Terms of Service
Mint Auction LLC
Updated August 18, 2023
Introduction
Welcome to the Mint Auction site, www.mintauction.com, and the Mint Auction Mobile App (Site). These are the Terms and Conditions applicable to all transactions and dealings with Mint Auction LLC, our website and mobile app, collectively "Mint Auction LLC".
By accessing the Site, utilizing the Services of Mint Auction LLC as User, or by registering as a User regardless of your physical location, you agree that: (1) you have read these Terms and Conditions; (2) you understand these Terms and Conditions; and (3) you are bound by these Terms and Conditions in your use of the Services and the Site. We refer to any person registering to offer or offering to buy Items as a User regardless of whether sale occurs as Users.
The Services provided on the Site enable Users, among other things, to:
- place bids on Items in Auctions
- join the Preferred Buyers Club
We refer to any person who (i) accesses the Site or (ii) registers to use the services as a “User” regardless of whether the person purchases items in an auction. Also, the term "you" and “your” refers to both an individual user and the business if registered by an authorized individual.
These Terms and Conditions, together with
- any additional terms and conditions specific to a particular auction, or
- terms and conditions anywhere else on the Site constitute the entire agreement between Mint Auction LLC and you related to your access and use of the Site and the services, including, but not limited to, the bidding and purchase of items in an auction. These Terms and Conditions supersede and replace any and all prior or contemporaneous written or oral agreements between the parties regarding such subject matter. These Terms and Conditions can only be changed or waived by an authorized representative at Mint Auction LLC.
Use of Site
Registration
You must register and agree to these Terms and Conditions as a prerequisite to submit bids for items in an auction. To register as a User on the Site you must provide, among other things, your name, the name of the business you are authorized to act for, your title, phone number, and an e-mail address. Upon your completion of a registration application and acceptance of these Terms and Conditions, your registration application will be reviewed by Mint Auction LLC and will be accepted or rejected in Mint Auction LLC's sole discretion.
You warrant that all registration information provided to Mint Auction LLC is true, accurate and complete and, if registering for a business, that you are authorized to act on behalf of and bind the business. You will immediately inform Mint Auction LLC of any change in your registration information.
In registering or in any other communication with Mint Auction LLC you may not impersonate or misrepresent an affiliation with any other person or entity. Upon your completion of a registration application and acceptance of this Agreement, your registration application will be reviewed by Mint Auction LLC.
When you register for auctions, you will be required to confirm (i) your initial registration, and (ii) that you and your company, as applicable, agree to these Terms and Conditions (as then in effect) and to all other terms and conditions set forth anywhere on the Site or related to the auction.
Our Privacy Policy details how we handle the information you provide to us whether as part of your registration or in the use of the Site or services.
User Accounts - Users are assigned an account name and password on registration. Users are responsible for all actions taken under their account name and password and shall only use the Site using their own account name and password. Users must keep their password safe and shall not disclose it to any other person and shall not permit any other person to utilize their account details. Users are required to complete those transactions that occur using their account name and password, whether such transactions are authorized or not.
Bidding and Offers
Mint Auction LLC has absolute discretion in all matters relating to bidding and purchases, including, but not limited to, identifying the winning bidder, handling mistakes or errors in bidding, re-opening bidding, canceling the sale, and re-offering the property for sale.
Neither Mint Auction LLC nor the Seller is liable for any errors in the bidding process.
ALL BIDS AND OFFERS ARE FINAL and are legally binding commitments on the part of the bidder or buyer.
All initial bids must be placed before the closing time set forth for the auction on the Mint Auction LLC site.
If you are the only bidder on a lot at the time designated on the Mint Auction LLC website as the closing time of the auction, you will be the successful bidder unless your bid is not equal to or greater than the Minimum Bid or the Reserve.
In the event that more than one bidder placed a bid on a lot prior to the time designated on the Mint Auction LLC site as the closing time, bidding will be extended for an additional period of time (“Extended Bidding”). The bidding period will be extended for an additional period of time each time an additional bid is placed in Extended Bidding until there is no further bidding during the time extension.
As a bidder, you may enter a “maximum” bid that will be executed competitively on your behalf in response to other bidding in accordance with our standard bidding increments up to the maximum amount of your bid. The bid will be executed such that you will acquire the lot for the lowest price possible based on other bidding on the lot. Maximum bids must comply with the minimum bid required and be at a recognized bidding increment. If you are outbid at the maximum amount of your bid, you will be notified by email if you have elected on the Mint Auction LLC site to receive outbid notices.
Mint Auction LLC reserves the right, in its sole discretion, to execute written or telephonic bids, but shall have no obligation to do so and shall not be liable for any errors or omissions in executing such bids should it agree to do so.
Mint Auction LLC may place bids below the reserve on behalf of the Seller, either consecutively or in response to other bids.
All lots have a minimum bid designated in the listing. Certain lots may also have a reserve, which is the confidential price below which the lot will not be sold. The reserve may be greater than the minimum bid. If the bidding does not meet the reserve at the close of the auction, the lot will be designated as "passed" or "unsold."
Mint Auction LLC reserves the right to postpone any auction or withdraw any lot before, during, or after the sale; we shall have no liability whatsoever for such withdrawal. Mint Auction LLC may also, in its sole discretion, extend the closing time for any item.
The officers, directors, employees of Mint Auction LLC and its related companies may bid in an auction only if such person does not know the reserve, if any.
Exclusion of Users & Rejection or Amendment of Bids
Without limitation to any other remedies, Mint Auction LLC may exclude any User from any Auction and block any registration if the User has breached or threatens to breach these Terms and Conditions or engages in any behavior which Mint Auction LLC in its sole discretion regards as likely to have an adverse effect on the conduct of the Auction or the reputation of Mint Auction LLC. Furthermore, Mint Auction LLC reserves the right, in its sole discretion, to exclude products from offers and refuse acceptances, bids or offers, as well as to discontinue Auctions or its Services altogether at any time or for any reason.
Bidding
By placing a bid in an auction, you are extending an irrevocable offer to purchase the items at the price set forth in the bid. Once entered, a bid may not be retracted.
Winning Bid
The User that entered the Winning Bid will consummate the purchase of the item within the time specified in the terms and conditions for the auction. Unless stated in the specific terms and conditions for an auction, all items will be charged to the User's default payment option on file. This amount will include the Winning Bid, all buyers premiums, lot fees, shipping, Buyers Assurance Fee and sales tax, if applicable. Upon receipt of payment, all risk of loss shall pass to User. Winning Bids may not be cancelled at any point following the close of an auction.
Lot Closing Time
Specific lot closing times are published on the Site. Mint Auction LLC shall not be responsible for notifying any User of a change in any closing date or time. Mint Auction LLC will not accept a bid that is received after the closing date and time for the auction and all dynamic close time extensions. In the event that a higher bid is entered within a designated time period, chosen by Mint Auction LLC, of the scheduled lot closing time, the closing time will automatically be extended, in increments specified by Mint Auction LLC, until no bids have been entered in the pre- stated increment prior to the closing time for the auction. Each User is solely responsible for taking such actions as are appropriate to learn of changes to a closing date or time. The User bears the sole risk of transmitting bids so that such bids are received on the site prior to close of the auction lot.
Limited Guarantee and Lot Information
Graded and authenticated items - All sales of items (including, but not limited to, trading cards, comics, video games, memorabilia, and game tickets) encapsulated or certified by a Third-Party Grading or Authentication company (“TPG”) (including, but not limited to, PSA, Beckett (BGS, BVG and BCCG), CGC, WATA, VGA, and SGC) are final and not subject to return.
Representations concerning authenticity or grade on encapsulated or certified items, including any related third-party guarantee, are made by the TPG companies themselves, not by Mint Auction LLC. Unless otherwise stated, you understand that Mint Auction LLC does not independently test, confirm, verify, or make its own representations concerning authenticity or grade.
Mint Auction LLC does not guarantee that a TPG's authentication or certification of an item as genuine is correct or accurate. Neither a difference of opinion between TPG companies about authenticity, nor a TPG's subsequent reversal of its earlier authentication or certification of an item, is a basis for rescinding a sale of the lot. Any dispute with a TPG relating to the authenticity of an item must be resolved directly with the TPG.
Mint Auction LLC does not guarantee that a lot graded by a specific TPG will receive the same grade from another TPG. A difference in opinion between TPG companies is not a basis for rescinding a sale of the lot. Any dispute with a TPG relating to the grading of an item must be resolved directly with the TPG.
Population reports - Population report information and other lot information listed in the description is accurate up to the time in which a lot is posted for auction and is subject to change. Mint Auction LLC is not liable if information changes during the auction. Some lots may contain incomplete sets, and the contents listed or described comprise the full extent of the items presented for sale. Potential bidders are encouraged to ask questions prior to bidding, as the sale of each lot is on an "as-is" basis, and all sales are final.
YOU AGREE THAT EACH LOT IS SOLD “AS IS” AND IN THE CONDITION THAT IT IS IN AT THE TIME OF THE AUCTION. AS IT RELATES TO MINT AUCTION LLC'S SERVICES AND ANY ITEMS SOLD, NEITHER MINT AUCTION LLC NOR THE SELLER MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AS IT RELATES TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS OF THE CATALOGUE OR OTHER IMAGES, OR DESCRIPTIONS OF THE AUTHENTICITY, PHYSICAL CONDITION, GRADE, SIZE, QUALITY, RARITY, IMPORTANCE, MEDIUM, PROVENANCE, EXHIBITIONS, LITERATURE, OR HISTORICAL RELEVANCE OF ANY LOT. ANY AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHENTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, HEREBY ARE DISCLAIMED AND EXCLUDED. NO STATEMENT ANYWHERE, WHETHER ORAL OR WRITTEN, WHETHER MADE IN THE CATALOGUE, AN ADVERTISEMENT, A BILL OF SALE, ONLINE, OR ELSEWHERE, CAN BE RELIED ON BY YOU OR OTHERS TO BE A WARRANTY OR REPRESENTATION, AND SHALL NOT GIVE RISE TO THE LIABILITY OF MINT AUCTION LLC OR THE SELLER. IMAGES AND CONDITION REPORTS ARE NOT MEANT TO BE COMPLETE OR A SUBSTITUTE FOR ASSESSING THE CONDITION OF THE LOT YOURSELF OR THROUGH AN AGENT YOU MAY ENGAGE; THEY ARE FOR GUIDANCE ONLY. NOTHING IN ANY WRITTEN OR ORAL DESCRIPTION OF A LOT CONSTITUTES A REPRESENTATION OF FACT; THEY REPRESENT THE OPINIONS HELD BY MINT AUCTION LLC.
Item Removal
Mint Auction LLC reserves the right to remove any listing at any time for any reason.
Buyer's Premium
Mint Auction LLC may, in its discretion, charge a buyer's premium, lot fee or other service charge on items sold (including any applicable sales or value added tax or similar taxes in the relevant jurisdiction at the current rate). All such charges will be indicated on the specific auction terms and conditions. If charged, the buyer's premium shall be collected directly from each successful User, in addition to the lot fees, sales tax and purchase price as bid.
Late Payment
User acknowledges that time is of the essence with respect to their timely payment of all funds required under this Agreement. In the event that any such payments are not fully made prior to the invoice due date, the User shall be required to pay Mint Auction LLC a late payment penalty of 5% of the closing price.
Holds
Mint Auction LLC will not hold a winning item for more than 1 week after the listing has ended. After this time period, the item must be paid for and shipped. If no payment is made within 1 week, the transaction will be voided and the item will be relisted or returned to the original owner.
Data Protection & Corporate Information
Mint Auction LLC shall transmit all information in connection with the registration, the posting of an offer/bid/acceptance and offers/listings of products to the other Users in any part of the world in the form and to the extent suitable for the execution of an Auction. All data produced or transmitted in connection with the execution of an Auction at or to Mint Auction LLC may be stored, used and transmitted as described in the Mint Auction LLC Privacy Policy. Users undertake that information concerning other Users and their employees, contractors or agents obtained through the Site shall not be used for sending unsolicited commercial messages or for any purpose other than participation in Auctions or use of the Site. Users also agree that they will only use such information in accordance with applicable laws and regulations, including, without limitation, data protection and privacy laws.
Use of User Information on the Site
To enable the Site to use information provided by all Users, the Users grant Mint Auction LLC on registration a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to exercise the copyright, trademark and database rights the User has in any information provided and to do so in any media form whether now known or not currently known in order to provide the Services.
Taxes
Any price indicated on the Site or agreed to in an Auction is stated exclusive of any applicable tax. Users in Auctions shall be responsible for paying any value added, sales, use or other taxes which may be due on amounts owed by the Users under these Terms and Conditions in the applicable jurisdictions at the rates prevailing at the date that their contract of sale is concluded.
Use of the Site & Services
Mint Auction LLC grants a limited, non-transferable, revocable right to each User to access and make use of the Site for the purposes of the User using the Site and the services in accordance with these Terms and Conditions. Users are responsible for procuring and maintaining their network connections and telecommunication links from their systems in order to use the Site.
Users shall not use the Site for fraudulent purposes or in connection with any unlawful activity.
Users are expressly forbidden from any form of bid manipulation, including collusion or bidding on lots that they themselves or a party affiliated with them are selling in an auction. Users may not bid under a false name or as agent for a person or entity which would itself be prohibited by these Terms and Conditions or by the terms and conditions governing the specific auction in question from placing a bid on a particular lot.
Mint Auction LLC may, in its sole discretion, terminate a User's right to access and use the Site at any time for any reason.
Mint Auction LLC shall use commercially reasonable efforts to protect against unauthorized access, but Mint Auction LLC cannot guarantee the security of any information User discloses online and User does so at your own risk. Mint Auction LLC is not responsible for the security of any information transmitted via the Internet or any error or delay in transmitting any information over the Internet, and User assumes sole and complete risk for using this Site. By using this Site and providing this data, User consents to the collection of and use of the data in accordance with this Agreement.
Mint Auction LLC does not guarantee continuous, uninterrupted or secure access to the Site. The Site and services are provided “AS IS” and “AS AND WHEN AVAILABLE”.
Mint Auction LLC may change, modify, amend, suspend or discontinue any aspect of the Site or the services at any time without notice and Mint Auction LLC reserves the right to impose restrictions on certain features of the Site or the services at any time without notice.
If a technology malfunction materially affects the outcome of an auction, Mint Auction LLC reserves the right to withdraw the auction within 72 hours following the original auction close time.
Users' access to the Site may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Mint Auction LLC will use reasonable endeavors to limit the frequency and duration of any such suspension or restriction.
Proprietary Rights
Users acknowledge and agree that Mint Auction LLC and/or its licensors own all intellectual property rights in the Site and the services. Except as may be expressly stated, Users are not granted any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Site or the services.
Indemnity and Hold Harmless
As a condition of using the Site and the services, User agrees to indemnify, defend, and hold harmless, Mint Auction LLC, its subsidiaries and affiliates and their respective owners, managers, directors, officers agents, partners and employees, from and against any and all liabilities, losses, demands, claims, damages, costs and expenses (including attorneys fees and expenses) suffered or incurred directly or indirectly arising from or related to (i) your use of the Site in violation of these Terms and Conditions, (ii) your breach of these Terms and Conditions, (iii) any accident, injury or death howsoever arising, sustained by any person or persons who access any Mint Auction LLC premises for the purpose of an auction, inspection, purchase, collection, removal, pick-up or any other related activity, and (iv) any claim related to or arising out of the use of any product sold or purchased, including but not limited to actions or claims for personal injury, death, disability, disfigurement, economic or other loss or damages.
Disclaimer of Warranties
MINT AUCTION LLC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ITEMS OR THEIR CONDITION, AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
USER ACKNOWLEDGES AND AGREE THAT THE ITEMS ARE SOLD “AS IS,” WITHOUT WARRANTY OF ANY KIND.
MINT AUCTION LLC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE, OR THE SUITABILITY, LEGALITY OR ACCURACY OF THE INFORMATION, PRODUCTS AND SERVICES DESCRIBED OR CONTAINED ON THE SITE.
THE SITE AND ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Damages and Liability
IN NO EVENT SHALL MINT AUCTION LLC BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES OR THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MINT AUCTION LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
The total liability of Mint Auction LLC arising from or related to the purchase of an item in an auction, whether based in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the amount paid to Mint Auction LLC for such item. You acknowledge and agree that the foregoing limitations have been bargained for and represent a reasonable allocation of risk based on the economics of our relationship under these Terms and Conditions. Therefore, the foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
Notice
Any notice given to Mint Auction LLC under these Terms and Conditions shall be in writing and in English and shall be served by mailing it by overnight delivery service to Mint Auction LLC at Mint Auction, LLC, 4211 King Graves Rd , Vienna, Ohio 44473 or to such other address as Mint Auction LLC may specify from time to time. For the avoidance of doubt, notice given by Users to Mint Auction LLC under those Terms and Conditions shall not be validly served if sent by e-mail or US Mail. Notices to Users by Mint Auction LLC may be sent to the e-mail address provided to Mint Auction LLC during the registration process, receipt of which is deemed to have occurred twenty four (24) hours after an e-mail is sent, or by any other method to any address provided by a User.
Choice of Law & Venue
ALL DISPUTES CONCERNING THESE TERMS AND CONDITIONS OR RELATING TO OR ARISING FROM YOUR USE OF THE SITE OR SERVICES SHALL BE EXCLUSIVELY GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF OHIO.
YOU AGREE THAT THE STATE AND FEDERAL COURTS SITTING IN MAHONING COUNTY, OHIO, USA, SHALL HAVE PROPER AND EXCLUSIVE JURISDICTION AND VENUE FOR ANY PROCEEDINGS CONCERNING THESE TERMS AND CONDITIONS OR RELATING TO OR ARISING FROM YOUR USE OF THE SITE OR SERVICES. You consent irrevocably to the jurisdiction over you of the aforementioned Courts in any such action or proceeding and agree that the venue provided above is the most convenient forum for both parties. You also waive any objection to venue or jurisdiction and any objection based on a more convenient forum in any action instituted in connection with the Site or the services.
YOU ACKNOWLEDGE THAT MINT AUCTION LLC WOULD NOT PERMIT YOU TO REGISTER AS A USER OR PARTICIPATE AS USER IF THE TERMS OF THIS CLAUSE WERE NOT VALID, BINDING AND ENFORCEABLE.
You irrevocably consent to any process in any legal action or proceedings arising out of or in connection with these Terms and Conditions or its enforceability being served in accordance with the provisions of these Terms and Conditions relating to the service of notices. Nothing contained in these Terms and Conditions shall affect the right to serve process in any other manner permitted by the laws of the State or country in which You are located.
Waiver of Jury Trial
YOU HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION CONCERNING THESE TERMS AND CONDITIONS OR RELATING TO OR ARISING FROM YOUR USE OF THE SITE OR SERVICES WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.
YOU HEREBY AGREE AND CONSENT THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY ANY COURT AT A TRIAL WITHOUT A JURY, AND THAT MINT AUCTION LLC MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF YOU TO THE WAIVER OF ITS RIGHT TO TRIAL BY JURY.
Miscellaneous
These Terms and Conditions may be amended at any time by Mint Auction LLC in its sole discretion. Use of the services and the Site constitutes acceptance of these Terms and Conditions, including any amendments.
Should any single provision of these Terms and Conditions be or become fully or partially invalid, illegal or unenforceable, the remainder of these Terms and Conditions shall continue in full force and effect.
Failure or neglect by Mint Auction LLC to enforce at any time any of the terms hereof will not be construed nor will it be deemed to be a waiver of Mint Auction LLC's rights hereunder nor in any way affect the validity of the term or any part of these Terms and Conditions nor prejudice Mint Auction LLC's rights to take subsequent action.
Mint Auction LLC will not be liable for any delay or failure to comply with its obligations under these Terms and Conditions if such delay or failure results from circumstances beyond its control.