Terms of service
PRIME 151 COLLECTIBLES
TERMS OF SERVICE
Effective Date: August 11, 2026 Version: 3.0
Your Treasures, Our Mission.
REVISION HISTORY
- August 11, 2026 (v3.0): Full rebuild and consolidation. Added contract formation on shipment, pricing error and quantity limit provisions, reinstated pre-order terms, live selling and social commerce terms, local pickup at Hicksville, anti-bot and anti-scraping provisions, third-party intellectual property and non-affiliation notice, DMCA designated agent, conspicuous warranty disclaimer, one year limitations period, 30 day arbitration opt out, and small claims carve out. Updated retail location and channel information. Removed publicly posted tax identification numbers.
- November 23, 2025 (v2.0): Legal rebuild; arbitration, class action waiver, incorporation by reference, memorabilia and consignment provisions.
- June 1, 2025 (v1.1): General updates.
- April 1, 2025 (v1.0): Initial publication.
SECTION 1 — INTRODUCTION AND AGREEMENT TO TERMS
These Terms of Service ("Terms") form a binding legal agreement between Prime 151 Collectibles ("Prime 151," "we," "us," or "our") and you, the individual or entity ("you," "your," or "Vault Keeper") who accesses, browses, registers with, or purchases through any part of our business.
These Terms apply to all of the following, referred to collectively as the "Services":
- The website prime151.com and all subdomains, pages, and connected applications
- Our retail location at 358 Broadway Mall, Suite 460, Booth 11, Hicksville, NY 11801
- Our marketplace storefronts, including eBay, TCGplayer, CardTrader, Mana Pool, TikTok Shop, and Temu
- Our social storefronts, including Facebook, Instagram, and YouTube Shopping
- Live selling broadcasts on any platform, including Whatnot, eBay Live, TikTok Live, and any successor or additional platform
- Pop up retail, convention booths, vendor tables, and community events
- Wholesale and business to business ordering, subject additionally to the Wholesale Partner Agreement
- Email, SMS, chat, and other communications we operate
By accessing, browsing, registering with, or purchasing through any part of the Services, you acknowledge that you have read these Terms, that you agree to be bound by them, and that you agree to all policies incorporated by reference in Section 3. If you do not agree, do not use the Services.
SECTION 2 — ELIGIBILITY AND ACCEPTANCE
2.1 Age. You represent that you are at least 18 years of age, or the age of majority in your jurisdiction if that age is higher, and that you have the legal capacity to enter into a binding contract. If you are under 18, you may use the Services only with the involvement and consent of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for all activity on the account.
2.2 Age restricted products. Certain products, including but not limited to bladed items, replica weapons, lighters, mature or adult oriented artwork, and certain statues and imports, are sold only to buyers 18 years of age or older. We may require age verification and may cancel any order that fails verification.
2.3 Authority. If you accept these Terms on behalf of a business or other entity, you represent that you have authority to bind that entity, and "you" includes that entity.
2.4 Acceptance by use. Your use of the Services constitutes acceptance of these Terms whether or not you read them in full. Failure to read these Terms does not exempt you from them.
SECTION 3 — INCORPORATED POLICIES
The following policies are incorporated into these Terms by reference and carry the same force as if set out here in full:
- Return, Refund, Cancellation and Dispute Policy
- Shipping and Delivery Policy
- Privacy Policy
- Condition, Grading and Authenticity Disclosure
- Event, Ticket and Organized Play Terms
- Intellectual Property, DMCA and Automated Access Notice
- Store Credit and Trade-In Terms
- Accessibility Statement
- Wholesale Partner Agreement (applies to wholesale and business to business customers only)
Where a conflict exists between these Terms and an incorporated policy, these Terms control, except that the Wholesale Partner Agreement controls over these Terms for wholesale transactions on any point it expressly addresses.
SECTION 4 — DEFINITIONS
"Order" means a request submitted by you to purchase one or more products.
"Prestige Collectibles" means statues, sixth scale figures, dioramas, framed pieces, one of a kind items, and other high value or oversized collectibles designated by us as requiring enhanced handling.
"Sealed Product" means factory sealed trading card game or collectible product, including booster boxes, elite trainer boxes, blisters, tins, bundles, displays, and cases.
"Raw" means an ungraded, unencapsulated card, comic, or collectible.
"Graded" means an item encapsulated and assigned a numeric or descriptive grade by a third party grading service such as PSA, CGC, BGS, SGC, or CBCS.
"Consignment Item" means an item offered for sale by Prime 151 on behalf of a third party owner.
"Live Sale" means a real time broadcast sale conducted on a live selling platform.
SECTION 5 — YOUR ACCOUNT
5.1 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
5.2 You agree to provide accurate, current, and complete information, and to keep it updated. We may suspend or cancel orders placed with information we cannot verify.
5.3 You must notify us promptly at support@prime151.com of any unauthorized use of your account.
5.4 Creating multiple accounts to evade purchase limits, allocations, restrictions, bans, or any provision of these Terms is a violation of Section 20 and may result in cancellation of all associated orders and permanent termination of all associated accounts.
5.5 Accounts are personal to you and may not be sold, transferred, or shared.
SECTION 6 — ELECTRONIC COMMUNICATIONS
By using the Services, you consent to receive communications from us electronically, including by email, SMS where you have opted in, on site notices, and platform messaging. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
SMS marketing is opt in only. Message and data rates may apply. Message frequency varies. Reply STOP to opt out and HELP for help. Consent to marketing messages is not a condition of any purchase. See the Privacy Policy for full details.
SECTION 7 — PRODUCT DESCRIPTIONS, IMAGES AND CONDITION
7.1 Accuracy. We work to describe products accurately, but we do not warrant that product descriptions, images, specifications, availability, or other content are error free, complete, current, or reliable.
7.2 Images are representative. Unless a listing states that the photograph shows the exact item you will receive, product images are representative only. Stock photography, manufacturer renders, publisher artwork, and prototype images may differ from the final retail product. Colors, packaging, print runs, cover variants, packaging inserts, and manufacturer specifications may change without notice and are outside our control.
7.3 Condition and grading. Condition descriptions for raw items reflect our good faith opinion and are not a guarantee. Grading service outcomes are not guaranteed. See the Condition, Grading and Authenticity Disclosure for full detail.
7.4 Manufacturer changes. Manufacturers and publishers may alter, delay, substitute, or cancel a product at any time. We are not liable for such changes.
7.5 Errors. We reserve the right to correct any error, inaccuracy, or omission in a description, image, price, promotion, or availability at any time without prior notice, including after an order has been submitted.
SECTION 8 — PRODUCT PRICING AND PRICING ERRORS
8.1 Prices. All prices are in United States Dollars and are subject to change without notice. The price that applies to your order is the price displayed at the time we accept your order under Section 9.
8.2 Invitation to purchase. Prices and product listings are an invitation to submit an order, not a binding offer to sell.
8.3 Pricing errors. Despite our efforts, a product may be listed at an incorrect price or with incorrect information. If a product's correct price is higher than the listed price, we may, at our sole discretion, either contact you for instructions before shipping or cancel the order and notify you. We are not obligated to sell a product at an incorrect price, even after an order confirmation has been sent, because a confirmation is not acceptance under Section 9.
8.4 Taxes. Applicable sales tax is calculated and collected at checkout based on the shipping or pickup destination and applicable law. Wholesale and resale exemptions require valid documentation on file in advance. See the Wholesale Partner Agreement.
8.5 Tariffs, duties and surcharges. Import duties, tariffs, and similar charges assessed on goods we purchase may be reflected in product pricing. Where such charges apply to an international shipment, they are the responsibility of the recipient.
8.6 Price adjustments. We do not price match. We do not offer retroactive price adjustments on completed orders except where required by law or offered in writing as part of a specific promotion.
8.7 Promotions. Discount codes, promotions, and offers may be limited by time, quantity, product, channel, or customer, may not be combined unless stated, have no cash value, and may be modified or withdrawn at any time. Codes obtained through unauthorized channels are void.
SECTION 9 — ORDER ACCEPTANCE AND CONTRACT FORMATION
9.1 Your submission of an order is an offer to purchase. An automated order confirmation, a payment authorization, an emailed receipt, or a charge to your payment method is an acknowledgment that we received your order. None of these constitute our acceptance of your offer.
9.2 A contract of sale is formed only when we ship the item, or, for local pickup orders, when we notify you that the order is ready for pickup, or, for in person sales, at the point of sale.
9.3 Until that moment, we may decline, limit, or cancel your order in whole or in part for any lawful reason, including but not limited to: pricing or listing errors, product unavailability, allocation reductions, suspected fraud, unverifiable information, purchase limit violations, prohibited resale, prior policy violations, or the buyer being located in a jurisdiction we do not serve.
9.4 If we cancel a paid order or any part of it, we will refund the affected amount to the original payment method. That refund is your sole and exclusive remedy for a cancelled order.
9.5 We exercise the rights in this Section in compliance with all applicable non discrimination laws.
SECTION 10 — QUANTITY LIMITS AND ALLOCATION
10.1 Sealed Product, graded items, exclusives, limited releases, event exclusives, and allocated releases are limited, frequently non replaceable, and subject to distributor and manufacturer allocation.
10.2 We may, at our sole discretion and without prior notice: impose per customer, per household, per address, or per payment method purchase limits; restrict purchases by region, channel, or account standing; fulfill orders partially; and prioritize allocation among customers.
10.3 Placing an order does not guarantee product. Allocation shortfalls are resolved by refund of the affected amount.
SECTION 11 — PAYMENT, FRAUD SCREENING AND INSTALLMENT PROVIDERS
11.1 Accepted methods. We accept payment through Shopify Payments, Shop Pay, PayPal, Venmo, major credit and debit cards, in store card and cash payment at our retail location, marketplace managed payments on the platforms where we sell, and installment providers where offered. Available methods vary by channel and may change.
11.2 Authorization. You represent that you are authorized to use the payment method you provide. You authorize us and our payment partners to charge that method for the total order amount, including tax and shipping.
11.3 Authorization holds. We or our processors may place a temporary authorization hold or issue a small verification charge to confirm a payment method. Holds are released and verification charges refunded in the ordinary course.
11.4 Fraud screening. We may delay, hold, review, or cancel any order that shows indicators of fraud or abuse, including mismatched billing and shipping details, unverifiable contact information, high risk or unauthorized payment methods, freight forwarder destinations, an unusual pattern of disputes, or prior policy violations.
11.5 Installment providers. Where buy now pay later or installment financing is offered, your installment agreement is solely between you and the financing provider. We are not responsible for financing approvals or declines, interest, late fees, credit reporting, or disputes with the provider. Provider fees are not refundable by us. An installment agreement does not modify these Terms or the Return, Refund, Cancellation and Dispute Policy.
11.6 Failed payment. If a payment fails, is reversed, or is declined after fulfillment has begun, you remain responsible for the full amount owed plus any costs we reasonably incur in collection.
SECTION 12 — PRE-ORDERS AND BACKORDERS
12.1 Nature of a pre-order. A pre-order reserves a place in line for a product that has not yet been released or received. Pre-orders are subject to allocation and are not guaranteed.
12.2 Release dates. Release dates are supplied by manufacturers, publishers, and distributors and are estimates. They change frequently. We are not liable for manufacturer or distributor delays, product revisions, packaging changes, or cancellations.
12.3 Charging. Unless a listing states otherwise, pre-orders are charged at the time the order is placed. Where a listing designates a deposit, the balance is charged before shipment.
12.4 Allocation shortfall. If a manufacturer or distributor reduces or cancels our allocation, we will notify you and either adjust your order or refund the affected amount. A refund is your sole and exclusive remedy.
12.5 Cancellation. Pre-order cancellation rights and fees are set out in the Return, Refund, Cancellation and Dispute Policy.
12.6 Combined shipping. An order containing a pre-order item ships when all items in that order are available, unless you request and pay for split shipment.
12.7 Pre-order abuse. Speculative pre-ordering, mass pre-ordering with intent to cancel, and pre-ordering to manipulate allocation are violations of Section 20.
SECTION 13 — WAITLIST AND NOTIFICATION REQUESTS
Joining a waitlist, restock alert, or notification list does not reserve product, create a purchase obligation, guarantee availability, or guarantee price. Notifications are sent on a best effort basis. Product remains available on a first come, first served basis unless we state otherwise.
SECTION 14 — LOCAL PICKUP
14.1 Local pickup is available at 358 Broadway Mall, Suite 460, Booth 11, Hicksville, NY 11801 when offered at checkout.
14.2 Pickup orders are typically ready within 24 hours. We will notify you when your order is ready. Do not travel to the location before you receive that notice.
14.3 Government issued photo identification matching the order name is required. You may authorize a specific alternate pickup person in writing in advance.
14.4 Uncollected orders. If an order is not collected within 30 calendar days of the ready notice, we may return the items to inventory and refund the order, less any applicable restocking fee under the Return, Refund, Cancellation and Dispute Policy.
14.5 Risk of loss for a pickup order passes to you when the order is handed to you or your authorized designee.
14.6 Our retail location is not a mailing address, not a legal notice address, and does not accept returns, drop offs, or carrier deliveries. Unauthorized drop offs will be refused. See the Contact Information page for the correct mailing address.
SECTION 15 — EVENTS, ORGANIZED PLAY AND TICKETS
Tournaments, draft nights, paint nights, release events, and other in person events are governed additionally by the Event, Ticket and Organized Play Terms, including the rules on entry fees, seat transfers, cancellations, conduct, minors, and photography.
SECTION 16 — LIVE SELLING AND SOCIAL COMMERCE
16.1 We may conduct sales through live broadcast platforms and social storefronts. Sales conducted on a third party platform are additionally governed by that platform's terms, buyer protection rules, and dispute processes.
16.2 Where a platform's mandatory buyer protection or return rules conflict with our policies, the platform's rules control for that transaction only, and only to the extent the platform requires.
16.3 Bids, claims, and purchases made during a Live Sale are binding. Non payment for a claimed item may result in loss of purchasing privileges across all our channels.
16.4 Live broadcasts are recorded. See Section 24 regarding user generated content and the Privacy Policy regarding your appearance in recordings.
16.5 Where we open, break, or reveal Sealed Product during a broadcast, the outcome of that opening is random. Dissatisfaction with the result of any pack, box, or break is not a basis for a return, refund, or claim.
SECTION 17 — CONSIGNMENT ITEMS
17.1 Some items are offered on consignment on behalf of a third party owner. Consignment items may ship from our facility or from the consignor's registered location.
17.2 Consignment items are final sale except for verified shipping damage documented under the Return, Refund, Cancellation and Dispute Policy.
17.3 Consignors warrant that they hold clear title and that items are authentic and accurately described. Misrepresentation by a consignor is fraud under Section 20 and may be reported to law enforcement and to affected platforms.
SECTION 18 — MEMORABILIA, AUTOGRAPHS AND AUTHENTICATION
18.1 Sourcing. Signed and unsigned memorabilia is sourced from licensed manufacturers, authorized distributors, certified signing events, recognized authentication providers, and documented private consignment.
18.2 Authenticity basis. Authenticity is established by certification from PSA, JSA, Beckett, CGC Signature Series, or an equivalent recognized service; certificates of authenticity from licensed manufacturers or authorized signings; and our internal chain of custody records.
18.3 We do not create signatures. We do not recreate, forge, autopen, or alter signatures under any circumstance.
18.4 Natural variation. Variation in ink flow, stroke, pressure, placement, angle, marker type, and certificate or hologram version is normal and does not constitute a defect.
18.5 Chain of custody. We maintain timestamped intake photography, packing verification photography, and validation logs. Tampering with, swapping, or altering an item voids all protections and is fraud under Section 20.
18.6 Limits. We are not responsible for authentication disputes arising after the item leaves our possession, third party re authentication outcomes, subjective grading opinions, environmental or handling damage after delivery, or changes in market value.
18.7 Memorabilia and autographed items are final sale except for verified shipping damage.
SECTION 19 — SHIPPING, RISK OF LOSS AND RETURNS
Shipping methods, processing times, insurance, and the transfer of risk of loss are governed by the Shipping and Delivery Policy. Returns, refunds, cancellations, and payment disputes are governed by the Return, Refund, Cancellation and Dispute Policy. Both are incorporated into these Terms.
SECTION 20 — LIMITATIONS OF USE AND ANTI-ABUSE
We maintain zero tolerance for the following. Any of these may result in order cancellation, forfeiture of non refundable amounts, purchase restrictions, account suspension or permanent termination, reporting to payment processors, marketplaces, and law enforcement, and civil action:
20.1 Order and checkout abuse. Repeated ordering and cancellation, use of multiple accounts or addresses to evade limits, use of stolen or unauthorized payment credentials, and abuse of promotional codes.
20.2 Pre-order abuse. Speculative or mass pre-ordering with intent to cancel, and manipulation of allocation.
20.3 Return abuse. Repeated unfounded claims, wardrobing, false damage claims, and return of a substituted, altered, or different item than the one shipped.
20.4 Authentication tampering. Removing, swapping, altering, or reapplying certification labels, holograms, slabs, or seals.
20.5 Payment and dispute abuse. Filing a chargeback or payment dispute without first contacting support@prime151.com and allowing a reasonable opportunity to resolve the matter, filing a dispute on a delivered and undamaged order, and coordinating disputes across accounts.
20.6 Identity and consignment fraud. Misrepresentation of identity, resale status, tax exemption, or the provenance of a consigned item.
20.7 Conduct. Threats, harassment, discriminatory conduct, impersonation, or abuse directed at our staff, our community, or other customers, in any channel including in store, on stream, and on social media.
20.8 Prohibited resale. Purchasing for resale in violation of a stated restriction, and reselling in a manner that violates manufacturer minimum advertised price requirements where those requirements apply to you.
SECTION 21 — PROHIBITED USES, BOTS AND AUTOMATED ACCESS
21.1 You may not use the Services for any unlawful, fraudulent, harmful, or unauthorized purpose, or in violation of any local, state, federal, or international law.
21.2 You may not, and may not permit any third party to:
- Use any robot, bot, spider, scraper, crawler, headless browser, automated script, checkout automation, or other automated means to access, monitor, copy, or purchase from the Services
- Copy, extract, harvest, index, or reproduce our product images, photography, descriptions, listings, pricing, inventory data, or any portion of our catalog, whether manually or by automated means
- Use our content, images, or data to train, fine tune, or ground any machine learning model, dataset, or generative system
- Circumvent, disable, or interfere with any security, rate limiting, access control, or purchase limit feature
- Reverse engineer, decompile, or attempt to derive the source code of any part of the Services
- Introduce malware or any other harmful code
- Impose an unreasonable load on our infrastructure
- Frame, mirror, deep link, or hotlink any part of the Services or our media without our prior written permission
- Use our trademarks, brand names, or listing content in advertising, keyword bidding, or metadata without written permission
21.3 We may block, rate limit, or terminate access to enforce this Section without notice, and may pursue all available legal remedies, including under the federal Computer Fraud and Abuse Act and applicable state law.
SECTION 22 — OUR INTELLECTUAL PROPERTY
22.1 All content on or made available through the Services, including but not limited to our original product photography, listing copy, descriptions, condition notes, videos, broadcasts, graphics, logos, icons, page layout, design, lore and world building copy, collection and catalog structure, and the compilation and arrangement of all of it, is the property of Prime 151 Collectibles or its licensors and is protected by United States and international copyright, trademark, trade dress, and other intellectual property law.
22.2 The marks Prime 151 Collectibles, Prime 151, Prime Collectibles, PrimeVaultTCG, The Vault, Vault Keeper, our motto "Your Treasures, Our Mission," and our logos and brand elements are our trademarks and trade dress, whether registered or unregistered. Nothing in these Terms grants you any license to use them.
22.3 Limited license to you. We grant you a limited, revocable, non exclusive, non transferable, non sublicensable license to access and use the Services for your own personal, non commercial purposes. This license does not include any right to resell, reproduce, distribute, publicly display, create derivative works from, download except through ordinary browser caching, or commercially exploit any part of the Services or its content.
22.4 Our original photography is created at our expense to represent the specific items we sell. Unauthorized reproduction of our photography in a competing listing, on a marketplace, in an advertisement, or in a dataset is copyright infringement, and we pursue it, including by takedown notice to the hosting platform and by claim for statutory damages where available.
22.5 Any use not expressly permitted terminates the license granted in this Section immediately.
SECTION 23 — THIRD-PARTY INTELLECTUAL PROPERTY AND NON-AFFILIATION
23.1 We sell authentic, lawfully acquired products manufactured and published by third parties. All character names, titles, logos, artwork, trade dress, and trademarks appearing on those products are the property of their respective owners.
23.2 Prime 151 Collectibles is an independent retailer. We are not affiliated with, endorsed by, sponsored by, or licensed by any manufacturer, publisher, studio, league, or rights holder whose products we sell, including but not limited to The Pokémon Company, Nintendo, Wizards of the Coast, Hasbro, Marvel, DC Comics, Disney, Lucasfilm, Bandai, Mattel, Funko, McFarlane Toys, Konami, Sideshow, Games Workshop, and any other rights holder.
23.3 All third party names and marks are used solely for the purpose of accurately identifying the products we offer for sale, which is a nominative use permitted under United States trademark law.
23.4 Products are covered by their manufacturer's warranty, if any. We are not the manufacturer and make no warranty on the manufacturer's behalf.
23.5 If you are a rights holder and believe a listing misuses your intellectual property, contact us at contact@prime151.com and see the Intellectual Property, DMCA and Automated Access Notice.
SECTION 24 — USER-GENERATED CONTENT AND FEEDBACK
24.1 If you submit or post reviews, photographs, videos, comments, testimonials, tags, chat messages, or other content through the Services or in connection with them, you grant Prime 151 a non exclusive, worldwide, royalty free, perpetual, irrevocable, sublicensable, transferable license to use, reproduce, adapt, publish, translate, distribute, and display that content in any medium for business and marketing purposes, without compensation or attribution.
24.2 You represent that you own or control all rights in the content you submit, that it is accurate, and that it does not infringe any third party right or violate any law.
24.3 You may not submit content that is unlawful, defamatory, obscene, harassing, hateful, deceptive, infringing, or that contains another person's private information.
24.4 We are not obligated to publish, monitor, or retain any submitted content, and may remove or refuse any content at our sole discretion.
24.5 Unsolicited ideas, suggestions, and feedback about our business are provided to us without expectation of confidentiality or compensation, and we may use them freely.
24.6 If you appear in an in store photograph, event photograph, or live broadcast, you consent to our use of that footage for business and marketing purposes. To request removal, contact support@prime151.com.
SECTION 25 — COPYRIGHT INFRINGEMENT AND DMCA NOTICE
We respond to notices of alleged copyright infringement consistent with the Digital Millennium Copyright Act. Full notice requirements, counter notice procedure, our designated agent's contact information, and our repeat infringer policy are set out in the Intellectual Property, DMCA and Automated Access Notice, incorporated by reference.
SECTION 26 — THIRD-PARTY SERVICES AND LINKS
26.1 We use third party applications, analytics, marketing integrations, payment processors, authentication services, shipping carriers, insurers, and marketplace systems. These are provided as is and we make no warranty regarding them.
26.2 The Services may link to third party websites and services we do not control. We are not responsible for their content, policies, availability, or practices, and a link is not an endorsement. Your dealings with any third party are solely between you and that third party.
SECTION 27 — ARTIFICIAL INTELLIGENCE FEATURES
We may use artificial intelligence tools to assist with listing drafts, product descriptions, customer support responses, translations, imagery enhancement, and internal operations. AI generated output may contain errors. Nothing produced by such a tool constitutes a warranty, a guarantee of authenticity, an appraisal, or professional advice. Where a discrepancy exists between an AI assisted description and the actual item, the actual item and our stated policies control. Our use of AI does not change your rights under these Terms.
SECTION 28 — ACCESSIBILITY
We are committed to making the Services usable by everyone, including people with disabilities, and we work toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you encounter a barrier, contact support@prime151.com so we can assist you and address the issue. See the Accessibility Statement.
SECTION 29 — PRODUCT RECALLS AND SAFETY
If a product we sold is recalled, we will make reasonable efforts to notify affected customers using the contact information on file. Recall remedies are administered by the manufacturer or under federal or state guidelines, and our role is limited to facilitation. Collectible products are not children's toys unless expressly labeled as such by the manufacturer, and small parts may present a hazard.
SECTION 30 — FORCE MAJEURE
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, fire, flood, severe weather, earthquake, epidemic or pandemic, war, terrorism, civil unrest, labor disputes or shortages, carrier disruption, supplier or distributor failure, manufacturing or allocation shortfall, utility or telecommunications outage, cyberattack, and government action or restriction.
SECTION 31 — DISCLAIMER OF WARRANTIES
31.1 THE SERVICES AND ALL PRODUCTS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
31.2 TO THE FULLEST EXTENT PERMITTED BY LAW, PRIME 151 COLLECTIBLES DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
31.3 WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF HARMFUL COMPONENTS.
31.4 WE MAKE NO WARRANTY OR REPRESENTATION AS TO INVESTMENT VALUE, FUTURE MARKET VALUE, APPRECIATION, GRADING OUTCOME, OR RESALE PRICE OF ANY ITEM. COLLECTIBLES ARE NOT AN INVESTMENT PRODUCT AND WE DO NOT PROVIDE INVESTMENT ADVICE.
31.5 No advice or information, whether oral or written, obtained from us or through the Services creates any warranty not expressly stated in these Terms.
31.6 Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions above apply to the fullest extent permitted by law, and any implied warranty that cannot be disclaimed is limited in duration to thirty (30) days from delivery.
SECTION 32 — LIMITATION OF LIABILITY
32.1 TO THE FULLEST EXTENT PERMITTED BY LAW, PRIME 151 COLLECTIBLES AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, COLLECTION VALUE, OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR ANY PRODUCT, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
32.2 WE ARE NOT LIABLE FOR: CARRIER DELAY, LOSS, OR DAMAGE; THEFT OR LOSS AFTER A DELIVERY SCAN; INCORRECT OR INCOMPLETE ADDRESSES SUPPLIED BY YOU; REFUSED OR UNDELIVERABLE SHIPMENTS; THIRD PARTY RESHIPPING OR FREIGHT FORWARDING; GRADING OR AUTHENTICATION OUTCOMES; ENVIRONMENTAL OR HANDLING DAMAGE AFTER DELIVERY; MISSED EVENTS, GIFT DEADLINES, OR SUBMISSION DEADLINES; OR MARKET VALUE CHANGES.
32.3 OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO US FOR THE SPECIFIC PRODUCT OR TRANSACTION GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
32.4 Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, personal injury or death caused by our negligence, or any liability that cannot be limited under applicable law.
32.5 Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability is limited to the fullest extent permitted by law.
32.6 These limitations apply even if a limited remedy fails of its essential purpose.
SECTION 33 — INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Prime 151 Collectibles and its owners, officers, employees, contractors, agents, suppliers, and licensors from and against any claim, demand, loss, liability, damage, fine, cost, or expense, including reasonable attorneys' fees, arising out of or relating to: your breach of these Terms or any incorporated policy; your misuse of the Services; content you submit; your violation of any law or any third party right; your resale or further distribution of any product purchased from us; and any activity conducted under your account.
SECTION 34 — TERMINATION AND SURVIVAL
34.1 We may suspend, restrict, or terminate your access to the Services and close your account at any time, with or without notice, for violation of these Terms, suspected fraud or abuse, provision of false information, security concerns, or conduct we reasonably determine to be harmful to us, our staff, or our community.
34.2 Termination does not relieve you of any payment obligation incurred before termination, and does not entitle you to a refund of any non refundable amount.
34.3 The following survive termination: Sections 8, 9.4, 11.6, 17, 18, 20 through 27, and 31 through 40, together with any other provision that by its nature should survive.
SECTION 35 — DISPUTES, MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS.
35.1 Informal resolution first. Before initiating arbitration, you agree to first send a written notice of dispute to support@prime151.com describing the claim and the relief sought, and to allow thirty (30) days for good faith resolution. We will do the same before initiating any claim against you. This step is a condition precedent to arbitration.
35.2 Agreement to arbitrate. Except as set out in Sections 35.4 and 35.5, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any product, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved exclusively by final and binding individual arbitration, and not in court.
35.3 Rules and forum. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. The arbitration will be held in Nassau County, New York, or, at your election, in the county of your residence, by telephone, by videoconference, or on written submissions only. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. The arbitrator has authority to award any relief available in court on an individual basis, including statutory damages and attorneys' fees where a statute provides for them. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
35.4 Small claims carve out. Either party may bring an individual claim in small claims court in a court of competent jurisdiction, so long as the claim remains in that court and on an individual basis.
35.5 Injunctive relief carve out. Either party may seek injunctive or equitable relief in court to protect intellectual property rights, confidential information, or to stop unauthorized access to or use of the Services, without first proceeding to arbitration.
35.6 CLASS ACTION WAIVER. ARBITRATION AND ANY COURT PROCEEDING PERMITTED BY THIS SECTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. YOU AND PRIME 151 EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, MASS ARBITRATION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding. If this Section 35.6 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the remainder of this Section 35 remains in force.
35.7 JURY TRIAL WAIVER. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND PRIME 151 EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.
35.8 YOUR RIGHT TO OPT OUT. You may opt out of this arbitration agreement, the class action waiver, and the jury trial waiver. To opt out, send written notice within thirty (30) days of the date you first accept these Terms, stating your full name, the email address and order number associated with your account, and a clear statement that you wish to opt out of the arbitration agreement, to:
Prime 151 Collectibles, Attn: Arbitration Opt-Out 192 Merritts Rd, Ste B, PMB 311, Farmingdale, NY 11735 or by email to support@prime151.com with the subject line "Arbitration Opt-Out."
Opting out has no effect on your account, your orders, or your relationship with us, and we will not retaliate in any way. If you opt out, Section 36 governs and disputes proceed in court on an individual basis.
35.9 Severability of this Section. If any part of this Section 35 other than 35.6 is found unenforceable, that part is severed and the remainder stays in force.
35.10 Survival. This Section survives termination of these Terms and closure of your account.
SECTION 36 — GOVERNING LAW AND VENUE
These Terms and any dispute arising out of them are governed by the laws of the State of New York, without regard to its conflict of law principles, and by applicable United States federal law. For any claim not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Nassau County, New York, and waive any objection to that venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
SECTION 37 — LIMITATIONS PERIOD
To the fullest extent permitted by law, any claim arising out of or relating to these Terms, the Services, or any product must be filed within one (1) year after the claim arose, or it is permanently barred.
SECTION 38 — INTERNATIONAL ACCESS AND EXPORT CONTROL
38.1 The Services are operated from the United States. We do not represent that the Services or any product are appropriate or available outside the United States.
38.2 Where we ship internationally, the recipient is the importer of record and is responsible for all duties, taxes, customs charges, and compliance with local import law. Customs inspection and delay are outside our control. Certain products cannot be exported due to licensing, size, hazardous materials, or import restriction.
38.3 You represent that you are not located in, under the control of, or a national or resident of any country or territory subject to United States embargo, and that you are not on any United States government restricted party list, including the OFAC Specially Designated Nationals list or the Commerce Department Denied Persons or Entity List.
SECTION 39 — MODIFICATIONS TO THESE TERMS
We may modify these Terms at any time by posting an updated version with a new Effective Date. Material changes will be identified in the Revision History. The version in effect at the time you place an order governs that order. Your continued use of the Services after an update constitutes acceptance of the updated Terms. If you do not agree, stop using the Services and close your account.
SECTION 40 — GENERAL PROVISIONS
40.1 Entire agreement. These Terms and the incorporated policies are the entire agreement between you and Prime 151 regarding the Services, and supersede all prior agreements and understandings.
40.2 Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary to be enforceable, or severed, and the remaining provisions stay in full force.
40.3 No waiver. Our failure to enforce any provision is not a waiver of that provision or of any other.
40.4 Assignment. You may not assign these Terms without our written consent. We may assign them freely, including in connection with a merger, acquisition, or sale of assets.
40.5 No third party beneficiaries. These Terms create no rights in any third party, except that our owners, officers, employees, contractors, agents, suppliers, and licensors are intended beneficiaries of Sections 31, 32, and 33.
40.6 Headings. Headings are for convenience only and do not affect interpretation.
40.7 Interpretation. "Including" means "including without limitation." These Terms will not be construed against the drafting party.
40.8 Notice. Legal notice to us must be sent to the mailing address in Section 41. Notice to you may be given to the email address on your account.
SECTION 41 — CONTACT AND LEGAL NOTICE
Prime 151 Collectibles
Mailing and Legal Notice Address (the only address for mail, returns, and legal notice): 192 Merritts Rd, Ste B, PMB 311 Farmingdale, NY 11735
Retail Location (not a mailing, return, or delivery address): 358 Broadway Mall, Suite 460, Booth 11 Hicksville, NY 11801
Customer Support and Claims: support@prime151.com General, Vendor, Wholesale and Legal Inquiries: contact@prime151.com Website: prime151.com
Prime 151 Collectibles is a registered New York business. Tax identification and resale documentation is furnished privately to verified wholesale partners, vendors, and tax authorities on request.
SECTION 42 — ACKNOWLEDGMENT
By using any part of the Services, placing an order, attending an event, purchasing in store, or purchasing through any marketplace, social storefront, or live broadcast we operate, you acknowledge and agree that:
- You have had the opportunity to read these Terms and all incorporated policies
- You accept the Return, Refund, Cancellation and Dispute Policy
- You accept the Shipping and Delivery Policy
- You accept the Privacy Policy
- You accept the Condition, Grading and Authenticity Disclosure
- You understand that a contract of sale is formed only on shipment, pickup readiness, or point of sale under Section 9
- You understand the arbitration agreement, class action waiver, and jury trial waiver in Section 35, and your right to opt out within 30 days
- Failure to read these Terms does not exempt you from them
If you do not agree, you are not authorized to use the Services.
Thank you for trusting the Vault.