Introduction
This Agreement contains the complete Terms and Conditions that apply to you in joining, buying, bidding, selling and all other activities you will make in our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
Use of the site & Prohibitions
The Site allows you to post offers, sell, advertise, bid and shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools; (b) collecting information about users’ personal information;(c) take any action that may damage the rating system.
For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
Payments and Processes of Invoices
Mid America Coins has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Mid America Coins prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by paypal, check/money order, or bank transfer. Payment of Check or Money Order requires a 7 day waiting period after we receive the payment before we send your product, so keep this in mind. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. Mid America Coins has all discretion to cancel or deny orders. Mid America Coins is not responsible for pricing, typographical, or other errors in any offer by Mid America Coins and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 7 days of the invoice date. For all but consumer purchases, Mid America Coins reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.
Check Payments: Orders to be paid by check are expected to be postage marked by the following business day after placing this order. This is done in order to protect ourselves from the uncertainty with precious metals and price fluctuations. Orders where the check is not postmarked by the next business day are subject to cancellation.
Pay in Store: Orders using our Pay in Store and Pick up in Store options that do not contain precious metal products are expected to be picked up and paid for by close of business within 3 business days. Orders that are not picked up in the aforementioned time frame are subject to cancellation.
Pay in Store Option with Precious Metal Products: Orders that contain precious metal products whos payment method is Pay in Store are subject to the following terms: Orders placed before 2pm Monday through Friday must be picked up the same business day. Orders placed after 2pm Monday through Friday must be picked up by close of business on the following business day. This is to protect us from those that may attempt to abuse the fluctuating prices of precious metals.
Refund Policy
Please refer to our policy page at https://midamericacoins.com/refund-policy
Risk of Loss
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Pricing and Descriptions
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
A majority of our bullion products use a live pricing system and change automatically every minute, therefore we cannot guarantee any price on any of these products until you place an order.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Fraud
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Mid America Coins shall use any and all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
Warranty Disclaimer and Limitation of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD $2,000 or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
Confidentiality
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Mid America Coins. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Right To Limit Quantites Or Reject Orders
Mid America Coins reserves the right to limit quantities or reject orders in any combination or option that we determine is in our best interest.
Non-Waiver
Failure of Mid America Coins to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the substantive laws of Grove, Oklahoma, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Grove, Oklahoma, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative here to shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.