BST Sportcards - Terms of use

Updated: April 13, 2023

Please read these Terms of Use ("Terms") and our Privacy Policy ("Privacy Policy") carefully. They oversee your use of our website located at www.BSTsportcards.com. ("Site") Also the online marketplace for sports cards and related services accessible via the Site by BSTsportcards LLC. ("BST Sportcards"). To make our Terms easier for everyone we will refer to our Site and Services as "Services".

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BST SPORTCARDS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION

Agreement to Terms: By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, please do not use our Services.

Changes to these Terms or Services: We may update the Terms in the future at our sole discretion. If we do, we will send out communications and posting said updated Terms on the Site. If you continue to use the Services after the Terms have been updated, it means you have read, accepted, and agree on the changes.

Services: BSTsportcards LLC offers an online marketplace through which collectors, investors, and other hobby enthusiasts interested in sports cards, memorabilia, or box breaks can buy and sell these items. For purposes of these Terms, a “Registered User” is an individual who has created an account and registered to use the Services, a “Seller” is a Registered User who is selling a Card, and a “Buyer” is a Registered User who is buying a Card. BST Sportcards LLC does not own or sell cards. The actual contract for sale is directly between the buyer and seller. BST Sportcards is not the auctioneer. Any guidance we provide as part of our Services, like Return-on-Investment tool, shipping, and listings is solely informational and you may decide to follow it or not do so. BST Sportcards may help facilitate the resolution of disputes, BST Sportcards has no control over and does not guarantee the existence, quality, safety, or legality of items posted or sold. BST Sportcards does not guarantee the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will complete a transaction or return an item.

You May Not:

Post, list, or upload content or items that are deemed inappropriate on our site.
Breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status.
Use our services if you are not able to form legally binding contracts (i.e., under 18 years of age), or you are temporarily or indefinitely suspended from using our site and services.
Failure to pay for items purchased by yourself within 72 hours.
Failure to deliver items sold by you, unless you have a valid reason, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer.
Manipulate the price of any item or interfere with any other user's listings ex: shill bidding.
Posting false, inaccurate, misleading, deceptive, defamatory, or libelous content
Transferring your BSTsportcards account (including feedback) to another member or user without our consent
Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
Distribute viruses or any other technologies that may harm BSTsportcards or the interests or property of users.
Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of BST Sportcards.
Interfere with the working of our Services or impose an unreasonable or disproportionately large load on our infrastructure.
Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to BST Sportcards. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to BST Sportcards or someone else.
Commercialize any BSTsportcards application or any information or software associated with such application, except with the prior express permission of BST Sportcards.
Harvest or otherwise collect information about users without their consent.
Circumvent any technical measures put forth to provide BSTsportcards services.

If we at BST Sportcards believe you are abusing our platform and/or our services in any way, we may, in our sole discretion and without limited other remedies, limit, suspend, or terminate your membership. We may cancel either unconfirmed accounts or accounts that have been inactive for a long period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our services and platform to anyone for any reason at our discretion.

Policy Enforcement: When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement to do the right thing for both buyers and sellers.

Listing Conditions: Listing an item on BST Sportcards, you agree to comply with BSTsportcards Listing and Selling policy which includes:

You are responsible for the accuracy and content of the listing and item offered.
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). BST Sportcards cannot guarantee exact listing durations.
Your Fixed price / Best offer listings will not renew automatically after duration.
Content that violates any of BSTsportcards' policies may be modified, confiscated or deleted at our discretion.
Metatags and URL links that are included in a listing may be removed or altered to not affect third-party search engine results.

Purchase Conditions: When buying an item on BST Sportcards, you agree to comply with BSTsportcards buying policy which includes:

You are responsible for reading the full item listing before making a bid or commitment to buy.
You enter a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted)
We do not transfer legal ownership of items from the seller to the buyer.
Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

Seller Fee and charges Authorization:

BSTsportcards.com - Seller Fees.Our marketplace doesn't not charge the seller fees on final price of item(s) sold.
Payment processing fees - You agree that our payment processing partners will charge the following fees for facilitating payment from buyer to seller
Stripe processing fees - 2.9% + $0.30 per transaction
PayPal processing fees - 3.49% + $0.49 per transaction

Rules and policies for buyers:

Do not request something that is not offered in the original listing.
Requesting an item be shipped in a means different than the listing.
Requesting an item be shipped to a different address than was confirmed for checkout.
Requesting to use a different payment not offered during checkout.
Requesting a partial refund.
Requesting a discount on the item.
Do not make up claims against a seller.
Do not abuse returns.
Do not abuse bidding or messaging other members.
You cannot use a membership if it contains false contact information.
You must pay for any item you commit to buying.
You cannot bid on your own items.
You can only retract bids if the wrong amount was entered, for example, you mean to bid $10 but put $100. You can only retract a bid for 30 minutes after a bid is placed. Also, no bids can be retracted if the auction is in the last hour.

Rules and policies for sellers:

Sellers must include location of listing.
Sellers must charge reasonable shipping costs that are provided in the item listing.
Sellers must provide tracking through USPS, UPS, or FEDEX. Shipping in a plain white envelope is prohibited.
Sellers must provide an accurate item description including condition of item and/or flaws.
Sellers must include photos of the exact item selling.
Sellers will not participate in shill bidding.
Be professional throughout the transaction.

Feedback policies:

Both buyers and sellers can receive feedback on their account.
If you received negative feedback, you can submit it for review.
Feedback cannot be changed once left unless it violates our policy so please verify feedback before leaving.
Leaving feedback is important but it is not mandatory.

Return policies:

Buyers can initiate a return via Dashboard > Buying > Items won, for the following reasons:

Item was not received.
Item received was different than what was listed.
Item was damaged.
When a return is submitted BSTsportcards will receive a notification for the review process, a decision will be made in 48 hours.
Returns are not allowed after 5 days of tracking shown as delivered.
Due to the volatile market with sports cards, we feel this is sufficient time to generate a return for a legitimate reason.

Links to Third Party Websites or Resources: The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

Termination: The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

Indemnity: You will indemnify and hold BST Sportcards LLC and its officers, directors, employees, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

General Terms:

(a) Reservation of Rights. BST Sportcards LLC and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between BST Sportcards LLC and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between BST Sportcards LLC and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without BST Sportcards LLC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. BST Sportcards LLC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

(c) Notices. Any notices or other communications provided by BST Sportcards LLC under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d) Waiver of Rights. BST Sportcards LLC’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BST Sportcards LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information: If you have any questions about these Terms or the Services, please contact BST Sportcards LLC at [email protected].

Terms & Conditions