These Terms and Conditions govern your business transactions with Atlas Numismatics. By conducting any business with Atlas Numismatics, 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 Atlas Numismatics. Atlas Numismatics may change these Terms and Conditions from time to time, and will notify customers of these changes by email and on Atlas Numismatics’ website. You understand and agree that these Terms and Conditions, as revised, apply to you and your dealings with Atlas Numismatics 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 Atlas Numismatics.
1. Payment in Full. Title does not pass until payment has been received in full by Atlas Numismatics. Atlas Numismatics reserves 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. Atlas Numismatics has the right to offset any sums due to Atlas Numismatics, and to make such offset from any past, current, or future consignment, or purchases that are in the possession or control of Atlas Numismatics; or from any sums due to you by Atlas Numismatics. You grant Atlas Numismatics 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 Atlas Numismatics and the right to file a UCC-1 financing statement against such property and its proceeds, to secure all indebtedness due to Atlas Numismatics until the indebtedness is paid in full.
2. Payment Methods. All prices offered 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. Please note that eBay only permits certain payment methods. 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 would be 3% for domestic orders and 4.5% for overseas orders; the fee for credit cards would be 3%.
Client attests that s/he will abide by all applicable laws and regulations in the purchase of items from Atlas Numismatics or sale of items to Atlas Numismatics. No client sanctioned by the United States Treasury Department or national of a sanctioned country may attempt to do business with Atlas Numismatics, either directly or indirectly.
3. Grading and Conservation. Grading is an art and not a science. The condition, grade or description assigned by Atlas Numismatics to any numismatic item sold is not a warranty of any kind. The price for which the merchandise is sold represents the price that Atlas Numismatics has offered and you have paid, independent of any description by Atlas Numismatics. You hereby assume all risks concerning and related to the grading, quality, description, condition and provenance of all merchandise. Atlas Numismatics uses contemporary grading standards and interpretations to grade coins, and relies upon the opinions of grading services such as PCGS and NGC. Atlas Numismatics does not guarantee that the coins it sells will achieve the same grades from Atlas Numismatics itself, PCGS or NGC or any other grading service in the future. All coins are guaranteed genuine for life, provided, however, that any authenticity claims against Atlas Numismatics 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. The degree of liquidity will vary according to general market conditions and the particular item involved. For some items there may be no active market at all at certain points in time. Coin conservation is standard practice in the rare coin industry. Client acknowledges that any items purchased may have been conserved. Conservation methods can change the appearance of coins, including the surface color, toning and luster. Market acceptable conservation methods are indicated by straight (non-details) grades assigned by third party grading services.
4. Risks of Buying Rare Coins for Investment. Atlas Numismatics 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.
You agree and acknowledge that neither Atlas Numismatics nor any of its employees or representatives acts as your agent or fiduciary. Atlas Numismatics does not and cannot guarantee that you will be able to sell any products you purchase from Atlas Numismatics for a profit in the future. While Atlas Numismatics may voluntarily make an offer to repurchase items from you, Atlas Numismatics is under no legal obligation to make such an offer, and Atlas Numismatics does not guarantee to make a market in the items it sells.
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 Atlas Numismatics 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 Atlas Numismatics’ liability to you for any reason whatsoever exceed refund or replacement of the item in question, and Atlas Numismatics disclaims any indirect, special, incidental, or consequential losses or damages arising in any manner from any transaction between you and Atlas Numismatics.
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 Atlas Numismatics. A written or printed copy of Atlas Numismatics’ refund policy is available upon request.
6. Sales Tax. Atlas Numismatics 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. Atlas Numismatics is also a registered business in the State of Maryland and is required to collect sales tax on applicable* items delivered within the State of Maryland. You will be responsible for paying all applicable taxes for items sold or shipped to you outside of the State of New York and the State of Maryland. On any tax not paid by you that should have been paid, even if not collected by Atlas Numismatics 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.
Atlas Numismatics is not required to collect sales tax if the purchaser is buying for resale and has provided Atlas Numismatics with verifiable reseller credentials and a current signed resale form. Please contact Atlas Numismatics with any specific inquiries or to provide your sales tax resale certificate and appropriate signed State forms.
7. Risk of Loss. Atlas Numismatics 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 Atlas Numismatics to your designated third-party shipper. Atlas Numismatics does not bear risk of loss on any shipments to Atlas including, but not limited to, offers of coins on approval or returns of coins purchased from Atlas Numismatics.
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, Atlas Numismatics 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 Atlas Numismatics and its employees (including affiliated and related companies) are statements of opinion only, and are not warranties or representations of any kind.
9. Miscellaneous. 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 Atlas Numismatics or its affiliates or assignees in enforcing any part of this contract, including but not limited to obtaining payment for any transaction. Atlas Numismatics' 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 Atlas Numismatics and shall not include consequential or punitive damages. Atlas Numismatics 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 Atlas Numismatics, 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 Atlas Numismatics’ 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 Atlas Numismatics authorized to do so. Atlas Numismatics 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.
