Terms & Conditions of Sale

Participating in an Auction

By bidding on auctions, you agree that these Terms & Conditions of Sale, as modified by any additional notices or terms published on our website, are your entire agreement with the Seller and GradedAuctions.

Minimum Bids (Reserves)

All lots have a minimum bid designated in the items listing. Certain lots may also have a reserve prices, which is the confidential price below which the lot will not be sold for. The reserve may be greater than the minimum bid. If the bidding does not meet the reserve at the close of the auction, the listing will be designated as “unsold.”

GradedAuction Premium

A GradedAuction premium will be added to the total price and is payable by the purchaser as part of the total purchase price for the buyer on GradedAuction. The premium is calculated as follows:

  • Ten percent (10%) of the listings price paid by seller within five (5) days of the date of the invoice.
  • MGC Members Eight Percent (8%) of the listings price paid by seller within five (5) days of the date of the invoice.

Registering to Bid

If you dont already have an account at GradedAuction you must register online at gradedauction.com/account/register to register to bid. An email will also be sent to new users to successfully create the account.

To bid, you must next accept the Terms & Conditions of Sale. You may then place bids once the auctions that are active. You agree that all bids that you submit are final and can not be taken back. GradedAuction reserves the right, in its sole discretion, to refuse your participation before, during, or after the sale.

Bidding

The bidder who places the highest bid accepted by GradedAuction will be the purchaser of the lot. GradedAuction has absolute discretion in all matters relating to bidding, including, but not limited to, identifying the winning bidder, handling mistakes or errors in bidding, re-opening bidding, cancelling the sale, and re-offering the item for sale. Neither GradedAuction nor the Seller is liable for any errors in the bidding process. ALL BIDS ARE FINAL and are legally binding commitments on the part of the bidder.

Bidding on the auction will be opened immediately upon the launch of the auction on the GradedAuction website. All initial bids must be placed before the closing time set forth for the auction on the GradedAuction website. If you are outbid, you will be notified by email if you have elected on the GradedAuction website to receive outbid notices. The bidding will proceed as follows:

  • If you are the only bidder on a item at the time on the GradedAuction website as the closing time of the auction, you will be the successful bidder unless your bid is not equal to or greater than the Minimum Bid or the Reserve. And will receive an email notifying the winner of the auction this also.
  • In the event that more than one bidder placed a bid on the item prior to the time on the GradedAuction website at the closing time, whichever bid was the last bid will the the winner of that auction.

Other Bidding

GradedAuction reserves the right, in its sole discretion, to execute bids through email or telephone, but shall have no obligation to do so and shall not be liable for any errors in executing such bids should it agree to do so.

Postponement (Withdrawal)

GradedAuction reserves the right to postpone any auction or withdraw any lot before, during, or after the sale; we shall have no liability whatsoever for such withdrawal. GradedAuction may also, in its sole discretion, extend the closing time for any Lot.

Bidders

By participating in the sale of an item, you represent, warrant, and agree that:

  • Neither you individually nor—if “you” are a company or other entity—any person who owns, partly owns, or controls the company or entity, are subject to trade sanctions, embargoes, or any other restriction on trade in the jurisdiction in which you or it does business, as well as under the laws of the European Union, the laws of England and Wales, or the laws and regulations of the United States (collectively, “Sanctioned Person(s)”);
  • None of the purchase price will be funded by any Sanctioned Person(s), nor will any party involved in the transaction, including, but not limited to, financial institutions, freight forwarders or other forwarding agents, or any other party, be a Sanctioned Person(s), nor owned (in whole or in part) by a Sanctioned Person(s), nor controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation; and
  • You are financially sound and know when and how you will pay for the lot if you are the winning bidder.
  • Your bidding is consistent with the law and is not the product of any collusive, anticompetitive or other illegal agreement, arrangement or conduct.

GradedAuction may request a government-issued identification containing a photograph, such as a passport, identity card or driver’s license, or comparable documents in the case of an entity, including evidence of beneficial ownership of the entity, in order for you to register to bid or following the sale. GradedAuction will use this information to verify your identification and screen for regulatory and financial risk.

Authenticity Guarantee

  • All sales of trading/sports cards, packs, any memorabilia and tickets encapsulated by a Third-Party Grading company (“TPG”) (including, but not limited to, PSA, Beckett (BGS), SGC, CSG, MGC and CGC are final and not subject to return.
  • GradedAuction does not guarantee that a lot graded by a specific TPG will receive the same grade from another TPG. A difference in opinion between TPG companies is not a basis for rescinding a sale of the lot.
  • The sale of ungraded trading cards and game tickets are final and not subject to return.

Population report information and other lot information listed in the description is accurate up to the time in which a lot is posted for auction and is subject to change. GradedAuction is not liable if information changes during the auction. Some lots may contain incomplete sets, and the contents listed or described comprise the full extent of the items presented for sale. Potential bidders are encouraged to ask questions prior to bidding, as the sale of each lot is on an "as-is" basis, and all sales are final.

Comics

  • All sales of comics that have been graded by Certified Guarantee Company (“CGC”) or another company within the respected list with respect to comics, all sales are final and not subject to return.
  • GradedAuction does not guarantee that a lot graded by CGC, or another company within the respected list will receive the same grade from another TPG. A difference in opinion between TPG companies is not a basis for rescinding a sale of the lot.
  • The sale of ungraded comics are final and not subject to return.
Other Lots Authenticated by a TPG
  • The sale of any other lot that has been authenticated by a TPG is final and not subject to return.

    GradedAuction has the sole discretion to waive any of the above requirements.

    You agree and understand that the rescission of a sale and the refund of the original purchase price paid is your sole remedy and in lieu of any other remedy which might otherwise be available to you. Neither GradedAuction nor Seller shall be liable for any special, punitive, incidental, consequential, or other damages incurred or claimed including, but not limited to, lost profits or interest.

    Condition, etc.; As Is

    We guarantee the authenticity of the lot to the extent described in the Authenticity Guarantee, and that you will receive good title to the lot to the extent required by law. Otherwise, you agree that each lot is sold “as is” and in the condition that it is in at the time of the auction. Neither GradedAuction nor the Seller makes any representations or warranties of merchantability, fitness for a particular purpose, correctness of the catalogue or other images, or descriptions of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature, or historical relevance of any lot. No statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, a bill of sale, or elsewhere, can be relied on by you or others to be a warranty, representation, or shall give rise to the liability of GradedAuction or the seller. Images and condition reports are not meant to be complete or a substitute for assessing the condition of the lot yourself or through an agent you may engage; they are for guidance only. Nothing in any written or oral descriptions of a lot constitutes a representation of fact; they represent the opinions held by GradedAuction.

    Record of Sale

    The record of sale kept by GradedAuction is absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale kept by GradedAuction, the record of sale will govern.

    GradedAuction reports the results of its auctions on its website. Such reported sales results may not reflect promotional or other discounts that apply against the amount due for a lot.

    Winning Bidder’s Obligations

    Subject only to these Conditions of Sale, the closing of the lot establishes a binding contract and the winning bidder. GradedAuction will email an invoice in the name of, and with the address registered for the bid, to the winning bidder, which cannot be transferred to other accounts, names, or addresses without GradedAuction’s explicit agreement in writing.

    Payment

    • Unless otherwise agreed by GradedAuction in writing, the winning bidder must pay the full price invoiced (including GradedAuction premium, applicable tax, and other amounts due), so that it is received by GradedAuction in good, cleared funds within five (5) days of the close of the auction. GradedAuction will email the invoice to the buyer the first business day after the close of the auction.
    • The purchaser authorizes GradedAuction, in its sole discretion, to place a hold on the purchaser’s credit card at the close of the auction in an amount equal to ten percent (10%) of the full amount due. In the event payment has not been made within five (5) days of the close of the auction, the purchaser further authorizes GradedAuction to charge the purchaser’s credit card the full amount due.
    • GradedAuction accepts payment by credit card (Visa, MasterCard, American Express and Discover) and PayPal.
    • GradedAuction, may in its sole discretion, grant purchasers extended payment terms prior to auction.

    Title

    Title to, and right to possess, a lot will not pass until GradedAuction has received the full purchase price in good, cleared funds. GradedAuction is not obligated to release a lot to the winning bidder unless he, she, or they have paid the full purchase price (inclusive of the GradedAuction premium, taxes, and any other costs identified by GradedAuction).

    Shipping and Collection of Property

    • No lot will be released or shipped to a purchaser until GradedAuction has received full payment in good, cleared funds..
    • For those lots that are shipped to the purchaser, GradedAuction will include in the invoice costs for packing, shipping and insuring the lot(s). Lots will be shipped via Royal Mail (Domestically or internationally) to a physical address (i.e., not to a PO Box). Invoices greater than £500.00 will require an adult signature to accept delivery.
    • GradedAuction shall otherwise have no liability for loss or damage to the lots. Buyers are responsible for filing any claims with carriers for damaged or lost shipments.
    • Extremely large or heavy items may require special shipping arrangements; GradedAuction recommends that bidders contact us before bidding on such items to determine the approximate shipping cost.

    Data Protection

    GradedAuction will hold and process your personal information and may share it with its third party service providers for use as described in, and in line with, GradedAuction’s Terms and conditions, published on its website at here. We also may use your personal information such as phone numbers to contact you regarding your submission. Under European data protection laws, you may object, by request and free of charge, to the processing of your information for certain purposes, including direct marketing, you may access and rectify personal data relating to you, and may obtain more information about GradedAuction’s data protection policies by emailing GradedAuction

    Concerns about Funds

    GradedAuction has the right to refuse to accept payment if, in its sole discretion, it has concerns about the accuracy of any of the representations and warranties above, payment comes from a source other than the registered winning bidder identified by GradedAuction as the purchaser of record, or if it believes that accepting the payment would be unlawful or may subject GradedAuction to any liability.

    Unmet Payment Obligations

    Without prejudice to any rights the Seller may have, if you fail to pay the full purchase price invoiced (including GradedAuction premium, applicable tax, and other amounts due) for a lot in good, cleared funds within five (5) days of the close of the auction, we may in our sole discretion exercise one or more of the following remedies:

    • Pay for the lot in full using the payment method that you provided us at the time you registered to bid;
    • Cancel the sale of the lot, retaining any partial payment as liquidated damages;
    • Charge interest at 1.5% per month from the date payment became due until the date the full purchase price is received in cleared funds;
    • Resell the lot by auction or private sale, it being understood that in the event such resale is for less than the original hammer price plus GradedAuction premium for that lot, the initial purchaser will remain liable for the shortfall together with all costs incurred in connection with such resale;
    • Charge on your payment method account on file a partial amount due as a deposit or the full amount due and outstanding for any potential shortfall as described above and/or a default fee of $500 or 10% of your outstanding balance, whichever is greater;
    • Commence legal proceedings to recover the hammer price plus GradedAuction premium for that lot, together with interest, reasonable attorney’s fees, and the costs of such proceedings;
    • Set off the outstanding amount remaining unpaid by the purchaser against any amounts which we may owe the purchaser in any other transactions; and/or
    • Release information about the winning bidder sufficient to enable the Seller to recover the amounts due from the auction, plus costs and reasonable attorneys’ fees, in legal proceedings or otherwise.

    GradedAuction additionally reserves the right to, at its discretion:

    • Share information about the winning bidder with other auction houses, other grading and authentication companies, and/or third party, or print it in the next blog;
    • Release information about the winning bidder sufficient to enable the Seller to recover the amounts due from the auction, plus costs and reasonable attorneys’ fees, in legal proceedings or otherwise; and/or
    • Permanently ban your account or reduce your credit limit due to late/non payment.

    Resolving Disputes

    We hope never to have any disputes with you but, if we do, we will first try to resolve it amicably if we (in our sole discretion) believe that we reasonably can. If we do not resolve the dispute, this section contains the important terms to which you and other bidders agree by participating in the auction.

    Governing Law and Jurisdiction

    These Conditions of Sale, as well as bidders’, the purchaser’s, and our respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the United Kingdom.

    Dispute Resolution

    The parties mutually agree that any and all disputes, claims or controversies arising out of or relating to the Conditions of Sale (“Claims”) shall be submitted to court, and their respective lawyers, or its successor, for individual, final, and binding arbitration in the United Kingdom. These terms and conditions and any noncontractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with the substantive laws of the United Kingdom to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. In the event of a dispute arising out of these Conditions of Sale, Buyer consents to accept service of any process via electronic mail to the email address that Buyer registers with GradedAuction; for the avoidance of doubt, Buyer explicitly waives any requirements for or rights to foreign service of process under the Hague Service Convention or other applicable law or treaty and expressly acknowledges that the parties’ mutual agreement to arbitrate means limits on pre-hearing discovery and a waiver of a right to a jury trial as well as a waiver of the right to participate in any class action lawsuits, class-wide arbitrations, private attorney-general actions, any action combining individual proceedings without the consent of all parties, and any other proceeding where someone acts in a representative capacity. Judgment on any award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party to the non-prevailing party.

    Limitation of Liability

    Under no circumstances shall the aggregate liability of GradedAuction and the Seller to a purchaser exceed the purchase price actually paid. GradedAuction will not be liable for any errors or failures to execute bids or for any errors or failures caused by (i) a loss of connection to the internet or to GradedAuction’s online platform or website by either GradedAuction or a bidder; (ii) a breakdown or problem with GradedAuction’s online platform software or website; or (iii) a breakdown or problem with a bidder’s Internet connection, mobile network or computer.

    Last Modified: August 19th, 2022