Sales Policy

When entering into a transaction with another User using Hobify's Services, you are agreeing to be bound by this Sales Policy and any additional terms set by the Seller you are making a purchase from and the Group in which you are making the purchase in.

When using Hobify's Services, Users can be either a Buyer or a Seller, depending on which role they are currently engaged in. This Policy is written using the terms Buyer and Seller and apply to you based on which role you are filling at the time you are using our Services.

Prior to selling or buying items using Hobify's Services, you should fully understand this Sales Policy, and any additional sales terms put in place by Groups and Sellers.

Authorized and Prohibited Sales Items

We currently support the following hobby genres:

  • Sports cards memorabilia
  • Magic the Gathering cards
  • Comic books
  • Pokemon cards
  • All items which support the hobbies listed above

The following items related to our supported hobby items are prohibited from being sold on Hobify

  • Unauthenticated autographs (even if disclosed in the listing)
  • Reproductions (even if disclosed in the listing)
  • Art Cards, Editions and Originals (ACEOs). Custom art cards are authorized providing they are clearly original and do not significantly resemble copyrighted products
  • Items that have been altered by the current seller unless the item has been graded

Hobify, at its sole discretion and without recourse from our Users, reserves the right to cancel any sale or remove any listings of items on our prohibited list or any item(s) we feel may, in spirit, be against our prohibited list.

Activity that doesn't follow Hobify policy could result in a range of actions including for example: administratively ending or canceling listings, hiding or demoting all listings from search results, lowering seller rating, buying or selling restrictions, and account suspension. All fees paid or payable in relation to listings or accounts on which we take any action will not be refunded or otherwise credited to your account.

Hobify LLC does not transfer legal ownership of items from the Sellers to Buyers. The transfer of ownership generally occurs when the item is received at the Buyer's selected shipping address. Transfer of legal ownership is governed by the UCC and state laws.

When conducting a transaction on our site that requires a payment of money for goods, Users must user our payment services. Failure to use our payment services for transactions conducted on Hobify may result in restricted access to Hobify and our Services, or, in severe cases, removal of all rights to use our Services or access Hobify.

Seller Specific Policies

Seller Representations, Warranties, And Indemnification

When you use Hobify's Services, you hereby represent and warrant that (a) you have good and marketable title to each item listed for sale or trade; (b) none of the items(s) is subject to any liens or other encumbrances; (c) the item(s) does not include counterfeit goods; and (d) the items do not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation. You hereby indemnify and hold Hobify harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable attorneys’ fees and costs, incurred by Hobify as a result of or arising in any way out of Hobify display or sale of the item(s), including but not limited to, civil or criminal suits over authenticity or ownership of item(s), legality of sales, or copyright or trademark infringement.

Disputes

If there is a dispute between you and Hobify, Hobify shall have no obligation to pay any amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. Hobify may withhold any proceeds due to you (including any due for sold items not subject to the dispute) in full or partial satisfaction of any amounts you owe to Hobify.

IF WE DETERMINE THAT YOUR ACTIONS OR PERFORMANCE MAY RESULT IN RETURNS, CHARGEBACKS, CLAIMS, DISPUTES, OR OTHER RISKS, THEN WE MAY IN OUR SOLE DISCRETION WITHHOLD ANY PAYMENTS TO YOU UNTIL THE COMPLETION OF ANY RELATED INVESTIGATION. IF WE DETERMINE THAT YOUR ACCOUNT HAS BEEN USED TO ENGAGE IN DECEPTIVE, FRAUDULENT, OR ILLEGAL ACTIVITY, THEN WE MAY IN OUR SOLE DISCRETION PERMANENTLY WITHHOLD ANY PAYMENTS.

Taxes

Hobify only withholds sales taxes when required by local, state, federal and international laws. All other taxes due from the sale of items are your responsibility to pay and report as required by law. All payments made by you to Hobify will be made free and clear of any deduction or withholding (including but not limited to cross-border withholding taxes), as may be required by law.

Buyer Specific Policies

Seller Listings/Terms

You are responsible for reading the full item listing before making a bid in an auction or making a commitment to buy.

If you don't meet a Seller's terms, as outlined in a listing, you are not allowed to buy or bid on an item. You are also prohibited from any behavior that deliberately harms Sellers.

You are prohibited from asking or demanding a Sellers to add or change their sales terms of their listings after you have committed to buy or paid for the item(s).

Purchasing Items

You are entering into a legally binding contract to purchase an item when you commit to buy an item, when you submit an offer for an item which is accepted, or if you have the winning bid (or your bid is otherwise accepted).

You must pay for the items they win or buy within 2 days of committing to the purchase unless other arrangements have been made with the Seller(s).

Sellers may report you if you fail to make payment for outstanding purchases within 2 days. Excessive unpaid items on your account may result in limits on or loss of buying privileges, collection activities, account closure, or other consequences, at Hobify's sole discretion.

Hobify may limit your buying until you've established a good buying history or paid for the items you've committed to, even if you don't have excessive unpaid items.

Collecting Payments

You agree that all payments will be made and accepted only through a payment method provided or authorized by Hobify (an “Authorized Payment Method") and that you, are solely responsible for paying all shipping charges, applicable taxes, and other governmental charges and fees associated with your purchase of an item(s).

You shall, at your expense, take all steps necessary to enable payments through at least one Authorized Payment Method, including but not limited to, as applicable, acquiring necessary computer equipment and software, establishing an account with a third-party payment processor, and providing credit card and bank account information.

You authorize Hobify to run credit card authorizations on any credit cards provided by you. You represent and warrant that if you are purchasing an item using Hobify's Services, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

To the extent an Authorized Payment Method involves the use of a Hobify-approved third-party payment processor (“Payment Processor”), Hobify may make available, for the convenience of our Users, the ability to communicate with and make payments using the Payment Processor through the Website. You understand and agree to the following with respect to any Approved Payment Method, whether or not it involves a Payment Processor, and whether or not Hobify provides a User with the ability to access or use a Payment Processor’s services through the Website: (a) Hobify shall have no responsibility or liability for any losses or damages relating to or arising out of the receipt or transmission of payments, including but not limited to losses or damages from misdirected or lost payments, breaches of security, chargebacks, fraud, theft of funds, violations of banking, money-laundering, privacy, or any other laws relating to or arising out of the use of an Authorized Payment Method; (b) you shall comply with all terms and conditions imposed by any Payment Processor; (c) you shall be responsible for and shall pay any fees charged to you by a Payment Processor, credit card network, bank, or other financial institution, or otherwise imposed on you as a result of payments made or received through an Authorized Payment Method; and (d) you consent to Hobify or the Payment Processor deducting from any payment made by you, and paying to Hobify amounts that are due from you to Hobify. Nothing herein is intended to limit any rights you may have against a Payment Processor.

If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging other payment methods on file with us, retaining collection agencies and for accounts over 180 days past due, deducting the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make additional purchases, Hobify will store and update (e.g. upon expiration) your payment method on file.

If you become responsible to make any payments to Hobify and fail to pay such amounts when due, you shall be responsible to Hobify for all amounts due, plus any applicable processing fees, charges or penalties, and collection costs (including but not limited to attorneys’ fees). In its discretion, and without limiting its other available remedies, Hobify setoff amounts due from you against amounts received from or held for you, and may make appropriate reports to credit reporting agencies.

Without limiting the generality of the foregoing or the availability of other remedies, in the event that you fail to make any payment to Hobify when due, you consents to (a) Hobify directing any Payment Processor to withhold payments, or any portion thereof, otherwise due to you, and to pay withheld amounts to Hobify to setoff, in whole or in part, amounts owed to Hobify; (b) Payment Processor complying with such direction; and (c) Hobify or Payment Processor charging any of your credit cards, bank accounts, or other payment methods or sources available to Hobify Ink amounts due from you.

To the fullest extent permitted by law, we reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at our sole discretion. Except as otherwise stated, all prices are quoted in U.S. Dollars, all payments are in U.S. Dollars, and all promotions are limited to U.S. customers.

Fraud Protection

Hobify uses several fraud protection services during the payment process. This may involve submitting PII to third-party companies for the purposes of fraud protection in accordance with our Privacy Policy. Their results may affect your ability to pay using many of our Authorized Payment Methods.

IF WE DETERMINE THAT YOUR ACTIONS OR PERFORMANCE MAY RESULT IN RETURNS, CHARGEBACKS, CLAIMS, DISPUTES, OR OTHER RISKS, THEN WE MAY IN OUR SOLE DISCRETION WITHHOLD THE SELLER FROM SHIPPING PRODUCTS TO YOU UNTIL THE COMPLETION OF ANY RELATED INVESTIGATION. IF WE DETERMINE THAT YOUR ACCOUNT HAS BEEN USED TO ENGAGE IN DECEPTIVE, FRAUDULENT, OR ILLEGAL ACTIVITY, THEN WE MAY IN OUR SOLE DISCRETION PERMANENTLY WITHHOLD SHIPPING ANY PRODUCTS AND CANCEL ALL PENDING TRANSACTIONS.

Chargebacks/Disputes

Any chargeback or bank charge dispute you initiate will result in immediate suspension of your privileges to access Hobify and our Services and may result in a permanent ban from using our Services. We actively dispute all chargebacks and bank charge disputes to the fullest extent of the law. We take pride in our ability to ensure that you know what you are buying, you receive what you purchase, that all disputes are handled fully and fairly, and that it was actually you that made the purchase.

To accomplish this, disputes are handled on multiple different levels. First, you and the Seller try to work it out. If either party is unhappy with the result, then you or the Seller can appeal to the Group admins/moderators in which the sale occurred for their ruling on the matter. If the issue is still unresolved, then the matter can be appealed to us. When a un-resolved dispute reaches us, we look at both sides of the story and make a decision. If we rule in the Seller's favor, you can then initiate arbitration in accordance with the Terms of Use. This verdict is binding and enforceable in court. We also use advanced fraud protection to ensure your account is never hacked or misused by someone other than you.