Terms and Conditions for Seller Members
1) Philaton is an interactive website that posts dealers listings for sale at auction. Stating a date for the opening and a date to close. The advised quantity is in the 150-300 items range. Those auctions can be offered unreserved with a starting price of U$1.- or can be placed with a reasonable reserve. Be aware that Philaton will try not to accept reserves that do not show a competitive commercial sale price.
2) All offered material must be described, identified, classified and graded in an appropriate manner by the seller. This may be surveyed by Philaton and its decision will be final. Seller must respond to every objection or question made by the bidder and in discrepancy must do his best efforts to satisfy the buyer. Whenever a proper claim is detected, seller must refund in full and on the spot.
3) Dealer keeps the right to deny a specific bidder participation in any of his sales, so far he is in position to demonstrate the reason (credit problems, delayed payments, unreasonable returns, etc) and is able to reject any bidder or offer that, at his judgement, is believed not to be made in good faith.
4) Philaton reserves the right to withdraw any lot (even a posted one) without further notice or explanation. Seller can withdraw any lot by paying to Philaton a fine of twice the reserve or the full actual price at the closure of the sale (whichever is higher). The same fine will be applicable on every sold lot that is not available to be shipped.
5) Any dispute that hasnt reached a satisfactory solution between buyer and seller will be arbitrated by Philaton and its decision must be accepted by both parties.
6) Seller agrees with all auctioneers' general terms as tradition and industry practices reveal and must behave in the most proper and honest manner, giving priority to the fair development of the hobby. Philaton may terminate signed agreements and seller's rights to use Philaton site at any time and without cause by sending the member an e-mailed notice.
7) Dealer member will receive payments in the manner he specifies directly from the buyer and must deliver purchased goods in the best packed possible shape, within 24 hours of reception of the payment (unless credit had been given by seller at his only discretion and risk). Cashed transactions pay a commission of the total invoiced amount and seller agrees to pay to Philaton within 30 days of the auction closure and should list the non cashed transactions in order to discount its commission; uncashed material will not produce expense to the seller; but properly returned items (inaccurately described) will pay commission. In case of refund of lots, Philaton will hold the commission to cover extra administration costs. Default to this premise may produce the suspension of sellers posting privileges and/or, from the 31st day after the sale in question, a 3% monthly accumulated compounded interest over balances due.
8) Purchased goods are delivered at buyer's risk and expense; proof of delivery will be an official mailing receipt. If seller delivers an item by second or third class mail without previous agreement, and no official receipt is issued by postal authorities, seller will be responsible for the integrity and/or the loss of such delivery.
9) If any one part of these general conditions are found invalid by a competitive court of law, all others shall remain in force.
10) Dealer agrees to use buyer's name and address to deliver purchased goods in the most strict confidence. He must keep this information confidential, though he may use it in his own regular mailing (unless buyer requests otherwise), but dealer commits himself to exclude those names and addresses from any public or private list, not to allow mailing copies to third parties and specifically to exclude them from any promotion of his or other people sites.
11) Philaton is an international organization born to ensemble the best possible selection of recognized world stamps auctioneers and give them a place where to offer their best philatelic material. This means that we have a discriminating mind, we want to protect buyers from unknowledgeable or unreliable sellers. Philaton is not itself an auction house or a stamp dealer and does not buy, sell or ship any item in its normal business process.
12) Philaton is not directly responsible for other peoples procedures; however, we dispose of a fine team of well known philatelic advisors that may survey all offered material and will not allow doubtful and/or deceiving items and/or cheatful descriptions. The repeated failure of a consignor to accomplish these terms allows Philaton to withdraw or suspend the membership status of any individual at his own discretion and without further explanation or notice.
13) Auctioneers in our site are granting the full knowledgeable examinations of every offered item and compromise themselves to describe every defect, reparation, alteration of the original status and/or the original color with full fairness. Default to these premises is also enough reason to suspend or cancel membership.
14) Each seller member must state with full clearness their individual terms of sale in his profile page and by reading carefully our general buyers terms and conditions, specify the points that exceeds or correct the general stated terms. Basically, they must indicate their shipping methods and conditions plus costs and expected delay (when differ), the return privileges terms (when differ), the refund terms (when differ) and accepted methods of payment (when differ). We strongly advice not to charge any commission but, if otherwise, this must be also clearly stated therein.
15) Seller warrantees the authenticity, non alteration of the original status (repairs) and proper identification of every item he is offering. If any lot results to be declared a forgery, a repaired, or a misidentified item (in this last case, if there is a significant price difference) by a reliable expert committee, seller must refund the full price paid to buyer and must also pay the proper commission plus U$50.- to Philaton in concept of administrative expense. Whoever wants to offer a doubtful item without falling into those deceptive conditions must state "as is" in the description and fix a reserve price that never can be over the 5% of the market value of a proper copy of the same item.
16) Philaton may request some setup fees and a refundable deposit on future commissions for any new dealer.
17) Dealer members and candidates are requested to inform us about any irregular situation with any Philatelic Society, Federation or Dealer Association, as any unresolved situations will be thoroughtly persued by us.
18) Before any consideration of a new dealer, a dealer application form (see "Be a dealer member" section) must be filled in including dealer's details and acceptance of this terms and conditions.
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