THESE TERMS AND CONDITIONS SUPERSEDE AND REPLACE ANY INCONSISTENT STATEMENT IN ANY CASHINMYBAG MATERIALS, ADVERTISEMENT OR ON OUR WEBSITE AT WWW.CASHINMYBAG.NET.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, DO NOT SEND ANY ITEM(S) TO US.
TERMS OF SERVICE – SELLING TO US
The terms and conditions below are legally binding on you as a user of the CashinMyBag service, the CashinMyBag web site(s), and/or as a customer of OnlyBonafide, LLC (the owner of CashinMyBag) (“OnlyBonafide”), and inure to the benefit of OnlyBonafide and its successors and assigns.
Requirements for use. You must be and, by sending OnlyBonafide any property or items (individually, an “Item”, and collectively, “Items”), or otherwise conducting business with OnlyBonafide, you represent and warrant that you are:
(i) At least twenty-one (21) years of age;
(ii) The actual legal owner of any and all Items sold or attempted to be sold to OnlyBonafide or specifically authorized in writing to sell the Items to OnlyBonafide;
(iii) Unless specifically authorized in writing, acting on your own behalf and not as the agent or representative of another person; and
(iv) Intending and agreeing to be legally bound by these terms and conditions.
OnlyBonafide may request documentation or other proof of compliance with any of these requirements.
You expressly represent, warrant and agree that you have (or if acting on behalf of or as agent or representative of another person, such person has), full, legal and unencumbered title to, and ownership of, every Item that is sent or delivered by you to OnlyBonafide and that you have full authority to solely engage in the transaction with OnlyBonafide.
You agree to and will indemnify and hold harmless OnlyBonafide from and against any and all claims, suits, investigations, judgments, liabilities, obligations and damages relating to or arising out of the title to, ownership of or lien on any item sold or purported or arranged to be sold by you to OnlyBonafide.
Offer and acceptance
(i) After receipt and verification of your Item(s), OnlyBonafide will provide an e-mail offer for the purchase of your Item(s).
(ii) You will have five (5) business days to accept OnlyBonafide’s offer. You are under no obligation to accept the offer. If you reject the offer, or if the acceptance period expires, then OnlyBonafide will return your item(s) to you at our expense. In the event of mis-representation of item(s) conditions there will be a $20.00 charge per item to be returned to the customer.
(iii) Upon your acceptance, oral or written, of OnlyBonafide’s offer, you will be legally bound by such transaction, OnlyBonafide will be obligated to make payment and you will not have the opportunity or right to rescind the transaction or receive your items back from OnlyBonafide.
OnlyBonafide’s offer, after a physical evaluation of your items, may differ from our preliminary quote. A preliminary quote, prior to our receipt and verification of your Item(s), does not constitute a legally binding offer to purchase your Item(s).
OnlyBonafide has the sole and absolute discretion to fulfill or not fulfill any request for CashinMyBag materials, to make or not make an offer for any Item, or otherwise to pursue or not pursue the purchase of any Item.
You represent and warrant to OnlyBonafide that any Item(s) sent by you are authentic and that you are knowingly attempting to sell counterfeit goods. If OnlyBonafide receives an Item we deem not to be authentic, then OnlyBonafide will, upon your payment of a $20.00 return fee for any item with a preliminary quote below 1,000.00 or $50.00 for any item with an original preliminary quote above 1,000.00, send the Item back to you. In the event OnlyBonafide does not receive such payment within five (5) business days of request, then OnlyBonafide may discard or dispose of such Item.
OnlyBonafide will pay you for your Item(s) by check sent by U.S. mail or credit to your PayPal account, if directed by you in advance of payment.
Limitations of liability
(i) OnlyBonafide will have no liability for any Item while in transit or otherwise in the possession or custody of any party other than OnlyBonafide, including, without limitation, UPS or any other common carrier, customs authority or postal or delivery service. You bear the risk of loss until OnlyBonafide acknowledges receipt and verification of your Item(s), even if you send Items in materials provided by OnlyBonafide.
OnlyBonafide only insures shipments made using the UPS shipping label provided by OnlyBonafide. Shipments made using such labels will be insured by OnlyBonafide for a maximum of $1,500. If you believe such amount is insufficient, you must not send any Item(s) to OnlyBonafide unless you have insured the Item(s) for against loss in transit to OnlyBonafide for your full anticipated value. Claims of loss or damage in transit are against UPS (or other carrier), not OnlyBonafide, whether under such insurance or otherwise.
(ii) In the event of a loss or damage after OnlyBonafide acknowledges receipt and verification of an Item, OnlyBonafide’s liability will be limited to the “higher” dollar amount of an Item set forth in OnlyBonafide’s preliminary quote. You expressly acknowledge and agree that such value shall be conclusive and binding.
(iii) In order to make a claim for loss or damage of an Item, you must submit a claim to OnlyBonafide after thirty (30) days and within ninety (90) days of your mailing the Item to OnlyBonafide. Such claim must be made on the claim form provided by OnlyBonafide (available on request). OnlyBonafide will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to OnlyBonafide in accordance with the instructions on the claim form. In addition, you must submit all supporting documentation with the completed and signed claim form.
(iv) OnlyBonafide reserves the right, in its sole discretion, to reject delivery of any UPS shipment, mail, envelope, package or other material that appears damaged, opened or tampered with. Any such rejected material will be returned to you, and OnlyBonafide will have no liability for any such attempted delivery or return of any Item(s).
(v) Except as expressly provided in item (ii) above, OnlyBonafide will have and assumes no liability whatsoever, whether arising in connection with the use of the CashinMyBag service, CashinMyBag web site or materials provided by OnlyBonafide, the loss of any Item(s), or for any other reason, including, without limitation, OnlyBonafide’s own acts or omissions. OnlyBonafide will not be liable for any special, incidental, punitive, consequential or other similar damages (including, without limitation, loss of profit or opportunity).
Return insurance liability limitation. OnlyBonafide will insure any Item returned to you at the amount of two (2) times the offer made by OnlyBonafide for such Item (regardless of whether and in what amount it was insured for when mailed by you). If OnlyBonafide receives a written request from you prior to return shipment of your Item(s), OnlyBonafide will increase the amount of insurance as requested by you, provided that you also forward a sum reasonably determined by OnlyBonafide to cover insurance and administrative costs. OnlyBonafide will, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Except for such insurance obligation, OnlyBonafide will have no liability whatsoever in connection with the return of any Item to you. OnlyBonafide has no responsibility for payment by the insurance carrier, which may be less than the declared or insured value.
OnlyBonafide does not reimburse for or refund any postal expense or shipping cost paid or incurred by you, whether or not we purchase your Item(s). In the event of mis-representation of item(s) conditions there will be a $20.00 charge per item to be returned to the customer. If payments are not received within 7 business days the item(s) will become property to Cashinmybag.
Legal compliance. OnlyBonafide has instituted a legal compliance program. You may be asked for information to help us comply with such program.
Binding effect. These terms and conditions, including, without limitation, the limitations of liability herein, will be binding on you and all third parties, including, but not limited to, your successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to your transaction with OnlyBonafide. In no event will OnlyBonafide be liable to any third party, including, without limitation, any insurance carrier. OnlyBonafide will not be liable for, and you waive, any subrogation claim brought by your insurance carrier or on your behalf.
Choice of law, waiver and claims. These terms and conditions, and all OnlyBonafide transactions doing business as CashinMyBag, will be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. OnlyBonafide’s failure to exercise or enforce any right or provision of these terms and conditions will not be deemed to be a waiver of such right or provision. If any of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other terms and conditions will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CashinMyBag service or web site(s) or otherwise with OnlyBonafide must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any such claim or cause of action must be filed in the Montgomery County, Pennsylvania. OnlyBonafide will be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of the Montgomery County, Pennsylvania, including but not limited to, attorney’s fees incurred by OnlyBonafide.