FCF AUCTION TERMS AND CONDITIONS OF USE
Terms And Conditions
FCF AUCTION TERMS AND CONDITIONS OF USE
Dated: August 24, 2022
FCF AUCTION RULES
FCF Auction Functionality. The platform and software for FCF Auction is provided by Webkul Software Product Auction and we will use Product Auction’s experience with online auctions to provide what we hope will be a great experience. If you encounter problems with FCF Auction or think it’s not working correctly, contact www. Store.fcf.com.
Currently, we own the items that will be available on FCF Auction, so when you purchase an item you are purchasing from us. If we begin to allow third parties who own other items to list them on FCF Auction and if you buy one of their items, you will be buying from them. In that event we will merely be the auctioneer and your rights will be against them instead of us. We plan to supplement the FCF Auction Terms if we allow third party sellers.
Auctions. This is generally the way an auction at FCF Auction works, although additional information might appear on website screens. We reserve the right to change auction rules from time to time, including per item and at the last minute.
- Bidding on an item is an offer to buy the item at the price in the bid, provided the bidder's offer is the WINNING BID at the close of the auction. Each item is its own separate auction.
- All bids are final and not subject to cancellation or revocation once submitted.
- All bids are made in automatic increments that we will set for each item (e.g., an increment might be $5, $10, $25 or another amount). You may set a “proxy” bid which is the highest amount you are willing to bid: you may increase that amount but may not decrease it. You agree that (a) FCF may cause a bid (in the amount of the increment bid) to automatically be made for you each time someone bids higher than your existing bid until your proxy bid amount is reached, and that (b) you will be bound by each bid so made. For example, if the increment is $5 and the highest price you are willing to pay is $100, you may set your proxy bid at $100. If your first bid is $50 and someone else bids $60, your bid will automatically be increased (by proxy) to $65; if no one else bids, $65 will be the WINNING BID (yours). If someone else bids $105, you will no longer be part of the bidding because you set your limit at $100.
- All bids must be a minimum of $1 or in another amount posted for each item. Usually, auctions will be subject to a “reserve” (a minimum amount that the seller wants to be bid as a condition to being willing to sell the item).
- If a problem occurs with a WINNING BID in an open auction, we might offer you an opportunity to reinstate your currently unsuccessful bid to a currently winning status at your last bid price (i.e., you might become the WINNING BIDDER even though you thought you lost). We will contact you at our option. At your option, you may decline or accept the opportunity to become the winning bidder. Winning bidder must pay for the item won through the site within 72 hours of the auction close. If purchase is not completed within the 72 hour timeframe the next bidder in line will be declared the winner and be contacted by our team
- Auction closing times are approximate, and FCF auctions reserves the right to close an auction earlier or later than the scheduled time. Time clocks used by FCF or its service providers will control in the event of any conflicts regarding closing or other times.
- The highest dollar amount bid at each auction's close will be the WINNING BID for that auction. No bid may be viewed as the WINNING BID until we have confirmed it such as by sending you an email. We also try to confirm losing bids by email or other method.
- The seller of a listed item (including us when we are the seller), may bid on the item.
- Bid manipulation or “shill” bidding of any kind is expressly forbidden, as is bidding for the sole purpose of increasing the purchase price (subject to applicable law).
- FCF Auctions reserves the right to refuse service to anyone for any (or no) reason.
- FCF Auctions may exercise this right in all situations including, but not limited to, buyers making a habit of winning auctions and not buying.
- Bidders are prohibited from communicating with each other for the purpose of manipulating the final purchase price of an item and from "spamming" (sending unsolicited commercial email to Users).
- If the credit card or other payment method is declined for any reason, we (or a service provider) will attempt to contact the WINNING BIDDER, usually by phone or e-mail. If we cannot verify your payment method within 72 hours of the auction’s close, the next highest bidder will become the WINNING BID and be processed as described above until a bidder with a compliant payment method is found.
- You are not entitled to any refunds or exchanges, so do not bid (directly or automatically via a proxy bid) unless you are willing to buy the item for the bid amount (plus taxes etc.).
- You agree not to take any action that would violate any applicable state, federal and/or international laws.
- You agree to provide only true and accurate information about themselves to FCF and in all FCF Auction forms
- It is a violation of law to make bids in a false name or with an invalid credit card or other payment method, even if FCF Auction software initially accepts such a bid. Please be aware that even if you do not give us your real name, your web browser may transmit a unique Internet address to us, which can be used by law enforcement officials to identify you.
- Technical difficulties (e.g., bids might not be processed or accepted) or other difficulties (such as fraud or the like) might occur. No warranties or guaranties are made by us or anyone else regarding the absence of such difficulties. You agree that neither FCF nor its service providers will be liable for such difficulties and that FCF may decide how to deal with the resulting situation in its sole discretion (e.g., by rescinding all or part of the auction or doing something else that appears appropriate to FCF in the circumstances).
- Fraudulent bidders may be prosecuted to the fullest extent of the law and involvement by the FTC, the US Secret Service or other domestic or foreign regulators or law enforcement can occur.
- We may suspend or cancel access to auctions if it appears to us in our good faith sole discretion that there appears to be a violation of the FCF Action Terms, including (without limitation) these auction rules.
- To report a violation of FCF Auction Terms, please contact us by emailing firstname.lastname@example.org.
Delaware Law. These Terms and any action related thereto will be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Company are required to arbitrate will be the state and federal courts located in Delaware, and you and Company each waive any objection to jurisdiction and venue in such courts. If the laws of your jurisdiction are different, you agree to be responsible for compliance with those laws (e.g., if a particular item may not be sold in your jurisdiction(s), do not bid on or buy it at FCF Auction).
User Conduct. You are solely responsible for the content of your transmissions to or through FCF Auction. You agree to comply with all applicable local, state, national and international laws and regulations and: (1) to comply with United States law regarding the transmission of technical data exported from the United States through FCF Auction; (2) not to use FCF Auction for illegal purposes; (3) not to interfere or disrupt networks connected to FCF Auction; and (4) to comply with all regulations, policies and procedures of networks connected to FCF Auction. You agree not to transmit through FCF Auction any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. FCF Auctions may, at its sole discretion, immediately suspend or terminate access or services should it appear that your conduct fails to conform to these FCF Auction Terms.
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Company agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions. As limited exceptions to Section “Mandatory Arbitration of Disputes” above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in Arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in Section “Exceptions” above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
FIXED PRICE RULES
Some items might be available for a fixed price. If so, the listing will state the fixed price (as well as any minimum or maximum quantity limits). Even though you won’t be bidding, the FCF Auctions Rules will still generally apply, e.g., your purchase will be final and nonrefundable. The fixed price will only be available for the quantities and during the period of time stated in the listing. If you submit an offer at the fixed price, you may not revoke your offer. If your offer is the first one received, it will be accepted if it otherwise complies with the offer requirements. If your offer is accepted, you agree to pay the fixed price, all applicable taxes, shipping and handling charges, and all other amounts that you may owe from time to time under this Agreement. You will be notified of acceptance in the same way that we may notify a winning bidder.
Nature of FCF Auction Items and the Website. Items available on FCF auction are not provided or intended for ordinary use and most are not new. For example, an autographed game ball may be used or new, but in either case it is not provided as a ball that should be used to for everyday use; it is assumed that the person acquiring the ball will not use it but will instead treat it much like a treasured picture or other keepsake. Most items are used -- they are not new because someone of interest to you or others has already used them and may even have damaged them.
Our Right to Correct Errors. From time to time there might be information on FCF Auction that contains an inaccuracy such as a typographical error, mistake or omission (collectively, “Inaccuracy”), including any relating to item descriptions, pricing, availability or other information. We reserve the right to correct any Inaccuracy even if an auction has already occurred or any fixed price item has been sold. We apologize for any inconvenience this may cause you. Please note that while we have tried to accurately display the various colors of products, the actual colors you see will depend on particular technical specifications and settings of your computer and its display and, therefore, the colors might not be accurate. Even when there is no Inaccuracy, the item descriptions are intended to provide information only -- they are not intended to be express warranties and you agree not to rely upon them as such.
Pricing. All prices are shown in U.S. dollars and are valid and effective only for items auctioned and shipped from the U.S.; taxes and any (if any) shipping and handling charges are additional. All items are subject to availability, quantity limits and your compliance with the FCF Auction Terms. Subject to applicable law, we reserve the right to reject all or part of a winning bid without notice if we believe there has been a violation.
Place of Acceptance. If your bid or fixed price offer is accepted, acceptance is subject to (a) verification that your designated payment method is valid and has a sufficient credit or other balance to cover your full bid or offer and all other amounts due under the FCF Auction Terms, and (b) your full compliance with the FCF Auction Terms and with any additional conditions in disclosures made on FCF Auction or in the listing for the item (including any links from the foregoing). Acceptance will be deemed accepted by us at our Connecticut place of business (or as indicated for any other seller). If we do not receive payment within 24 hours we may suspend or cancel your interest in the item you offered to purchase without further notice, and you agree that we may do whatever we want with the item (e.g., sell it to someone else, keep it or anything else) without any accounting or liability to you.
Shipping and Handling. All items purchased at FCF Auction will be by United Parcel Service Ground with signature required (or other carriers or options that might appear during checkout) within 5 business days of verification of the payment method used by the purchaser (e.g., the winning bidder). There will be a set fee for items shipped to Canada or the United States, which will be indicated in connection with the item listing page, which fee may or may not reflect actual costs incurred. Shipments to outside of Canada or the United States will be subject to additional costs for which the purchaser is responsible, including but not limited to any and all additional shipping costs, tariffs, duties, customs, and any other fees associated with the shipping and receiving of the item.
We reserve the right to change charges and details from time to time and you agree to be bound by additional or different details that appear in connection with an auction. All orders placed through FCF Auction are shipment contracts, not destination contracts (which means that the risk of loss transfers from FCF Auction to you when we hand over the purchased item to the delivery company). Any shipping times shown on FCF Auction are estimates only – actual delivery dates may vary.
Export Restrictions. See “Jurisdictional Issues” in the Shop Terms.
No Resale or Commercial Use of FCF Auction. Use of FCF Auction is personal to you. You agree not to resell or make any commercial use of the website, without our express consent in a non-electronic record.
Indemnification. You agree to indemnify, defend and hold, FCF, Webkul Software Product Auction and any of their respective parents, partners, subsidiaries, affiliates, directors, partnerships, principals, governors, service providers, representatives, agents, officers and employees, and successors and assigns harmless from and against any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of FCF Auction, violation of the FCF Auction Terms, or the infringement by you or other User of FCF Auction using your computer, tablet, smart phone or other access device, username or password of any intellectual property or other right of any person or entity.
Amendments. We may change or amend the FCF Auction Terms as set forth in the Shop Terms or here. We will endeavor to provide prior notice on FCF Auction of the amended version and its effective date, but we reserve the right to provide subsequent notice when we believe an emergency exists that could hurt us or others, including property interests. Your use of FCF Auction or your failure to terminate any Membership (your account, if you are a Registered Fan) will constitute your consent to the amended version: if you do not want to agree to the revised version, do not use the website after, and terminate your Membership before, the effective date.
Damage Exclusions and Limitations, NO Warranties. To the full extent allowed by law, you agree as follows:
NO WARRANTIES. FCF AUCTION; ALL ITEMS OR SERVICES (WHETHER TANGIBLE OR INTANGIBLE) LISTED, PROVIDED OR SOLD ON OR THROUGH WWE AUCTION; ALL CONTENT, FUNCTIONALITY, SOFTWARE, MESSAGES TRANSMITTED OR RECEIVED BY US OR OUR HELPERS (as defined below); AND EVERY OTHER ASPECT OF WWE AUCTION (COLLECTIVELY, “COMPLETE PERFORMANCE”) IS PROVIDED AND MADE AVAILABLE "AS IS" AND WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS IS WITH YOU. However, and only to the extent required by law, the foregoing does not disclaim any description of an item for which we or another seller provides to the purchaser of the item, a seller-signed certificate of authenticity in a non-electronic record.
NEITHER FCF, WEBKUL SOFTWARE OR ANY OF THEIR RESPECTIVE PARENTS, PARTNERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, PARTNERSHIPS, PRINCIPALS, GOVERNORS, SERVICE PROVIDERS, REPRESENTATIVES, AGENTS, OFFICERS AND EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “HELPERS”) MAKES ANY COMMITMENT OR WARRANTY AND EACH DISCLAIMS ANY (IF ANY) STATUTORY OR IMPLIED OR COMMON LAW WARRANTIES, CONDITIONS OR DUTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, (A) OF MERCHANTABILITY; (B) OF FITNESS FOR PURPOSE OR USE; (C) OF RESULTS, ACCURACY, FUNCTIONALITY OR AVAILABILITY (INCLUDING BUT NOT LIMITED TO ANY SETTINGS OR PREFERENCES THAT YOU MIGHT SET OR SELECT), COMPLETENESS OR CORRECTION OF INFORMATION OR FUNCTIONALITY; (D) OF LACK OF NEGLIGENCE, REASONABLE CARE OR EFFORT; (E) OF LACK OF VIRUSES OR OTHER HARMFUL CODE; (F) OF PRIVACY OR SECURITY; (G) OF INDEMNITY; AND (H) OF ANY CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IF ANY DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE DUTY WILL BE MEASURED BY WILLFUL MISCONDUCT. ALSO, THERE ARE NO WARRANTIES OF TITLE, QUIET ENJOYMENT OR OF LACK OF INFRINGEMENT.
NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES. YOU AGREE THAT NEITHER WE NOR ANY OF OUR HELPERS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THE LIKE (INCLUDING WITHOUT LIMITATION, LEGAL, EXPERT AND CONSULTANT FEES AND COSTS), OR FOR DAMAGES FOR (WITHOUT LIMITATION): LOST PROFITS OR OPPORTUNITY; IDENTITY THEFT; LOSS OF PRIVACY OR SECURITY OR DATA; PERSONAL OR OTHER INJURY; INACCURACY OR LACK OF FUNCTIONALITY; COST OF PROCUREMENT OF SUBSTITUTE ITEMS OR SERVICES; MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH WWE AUCTION OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; PERFORMANCES OR LACK OF PERFORMANCES BY THIRD PARTIES; FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT); OR FOR ANY OTHER INDIRECT OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE COMPLETE PERFORMANCE OR TO A BREACH OF CONTRACT OR LAW BY US OR OUR HELPERS, EVEN IF WE (OR A HELPER) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION. The foregoing damages are hereinafter collectively referenced as the “Excluded Damages.”
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. You agree that your sole remedy for any breach of THE FCF AUCTION Terms or any cause of action of any nature (including tort) relating to THEM OR TO ANY ASPECT OF the COMPLETE PERFORMANCE shall be, at our option, (1) substitution or replacement of all or part of the COMPLETE PERFORMANCE that gives rise to damages (other than excluded damages) incurred by you in reasonable reliance on us; or (2) the amount of damages (other than excluded damages) actually incurred by you in reasonable reliance, which amount shall not exceed the amount actually paid by you to US FOR THE ITEM or other aspect of the complete performance GIVING RISE TO said DAMAGES. You agree that the damage exclusions in these Terms and this limitation of liability shall apply even if any remedy fails of its essential purpose.
Termination: In addition to our rights of termination under the Shop Terms, we may terminate your access to FCF Auction for any or no reason and without notice. You may also terminate your Membership and use of FCF Auction at any time without notice to us. All obligations incurred before termination will survive it (as one example, you will still have to pay for a purchased item and we will still have to deliver the item, subject to the FCF Auction Terms). You may cancel your account at any time by sending us an email at email@example.com. Upon termination of your rights under these Terms, your account and right to access and use the Services will terminate immediately. You understand and agree that any termination of your account may involve deletion of your User Content associated with your account from our live databases. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your User Content. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: “Intellectual Property Rights;” “Trademarks;” “Prohibited Uses;” “User Content;” “Feedback;” “Release;” “Disclaimer of Warranties;” “Limitation on Liability;” “Indemnification;” “Governing Law and Jurisdiction;” “Dispute Resolution;” and this Section “General Terms and Conditions.”
NO RETURN/REFUND POLICY
Except to any extent otherwise required by law, all sales are final and do not come with a right to a refund or exchange.
SPORTS MEMORABILIA DISCLOSURE; CERTIFICATES OF AUTHORITY
To any extent (if any) California or similar law applies to us or any of the items at FCF Auction, we might be required to provide the following type of notice:
SALE OF AUTOGRAPHED SPORTS MEMORABILIA DISCLOSURE. AS REQUIRED BY CALIFORNIA LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THAT DEALER.
If the above is relevant in California or another state with a similar law, or when such a law is not relevant but an item description states that a certificate of authenticity will be provided, the certificate will be supplied with the delivery of the item purchased, e.g., if you buy an autographed belt, a physical certificate will be delivered with the physical delivery of the belt.
Shop Terms. The “Privacy and Security” and “Monitoring of Web Site” sections of the Shop Terms particularly pertain to privacy and apply (but other sections of the Shop Terms also apply), shall be read to include FCF Auction (and you so agree);
Social Networks. If we allow you to sign onto FCF Auction through a social network that you belong to, we may access or receive data from the network. Social networks are controlled and operated by third parties. By interacting with us through them, you may be providing them with access to your Personal Information or other information about your activities which can be used to distinguish or trace your identity or used in combination with what they otherwise know about you. You will be subject to their privacy policies in addition to ours, and information might be collected through their cookies or other technologies relating to the connections, buttons or functionalities relating to their networks (e.g., they might use persistent cookies when we might use just a session cookie). See their privacy policies before signing-in with social network credentials or otherwise using functionalities of theirs that might be on FCF Auction. We may supplement this information about social networks from time to time; and
CUSTOMER SERVICE & CONTACT INFORMATION ETC.
FCF Auction is provided by Fan Controlled Sports & Entertainment, Inc. You can contact us as follows:
Fan Controlled Sports & Entertainment, Inc.
2629 Manhattan Ave,
#292 Hermosa Beach, CA 90254
*If you are a resident of California and would like to receive our legal name and address by email, provide us your email address by sending it to shopsales.fcf.io; if you have a complaint, you may contact us as set forth above or contact the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.