Terms And Conditions Of Sale / Disclosure

 Please Read Carefully. This Webstore is operated by Boston Autographs  and / or one of its affiliates. When used herein, the terms "we," "us" or "our" includes Boston Autographs Entities. 

The use of this website is at your sole risk and If you do not agree to be bound by these Terms and conditions of sale as per this agreement, you may not make a purchase of any item listed on this website. We Boston Memorabilia are not affiliated with Beckett media. These Terms and conditions may be changed, modified, or altered by us at our sole discretion at any time without prior notice. 

HIGH RISK ORDERS 
We reserve the right to cancel orders that we believe may possibly be fraudulent or problematic ("High Risk".) Sometimes, our automated fraud protection system may cancel an order due to suspicious purchase activity or high chargeback probability.  Orders may also be canceled due to previous refund activity or terms of service (ToS) violations which may include reselling or reseller buying behaviors. 

We do not ship to addresses outside of the USA.

We are not responsible for orders forwarded from a USA shipping address to an international address as this is against our sales policy.

We are not responsible for orders sent to the wrong shipping address if the buyer provided an incorrect address.

Buyer agrees to contact us no later than 30 days from tracking delivery confirmation of any missing items or issues with an order or request to return item! BE ADVISED concerning order cancellations. It is possible that an order will ship even if you the customer sends an order cancelation Email. In this case the customer is responsible for return postage / packaging and our same return policy applies.

 Your use of the Website (and any other feature, content or application offered by the Website) is at all times subject to these Terms of Use, as the same may be modified by us, and all applicable laws, rules and regulations. Use of and access to the Website is void where prohibited. By accessing and using the Website, you represent and warrant that: (a) all information you submit on this webstore is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Website does not violate any applicable law, rule or regulation. The content and information posted by us on the Website may be used by you only for informational, personal or other purposes authorized by us. All email inquiries to us concerning our products and sales may be stored by us to assist in any future sales issues.

As a condition of using the Properties, you and we agree that any and all disputes, claims and causes of action (collectively, "Claims") arising out of or connected with the Properties (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.

You may seek arbitration of a Claim by contacting our registered agent at: Corporation Service Company, 1201 Hays Street, Tallahassee, FL 32301. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. Payment of all filing, administration, arbitrator and/or mediator fees ("Fees") will be governed by AAA's rules. The AAA's rules are available at: www.adr.org or call 800-778-7879 (toll-free) for instructions on how to obtain a copy. Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys' fees and costs associated with the arbitration. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, or the United States District Court for the District of Delaware. For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Delaware (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims.

SEC / 2  RETURNS, REFUNDS, CLAIMS  /  In the event that the customer requests a return and refund of purchase amount, Customer agrees to notify us no later than 30 days from the date that tracking information states item delivered to shipping address, however we may decide to refund a purchase any time beyond this period at our sole discretion. Refunds are processed back to the bank card used to make the purchase, this is the only form of refund we process. In addition the customer agrees to return the item to us  BEFORE a purchase amount refund is issued. Refunds are processed with in 10 days from the time we receive the item back and 10 days if we agree to a return after the initial 10 day period from the time tracking has confirmed delivery and 10 days for order cancellation request made before order ships. If the customer issues a chargeback claim with their bank, if the bank decides in our favor and the item has not been returned at such time, we will not refund the purchase amount to customer. We can not issue refunds after 180 days from the purchase date. Express shipping cost payed by customer if chosen at checkout is not refunded. Customer pays the return postage cost and packaging. Buyer understands that in the event of a return. if tracking info can not be provided and we do not receive the item back, buyer may not be entitled to a refund of purchase amount. We reserve the right to place on hold or cancel unusually large orders, pending more information about the customer. Boston Memorabilia is not responsible for items held in customs or tariffs and import duties on items shipped to customers outside of the United States and is the responsibility of the buyer to work with customs to resolve a dispute. Boston Memorabilia is not responsible for any and all damage to the item acquired during transit. Customer agrees that at the time of delivery confirmation to the buyers shipping address by the postal service through tracking information, The buyer is responsible to notify us of any insured amount desired for the item at or before the time of sale. In an instance where the package is lost or missing in transit, a refund of the purchase amount of the item may not be processed until such time as the postal authority has conducted a tracing investigation of the package and determined it's location or 60 days from the date the package is reported missing or whichever comes first or 21 days have passed since the shipping date with no updated tracking information. We reserve the right to ship items only after payment has cleared or been dispersed to our personal banking account. In no event is Beckett Autographs liable for any amount above the price paid by the buyer. There will be no refunds issued after 30 days have passed from the purchase date no exceptions. Customer agrees to be bound by the terms of any shipping delay notices that are posted on the site on or before the time of order concerning refunds and order cancelation. Boston Memorabilia works with a third party merchant provider to process our payments from customers. If at any time our merchant places a hold on our payments, we may choose to delay the shipment of orders placed until such time as the review is complete and the funds are released from our merchant to us. If for any reason the funds are unable to be released to us from our merchant we may choose to cancel any pending orders and advise the merchant to refund the payments back to the customers.

Boston Memorabilia welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to Boston Memorabilia be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Boston Memorabilia (whether submitted directly to us or posted on any us hosted forum or page), you waive any and all rights in the Feedback and that us is free to implement and use the Feedback if desired, as provided by you or as modified by us without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to us must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.us reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

 

 SEC / 3 In order to participate in or use certain other services, programs (including any customer rewards or loyalty program), promotions, discounts, vouchers or coupons that may be run from time to time with respect to the Website ("Offers"), you may be required to agree to additional or different terms and conditions ("Offer Terms"). If there is a conflict between these Terms of Use and any Offer Terms, the Offer Terms shall control and the non-conflicting provisions in these Terms of Use will continue to apply. For example, if you seek to redeem a coupon code on the Website, your redemption of the coupon code is subject to the specific Offer Terms applicable to that code and to the non-conflicting provisions of these Terms of Use. If an Offer does not contain Offer Terms, then only these Terms of Use apply. Under these Terms of Use, unless otherwise prohibited by law, any Offer: (a) is valid only at the website identified in the Offer and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the date specified in the Offer, or, if none, the later of five years from the date of issue or the date required by applicable law, and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, or any value added service. In addition, some Offers may be in the form of a voucher or coupon.  If you purchase a voucher with a promotional value beyond the amount paid, you may redeem the voucher for the promotional value until the expiration date, or for the amount paid after the end of the applicable promotional period. We reserve the right to limit, change, or cancel any Offer or associated order, without prior notice, even after you have attempted to redeem the Offer or placed your associated order. By using or participating in an Offer, you indicate your acceptance of all applicable terms and conditions, including these Terms of Use and the Offer Terms, if applicable. Some Offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer.

1. Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Shopify’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

 

 

This Agreement became effective on  April 12th 2020 † While using the Site, the User will not:

• (1) Violate any laws, or any 3rd party rights,
• (2) Use the Site if you are not able to form legally binding contracts, or you are under the age of 18,
• (3) Transfer your User Account and User ID to another party without our consent;
• (4) Copy, modify, or distribute content from the Sites and Autographs Authentication Store’ copyrights and trademarks; or

We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying for your order on the Site with an approved valid method of payment.

Shipping costs if any are charged at checkout.  They are charged by known weight, and the location for delivery has been input into the Endicia software program.  All orders pay the handling charge at checkout $7.50 for all customers, as describe on the detail pages or each, and every item offered on Beckett Autographs

Much of the information and products on the Site are updated daily and is proprietary, useful and verified by Boston Memorabilia You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not:

• (A) Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Beckett Autographs Store, as applicable, or use this name for the purposes of resale, without written permission
• (B) Interfere or attempt to interfere with the proper workings of the Site or any activities conducted on the Site; or
• (C) Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

 Purchase Protection Program