Terms and Conditions

Agreement between User and South Bay Galleries LLC & Southbaygalleries.com

Welcome to South Bay Galleries LLC & Southbaygalleries.com. The southbaygalleries.com website (the "Site") is comprised of various web pages operated by South Bay Galleries LLC ("South Bay" and/or “The Company”). Southbaygalleries.com and South Bay Galleries LLC is offered to you (“Customer” and/or “Client”) conditioned on your acceptance of the terms, conditions, and notices contained herein (the "Terms"). Your use of southbaygalleries.com and conducting business with South Bay Galleries LLC constitutes your agreement to all such terms. Please read these terms carefully and keep a copy of them for your reference.

Southbaygalleries.com is the official website for South Bay Galleries LLC.

South Bay Galleries LLC offers the sale, purchase, and trading of numismatic, bullion, ancient and modern coins.

Privacy

Your use of southbaygalleries.com is subject to South Bay's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting southbaygalleries.com or sending emails to South Bay constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Cancellation/Refund Policy

Buyer may return non-bullion coins for any reason within 7 days for a full refund. Buyer must obtain a return authorization code (RA code) from the return department if they wish to return. No returns on bullion. No packages will be accepted without this code clearly written on the front of the package. Coin(s) must be received in office within 7 days, after that all sales are final and no returns will be accepted. If the coin(s) and/or holder(s) is/are tampered with or opened this will void any return privileges. Therefore, if any sealed rolls of coins are opened/tampered with this will void any return privileges and will only result in company credit. Coin grading is not a science but subjective to the opinions of the graders. Grading can vary from firm to firm and from grader to grader. We at South Bay Galleries remind the buyer that past performance can no way be used to predict the future value of any coin(s) and we cannot guarantee a profit or loss. The buyer should consider these coins as collector coins and any investment or financial advice should be obtained from the buyers' own financial experts. All disputes will be resolved in N.Y. State, Suffolk County Civil Courts and are subject to the laws of New York State.

The same terms and conditions are applicable for television/online advertisements. The Morgan Silver Dollar television/online commercial offers a 30-day return policy. However, please note that this tv promotion is not available to residents of Minnesota.

Links to Third Party Sites/Third Party Services

southbaygalleries.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of South Bay and South Bay is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. South Bay is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by South Bay of the site or any association with its operators.

Certain services made available via southbaygalleries.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the southbaygalleries.com domain, you hereby acknowledge and consent that South Bay may share such information and data with any third party with whom South Bay has a contractual relationship to provide the requested product, service or functionality on behalf of southbaygalleries.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use southbaygalleries.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to South Bay that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of South Bay Galleries or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. South Bay Galleries content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of South Bay Galleries and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of South Bay Galleries or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

South Bay Galleries has no obligation to monitor the Communication Services. However, South Bay Galleries reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. South Bay Galleries reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

South Bay Galleries reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in South Bay Galleries' sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. South Bay Galleries does not control or endorse the content, messages or information found in any Communication Service and, therefore, South Bay Galleries specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized South Bay Galleries spokespersons, and their views do not necessarily reflect those of South Bay Galleries.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

AML Policy

South Bay Galleries LLC

It is the policy of South Bay Galleries LLC, to prohibit the use of our business or services for money laundering or terrorist financing.

This AML Program and Policy has been developed in conformance with the requirements of rules promulgated by the U.S. Department of Treasury, Financial Crimes Enforcement Network, 31 CFR Part 103, Section 130.140 c, under the Bank Secrecy Act as amended by the USA PATRIOT Act of 2001 (Pub.L.107-56) and is based on South Bay Galleries LLC assessment of the money laundering and terrorist financing risks associated with South Bay Galleries LLC pertaining to covered goods.

This Program and Policy will be made available to the U.S. Department of

Treasury or any other duly authorized government agency upon request.

Both this AML Program and Policy and South Bay Galleries LLC Risk Assessment have been reviewed by both the Board of Directors and the Senior Management of South Bay Galleries LLC. Both this Program and the Risk Assessment may be updated from time to time or as required by law.

This Program and Policy applies only to the purchase and sale of covered goods defined as coins, precious metals, antique, and antiquities (of an assay in excess of 500 parts per thousand).

GENERAL COMPLIANCE POLICIES

1. It is the strict policy of South Bay Galleries LLC to comply with all cash reporting requirements for receipt of cash in a single transaction or in a series of related transactions in an amount of $10,000 or higher. In all such cases, an IRS Form 8300 will be completed in full and submitted to the appropriate government agency.2. It is the policy of South Bay Galleries LLC periodically to check all known government agency or agency sponsored lists of counties that have been found to be non-cooperative in anti-money laundering efforts and lists of countries suspected of supporting terrorism and list of individuals suspected of supporting terrorism or engaging in terrorist activity. The purpose of this activity is to determine whether any source of supply, distribution channel or individual associated with the business of South Bay Galleries LLC has been included on such lists.

3. It is the policy of South Bay Galleries LLC to file the relevant IRS form when opening a foreign bank or other foreign financial institution account, and, when appropriate, to file the appropriate IRS form pertaining to the international transportation of currency or monetary instruments as required by law.

4. It is the policy of South Bay Galleries LLC to complete and submit to the appropriate government agencies and enforcement jurisdictions all documents required under state law associated with the purchase of finished goods or other precious metal, precious stones, jewels, antiques, and antiquities from members of the public.

5. Any request from a business partner of South Bay Galleries LLC to alter its course of dealing with South Bay Galleries LLC will be the subject of reasonable inquiries designed to determine the reasons for the change in course of dealings. Changes in course of dealing includes, but is not limited to: change in payment (receivable or payable) methods or locations, change in delivery methods or locations, introduction of heretofore unknown third parties into the course of dealing, change in the chain of distribution.

6. Any request from a business partner of South Bay Galleries LLC for an unusual degree of secrecy related to the transaction will be the subject of reasonable inquiries designed to determine the reasons for the high degree of secrecy.

7. It is the policy of South Bay Galleries LLC that, when the person or company supplying or purchasing covered goods, evades or refuses to respond to reasonable inquiries to acquire information or explanations required for compliance with the South Bay Galleries LLC AML program, it is the policy of South Bay Galleries LLC to:• Refer the transaction to the Compliance Officer for assessment.

• Decide whether or not to engage in the transaction.

• Refuse the transaction.

8. It is the policy of South Bay Galleries LLC to train all relevant employees regarding the laws and regulations pertaining to anti-money laundering requirements and the program and policy of South Bay Galleries LLC.

PART 1 – Identification Of Customers And Business Partners.

1. It is the policy of South Bay Galleries LLC to acquire from all business partners engaged in selling to or purchasing covered goods from South Bay Galleries LLC and from customers engaged in transactions using credit instruments (including credit cards, checks, wire transfers, etc.) standard identifying information. This information is to be maintained in written form as required.

2. Government issued licenses, photo identification documents passports, and etc. corroborates identification information.

3. Identification information has already been recorded for established business partners and customers and will be acquired in advance of opening new accounts.

4. It is the policy of South Bay Galleries LLC to review all identification information for internal consistency – all identification information must be consistent for each supplier or business partner on all identification documents, or a reasonable explanation for the inconsistency has been provided.

5. It is the policy of South Bay Galleries LLC to acquire the above mentioned identification information for any third party associated in any manner with any transaction for covered goods in which South Bay Galleries LLC is engaged, including third party payers or payees, recipients, suppliers or senders of goods.6. It is the policy of South Bay Galleries LLC to acquire all required identification information from members of the public, foreign sources of supply or other

non-dealers from whom we purchase or acquire covered goods.

7. It is the policy of South Bay Galleries LLC to periodically check all government agency or agency sponsored lists of persons suspected of engaging in criminal activity or countries that support terrorism or have been identified as non-cooperative in efforts to combat money laundering. It is the responsibility of the Compliance Officer to check these lists on a periodic basis and to review the transactions and business partners of South Bay Galleries LLC to determine if any of the countries, individuals or entities engaged in business or any transactions with South Bay Galleries LLC.

8. In cases where any party to a transaction evades or refuses to respond to reasonable inquiries designed to identify the person or otherwise comply with the AML Program of South Bay Galleries LLC it is the policy of South Bay Galleries LLC to:

• Refer the transaction to the Compliance Officer for assessment

• Decide whether or not to engage in the transaction.

• Refuse the transaction.

PART 2 – Monitoring Business Transactions

A. Purchases of covered goods from members of the public

1. Purchases of covered goods by Company from members of the public which result in monetary payment to the party offering the covered goods require identification of the party offering the item consistent with South Bay Galleries LLC identification policy as described above.

2. Compliance with state laws applicable to such purchases is required.

3. South Bay Galleries LLC makes payments for such purchases only in the form of a company check, bank check or electronic transfer.4. All such purchases and payments are made only directly to the person offering the covered goods for sale, not to a third party, unless such third party has been fully identified and the reason for the participation of the third party adequately explained.

5. In cases where any party to a transaction evades or refuses to respond to reasonable inquiries designed to identify the person, it is the policy of South Bay Galleries LLC to:

• Refer the transaction to the Compliance Officer for assessment.

• Decide whether or not to engage in the transaction.

• Refuse the transaction.

B. Purchases or sales of covered goods to or from foreign sources of supply or other non-dealers (estate sales, US government-sponsored sales, bankruptcy trustees, auction houses, etc.)

1. All transactions involving purchases or sales to or from foreign sources of supply or other non-dealers require identification procedures as described above.

2. Payment for all such purchases of covered goods are in the form of check, credit card or wire transfer ONLY.

3. No third party should be engaged in payment or supply or distribution channel for the item purchased or sold without an explanation from the foreign source of supply or other non-dealer of the identity and reason for involvement of the third party.

4. It is the policy of South Bay Galleries LLC to inquire of all foreign-based sources of supply about the implementation of an AML program consistent with their local laws. If the foreign source of supply is implementing an AML program, this communication is provided to South Bay Galleries LLC in writing.

5. In cases where any party to a transaction evades or refuses to respond to reasonable inquiries designed to monitor the transaction or otherwise complywith South Bay Galleries LLC AML program, it is the policy South Bay Galleries LLC to:

• Refer the transaction to the Compliance Officer for assessment.

• Decide whether or not to engage in the transaction.

• Refuse the transaction.

6. Any request from business partner to alter its course of dealing regarding transactions with South Bay Galleries LLC will be the subject of reasonable inquiries designed to determine the reasons for the change in course of dealings. Changes in course of dealing includes, but is not limited to: change in payment (receivable or payable) methods or locations, change in delivery methods or locations, introduction of heretofore unknown third parties into the course of dealing, change in the chain of distribution.

7. In cases where any party to a transaction evades or refuses to respond to reasonable inquiries regarding changes in course of dealing with South Bay Galleries LLC, it is the policy of the company to:

• Refer the transaction to the Compliance Officer for assessment.

• Decide whether or not to engage in the transaction.

• Refuse the transaction.

PART 3 – Detecting And Responding To “Red Flags”

1. It is the policy of South Bay Galleries LLC to detect and respond to red flags that might raise suspicion that a particular transaction or business partner or customer is engaging in activity designed to facilitate money laundering or terrorist financing.

2. When “red flags” are detected, it is the policy of South Bay Galleries LLC to:

• Refer the transaction to the Compliance Officer for assessment.

• Decide whether or not to engage in the transaction.

• Refuse the transaction. The following general categories describe “red flags” which trigger the above referenced procedure;

Unusual payment methods include but are not limited to:

• Use of large quantities of cash.

• Sequentially numbered money orders.

• Travelers checks in large quantities.

• Repeated use of cashier’s checks.

• Payments from third parties.

• Any combination of the above.

Unwillingness By a Customer, Business Partner or Supplier to Provide Complete or Accurate Contact Information, Financial References or Business Affiliations

Activities under this category include but are not limited to:

• A business partner or customer evades or refuses to provide identification information.

• A business partner or customer evades or refuses to answer reasonable inquiries about a transaction.

• A business partner or customer requests an unusual degree of secrecy related to a transaction.

• A business partner or customer uses a fake identification document.

Purchases Or Sales That Are Unusual for The Particular Customer, Suppler Or

Type Of Customer or Supplier

Activities under this category include but are not limited to:

• Change of delivery methods.

• Change of payment methods.

• Requests for payment or delivery to a third party.

• Change of banking reference.

• Change in order quantities (usually sudden increase).

• Change in frequency of transactions. • Repeated purchase and return of items or orders.

• Increased trade-in or return activity.

• Change in the goods supplied (either quantity or type of goods).

Purchases or Sales That Are Not In Conformity With Standard Industry Practices

Activities under this category include but are not limited to:

• Requests for payments not to be recorded on the books and records of the company.

• Requests that goods not be entered into inventory records.

• Requests for unusual activity, such as melting precious metals.

• Unusual quantities of goods ordered.

• Requests for products not usually offered by a supplier company.

• Requests for an unusual degree of secrecy.

PART 4 – Procedures For Responding To Treasury And Requests For AML Information

Requests For Information From Duly Authorized Government Agencies

1. It is the policy of South Bay Galleries LLC to refer all requests from Treasury or any other duly authorized government agency to the Compliance Officer for response.

4. All requests for information from Treasury or other duly authorized government agencies will be reviewed by the responsible employee within 7 business days of the original request from the government agency, or in conformance with the timetable provided by the government agency.

5. All responses to government agencies will be prepared in written form by the Compliance Officer and reviewed prior to submission by the Owner of South Bay Galleries LLC.

Voluntary Reporting of Suspicious Activity. It is the policy of South Bay Galleries LLC to file Suspicious Activity Reports (SAR), when appropriate. Any employee may suggest to the Compliance Officer the filing of a SAR. It is the determination of the CO whether or not to file a SAR.

1. Suspicious activity is defined as any activity conducted or an attempt to conduct an activity that an employee of South Bay Galleries LLC suspects or has reason to believe involves money from criminal activity, is designed to evade this AML Program and Policy or any provision of the AML regulations pursuant to the USA PATRIOT Act, appears to serve no legitimate business purpose and for which no available facts provide reasonable explanation.

2. When such activity is detected, the CO will review the activity and determine whether or not to recommend the filing of a SAR. The Owner of South Bay Galleries LLC will review such determination.

3. A copy of SAR’s filed according to the provisions of South Bay Galleries LLC AML Policy and Program will be maintained with all other documents and records for AML compliance.

Part 5 – Documentation and Records of AML Compliance

1. It is the policy of South Bay Galleries LLC to document all compliance actions in connection with this program and policy.

2. It is the policy of South Bay Galleries LLC to maintain the records and documents associated with compliance with this AML Program and Policy. These records are to be maintained separately from the books and records of South Bay Galleries LLC.

3. It is the policy of South Bay Galleries LLC to ensure the security of the records of AML Compliance.

This document is the AML Compliance Program and Policy of South Bay Galleries LLC. It has been endorsed and supported by the senior management of South Bay Galleries LLC. It will be updated and amended as needed or as required by law.

About Us:

South Bay Galleries LLC was established with one goal in mind, provide collectors with a great selection of rare coins at a fantastic price while providing excellent customer service. We at South Bay Galleries LLC take great pride in the coins we buy and sell and will go beyond the industry norm to provide our clients with some of the finest known pieces for their collections. Our staff has a combined experience of over 100 years in the rare coin industry and pride ourselves on our knowledge and insight for the market. We will always provide our clients with our finest advice as to which will be the most beneficial for their collection based on their personal situations and goals. We always try to stay ahead of our competition by offering our clients unique and rare pieces at a competitive price. Whatever your needs and goals are as a collector, you can be sure that South Bay Galleries LLC will go above and beyond to make sure you are 100% satisfied.

Return Policy:

Buyer may return non-bullion coins for any reason within 7 days for a full refund. Buyer must obtain a return authorization code (RA code) from the return department if they wish to return. No packages will be accepted without this code clearly written on the front of the package. Coin(s) must be received in office within 7 days, after that all sales are final and no returns will be accepted. If the coin(s) and/or holder(s) is/are tampered with or opened this will void any return privileges. Therefore, if any sealed rolls of coins are opened/tampered with this will void any return privileges and will only result in company credit. Buyer may exchange any non-bullion item within 7 days for company credit which will be applied to the new item the buyer is exchanging for/towards. There will be no returns or exchanges on any bullion products, no exceptions. Coin grading is not a science but subjective to the opinions of the graders. Grading can vary from firm to firm and from grader to grader. We at South Bay Galleries remind the buyer that past performance can no way be used to predict the future value of any coin(s) and we cannot guarantee a profit or loss. The buyer should consider these coins as collector coins and any investment or financial advice should be obtained from the buyers’ own financial experts. All disputes will be resolved in N.Y. State, Suffolk County Civil Courts and are subject to the laws of New York State.

Cancelation Policy:

Any order may be cancelled by contacting us via phone or email provided the order has not been shipped. Once an order is shipped we have no way of retrieving the merchandise therefor it cannot be cancelled. If the buyer wishes to cancel after their package was shipped, they can simply refuse the package when it is attempted to be delivered and a refund will be issued once the package is returned to South Bay Galleries LLC. If a client signs for an accepts the delivery, they must go through the return process and follow all instructions listed in the return policy.

Restocking Fee:

It will be at the discretion of South Bay Galleries LLC to accept a return past the allowed time frame of 7 days. If a return is accepted by South Bay Galleries LLC past the return window there will be a 30% restocking fee. This fee is non-negotiable and does not apply to bullion items since bullion items cannot be returned.

Condition of Merchandise

We at South Bay Galleries LLC will represent raw/uncertified products to the best of our ability. We will give our honest opinion as to what condition the merchandise is in and will provide pictures and documentation for the appraised value. Merchandise is sold as is, and as mentioned we will do our best to represent the pieces to the best of our knowledge and will inform any client/potential client if we believe an item has been altered in any way (refurbished, damaged, unoriginal components/parts, etc.). The customer should comprise their own opinion on the condition of the merchandise and gather any other opinions as they wish. If any item is not up the customer's standards, they should return it for a full refund or exchange within the return period. Again, condition is opinion based and may vary from person to person depending on their knowledge and understanding of the time-period and conditions from with the item came from.

Authenticity Guarantee

We Guarantee all items we sell to be genuine and authentic.

Market Loss Policy

Upon issuance of a Sales Order confirmation number (invoice number) by South Bay Galleries LLC for a transaction with a customer, a binding agreement is formed between the parties. At such time, the transaction price becomes fixed and all associated market risk transfers to the purchaser. This mechanism affords the purchaser the benefit of price certainty as of the confirmation date, which is a material term of the transaction.

In the event the purchaser fails to perform any of their obligations under the agreement, including but not limited to timely payment, shipment, or any other required act, South Bay Galleries LLC reserves the right, in its sole discretion, to cancel the applicable Sales Order(s). In the case of such cancellation, the purchaser expressly agrees to be liable to South Bay Galleries LLC for any resulting Market Loss, together with a cancellation fee equal to the greater of fifty dollars ($50.00) or ten percent (10%) of the total order value.

The purchaser further agrees to be responsible for all costs and expenses, including but not limited to attorney’s fees and collection costs, incurred by South Bay Galleries LLC in connection with the enforcement or collection of any outstanding obligations. Any Market Gain realized upon cancellation shall be the sole and exclusive property of South Bay Galleries LLC, and the purchaser shall have no claim thereto.

South Bay Galleries LLC reserves the right to cancel any Sales Order at any time and for any reason, with or without notice. Additionally, the fulfillment and shipment of any future Sales Orders shall be suspended until all outstanding balances, including but not limited to Market Losses and cancellation fees, have been paid in full.

This policy will apply to all transactions including a sale, purchase, trade, and down payments/deposits made between a customer and South Bay Galleries LLC.

Biding Contract

Once you have placed a sales order (payment in full or down payment/deposit) to buy from South Bay Galleries LLC you have entered into a binding contract.

Payments

We accept all major credit/debit/charge cards (American Express, Discover, Mastercard, Visa), Checks (Personal, Bank, Cashier, Business, Echeck/Check by phone), PayPal (info@southbaygalleries.com), and wire transfers as forms of payment. All card transactions will be displayed as “South Bay Galleries LLC” on the card's monthly statements. All checks are held for 10 business days to assure clearance before any merchandise is shipped to the client. Any purchase totaling $15,000.00 or greater will require payment be made by physical check (Personal, Bank, Cashier, Business) or wire transfer. It is at the sole discretion of South Bay to accept payment by credit/debit/charge card for purchases totaling $15,000.00 or greater.

Down Payments/Deposits and Forfeiture Policy

Down payments/deposits made by the customer shall be considered a commitment to proceed with the order and will become a binding contract.

If the customer fails to make any additional payments toward the order within thirty (30) calendar days of the down payment/deposit date, the order shall be deemed abandoned.

In such event, the entire down payment/deposit shall be forfeited to South Bay Galleries LLC as liquidated damages and will be non-refundable.

Each time a new payment is applied to an order, the 30-day period restarts. If the last payment a client makes towards an order is made and there is still a remaining balance and no other payments are made within 30-days, all funds paid to South Bay Galleries LLC will be forfeited.

The Client shall have no right to receive any goods or services related to the abandoned order and shall not be entitled to any refund or credit of the forfeited down payment(s)/deposit(s).

The company reserves the right to cancel the order after the 30-day period with no further obligation to the client.

Shipping

We use the information you provide to us when placing an order only to bill, process, complete, deliver and ship that order and to provide customer service. We will never distribute or sell your information for any reason. We ship all orders via FedEx or USPS in discrete, normal packaging not to draw any attention as to what is inside. All of our packages require a signature for delivery for our protection as well as the clients to assure the correct recipient receives it.

Insurance

South Bay Galleries insures all sales order shipments while in transit for the sales value of the package contents subject to the following limitations:

You must be physically present at the shipping address when the shipment is delivered by either FedEx or USPS.

If anything happens to your package while it is in transit, you may be permitted to claim coverage under South Bay Galleries insurance policy contingent that you directly received the package from FedEx or USPS.

South Bay must be notified of a lost package within Thirty (30) days from the date your shipment was sent. If a package has been received damaged and/or tampered with, we must be notified withing Two (2) days. Failure to notify South Bay within these timeframes may jeopardize the insurance coverage.

South Bay will not be held liable, and we will not accept responsibility if FedEx or USPS leaves the package without your acceptance, leaves the package without a signature, or leaves the package with anyone other than the customer/addressee. Additionally, South Bay nor our insurance company will accept liability if you leave instructions with FedEx or USPS to leave your package without a signature, with someone else (doorman, front desk, neighbor), at any drop-off/hold locations (UPS store, Walgreens, Dollar General, etc.), or if you request any other modifications to your shipment through FedEx or USPS. Insurance will not be applicable to any shipments sent to a P.O. Box. In any of these cases, you agree to be solely responsible, and you agree to bear the risk of a lost and/or damaged/tampered package and there may be no insurance coverage for your package through South Bay or our insurance company.

If you do not receive your package directly from the common carrier, you agree to be responsible for all actions require to assist in the recovery of your package. This may include filing claims, police reports, signing of an affidavit, providing all information needed that may be required to assist in the recovery of your package. If you do not fully abide by these requirements and do not fully cooperate in the recovery efforts, South Bay along with our insurance company or the carrier will have no liability to you.

If any merchandise is lost or damaged in transit, it is our responsibility to pursue all claims with our insurance company and may need your assistance to provide the necessary information required. After a claim is filed, South Bay reserves the right to re-ship your merchandise or issue a refund at our discretion. South Bay will have no further responsibility and/or liability to you. If there are any disruptions the in delivery of a package, you agree to fully cooperate with South Bay and/or our insurance company in any investigation and/or claim process and take every possible action (within reason) requested in the process. Failure to fully participate and assist will jeopardize any insurance coverage and reimbursement.

Responsibility and/or liability for South Bay and/or our insurance company ends once a package is delivered.

Trades & Sales

Any trade (exchanging of goods between the two parties) made between a client South Bay Galleries LLC is final when both parties have come to an agreement, and each accepts the others’ goods at which point the transfer of ownership will occur. At this point ownership cannot be transferred back to the original owner thus making the transaction final. Buyer’s remorse or change in value after a trade has taken place will not change these terms. Clients must make their own educated decisions based on their due diligence and should calculate any possible risk before agreeing to and executing any trades or sales. Many specialty order items (items that are not in-house) are used for trades and cannot be returned once ownership is taken over by the client. Any sale of an item to South Bay Galleries LLC from any client is final once the client (seller) and South Bay Galleries LLC (buyer) come to and agreed price and a wire transfer or certified bank/Business check is issued from South Bay Galleries LLC to the client (seller). South Bay Galleries LLC issues a bank wire or certified bank check only the seller can recover the funds, thus finalizing the deal once the check is issued.

Appraisal Procedure/Selling To South Bay Galleries

Sending Your Merchandise to South Bay Galleries

You may send your merchandise to South Bay Galleries at 414 South Service Rd. Suite 336 Patchogue, NY 11772 with whatever carrier you feel most comfortable with.

Note: You will be responsible for all associated shipping and insurance costs at the time of mailing.

Alternatively, South Bay Galleries can arrange FedEx to pick up your merchandise from your house. The FedEx driver will provide you with a prepaid label that will be used to ship the package(s) to us fully insured overnight.

Note: A prearranged date and timeframe must be set up with your representative at least one business day in advance.

Whichever option you choose, please make sure your package(s) are fully sealed and taped very well to avoid any issues in transit. Also, please include an itemize list of the merchandise you are sending.

Receiving Your Merchandise

Your merchandise will be received and signed for by a member of South Bay Galleries shipping and receiving department. Your package will then be stored in the company vault until it is prepared for unboxing. The unboxing of your package will be video recorded for security and insurance purposes. All merchandise will be laid out on a table within clear view of the camera to document the contents. Your merchandise will be matched up with your itemized list that you have included.

Note: South Bay Galleries will generate its own inventory list of your merchandise as well. If you do not include an itemized list, South Bay Galleries generated inventory list will be shared with you via e-mail for your own records.

Confirmation of Receipt

After your package is unboxed, it will be checked against your inventory list. At this time South Bay Galleries will generate an inventory list as well. After this is completed, your representative will contact you to discuss the contents of the package.

Appraisal Timeframe

Depending on the amount of merchandise that is sent to South Bay Galleries, the appraisal process can take anywhere from one to three business days.

Valuation of Bullion and Semi-Numismatic Items

The value of bullion and semi-numismatic items will be valued using the spot price of the metal(s) (gold, silver, platinum, palladium, etc.) at the start of the business day (9 am EST) the day the package was received by South Bay Galleries LLC contingent on the package being delivered to South Bay Galleries LLC by 12 pm EST. Any package that is received by South Bay Galleries LLC after 1 pm EST will be evaluated using the spot price of the metal(s) at the start of the following business day (9 am EST).

Discussing Appraisal Values and Further Actions

After the appraisal is complete, your representative will contact you to go over each items value individually. At this point, the representative and the client will discuss options for their merchandise. The client may wish to sell, trade, or have their merchandise returned to them at no charge. Throughout the entire appraisal procedure, the client may request to have the merchandise returned to them at any time. The above actions are all strictly options and nothing is done without the client’s consent.

Agreed Upon Transaction

If a transaction is agreed upon between the representative and the client whether it be selling or trading, a contract will be composed. The contract will have South Bay Galleries’ terms and conditions along with the client’s item(s) and value(s) included in the agreed upon transaction. Also included in the contract will be exactly what the client is receiving in return from South Bay Galleries for the sale or trade. This contract must be signed before anything is sold or traded to or from South Bay Galleries. The client’s merchandise will remain in the vault of South Bay Galleries during the contract process. None of the client’s merchandise will not be sold or liquidated without the consent and signed contract from the client.

Note: If the client and representative do not come to an agreed upon transaction or if the client simply wishes to have their merchandise back, South Bay Galleries will return the merchandise via FedEx fully insured at no charge within two business days. Again, nothing is done without the client’s consent. This is a step-by-step process between the client and the representative of South Bay Galleries, we strive to make this process as simple as possible for both parties and will do our best to accommodate the client in any way possible.

Coin Grading

All certified coins, also referred to as slabbed coins, that come from a third-party grader such as PCGS (Professional Coin Grading Service) or NGC (Numismatic Guaranty Corporation) are graded according to their standards. Coin grading is not a science and is subjective to the opinions of the graders. Grading can vary from firm to firm and from grader to grader. We at South Bay Galleries LLC simply represent these coins based on the numerical grade they were given according to these grading firms and will not represent them to be anything else. “Raw” coins (coins that have not been certified and assigned a numerical grade from a third-party service) will be represented to the best of our ability. We will give our honest opinion as to what condition the coin or coins are in. The company cannot guarantee any raw coin has not been altered in any way. As mentioned, we will do our best to represent the pieces to the best of our knowledge and will inform any client/potential client if we believe a coin has been altered in any way. The customer should comprise their own opinion on the condition of the coin(s) and not solely rely on anyone else's opinion. If any coin(s) is/are not up the customer's standards they should return them for a full refund or exchange within the return period. Again, grading is opinion based and may vary from person to person depending on their knowledge and understanding of the grading scale.

Population & Trending Value

South Bay Galleries LLC will represent the current population and trending value provided by either NGC or PCGS at the time of the sale. Populations and trending values are subject to change and is not something South Bay Galleries LLC has control over. Again, we will represent the current population and trending value at the time of the sale. NGC Price Guide Disclaimer PCGS Price Guide Disclaimer

Privacy

When you provide South Bay Galleries LLC with your personal and financial information when placing and order you can rest assure it is safe. All of our client information is encrypted in our computer system that keeps it secured in a locked filed that is only able to be seen by the processing department when needed to fulfill an order. When you place an order with us you are giving us your consent to use and store this information for our business purposes of filling your order as quickly as possible. We will under no circumstance sell, lease or trade any customer information with any other person or business (private, public or otherwise) and will not release customer information except to the customer himself/herself. In rare circumstances, we will confirm customer creditworthiness to another dealer in our trade. This is standard industry practice and involves nothing more than a confirmation that we have or have not done business. Typically, this is done upon the request of the client.

Dispute/Chargeback Fee’s

When a client disputes a transaction (initiates a chargeback) South Bay Galleries LLC is charged a fee per transaction/dispute. If a client who has disputed a transaction returns an order after the fact the fee will be deducted from the refund amount. If a client places another order with South Bay Galleries LLC after a disputed charge, they will be required to pay the chargeback fee(s) South Bay Galleries LLC was charged. Each disputed charge carries a fee of $250.00. This fee is non-negotiable.

Important

We advertise all coins with prices, grades, and availability subject to actual stock. We are not responsible for typographical errors and reserve the right to refuse, void or cancel a sale at our discretion, including if an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information. Prices and availability are subject to change without notice. All coins are subject to market fluctuation prior to sale. Orders are not considered complete until we accept full payment for merchandise, therefore title (Ownership) of merchandise does not pass to the customer until merchandise is paid in full. Credit card authorization or a down/partial payment is not considered payment in full and South Bay Galleries LLC will retain ownership of the merchandise until any remaining balance is satisfied. We may refund payments made if an error in the order is found. If you order a coin we no longer have in our inventory, we will do our best to find you the same coin, if not we will offer you a substitute at equal or greater value. We strive to make your experience with South Bay Galleries LLC as easy and enjoyable as possible and appreciate your patience and understanding in the unlikely event of a mistake or error. Any purchases or trades done between South Bay Galleries LLC and a client will first require a contract signed by both parties agreeing to the terms & conditions before any payment or merchandise is sent from South Bay Galleries LLC to the client. Every purchase or trade requires a signed contract, no exceptions. After which the client can either mail their merchandise to us directly (414 S. Service Rd. #336 Patchogue NY 11772) or we will have FedEx pick up the package directly from the client's home. The company does not have any other mailing addresses besides 414 S. Service Rd. #336 Patchogue NY 11772. This is where all our mailing is done from and is the only address any client should send merchandise to whether it is for a trade, appraisal, purchase, return, etc. We at South Bay Galleries LLC remind the buyer that past performance can no way be used to predict the future value of any coin(s) and we cannot guarantee a profit or loss. The buyer should consider these coins as collector coins and any investment or financial advice should be obtained from the buyers’ own financial experts. The statements made on this website and on any phone call are opinions and past performance is no indication of future performance or returns. Precious metals, like all investments, carry risk. Precious metals and coins may appreciate, depreciate, or stay the same depending on a variety of factors. South Bay Galleries LLC cannot guarantee, and makes no representation, that any metals purchased will appreciate at all or appreciate sufficiently to make customers a profit. The decision to purchase, trade or sell precious metals, and which precious metals to purchase or sell, are the customer’s decision alone, and purchases, trades and sales should be made subject to the customer’s own research, prudence and judgment and will be held to the doctrine of caveat emptor.

Independent Contractors

Part of our sales team is comprised of independent third-party contractors who work independently for themselves. These independent contractors work off the inventory South Bay Galleries LLC as well as their own inventories they have access to. They may contact clients/potential clients from outside sources/leads they have obtained. Furthermore, the opinions, suggestions, promises, views, recommendations, details, notes, conditions, comments, etc. expressed by the independent contractors are solely those of their own and do not in any way represent the views or opinions of South Bay Galleries LLC or any of it’s owners, officers, and/or employee’s. Anything spoken about between the independent contractors and the client/potential client is strictly their own opinions and views and South Bay Galleries LLC or any of it’s owners, officers, and/or employee’s will not be held liable; you agree to hold the mentioned harmless from and against all liability claims and lawsuits regarding anything spoken about with any independent contractor. These independent contractors may work with other companies or independently outside of South Bay Galleries LLC. Independent contracts build their own clientele from their own sources. Most independent contractors have established relationships with their clients before coming to South Bay Galleries LLC. If any client does business with any independent contractor outside of South Bay Galleries LLC either independently or with another company that is strictly between them. South Bay Galleries LLC will have no part and will not be held liable or responsible for any payments, merchandise, etc. legally or morally. Any and all business done with South Bay Galleries LLC will be processed and shipped from the companies official mailing address (414 S. Service Rd #336 Patchogue NY 11772). South Bay Galleries LLC will not be held liable or responsible for any business done with an independent contractor outside of the company and/or its mailing address. The buyer should comprise their own educated opinion for any raw (any coin not in a slab from one of the top four grading services; PCGS, NGC, ANACS, ICG) piece. Any coin not in these holders is considered raw and will be sold that way, strictly based on the independent contractor’s professional opinion. As always, if the client is unhappy with their purchase, they can return the item(s) purchased for a 100% refund or exchange within the allowed return period. All independent contractors make their own schedules and are not always available during regular South Bay Galleries LLC hours of business. South Bay Galleries LLC will not be held responsible or liable for anything represented/said to any and all clients/potential clients by these contractors. By doing business with South Bay Galleries LLC in any way (buying, selling, trading, etc.) you agree that you have thoroughly read, understand, and agree to the terms and conditions of this agreement. You also agree to hold harmless South Bay Galleries LLC, its owners, its employees, and associates from and against all liability claims and lawsuits regarding a trade, sale or any transactions. All disputes will be resolved in N.Y. State, Suffolk County Civil Courts and are subject to the laws of New York State.

Very Important:

By doing business with South Bay Galleries LLC you agree to not slander, defame, or libel South Bay Galleries LLC, it’s employees, owners, managers, executives, or any of its associated contractors. You agree to hold harmless South Bay Galleries LLC, its employees, owners, managers, executives, or any associated contractors from and against all liability claims and lawsuits regarding any transaction done with South Bay Galleries LLC. You also agree that the sale of merchandise to South Bay Galleries is final. Furthermore, you agree that all trades are final. You agree that you have thoroughly read, understand, and agree to the terms and conditions listed herein in sound mind.

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to www.southbaygalleries.com South Bay Galleries LLC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to South Bay Galleries LLC include www. southbaygalleries.com and South Bay Galleries LLC. The South Bay Galleries LLC website is an ecommerce site. By using the South Bay Galleries LLC website, you consent to the data practices described in this statement.

Collection of your Personal Information

SOUTH BAY GALLERIES LLC may collect personally identifiable information, such as your:

- Name
- Address (Billing & Shipping)
- Phone Number
- E-mail Address

If you purchase SOUTH BAY GALLERIES LLC products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.

SOUTH BAY GALLERIES LLC encourages you to review the privacy statements of websites you choose to link to from SOUTH BAY GALLERIES LLC so that you can understand how those websites collect, use and share your information. SOUTH BAY GALLERIES LLC is not responsible for the privacy statements or other content on websites outside of the SOUTH BAY GALLERIES LLC website.

Use of your Personal Information

SOUTH BAY GALLERIES LLC collects and uses your personal information to operate its website(s) and deliver the services you have requested.

SOUTH BAY GALLERIES LLC may also use your personally identifiable information to inform you of other products or services available from SOUTH BAY GALLERIES LLC and its affiliates. SOUTH BAY GALLERIES LLC may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

SOUTH BAY GALLERIES LLC does not sell, rent, or lease its customer lists to third parties.

SOUTH BAY GALLERIES LLC may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to SOUTH BAY GALLERIES LLC, and they are required to maintain the confidentiality of your information.

SOUTH BAY GALLERIES LLC may keep track of the websites and pages our users visit within SOUTH BAY GALLERIES LLC, in order to determine what SOUTH BAY GALLERIES LLC services are the most popular. This data is used to deliver customized content and advertising within SOUTH BAY GALLERIES LLC to customers whose behavior indicates that they are interested in a particular subject area.

SOUTH BAY GALLERIES LLC will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on SOUTH BAY GALLERIES LLC or the site; (b) protect and defend the rights or property of SOUTH BAY GALLERIES LLC; and, (c) act under exigent circumstances to protect the personal safety of users of SOUTH BAY GALLERIES LLC, or the public.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by SOUTH BAY GALLERIES LLC. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the SOUTH BAY GALLERIES LLC website.

Security of your Personal Information

SOUTH BAY GALLERIES LLC secures your personal information from unauthorized access, use, or disclosure. SOUTH BAY GALLERIES LLC uses the following methods for this purpose:

- SSL Protocol

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

Children Under Thirteen

SOUTH BAY GALLERIES LLC does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from SOUTH BAY GALLERIES LLC by contacting us here:
- Web page: www.SouthBayGalleries.com

- Email: Info@southbaygalleries.com - Phone: 888-982-1109

Changes to this Statement

SOUTH BAY GALLERIES LLC will occasionally update this Statement of Privacy to reflect company and customer feedback. SOUTH BAY GALLERIES LLC encourages you to periodically review this Statement to be informed of how SOUTH BAY GALLERIES LLC is protecting your information.

Contact Information

SOUTH BAY GALLERIES LLC welcomes your questions or comments regarding this Statement of Privacy. If you believe that SOUTH BAY GALLERIES LLC has not adhered to this Statement, please contact SOUTH BAY GALLERIES LLC at:

SOUTH BAY GALLERIES LLC MAIL TO:
414 S. Service Rd #336
Patchogue, NY 11772

EMAIL: Info@southbaygalleries.com

CUST. SVC. TELEPHONE: 888-982-1109

Effective as of July 1st 2021

Terms and Conditions

Agreement between User and SouthBayGalleries.com

Welcome to SouthBayGalleries.com. The SouthBayGalleries.com.com website (the "Site") is comprised of various web pages operated by SOUTH BAY GALLERIES LLC ("SOUTH BAY GALLERIES LLC"). SouthBayGalleries.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of SouthBayGalleries.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

SouthBayGalleries.com is an E-Commerce Site.

The purpose of our website is to provide information about our company and the services we offer. SOUTH BAY GALLERIES LLC is a numismatic and bullion company. SOUTH BAY GALLERIES LLC sells, buys & trades gold, silver, platinum, palladium, ancient coinage, and bullion.

Privacy

Your use of SouthBayGalleries.com is subject to SOUTH BAY GALLERIES LLC's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting SouthBayGalleries.com or sending emails to SOUTH BAY GALLERIES LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

SOUTH BAY GALLERIES LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use SouthBayGalleries.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

SouthBayGalleries.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SOUTH BAY GALLERIES LLC and SOUTH BAY GALLERIES LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SOUTH BAY GALLERIES LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SOUTH BAY GALLERIES LLC of the site or any association with its operators.

Certain services made available via SouthBayGalleries.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the SouthBayGalleries.com domain, you hereby acknowledge and consent that SOUTH BAY GALLERIES LLC may share such information and data with any third party with whom SOUTH BAY GALLERIES LLC has a contractual relationship to provide the requested product, service, or functionality on behalf of SouthBayGalleries.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use SouthBayGalleries.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SOUTH BAY GALLERIES LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SOUTH BAY GALLERIES LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SOUTH BAY GALLERIES LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SOUTH BAY GALLERIES LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SOUTH BAY GALLERIES LLC or our licensors except as expressly authorized by these Terms.

Use of Communication Services

SOUTH BAY GALLERIES LLC has no obligation to monitor the Communication Services. However, SOUTH BAY GALLERIES LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SOUTH BAY GALLERIES LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

SOUTH BAY GALLERIES LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SOUTH BAY GALLERIES LLC's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SOUTH BAY GALLERIES LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore,

SOUTH BAY GALLERIES LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SOUTH BAY GALLERIES LLC spokespersons, and their views do not necessarily reflect those of SOUTH BAY GALLERIES LLC.

Materials Provided to SouthBayGalleries.com or Posted on Any SOUTH BAY GALLERIES LLC Web Page

SOUTH BAY GALLERIES LLC does not claim ownership of the materials you provide to SouthBayGalleries.com (including feedback and suggestions) or post, upload, input or submit to any SOUTH BAY GALLERIES LLC Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SOUTH BAY GALLERIES LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. SOUTH BAY GALLERIES LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SOUTH BAY GALLERIES LLC's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by SOUTH BAY GALLERIES LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SOUTH BAY GALLERIES LLC Content accessed through SouthBayGalleries.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless SOUTH BAY GALLERIES LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SOUTH BAY GALLERIES LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SOUTH BAY GALLERIES LLC in asserting any available defenses.

Absence of Relationship

The only relationship between South Bay Galleries LLC and the customer is that of a purchaser and seller. No other legal or business relationship shall be deemed to exist, including but not limited to agency, employment, franchising, partnership, or joint venture.

Additional Items

Additional terms applicable to specific products—including, but not limited to, pricing, accepted payment methods, and policies regarding returns, refunds, cancellations, or exchanges—may be provided on the website within the product description pages.

Assignment

You may not transfer or assign any of your rights or obligations under this Agreement without the prior written approval of South Bay Galleries LLC, which may be granted or denied at its sole discretion. This Agreement, including but not limited to these Terms and Conditions, shall be binding upon and inure to the benefit of the permitted successors and assigns of both you and South Bay Galleries LLC.

Confidentiality

You are advised to exercise discretion when disclosing the existence or specific terms of any transactions conducted with South Bay Galleries LLC and should give careful consideration before sharing such information with any third party.

Dispute Resolution

South Bay Galleries LLC is committed to resolving any disputes or disagreements in a fair and timely manner. We recommend that customers first contact our Customer Service team to attempt to resolve any issues directly. Customers may also seek assistance from a neutral third-party organization, such as a local Better Business Bureau. If an informal resolution cannot be achieved, the matter will be handled as described below.

Jurisdiction and Governing Law

All disputes, claims, or actions arising out of or relating to transactions between you and South Bay Galleries LLC, including but not limited to these Terms and Conditions, shall be subject to the exclusive jurisdiction of the state and federal courts located in Suffolk County, New York. You expressly consent to the personal jurisdiction and venue of such courts for the resolution of any such disputes and waive any objections to jurisdiction or venue in those courts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

Waiver of Jury Trial

Both the Client and South Bay Galleries LLC voluntarily and knowingly waive any right to a trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated herein. This waiver applies to all claims whether sounding in contract, tort, or otherwise.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims with regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, or consequential damages resulting from any order or use of products and services.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in Suffolk County, New York.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties.

No amendment or modification of this Agreement shall be binding unless in writing and signed by both parties.

Force Majeure

If South Bay Galleries LLC cannot perform any obligation hereunder as a result of any event that is beyond its control, South Bay Galleries LLC’S delay or failure to perform such obligation shall be excused and South Bay Galleries LLC shall not be liable for any damages as a result of, or in connection with, such delay or such failure.

Severability

The User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of the User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of the User Agreement, and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.

Amendment

South Bay Galleries LLC may amend the User Agreement/Terms and Conditions/Terms of Service at any time by posting the amended terms on the Website and such amendments shall become effective immediately for all transaction done with South Bay Galleries LLC (website, telephone, email).

Entire Agreement

The User Agreement, the Privacy Policy, Terms and Conditions/Terms of Service and confirmations of the Sale or Purchase transactions hereunder set forth the entire understanding between South Bay Galleries LLC and you with respect to the subject matter of our transactions.

Terms of Use

This website is owned and operated by South Bay Galleries LLC. Access and use of this website is provided by South Bay Galleries LLC to you on condition that you accept these Terms of Use, and by accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website.

South Bay Galleries LLC may revise and update these Terms of Use at any time and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.

The terms and conditions found on this website will apply to all business done with South Bay Galleries LLC via telephone, text message, email, and/or website.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SOUTH BAY GALLERIES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SOUTH BAY GALLERIES LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SOUTH BAY GALLERIES LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR

CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOUTH BAY GALLERIES LLC CHANGE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SOUTH BAY GALLERIES LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

SOUTH BAY GALLERIES LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SOUTH BAY GALLERIES LLC as a result of this agreement or use of the Site. SOUTH BAY GALLERIES LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SOUTH BAY GALLERIES LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SOUTH BAY GALLERIES LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SOUTH BAY GALLERIES LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SOUTH BAY GALLERIES LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms and Conditions

SOUTH BAY GALLERIES LLC reserves the right, in its sole discretion, to modify the Terms of Service/Terms and Conditions under which South Bay Galleries LLC and SouthBayGalleries.com is offered without notice. The most current version of the Terms will supersede all previous versions. SOUTH BAY GALLERIES LLC encourages you to periodically review the Terms to stay informed of our updates. By doing business with South Bay Galleries LLC you agree to all terms and conditions in sound mind and agree to hold South Bay Galleries LLC, it’s owners, officers, employees, contractors, wholesalers, distributors, and any third-party harmless against any claims, disputes and/or lawsuits.

Definitions

The following terms have the following meanings in the User Agreement:

South Bay/The Company/ South Bay Galleries LLC

The term "South Bay/The Company/ South Bay Galleries LLC" means South Bay Galleries LLC, a New York corporation.

Bullion

The term “Bullion” means the term that is used to describe a precious metal such as Gold, Silver, Platinum or Palladium Coin(s), bar(s) or round(s) which follow spot prices and have little or no Numismatic value (such as restrikes) and/or the form in which metal is shaped such as bars, ingots or rounds.

Business Day(s)

The term "Business Day(s)" means a day other than a Saturday, a Sunday or a day that is a holiday under the federal law of the United States of America and/or the laws of the State of New York.

Coin(s)

The term “Coin(s)” means a stamped/pressed piece of metal of a known weight and fineness issued by a sovereign government. The may be bullion, numismatic (mostly 1700’s to 1964), ancient (BC to Early AD Dated) and/or modern issue (1986 to date).

eCheck/Check By Phone

An eCheck/Check By Phone is a check generated by South Bay Galleries LLC on your behalf with your consent in the amount of your sales order using the banking information that you provided, that will be deposited into our bank either the same day your order is placed or the following day if it is after business hours.

Fair Market Value

The term “Fair Market Value” means the Fair Market Value of the Product as determined by South Bay Galleries LLC, in its reasonable discretion, as of 5 p.m. (EST) on the date of cancellation or abandonment of the Sales Order or the Purchase Order.

Market Gain

The term “Market Gain” refers to:

When a Sales Order or Sale, as the case may be, is cancelled by South Bay Galleries LLC or abandoned by the customer Market Gain occurs when the Fair Market Value of the Product(s) on the date of the cancelled Sales Order or Sale or abandonment is greater than the original sales price of the Product(s) as it appears on the cancelled/abandoned Sales Order.

Market Loss

The term “Market Loss” means:

When a Sales Order or Sale, as the case may be, is cancelled by South Bay Galleries LLC or abandoned by the customer Market Loss occurs when the Fair Market Value of the Product(s) on the date of the cancelled Sales Order or Sale or abandonment is less than the original sales price of the Product(s) as it appears on the cancelled Sales Order.

Numismatics

“Numismatics” refers to the study or collection of anything used as a medium of exchange. “Numismatic Coins” refers to a coin, the price of which depends more in its (their) rarity, condition, dates and mintmarks than on their Precious Metal content, if any.

Semi-Numismatic

The term “Semi-Numismatic” means a Coin that has both Bullion and Numismatic value.

Order(s)

The term “Order(s)” means, as applicable, a confirmed Sale by a customer whether such Order was made through the Website, by telephone, in person or otherwise.

Precious Metal(s)

The term “Precious Metal(s)” means Gold, Silver, Platinum, Rhodium, Osmium, Ruthenium, Palladium and Iridium. Precious Metals are characteristically lustrous, ductile, rare and nonreactive.

Product(s)/Merchandise

The term "Product(s)/Merchandise” means a Product/Merchandise that is the subject of an Order. A Product may include, without limitation, Bullion, a Coin, whether Numismatic, Semi-Numismatic or not, a Precious Metal, Ancient, Modern, and/or supplies.

Purchase(s)

The term "Purchase(s)” means the acquisition of Product(s) by South Bay Galleries LLC from a customer, whether made through the Website, by telephone, in person or otherwise, with the number, quality and price confirmed. A Purchase is distinct from the acquisition by a customer from South Bay Galleries LLC of a Product, which is treated as a Sale hereunder.

Trade(s)

The term "Trade(s)” means the exchanging of Product(s) between a customer and South Bay Galleries LLC, whether made through the Website, by telephone, in person or otherwise, with the number, quality and value(s) confirmed. A trade is distinct from the acquisition by a customer from South Bay Galleries LLC and vice versa of a Product, which is treated as a Sale hereunder.

Contract(s)

The term “Contract(s)” means a legal document issued by South Bay Galleries LLC outlying in detail the trade and/or purchase of a customer’s merchandise for either an exchange or purchase by South Bay Galleries LLC. This will contain the date the agreement was made, the merchandise being purchased or trade, and what each party (South Bay Galleries LLC and the customer) will be receiving. These contracts are legal documents and will be required to be signed and dated by the customer before any trade and/or purchase can be completed.

Sale(s)

The term "Sale(s)” means the acquisition of Product(s) by a customer from South Bay Galleries LLC, whether made through the Website, by telephone, in person, or otherwise, with the number, quality and price confirmed. A Sale is distinct from the acquisition by South Bay Galleries LLC from a customer of a Product, which is treated as Purchase hereunder.

Sale Order(s)/Invoice Number(s)

The term “Sale Order(s)/Invoice Number(s)” means an Order placed by a customer with South Bay Galleries LLC for the acquisition by the customer of Product(s) from South Bay Galleries LLC.

User Content

The term “User Content” means content posted by you on the Website, including without limitation any images or testimonials.

Website

The term "Website” means the websites located at www.southbaygalleries.com.

Contact Us

SOUTH BAY GALLERIES LLC welcomes your questions or comments regarding the Terms

Mail Correspondence To:

SOUTH BAY GALLERIES LLC

414 S. Service Rd #336 Patchogue, NY 11772

Email Address: Info@southbaygalleries.com

Telephone Number: 888-982-1109

Effective as of July 1st 2021

BY CONDUCTING ANY BUSINESS (PURCHASE, SALE, TRADE) WITH SOUTH BAY GALLERIES LLC, A NEW YORK CORPORATION WHETHER IT BE BY PHONE, EMAIL, TEXT MESSAGE, WEBSITE, IN PERSON OR OTHERWISE YOU AGREE THAT YOU HAVE THOROUGHLY READ AND AGREE TO ALL TERMS AND CONDITIONS IN SOUND MIND AND AGREE TO HOLD SOUTH BAY GALLERIES LLC, IT’S OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, WHOLESALERS, DISTRIBUTORS, ASSOCIATES, AND ANY THIRD-PARY HARMLESS AGAINST ANY AND ALL CLAIMS, DISPUTES, AND/OR LAWSUITS. YOU AGREE TO VOLUNTARILY AND KNOWINGLY WAVE ANY RIGHT TO A TRAIL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HERIN. THIS APPLIES TO ALL CLAIMS WHETHER SOUNDING IN CONTRACT, TORT, OR OTHER WISE.

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