TERMS & CONDITIONS
All transactions between you and American Postage Company, LLC (DBA Prison Stamp Exchange) are subject to the entire User Agreement in our Terms & Conditions, which can be found online at https://www.prisonstampexchange.com/terms-conditions. A complete copy can be mailed or faxed to you upon your request by writing to American Postage Company, 536 Woodworth Ave. Clovis, CA, 93612.
Offering Your Stamps For Sale To Us
You may only send items that you rightfully own. By sending postage stamps to American Postage Company, LLC you are providing the items for our inspection so that we may purchase them at the prices mentioned on this document and on our website https://www.prisonstampexchange.com. Stamps considered to be New Condition must be free of any dirt, debris, faults, folds or bends anywhere on the stamps or their adhesive backing and borders; otherwise they will be deemed as Usable Condition. Stamps with major damage such as tape, tears, or debris that may prohibit them from being used in the mail will not be paid for and will not be returned.
Shipping Requirements & Recommendations
You must include a copy of this Order Form, fully completed and signed with any postage stamps you send to us. Any items received by us without a completed Order Form may be returned to the sender. The sender is solely responsible for protecting against the loss of items sent to American Postage Company, LLC. We are not responsible for items until they are received and accepted by us. We recommend that you ship all items in a manner that will ensure protection against physical and moisture damage. We recommend that you adequately insure all shipments at your discretion. We recommend that all shipments be sent by a track-able delivery service. All shipping costs and expenses are the responsibility of sender. Do not send any items Pay On Delivery – they will not be accepted.
Processing Of Received Items
We typically process items received in one business day, though sometimes processing may take longer depending on the amount of items and their complexity to process. For example loose postage or large orders may take us longer to inspect. Processing times are not guaranteed. After processing received items, American Postage Company, LLC may accept the items received and make an offer to purchase the items. In any case that a sale is completed and payment is due to a seller, American Postage Company, LLC will make payment in the manner elected by the seller. Once payment is issued, American Postage Company, LLC will not return any item for which payment has been sent.
Please confirm your stamps are authentic before sending them to us. We do not purchase or knowingly sell counterfeit postage. Any counterfeit postage we receive will be surrendered to the United States Postal Inspectors Service. If you send us counterfeit postage, it will not be returned to you, and you will not be paid for it. American Postage Company, LLC will not offer to purchase any item it believes to be high risk, fraudulent, illegal, or otherwise in violation of law or the User Agreement. American Postage Company, LLC reserves the right, without notice, to report its receipt or possession of any items that are believed to be counterfeit, forged, inauthentic, stolen, subject to court order or request from a government agency or law enforcement, or are otherwise unlawful, unethical, immoral, or improper as determined by American Postage Company, LLC in its sole discretion.
Shipping and Risk of Loss
In any transaction that requires shipment, mailing, or other transport of any item from you to American Postage Company, you shall be solely responsible for costs of the shipment and all related services such as insurance coverage. Any unpaid shipments, pay on delivery, or other similar shipping methods will not be accepted by us. In the case of items being shipped to us, all risk of loss shall remain with the sender of the items until the shipped items are received and accepted by us. We recommend that you ship all items in a manner that will ensure protection against physical damage and moisture. We recommend that you adequately insure all shipments sent to us. We recommend that all shipments be sent by trackable delivery service. In the case of items being shipped to you by us, such as return items that are not purchased by us, the risk of loss shall pass from us to you when shipped items are deposited by us with the shipping company or shipping agent.
Ownership of Items
You may only send American Postage Company items that you legally own and have the right to sell. The items you send will be your property until you accept an offer from us and payment is issued to you in the manner requested or in the manner provided in this User Agreement, or until the property is abandoned under the Terms of this User Agreement. Once payment has been issued, or when you have abandoned your items as described in this User Agreement, title to each item for which payment is issued or notice of abandonment has been issued will pass to American Postage Company, LLC. All sales and other transfers are final. We will not return any property after title has passed for that property.
Representations, Warranties and Acknowledgement
When you use any of our Services, including offering items for sale, you represent and warrant to American Postage Company, LLC that you: (i) are over the age of 18, (ii) have accurately and truthfully represented your identity to us, (iii) have provided truthful and accurate information regarding all items sent to us, (iv) are the owner with the legal right to sell any items offered for sale, and (v) are not aware of any facts that would cause any transfer of the items offered for sale to be in breach of any legal obligation or prohibited by any applicable law. Further, you represent that the items you send are not counterfeit, replica, or otherwise not genuine. You acknowledge that American Postage Company is subject to laws, regulations, and administrative enforcement related to claims of theft or other improper possession or transfer of Stamps and other property. American Postage Company handles all reports of theft, and all other indications of stolen property with extreme concern for the determination of rightful ownership. We will cooperate with law enforcement in all investigations related to claims of stolen property or other improper transfer. You acknowledge and agree that any items in the possession of American Postage Company, whether or not title has passed to us, may be subject to reporting, holding periods, or surrender to law enforcement as describe in this User Agreement. You agree to hold American Postage Company, and our agents and affiliates harmless for any action we take consistent with the terms of this Agreement, including those described in our Security Measures.
Our Security Measures
All items sent to American Postage Company, LLC are subject to inspection by American Postage Company prior to offering to purchase any item. As described, American Postage Company reserves the right to decline any transaction for any reason or for no reason whatsoever. American Postage Company will not offer to purchase any item it believes to be high risk, fraudulent, illegal, or otherwise in violation of law or this User Agreement. American Postage Company reserves the right, without notice, to report its receipt or possession of any items that are believed to be counterfeit, forged, inauthentic, stolen, subject to court order or request from a government agency or law enforcement, or are otherwise unlawful, unethical, immoral, or improper as determined by American Postage Company in its sole discretion. American Postage Company may take additional actions to satisfy its internal security policies, including without limitation, authentication of a seller’s personal information through third-party sites, making copies of all stamps received, and retaining those copies indefinitely.
In the event American Postage Company cannot reasonably ascertain compliance with this User Agreement, American Postage Company may take any of the following steps with regard to such items and in order to comply with applicable law.
If you obtained your postage from any source other than the United States Post Office, please confirm they are authentic before sending them to us. We do not purchase or knowingly sell counterfeit postage. The purchase and sale of counterfeit United States postage can be a federal crime. If we receive postage that we reasonably believe to be counterfeit, we may take any steps required of us, including surrender of the postage to the United States Postal Inspectors unit. We are not responsible for any damage or loss related to our surrender of counterfeit stamps to a law enforcement or other government agency. If you send us counterfeit postage, it will not be returned to you, and you will not be paid for it.
American Postage Company may, in its sole discretion, hold any item sent to us for a period of up to 30 days after receipt, without payment to sender, and without returning the item. In the case your Stamps are subject to this discretionary 30-day hold period for security purposes, we will notify you of such discretionary security hold. If we receive a specific request from law enforcement or other governmental agency regarding the items being held, American Postage Company reserves the right to hold items beyond a 30-day period and for as long as necessary to resolve the specific request issued by law enforcement or government agency.
As an additional security measure, American Postage Company may, but is not required to, impose transaction limits on some or all sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions during a period of time (“Velocity Limits”). For security reasons, American Postage Company does not disclose its Velocity Limits or the basis for determining its Velocity Limits. Velocity Limits take into account the nature, value, and quantity of items involved in each transaction and may differ from seller to seller. If you are imposed with a Velocity Limit, American Postage Company will notify you. American Postage Company will not be liable to any Seller based on any Velocity Limit that we have established or imposed upon you.
Surrender to Law Enforcement
In the event that we receive a subpoena, warrant, or other demand from a law enforcement agency, a court, or any other regulatory agency with proper authority, American Postage Company may surrender items in our possession to such agency in order comply with applicable law. You acknowledge and agree that if your items are delivered by us to any such agency, your only recourse for damage or collection of such property shall be against such agency and not against American Postage Company or its agents or affiliates.
Any controversy or claim arising out of or relating to this User Agreement or your transactions with us, or the construction, existence, interpretation, validity, or breach of these terms and conditions shall be settled by mediation followed by arbitration administered under the rules of the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Judgment upon the award rendered by an Arbitrator may be entered in any court having jurisdiction thereof according to the terms of this Agreement. The place of the arbitration shall be Fresno, California. You acknowledge and agree that the subject matter of these Terms and Conditions involves unique collectibles, and does not involve standardized consumable goods or services.
No Guarantee and Limitation of Warranties
By using our Services, including access to information on our website, you understand and agree we offer our Services "as is" and "as available," which means that the Services might not meet your needs, be uninterrupted, timely, secure or free from errors. Furthermore, you understand and agree that use of the Services or any information obtained through the Services is done at your own discretion and risk. We do not provide any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement. IN CONJUNCTION WITH THIS LIMITATION OF WARRANTIES, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID OR RECEIVED IN PAYMENT, IF ANY, FOR USE OF PRODUCTS AND/OR SERVICES. American Postage Company WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR SERVICES, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY. UNLESS OTHERWISE EXPRESSED, American Postage Company COMPANY, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
All content and materials available from us through our website or otherwise, including but not limited to text, graphics, website name, code, forms, images and logos are the intellectual property of American Postage Company, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized.
Termination of Relationship with You
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and our Services with or without notice and for any reason or no reason whatsoever. Any suspected illegal, fraudulent or abusive activity will result in us terminating your relationship with us and may be referred to appropriate law enforcement authorities. Upon suspension or termination of your relationship with us, your right to use the Services will immediately cease, and we reserve the right to remove or delete any information that you may have on filed with us, including any account or login information.
American Postage Company, LLC is located in, and all Services are offered from, California in the United States of America. While our website can be accessed from many jurisdictions around the United States and the world, our services are intended to be used by residents of the United States. By accessing our website, you agree that the statutes, regulations and other laws of the state of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and any Services, including any purchase or sale that occurs. Furthermore, any action related to this User Agreement shall be brought in the State of California, County of Fresno, or in the Eastern District of the United States District Court. You hereby agree to personal jurisdiction in and by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts and venues.
Updated April 13, 2018