Chapter 3: Mid Fall Sports and Memorabilia

These Terms and Conditions (?Terms?) govern all auctions, private sales, and related services provided by Fabyle LLC, doing business as Fabyle (?Fabyle,? ?we,? ?us,? or ?our?), located in Brooklyn, New York. We specialize in the auction and sale of collectibles, including but not limited to sports cards, Trading Card Games (e.g., Pok?mon, Magic: The Gathering), comic books, game-used memorabilia, autographs, and pop-culture artifacts.
By registering for an auction, submitting a bid, or purchasing any item through Fabyle, you (the ?Buyer? or ?Bidder?) agree to be bound by these Terms.

1. General Provisions
? Agent for the Seller: Unless explicitly stated otherwise, Fabyle acts as an agent for the consignor (the ?Seller?) of the collectible. The contract of sale is made directly between the Buyer and the Seller.

2. Bidding Mechanics and Extended Bidding
? Bidding as a Binding Contract: Placing a bid constitutes a legally binding offer to purchase the lot at the bid price, plus the Buyer?s Premium, applicable taxes, and shipping/insurance costs. Bids cannot be retracted once submitted.
? Reserves: Certain high-value lots may be offered subject to a reserve (the confidential minimum price below which the lot will not be sold). Fabyle may bid on behalf of the Seller up to the reserve amount.

3. Buyer's Premium and Taxes
? Buyer?s Premium: A Buyer?s Premium will be added to the hammer price (winning bid) of each lot. Our Buyer's Premium is tiered based on the final hammer price: 15% for items under $1,000; 10% for items between $1,001 and $10,000; and 5% for items $10,001 and above.
? Taxes: All purchases are subject to applicable state and local sales taxes. Items shipped to or picked up in New York City are subject to the NY State and NYC combined sales tax rate of 8.875%. Taxes are calculated based on the delivery address. Bidders are responsible for any applicable customs or duties for international shipments.

4. Payment and Transfer of Title
? Invoicing: Invoices are transmitted electronically within 48 hours of the auction?s close.
? Payment Deadline: Full payment is due within seven (7) calendar days of the invoice date.
? Accepted Payment Methods: We accept wire transfers, ACH, and major credit cards. Credit card payments are subject to a 3% processing fee and are capped at a maximum of $5000 per invoice. Invoices exceeding this amount must be paid via wire transfer or ACH.
? Non-Payment: If a Buyer fails to pay, Fabyle reserves the right to cancel the sale, resell the collectible, charge a late fee of 2% per week, and permanently ban the Buyer from future Fabyle auctions.

5. Condition, Grading, and Authenticity (Collectibles Specific)
? Third-Party Graded (Encapsulated) Items: For items graded and encapsulated by third-party authentication services (e.g., PSA, BGS, CGC, SGC, JSA), Fabyle does not guarantee the grade assigned. Differences in opinion between grading companies or individual evaluators do not constitute grounds for a return.
? Holder Condition: Encapsulated "slabs" or holders may occasionally exhibit minor scratching, scuffing, or chipping. These holder flaws do not warrant a return or a discount. Fabyle will only note severe damage (e.g., a cracked case) in the lot description.
? "Raw" (Ungraded) Condition: All raw cards, comics, and memorabilia are sold "AS IS." Any condition grades stated by Fabyle for raw items are strictly opinions. Fabyle makes no guarantee that a raw item will achieve a specific grade if subsequently submitted to a third-party grading company. Returns will not be accepted because a raw item received a lower-than-expected grade.
? Autographs and Memorabilia: Memorabilia and autographs are typically accompanied by a Letter of Authenticity (LOA) or Certificate of Authenticity (COA) from a recognized third-party authenticator (e.g., PSA/DNA, JSA, Beckett, MeiGray). If an item is sold without an LOA/COA, and the Buyer provides written proof from a mutually agreed-upon authenticator within [e.g., 30 days] that the item is not authentic, Fabyle will rescind the sale and refund the purchase price.

6. Shipping and Insurance
? Shipping Arrangement: Fabyle expertly packages all collectibles in-house or via secure third-party carriers (e.g., FedEx, USPS Registered Mail). Shipping, handling, and mandatory transit insurance costs are billed to the Buyer.
? High-Value Transport: Lots exceeding $50,000 in value may require specialized armored transport or restricted delivery methods.
? Risk of Loss: Risk of loss passes to the Buyer upon delivery to the shipping address on file.
? Unclaimed Items: Items paid for but left at Fabyle?s facility without valid shipping instructions for more than 30 days are subject to secure storage fees of $10 per lot per week.

7. Governing Law and Dispute Resolution
? Governing Law: These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles.
? Jurisdiction: Any legal action arising out of these Terms shall be instituted exclusively in the state or federal courts located in Kings County (Brooklyn), New York.
? Limitation of Liability: Fabyle?s liability to a Buyer shall strictly not exceed the actual purchase price paid (hammer price plus Buyer?s Premium) for the collectible in question.