Conditions of Sale
APFELBAUM, INC GUARANTEES THAT ANY LOT NOT AS DESCRIBED CAN BE RETURNED WITHIN 30 DAYS OF RECEIPT. BUY WITH CONFIDENCE. PLEASE INCLUDE LOT CARDS AND ORIGINAL PAPERWORK ON RETURNS. THE BUYER IS RESPONSIBLE FOR POSTAGE AND FREIGHT COSTS.
PHONE: (267) 763-0216 - 1-800-523-4648
We will not be held responsible for typographical errors on lots, and reserve the right to withdraw such lots from sale.
I. Title shall not pass to the buyer until full payment is received by us. If for any cause (other than a cause for which buyer is responsible) any item sold cannot be mailed or delivered by us, or cannot be mailed or delivered in as good condition as the same may have been at the time of sale, the sale will be cancelled, and any amount that may have been paid on account of the sale will be returned to the purchaser with legal interest.
II. SUCCESSFUL BIDDERS AGREE TO PAY FOR LOTS AS SPECIFIED ABOVE AND NO CREDIT IS EXTENDED. A LATE PAYMENT CHARGE OF 1 1/2% PER MONTH IS IMPOSED ON OVERDUE PAYMENTS. THIS IS 18% PER YEAR. MINIMUM MONTHLY SERVICE CHARGE WILL BE $1.00. ALL LOTS DELIVERED IN PENNSYLVANIA ARE SUBJECT TO 6% SALES TAX. LOTS WILL BE CONSIDERED AS PAID WHEN ALL FEES, INCLUDING BUT NOT LIMITED TO, SHIPPING, HANDLING AND LATE CHARGES, IN ADDITION TO THE PURCHASE PRICE IS PAID IN FULL.
III. EACH LOT IS SOLD AS GENUINE BUT WHEN IN THE OPINION OF ANY COMPETENT AUTHORITY MUTUALLY ACCEPTABLE TO US AND THE PURCHASER (A "MUTUALLY ACCEPTED AUTHORITY”) THE LOT IS DECLARED OTHERWISE, THE PURCHASE PRICE WILL BE REFUNDED IN FULL; PROVIDED, HOWEVER, THAT ADVANCE WRITTEN NOTICE OF INTENTION TO SEND FOR EXPERTIZATION MUST BE SUBMITTED BY BUYER BEFORE THE SALE AND EITHER (i) THE LOT IS RECEIVED BY US WITHIN A PERIOD OF FOUR WEEKS AFTER THE DATE OF THE AUCTION, OR (ii) WHERE AN OPINION IS NOT EXPECTED WITHIN FOUR WEEKS, WRITTEN NOTIFICATION THAT THE LOT HAS BEEN SUBMITTED FOR AN OPINION IS RECEIVED BY US WITHIN THIS PERIOD. ALL EXPENSES INCURRED SHALL BE BORNE BY THE PURCHASER WHETHER OR NOT THE ITEM IS DECLARED GENUINE OR NOT GENUINE OR NOT AS DESCRIBED.
IV. EXCEPT AS SET FORTH IN THIS CONDITION OF SALE, ANY LOT, WHICH IS IN THE BUYER'S OPINION NOT AS DESCRIBED IS RETURNABLE WITHIN THIRTY DAYS OF RECEIPT. ALL SUCH LOTS MUST BE RETURNED INTACT AND IN THE SAME CONDITION AS PROVIDED TO PURCHASER, AND BUYER IS RESPONSIBLE FOR POSTAGE AND SHIPPING CHARGES TO BUYER'S DELIVERY ADDRESS AND RETURN TO APFELBAUM, INC. APFELBAUM IS NOT REQUIRED TO MAKE OR OFFER ANY ADJUSTMENT WITH REGARD TO PURCHASE PRICE, OR TO ACCEPT RETURN OF ANY LOT(S) OTHER THAN THE LOT THAT IS OTHER THAN AS DESCRIBED. THE FOLLOWING LOTS ARE NOT RETURNABLE FOR ANY REASON: ITEMS WITH A PHILATELIC FOUNDATION CERTIFICATE (P.F.C) OR A PROFESSIONAL STAMP EXPERTS CERTIFICATE (P.S.E); LOTS DESCRIBED AS HAVING FAULTS OR DEFECTS MAY NOT BE RETURNED BECAUSE OF THE FAULTS DESCRIBED; ILLUSTRATED LOTS MAY NOT BE RETURNED BECAUSE OF CENTERING, MARGINS OR OTHER FACTORS SHOWN IN THE ILLUSTRATIONS; LOTS FROM PURCHASERS WHO HAD EXAMINED THEM BEFORE THE AUCTION; AND LOTS OFFERED OR SOLD "AS IS".
V. Pennsylvania Sales Tax is payable by buyers liable to such tax.
VI. All agents will be personally liable and responsible for the purchases of those persons they represent, and for other costs and expenses which would be the responsibility of the buyer under these terms and conditions.
VII. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL APFELBAUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO ANY BUYER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF OPPORTUNITY, OR BUSINESS INTERRUPTION) ARISING OUT OF PARTICIPATION IN ANY SALE, OR THE PLACING OR ACCEPTANCE OR REJECTION OF ANY BID, OR THE SALE (OR FAILURE TO CONSUMMATE A SALE) FOR ANY LOT OR LOTS, OR RESULTING FROM FAILURE OR BREACH OF SECURITY, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR LOSS OF FILES OR DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR PERFORMANCE, REGARDLESS OF THE CAUSE INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO APFELBAUM'S NETWORK, PROGRAMS OR SERVICES, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF APFELBAUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE EXCLUSIVE REMEDY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHICH A BIDDER OR OTHER PERSON OR ENTITY PARTICIPATING OR INVOLVED IN ANY AUCTION MAY INCUR OR SUFFER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, AT LAW OR OTHERWISE, SHALL BE TO RECOVER DAMAGES IN AN AMOUNT THAT IS NOT IN EXCESS OF THE WHOLESALE VALUE OF ANY LOT(S) WHICH IS THE SUBJECT OF ANY DISPUTE.
VIII. In the event of any dispute under these Conditions of Sale, or any dispute between Apfelbaum, Inc and buyers, or between any parties requesting inspection of any of the lots of Apfelbaum, Inc, or between persons offering their lots to be sold and Apfelbaum, Inc, the exclusive jurisdiction and venue over any such dispute shall be in the Federal and state courts having jurisdiction and located in Philadelphia, Pennsylvania, the parties waiving any other jurisdiction or venue to which they may be entitled.
IX. The sale is being conducted by Earl P.L. Apfelbaum, Inc., and no individual, employee, office or director of Earl P.L. Apfelbaum, Inc., shall be held to any personal liability hereunder for negligence or otherwise.
X.The purchasing of a lot shall constitute acceptance of these Conditions of Sale. By buying online, the buyer is agreeing to these Conditions of Sale.
XI.Note on returns and extensions: No item with a Philatelic Foundation Certificate (P.F.C.) or a Professional Stamp Experts Certificate (P.S.E.) is returnable for any reason.
XII.Principles of corporations are responsible individually for purchases of corporations.