By submitting your information to WAINCARDS, you acknowledge that you are requesting contact regarding sports card consignment services.
1. PURPOSE
Consignor appoints Consignee to market, list, and sell certain sports trading cards and related collectibles (“Cards”) through auction platforms, online marketplaces, private sales channels, or other sales venues deemed appropriate by Consignee.
2. DELIVERY, POSSESSION, AND RISK OF LOSS
2.1 Risk Prior to Receipt The Consignor retains full responsibility and liability for the Cards until such time as the Consignee has successfully received and confirmed physical possession of the Cards.
2.2 Shipment to Consignee All risk of loss, theft, or damage during shipment to Consignee remains solely with Consignor.
2.3 After Confirmed Receipt Upon confirmed receipt, Consignee shall exercise reasonable care in handling and storage but shall not be liable for loss or damage caused by events outside of reasonable control.
3. SALES; FINALITY
All completed sales are final and binding except as required by applicable law or marketplace policies.
4. PAYMENT STRUCTURE AND COMMISSION
4.1 Hammer Price Definition “Hammer Price” means the final winning bid or accepted sale price excluding sales tax, shipping, insurance, processing fees, buyer premiums, or additional platform-imposed charges.
4.2 Consignor Payout Consignor shall receive eighty percent (80%) of the Hammer Price, as determined by Consignee based on value, rarity, volume, and service level.
4.3 Fee Retention Consignee retains the remaining twenty percent (20%) as compensation for services.
5. UNSOLD CARDS
Unsold Cards may be relisted, donated/gifted to the Consignee, or returned at Consignor’s request. Return shipping costs are the responsibility of Consignor.
6. NET 60 PAYMENT TERMS
All payments shall be issued on a Net 60 basis beginning from confirmed delivery to the buyer to allow for fraud prevention, dispute resolution, return windows, and payment processing delays. Payments may be delayed or adjusted due to returns, chargebacks, or disputes.
7. REPRESENTATIONS
Consignor represents lawful ownership and authenticity of the Cards. Consignee makes no guarantee regarding final sale price or time to sell.
8. LIMITATION OF LIABILITY
Consignee’s liability shall be limited strictly to the actual Hammer Price received. No consequential or speculative damages shall apply.
9. BINDING ARBITRATION (INDIANA VENUE)
Any dispute, claim, or controversy arising out of or relating to this Agreement, including breach, enforcement, interpretation, or validity, shall be resolved exclusively through binding arbitration. Arbitration shall take place within the State of Indiana, in the county where the Consignee maintains its principal place of business, unless otherwise agreed in writing. The arbitration shall be conducted by a single neutral arbitrator in accordance with commercially reasonable arbitration rules. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction within Indiana. Each Party shall bear its own attorneys’ fees and costs unless otherwise awarded by the arbitrator. The Parties knowingly waive any right to a jury trial or participation in a class action.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Indiana, without regard to conflict of law principles.
