Special Terms
TERMS AND CONDITIONS OF THE AUCTION
For the purpose of these terms and conditions, Kraken Santa Cruz LLC, a California limited liability corporation, DBA Kraken?s Treasure, will be referred to as Kraken?s Treasure.
By registering to bid or placing a bid, you agree to be bound by all of these terms and conditions, as well as any other announced terms, conditions of sale, or site rules. High and low estimates are provided solely for the convenience of the buyer, and Kraken?s Treasure makes no warranties of any kind regarding them. All lots are sold AS-IS and all sales are final. No credit card chargebacks will be accepted?no exceptions.
All internet bidders agree to pay a buyer's premium of twenty percent (20%) of the hammer price of each item they purchase. Payment of the winning bid amount, buyer's premium, and shipping/handling charges will be made at the time the auction is reconciled by Kraken?s Treasure, using the credit card on file with Proxibid or LiveAuctioneers. In consideration of Kraken?s Treasure's approval of the Bidder's application to participate in the auction, the Bidder hereby authorizes Kraken?s Treasure to charge the credit card provided by the Bidder to Proxibid or LiveAuctioneers, as specified herein. A $50 handling fee will be charged for each declined credit card transaction, and the Bidder agrees to this charge. Requests for alternative payment arrangements will only be considered prior to the opening of bidding in any auction.
After payment of your Proxibid or LiveAuctioneers invoice you will receive a request from ShippingSaint to confirm your shipping address. Once confirmed, you will receive a separate shipping invoice to be paid prior to your items being dispatched. Lots will ship approximately 3-4 days after the auction ends and payment is received. Shipping is via USPS Priority Mail, charges will be assessed based on the size and value of your purchased lots, in addition to a $1 per lot handling fee for coins ($5 Maximum), and a $2 per lot handling fee for all other collectibles ($10 Maximum). Rates are calculated at the time of shipping and will be based on the USPS Priority rate card. Insurance is included for invoices up to $100, additional insurance charges will be added to your invoice above this amount. If you have questions about shipping expenses please contact the auction house prior to bidding on an item.
Kraken?s Treasure guarantees all coins to be genuine. If, after receiving a coin, a buyer questions its authenticity, they have 10 days from the date of receipt to return it. The coin must be in its original holder, and the holder must not have been opened. Kraken?s Treasure will determine if the returned coin is the same coin sold. Kraken?s Treasure may ship the coin to PCGS, ANACS or NGC at its discretion to determine whether the coin is genuine. The buyer is responsible for all costs associated with grading and shipping if the coin is found to be genuine by PCGS, ANACS, or NGC. If the coin is deemed not genuine, Kraken?s Treasure will refund the purchase price, including shipping and grading costs.
Genuineness refers to the authenticity of the coin, including its denomination, metal composition, and proper minting authority. Genuineness does not include the coin?s grade. Coin grading is a subjective opinion provided by the cataloger or a third-party grading service. It is the bidder's responsibility to assess the condition and value of the coin or lot. Kraken?s Treasure does not guarantee coin grades on any of its lots. We strongly encourage you to study the photos and videos provided during the auction and ask any questions before bidding. We may be reached at 831-400-5996, Monday through Friday, 9 a.m. to 5 p.m. PT.
Kraken?s Treasure may attempt to describe coins in advertising, online, and during the auction. Any description referring to coin grade or condition is the subjective opinion of Kraken?s Treasure. Kraken?s Treasure makes no express or implied warranties based on these descriptions. While Kraken?s Treasure guarantees the authenticity of all coins, it does not guarantee the condition or grade of any coin, regardless of any subjective opinion expressed. It is the buyer's sole responsibility to judge the coin's grade and condition based on the pictures and videos provided. Buyers are further encouraged to contact Kraken?s Treasure with any questions before the auction begins.
Internet bidders acknowledge that they cannot inspect the lots beyond photo examination, and the questions asked of Kraken?s Treasure by phone prior to the auction. Such examination is not as thorough as an in-person inspection. It is the bidder's responsibility to determine the condition, value, or any other determining factor of the item. Kraken?s Treasure will strive to provide detailed descriptions of each item, but is not responsible for any errors or omissions unless there is material and intentional misrepresentation of the item. Material misrepresentation does not include coin grading.
Bidder agrees that all items are sold as-is and that returns are only allowed in the case of intentional and material misrepresentation. If Kraken?s Treasure determines that an item was intentionally and materially misrepresented, the buyer may return it at their expense, in the same condition it was received, for a refund of the purchase price. Kraken?s Treasure is not liable for any amount greater than the purchase price of the item. All sales are final. There are no returns or exchanges.
Returns may only be authorized by Kraken?s Treasure in its sole discretion, and only with prior written approval. To request a return, the Bidder must provide a written explanation within 3 days of receiving the lot. Kraken?s Treasure reserves the right to charge a restocking fee of 25% of the full invoice amount, at its sole discretion. Any allowed returns must be received in the same condition as originally shipped, or they will be returned to the buyer at the buyer's cost. Unauthorized returns will be refused.
In the event of a dispute between the buyer and Kraken?s Treasure, both parties agree to resolve the issue through binding arbitration in the State of California. Kraken?s Treasure will select a neutral arbitrator. The arbitration process begins when either party requests arbitration, which must be served upon the other party by certified mail. Failure to attend arbitration will be considered default. Each party may present their case for a maximum of one hour. By participating, both parties waive their rights to a court hearing. The arbitrator has full jurisdiction over the dispute and may issue an award to the prevailing party. Arbitration fees will be paid by the non-prevailing party, or as deemed appropriate by the arbitrator. The prevailing party will be reimbursed for any actual paid fees related to the dispute.
By signing up to participate in a Kraken?s Treasure auction, the bidder agrees to these dispute resolution terms as their sole means of resolving disputes. The bidder further agrees not to file disputes with Proxibid, LiveAuctioneers, credit card companies, PayPal, or other third parties. If the bidder violates this provision, they acknowledge that Kraken?s Treasure has the right to seek damages for fraud and other costs, including legal fees and time charges.
A bid at any time represents an irrevocable offer by the bidder to enter into a binding contract in accordance with the listing?s specific provisions. There are no provisions for 'marking' a lot or 'testing the system.' Requests to cancel bids due to any misunderstanding, lack of due diligence, or failure to control the bidding terminal will not be honored. Such requests will be considered invalid, and the bidder will remain obligated to complete the transaction.
If you are the successful bidder, you agree to pay the amount of your bid plus all applicable taxes and charges within the time frame specified by Kraken?s Treasure. Failure to make payment will be considered a breach of these terms and conditions, and Kraken?s Treasure may charge a re-stocking fee of 25% of the invoice amount, plus $25, or the cost associated with remarketing and reselling the lot, whichever is greater. The bidder is responsible for all costs related to the collection of any amounts owed.
Failure to complete the purchase may result in the loss of future bidding privileges, credit agency reporting, or legal and/or collection action. These terms and conditions, along with each auction listing, contain all provisions applicable to the agreement between Kraken?s Treasure and the bidder. These provisions supersede any other agreements, representations, or understandings, whether prior or contemporaneous, oral or written.
If any provision of these terms and conditions or any auction listing is found to be void, unlawful, or unenforceable under applicable law, it shall be modified to the minimum extent necessary to comply with the law, or if modification is not possible, it shall be deleted without affecting the enforceability of the remaining provisions.
Kraken?s Treasure provides internet pre-auction and live bidding as a service. Bidder acknowledges that this service may not always function correctly. Kraken?s Treasure is not responsible for any missed bids due to technical issues. To ensure a bid is acknowledged, internet bidders should use the proxy-bidding feature and submit their maximum bid 24 hours before the auction begins. Kraken?s Treasure reserves the right to withdraw or re-catalog items and may advance the bidding at its discretion. In the event of a tie or dispute between bidders, the auctioneer may reopen the bidding until the item is sold. The record of the auction made by Kraken?s Treasure shall be conclusive.
Kraken?s Treasure reserves the right to refuse any buyer?s number for any reason and may request identification, including but not limited to a driver's license, credit card photocopy, Social Security card, or U.S. Passport. The bidder agrees to comply with any additional terms and conditions related to specific items.
Thank you for taking the time to review these terms and conditions.
Enjoy the auction!
Kraken's Treasure
Kraken Santa Cruz LLC
(831) 400-5996
https://krakenstreasure.com
info@krakenstreasure.com
