Terms and Conditions, Privacy Statement and Disclaimer Notice

In purchasing products from WhereTheyAint.com (“WTA”), you are deemed to have read and agreed to the following terms and conditions:

Definitions

The following terms, when used in the Terms and Conditions, Privacy Statement and Disclaimer Notice, have the following definitions: 

1.      "Client", “You” and “Your” refers to you, the person or entity purchasing products and accepting the Company’s terms and conditions.

2.      "The Company", “WTA,” “Ourselves”, “We” and "Us", refers to our Company.

3.      “Party”, “Parties”, or “Us”, refers to both the Client and the Company, or either the Client or the Company.

4.      “Transaction” refers to purchase, sale, or consignment of any sports cards or sports memorabilia between the Client and the Company.

5.      “Items,” “merchandise” and “certified material(s)” refer to any goods or products sold by WTA after the same have been authenticated by a third-party or expert(s).

6.      All terms refer to any transaction(s) between the Client and the Company. 

Privacy Statement
The Company is committed to protecting your privacy, and constantly reviews its systems and data to ensure the best possible service to our customers.

Disclaimer

Authentication/Grading:

Items or merchandise that are noted by the Company as having been evaluated, authenticated, or graded by third parties are sold "as is" without any express or implied warranty or representations by WTA, and WTA has not conducted any independent investigation or evaluation into the authentication or grading provided by those third parties. WTA also makes no warranty, guarantee or representation that card grades and memorabilia authentication of one third-party authenticator will be lower, the same, or greater than the grade/authentication of another third-party authenticator.  If you wish to have the items or merchandise evaluated by any third-party or expert, it is your responsibility to do so at your sole cost and expense.

No item, merchandise or certified material may be returned by you to WTA, and no refund of monies paid by you to WTA or credit shall be due, because of a difference of opinion between any third-party authenticators or experts over the grade, value or authenticity of any such item, merchandise or certified material.

No guarantee of grade, value or authenticity is offered by WTA to you for any item, merchandise or material which is subsequently submitted by you to a third-party authenticator or expert.

All items, merchandise or certified material offered or sold by WTA to you is "as is". WTA shall not be liable for any patent or latent defect or controversy pertaining to or arising from any item, merchandise or certified material.  No description of items is part of the basis of the bargain or creates a warranty or representation that the goods will conform to the description.

Limitation of Liability:

WTA is selling only such right or title to the item, merchandise or certified material as it may have, by virtue of purchase or consignment agreement(s) and, WTA disclaims any warranty of title to the property.

WTA disclaims any warranty of merchantability or fitness for any particular purpose. No third party may rely on any of these terms or conditions herein and any rights, if any, established hereunder are personal to the Client and may not be assigned. Any statement made by WTA is an opinion and does not constitute a warranty or representation.

WTA shall not be responsible for consequential damages, incidental damages, punitive damages, or special damages arising or claimed to be arising from any negligence related to the sale or auction of any item, merchandise or certified material. In no case shall WTA's liability exceed the amount of the sale.

Payment

All Payments shall be made in Cash or by tender of Personal Check, all major Credit/Debit Cards, Paypal or Bank Wire Transfer. The terms of sale require payment in full within 30 days after confirmation of the sale is made by WTA to the Client. All goods remain the property of WTA until paid for in full. In the event that monies remain outstanding after 30 days of confirmation of the sale by WTA to the Client, interest shall accrue on the full amount at the greater of the maximum rate of interest allowed by law or 7.5% per month until such time as the balance is paid in full.

If WTA files suit to collect any monies due from the Client, you shall be responsible for all monies that are due together with court costs and reasonable attorney’s fees.

Returned checks will incur a $50 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement.

Termination of Agreements and Refunds Policy

Once a confirmation of the sale is made by WTA to the Client and the item, merchandise and/or certified material has been delivered to the Client, the sale shall be complete, final, and binding. No item, merchandise or certified material may be returned by you to WTA, and no refund of monies paid by you to WTA or credit shall be due.

Links to this website
You may not create a link to any page of this website, www.wheretheyaint.com, without our prior written consent.

Links from this website
We do not monitor or review the content of other parties’ websites which are linked from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party, including, but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of the control of any party, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of the State of New Jersey shall govern any transaction between WTA and the Client. All disputes arising out of any transaction between WTA and the Client shall be resolved exclusively in the State or Federal Courts located in the State of New Jersey.  By accessing this website, and/or using our services, and/or buying any items, merchandise or certified material, you consent to these terms and conditions herein and to the personal and subject jurisdiction matter of the New Jersey State or Federal courts.

If any of these terms or conditions are held to be invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed, and the remaining terms will continue to apply.

Failure of the Company to enforce any of the Terms and Conditions, or failure by the Company to exercise any right hereunder, shall not be construed as a waiver of any such provision or any other provision and shall not affect the validity of the Terms and Conditions, or the right thereafter to enforce each and every provision. The Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis