Effective Date: September 21, 2026
Website Use and Electronic Agreement Notice. These Terms govern your access to and use of Global Card Auctions, LLC’s ("GCA") website and platform. By accessing or using the website or platform, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree, you may not access or use the website or platform.
When GCA presents an acceptance box, transaction notice, registration process, or other electronic acceptance mechanism, your selection, submission, or continued participation constitutes your electronic agreement to these Terms and to any additional terms presented in connection with the applicable listing, auction, consignment, purchase, payment, shipment, or other transaction. Please retain a copy of all applicable terms for your records.
PART I - GENERAL PLATFORM AND ELECTRONIC TERMS
These Website Terms of Use and Platform Agreement (the "Agreement") govern access to and use of the website, applications, marketplace, auctions, accounts, listings, consignments, bidding, purchases, payments, shipping, storage, communications, content, and related services (collectively, the "Services") provided by Global Card Auctions, LLC ("GCA," "we," "us," or "our").
"User" means any visitor, account holder, buyer, bidder, seller, consignor, owner, agent, or other person using the Services. "Buyer" includes a marketplace purchaser and a winning auction bidder. "Seller" means a third party offering Property through a fixed-price marketplace feature. "Consignor" means an owner or authorized agent who appoints GCA to offer Property at auction. "Property" means collectibles and other tangible personal property accepted by GCA for the applicable Service. "Business Day" means Monday through Friday, excluding federal holidays. "Eligible Credit Card" means a credit card for which a surcharge is permitted by applicable law, applicable payment-card rules, and GCA's acquiring-bank or payment-processor requirements; it does not include a debit or prepaid card, regardless of how the transaction is processed. "Hammer Price" means the final accepted bid for Auction Property, excluding the Buyer's Premium, taxes, shipping, insurance, handling, and other separately stated charges. "Sales Price" means the purchase price for Property in a Marketplace Sale, excluding separately stated taxes, shipping, insurance, handling, and other third-party charges. "Net Proceeds" means the amount payable to a Seller or Consignor after applying the commission, Seller fee, and other authorized deductions applicable to the relevant Sales Price, Hammer Price, reserve, or minimum bid. "Marketplace Examination" means GCA's inspection of sold Marketplace Property after GCA physically receives it, to determine whether the Property reasonably conforms to the Marketplace Listing and whether there is an apparent authenticity, ownership, condition, certification, damage, or other material issue. Marketplace Examination is a transaction-administration procedure and is not an appraisal or a guarantee of authenticity, condition, grade, or value.
These Terms apply to every visitor and User. Browsing or using the Website subjects you to the provisions that reasonably apply to website use, intellectual property, security, privacy, and prohibited conduct. Transactional features may require affirmative electronic acceptance. If you do not agree to the applicable terms, do not use the affected Services.
GCA may make Services available to persons located in the United States and in other countries, subject to applicable law, GCA's service areas, payment and shipping capabilities, sanctions and export restrictions, and other legitimate business or risk considerations. Availability in a location does not mean that every Service, payment method, shipment method, or transaction type is available there.
The Privacy Policy is a separate notice. This Agreement is intended to serve as the master agreement for Website, marketplace, auction, buyer, bidder, seller, consignor, payment, shipping, custody, and related Services. GCA's Bidder Terms and Conditions, Auction-Specific Terms, Auction Consignment Agreement, Marketplace Listing Agreement, and Shipping, Insurance & Delivery Policy supplement this Agreement for the Users and transactions to which they apply, and Section 25 governs any conflict among them. A listing, auction page, checkout, seller or consignment submission, invoice, payment authorization, shipping instruction, fee schedule, or other electronic transaction record may supplement this Agreement for a particular transaction.
Default terms; transaction-specific terms control. Where this Agreement states a standard fee, percentage, time period, reserve status, listing period, payout practice, shipping period, or other operational term, that term is GCA's current default unless a different term is stated in the applicable listing, auction page, bidder registration, Marketplace seller submission, consignment record, checkout, invoice, fee schedule, shipping instruction, account notice, or other accepted transaction-specific record. Users should review the terms presented for the particular transaction. A different transaction-specific term controls the identified subject when it is conspicuously disclosed before the User becomes bound and accepted when acceptance is required. GCA may change its default terms prospectively, but a change will not alter a completed transaction except as permitted by the accepted transaction record or applicable law.
You agree that GCA may conduct transactions and provide agreements, disclosures, notices, invoices, confirmations, and other records electronically. Checking a box, selecting an acceptance or submission button, activating bidding, placing a bid, submitting a listing or consignment, completing checkout, authorizing payment, or using another electronic acceptance method may constitute your electronic signature and agreement to the applicable record.
You must maintain access to an email address and a device and software reasonably capable of accessing, downloading, and retaining electronic records. GCA may provide paper copies upon reasonable request where required or appropriate. Withdrawal of consent to electronic records may limit or prevent continued use of online transaction features but does not affect prior transactions or signatures.
You consent to transactional emails, account messages, and electronic notices relating to the Services. Text messages or marketing communications will be sent only as separately authorized or otherwise permitted by law. You must keep your contact information current.
GCA and its service providers may retain electronic records reasonably related to identity, account access, acceptance, bids, listings, purchases, payments, shipping, claims, compliance, and dispute resolution, including timestamps, account identifiers, device or network information, and transaction history.
Official platform records. Absent manifest error, GCA's platform and system records, timestamps, bid and offer logs, checkout records, invoices, account records, and other electronic transaction records control as to the time, sequence, amount, status, and acceptance of bids, offers, purchases, payments, and other transactions. A display delay, device clock, cached page, network interruption, or other user-side or third-party discrepancy does not override GCA's authoritative transaction record.
You must be at least eighteen (18) years old and legally capable of entering into a binding contract. Information you provide must be complete, accurate, current, and not misleading. If you act for a company, trust, estate, owner, or another person, you represent that you have authority to act for and bind that person with respect to the transaction.
GCA may use payment processors, identity-verification providers, financial institutions, fraud-prevention services, tax services, and other vendors to collect or verify information. Depending on the User's role and the transaction, GCA or a provider may request identity, address, authority, ownership, tax, bank, payment, source-of-funds, provenance, or other information reasonably related to security, fraud prevention, payment risk, title, authenticity, tax reporting, sanctions compliance, insurance, or legal requirements.
A Seller or Consignor may be required to complete onboarding with a GCA-approved payment or payout provider before a listing is activated or proceeds are paid. A Buyer or bidder may be required to complete additional verification, provide a deposit, or use a particular payment method for higher-value, international, new-account, or elevated-risk transactions.
You are responsible for maintaining the confidentiality and security of account credentials, devices, authentication codes, and payment methods and for activity submitted through your account, subject to applicable law. Notify GCA promptly of suspected unauthorized use. GCA may approve, condition, limit, suspend, or reject an account, listing, bid, payment, shipment, payout, or transaction for legitimate business, security, legal, fraud-prevention, payment-risk, insurance, or operational reasons.
GCA may offer fixed-price marketplace transactions, auctions, privately negotiated or brokered sales, direct purchases of Property by GCA or an affiliate, or other Services. The applicable listing or transaction record will identify the transaction type and GCA's role. Fixed-price marketplace transactions and privately negotiated sales are not auctions merely because offers or counteroffers are permitted. A direct purchase by GCA is governed by the applicable purchase record and does not make GCA the owner of other Property submitted for consignment or sale.
For a third-party marketplace transaction, the Seller owns and sells the Property and remains the seller of record unless the transaction record expressly states otherwise. GCA provides platform, payment-administration, communication, fulfillment, custody, examination, authentication-coordination, or other Services that GCA elects to offer for the transaction. GCA does not become the Seller merely by providing those Services.
For an auction consignment, GCA ordinarily acts as the Consignor's agent as described in the applicable consignment record and conducts the auction subject to applicable licensing and auction laws. GCA or an affiliate may also sell Property it owns or in which it has a financial interest, with disclosure when required by law.
Marketplace payments are not held in GCA's auction trust account unless applicable law or the transaction record expressly requires otherwise. Auction proceeds received for another person will be handled in accordance with applicable auction law and the accepted consignment record. Marketplace payment collection. For a Marketplace Sale, the Seller appoints GCA as the Seller's limited agent to receive payment from the Buyer. GCA receives Marketplace payments through GCA's payment processor. The Buyer's payment to GCA in collected funds satisfies the Buyer's obligation to the Seller to the extent of the amount paid. GCA remits the Seller's Net Proceeds as provided in Section 12. This limited agency does not make GCA the Seller or the seller of record.
Sellers and Consignors represent that they own or have the rights necessary to use all listing text, photographs, video, documents, and other submitted content. They grant GCA a worldwide, nonexclusive, royalty-free, sublicensable license to use, reproduce, format, translate, display, distribute, advertise, archive, and otherwise use that content as reasonably necessary for the transaction, platform operation, marketing, market data, fraud prevention, insurance, compliance, dispute resolution, and legal purposes.
Listing images must accurately depict the actual Property offered for sale. Users may not use artificial intelligence, generative fill, filters, editing software, or other tools to add, remove, conceal, reconstruct, or materially alter a feature relevant to identity, authenticity, grade, certification, or condition. Ordinary cropping, rotation, resizing, exposure correction, neutral backgrounds, and watermarks are permitted if they do not misrepresent the Property.
GCA may correct, supplement, reject, remove, or withdraw content or Property when it identifies a material issue involving title, authenticity, condition, legality, accuracy, safety, or platform suitability. GCA may maintain archival transaction records and may create aggregated or deidentified market, pricing, demand, and transaction information for lawful business purposes.
GCA may use artificial intelligence, machine learning, translations, recommendations, or other automated tools to assist with search, descriptions, cataloging, pricing guidance, customer support, fraud detection, moderation, and operations. Automated outputs may be incomplete or inaccurate, are informational only, and do not replace User review or professional judgment. GCA does not guarantee the availability, accuracy, or outcome of an automated tool.
GCA's names, logos, Website, software, platform elements, templates, original photographs, compilations, and other proprietary materials are owned by GCA or its licensors. Except for the limited right to use the Services as permitted by this Agreement, no User receives ownership or other rights in those materials.
Copyright complaints may be sent to GCA's designated Copyright Agent with the information required by applicable law. DMCA and Intellectual Property Contact: Copyright Agent, Global Card Auctions, LLC, 11033 Summerspring Lakes Dr., Orlando, FL 32825; Phone: 954-519-5593; Email: support@globalcardauctions.com; U.S. Copyright Office Registration Number: DMCA-1076436. GCA may remove or disable access to challenged material and may terminate repeat infringers where appropriate.
GCA may use or integrate payment processors, banks, identity-verification services, auction platforms, shipping carriers, insurers, storage facilities, grading and authentication services, analytics providers, tax services, and other vendors. Third-party services may be governed by separate terms, fees, eligibility requirements, availability limitations, and privacy practices. GCA is not responsible for a third party's independent services except to the extent liability cannot lawfully be excluded.
GCA may monitor, review, preserve, or disclose communications sent through the Services when reasonably necessary to provide support, prevent fraud, enforce platform rules, investigate prohibited off-platform transactions, resolve disputes, or comply with law. Customer-service or telephone-bidding calls may be monitored or recorded after any notice or consent required by law.
GCA's Privacy Policy, available at Privacy Policy and through the “Legal” link in the Website footer, explains how GCA collects, uses, discloses, retains, and protects personal information and is incorporated by reference for notice purposes. You authorize GCA to process information reasonably necessary to provide the Services, verify Users and Property, administer payments and shipping, prevent fraud, comply with law, and enforce this Agreement.
PART II - FEES, PAYMENTS, TAXES, AND PAYOUTS
The price of Property and all mandatory GCA fees, commissions, buyer's premiums, seller fees, processing charges, and other charges applicable to a transaction will be disclosed through the applicable listing, auction page, seller or consignment submission, checkout, invoice, fee schedule, or other transaction record before the User becomes bound to the charge, as required by law.
Current default fees. Unless accepted transaction-specific documentation conspicuously provides otherwise, GCA's standard Marketplace fee is ten percent (10%) of the Sales Price. The payer bears the costs associated with making payment to GCA, and a payout recipient bears the costs associated with receiving payment from GCA, as provided in Sections 10 and 12. A Marketplace Seller is not responsible for an ordinary fee attributable solely to the Buyer's payment method, but remains responsible for authorized Seller expenses and losses attributable to the Seller's Property, conduct, breach, or inaccurate information. For Auction Sales, GCA's standard Buyer's Premium is twenty percent (20%) of the Hammer Price and is charged to the winning Buyer. Unless otherwise agreed, GCA charges no percentage-based Auction Consignor commission, and the Consignor receives one hundred percent (100%) of the Hammer Price, plus any make-whole payment due under Section 20, less authorized deductions. A completed Auction Sale with a Hammer Price below one hundred dollars ($100) is subject to a ten-dollar ($10) Consignor processing fee, in addition to other authorized expenses.
These amounts are defaults, not permanent pricing promises. GCA may adopt different fees, premiums, commissions, processing charges, promotions, minimums, or other pricing for a particular Property, User, Service, auction, marketplace listing, or transaction if the different term is disclosed in the applicable transaction-specific documentation before the User becomes bound. The accepted transaction-specific pricing controls the identified transaction.
Credit-card surcharge. When permitted by applicable law and payment-card rules, GCA charges three percent (3%) of the total amount paid using an Eligible Credit Card. The surcharge will be disclosed before authorization and separately stated on the applicable checkout page, invoice, payment authorization, receipt, or other transaction record. It does not apply to a debit or prepaid card and will not exceed the amount permitted by applicable law, applicable card-network rules, GCA's acquiring bank or processor, or GCA's applicable cost of credit-card acceptance.
Third-party charges, including payment-processing, financial-institution, shipping, insurance, grading, authentication, storage, customs, duties, or similar costs, may apply as disclosed or as imposed by the applicable provider. The party responsible for those charges will be identified in the applicable transaction record or determined under this Agreement and applicable law.
GCA may make available payment by credit card, debit card, PayPal or another approved digital wallet, ACH or other bank-debit method, bank wire, third-party financing, or another payment method approved by GCA. The availability of any payment method is not guaranteed.
For a Marketplace Listing, the Seller may indicate the payment methods the Seller is willing to accept, subject to availability, GCA approval, processor requirements, transaction value, fraud or chargeback risk, and other legitimate considerations. GCA may restrict, disable, override, or require a particular payment method when reasonably appropriate. For an Auction Listing, GCA determines and controls the payment methods, limits, deposits, verification requirements, and collected-funds requirements available to bidders and winning Buyers, subject to the applicable auction terms. GCA or its payment provider may require identity or payment verification, a deposit, a reserve, additional authentication, a particular payment method, or collected and cleared funds based on transaction amount, account history, location, fraud or chargeback risk, processor requirements, or other legitimate considerations.
Auction card validation. GCA ordinarily requires a bidder to provide and maintain a valid credit or debit card for registration, identity verification, payment-risk review, and default-payment authorization. GCA may waive, modify, or reinstate that requirement in its sole discretion, subject to applicable law and processor requirements. GCA or its payment provider may use a zero-dollar verification or temporary authorization hold to validate the card. Such a verification or hold is not payment of an invoice and may remain visible until released by the issuing bank.
Payment authorization. By submitting an order, activating bidding, placing a bid, authorizing a listing, or providing a payment method, you authorize GCA and its approved payment providers to verify, preauthorize, charge, debit, collect, allocate, transfer, reverse, or refund amounts lawfully due under the applicable transaction record. An automatic charge will be made only when the required authorization has been presented in a legally sufficient manner.
Auction default-payment authorization. By registering to bid, accepting the applicable auction terms, and placing a bid, the bidder authorizes GCA and its approved payment provider to make an unscheduled merchant-initiated charge to the bidder’s card on file for any auction invoice balance that remains unpaid after 11:59 p.m. Eastern Time on the third (3rd) calendar day after the invoice is issued or made available through the bidder’s account. The charge may include the Hammer Price, Buyer’s Premium, applicable taxes, shipping, insurance, or handling charges properly allocated to the Buyer, and other authorized invoice items. Subject to applicable law and payment-card rules, GCA may reattempt a declined charge or collect an authorized partial amount without waiving the remaining balance.
Marketplace stored-payment authorization. When a Marketplace Buyer completes checkout using a payment method stored with GCA's payment processor, the Buyer authorizes GCA and its processor to charge that method for the Sales Price and the other amounts disclosed at checkout, including any credit-card surcharge under Section 9. GCA will not make a later charge to a stored Marketplace payment method unless the Buyer authorizes that charge.
Approved alternate payment methods. A winning Buyer may pay by another method approved by GCA for the transaction, but GCA must receive the payment in collected and cleared funds before the automatic-charge deadline. Merely requesting or initiating an alternate payment method does not suspend the deadline unless GCA confirms otherwise in writing or electronically.
Payments to GCA; payer responsibility for payment costs. Every payment to GCA must be made in United States dollars and arranged so GCA receives the full amount due, without deduction or setoff. The payer is responsible for fees imposed by the payer's bank, card issuer, financial institution, payment provider, intermediary bank, correspondent bank, or other transmitting provider. GCA may also charge or pass through an incoming wire, ACH, bank, currency-conversion, digital-payment, processor, or other payment cost if the fee or calculation method is disclosed before the payer authorizes or initiates payment. The fee may be added to the amount due or collected separately. Any deficiency remains immediately due. Eligible Credit Card payments are also subject to Section 9.
No payment-method substitution after processing. Once GCA processes a payment, the Buyer may not require a reversal or refund merely to substitute another method. GCA may approve a written request in its discretion, require collected replacement funds before refunding, and charge a Payment-Method Change Processing Fee of three percent (3%) of the amount refunded for additional nonrefundable processing costs and administrative work. GCA will not recover the same internal cost twice. The fee may be deducted from the refund or required in advance. Card refunds will be issued to the original card unless applicable law or payment-card rules require otherwise.
Seller payment accounts and allocated fees. A Marketplace Seller or Auction Consignor may be required to maintain an approved payout account and comply with provider identity, tax, bank, reserve, chargeback, negative-balance, and payout requirements. Unless accepted transaction-specific documentation provides otherwise, the Seller or Consignor is responsible for payout fees and for fees, negative balances, refunds, chargebacks, reversals, or other losses attributable to that person's Property, conduct, breach, or inaccurate information—not for an ordinary payment fee attributable solely to the Buyer's selected method. GCA may deduct properly allocated amounts from proceeds otherwise payable.
Cleared-funds requirement. Authorization, approval, or initial capture of a payment does not mean that GCA has received collected and cleared funds. GCA may require collected and cleared funds before Property is released, shipped, transferred, or settled. Users may not direct payment outside the payment methods or instructions approved for the transaction to circumvent GCA’s fees, verification, reporting, or protections.
Title and right to possession. Unless applicable law or the accepted transaction-specific record provides otherwise, title to purchased Property passes from the applicable owner or Seller to the Buyer only after GCA has received the full purchase price and all other amounts due for the transaction in collected and cleared funds and all applicable transaction conditions have been satisfied. GCA may withhold possession, release, transfer, or shipment until those conditions are satisfied. This title provision does not alter any separately stated allocation of transit risk, custody risk, or risk of loss.
Returned-payment default. Unless a different lawful amount is stated in the applicable transaction record, a returned or dishonored payment may result in a charge of thirty-five dollars ($35) or the actual processor or financial-institution cost, as permitted by applicable law, plus interest at the lesser of 1.5% per month or the maximum rate permitted by law. GCA may waive or reduce this charge in its discretion.
GCA will calculate, collect, withhold, report, and remit sales, use, marketplace, auction, value-added, goods-and-services, or other transaction taxes to the extent required by applicable law. GCA may use an approved third-party tax service. Buyers remain responsible for taxes and governmental charges that are legally due but not collected by GCA.
For international transactions, GCA may restrict countries, carriers, payment methods, currencies, declared values, service levels, and transaction types. Unless the applicable transaction record states otherwise, the Buyer is responsible for import entry, duties, tariffs, import VAT or GST, brokerage, customs clearance, permits, and other destination-country charges. A Seller or Consignor shipping Property across a border is responsible for lawful export and import from the origin side unless GCA expressly agrees otherwise.
No User may request false valuation, false origin, gift designation, inaccurate description, tariff manipulation, or other false customs or tax information. GCA may require tax forms, tax identification information, exemption certificates, or other records and may withhold or adjust payouts when required by law. Depending on the payment structure and applicable reporting rules, GCA or a payment provider may prepare or furnish a Form 1099 or other information return.
Seller and Consignor payout timing and settlement conditions will be stated in the applicable transaction record, account, or payout notice. For a Marketplace Sale, GCA will ordinarily remit the Seller's net proceeds only after: (a) the Buyer's payment has been received, collected, and reconciled; (b) applicable delivery, Marketplace Examination, Buyer Acceptance, return, dispute, and chargeback requirements have been satisfied; (c) authorized fees, expenses, taxes, refunds, claims, reserves, and other deductions have been applied; and (d) no legitimate legal, ownership, authenticity, fraud, payment, or regulatory hold remains. As GCA's current Marketplace default, a Buyer ordinarily has forty-eight (48) hours after carrier tracking confirms delivery to electronically accept the Property or submit a permitted claim. If the Buyer accepts the Property, or does not submit a permitted claim within that period, GCA may mark the Marketplace transaction eligible for payout. After all applicable payout conditions are satisfied, GCA's current default is to authorize or remit net Marketplace proceeds within three (3) Business Days. A listing, checkout, Marketplace Seller Agreement, claim policy, account notice, payment-provider rule, or other transaction-specific documentation may state a different acceptance period, payout period, or condition and will control for that transaction. Actual receipt may be affected by payment-provider timing, verification, weekends or holidays, reserves, bank processing, fraud review, legal holds, claims, refunds, chargebacks, or other legitimate conditions.
Payout fees. Unless GCA expressly agrees otherwise, a payout recipient is responsible for any outgoing wire, ACH, check, payment-provider, intermediary-bank, or similar fee disclosed in the applicable agreement, payout form, settlement statement, account notice, or other transaction record before processing. GCA may deduct the disclosed fee from the payout. The recipient is also responsible for fees imposed directly by the recipient's bank, financial institution, or payment provider.
GCA and its approved providers may place reasonable holds or reserves on amounts related to expected refunds, returns, chargebacks, disputes, taxes, liens, shipping losses, fraud reviews, processor reserves, negative balances, legal process, or User obligations. To the extent permitted by law, GCA may deduct, recoup, or set off amounts owed by the same legal person from pending or future payouts, refunds, credits, insurance proceeds, returned Property, or other amounts GCA lawfully controls.
During a refund, payment dispute, reversal, or negative-balance event, GCA or a payment provider may pause or reverse a payout or transfer, debit an available connected balance, initiate a separately authorized debit, deduct from future payouts, require additional evidence, restrict transaction privileges, or use other remedies permitted by the applicable payment structure, this Agreement, and law.
GCA may delay acceptance, listing, shipment, release, return, transfer, or payout of Property when reasonably necessary to address a stolen-property inquiry, legal process, sanctions issue, tax or reporting requirement, payment-provider or insurer requirement, ownership dispute, suspected fraud, or other legal or compliance matter.
PART III - SHIPPING, CUSTODY, CONDITION, AND CLAIMS
The applicable transaction record will identify the fulfillment method, responsible party, expected handling period, and material shipping terms. Unless GCA directs otherwise, Seller-retained Marketplace Property must be tendered to the designated carrier within three (3) Business Days after GCA gives notice of sale and shipping instructions. After GCA accepts custody and completes any required intake or examination, GCA ordinarily ships Marketplace or Auction Property within three (3) Business Days after payment clears and verification is complete, subject to disclosed special handling or third-party delays. GCA may use third-party carriers and fulfillment providers. Before charging a party for shipping, insurance, packing, handling, signature service, or delivery, GCA will disclose the amount, a reasonable estimate, or the calculation method on a checkout page, invoice, shipping authorization, or other transaction record. A disclosed estimate or method authorizes the resulting actual charge, including carrier adjustments calculated under that method; a material additional charge not covered by the disclosure will be shown on an updated record before it is charged. GCA may collect an allocated charge in advance, on an invoice, separately, or by authorized deduction from proceeds.
Auction shipping allocation. Unless the applicable auction page, Auction-Specific Terms, Lot description, invoice, or other accepted transaction record expressly states otherwise, the winning Buyer is responsible for GCA-approved packing, outbound shipping, insurance, signature, handling, and delivery charges. GCA may arrange delivery and collect those charges before shipment. The Buyer also bears additional costs caused by the Buyer's instructions, delivery changes, refusal, failed delivery, or other conduct. International Buyers remain responsible for applicable customs duties, import taxes, brokerage charges, and similar destination-country charges.
Marketplace shipping allocation. Unless the applicable Marketplace listing, checkout, or transaction-specific terms expressly states otherwise before the Buyer becomes bound, the Marketplace Buyer is responsible for outbound shipping, insurance, and handling charges necessary to deliver Marketplace Property from GCA to the Buyer. GCA may collect those charges at checkout or include them on the invoice. The Seller is responsible for shipping, insurance, and handling charges necessary to send Marketplace Property to GCA or a GCA-designated provider, unless the applicable transaction-specific terms state otherwise. International Buyers remain responsible for applicable customs duties, import taxes, brokerage charges, and similar destination-country charges.
Inbound shipping and custody. Unless accepted transaction-specific documentation provides otherwise, the sender is responsible for proper packaging, accurate information, tracking, required insurance or declared-value protection, and all inbound shipping costs and risk. Risk remains with the sender until GCA or an authorized GCA representative physically receives the package at GCA's designated receiving location. A carrier scan, unattended delivery, or delivery to a mailbox, parcel locker, carrier location, mail-receiving service, unauthorized person, or location contrary to GCA's instructions does not by itself establish GCA's physical receipt. A signed GCA intake receipt or other written or electronic confirmation issued by GCA is evidence of physical receipt. Physical receipt is not acceptance of the Property for sale or another Service, which remains subject to GCA's inspection. GCA is not responsible for an uninsured or underinsured inbound shipment merely because tracking reflects delivery.
Outbound risk of loss. Unless the applicable transaction record states otherwise, risk of loss for purchased Property shipped by GCA passes to the Buyer upon documented delivery to the Buyer's designated address or an authorized recipient. Before delivery, loss or damage in transit is addressed through the applicable carrier, insurance, or shipment-protection claim, subject to Section 27.
Cost allocation does not determine when title or risk of loss passes. Those matters are governed separately by this Agreement and the applicable transaction record.
When GCA accepts physical custody of Property, GCA will exercise commercially reasonable care but is not an insurer. GCA may inventory, photograph, video-record, inspect, scan, measure, identify, secure, store, pack, combine, separate, forward, ship, return, or transfer Property as reasonably necessary for the applicable Service. GCA may open inbound packages and preserve evidence when reasonably related to intake, condition, authenticity, security, insurance, prohibited conduct, a claim, or legal compliance. GCA is not promising that every package will be recorded or examined in a particular manner.
GCA's contractual responsibility for physical loss of or damage to Property while in GCA's custody is subject to any accepted declared value or Agreed Consignment Value, as applicable, and to available insurance, exclusions, and the limitation-of-liability provisions below, except where liability cannot lawfully be limited. GCA is not responsible for market-value changes, grading changes, latent or preexisting defects, ordinary aging, or events outside GCA's reasonable control.
GCA may offer storage, combined shipping, future consignment, or other holding arrangements for Property in GCA's custody. Any such arrangement is subject to the terms and charges disclosed for that Service and does not create a deposit account, wallet, investment account, or guarantee of future sale value.
Uncollected, refused, or returned-to-sender Property. If purchased Property cannot be delivered, is refused or returned to GCA, or the Buyer fails to provide a valid delivery address, complete required customs or import steps, or otherwise accept delivery, GCA may, after reasonable notice when practicable and subject to applicable law, hold the Property, reship it at the Buyer's expense, transfer it to a third-party storage provider, and charge or recover reasonable disclosed shipping, insurance, storage, handling, and related costs. GCA may exercise applicable lien and setoff rights. Property that remains unclaimed may ultimately be sold, transferred, or otherwise handled only through procedures permitted by applicable law, with any required accounting for net proceeds. Property does not become GCA's property merely because it is unclaimed or returned.
Marketplace Buyer Acceptance default. Unless the applicable listing, checkout, return or claim policy, or other transaction-specific record states a different period, the Buyer ordinarily has forty-eight (48) hours after confirmed delivery to electronically accept the Property or submit a permitted claim. If the Buyer does neither during that period, the Property is deemed accepted for transaction-administration and payout-eligibility purposes, subject to any claim rights that cannot lawfully be waived and any longer claim right expressly provided elsewhere.
Collectibles may have manufacturing variations, wear, restoration, trimming, recoloring, repairs, alterations, replacement parts, holder damage, label errors, autograph issues, provenance questions, or other characteristics. Buyers should review images, descriptions, grades, certifications, and disclosures carefully.
Grades, certifications, stickers, population reports, authentication results, appraisals, and other third-party opinions are opinions of the issuing provider and may change or be withdrawn. Unless GCA expressly provides a written guarantee for a specific transaction, GCA does not guarantee authenticity, grade, condition, future value, liquidity, investment performance, population count, or acceptance by another marketplace or grading service.
Price histories, estimates, prior auction results, market data, alerts, recommendations, automated outputs, articles, and other informational materials are provided for general informational purposes only. Any appraisal, valuation, evaluation, estimate, or pricing guidance provided by GCA is an opinion based on information reasonably available at the time and is not a certified appraisal or a guarantee of authenticity, grade, sale price, market value, liquidity, or future performance unless GCA expressly agrees otherwise in a separate written record. Past results do not guarantee future bidding, sale price, timing, or net proceeds.
There is no general buyer-remorse return right unless the applicable transaction record, a separately published return policy, or nonwaivable law provides one. Subject to applicable law, permitted claims may include counterfeit Property (subject to the limitation for third-party graded Property below), delivery of the wrong item, material factual misdescription, material undisclosed condition issues, transit damage, shortage, or non-delivery.
Third-party graded Property. For Property sold in a holder issued by an independent third-party grading or authentication service, GCA does not accept claims concerning authenticity or grade. The Buyer's recourse is the issuing service's guarantee, if any, and a claim against the Consignor or Seller under that person's warranties. This limitation does not apply to a counterfeit or tampered holder, to a material cataloging error by GCA, or to rights that cannot lawfully be waived.
Authenticity claims administered by GCA. When an authenticity claim is permitted, GCA administers the claim for the Consignor or Seller. If GCA determines under the applicable claim procedure that the Property is not authentic, GCA may rescind the sale and refund the Buyer from sale proceeds GCA still holds or recovers from the Consignor or Seller, together with any Buyer's Premium or fee GCA retained for that sale. GCA is not otherwise obligated to refund from its own funds. GCA may disclose the Consignor's or Seller's identity and contact information to the Buyer as reasonably necessary to pursue a documented claim.
For a third-party marketplace transaction, the Seller remains responsible for the Property's title, authenticity, description, condition, and other Seller obligations. GCA may facilitate communications, preserve evidence, administer payment or return steps, impose platform remedies, or assist with a claim without becoming the Seller or guaranteeing the outcome.
Auction sales are final except for claim rights stated in the applicable auction terms, this Agreement, or nonwaivable law. A change of mind, inability to obtain financing, market-price movement, discovery of a lower price, or disagreement with a fully disclosed grade or visible condition is not a valid claim unless applicable law provides otherwise.
Claims must be submitted through the method and within the deadline stated in the applicable transaction record or then-current claims policy. For Auction Sales, those deadlines are stated in the Bidder Terms and Conditions: seven (7) days after delivery for a GCA misidentification or cataloging error, and thirty (30) days after delivery for an authenticity claim concerning an ungraded item or a counterfeit or tampered holder. Visible shipping damage, tampering, or missing contents must be reported within forty-eight (48) hours after delivery as provided in the Shipping, Insurance & Delivery Policy. For Marketplace Sales, the Buyer Acceptance period in Section 13 applies. If no specific deadline is stated, the User must provide notice within a commercially reasonable time after the User knew or reasonably should have known of the issue. A claimant must preserve the Property, packaging, labels, tracking, images, and other relevant evidence and must not materially alter the Property without authorization when doing so would impair the claim.
A payment dispute, chargeback, bank return, or reversal does not automatically eliminate an underlying payment obligation. Users must cooperate in good faith and provide information reasonably requested by GCA, a payment provider, carrier, insurer, grader, authenticator, or other relevant provider.
Responsibility for a refund, chargeback, unauthorized-payment claim, bank return, processor fee, negative balance, shipping loss, or other transaction loss will be allocated based on the cause of the loss, the User's role, the applicable transaction record, the payment-provider rules, this Agreement, and applicable law. A Seller or Consignor remains responsible for losses caused by or attributable to that person's title, authenticity, description, condition, conduct, breach, or inaccurate information.
GCA may contest payment disputes using account, payment, identity, listing, bid, invoice, shipping, tracking, signature, communications, grading, authentication, and claim records. GCA may hold, reverse, recover, or reallocate amounts as permitted by Section 12 and the applicable payment structure. GCA does not provide general seller protection or a payment guarantee unless a separate seller-protection program was expressly offered and accepted for the transaction.
Buyer payment defaults and invalid reversals. To the maximum extent permitted by law, a Buyer who fails to pay an amount lawfully due or causes a reversal, chargeback, stop-payment, or dispute without a valid basis must reimburse GCA for the unpaid amount and the actual, reasonable third-party costs caused by the default, including processor, bank, returned-payment, chargeback, collection, court, and recoverable attorneys' fees. GCA may also assess a Payment-Reversal Processing Fee equal to three percent (3%) of the amount reversed, disputed, or charged back as a reasonable estimate of GCA's internal processing and administrative costs, not as a penalty. GCA will not recover the same internal cost twice and will not assess the fee if a final determination establishes that the charge was unauthorized or invalid, or GCA accepts the claim because of a breach by GCA or the applicable Seller or Consignor. If the dispute is denied, withdrawn, or resolved in GCA's favor, the unpaid balance and applicable costs and fees remain due.
PART IV - FIXED-PRICE MARKETPLACE TERMS
A marketplace listing may be offered at a stated price and may permit private offers and counteroffers. A marketplace transaction is not an auction and does not use public competitive bidding, a hammer price, or a highest-bidder determination.
The Seller establishes the asking price and listing information, subject to GCA's platform rules. A Buy Now submission or accepted private offer becomes binding when the platform confirms acceptance, subject to any disclosed payment, verification, availability, examination, authentication, shipping, or other transaction condition.
GCA may cancel, pause, or correct a marketplace transaction before completion for fraud, material error, duplicate sale, unavailable Property, title or authenticity concerns, payment risk, legal restriction, or another legitimate reason. If GCA cancels a transaction after collecting the Buyer's funds, GCA will administer an appropriate refund, subject to applicable processor timing and nonrefundable third-party charges where permitted.
A Marketplace Listing may be Seller-retained or may involve Property delivered to GCA before sale for custody, photography, storage, examination, authentication, fulfillment, or other Services. For Property delivered to and accepted by GCA for a Marketplace Listing, GCA's current default minimum exclusive listing term is ninety (90) days beginning when the listing first becomes publicly active, unless the Property is sold, GCA rejects or removes it, or GCA agrees otherwise in writing or electronically. A Marketplace Seller submission, listing, special terms, promotion, account notice, or other accepted transaction-specific record may state a shorter or longer term, different exclusivity, withdrawal rights, return charges, storage charges, or other custody terms, and that record controls the identified Property. For Seller-retained Property, the Seller ordinarily keeps possession until a sale occurs or GCA requests earlier delivery; however, after GCA activates the Marketplace Listing, the Seller may not privately sell, transfer, pledge, withdraw, or separately list the same unique Property without GCA's written or electronic approval.
Except as provided in Section 17 or a separately negotiated exclusive agreement, Seller appoints GCA on a nonexclusive basis to display listings and to provide the platform, payment administration, communications, customer service, fulfillment, custody, examination, authentication coordination, or other Services GCA offers for the transaction. For identified Property delivered to and accepted by GCA, the seller submission may grant GCA exclusive custody, listing, marketing, or fulfillment authority for a disclosed period.
Seller remains the seller of record, retains title until transfer to Buyer, and is the beneficial recipient of the net sale proceeds, unless a transaction record expressly states otherwise. Seller represents that Seller owns the Property or has authority to sell it; title is transferable; the Property is lawful and not stolen or counterfeit; and descriptions, images, grades, condition information, alterations, provenance, and other material facts are accurate and complete.
Seller must honor accepted transactions, maintain required payout onboarding, respond to reasonable requests, preserve the exact listed Property, and comply with applicable tax, payment, shipping, examination, return, and evidence requirements. Unless GCA requires earlier delivery, a Seller-retained Marketplace Seller must tender the Property within three (3) Business Days after GCA gives notice of sale and shipping instructions. The Seller remains responsible for accurate listing information; authorized grading, authentication, photography, inbound and return shipping and insurance, storage, payout fees, and other Seller-allocated expenses; and losses attributable to the Seller's Property, conduct, breach, or inaccurate information. The Seller is not responsible for an ordinary payment fee attributable solely to the Buyer's selected method. GCA may require proof that the Seller still owns and possesses the Property and may suspend or remove a listing if satisfactory verification is not provided.
Unsold or returned Marketplace Property. If Property does not sell, GCA may, with the Seller's approval where required, continue offering it on the Marketplace, revise the asking price or listing terms, move it to another sales method under a separate approved agreement, or return it to the owner. The Seller is responsible for approved return shipping, insurance, storage, grading, authentication, and handling expenses unless GCA agrees otherwise in writing or electronically.
Marketplace grading and authentication. If third-party grading or authentication is selected or otherwise approved, GCA may submit the Property to an independent provider. The third-party provider, not GCA, controls acceptance, evaluation, results, processing time, shipping time, and return timing. Turnaround may take weeks or months, and the Property may not be activated or completed for Marketplace sale until it is returned and ready for the applicable listing or fulfillment process. GCA is not responsible for delay caused by an independent grading/authentication provider or shipping carrier, except to the extent liability cannot lawfully be excluded.
Where applicable, GCA may collect, verify, maintain, certify, disclose, or report Seller identity, bank, tax, contact, business, and other information and may provide consumer reporting mechanisms or suspend sales activity to comply with the INFORM Consumers Act or other marketplace, consumer-protection, tax, payment, or fraud-prevention laws. Seller must timely provide accurate information and may not structure activity to evade applicable legal thresholds or disclosures.
GCA may use a payment processor or other third party designated by GCA to collect or verify information where permitted by law. Information collected for legal compliance will be handled in accordance with GCA's Privacy Policy and applicable law.
PART V - AUCTION BIDDER, BUYER, AND CONSIGNOR TERMS
Auction features are available only when GCA and the persons responsible for conducting the auction have obtained and maintain the licenses, registrations, permits, and governmental authorizations required by applicable law. GCA may suspend or limit auction features until required authority is in place.
The applicable auction page, advertisement, bidder registration, or event record will disclose the auction format, reserve status, Buyer's Premium or other surcharge if any, bidding terms, dates and times, payment methods, shipping terms, applicable licensing information, and other material terms required for that auction. Event-specific terms control a conflict for that auction if they were conspicuously disclosed before the applicable bid.
GCA may establish bid increments, proxy or maximum bidding, staggered or extended closing, bidding limits, deposits, grouping or splitting of lots, opening and closing times, reserves, and other auction procedures consistent with applicable law and the event disclosures. GCA may correct catalog errors, reject or cancel bids, withdraw Property where permitted, or cancel or reopen a sale for fraud, collusion, material error, disputed title, authenticity concerns, platform malfunction, or another legitimate reason consistent with law.
Current auction reserve practice. For purposes of GCA documents, a "Seller Minimum Price" means the approved reserve for the identified Lot. Unless a Lot conspicuously states otherwise before bidding, every GCA auction and Lot is offered WITHOUT RESERVE. GCA generally considers a reserve or minimum bid only for a Lot with a good-faith pre-auction estimated value of at least $2,500, but may approve an exception. Any reserve must be requested by the Consignor, approved by GCA, fixed before bidding, permitted by the accepted consignment record and law, and disclosed before bidding. GCA may reject or modify a requested reserve before bidding; after bidding begins, the Consignor may not add, increase, or change it. GCA may accept a bid below an approved reserve or Seller Minimum Price without further Consignor approval if GCA pays the Consignor the same Net Proceeds the Consignor would have received had the Hammer Price equaled the reserve. The winning bid remains the Hammer Price for the Buyer's obligation, Buyer's Premium, taxes, and transaction records; GCA's additional amount is a make-whole payment, not a bid. Once bidding begins on a Lot offered without reserve, GCA will not withdraw it unless no bid is received within a reasonable time or law otherwise permits or requires withdrawal.
Current auction-duration and extended-bidding default. Unless the applicable auction page or event terms state otherwise, an online auction ordinarily remains open for approximately ten (10) calendar days, and the displayed opening and closing dates and times control. Extended bidding is automatic for each Lot: a valid bid received during the final thirty (30) minutes of the scheduled bidding period extends bidding for that Lot by thirty (30) minutes. Once that initial extension is in effect, each later valid bid received when fifteen (15) minutes or less remain resets the remaining bidding time for that Lot to a full fifteen (15) minutes. This process repeats until fifteen (15) consecutive minutes pass without a valid bid. GCA may use staggered closing or another conspicuously disclosed closing procedure for a particular auction.
GCA, an affiliate, an owner, employee, contractor, auctioneer, or other related person may own, sell, consign, or have a financial interest in Property offered through the platform, subject to applicable law and any required disclosures. Such persons may not bid on Property offered in a GCA auction. No Consignor or owner of a Lot, or person acting on its behalf, may bid on that Lot, whether or not the Lot is offered with reserve. Shill bidding, collusion, bid manipulation, and other improper interference with fair bidding are prohibited.
Activating bidding confirms that the bidder has reviewed this Agreement and the applicable event disclosures. GCA may verify identity, age, authority, address, payment information, account ownership, references, sanctions status, or other information and may establish, increase, reduce, or deny bidding limits or require a deposit or collected funds.
Each bid is a binding offer to purchase. A bidder is responsible for bids submitted through the bidder's account, subject to applicable law and timely notice of suspected unauthorized access. Bid retractions, extensions, reopening, or treatment of bids received near closing will be governed by applicable law, platform capabilities, and the disclosed event terms.
GCA is not responsible for internet delay, device failure, software error, third-party outage, failed transmission, or other technology issue except to the extent caused by liability that cannot lawfully be limited. Bidders are responsible for connectivity and timely bid submission.
Each Auction Lot is a separate sale unless the event terms state otherwise. A sale is complete when the platform or auctioneer uses the disclosed closing method. The winning Buyer must pay the Hammer Price, Buyer's Premium, applicable taxes, shipping, insurance, handling, and other charges allocated to the Buyer under this Agreement or the applicable event terms by the deadline on the invoice or auction page. Unless another deadline is stated, payment is due by 11:59 p.m. Eastern Time on the third (3rd) calendar day after the invoice is issued or made available through the Buyer's account.
Winning bids are final and binding subject to the limited claim rights in this Agreement, the event terms, and nonwaivable law. GCA is not required to release or ship Auction Property or pay the Consignor until the Buyer's payment has been received, collected, cleared, reconciled, and all applicable verification and transaction conditions are satisfied.
If a winning Buyer fails or refuses to pay or otherwise perform, GCA may, but is not required to, exercise any remedy permitted by the event terms or applicable law, including charging an authorized payment method, retaining or applying an authorized deposit, canceling the sale, withholding delivery, suspending or terminating the Buyer's account or bidding privileges, offering the Property to another bidder as provided below, relisting or privately reselling the Property when authorized, returning the Property to the Consignor, referring the matter for collection, and seeking any lawful deficiency, resale costs, collection expenses, or other recoverable losses. GCA is not required to commence litigation, advance collection expenses, or continue collection efforts that GCA reasonably determines are commercially impracticable.
No GCA payment guarantee. GCA is not liable to the Consignor for a Buyer's failure or refusal to pay and does not owe the Hammer Price or sale proceeds from its own funds unless GCA expressly provides a written payment guarantee or advance, or owes a make-whole payment under Section 20. GCA remains responsible for accounting for and remitting amounts actually collected and for handling the Property as required by this Agreement and applicable law.
A prior or second-highest bid is not automatically revived if a winning Buyer defaults. GCA may, if authorized by the Consignor and law, offer the Property to another bidder, relist it, or otherwise dispose of it under the applicable consignment instructions.
Before Property is offered at auction, the owner or authorized agent must accept an electronic or written consignment record that, together with this Agreement, constitutes the written agreement required for the auction. The record will identify the owner and address; the person employing or appointing GCA if different; the Property; and the terms or conditions under which GCA receives or controls the Property for sale and remits sale proceeds. GCA will provide or make available a retainable copy and will keep required records for the period required by law.
Consignor appoints GCA as agent for the auction and, for the disclosed consignment period, authorizes GCA to receive, inspect, possess, photograph, catalog, advertise, market, offer, and sell the Property through GCA's platform or an approved third-party platform. Any exclusivity, reserve, withdrawal right, authorized expense, grading or authentication arrangement, settlement target, or other special term will be stated in the accepted consignment record.
Consignor represents that all identity, authority, ownership, tax, bank, condition, description, provenance, authenticity, grading, certification, lien, and shipment information is complete and accurate; Consignor has good and transferable title; the Property is lawful and not stolen or counterfeit; and all known material alterations, defects, ownership claims, liens, or other material facts have been disclosed.
Subject to accepted reserve instructions and applicable law, GCA controls ordinary auction administration, including cataloging, photography, lotting, auction selection, estimates, bid increments, platforms, advertising, bidder verification, payment methods, collection requirements, and sale procedures. GCA may reject Property or withdraw a lot when permitted by law.
Auction proceeds received by GCA for another person will be handled through a trust or escrow arrangement, ledger, reconciliation, recordkeeping, and settlement process that complies with applicable auction law. When applicable law requires proceeds or expense funds to be deposited into a trust or escrow account within a specified period, GCA will use procedures reasonably designed to meet that requirement.
GCA may account for and transfer its earned Buyer's Premium or other GCA compensation as permitted by the accepted transaction structure and applicable law. The following additional expenses may be charged or deducted when authorized or otherwise properly chargeable to the Consignor: grading, authentication, photography, shipping and insurance, storage, return costs, refunds, chargebacks, taxes, claims, liens, reserves, and other amounts identified in the applicable consignment record or otherwise permitted by law.
After GCA receives collected and cleared Buyer funds, reconciles the transaction, and applies authorized deductions, GCA will account for and pay or return money or Property received for an Auction Consignor within a reasonable time not exceeding thirty (30) days after that money or Property comes under GCA's control through the auction, which for sale proceeds means GCA's receipt of the Buyer's collected and cleared funds, or within another period expressly permitted by applicable law. A legitimate payment, legal, ownership, fraud, tax, chargeback, lien, or similar hold may delay settlement only to the extent permitted by law. Nothing in this Agreement extends a nonwaivable statutory deadline.
Any interest on auction proceeds or expense funds will be handled as required by applicable law and the accepted consignment record. GCA does not obtain ownership of unsold or unclaimed Property merely because time passes and may use applicable notice, storage, lien, return, or unclaimed-property procedures.
PART VI - SPECIAL SERVICES AND TRANSACTION RECORDS
GCA may from time to time offer optional services such as grading or authentication coordination, photography, storage, enhanced shipping, promotional services, consignment advances or early payments, or other transaction-specific services. A consignment advance or early payment is available only for selected Property when GCA separately offers it and the Consignor accepts a written or electronic advance agreement identifying the applicable terms. No advance, guarantee, protection, optional service, or special pricing is promised or available merely because it is described as a service GCA may offer.
Accepted transaction-specific terms may modify a fee, Buyer's Premium, processing charge, reserve status consistent with Section 20, minimum listing period, exclusivity term, auction duration, payment deadline, Buyer Acceptance period, shipping or handling period, marketing plan, grading allocation, shipping allocation, payout or settlement target, authorized expense, custody term, seller protection, or other identified subject. The numerical and timing terms stated elsewhere in this Agreement are current defaults unless the applicable transaction-specific documentation provides otherwise. A blank field or unaccepted proposal does not modify this Agreement.
If GCA documents conflict, the following order controls the specific conflict: (1) accepted special terms or Electronic Confirmations for the identified Property or transaction, including a separately negotiated exclusive right-to-sell agreement; (2) the applicable Auction-Specific Terms, including any Shipping Info section, or the Marketplace listing and checkout terms; (3) the Auction Consignment Agreement or Marketplace Listing Agreement, as to Consignors and Sellers, and the Bidder Terms and Conditions, as to bidders and Buyers; (4) the Shipping, Insurance & Delivery Policy; and (5) this Agreement. A higher-priority document controls only the subject of the conflict. The Privacy Policy is a privacy notice and does not override commercial terms. FAQs, marketing pages, blog posts, and other informational content are summaries only and do not modify any of these documents.
State-specific and transaction-specific warranties, certificates, and notices. Where applicable law requires GCA or another transaction participant to provide a particular warranty, certificate of authenticity, disclosure, notice, cancellation right, or other nonwaivable protection for certain Property or transactions, the required term may be provided through the applicable listing, auction page, checkout, invoice, certificate, or other transaction record. Any legally required term controls over an inconsistent disclaimer or limitation in this Agreement to the extent required by law.
Discretionary waivers. Unless prohibited by law or accepted transaction terms, GCA may waive, reduce, subsidize, absorb, credit, or refrain from imposing a fee, cost, minimum, deadline, or operational requirement for a particular transaction. A concession applies only to the identified matter and does not amend this Agreement, create a course of dealing, require equal treatment in another transaction, or waive a later breach.
PART VII - RISK ALLOCATION, ENFORCEMENT, AND MISCELLANEOUS
EXCEPT FOR EXPRESS OBLIGATIONS IN THIS AGREEMENT AND RIGHTS THAT CANNOT LAWFULLY BE DISCLAIMED, THE SERVICES, LISTINGS, MARKET DATA, AUTOMATED OUTPUTS, TRANSLATIONS, EXAMINATIONS, AUTHENTICATION OR GRADING OPINIONS, AND PROPERTY INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE." GCA DOES NOT GUARANTEE UNINTERRUPTED OPERATION, DATA OR LISTING ACCURACY, PAYMENT AUTHORIZATION OR FINALITY, CHARGEBACK PROTECTION, RETURN OR RECOVERY OF PROPERTY, A PARTICULAR SALE PRICE, FUTURE VALUE, LIQUIDITY, GRADING OR AUTHENTICATION OUTCOME, INSURANCE RECOVERY, AUTOMATED-TOOL OUTPUT, OR USER PERFORMANCE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GCA DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT THAT A THIRD-PARTY SELLER'S OR CONSIGNOR'S EXPRESS TITLE, AUTHENTICITY, AND DISCLOSURE OBLIGATIONS REMAIN AS STATED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR DIRECT PHYSICAL LOSS OF OR DAMAGE TO PROPERTY ADDRESSED BELOW, GCA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A TRANSACTION WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE FEES, PREMIUMS, COMMISSIONS, AND OTHER COMPENSATION ACTUALLY AND FINALLY RETAINED BY GCA FOR THAT TRANSACTION. PURCHASE PRICE, HAMMER PRICE, TAXES, TRUST OR ESCROW FUNDS, PASS-THROUGH EXPENSES, AND AMOUNTS HELD FOR OR REMITTED TO ANOTHER PERSON ARE NOT GCA COMPENSATION.
GCA’S LIABILITY FOR DIRECT PHYSICAL LOSS OF OR DAMAGE TO PROPERTY WHILE IN GCA’S CUSTODY WILL NOT EXCEED THE LESSER OF (A) THE ACCEPTED DECLARED VALUE OR AGREED CONSIGNMENT VALUE, AS APPLICABLE, AND (B) THE PROPERTY’S DIRECT MARKET VALUE IMMEDIATELY BEFORE THE LOSS. AVAILABLE INSURANCE RECOVERY WILL BE APPLIED FIRST AND CREDITED AGAINST GCA’S LIABILITY.
TO THE EXTENT INSURANCE DOES NOT COVER A DIRECT CUSTODY LOSS FOR WHICH GCA IS LEGALLY RESPONSIBLE, GCA’S LIABILITY FOR THE UNINSURED PORTION WILL NOT EXCEED FIVE THOUSAND DOLLARS ($5,000) FOR ANY ONE ITEM OR FIFTEEN THOUSAND DOLLARS ($15,000) IN THE AGGREGATE FOR ALL PROPERTY AFFECTED BY THE SAME OR RELATED OCCURRENCE. IF CLAIMS EXCEED THE AGGREGATE LIMIT, THE LIMIT WILL BE ALLOCATED AMONG THE AFFECTED OWNERS IN PROPORTION TO THEIR OTHERWISE RECOVERABLE DIRECT LOSSES.
THE UNINSURED-LOSS LIMITS WILL NOT APPLY TO THE EXTENT COVERAGE WAS UNAVAILABLE SOLELY BECAUSE GCA FAILED TO MAINTAIN INSURANCE REQUIRED BY THE ACCEPTED TRANSACTION TERMS OR, AFTER PHYSICALLY RECEIVING THE PROPERTY, FAILED TO COMPLY WITH AN APPLICABLE POLICY CONDITION.
GCA WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS OR OPPORTUNITY; MARKET-VALUE CHANGE; LOSS OF DATA; OR LOSS OF USE.
THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO FRAUD OR WILLFUL MISCONDUCT BY A GCA MANAGING MEMBER OR OFFICER, GROSS NEGLIGENCE WHERE IT CANNOT LAWFULLY BE LIMITED, OR OTHER LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR DISCLAIMED
To the extent permitted by law, you will indemnify, defend, and hold GCA, its members, managers, officers, employees, contractors, auctioneers, and service providers harmless from third-party claims and losses arising from your Property, listing, content, title, authenticity, condition, tax, shipping, payment, account use, prohibited conduct, violation of law, or breach of this Agreement, except to the extent caused by the indemnified party's gross negligence or willful misconduct.
GCA may remove content, limit transactions, hold amounts as otherwise permitted, suspend or terminate an account, or refuse future service for breach, fraud or security risk, payment default, noncompliance, legal process, insurer or processor requirement, or other legitimate reason. Termination does not affect accrued payment, payout, claim, repayment, lien, indemnity, dispute, recordkeeping, tax, or enforcement rights.
GCA may close an unconfirmed or materially inactive account after reasonable notice when practicable. Account closure remains subject to completing open transactions and lawfully handling Property, funds, tax records, claims, and required retention. Closure does not require deletion of archival auction results or records GCA must or may lawfully retain.
Before arbitration, a party must send a written dispute notice and allow thirty (30) days for informal resolution. Except for an individual claim eligible for small claims court, a request for temporary injunctive relief, or a matter that cannot lawfully be arbitrated, disputes arising from the Services, this Agreement, Property, a listing, purchase, bid, sale, consignment, payment, or claim will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA). Consumer disputes will use the AAA Consumer Arbitration Rules; other disputes will use the applicable AAA Commercial Arbitration Rules. Hearings will occur remotely or in Orange County, Florida, unless the applicable rules or law require otherwise.
THE PARTIES KNOWINGLY WAIVE A JURY TRIAL. CLAIMS MAY BE BROUGHT ONLY INDIVIDUALLY AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION TO THE EXTENT PERMITTED BY LAW.
A User may opt out of arbitration by sending a signed notice to support@globalcardauctions.com within thirty (30) days after first accepting this Agreement. The notice must identify the User and account and clearly state the election to opt out. Opting out of arbitration does not affect the remaining provisions of this Agreement.
Florida law governs this Agreement without regard to conflict-of-law rules, except that the Federal Arbitration Act governs arbitration. Court proceedings not subject to arbitration will be brought in state or federal courts located in Orange County, Florida, and the parties consent to jurisdiction and venue there. Nothing in this Agreement deprives a consumer of mandatory protections that cannot lawfully be waived under otherwise applicable law.
GCA may update this Agreement prospectively. Material changes will be presented for acceptance or notified as required by law. The version accepted for a completed transaction ordinarily governs that transaction. Continued use after an update constitutes acceptance only when legally sufficient, and GCA may require renewed clickwrap acceptance for material changes affecting transaction rights.
Events beyond GCA's reasonable control. Except for payment obligations already due and duties that cannot lawfully be excused or delayed, GCA will not be responsible for delay or failure in performance caused by events beyond its reasonable control, including hurricanes or other natural disasters, fire, flood, severe weather, war, terrorism, civil disturbance, government action, carrier interruption, utility or telecommunications failure, Internet or platform outage, banking or payment-network interruption, cyber incident not caused by GCA's gross negligence or willful misconduct, or failure of a material third-party service provider. To the extent permitted by law and the applicable transaction terms, GCA may suspend, delay, extend, reschedule, or cancel affected Services, auction activity, shipping, or other performance as reasonably necessary. This provision does not excuse GCA from auction trust-account, recordkeeping, refund, or other statutory obligations that cannot lawfully be waived.
This Agreement and incorporated transaction records are the entire agreement regarding the Services covered by them. Assignment by a User requires GCA's consent; GCA may assign this Agreement in connection with a merger, financing, sale, reorganization, or transfer of the applicable business. Invalid terms will be severed or reformed to the minimum extent necessary. Failure to enforce a provision is not a waiver. Headings are for convenience. Electronic counterparts and records are effective.
General contact, legal notices, arbitration opt-outs, and privacy inquiries
Global Card Auctions, LLC
12472 Lake Underhill Rd. #408
Orlando, FL 32828
support@globalcardauctions.com
DMCA / Copyright Agent
Copyright Agent, Global Card Auctions, LLC
11033 Summerspring Lakes Dr.
Orlando, FL 32825
(954) 519-5593
support@globalcardauctions.com
DMCA Reg. No. DMCA-1076436
An Auction for Niche Card Collectors.
Florida Auction License AB4273