GENERAL
The conditions set out below shall apply to all sales and deliveries made by Notable Numismatics, LLC (the “Company”) and any deposits of goods with the Company to the exclusion of all other terms and conditions.
These Terms and Conditions govern business transactions with Notable Numismatics, LLC. By conducting any business with Notable Numismatics, LLC, you are agreeing to these Terms and Conditions, and that they apply to any transaction you have had, or may in the future have, with Notable Numismatics, LLC. Notable Numismatics, LLC may change these Terms and Conditions, and will notify customers of these changes by email and/or on the Notable Numismatics website. You understand and agree that these Terms and Conditions, as revised, apply to you and your dealings with Notable Numismatics, LLC whether or not you have read them, and that they contain important limitations on your rights and remedies in the event of a dispute between you and Notable Numismatics, LLC.
1. Payment in Full: Title does not pass until payment has been received in full by Notable Numismatics, LLC and we LLC reserve the right to require payment in full prior to delivering merchandise. You have no power to sell, pledge, hypothecate, or otherwise dispose of this merchandise until paid in full. A finance charge of 1% per month (12.7% annually) will be applied to any balance remaining unpaid thirty (30) days after the date of sale. Notable Numismatics, LLC has the right to offset any sums due to Notable Numismatics, LLC, and to make such offset from any past, current, or future consignment, or purchases that are in the possession or control of Notable Numismatics, LLC; or from any sums due to you by Notable Numismatics, LLC. You grant Notable Numismatics, LLC all the rights of a secured creditor under the Uniform Commercial Code against the purchased merchandise or any other property of yours in the possession of Notable Numismatics, LLC and the right to file a UCC-1 financing statement against such property and its proceeds, to secure all indebtedness due to Notable Numismatics, LLC until the indebtedness is paid in full.
2. Payment Methods: All prices are in U.S. currency unless otherwise stated. Orders may be paid by U.S. personal or certified check, credit card, PayPal or wire transfer. Checks must be written on a United States bank. We accept most major credit cards. Overseas currency rate quotes are provided as a courtesy, and are good for two (2) business days prior to payment. Rate quotes will be recalculated and provided after 2-days have expired should payment arrangements be made later than 2-days or in the case of installment payments made on layaway invoices. We reserve the right to require payment by wire or check from new overseas customers. All payments are subject to a clearing period. There is a $20 fee for payment by wire and purchaser must cover any bank wiring fees from the remitting bank. We reserve the right to offer different prices for purchases via PayPal or credit cards on discounted or negotiated orders (sold at prices lower than our published retail prices). The fee for PayPal is 3% for domestic orders and 4.5% for non-domestic orders; the fee for credit cards is 3%. All prices are in U.S. currency. U.S. residents may pay with PayPal (credit cards and fund transfers) and also credit cards outside of PayPal. Credit cards, debit cards, (MasterCard, VISA) are also accepted. Billing and shipping addresses MUST match for us to process your order.
We are happy to offer a 60 day no interest layaway plan. The minimum order amount is $600, with a 1/3 down payment of the total balance due. The balance is to be paid out over the next 60 days. If additional time or a smaller down payment is needed, we will consider those on a case by case basis.
NOTE: There is a 10% restocking fee on all returned or canceled layaways.
3. Grading: Grading is an art and not a science. The condition, grade or description assigned by Notable Numismatics, LLC to any numismatic item sold is not a warranty of any kind. Grading is by reputable third party firms – any warranties/guarantees are those provided by said firms only. All coins are guaranteed genuine for life, provided, however, that any authenticity claims against Notable Numismatics, LLC with respect to certified coins must be made while retaining the coin in its certification service holder. Certification does not guarantee protection against the normal risks associated with potentially volatile markets. You hereby assume all risks concerning and related to the grading, quality, description, condition and provenance of all merchandise.
4. Risks of Buying Rare Coins for Investme: Notable Numismatics, LLC does not sell numismatic items as investments, but rather as collectibles, and expresses no opinion regarding the propriety of any numismatic item as an investment generally or for any customer in particular. The market for collectible coins, metals, and numismatics is highly speculative and involves substantial risk. These risks include, but are not limited to, price volatility, fluctuations in supply and demand, changing grading standards, exchange rate fluctuations, and increased populations of particular numismatic items. It is impossible to forecast accurately whether or to what extent these factors (or other factors) will affect market prices now or in the future.
5. Return Policy: Items purchased on the internet, by telephone or in any manner that has not been inspected by you or your agent in person are eligible for a refund for any reason with no questions asked, provided that such items are shipped back to Notable Numismatics, LLC within fourteen (14) business days of receipt and as provided below. For properly returned items, we will refund the full purchase price of the item, but no refunds shall apply to any shipping, handling, insurance or other fees connected with the original shipment. In no event shall Notable Numismatics, LLC’s liability to you for any reason whatsoever exceed refund or replacement of the item in question, and Notable Numismatics, LLC disclaims any indirect, special, incidental, or consequential losses or damages arising in any manner from any transaction between you and Notable Numismatics, LLC. Refunds will not be processed until the coin in question is received in its original condition.
We do not insure the shipping on returned items and you are responsible to fully insure any items you return to us. After the fourteen (14) business day period, no items may be returned for any reason, except for authenticity. Certified or encapsulated “slabbed” coins may only be returned to us in their original holders. If the certified or “slabbed” coins have been removed from their original holder the return privilege is void and no refund will be given. There is no return privilege for items purchased and/or inspected in person, even if the purchased items are mailed to you after an in-person purchase or inspection, except in questions of authenticity. Proof of purchase shall be required for a refund.
Refunds shall be issued using the same method of payment that was used to purchase the item(s), however we reserve the right to refund any foreign currency payments in U.S. Dollars. Overseas currency quotations are provided as a courtesy and may only be refunded in U.S. Dollars. In some cases, a credit may also be permitted for a return, the value of which may be applied to a future purchase. Please note that special terms apply for layaway invoices. Items purchased on layaway shall only be removed from inventory upon receipt of the first installment payment. Returns are not permitted on layaway orders and refunds will not be issued for these orders. Cancellation of an order placed on layaway is not permitted without approval by Notable Numismatics, LLC.
6. Sales Tax: Notable Numismatics, LLC is based in the State of New York and is required by New York law to collect sales tax on all items delivered within the State of New York. You will be responsible for paying all applicable taxes for items sold or shipped to you outside of the State of New York. On any tax not paid by you that should have been paid, even if not collected by Notable Numismatics, LLC by mistake, error, negligence or gross negligence, you remain liable for and agree to promptly pay the same on demand together with any interest or penalty that may be assessed.
Notable Numismatics, LLC is not required to collect sales tax if the purchaser is buying for resale and has provided Notable Numismatics, LLC with verifiable reseller credentials and a current signed resale form. Please contact Notable Numismatics, LLC with any specific inquiries or to provide your sales tax resale certificate and appropriate signed State forms.
7. Risk of Loss: Notable Numismatics, LLC will bear any risk of loss on all overseas and domestic outbound shipments, until the shipping carrier’s confirmation of delivery to the address of record in your file or delivery by Notable Numismatics, LLC to your designated third-party shipper. Notable Numismatics, LLC does not bear risk of loss on any shipments to Notable Numismatics including, but not limited to, offers of coins on approval or returns of coins purchased from Notable Numismatics, LLC.
8. Disclaimer and Warranties: No implied warranty of merchantability or fitness for a particular purpose is made or implied on any item. No warranty, whether express or implied, is made with respect to any item except for warranty of title, and in the case of title, Notable Numismatics, LLC is selling only that right or title to the item that you may have as of the sale date. All items are sold “AS IS” and with all faults. You hereby assume all risks concerning and related to the grading, quality, description, condition and provenance of an item. All oral and written statements made by Notable Numismatics, LLC and its employees are statements of opinion only, and are not warranties or representations of any kind.
9. Legalese: All terms of this contract are binding regardless of terms that may have been applied in prior transactions. You agree to pay all costs, including attorney’s fees and expenses and court costs, incurred by Notable Numismatics, LLC or its affiliates or assignees in enforcing any part of this contract, including but not limited to obtaining payment for any transaction. Notable Numismatics, LLC’ sole liability for any claim shall be no greater than the purchase price of the merchandise referenced in the claim after such merchandise is returned to Notable Numismatics, LLC and shall not include consequential or punitive damages. Notable Numismatics, LLC reserves the right to assign its interest to any third party. To the extent that any purchaser consists of more than one person or entity, each such person or entity is jointly and severally liable for all obligations of the purchaser, regardless of the title or capacity of such person or entity. You, your heirs, agents, successors and assignees, generally and specifically waive and release, and forever discharge Notable Numismatics, LLC, and its respective affiliates, parents, shareholders, agents, subsidiaries, employees, members of their respective boards of directors, and their respective successors and assignees from any and all claims, rights, demands and causes of actions and suits, of whatever kind or nature, including but not limited to claims based upon Notable Numismatics, LLC’ negligence, whether in law or equity, whether known or unknown, suspected or unsuspected (a “Claim”), which you may assert with respect to and/or arising out of, or in connection with any challenge to the title to or authenticity of any goods purchased or the sale itself, except where such Claim is otherwise expressly authorized in these Terms and Conditions.
The parties agree that any and all disputes, claims or other proceedings arising in any way from transactions between the parties, at any time, shall be submitted to binding arbitration in Brooklyn, New York USA under the commercial arbitration rules of the American Arbitration Association, and that THE PARTIES WAIVE, TO THE EXTENT ALLOWED BY LAW, ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO SUCH DISPUTES, CLAIMS OR OTHER PROCEEDINGS. New York law shall govern without regard to choice of law principles. The parties further agree that any proceeding hereunder will be conducted solely on an individual basis. Customer will not seek to have any dispute heard as a class action, private attorney general action, or as any other type of proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Arbitration proceedings shall be confidential to the extent permitted by law. The prevailing party shall be entitled to an award of its attorney’s fees and costs for the arbitration. The award in any such arbitration may be confirmed in any court of competent jurisdiction.
10. Amendment: Any alteration to these Terms and Conditions shall only be effective if in writing and signed by an officer of Notable Numismatics, LLC authorized to do so. Notable Numismatics, LLC reserves the right to vary or alter these Terms and Conditions, either generally or with respect to specific persons or circumstances, in its sole discretion.