"Your #1 Beatles Source since 1977"
Updated for March 2013 (Revision: A)
Hein's Rare Collectibles®, LLC
Copyright © 2004-2013 (V130301) Beatles4me.comTM
This Agreement describes the terms and conditions applicable to your use of Our Web Site under the domain and sub-domains of www.Beatles4me.com ("Our Web Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access Our Web Site.
On Our Web Site, your User ID will be your "valid" email address. Your full name, mailing address, city, state, zip code, country and home telephone are "required" to become a member. Complete access to Our Web Site is reserved for "clients/customers" of Hein's Rare Collectibles who have established a business relationship and/or completed a successful transaction with Hein's Rare Collectibles. We reserve the right to refuse any entity from becoming a member of our community of users for any reason we deem appropriate. It is our goal to provide the "safest environment" for collectors to order some of World's Finest Rare Beatles Autographs, Records, Memorabilia and Collectibles over the internet.
Purchasing and Consigning merchandise on Our Web Site is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the services we offer are not available to children (persons under the age of 18). If you are under the age of 18, you can use our services only in conjunction with, and under the supervision of your parent(s) or legal guardian(s). If you do not qualify, please do not use Our Web Site. Furthermore, your Beatles4me.com account and/or User ID may not be placed on loan, transferred or sold to another party in any manner. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Should your email address change and you wish to have your User ID updated, upon verification using your password and other methods of validation available to us, your information will be updated, new User ID assigned, and account remain activated. In cases where the email address is no longer valid and there is no successful attempt to have the account updated, the account will then be closed and deleted from our files. If any misuse in ANY manner is detected of a registered member on Our Web Site, that member (person and/or business) will be "permanently banned forever" from ever using/accessing Our Web Site services.
Fees and Services
Browsing through "informative areas" within Beatles4me.com is free. We may in our sole discretion change some or all of our services and policies at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and Our Web Site and all taxes where applicable. Complete access to Our Web Site is reserved for "clients/customers" of Hein's Rare Collectibles who have established a business relationship and/or completed a successful transaction with Hein's Rare Collectibles. For a limited time during the initial development phase of Our Web Site, complete free access may be granted to all users without requiring any registration.
Buying Rules and Obligations
As a buyer, you are obligated to complete the transaction with Hein's Rare Collectibles or face the possibility of having your full access membership removed indefinitely. By placing an order on an item, you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless you and Hein's Rare Collectibles agree otherwise, you will become the item's lawful owner upon physical receipt of the item from us in accordance with local laws covering such transactions. Placed orders are not retractable except in exceptional circumstances, such as: when Hein's Rare Collectibles materially changes the item's description after you have made an inquiry to purchase the merchandise, or a clear typographical error is made in the description.
Deposits and Reserved Items
All items that are reserved with a deposit are considered "SOLD" to the purchaser, and it is the purchaser's contractual legal obligation to pay off the balance in full to Hein's Rare Collectibles by the mutually agreed deadline. In this situation involving a "deposit" made by you the purchaser, you become the item's pending lawful owner upon deposit made with the complete understanding that the item(s) will remain in the possession of Hein's Rare Collectibles until the balance due is paid off in full or the deadline has passed. If it is determined that the balance is NOT going to be paid off under any circumstance after the mutually agreed deadline has passed, it will be at the sole discretion of Hein's Rare Collectibles to decide which parts (if ANY) of the order will be shipped (in the case of a group of items being reserved) and/or whether a PARTIAL or FULL CREDIT toward OTHER PURCHASES from our current inventory will be granted. Again, it is at the sole discretion of Hein's Rare Collectibles to decide which of the RESERVED ITEMS will be "part" of the purchase as determined by the total amount of deposit made, and any residual monies that may be left-over once a decision has been made, will be refunded to the purchaser ONLY in the form as a CREDIT toward our current inventory. There will be NO EXCEPTIONS to this rule unless made in writing between Hein's Rare Collectibles and you the purchaser.
Consigning Rules and Obligations
You must be legally able to sell the item(s) you consign to us to list for sale on Our Web Site. If we receive a valid offer to buy your item at your stated price, you are obligated to complete the transaction through us with the buyer, unless there is an exceptional circumstance, such as the buyer fails to meet the terms of the listing (such as payment method). The "consigning percentage" that will be charged varies from item to item, and will be agreed upon in a separate and "optionally" private agreement drawn up between Hein's Rare Collectibles (the "consignee) and you (the "consignor").
Your Personal Information
Breach of Agreement
Without limiting other remedies, we may indefinitely terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. Breach of Agreement with regard to DEPOSITS made on items being RESERVED for you will result in possible indefinite termination of use of our web site and services, in addition to the sole decision of Hein's Rare Collectibles to decide which (if ANY) reserved items will be shipped with the remaining balance ONLY given to you the purchaser in the form of a CREDIT on our current inventory.
WE, OUR OWNERS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OWNERS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN NO EVENT SHALL WE, OUR OWNERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR OWNERS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If you do not agree to be bound by the terms and conditions of this Agreement and in particular this section, do not use or access Our Web Site.
You agree to indemnify and hold us and (as applicable) our owners, employees and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your consigning, purchase, solicitation of offers to purchase, and sale of items.
You and Hein's Rare Collectibles are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Hein's Rare Collectibles, P.O. Box 179, Little Silver, NJ 07739-0179 USA (in the case of Hein's Rare Collectibles) or to the email address you provide to Hein's Rare Collectibles during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Hein's Rare Collectibles during the registration process. In such cases, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
In the event a dispute arises between you and Hein's Rare Collectibles (Beatles4me.com), our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Hein's Rare Collectibles agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
We are Members of The Better Bureau Of New Jersey, and all disputes that cannot be remedied between Hein's Rare Collectibles and you will be resolved through the arbitration process and services provided by The Better Business Bureau of New Jersey. If the matter cannot be resolved through these channels, legal action may be necessary and will be exercised without limit. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction ONLY located in Monmouth Country, New Jersey. You and Hein's Rare Collectibles agree to submit to the personal jurisdiction of the courts located within Monmouth County, New Jersey. If you do not agree to be bound by the terms and conditions of this Agreement and in particular this section, do not use or access Our Web Site.
Alternative Dispute Resolution Arbitration
Alternatively, Hein's Rare Collectibles will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Monmouth County, New Jersey or another location mutually agreed upon by the parties.
All Claims between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this section by the first party to file a Claim. Should either party file an action contrary to this, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
All Rights Reserved
This Agreement shall be governed in all respects by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of Our Web Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Hein's Rare Collectibles in accordance with the section outlining "Notices", in our sole discretion. Headings provided are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The sections outlining Fees and Services with respect to fees owed for our services, Liability Limitations, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.
Any of our policies may be changed from time to time and are effective immediately after we post the changes on Our Web Site. In addition, when using particular services on Our Web Site, you agree that you are subject to any posted policies or rules applicable to services you use through Our Web Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
Gary M. Hein
c/o Hein's Rare Collectibles®, LLC
P.O. Box 179, Little Silver, NJ 07739-0179 USA
Business: (732) 224-8760, Fax: (732) 219-5940
All Artwork, Concepts, Content, Design, Beatles Memorabilia & Record Photos provided on our web site Copyright © 2004-2013 (V130301) Beatles4me.comTM All Rights Reserved.
No material from this web site may be copied, reproduced or reprinted in any manner without prior written consent.