ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms") apply to all websites, apps, and online services (collectively, the “Services”) operated by The Hobby Cartel Company, LLC. ("Hobby Cartel") where the Terms are posted. Hobby Cartel ("we," "us," "our") provides the Services to you subject to your acceptance of these Terms and our online Privacy Policy, which is incorporated herein by reference. We may update the Terms by posting a new version online, and your continued use of the Services after any such update constitutes your binding acceptance of such changes. Please read these Terms carefully. If you do not agree with these Terms, you should not use the Services.

DESCRIPTION OF SERVICES

Hobby Cartel offers a wide variety of content that pertains to sports, entertainment, collectibles, candy products, games, contests, and other forms of consumer entertainment and information. Some of these Services contain important information about Hobby Cartel candy products, allow users to play games related to Hobby Cartel products, or provide a store where users can purchase Hobby Cartel products through the Internet. Other Services have functionality that allow users to upload user-generated content, keep track of virtual cards or collectibles in user-controlled portfolios, enter virtual worlds, build virtual characters, or download Hobby Cartel related content, such as screensavers or graphics.

 

When using Hobby Cartel owned or operated Services, you shall be subject to any posted guidelines or rules applicable to such Services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Hobby Cartel Online Store Policy) are hereby incorporated by reference into these Terms. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms. These Services are solely for your personal, noncommercial use.

REGISTRATION OBLIGATIONS

Some Services require registration, while others do not. Still others require registration before accessing certain areas or functionality ("Restricted Areas"). When you do register with us, you agree to provide accurate, current and complete information about yourself as prompted (such information being the "Registration Data") and to maintain and promptly update the Registration Data to keep it accurate, current and complete.

 

If you provide any information that is inaccurate, not current or incomplete, or if Hobby Cartel has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Hobby Cartel may terminate your access to areas requiring registration and any account(s) you have registered, at its sole discretion.

ACCOUNT SECURITY

When registering for any of the Services, you may be required to select a Username and Password that will be used to access your account. You are responsible for maintaining the confidentiality of your Password and are fully responsible for any use of your Password, whether by you or others. You agree to (a) keep your Password confidential and not share it with anyone else; (b) immediately notify Hobby Cartel of any unauthorized use of your Password or account or any other breach of security; and (c) use only your Password to access any Restricted Areas on the Sites. Hobby Cartel cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

 

You acknowledge and agree that Hobby Cartel is authorized to act on instructions received through use of your Password, and that Hobby Cartel may, but is not obligated to, deny access or block any transaction made through use of your Password without prior notice if we believe your Password is being used by someone other than you, or for any other reason.

TERMS & CONDITIONS

TERMINATION

You agree that Hobby Cartel may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Services or Restricted Areas or both. Grounds for such termination shall include, but not be limited to, (a) any breach or violation of these Terms or other Hobby Cartel agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) your failure to pay account registration or renewal fees when prompted, and (g) extended periods of inactivity. Termination of your account(s) may include (i) removal of access to all offerings within the Restricted Areas, (ii) at Hobby Cartel’ sole discretion, the deletion of all of your account information on the Services, User Materials, and other content associated with your account(s) on the Services (or any part thereof), and (iii) barring your further use of the Restricted Areas.

ADVERTISERS AND OTHER USERS

Your correspondence or business dealings with, or participation in promotions of, advertisers, buyers, sellers, or agents found on or through the Services, including payment for and delivery of related goods, services, or real property, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Hobby Cartel shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Sites.

LINKS

The Services may provide links to other sites or resources. Because Hobby Cartel has no control over such sites and resources, you acknowledge and agree that Hobby Cartel is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Hobby Cartel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

OUR PROPRIETARY RIGHTS

All title, ownership and intellectual property rights in and to the data, information, materials, trademarks, service marks, software, photos, videos, images, and other content (collectively, the “Content”) made available through the Services are owned by Hobby Cartel or its licensors. Unless noted otherwise, you should assume that all Content made available through the Services are protected by copyright, trademark and other applicable intellectual property law and may not be used except as permitted in these Terms. You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Hobby Cartel, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content and Services, in whole or in part.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOBBY CARTEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. HOBBY CARTEL ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.

  • ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.

  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOBBY CARTEL OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION ON LIABILITY

YOU UNDERSTAND AND AGREE THAT HOBBY CARTEL SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOBBY CARTEL HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NO 3RD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.

PRODUCT PURCHASING

Some services provide a store where users can purchase Hobby Cartel products. 

 

You acknowledge and agree that any purchase you make or attempt to make through the Services is subject to the Terms, including the terms described in these terms and conditions. 

 

The Terms posted at the time of your purchase or attempted purchase will govern such purchase or attempt.

Eligibility to Order. To place an order through the Services, you must be of legal age in your country or state of residence.  Hobby Cartel may require you to have a registered account on Hobby Cartel.com and be logged into your account at the time of purchase to purchase products through the Services. You will need a valid email account to place an order.

Acceptance of Orders.  When you submit an order, we will send you an email acknowledging receipt of your order.  Our acceptance of the order takes place when the products are shipped to you—we will send you an email confirming that the products have been shipped.  An order is not accepted until the products have shipped.  If we are unable to supply you with a product you have ordered, we will inform you of this in writing and will not process the order.

Our Right to Reject an Order.  Fulfillment of all orders through the Services is subject to availability.  We expressly reserve the right to not accept your order for any reason in our sole discretion.  By using the Services, you agree that we are not liable for any damages or costs other than repayment of any amount received from you in connection with an order we do not accept.  We may not accept an order for reasons including, but not limited to, the following:

  • the product is not available/in stock;

  • your billing information is not correct or not verifiable;

  • your order is flagged by our security review as suspicious or susceptible to fraud;

  • there was an error in the price or other information displayed for the products;

  • we believe that you or any third party have used or attempted to use programmatic traffic, bots, direct purchase links, or other software, artificial intelligence or tactics to place automatic orders or block orders from others;

  • we believe that you have violated any terms or conditions applicable to any products, such as limitations on the number of products that may be purchased;

  • we believe that you have used multiple accounts to place orders in violation of any terms or conditions applicable to product purchases;

  • the occurrence of an Event Outside Our Control (see below).

 

Data Check.  When you send us your order, we may run checks on it before shipment occurs.  The checks may include verifying your address and checking for fraud.  Suspected fraud on the Services will be investigated and may be subject to referral to criminal authorities for prosecution in our sole discretion.

Events Outside Our Control.  An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs, civil commotion, riot, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, tornado, or other natural disaster, epidemic, government action or order, or failure of public or private telecommunications networks that makes it impossible, illegal or inadvisable to accept or fulfill any order. If an Event Outside Our Control takes place that affects the performance of any of our obligations, including fulfillment of orders, we will contact you as reasonably practicable to notify you of any effect on your order, which may include a rejection of your order or an extension of time for delivery.

Digital Collectibles & Non-Fungible Tokens

This Service also allows you to create, purchase, or advising you on the sale of Crypto Assets (as defined below) via auction (“Auction”). Detailed rules regarding the various 3rd party Auction sites and processes are available on this page, Auction Rules. You may only participate in the Auction by linking your digital wallets on supported bridge extensions such as MetaMask (https://metamask.io/). MetaMask is an electronic wallet, which allows you to purchase, store, and engage in transactions using Ethereum cryptocurrency. Before putting up your unique digital asset for Auction or putting in an offer to purchase a unique digital asset from another user, we will ask you to download a supported electronic wallet extension and connect and unlock your digital wallets with that extension. Once you submit an order to sell or purchase a unique digital asset, your order is passed on to the applicable extension, which completes the transaction on your behalf.

“Crypto Assets” refers to unique non-fungible tokens, implemented on the Ethereum blockchain (the “Ethereum Platform”) using smart contracts, including without limitation using marketplace platforms such as ENFTPROs.com, Rarible.com, SafeNFT.io, Mintable.app, Ownerfy.com, MintGate.app, and NiftyGateway.com.

ALL TRANSACTIONS INITIATED THROUGH OUR SERVICE ARE FACILITATED AND RUN BY SUCH THIRD-PARTY ELECTRONIC WALLET EXTENSIONS, AND BY USING OUR SERVICES YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS.

FOR METAMASK, THOSE TERMS ARE AVAILABLE AT (https://metamask.io/terms.html) AND (https://metamask.io/privacy.html) HOBBY CARTEL IS A SERVICE PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY.

HOBBY CARTEL HELPS CREATE AND FACILITATE TRANSACTIONS BETWEEN THE BUYER AND SELLER IN THE AUCTION BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF CRYPTO ASSETS OR BETWEEN ANY USERS.YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, HOBBY CARTEL MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE PLATFORM.

Because we have a growing number of services, we sometimes need to describe additional terms for specific services. Those additional terms and conditions, which are available with the relevant services, then become part of your agreement with us if you use those services.

THESE TERMS OF USE ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. WE WANT TO LET YOU KNOW THAT THE TERMS INCLUDE AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT:

(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND

(2) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS. PLEASE READ OUR TERMS CAREFULLY.

BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, USING OUR SERVICES AND/OR PURCHASING CRYPTO ASSETS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE.

If you do not agree to these Terms, you may not access or use the Service or purchase the Crypto Assets. HOBBY CARTEL reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms.

 

By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.

If you wish to participate in the creation and management of Crypto Assets, you will need to register for an account on the Service (“Account”). By creating an Account, you agree to (a) provide accurate, current and complete Account information about yourself, (b) maintain and promptly update from time to time as necessary your Account information, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account. HOBBY CARTEL will block multiple accounts of the same user. Also, you agree that you will not:

* create another account if we’ve disabled one you had unless you have our written permission first;

* create another account if we’ve disabled one you had unless you have our written permission first;

* buy, sell, rent or lease access to your Account or username unless you have our written permission first;

* share your Account password with anyone;

* log in or try to log in to access the Service through unauthorized third-party applications or clients.

HOBBY CARTEL may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. HOBBY CARTEL may also require you to provide additional information and documents in cases where it has reasons to believe that:

* Your Account is being used for money laundering or for any other illegal activity;

* You have concealed or reported false identification information and other details; or

 

* Transactions effected via your Account were affected in breach of these Terms.

In such cases, HOBBY CARTEL, in its sole discretion, may pause or cancel your Auction transactions until such additional information and documents are reviewed by HOBBY CARTEL and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, HOBBY CARTEL may refuse to provide the Content (defined in Section 4) to you. By creating an Account, you also consent to receive electronic communications from HOBBY CARTEL (e.g., via email or by posting notices to the Service). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

You must provide all equipment and software necessary to connect to the Service and services, including but not limited to, a mobile device that is suitable to connect with and use Service and services, in cases where the Service offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service or services.

Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by HOBBY CARTEL or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components. For example, when you click to get more details about any of the Crypto Assets sold through our marketplace, you will notice a third-party link to the website from which such Crypto Asset originated. Such website may include license terms governing the use of such Crypto Asset. In the event you purchase such Crypto Asset through our marketplace, you are required to comply with such terms. As stated above, your participation in the Auction is also subject to the rules available on this page, Auction Rules.

Payment can be made by means of PayPal, Visa, MasterCard, Bitcoin, or Ethereum. Unless otherwise stated, all prices are listed in United States dollars or in Bitcoin or Ethereum.

 

All purchases are final.

Shipping details adheres to the following shipping guidelines:

 

* USPS Standard – First Class Mail (3-5 days)

 

* Priority Mail (2-3 days)

 

* First Class International Mail (5-12 days)

 

Orders are processed and shipped within 72 hours (weekends excluded), often within 24 hours. Tracking numbers are e-mailed when an order is processed. Allow 24 hours for tracking information to be updated by USPS after determined shipping date.

HOBBY CARTEL is not responsible for customs duties tariffs required by local governments for international orders. The recipient is required to pay duties as per local government notifications.

Additional terms surrounding payment, pricing, asset transferring, and shipping may be published on our Site or otherwise communicated by us to you and are hereby incorporated into this Agreement by reference.

USER CONDUCT

By using the Services, it is your responsibility to know, understand and abide by our rules of conduct. These rules are not meant to be exhaustive, and Hobby Cartel reserves the right to determine what types of conduct it considers to be inappropriate use of the Services and to take such measures as it sees fit. Hobby Cartel reserves the right to add to or amend this list of rules at any time. You agree that you will not use the Services to:

  • post, e-mail, transmit, upload, or otherwise make available content that harasses, abuses, defames, or threatens other users, that contains profanity, or obscene or otherwise objectionable content, or that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;

  • stalk or otherwise harass any other person or entity;

  • post, e-mail, transmit, upload, or otherwise make available content that contains any other party’s intellectual property unless you have the right to do so or violates the privacy, publicity or other personal rights of others;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;

  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity except as explicitly authorized herein;

  • post, e-mail, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs which (by design or function) interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

  • intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

  • promote or facilitate illegal gambling or wagering;

  • make available, distribute, re-upload or share any video, photos, downloads or other content provided by Hobby Cartel or through the Services to any other website, streaming technology, peer-to-peer software, or similarly unauthorized distribution channel unless expressly authorized to do so by Hobby Cartel.

  • Use any meta tags or any other hidden text using Hobby Cartel’ name or trademarks.

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the Services.

  • Access any content not intended for your use or log onto a server or account that you are not authorized to access.

  • Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

 

Violation of the rules of conduct may result in the immediate removal of your content from the Services and/or the termination of your account(s). You understand that all postings and content submitted to any of the Services by users ("User Materials"), whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not Hobby Cartel, are entirely responsible for all User Materials that you upload, post, share, e-mail, transmit, or otherwise make available via the Services. Under no circumstances will Hobby Cartel be liable in any way for any User Materials uploaded, posted, shared, e-mailed, transmitted or otherwise made available via the Services.

You acknowledge that Hobby Cartel may or may not pre-screen User Materials, but that Hobby Cartel and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Services. Without limiting the foregoing, Hobby Cartel and its designees shall have the right to remove any User Materials that violate these Terms or are otherwise objectionable at Hobby Cartel’ sole and absolute discretion. You understand that by using the Services, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Services.

With respect to User Materials you directly submit or make available on the Services, you grant Hobby Cartel an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed, and for any commercial or non-commercial purposes.

INDEMNITY

You agree to defend, indemnify and hold harmless Hobby Cartel, its parent company, affiliates, subsidiaries, employees, contractors, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney's fees) made by any third party due to or arising out of your use of the Services, any transaction resulting from use of the Services, your connection to the Services, your violation of these Terms, your submission, posting, or transmission of User Materials to the Services, and/or your violation of any rights of another.

MODIFICATIONS TO SERVICE

Hobby Cartel reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof), including the Restricted Areas, with or without notice at any time. You agree that Hobby Cartel shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services, except as otherwise specified in any separate rules governing certain events or contents.

VIOLATIONS

You agree that you will report any violations of the TOS to list@thehobbycartel.com or via our Discord at https://discord.gg/wFHK7NVU

GENERAL INFORMATION

Waiver and Severability of Terms. The failure of Hobby Cartel to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Survivorship. You agree that any of your registered accounts on any of the Services are non-transferable and any rights to your user ID or account contents terminate upon your death, with the exception of the holdings in your eHobby Cartel account, which may be transferred or accessed by the Administrator or Executor of your Estate.

Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.

QUESTIONS

You agree that you will report any violations of the TOS to list@thehobbycartel.com

NOTICE

Hobby Cartel may provide you with notices, including those regarding changes to these Terms, by e-mail, regular mail, or postings on the Services; provided, however, that this Section places no requirements on Hobby Cartel not already expressly set forth herein.

TRADEMARK INFORMATION

Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Services without the written permission of Hobby Cartel or any third party that may own the trademarks. Your misuse of any trademarks displayed on the Services, or any other Content on the Services, except as provided in these Terms, is strictly prohibited. You are also advised that Hobby Cartel will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

NOTICE & PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Hobby Cartel may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Hobby Cartel’ Copyright Agent a Notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Services;

  • your address, telephone number, and e-mail address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

Hobby Cartel’ Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:

Copyright Agent, The Hobby Cartel Company, Inc., 6735 Salt Cedar Way. Bldg 1 Ste 391. Frisco, TX 75034

Email: list@TheHobbyCartel.com

CHOICE OF LAW AND DISPUTE RESOLUTION

These Terms are governed by laws of the State of Delaware, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Delaware, Delaware, for any claims arising out of or relating to your use of the Services.

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms or your use of Services or Content ("Dispute"), any dispute, controversy or claim shall be submitted to confidential arbitration in Delaware, except that, to the extent you have in any manner violated or threatened to violate Hobby Cartel’ intellectual property rights, Hobby Cartel may seek injunctive or other appropriate relief in any state or federal court in the state of Delaware, and you consent to exclusive jurisdiction and venue in such courts. Any arbitration shall be conducted under the rules then prevailing of the American Arbitration Association.

 

The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no dispute under these Terms shall be joined to a dispute involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

COLLECTIBLE CONSIGNMENT

Trading Card Boxes & Cases

Due to the volatile trading card and rapid fluctuation in price, all trading card sales are final. However, in some cases, we may accept returns if the request is made on the same day of package delivery. All items must have their factory seal intact and be in its original condition. If you are unhappy with your purchase, please contact us immediately so we can help rectify the situation.

Memorabilia

To ensure the value and integrity of our autographed items, all memorabilia sales are final. All of our autographed items come certified with an SCC COA or a COA from a recognized leader in sports memorabilia and autograph authentication.

Consignment

We only accept graded cards for consignment. Items will be listed within 3 weeks of receiving them after receiving your graded slabs back from our grading partners (SGC, BGS, PSA). However, orders of under 50 cards will typically go up within 2 weeks. If the order is over 50 cards it may take 3-4 weeks to get everything listed but it may be processed in batches over multiple weeks.

Payouts are based on INDIVIDUAL card sales prices and are applied to each individual item not the total sales. PayPal payouts are made within 2 business days after the request is made and are based on available balance. Check payouts will be mailed within 5 business days after the request is made and are based on the available balance – please note these are subject to a $10 fee as we send them priority with tracking.

Sending us a list of which collectible assets you want sold is required to do so and we will give both you and us a copy of what items we are selling for you. If there are multiple SGC, BGS, PSA 8s of the same card or “misses” we reserve the right to lot these items versus sell individually. If we determine most cards in an order will not receive bids, we reserve the right to return the order. We will contact you before returning. Please note most cards should sell over $50 and average $100 to take advantage of our services.

Unsold Items: Every item will be listed at either “Buy Now” for a price we set with the customer or “Auction” starting at $50 minimum reserve amount. Any item valued at over $10,000.00 that goes unsold will be kept in house and relisted for the same fees within 90 days at no additional expense to the customer.

While we only sell graded collectibles, we will consider some memorabilia – signed baseballs, jerseys etc., however, please reach out before submitting as these require approval. We will not sell magazines, books, dolls etc. We will list fixed price for customers if the item sells consistently over $1,000 – we will do up to 10 cards – and an auto decline/ auto accept number is required.

Condition requirements: cards are in at least nm/mt condition; cards are not altered in any way, shape, or form.

(Zero Strike Policy) Under no circumstances are you permitted to bid on your own auctions. If you are caught doing this, we will no longer accept cards from you.

All sales are final.

SUBMISSION SERVICES

Our order forms and general terms represent and warrants to HOBBY CARTEL that Customers, or an authorized representative of the Customer, accepts all terms and conditions upon sign-up.

Regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property while in our possession. As such, we agree to maintain secure storage around your collectible assets to safeguard them while in our care. During this period of possession, to provide the full extent of our service value, we shall own exclusive rights for the products or services you have opted in to, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these for the purposes defined herein. Submissions are for any lawful purpose, commercial or otherwise, which may be without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.

 

You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

AVAILABLE SERVICES

Trading Card Collection Evaluation & Indexing

Send your collection of trading card collectibles to our secure facility for categorizing, indexing, and evaluation. Any collectibles deemed worthy of value greater than $25.00 USD may be identified by our team of experts for further valuation and review with you (the collector). Upon completion of this service, you will receive a notification via email to review next steps. If no further action, we will submit the cards back to the address you have on file.

Trading Card Collectible Pre-Grading

If it is determined one or more of your collectible trading cards could have a resale value of greater than $100.00 USD, our team may recommend having the collectible pre-graded by our team of grading experts. This provides our collector community with a low-cost way to assess the likely score of the trading card asset prior to investing the additional cost when submitting to one of our approved grading services.

Trading Card Collectible Grading Service & Slab 

Should you determine you would like to have your trading card graded and slabbed by one of our approved grading companies (PSA, BGS, SGC), we can expedite the process on your behalf by facilitating your collectible as part of our regular bulk shipments. Cost and turnaround time is dependent on which company you select and the value of your collectible asset.

Trading Card Collectible Consignment & Sales
Upon receiving any trading cards back from our grading partners, or if you elect to submit graded trading cards to us directly, we will attempt to market and sell your graded trading card collectibles on your behalf for a value range we set with you prior to active consignment. If you wish for us to hold your graded trading card, we can store it in our vault or create a vault account on your behalf for further safeguarding.  

THANK YOU!

Taking the opportunity to utilize this space as a way to express our sincere gratitude for your interest in the Hobby Cartel, our services and our community.