Terms & Conditions
BY USING THIS SITE OR ANY OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.
About American Postage Company
AMERICAN POSTAGE COMPANY, LLC dba SELL UNUSED STAMPS (“American Postage Company,” or “we,” “us,” or “our”) operates a business that involves buying and selling stamps, stamp collections, postage, and other described items. Some of our services might be available through one or more websites on the World Wide Web. By entering any transaction with us, including visiting any of our websites and accessing the offered information, resources, services, products, or tools (collectively “Services”), you acknowledge, agree and accept the following terms and conditions, which constitute an agreement between you and us (hereafter referred to as the “User Agreement”). The User Agreement can change from time to time without notice and it is your responsibility to review it periodically. Your continued interaction with us, including use of our websites after any modification to the User Agreement will constitute your agreement to all modified terms and conditions.
Responsible Use and Conduct of Our Services
You agree to use the Services only for the purposes intended as permitted by the terms of this User Agreement, applicable law, and generally accepted business practices. Therefore, you understand and agree that any information you provide to us will always be accurate, correct, and complete. You will be solely responsible for all activities that occur under any account you create or manage; or based on any information you submit to us through our website or otherwise. You agree not to use the Services in any manner that is illegal, fraudulent, deceptive, or otherwise inappropriate. You are solely responsible for all losses that result from your unauthorized conduct and you agree to indemnify and hold harmless American Postage Company and its affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of this User Agreement.
Sending Us Your Stamps for Sale
The Services offered by American Postage Company could include, from time to time, the invitation for you to send to us stamps, stamp collections, rare stamps, unused postage, forever stamps, or other similar items (collectively “Stamps”). Any solicitation by us requesting Stamps shall not be a legally binding offer to purchase any item. If you send us Stamps, it shall be considered a request by you for our inspection, review and examination of such Stamps, as well as an invitation by you for us to make an offer to purchase such items. Any items you send must be accompanied by a completed packing slip with all information requested by us. A form of packing slip is available on our website. After receipt and inspection of your Stamps, American Postage Company may elect to extend a written offer to purchase your Stamps at a price determined in our sole discretion. Alternatively, American Postage Company may elect for any reason, or no reason whatsoever, to decline to make an offer to purchase any Stamps sent to us. In general, Stamps that are sent to us (other than rare stamps, old stamps or other special collectible stamps) should be free of excessive damage, creasing, or stains in order to increase the likelihood that we make you an offer to purchase your Stamps. All of our offers are based on evaluation of an item’s authenticity, condition, and quality, as well as the general market conditions that may affect value.
Accepted Offers and Payment
If we do extend an offer to purchase your Stamps, such offer will be in a written communication. You will have the opportunity to accept the offer or decline the offer by written response. All offers to purchase Stamps will remain open for acceptance by you for the longer of ten (10) days from the date of the offer, or such time stated in the written communication making the offer. If you accept an offer from us to purchase your Stamps before expiration of the offer, we will thereafter issue payment to you in the manner requested by you. If you do not select a payment method, payment will be made by regular bank check sent by certified mail or such other manner that we determine reasonable. You agree that all fees and costs associated with our purchase of your stamps will be paid by you as disclosed to you in writing. Such fees and costs will be subtracted from the purchase price stated in the offer. Therefore, you acknowledge and agree that the amount of payment will be the net amount of the offer less all disclosed fees and costs.
Declined or Expired Offers & Return of Stamps
Once an offer from us expires, it may not be accepted thereafter. If an offer is declined by you, the offer is terminated and may not be accepted thereafter. If you decline an offer from us to purchase your Stamps, or if you do not accept an offer before it expires, then we will return the items sent to us. All returned items will be securely packaged and shipped by us to you. We will pay all costs and expenses of return shipping for items that we did not offer to purchase. You will be responsible to pay all costs and expenses of return shipping for items that we did offer to purchase, but which were not purchased due to expiration or rejection of our offer. We will send you an invoice for the return shipping fees and costs (“Return Shipping Invoice”) that are your responsibility under this arrangement. The Return Shipping Invoice must be paid in full before your items will be sent back to you. If you fail to pay the Return Shipping Invoice within 30 days of the invoice date, we will issue you a written notice (“First Notice”) reminding you of your obligation to pay return shipping fees and costs prior to return of your items. If you fail to pay the Return Shipping Invoice within 30 days of the First Notice, we will provide further written demand (“Second Notice”) for payment. If you fail to pay the Return Shipping Invoice within 30 days of the Second Notice, we will issue you a final written demand (“Final Notice”) for payment describing that all items left with us without payment for return shipping costs will be considered abandoned after 120 days. All abandoned items shall be disposed of in our discretion, including that we may sell the items to cover any costs associated with our efforts to cause you to pay the Return Shipping Invoice and donate the balance of any sale proceeds to charity. You agree to hold us harmless for any action we take with respect to any items you send that are abandoned under the terms of this this User Agreement.
The Services offered by American Postage Company may include, from time to time, appraisal or other similar valuation of stamps, groups of stamps, stamp collections, or other collectibles in groups or individually. Appraisal services may be offered for a fee or free or charge as described in writing when such services are offered. In any case, in order to qualify for an appraisal you must contact us prior to shipment of any items to be appraised. In some cases we will offer free shipping for you to send us your items for which appraisal is requested. American Postage Company will not conduct any appraisal services unless we are able to evaluate the items in person. Appraisals will be based on quality, condition, authenticity, market factors and other conditions that affect value. The appraisal services are subject to all conditions, limitations and other terms of this User Agreement, including expressly the limitations of warranty described below.
Shipping and Risk of Loss
In any transaction that requires shipment, mailing, or other transport of any item from you to American Postage Company, you shall be solely responsible for costs of the shipment and all related services such as insurance coverage. Any unpaid shipments, pay on delivery, or other similar shipping methods will not be accepted by us. In the case of items being shipped to us, all risk of loss shall remain with the sender of the items until the shipped items are received and accepted by us. We recommend that you ship all items in a manner that will ensure protection against physical damage and moisture. We recommend that you adequately insure all shipments sent to us. We recommend that all shipments be sent by trackable delivery service. In the case of items being shipped to you by us, such as return items that are not purchased by us, the risk of loss shall pass from us to you when shipped items are deposited by us with the shipping company or shipping agent.
Ownership of Items
You may only send American Postage Company items that you legally own and have the right to sell. The items you send will be your property until you accept an offer from us and payment is issued to you in the manner requested or in the manner provided in this User Agreement, or until the property is abandoned under the Terms of this User Agreement. Once payment has been issued, or when you have abandoned your items as described in this User Agreement, title to each item for which payment is issued or notice of abandonment has been issued will pass to American Postage Company, LLC. All sales and other transfers are final. We will not return any property after title has passed for that property.
Representations, Warranties and Acknowledgement
When you use any of our Services, including offering items for sale, you represent and warrant to American Postage Company, LLC that you: (i) are over the age of 18, (ii) have accurately and truthfully represented your identity to us, (iii) have provided truthful and accurate information regarding all items sent to us, (iv) are the owner with the legal right to sell any items offered for sale, and (v) are not aware of any facts that would cause any transfer of the items offered for sale to be in breach of any legal obligation or prohibited by any applicable law. Further, you represent that the items you send are not counterfeit, replica, or otherwise not genuine. You acknowledge that American Postage Company is subject to laws, regulations, and administrative enforcement related to claims of theft or other improper possession or transfer of Stamps and other property. American Postage Company handles all reports of theft, and all other indications of stolen property with extreme concern for the determination of rightful ownership. We will cooperate with law enforcement in all investigations related to claims of stolen property or other improper transfer. You acknowledge and agree that any items in the possession of American Postage Company, whether or not title has passed to us, may be subject to reporting, holding periods, or surrender to law enforcement as describe in this User Agreement. You agree to hold American Postage Company, and our agents and affiliates harmless for any action we take consistent with the terms of this Agreement, including those described in our Security Measures.
Our Security Measures
All items sent to American Postage Company, LLC are subject to inspection by American Postage Company prior to offering to purchase any item. As described, American Postage Company reserves the right to decline any transaction for any reason or for no reason whatsoever. American Postage Company will not offer to purchase any item it believes to be high risk, fraudulent, illegal, or otherwise in violation of law or this User Agreement. American Postage Company reserves the right, without notice, to report its receipt or possession of any items that are believed to be counterfeit, forged, inauthentic, stolen, subject to court order or request from a government agency or law enforcement, or are otherwise unlawful, unethical, immoral, or improper as determined by American Postage Company in its sole discretion. American Postage Company may take additional actions to satisfy its internal security policies, including without limitation, authentication of a seller’s personal information through third-party sites, making copies of all stamps received, and retaining those copies indefinitely.
In the event American Postage Company cannot reasonably ascertain compliance with this User Agreement, American Postage Company may take any of the following steps with regard to such items and in order to comply with applicable law.
If you obtained your postage from any source other than the United States Post Office, please confirm they are authentic before sending them to us. We do not purchase or knowingly sell counterfeit postage. The purchase and sale of counterfeit United States postage can be a federal crime. If we receive postage that we reasonably believe to be counterfeit, we may take any steps required of us, including surrender of the postage to the United States Postal Inspectors unit. We are not responsible for any damage or loss related to our surrender of counterfeit stamps to a law enforcement or other government agency. If you send us counterfeit postage, it will not be returned to you, and you will not be paid for it.
American Postage Company may, in its sole discretion, hold any item sent to us for a period of up to 30 days after receipt, without payment to sender, and without returning the item. In the case your Stamps are subject to this discretionary 30-day hold period for security purposes, we will notify you of such discretionary security hold. If we receive a specific request from law enforcement or other governmental agency regarding the items being held, American Postage Company reserves the right to hold items beyond a 30-day period and for as long as necessary to resolve the specific request issued by law enforcement or government agency.
As an additional security measure, American Postage Company may, but is not required to, impose transaction limits on some or all sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions during a period of time (“Velocity Limits”). For security reasons, American Postage Company does not disclose its Velocity Limits or the basis for determining its Velocity Limits. Velocity Limits take into account the nature, value, and quantity of items involved in each transaction and may differ from seller to seller. If you are imposed with a Velocity Limit, American Postage Company will notify you. American Postage Company will not be liable to any Seller based on any Velocity Limit that we have established or imposed upon you.
Surrender to Law Enforcement
In the event that we receive a subpoena, warrant, or other demand from a law enforcement agency, a court, or any other regulatory agency with proper authority, American Postage Company may surrender items in our possession to such agency in order comply with applicable law. You acknowledge and agree that if your items are delivered by us to any such agency, your only recourse for damage or collection of such property shall be against such agency and not against American Postage Company or its agents or affiliates.
Any controversy or claim arising out of or relating to this User Agreement or your transactions with us, or the construction, existence, interpretation, validity, or breach of these terms and conditions shall be settled by mediation followed by arbitration administered under the rules of the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Judgment upon the award rendered by an Arbitrator may be entered in any court having jurisdiction thereof according to the terms of this Agreement. The place of the arbitration shall be Fresno, California. You acknowledge and agree that the subject matter of these Terms and Conditions involves unique collectibles, and does not involve standardized consumable goods or services.
No Guarantee and Limitation of Warranties
By using our Services, including access to information on our website, you understand and agree we offer our Services "as is" and "as available," which means that the Services might not meet your needs, be uninterrupted, timely, secure or free from errors. Furthermore, you understand and agree that use of the Services or any information obtained through the Services is done at your own discretion and risk. We do not provide any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement. IN CONJUNCTION WITH THIS LIMITATION OF WARRANTIES, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID OR RECEIVED IN PAYMENT, IF ANY, FOR USE OF PRODUCTS AND/OR SERVICES. American Postage Company WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR SERVICES, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY. UNLESS OTHERWISE EXPRESSED, American Postage Company COMPANY, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
All content and materials available from us through our website or otherwise, including but not limited to text, graphics, website name, code, forms, images and logos are the intellectual property of American Postage Company, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized.
Termination of Relationship with You
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and our Services with or without notice and for any reason or no reason whatsoever. Any suspected illegal, fraudulent or abusive activity will result in us terminating your relationship with us and may be referred to appropriate law enforcement authorities. Upon suspension or termination of your relationship with us, your right to use the Services will immediately cease, and we reserve the right to remove or delete any information that you may have on filed with us, including any account or login information.
American Postage Company, LLC is located in, and all Services are offered from, California in the United States of America. While our website can be accessed from many jurisdictions around the United States and the world, our services are intended to be used by residents of the United States. By accessing our website, you agree that the statutes, regulations and other laws of the state of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and any Services, including any purchase or sale that occurs. Furthermore, any action related to this User Agreement shall be brought in the State of California, County of Fresno, or in the Eastern District of the United States District Court. You hereby agree to personal jurisdiction in and by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts and venues.
Updated January 7, 2018