Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Monmouth Sports Cards LLC, doing business as Monmouth Cards and Monmouth Sports Cards (“Monmouth,” “we,” “us,” or “our”).

They apply when you buy from us online or in any of our stores in New Jersey, Massachusetts, Connecticut, and Arizona, sell or trade items to us, submit items for grading or authentication, buy a mystery pack or a break spot, join our Collectors Club, attend our events, or use monmouthcards.com.

By placing an order, creating an account, completing a transaction in one of our stores, or otherwise using our services, you agree to these Terms. If you do not agree, please do not use our services.

Our Privacy Policy describes how we handle personal information and is separate from these Terms.

You must be able to form a binding contract to purchase from us. If you are under 18, you may use our services only with the involvement of a parent or legal guardian, who is responsible for the transaction.

Mystery packs, randomized products, break spots, and any digital pack product are available only to customers 18 years of age or older. We may decline or reverse a transaction if we reasonably believe this requirement is not met.

We may limit quantities, refuse service, cancel orders, or close accounts where we reasonably believe there is fraud, reseller abuse of purchase limits, abuse of promotions, or a violation of these Terms.

You are responsible for the accuracy of the information in your account and for activity that occurs under it. Keep your sign-in method secure and tell us promptly if you suspect unauthorized access.

We may suspend or close an account for fraud, abuse, chargeback misuse, or a material breach of these Terms. If we close an account, any Collectors Club points in it are forfeited unless applicable law requires otherwise.

We work to describe and price products accurately, but listings may contain errors and inventory may change.

If a product is listed at an incorrect price or with a materially incorrect description, we may cancel the order and refund you in full, even after you receive an order confirmation. An order confirmation is an acknowledgement that we received your order, not an acceptance of it. Acceptance occurs when we ship the item or hand it to you in store.

Product images are illustrative. For single trading cards, the item you receive is the specific item pictured or described. For sealed and factory-packaged products, images show the product type and the actual contents are determined by the manufacturer.

Prices in our stores and online may differ. A price or promotion offered in one channel does not automatically apply in the other.

Our right to cancel an order

Payment is taken when you place an order unless we state otherwise. We use third-party payment processors and do not store full payment card numbers.

You agree to pay all amounts due, including applicable taxes and shipping. If a payment is reversed or a chargeback is filed without first contacting us, we may suspend your account and pursue the amount owed.

Pre-orders and products released on a future date are charged and fulfilled as described on the product page. Manufacturer release dates and allocations change, and a delay in a manufacturer’s release is not a breach of these Terms. You may cancel an unfulfilled pre-order for a full refund at any time before it ships.

This section applies to mystery packs, repacks, randomized bundles, digital pack products, and any product where the specific item you receive is determined by chance rather than chosen by you.

Published odds and minimums

Where we publish odds, value bands, or a guaranteed minimum value for a product, those figures describe the pool as configured at the time of publication and are the complete statement of what the product offers. Any estimate of average or expected value is an estimate, not a promise about your individual purchase.

A guaranteed minimum, where offered, is a floor on the item’s estimated market value. It is not a guarantee of resale price, of a cash amount, or of any buy-back amount.

Values are estimates, not appraisals

Any value we state for an item in a mystery pack is an estimate based on third-party market data available to us at the time, and is not an appraisal, a guarantee of resale value, or financial advice. Collectible values change constantly and can fall. We are not responsible for a change in the market value of any item after a sale.

Final sale

Because the contents are revealed on opening, mystery packs and randomized products are not returnable once opened or, for digital products, once the contents are assigned, except where applicable law requires otherwise or where the product was not as described in this section.

This does not limit your rights if we send you the wrong item, an item materially different from what the product page described, or a damaged item. Those situations are covered by Section 12.

Dissatisfaction with outcome

To the fullest extent permitted by law, dissatisfaction with the specific item received from a randomized product is not a basis for a refund, exchange, or claim, provided the product performed as described in this section and on the product page. Randomness means some customers receive items worth more than they paid and others receive items worth less. That variance is the product.

A break spot entitles you to the cards pulled for your designated team, player, or slot from the specific sealed product opened in that break, and nothing more.

We do not guarantee that any spot will yield any card, any number of cards, or any value. Some spots yield nothing of significant value. That is inherent to the format.

Break spots are final sale once the break begins. Before a break begins, you may cancel a spot for a full refund.

If a break is cancelled, postponed, or cannot be completed, we will offer a refund or a spot in a comparable break at your option.

Randomization, where used, is performed by a documented process. Our records of that process are the authoritative record of the outcome. Technical issues with a stream, including interruption or loss of recording, do not invalidate a completed break, and we will provide our records of the result on request.

Cards pulled for your spot are sorted and shipped or held for collection as described at the time of purchase.

We take authenticity seriously. We inspect items we buy, and we decline items we believe to be counterfeit, altered, trimmed, recolored, or otherwise tampered with.

Graded items

For items in a third-party grader’s holder, the grade and authentication are the opinion of that grader, not ours. We do not independently re-authenticate a sealed graded item and we do not warrant a third-party grader’s opinion, its accuracy, or its consistency. Grading companies make mistakes and occasionally reverse their own determinations.

If a grader later determines that an item we sold you is not authentic, or that its holder was tampered with, see the remedy below.

Raw and ungraded items

Raw items are sold on the basis of our description and the images provided. Condition opinions on raw cards are subjective. We make no warranty that a raw item will receive any particular grade if submitted for grading, and a grading outcome you dislike is not a basis for a return.

If an item turns out not to be authentic

This section does not limit any non-waivable right you have under the New Jersey Consumer Fraud Act or other applicable law. See Section 20.

When you sell, trade, or consign an item to us, you represent and warrant that:

1. You own the item outright, or are authorized by the owner to transfer it;
2. The item is free of any lien, claim, or security interest;
3. The item is not stolen, and was not obtained by fraud;
4. To the best of your knowledge the item is authentic and has not been trimmed, recolored, restored, resealed, or otherwise altered in a way you have not disclosed to us; and
5. You have disclosed any known defect, alteration, or authenticity concern.

These representations survive the transaction. If any of them turns out to be untrue, we may reverse the transaction, recover amounts paid, and retain the item pending resolution, and Section 18 applies.

We may require government-issued identification to verify your identity for certain purchases. We visually inspect it and do not retain a copy — see our Privacy Policy.

Offers we make are based on our assessment at that time and may be withdrawn or revised before completion. An offer is not binding until the transaction is completed.

We cooperate with law enforcement regarding items reported stolen.

This section applies when you give us physical custody of items you still own — grading submissions, authentication submissions, consignment, repairs, and items left for evaluation.

Declared value

You must declare a value for each item when you submit it. The declared value determines our handling, any insurance we arrange, and the limit in this section. Declaring a value lower than an item’s actual worth will reduce what you can recover.

Our responsibility

We are not responsible for loss, damage, or delay occurring while an item is in the custody of a third-party grader, authenticator, or carrier. Those parties set their own terms and limits, which we will identify to you and assist you in claiming under.

We are not responsible for a grading outcome, a grader’s turnaround time, a grader’s fee change, or a grader’s decision to decline, downgrade, or encapsulate an item differently than expected. Grading fees are not refundable once a submission is sent.

Collection and abandonment

Items must be collected within 90 days of our notifying you that they are ready. After that we may charge reasonable storage. Items uncollected after one year, following written notice to your last known contact details, may be treated as abandoned and disposed of in accordance with New Jersey law, with any net proceeds applied first to amounts you owe us.

Shipping times are estimates. We are not responsible for carrier delays.

Risk of loss passes to you on delivery to the address you provide, or on collection in store.

If a shipment is lost or damaged in transit, contact us and we will file a carrier claim and work with you on a replacement or refund. Report a non-delivery or damaged delivery within 14 days.

You are responsible for providing a correct and secure delivery address. We are not responsible for items delivered to an address you provided incorrectly, or for theft after confirmed delivery, though we will assist with a carrier claim.

International orders may incur duties and taxes payable by you. We are not responsible for customs delays or seizures.

Our current return policy is published at our refund policy page and is posted at the point of sale in each store, as New Jersey law requires. That policy forms part of these Terms.

Regardless of any other provision, we will make it right if we got it wrong: if we send you the wrong item, an item materially different from its description, or an item damaged before it reached the carrier, contact us and we will replace it or refund you.

The following are not returnable except where applicable law requires otherwise or where Section 8 applies: opened mystery packs and randomized products; break spots once the break has begun; opened sealed product; and items altered, graded, or submitted for grading after you received them.

Refunds are issued to the original payment method unless you request store credit.

Collectors Club membership is free and voluntary. Points have no cash value, are not property, are not transferable, and cannot be sold, combined between accounts, or redeemed for cash except where applicable law requires.

We may change earn rates, reward availability, reward costs, and tier benefits. We will give reasonable advance notice of a change that reduces the value of points you have already earned.

Points may be forfeited for fraud, abuse, or account closure. Points may expire after a period of inactivity if we have disclosed that period to you.

Rewards are subject to availability and may be substituted with an item of comparable value.

Our stores and events are open to the public subject to reasonable conduct rules. We may refuse entry or ask a person to leave for harassment, theft, intoxication, abusive behavior toward staff or other customers, or disruption of an event.

Event entry fees, tournament fees, and break spot fees are described at the time of purchase. Events may be rescheduled or cancelled; we will offer a refund or transfer.

Our stores use security cameras. See our Privacy Policy.

We may photograph and film at stores and events for promotional use. Where authorization is required, we obtain it separately. Attendance alone is not a media release.

Children must be supervised by an accompanying adult.

What belongs to us

Our name, logos, store names, site design, page layouts, and the look and feel of monmouthcards.com belong to us or our licensors.

Our product photography and our written product descriptions are original works that we create, and they are protected by copyright. Every photograph of an item on this site was taken by us or for us. Every description was written by us. They are not manufacturer stock assets and they are not public domain.

Trading card images, team marks, player likenesses, and manufacturer branding belong to their respective owners and appear here only to identify the products we sell.

What you may not do

Without our prior written permission, you also may not:

1. Copy, download, or compile our listings, prices, inventory data, or catalogue in bulk, by any means;
2. Use our content, images, or descriptions to create, train, fine-tune, or evaluate a machine learning or artificial intelligence model, or to build any dataset;
3. Frame, inline-link, or embed our pages or images so they appear within another service;
4. Use our content to build or populate a competing catalogue, price list, comparison service, or inventory feed;
5. Remove, obscure, or alter any copyright notice, watermark, or attribution; or
6. Resell, license, or make our content available to a third party for any of the above.

Automated access

You may not access monmouthcards.com using any bot, crawler, spider, scraper, headless browser, script, extension, automated agent, AI agent, or other automated means, except for the search engine crawlers we permit through our robots.txt file.

You may not:

1. Circumvent, disable, or interfere with rate limiting, bot detection, CAPTCHA, access controls, or any other technical measure we use to protect the site;
2. Use proxies, residential proxy networks, IP rotation, or multiple accounts to evade a block, a rate limit, or a purchase limit;
3. Access the site through an account obtained by false information, or share account credentials to enable automated access;
4. Place orders by automated means, including checkout bots and sniping tools;
5. Impose an unreasonable load on our infrastructure; or
6. Probe, scan, or test the vulnerability of our systems.

These restrictions apply to anyone accessing the site, and they apply with full contractual force to any person who creates an account, places an order, or otherwise accepts these Terms.

What we do about it

We monitor for unauthorized copying and automated access. Where we find it we may, without notice and in any combination: block access by IP, network, device, or account; suspend or close accounts; cancel pending orders; issue takedown notices to the infringing site, its host, its registrar, and the marketplace it sells on; notify the platform of a terms violation; and pursue available legal remedies.

Our product photographs are registered with the United States Copyright Office. Infringement of a registered work may expose the infringer to statutory damages and our attorney’s fees, without us having to prove actual loss.

Where you have agreed to these Terms, unauthorized scraping and bulk copying is also a breach of this agreement, and we may seek injunctive relief and damages for that breach in addition to any copyright remedy.

Content you post

When you post a review, photograph, or other content to our site or social channels, you give us a non-exclusive, royalty-free license to use it in connection with our business. You keep ownership of your content. You confirm you have the right to post it.

If you think we got it wrong

If you believe content on our site infringes your copyright, contact us at sales@monmouthcards.com with the details required by the Digital Millennium Copyright Act and we will act promptly.

Except as expressly stated in these Terms, on a product page, or as required by law, our services and products are provided “as is” and “as available.”

To the fullest extent permitted by law, we disclaim the implied warranties of merchantability and fitness for a particular purpose. We do not disclaim the warranty of title — when we sell you an item, we warrant that we have the right to sell it.

We do not warrant that our website will be uninterrupted or error-free, that a collectible will hold or increase in value, that an item will receive a particular grade, or that a third party’s opinion about an item is correct.

Nothing we publish is investment advice. Collectibles are not financial instruments. Values fall as well as rise.

Several states limit or prohibit the exclusion of warranties and the limitation of liability. Section 20 states exactly how these Terms apply in each state where we operate.

These limitations do not apply to:

1. Death or personal injury caused by our negligence;
2. Our gross negligence, wilful misconduct, or fraud;
3. Our breach of the warranty of title;
4. Any liability that applicable law does not permit us to limit, including rights under the New Jersey Consumer Fraud Act.

These limitations apply regardless of the form of the claim and survive termination of these Terms.

To the extent permitted by applicable law, you agree to indemnify and hold harmless Monmouth Sports Cards LLC and its officers, employees, and agents against third-party claims, resulting damages, and reasonable legal expenses, but only to the extent caused by:

1. Your fraud or intentional misrepresentation in a transaction with us;
2. Your sale, trade, or submission of an item that you do not own or are not authorized to transfer or submit;
3. Content you provide that infringes another person’s intellectual property, privacy, or publicity rights; or
4. Your unlawful use of our services or intentional interference with our systems.

This provision applies only to third-party claims. It does not require you to reimburse us for your own good-faith complaint, privacy request, regulatory report, or legal claim against us.

It does not require indemnification to the extent a claim results from Monmouth’s negligence, unlawful conduct, breach of its obligations, or use of information or content beyond the authorization provided.

Monmouth will provide reasonably prompt notice of a claim and a reasonable opportunity to participate in its defense. Monmouth will not enter a settlement imposing an admission, nonmonetary obligation, or payment obligation on you without your written consent, which may not be unreasonably withheld.

Nothing in this provision waives rights or remedies that applicable law does not permit you to waive.

Talk to us first

Most problems are solved with an email. Before starting a formal proceeding, send a written description of the dispute and the resolution you want to sales@monmouthcards.com. We will respond within 30 days. This step is required of both of us.

Arbitration

If we cannot resolve the dispute, it will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except as stated below.

Arbitration will take place in Monmouth County, New Jersey, or by telephone or video at your election, or in the county where you live if you prefer. We will pay the arbitration filing, administration, and arbitrator fees for any claim up to $10,000 unless the arbitrator finds the claim frivolous.

Exceptions

Either of us may bring a claim in small claims court instead. Either of us may seek injunctive relief in court for intellectual property misuse or unauthorized access to our systems.

Class action waiver

Arbitration will be conducted on an individual basis. Class, collective, and representative proceedings are not permitted in arbitration. If this class action waiver is found unenforceable as to a particular claim, that claim proceeds in court and the rest of this section still applies to all other claims.

This waiver does not apply to a public injunctive relief claim that applicable law does not permit to be waived.

How to opt out

We operate retail stores in New Jersey, Massachusetts, and Connecticut, are opening in Arizona, and ship nationwide. Several states give consumers rights that cannot be waived by contract. Where a provision of these Terms conflicts with a non-waivable right in your state, your state’s law controls and the provision is limited accordingly.

The statements below identify specifically how these Terms apply in each state, as N.J.S.A. 56:12-16 requires for New Jersey and as good practice everywhere else.

New Jersey

For consumers in New Jersey, the following apply and take precedence over anything in these Terms that reads more broadly:

1. Sections 16 and 17 do not limit our liability for death or personal injury caused by our negligence, for our own gross negligence, wilful misconduct, or fraud, or for any claim under the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. Those provisions are not enforceable against a New Jersey consumer to that extent.
2. Section 18 does not require a New Jersey consumer to indemnify us against our own negligence or wrongdoing.
3. Nothing in these Terms waives a New Jersey consumer’s right to recover attorney’s fees or costs where a statute provides for them, or limits the statutory period in which a claim may be brought.
4. Our refund policy is posted at each point of sale in our New Jersey stores and at our refund policy page, as N.J.S.A. 56:8-2.16 requires.
5. The limitation in Section 10 on our liability for items in our custody does not apply to our gross negligence or wilful misconduct.

Massachusetts

For consumers in Massachusetts:

1. The implied warranty of merchantability applies to goods we sell you and cannot be disclaimed. Section 16 is inoperative in Massachusetts to that extent.
2. A final-sale policy does not apply to defective goods. Our final-sale terms in Sections 6, 7, and 12 do not limit your right to return goods that are defective or not as described.
3. Nothing in these Terms limits your rights under the Massachusetts Consumer Protection Act, M.G.L. c. 93A, including the right to multiple damages and attorney’s fees.
4. Our refund policy is disclosed clearly and conspicuously before purchase, as 940 CMR 3.13 requires. Disclosure on a receipt is not sufficient and we do not rely on it.
5. Sections 17 and 18 do not limit our liability for our own gross negligence, wilful misconduct, or fraud, or require you to indemnify us against our own wrongdoing.

Before bringing a claim under c. 93A, please send us the written demand that statute contemplates, so that we have the opportunity to make it right.

Connecticut

For consumers in Connecticut:

1. Connecticut restricts the disclaimer of implied warranties on consumer goods. To the extent Conn. Gen. Stat. § 42a-2-316 limits or voids such a disclaimer, Section 16 does not apply to you.
2. Nothing in these Terms limits your rights under the Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. § 42-110a et seq., including punitive damages and attorney’s fees where a court awards them.
3. A final-sale policy does not apply to defective goods or goods not as described.
4. Sections 17 and 18 do not limit our liability for our own gross negligence, wilful misconduct, or fraud.

Arizona

For consumers in Arizona:

1. Nothing in these Terms limits your rights under the Arizona Consumer Fraud Act, A.R.S. § 44-1521 et seq.
2. Sections 17 and 18 do not limit our liability for our own gross negligence, wilful misconduct, or fraud, or require you to indemnify us against our own wrongdoing.

All other states

We ship nationwide. If you buy from us in a state not listed above, the mandatory consumer protection law of your state of residence applies to you regardless of anything in these Terms, including any non-waivable warranty right, refund right, or remedy. Where a provision here conflicts with such a right, that provision is limited to the extent necessary and the rest of these Terms remain in effect.

This includes, without limitation, rights under the California Consumer Legal Remedies Act and Song-Beverly Consumer Warranty Act, and the New York General Business Law, for residents of those states.

Which state’s law applies to your purchase

• Bought in one of our stores: the consumer protection law of the state where that store is located applies, in addition to the general terms here.
• Bought online: these Terms are governed by New Jersey law as stated in Section 21, and the mandatory consumer protection law of your state of residence also applies.

Severability

If a provision of these Terms is found unenforceable, it is modified to the minimum extent necessary to make it enforceable, or severed if it cannot be. The remaining provisions stay in effect. Severance of one provision does not affect any other.

Governing law. These Terms are governed by the laws of the State of New Jersey, without regard to conflict of laws principles. Where arbitration does not apply, the state and federal courts located in Monmouth County, New Jersey have jurisdiction, and both of us consent to that venue.

This choice of law and venue does not deprive you of the protection of mandatory consumer law in your own state or country of residence, and does not apply to the extent your state requires that a transaction completed in one of our stores there be governed by its own law or heard in its own courts. For an in-store purchase, you may always bring a claim in the state where that store is located. See Section 20.

Changes. We may update these Terms. We post the updated version with a revised date. For a material change we give notice before it takes effect. Changes are not retroactive and do not apply to a transaction already completed. Continuing to use our services after a change takes effect means you accept it.

Entire agreement. These Terms, our Privacy Policy, our refund policy, and any terms presented at the point of a specific transaction are the whole agreement between us about the subjects they cover.

No waiver. If we do not enforce a provision on one occasion, we do not give up the right to enforce it later.

Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

Force majeure. Neither of us is liable for a failure to perform caused by events beyond reasonable control, though this does not excuse an obligation to refund money for something not delivered.

Survival. Sections 8, 9, 15, 16, 17, 18, 19, 20, and 21 survive the end of these Terms.

Monmouth Sports Cards LLC
238 Neptune Blvd
Neptune, NJ 07753
United States

Email: sales@monmouthcards.com
Telephone: 551-309-3434