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Purveyors of Authentic Militaria

Terms and Conditions

EMEDALS TERMS AND CONDITIONS OF USE:

Last Updated: November 12, 2020

 

These Terms and Conditions of Use ("Terms") apply to your access and use of the eMedals website, content, products, and services(the "Services"), operated and owned by eMedals Inc. (“eMedals”). Please read them carefully.

 

1. Accepting these Terms

If you access or use the eMedals Inc Services, it means you agree to be bound by all of the terms referenced below. Please read all of the terms. If you do not agree to all of the terms below, please do not use or discontinue the use of eMedals Inc Services. Please carefully review the section entitled “Limitation of Liability”, prior to accessing the Services.

eMedals Disclaimer: It is important to clarify and firmly state that eMedals does not support, sympathize, promote, or tolerate pro-Nazi statements or ideas.  We strongly prohibit statements and sentiments that may glorify or promote the ideals of Nazism. eMedals is dedicated to our initial and overriding mission; to promote a passion for collecting as well as to connect collectors on a global scale and provide a sense of integrity to dealership. For further information, please see the Social Commitment page.

 

2. Changes to these Terms

eMedals may revise these Terms & Conditions at any time without notice by updating this posting.  By use of the eMedals Inc Services, you agree to be bound by any such revisions and should therefore periodically review these Terms & Conditions to determine the current Terms to which you are bound.

 

3. License

Subject to your compliance with the Terms & Conditions, we grant you a limited, revocable, non-exclusive, non-assignable, and non-sublicensable license to access content, information and related materials that may be available through the Services. You agree that you will not license, distribute, and make derivative works, display, sell, or “frame” any part of the Services. The Services and the rights herein are, and shall remain the property of eMedals Inc. Use of the Services does not convey or grant you any ownership rights other than the limited license granted above.

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to eMedals Inc and/or its partners or applicable third parties.

 

4. Use of the Services

You are required to register for and maintain an active personal user services account (“Account”) prior to using eMedals Inc Services and participating in online auctions. You must be 18 years of age, or the age of legal majority in your jurisdiction. You may be required to submit certain Personal Data (as defined in Section 9), and when applicable, an acceptable valid payment method. You agree to maintain an accurate, complete and up to date Account. Failure to maintain an accurate, complete, and up to date Account may result in an inability to access or use the Services. You may not provide false information or create an account for anyone other than yourself, impersonate any person or entity, or otherwise mislead as to the origin of content.

You agree to maintain the security and secrecy of your Account username and password at all times. You are responsible for all use and activity on your Account. You may not authorize third parties to use your Account. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes.

 

5. AUCTION AND SALE TERMS AND CONDITIONS

eMedals Sales: "Buy Now" sales refer to those items that have a fixed sale price and are available for purchase in real time. Single or multiple items can be purchased at any given time. Buyers located in Canada are subject to applicable taxes.

 

eMedals Auctions: eMedals is pleased to offer daily auctions that have a typical duration between 7-14 days. New auctions begin throughout the week and auction lots are available for viewing throughout the course of its given auction period. During this time, a potential bidder is free to ask questions, request additional photographs, and/or forward any inquiries to eMedals staff using the question submission form on the auction page, live chat or emailing our general inbox; info@emedals.com

 

Auction Lots: Auction lots may feature a group of collectable items that in some instances some people may consider offensive. If you find one or more of the auction lots offensive, please discontinue use of eMedals.com. It is not the intention of eMedals to cause offence or insult. 

 

The majority of lots listed are classified as antique and as such are of considerable age which prevents them from being in perfect condition. Many of our lot descriptions will list any defects or damage. This is provided as a guide and any exclusion of this information should not be taken as the item is in perfect condition. The accompanying descriptions are intended to present information on the dimensions, condition, general state and age of the item(s). Not all flaws and damage are described. Lot photographs are as accurate as can be reproduced with today's technology. While these photographs can show centering, perforations, and margins, they cannot be relied upon for exact reproduction of colour. 

 

All lots are sold as authentic. For the purpose of this sale, "authentic" is defined as not faked or forged and eMedals will not knowingly sell any item that has been "repaired", "restored", "processed", "cleaned", "pressed" or "conserved" in any way without disclosure of such facts to the potential buyer. In the instance of a lot being proven to be fake or suspected to be a fake a full refund will be given. A refund will be given once the item is returned under the guidelines outlined in our Return Policy.

 

Auction Verification: In order to participate in auctions, bidders must request verification of their account by providing an image of a government issued photo ID or a recent utility bill to confirm their name and billing address. The verification process may take up to 72 hours.

 

Bidding Process: Once registered with an account on eMedals.com, as well as verified to participate in auctions, an individual may place a bid on any given auction item(s). We suggest that you bid the maximum amount that you are willing to pay for an item. Our system will place the lowest bid necessary in 1.00 dollar (USD) increments to establish your position as highest bidder. Your maximum bid reflects the amount you are willing to pay for an item.

 

eMedals reserves the right to end and/or alter the ending time of any presented auction. eMedals reserves the right to alter the description of any direct listing or live auction listing. eMedals reserves the right to remove or add photographs to any direct listing or live auction listing.

  

Bidding: The placing of a bid constitutes full acceptance of these Terms and Conditions by the bidder. The highest bidder acknowledged by eMedals shall be the buyer. In the event of any dispute between bidders, eMedals may, at its sole discretion, determine the auction winner or immediately put the lot up for sale again. eMedals' decision shall be final and binding upon all bidders. eMedals reserves the right to refuse or reject any bid which, in its opinion, is not submitted in good faith, or, as the case dictates, is not supported by satisfactory references. eMedals further reserves the right to ban any bidder from participation in its sales for any reason deemed appropriate in its sole discretion. You are responsible for closing your bidding account after each viewing and/or bidding session. eMedals will not be responsible for any unauthorized activity on your account, or any bids made from your failure to end your session properly. eMedals reserves the right to bid on any lot in the sale.

   

After the Hammer: Once an auction ends, you will receive an email stating either you have won the item or you were an unsuccessful bidder. If you were indeed the highest bidder, this email will contain a link leading you to our eMedals checkout system. Here, several shipping and payment options are available. 

   

A Buyer's Premium equal to 22% of the successful hammer price of each lot will be added to each total balance owing and is payable by the buyer as part of the total purchase price. 

 

The Buyer’s Premium percentage rate is non-negotiable.  The inclusion and rate of the Buyer’s Premium is presented on each auction product page.

 

6. Payment, Shipping and Return Policy

Sales and Payments: All pricing on eMedals.com are in United States Dollars (USD) and will be subject to applicable taxes where required by law. You agree that, as the successful bidder/winner of any of the auction lots, payment, unless otherwise privately agreed with eMedals, will be made within 14 days of the auction close. eMedals reserves the right to void a sale(s) if payment is not received within 14 days after the auction close date.

  

Until payment has been completed, eMedals will retain all items won unless otherwise agreed upon. eMedals reserves the right to require payment in full before delivery of the merchandise to the buyer. In the event a successful bidder fails to pay the charges due, eMedals reserves the right to resell the merchandise after 15 days. Users who violate the 14 day payment regulation will be unverified and banned from future auction participation. This may or may not include the communication of user details and poor standing to other international auction houses, employment of corporate collection services, and/or the relisting of the defaulted lot with user name and reason for resale.

 

Payment should be made by one of the following methods; Bank Transfer, e-transfer, Paypal, Cheque, Bank Draft, International Money Order, MasterCard or Visa.

  

PayPal is only accepted for transactions less than $1500 USD (including shipping and applicable taxes). Paypal, as an accepted method of payment, regardless of payment denomination, is only available, at the discretion of eMedals, to select countries.

 

Shipping: Shipping & Handling are added to total balances owing for lots delivered by post and are calculated based upon winning bidder location, lot weight and size, as well as method of delivery. Shipping options and costs are presented during the checkout process prior to payment submission.

 

A Hold Shipment option is also available during checkout. At this time, an auction lot or a direct sale lot may be purchased with the omission of a shipping and handling charge. This order will be held in trust at eMedals Inc offices until a subsequent order is submitted with a chosen shipping method, full payment, as well as the Release Shipment option.

  

All efforts are made to ensure that all items are correctly packaged in a secure manner in order to arrive in the same condition as offered and sold. All domestic import duties and associated charges are the responsibility of the purchaser unless otherwise agreed upon prior to the shipment date. 

 

All international orders will be shipped via either Canada Post Flat Tracked Post, Canada Post Express, or Fedex. You agree as the buyer that you accept this risk or if unwilling to accept this risk you will request a method of shipping that provides a tracking number. 

  

In the event of a lost shipment during transit, regardless of shipment method, the buyer will be responsible for total purchase and shipping price. All risk of loss shall be borne by the buyer following receipt of the order by either Canada Post or Fedex. eMedals Inc assumes no liability for merchandise lost, stolen, or damaged while in transit.  

  

Shipping Insurance is available at a rate of 2% of the specific order value, excluding shipping cost. Insurance is purchased during the online checkout process and is available for all shipment methods. In the event multiple orders are shipped in a single parcel, having utilized the Hold/Release Shipment feature, only the orders to which insurance was applied, are protected under this policy. In the event a shipment is lost or suffers from a theft during transit, a minimum period of 2 months, beginning at the date of shipment, must elapse prior to the fulfillment of the insurance policy.

 

In the event an insured item(s) is damaged during transit, to file an insurance claim with eMedals, photos must be provided to assess the amount of damage and to establish appropriate remuneration. Once complete, eMedals representatives will establish an appropriate level of financial compensation in the form of a refund or credit balance.

 

Return Policy: All items purchased from eMedals can be returned for a full monetary refund or merchandise credit providing the subsequent criteria are met:

 

1. eMedals representatives must be notified of the intention to return within 14 days after your order is received as identified by shipment tracking details.

 

2. All items must be received at eMedals head office Burlington, Ontario the same condition as at the time of purchase.

 

3. The cleaning, disassembly, damage, or tampering of the purchased item will thereby void the return policy.

 

4. The buyer will assume responsibility and risk for return shipping; however we will gladly provide advice to ensure safe and cost effective method.

 

The refund will be processed once the items have been received and reviewed at our office. 

  

In the event that an item is determined to be non-authentic, eMedals will provide a complete refund following the return of the item and in accordance with Return Policy points 2-4. If points 2 through 4 are met in full, the total sale price including initial shipping cost will be refunded or provided as a credit.

 

Authenticity Policy: All items presented on eMedals.com are offered as authentic articles. For the purpose of this sale, "authentic" is defined as not faked or forged and eMedals will not knowingly sell any item that has been "repaired", "restored", "processed", "cleaned", "pressed" or "conserved" in any way without disclosure of such facts to the potential buyer. In the instance of a lot being proven to be fake or suspected to be a fake a full refund will be given. A refund will be given once the item is returned under the guidelines outlined in our Return Policy.

 

A Certificate of Authenticity can be purchased for any item offered on eMedals.com. A Certificate of Authenticity (COA) is a formal, signed document from eMedals stating the lot is historically authentic. A COA can be purchased for $25 USD per lot during the checkout stage of order completion. Please allow for five business day for the preparation of a COA. The addition of a COA will delay the shipment of the associated order. COA special requests will not be granted. Certificates of Authenticity are not to be reproduced in any format including print or digital. 

 

7. No Representations or Warranties

 eMedals makes no representations or warranties that the Services are free of defects, viruses, other harmful components. eMedals shall not be responsible for any damages or loss that may result from the hacking or infiltration of the Services. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Services. In the event of errors in processing and/or site downtime or any other errors or delays caused to the site and/ or Service as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, eMedals reserves the right to:

 

(a) decide (prior to or after the original time set for conclusion of the online auction) to extend an online auction for a period of time (determined at eMedals discretion); and/or,

 

(b) decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time - to be determined at eMedals discretion; and/or,

 

(c) retract any Winning Bidder’s emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction; and/or,

 

(d) amend at any time prior to or during an online auction, the “start price” allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault; and/or,

 

(e) void that entire online auction transaction and open the auction again.

 

You agree to hold eMedals harmless from, and you covenant not to sue eMedals for, any claims based on the use of the Services, including claims for lost data or lost profits resulting from use of the services provided. eMedals disclaims all representations and warranties of any kind, express or implied, or statutory, not expressly set out in these terms, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, eMedals makes no representation, warranties, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services, or that the Services will be uninterrupted or error-free. eMedals does not guarantee the quality, suitability, or safety of the information provided to you. You agree to assume the risk arising out of your use of the Services. This risk remains solely with you, to the maximum extent permitted under applicable law.

  

8. Limitation of Liability 

UNDER NO CIRCUMSTANCES, INCLUDING LOST PROFITS, LOST DATA, PROPERTY DAMAGE, OR ANY OTHER DAMAGE WHATSOEVER IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF EMEDALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; EMEDALS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EMEDALS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELINACE ON THE SERVICES OR YOU INABILITY TO ACCESS OR USE THE SERVICES. EMEDALS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND EMEDALS’ REASONABLE CONTROL.

  

EMEDALS TAKES ALL POSSIBLE STEPS TO ENSURE THE QUALITY, AUTHENTICITY, SAFETY AND LEGALITY OF ITEMS ADVERTISED BUT DOES NOT PROVIDE ANY GUARANTEES; EMEDALS WILL NOT KNOWINGLY SELL ANY ITEM THAT HAS BEEN “REPAIRED”, “RESTORED”, “PROCESSED”, “CLEANED”, “PRESSED”, OR “CONSERVED” IN ANY WAY WITHOUT DISCLOSURE OF SUCH FACTS TO THE POTENTIAL BUYER. IN THE INSTANCE OF A LOT BEING PROVEN TO BE FAKE OR SUSPECTED TO BE A FAKE, A FULL REFUND WILL BE GIVEN.

 

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

  

9. Indemnity 

You will indemnify and hold harmless eMedals and its subsidiaries, affiliates, licensors, service providers, employees, agents, officers and directors, from and against any and all claims, demands, losses, liabilities, and expenses (including legal fees), arising out of or in any way connected with:

 

(a) your access to, use of, or alleged use of the Services or the services or goods obtained through your use of the Services;

 

(b) your breach or violation of any of the Terms, representations, warranties, or agreements referenced in the Terms, or any applicable law of regulation; or

 

(c) eMedals’ use of your information provided by you in your Account.

 

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter). In such an event, you agree to cooperate with our defense of that claim.

  

10. Privacy

 Your privacy is important to us. eMedals will use all commercially reasonable efforts to ensure the privacy and security of your data and Account information. When you use the Services, eMedals may collect personal data, including but not limited to, name, date of birth, e-mail, postal addresses, telephone number(s), product interest information, and payment details such as, but not limited to, credit card information. (“Personal Data”). This information is only collected with your express permission. For additional information, please visit our Privacy Policy.

 

11. Governing Law and Dispute Resolution

 You agree that the validity, operation, and performance of the Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (notwithstanding conflict of the laws rules), and both you and eMedals expressly and irrevocably attorn to the jurisdiction of the courts of Ontario with respect to any matter or claim, suit, action, or proceeding arising under or related to the Terms.

 

12. Termination 

eMedals reserves the right to terminate your access to use of the Services at any time without notice for any reason whatsoever. eMedals will not be liable to you or any third party for any termination of your access to the Services.

  

13. Questions & Contact Information

 We welcome your feedback regarding our Services. If you have any questions or suggestions regarding these Terms, please contact us at:

  

Email: info@emedals.com

Telephone: 1 (905) 634 3848

Toll  Free: 1 (844) 634 3848

 Post Mail: Unit 15, 3245 Harvester Rd, Burlington Ontario, L7N 3T7

 

 

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