Terms & Conditions

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bidStart may change these terms and conditions from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. Your use of bidStart constitutes your consent to these terms and conditions. These terms and conditions are effective from September 27, 2012.

Contents

General Terms and Conditions

bidStart is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this website as stated below, please let us know by contacting us.

This site acts as the window for sellers to create listings and for buyers to bid or purchase those listings. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals or people acting under false pretense. This Website shall not be responsible for any items sold, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This website shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained. This website assumes no liability for the content of the listings. Sellers are solely responsible for their listings. However, if you fall victim to a fraudulent transaction we will assist you as much as we can. If a Buyer fails to pay you for an item that you have sold them, please notify us. We will most likely be able to return to you any fees which you incurred from us by selling your item on this website. We reserve the right to contact any party involved in a transaction to help prevent and resolve any outstanding issues.

All bids, as well as purchases of any form, made on this website, are intended to be binding by both the buyer and seller. However, if we believe, at our sole discretion, that a significant error has been made in the pricing of an item, due to an error of any sort, the transaction is not binding until the seller ships the item to the buyer (regardless of if the buyer has paid for the item).

Rights To Suspend or Terminate

You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if

  • We believe that you are not abiding by the general rules of this website.
  • You have repeatedly broken a certain term.
  • You have listed a suspicious item.
  • You have created more than one account. Note: Users can only have one account. However, if there is a valid reason why you need an additional account, please contact us first to discuss this matter.
  • You have included in your listing an offer to purchase the item listed, or other merchandise outside of bidStart. At the discretion of bidStart a user may also be in violation of this term by including contact information within a listing; all pre-sale contact between buyers and sellers is to take place through the Ask Seller A Question / My Messages system. These same rules apply to any activity on bidStart.com, including posts and other forms of communication whether public or private, including but not limited to the bidStart Forums and bidStart My Community areas. Post-sale contact taking place both through and off of our web-site, including but not limited to My Messages and external emails, can not cause damage or harm to bidStart of any type - including communication which states or implies not to use bidStart for any reason.
  • We believe you to be a non-paying bidder.
  • We believe you have been involved with Shill Bidding (when a seller bids on his/her own items, or has another member bid on his/her items, or any member of the seller's immediate family or household bids on his/her items).
  • We believe, at our sole discretion, that you are contributing to an unfriendly environment, and or taking actions which we believe to negatively affect our business.
  • We believe that, as a seller, you are not a good fit for our website. While we do offer categories to cover most types of items, the primary purpose of our website is to be a marketplace for collectibles. In some cases, at our sole discretion, we may choose to suspend your account and listings for this reason. In such cases, any current outstanding listing and upgrade fees will generally be reimbursed.
  • We believe you have failed to provide buyers with items they have paid for within a reasonable amount of time. We reserve the right to use our discretion when determining what constitutes a reasonable amount of time, but it is generally no longer than two weeks from when payment has cleared, unless prior arrangements have been agreed upon by both parties.

In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated. At this time your account balance with us (if you are a seller, and have an open account balance) is due in full. If your account balance is due, and is not paid in a timely manner, additional fees may be added to your balance to account for interest and fees related to the collection of the balance. Fees which may include, but are not limited to, administrative fees, collection agency fees, as well as attorney and court related fees, if applicable. Suspension or Termination of your account does not void your agreement to these terms and conditions, which will remain applicable.

Your Conduct

You are solely responsible for the contents of your actions through this website. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. This also applies to the username which you select. You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.

bidStart MyMessages are the official and preferred method of communication on bidStart. As a member of our website, particular as a seller, it is your responsibility to reply to all bidStart MyMessages received - in a timely and accurate manner. Ignoring bidStart MyMessages, or stating that you will not answer bidStart MyMessages is prohibited. Additionally, bidStart MyMessages can not be used for bulk promotional messages.

Membership

Membership to this website is only available to those who can form a legally binding contract. This website does not permit minors (under 18) to register. If any member fails to sign-up with their correct age, the account will be terminated immediately. As a seller, if your account balance is over $5.00, your current account balance becomes due as of the 1st of the next month. Payment must be made online, through one of our payment gateways. If your account is not paid by the 25th of the month, we will attempt to charge your credit card on file. No other forms of payment are accepted without our express permission.

Personal Information

Personal information includes all information you register with us (past and present), and information we collect through other means. Personal information is not shared with any third parties. Personal information will be shared with other members of this site if a transaction takes place between you and the specified member. In general, telephone numbers are not shared with other members. However, in the event that our staff, and/or the other member, can not reach you through MyMessage or email within a reasonable amount of time, your telephone number may be provided to the other member, if there is an open issue with an existing transaction.

Listing Policies

bidStart is intended to be a friendly and enjoyable site. To prevent any action being taken against your listings or your accounts, please follow the following policies:

  • You cannot include links to outside websites where you can purchase items anywhere besides bidStart, or any personal website (including those which represent your business). This includes both hyperlinks and text, images, etc. which instruct users to visit another website (for example "visit www.mywebsite.com", and "please put a "www" and a ".com" around my user name" are not allowed).
  • All communication before a buyer purchases an item is intended to exclusively go through the bidStart MyMessages system. At our sole discretion we may remove any and all additional contact information contained in your listing, such as email addresses, and phone numbers.
  • You are not allowed to circumvent selling fees in any way.
  • Buyer's premiums and/or any other arbitrary percentages or fixed/variable fees are prohibited. For example, indicating a buyer must pay an additional 30¢ if paying by PayPal, is strictly prohibited. Listings in the Public Auction & Mail Sale section are exempt from this condition.
  • Shipping and Handling charges are required to be specified using either the per item settings, or the table rate settings available in the Account Details section of the My bidStart area. Combined Shipping and Handling is also required to be specified using the available options on the Shipping Details/Discount page.
  • Shipping and Handling charges must be realistic, and are not allowed to be excessive. The amount you are looking to receive for an item must be reflected in the price of the item, and cannot be in the shipping and handling of the item. This same policy applies towards multiple items won by a single buyer, in regards to combined shipping and handling. The definition of excessive is at our discretion, but can usually be obtained using good judgment.
  • It is not permissible to instruct buyers that they must wait for a custom invoice before paying for a purchase.
  • When selecting an available method of payment, from the options we provide, any additional charges or requirements for using the indicated method of payment are prohibited.
  • The buyer of an item is considered a non-paying buyer if they do not pay for the item within 21 days of purchase. As a seller, you can set your own additional requirements regarding when payment must be made. However, this information must clearly be listed in the 'Shipping & Payment Notes', and must be reasonable. As such, this can be no less than 7 days, or 14 days if you accept checks or money orders (regardless of how the buyer pays).
  • All information contained within a listing must be accurate, not misleading and relevant to the listing.
  • Item titles can not include promotional words, or words irrelevant to the actual item, such as Wow!, Look!, etc. Additionally, excessive (or non-standard) use of capitalization of words and inappropriate use of punctuation and special characters is strictly prohibited (ie: 'GREAT LOOKING STAMP!!!', 'L@@K!', 'France #2 ◊ Mint ◊ NH', etc.).
  • Item titles can not include private ids (also known as SKUs, or your own unique product identification numbers). Such information should be entered into the 'Private ID' field.
  • If a buyer purchases an item, which is then found (within a reasonable amount of time) to be significantly different than described, you must issue a refund to the buyer. A refund must be issued in the same form of payment the buyer used to pay you, or cash equivalent (not store credit). A reasonable amount of time is generally considered 10 days from when the item is received, or 45 days if the item was sent to a generally accepted, reputable third party authentication service.
  • By listing a product image, it is assumed that the image is of the exact item the buyer will receive. If the image is only meant to serve as an example, this must be explicitly and clearly stated at the top of the description.
  • Product images can only feature the product directly associated with the item listing. Additionally, multiple quantity listings can not be used to sell different items within one listing. For example, it is not permissible to display an image showing 4 different items, labeled A through D, and create a single listing, with a quantity of 4. Nor is it permissible to create a listing which displays an image of items labeled A through D, and indicate that only a specific item is being sold through the listing.
  • Images most be of reasonable quality, and reasonably cropped and oriented.
  • You can not create multiple listings on this website for the same exact item(s).
  • Starting bid and buy it now prices must be realistic, and are not allowed to be excessive. The definition of excessive is at our discretion, but usually only applies to items listed at several times their actual retail value.
  • Numerical Grades (Stamps), and prices based on Numerical Grades (such as SMQ Values) can only be displayed if the item comes with a Graded Certificate from the PSE, PFC or APS.
  • Numerical Grades/Certification (Coins), and prices based on Numerical Grades can only be displayed if the item is certified by either ANACS, ICG, NCS, NGC, PCGS or DGS. Furthermore, the abbreviation of the certification company must be displayed in the item title. Grades from other Grading/Certification companies can be mentioned in the item description (not title, and no prices based on that grade), but an automatic note on the quality and reputation of Numismatic Grading/Certification companies will be displayed along with your listing.
  • Listings for Pre-Sale items can only be made if the expected date of shipment to the buyer is within 30 days from when the listing ends. If a buyer purchases a pre-sale item and you are unable to ship the items within 30 days - you must offer the buyer a full refund (including shipping and any other costs).
  • At our sole discretion, if you have 500 or more active listings at any given time, you may be required to subscribe to a store subscription. Additionally, if we believe you are listing auction or non-store fixed price listings which would be more appropriately listed as store items, we may require you to change the listing types on these items.

Any listing which does not conform to the above policies may be ended at any time. Listing fees will not be refunded on any listing which is ended due to listing policy violations.

Listing policies also apply to all forum posts, MyMessages, and other forms of communication on bidStart where applicable (such as the policy on outside links).

If a buyer fails to pay for an item you have sold, you may be entitled to a Final Value Fee Claimback. For requirements and more information click here.

Feedback

The feedback system on bidStart is meant to be a guideline to a buyer's and seller's reputation on bidStart. You should always use good judgment when leaving feedback for others, as it is permanent, and generally cannot be changed once left. However, there are a few conditions which all users of bidStart must adhere to:

  • You cannot threaten to leave negative or neutral feedback in an attempt to extort further goods or services from a person, other than those indicated in the original listing.
  • If negative or neutral feedback is left for you, because of failure to pay for an item, or provide an item paid for, or for another legitimate reason, you cannot "retaliate" by leaving unjustified negative feedback against that user. Any such feedback will be removed.
  • Having multiple accounts on bidStart is not permitted. As such, using multiple accounts, or working with other users to artificially change your feedback is not permitted.
  • If you make a mistake when leaving feedback (such as you meant to leave positive feedback, but accidentally checked off negative), please contact us immediately after doing so to correct the error.
  • The bidStart Admin holds the right to remove any feedback if it is determined, at our sole discretion, to be inaccurate, artificial or offensive.
  • If bidStart withdraws feedback for any reason, no new feedback can be left for the affected transaction.

Forums

  • You acknowledge that posts which are made in our forums express the views and opinions of the author making the post only, and not our company or moderators (except when such posts are authored by these people or entities).
  • You agree not to post any unlawful, abusive, derogatory, obscene, racist, vulgar, slanderous, evil spirited, offensive or threatening material; as well as any material which may invade another's privacy. Doing so, at our sole discretion, may lead to your suspension from our website and community. Additionally, any such posts may be removed at any time.
  • The intention of our forums is to provide an open and friendly space for our members to discuss various topics, as outlined in our forums. However, our forums are moderated, and you agree that we, and our moderators, have the right to remove, edit, move or close any post or topic at any time. We may also remove duplicate posts, as well as posts which we believe, at our sole discretion, to be taking the direction of any thread off topic.
  • If you post information, which we or our moderators believe, at our sole discretion, to be inaccurate or misleading, it may be removed.
  • If you have an issue with a transaction, it is not appropriate to provide specific details, such as members' usernames in our forums. The appropriate place for such information is within our feedback system. However, if you believe that any matter should be brought to our direct attention, please do so by using our 'Contact Us' form and our staff will review the matter and take appropriate action.
  • As indicated in the 'Listing Policies' section, applicable terms also apply to forum posts.

Credit Card Authorization for Selling Fees

In order to sell on our website, you must have a valid credit card on file with us.

We will email you an invoice on the first of the month, for your current account balance, which you can pay with PayPal or Google Checkout. However, if you do not make a payment by the 25th of the month, you authorize us to charge your credit card for your current account balance.

If you have a feedback score of 100 or less, and your account balance reaches $50 or higher, your credit card will automatically be charged for your current account balance. If you have a feedback score over 100, your credit card may be charged if your account balance reaches $100 or higher.

In the event that your account is suspended, your credit card on file will be charged your current account balance immediately. You agree that you can not retroactively revoke this authorization for any fees incurred.

Derivative Information

Unless you obtain express written permission, you are not permitted to make available in any way, commercialize (sell, rent, trade, etc.), copy, store or display any bidStart content, in any way which enables derivation of any of the following information. This applies to information obtained directly from the website, through the API, and through any other way in which bidStart content may be obtained or derived:

  • Any site-wide or category-wide statistics.
  • Gross merchandise sales and any and all statistics relating to the performance of the site, or any service on the site.
  • Conversion, completion or success rates.
  • Average selling prices, or any other aggregated data based on item type.
  • Statistics on listing upgrade usage and sell through rate.
  • Information relating to specific bidStart users, or demographics of bidStart users.

Laws

These Terms of Service shall be governed by and constructed in accordance with the laws of the United States of America. You agree that any claim or dispute you may have against StampWants.com, Inc., or that StampWants.com, Inc. may have against you, must be resolved by a state court located in Gloucester County, New Jersey, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the state courts located within Gloucester County, New Jersey for the purpose of litigating all such claims or disputes - including but not limited to our right to collection of fees due from selling on our website.

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