Introduction
The Coin Shop Also Known AS And Doing Business As (DBA) CASH4COINS.US ( hereafter referred to as the "Company") provides an online process for consumers to sell their coins (the "Products") to the Company (the "Services"). The Company reserves the right to amend, cancel or alter these Services at our sole discretion.
THE USE OF THE SERVICES IS GOVERNED BY THE TERMS AND CONDITIONS SET FORTH BELOW IN THIS SELLER AGREEMENT ("AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF THE SERVICES INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.
THE COMPANY MAY AMEND THIS AGREEMENT AT ANY TIME BY POSTING THE AMENDED TERMS. EXCEPT AS STATED BELOW, THE AMENDED TERMS WILL AUTOMATICALLY BE EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED.
Your use of the Company's Services may be terminated or suspended if you do not comply with this Agreement, our policies and procedures, or for any other reason the Company determines necessary, in its sole discretion.
Seller's Representations and Warranties
You (or the "Seller") represent(s) and warrant(s) that: (A) the Seller is not under the age of eighteen (18); (B) the Seller has all the necessary right, title, and authorization to distribute the Product(s) and to permit the Company to offer, sell, and deliver the Product(s) to any third party; (C) the Product(s) and the rights granted under this Agreement do not infringe the proprietary rights, including, without limitation, copyrights, patents, domain names, trademark rights or any other intellectual property rights, of any third party; (D) the description of the Product(s) is truthful, accurate and complete. The Seller also represents and warrants that the description of the Product(s) and the Product(s) are not: (i) false, inaccurate, or misleading; (ii) fraudulent or involve the sale of counterfeit or stolen items; (iii) in violation of any law, statute, ordinance, or regulation (including, but not limited to those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising).
Seller Contact Information
The Seller understands that using the Services requires the Seller to provide the Company with accurate and complete contact names, contact phone, and e-mail address. The Company shall not be held responsible for communication errors should the Seller's contact information be inaccurate or incomplete. In addition the Seller must make sure that they can receive emails from the Company. The Company is not responsible for any e-mails that are blocked or filtered as spam.
Product Shipment
The shipment of the Seller's Product(s) confirms the Seller's acceptance of the Company's price and condition offer. It is the responsibility of the Seller to ship all Product(s) using one of the shipping methods provided by the Company within 5 days of the initial offer date. If the Product(s) are postmarked within 1 day of the initial offer date, the Company’s initial offer will be valid, unless the Product(s) do not meet the stated condition. See Exceptions and Return Policy below for more details on what happens if the Product(s) do not meet the stated condition. Cost to ship Seller's Product(s) will be reimbursed/added to payment up to $7.95.
Receipt of Product(s) and Quality Verification
Company will notify Seller of receipt of Product(s). If Seller has provided all of the Product(s) as detailed in the initial transaction and if Company verifies that the Product(s) are in the condition as identified by the Seller in the initial transaction the Company will provide payment as detailed below.
Exceptions and Return Policy
It is important that you review any communication from Company about the transaction in a timely fashion so that Company can ensure that it honors your wishes with respect to accepting a revised offer or returning the Product(s) to you.
In all cases, should you receive a revised offer from the Company, the initial offer is immediately rescinded. The Company reserves the right to notify you in the case of an errant offer based on a database error and return the Product(s) to you at no cost.
Payment Options
Payments will be made within 5 business days of the verification of Product(s) or of acceptance of a new offer as detailed above to Seller’s PayPal Account. If Seller does not have a PayPal Account account, Sellers may choose to have payment made via USPS Postal Money Order or a Company Check. Seller needs to supply the correct email address for the corresponding online service. If the seller chooses to receive an USPS Postal Money order or Comapany Check, payment can take up to 4 additional days and will need to supply a mailing address for delivery.
Pricing
All pricing is subject to change without notice. The Company reserves the right to make adjustments to price offers at any time in its sole discretion. The Company reserves the right to void any transaction and return the Product(s) to the Seller.
Use of Services
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by the Company, unless you have been specifically allowed to do so in a separate agreement with the Company. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with the Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
Customer Service
Seller may contact the Company at info@cash4coins.us or by calling (248) 446-1445.
Independent Contractor
This Agreement in no way constitutes or gives rise to a partnership, joint venture or other relationship between the parties. Each party will operate under the terms of this Agreement as an independent contractor and not as an agent for the other.
Breach
Without limiting other remedies, the Company may immediately terminate the Services, and refuse to provide future Services to the Seller if: (A) the Seller breaches this Agreement, (B) the Company is unable to verify or authenticate any information provided by the Seller, (C) the Company believes that the Seller's actions may cause financial loss or legal liability for the Seller, the Company, or any of its affiliates or customers, or (D) the Company suspects that the Seller (by conviction, settlement, insurance or escrow investigation, or otherwise) has engaged in fraudulent activity in connection with the Product(s).
Indemnity
The Seller agrees to indemnify and hold the Company and their respective parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due, connected to, or arising out of the Seller's breach of this Agreement, or the Seller's violation of any law or the rights of any third party.
Warranty Disclaimer
The Company, its officers, managers, employees, and suppliers provide the Services "as is" and without any warranty or representation of any kind, express, implied or statutory. The Company, its officers, managers, employees, and suppliers specifically DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties or limitations on the duration of implied warranties, so the foregoing disclaimer may not apply to the Seller in such states. The Seller may also have other legal rights that vary from state to state.
Waiver of Consequential Damages
IN NO EVENT WILL THE COMPANY BE LIABLE TO SELLER FOR ANY INCIDENTAL, CONSEQUENTIAL EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES arising out of this Agreement or its termination, regardless of the form of action (including, but not limited to, negligence) and irrespective of whether the Company has been advised of the possibility of any such loss or damage. The Company is not responsible for items lost in transit. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the Seller in such states. The Seller may also have other legal rights that vary from state to state.
Maximum Liability
The Company's aggregate liability and the liability of their respective officers, managers, employees, and suppliers to the Seller or any third parties in any circumstance is limited to the greater of (A) the estimated value of the Product(s) as stated in the initial transaction or (B) $50.
Release
The Seller releases the Company (and the Company's officers, directors, agents, subsidiaries, joint ventures, employees, successors and assigns) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from or in any way connected with the Services.
General
The Seller and the Company agree that this Agreement will be governed in all respects by the laws of the United States of America and the State of Michigan, and that both parties waive any rights to a trial by jury. All notices or requests pertaining to this Agreement will be in writing and will be sent by email, facsimile or recognized commercial overnight courier. Notices will be deemed received upon receipt of written confirmation of transmission when sent by facsimile/email or signing for receipt of delivery if sent by overnight courier. Notices will be sent to the Seller at the addresses provided. The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of this Agreement govern, any prior or collateral agreements with respect to the subject matter hereof.