13. Limitation of liability

To the maximum extent permitted by law, our aggregate liability to you arising from or related to the Site or any item purchased through it will not exceed the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim or (b) one hundred U.S. dollars (US$100). We will not be liable for indirect, incidental, special, consequential, or punitive damages.

14. Indemnification

You agree to indemnify and hold us harmless from any claim, loss, or expense (including reasonable attorneys’ fees) arising out of your breach of these Terms or your misuse of the Site.

15. Governing law & arbitration

These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Site will be resolved by binding individual arbitration administered by a recognized arbitration provider in [STATE], except that either party may bring an individual claim in small-claims court. You and we both waive the right to a jury trial and to participate in a class action.

16. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will notify registered members by email and post the updated Terms here with a new “Last updated” date. Continued use of the Site after the change constitutes acceptance.

17. Contact

Questions about these Terms? Email us at support@bandmcards.com.

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