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Buyer Terms

Applicability

These Buyer Terms ("Terms") govern all bids and purchases made on Ungraded Ltd's ("Ungraded", "We", "Us") website for trading cards. Before placing a bid, users must have an existing Ungraded account and have accepted:

Any additional terms and conditions that may be linked to these Terms.

Placing a bid or offer through an auction or fixed-price list signifies your agreement to be bound by these Terms. In the event of any discrepancy between these Terms and any terms proposed by you, these Terms shall prevail.

Terms

  1. By using Ungraded, you must comply with these Terms and any other applicable guidelines or terms regarding bids, offers, or purchasing Items.
  2. "Shill bidding" is not allowed. All bids and offers should be made in good faith. It is prohibited to manipulate, interfere, or attempt to interfere with the bidding process or any website activity using any device, software, or routine. You agree to refrain from actions that put an excessive or disproportionate load on Ungraded's infrastructure.
  3. Placing multiple bids on the same Item from different accounts is prohibited.
  4. We reserve the sole discretion to reject or decline any bid or offer.
  5. If multiple bidders place bids of the same amount, the leading bid will be awarded to the user who placed it first, as determined by Ungraded.
  6. You acknowledge that all purchases are final and that your bids or offers must be honoured in case of a sale. Without Ungraded's prior written consent, bids, offers, or purchases cannot be withdrawn or canceled.
  7. Returns are not accepted unless Ungraded determines there was an error in the sale process.
  8. You agree and understand that a buyer's premium, as specified in the fee structure, will be added to the final sale price of any Item. Your winning bid, the applicable buyer's premium, and any taxes will determine the final price you pay for an Item.
  9. Payment for purchased Items must be submitted within five business days of the applicable auction's closing in which the Item is purchased.
  10. Purchased Items will be shipped to the address provided at the time of payment.
  11. If you have any questions regarding an Item, bidding, the payment process, or any other auction-related terms, please notify an Ungraded staff member as soon as possible.
  12. Auctions may have an extended bidding period starting at the originally stated closing time of each auction. If any bid is received within the last 5 minutes of the original stated closing time, the Extended Bidding Period begins. During Extended Bidding, the Extended Bidding time resets back to five minutes each time a new bid is received. If Extended Bidding extends beyond 30 minutes after the originally stated closing time, the additional time added after a bid is received is reduced to 1 minute. Until no further bids are received, the auction continues in this manner, extending by 1 minute.

Cancellations and Changes

  1. If an Item's price is listed incorrectly due to a typo, pricing error, availability issue, or other information error, Ungraded has the right to cancel the auction and corresponding purchase. This applies even if the purchase was confirmed, a winning bidder was identified, or payment has already been made. In the case of a canceled auction or purchase where payment has been made, Ungraded will issue a refund to the original payment method within a reasonable time frame.
  2. Ungraded can change information about an Item's price, availability, or other attributes without notice.
  3. Ungraded reserves the right to refuse service to a customer or cancel a purchase without prior notice, even after it has been submitted.
  4. Auction closing times, including the Extended Bidding Period, are approximate. Ungraded can close an auction earlier or later than the scheduled time or cancel it entirely for any reason.
  5. Ungraded may require additional verification or information before accepting or shipping an Item.
  6. Receiving a purchase confirmation or acknowledgement of a winning bid from Ungraded does not guarantee acceptance of the purchase or confirmation of the offer to sell.

Modification of Terms

Ungraded reserves the right to alter these Terms at any time by publishing them on its website. It is advised to regularly check this page for the latest version of the Terms before participating in an auction or making purchases. Items sold through Ungraded after any modifications to these Terms will adhere to then-current version of the Terms.

Indemnification

Beyond any other indemnification obligations that may arise from applicable Terms and Conditions of use related to Ungraded Ltd's operations, you will defend and compensate Ungraded, its affiliates, and their respective members, managers, employees, agents, successors, and assigns against any first-party or third-party claim, lawsuit, action, judgment, liability, loss, cost, expenses, and other damages—including legal fees and court costs—stemming from or linked to:

  1. Your purchase of Items through an Ungraded Ltd.
  2. Your violation or alleged violation of these Terms.
  3. Any actual or alleged wrongful or negligent act or omission by you or anyone acting on your behalf.

Limitation of Damages

Under no circumstances will Ungraded or any of its associated members, managers, employees, or agents be held liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages, regardless of whether Ungraded had prior knowledge of the potential for such damages. Additionally, Ungraded shall not be liable for any loss of revenue, data, or profits resulting from your involvement in an auction.


Miscellaneous

  1. Ungraded's decision not to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
  2. We retain the right to assign all or some rights and obligations to third parties whenever we deem necessary.
  3. Ungraded will not be held responsible or liable for any losses, damages, delays, or failures resulting from circumstances beyond our reasonable control.
  4. If any provision or part of a provision in these Terms is found to be illegal, void, or unenforceable, it will be considered separate from the remaining provisions, which will continue to be valid and enforceable.
  5. These Terms do not create any joint venture, partnership, employment, or agency relationship between you and Ungraded Ltd.