1). Binding Contract. Please read these terms and conditions carefully. By completely filling out and sending a Sell Order Form ("SOF") to HighGradeComics.com you are creating a binding contract between you and HighGradeComics.com which is governed solely by these terms and conditions and under which you and HighGradeComics.com have enforceable legal rights and obligations.
2). Offer to Sell. Upon HighGradeComics.com's receipt of your email request, you have made an offer to sell each comic book posted on your SOF in the condition and for the price set forth opposite the description of such comic book on your SOF. If the comic book listed on your SOF is no longer available at any time after you place the order, you are obligated to notify HighGradeComics.com via email, telephone, or fax. One requirement that we do have is that as long as an item is posted on HighGradeComics.com it cannot be offered for sale on EBAY or any other auction site. Failure to adhere to this requirement may result in the termination of your HighGradeComics.com seller account.
3). Execution of Sales. Upon notification from HighGradeComics.com that your sell order can be filled, you are obligated to ship that comic book to HighGradeComics.com at your expense by a recognized courier service such as the U.S. Post Office or UPS. You must use best efforts to make certain that HighGradeComics.com receives your comic book within five (5) business days following the date you have been notified, or HighGradeComics.com is not obligated to process the sale. In the event that a carrier charges HighGradeComics.com a receiver's fee or a customs fee, that fee will be passed on to you.
4). Insurance. Solely you are responsible for insuring your comic book(s) while in transit to HighGradeComics.com. HighGradeComics.com is not responsible for any damage to, or loss of, your comic book while in transit to HighGradeComics.com.
5). Payment. For your protection, HighGradeComics.com will not ship your comic book to the buyer unless and until HighGradeComics.com has received payment in full in clear funds from the buyer. In cases where foreign or out-of-state checks are received from a buyer, it may take several days and even up to two weeks before funds are clear and HighGradeComics.com will ship your comic book to the buyer. Payment to you for your comic book may be up to 30 days following the date you ship it to HighGradeComics.com. HighGradeComics.com will always send you payment, however, within five (5) business days following the date that the buyer's six (6) day acceptance/rejection period has elapsed. Payment to you will be made by check and mailed by regular U.S. mail to your address set forth in the sell order form. If, for any reason, the buyer has not provided payment in clear funds to HighGradeComics.com within 21 days following the date you were notified of the sale, HighGradeComics.com will, at your option, re-ship your comic book to you, and HighGradeComics.com shall have no further obligation to you with respect to such transaction.
6). Condition of Comic Book; Satisfaction Guarantee. Every comic book shipped by HighGradeComics.com comes with a limited unconditional guarantee to the buyer, meaning that, if for any reason the buyer is not satisfied with the condition or authenticity of your comic book, the buyer may notify HighGradeComics.com within seven (7) days of the date received by the buyer that he or she desires a refund. In that case, the buyer is obligated to deliver the comic book to HighGradeComics.com within seven (7) days following the buyer's timely notice requesting a refund. If HighGradeComics.com is not satisfied that the buyer has returned your comic book in the same condition it was shipped to the buyer, HighGradeComics.com will act as an intermediary to resolve the problem between yourself, the buyer, and the carrier. If the comic book is timely returned by the buyer in the same condition, HighGradeComics.com will ship your comic book back to you free of charge. If HighGradeComics.com, in it's sole discretion, determines that the condition of the comic book sent by you to HighGradeComics.com is not in the condition represented, HighGradeComics.com will cancel your sell order and you will be responsible for sending to HighGradeComics.com the full cost of shipping and insurance plus a three dollar handling charge for the return of your comic book to you. Failure to pay return shipping charges within 30 days following a request for payment from HighGradeComics.com may result in the loss of your merchandise.
7). Limitations on Liability. HighGradeComics.com is providing to you a service only. HighGradeComics.com is not your agent or representative. HighGradeComics.com makes no representations or warranties of any kind, express or implied, concerning its services, other than it will perform such services in an honest and competent manner in accordance with these terms and conditions in all material respects. In no event shall HighGradeComics.com be responsible or liable to you for any loss of or damage to, comic books while in transit either to HighGradeComics.com (from you or the buyer) or to you or the buyer, it being understood that in any such event your sole recourse shall be to pursue your rights and remedies against the carrier or shipper. In no event shall HighGradeComics.com be responsible to you for consequential, incidental, special or indirect damages of any kind, including loss of profits, loss of business opportunity or the like, whether incurred by you or third parties, and even if HighGradeComics.com has been advised of the possibility of such damages. In no event shall HighGradeComics.com's total liability to you for actual damages incurred by you with respect to any transaction exceed the sum of $100, and you agree that liability of HighGradeComics.com will exist and arise only if HighGradeComics.com breaches its contractual obligations to you as a result of acts or omissions constituting gross negligence or willful misconduct on the part of HighGradeComics.com.
8). Governing Law. The business and contractual relationship between you and HighGradeComics.com shall be governed by the law of the State of New York, the place where the agreement is deemed to have been consummated, and venue for any dispute relating to that relationship shall be proper only in the state court of Queens County, New York.