Terms of service

1. Acceptance of Terms

By accessing or placing an order through bergstromcollect.ca (the "Site"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Bergstrom Collect ("we," "us," or "our"), a business operating under Ontario, Canada law.

If you do not agree to these Terms, you must not use this Site or place any order. We reserve the right to update these Terms at any time without prior notice. Continued use of the Site following any update constitutes your acceptance of the revised Terms.

 

2. Products & Listings

2.1  Product Descriptions

Bergstrom Collect sells collectible trading cards, sports memorabilia, and related items. We make every effort to accurately describe each product, including its condition, grade, and any known defects. However:

•       All items are sold as described at the time of listing.

•       Product images are representative and may differ slightly from the actual item due to lighting, scanning, and screen calibration.

•       Graded cards are graded by third-party grading companies (e.g., PSA, BGS, SGC). We do not independently verify or warrant any grade assigned.

•       Raw (ungraded) cards are described using standard industry condition terminology (NM, EX, VG, etc.). Condition is subjective; our assessments are provided in good faith.

 

2.2  Pricing

All prices are listed in Canadian Dollars (CAD) unless otherwise stated. Prices are subject to change without notice. HST and applicable taxes will be applied at checkout based on your province or territory of residence.

 

2.3  Availability

All products are subject to availability. Because many items are one-of-a-kind collectibles, we cannot guarantee stock levels. In the event an item becomes unavailable after your order is placed, we will notify you promptly and issue a full refund.

 

3. Orders & Payment

3.1  Order Acceptance

Placing an order constitutes an offer to purchase. Your order is not confirmed until you receive an order confirmation email from us. We reserve the right to cancel or refuse any order at our discretion, including but not limited to cases of suspected fraud, pricing errors, or stock discrepancies. If we cancel your order, you will receive a full refund to your original payment method.

 

3.2  Payment

We accept payment through the methods available at checkout, which may include major credit cards, debit cards, and Shopify Payments. Payment is processed at the time of purchase.

•       All transactions are processed in CAD.

•       We do not store your full credit card information; payment data is handled by our secure payment processor.

•       If a payment is declined or later reversed (chargeback), your order may be cancelled and the item relisted.

 

3.3  Sales Tax

Bergstrom Collect collects and remits HST as required under applicable Canadian tax law. Applicable tax rates will be calculated and displayed at checkout based on the shipping address provided.

 

4. Shipping & Delivery

4.1  Processing Times

Orders are typically processed within 1-3 business days of payment confirmation. Processing times may be extended during high-volume periods, holidays, or due to unforeseen circumstances. You will be notified of any significant delays.

 

4.2  Shipping Methods & Costs

Shipping options and costs are calculated at checkout based on the destination and package weight. We ship within Canada and to select international destinations. Estimated delivery times are provided by the carrier and are not guaranteed.

 

4.3  Packaging

We take the condition of collectibles seriously. All cards and memorabilia are packaged using industry-standard protective materials including top loaders, team bags, bubble mailers, and/or rigid boxes as appropriate for the item value and grade. Bergstrom Collect is not responsible for carrier damage once an item leaves our possession; however, we will assist with insurance claims where applicable.

 

4.4  Risk of Loss

Risk of loss and title for items purchased from Bergstrom Collect pass to you upon delivery to the carrier. We strongly recommend purchasing shipping insurance for high-value orders. We are not liable for lost, stolen, or damaged packages once confirmed as handed to the carrier.

 

4.5  International Shipments

International customers are responsible for all import duties, customs fees, brokerage fees, and local taxes imposed by their country. These charges are not included in our pricing or shipping fees and are the sole responsibility of the recipient. Delays due to customs clearance are outside our control.

 

5. Returns, Refunds & Exchanges

5.1  General Policy

Due to the nature of collectibles, all sales are considered final. We do not accept returns or exchanges based on buyer's remorse, personal preference, or subjective condition disagreements.

 

5.2  Exceptions — Eligible Returns

We will accept a return or issue a refund in the following limited circumstances:

•       The item received is materially different from the listing description (e.g., wrong card, wrong player, incorrect grade).

•       The item arrives with undisclosed damage that was not present at the time of shipping and is supported by photographic evidence.

•       A graded card arrives with a cracked or damaged slab that is attributable to our packaging.

To initiate a return under these circumstances, you must contact us within 7 days of confirmed delivery with photographic evidence. Returns will not be accepted for items reported after this period.

 

5.3  Return Process

All eligible returns must be pre-authorized by Bergstrom Collect. Unauthorized returns will be refused. Approved returns must be shipped back in original condition using a tracked shipping method. Return shipping costs are the responsibility of the buyer unless the error was ours.

 

5.4  Refunds

Upon receipt and inspection of an approved return, refunds will be issued to the original payment method within 5-10 business days. We reserve the right to deny a refund if the returned item is not in the same condition as shipped.

 

6. Graded Cards — Special Considerations

Graded cards are assessed and encapsulated by independent third-party grading companies. By purchasing a graded card from Bergstrom Collect, you acknowledge and agree to the following:

•       The grade assigned to a card is the opinion of the grading company, not Bergstrom Collect. We make no representations regarding the accuracy, reliability, or consistency of third-party grades.

•       Differences of opinion regarding a card's grade between buyers, sellers, or grading companies are inherent to the hobby and do not constitute grounds for a return or dispute.

•       Population reports and market values associated with graded cards are subject to change and are not guaranteed to remain constant after purchase.

•       Crossover or reholder results after purchase are the sole responsibility and risk of the buyer. Bergstrom Collect is not liable for any changes in grade resulting from resubmission.

 

7. Prohibited Uses

You agree not to use this Site or any content therein to:

•       Engage in any fraudulent, deceptive, or misleading activity.

•       Resell items purchased from us in a manner that misrepresents their condition, origin, or authenticity.

•       Attempt to manipulate pricing, inventory, or listings through automated means (bots, scrapers, etc.).

•       Conduct unauthorized chargebacks or payment disputes without first contacting us to resolve the issue.

•       Use our brand, images, or product descriptions without written permission.

Violation of these prohibitions may result in order cancellation, account suspension, and/or legal action.

 

8. Intellectual Property

All content on the Site, including but not limited to product photographs, descriptions, logos, and branding, is the property of Bergstrom Collect or its respective owners and is protected by applicable copyright and trademark laws. You may not reproduce, distribute, modify, or create derivative works from any Site content without our prior written consent.

Trading card images reproduced for the purpose of identifying a product for sale are used under the fair dealing provisions of the Copyright Act (Canada) and are the property of their respective manufacturers (e.g., Topps, Upper Deck, Panini).

 

9. Privacy & Personal Information

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By placing an order, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy and as required under applicable Canadian privacy legislation, including PIPEDA.

We do not sell or rent your personal information to third parties. Order and shipping data is shared only with carriers and payment processors as necessary to fulfill your order.

10. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BERGSTROM COLLECT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, or free from viruses or other harmful components.

 

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BERGSTROM COLLECT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for any claim arising out of or relating to these Terms or your purchase shall not exceed the total amount paid by you for the specific item giving rise to the claim.

 

12. Disputes & Chargebacks

We are committed to resolving any issues fairly and promptly. Before initiating a chargeback or payment dispute with your credit card issuer or financial institution, you agree to contact us first at [contact email] and allow us a reasonable opportunity (minimum 5 business days) to resolve the matter.

Filing a chargeback without first contacting us constitutes a breach of these Terms. We reserve the right to provide evidence to your payment issuer regarding the transaction and to pursue recovery of funds and associated chargeback fees. Customers found to have filed fraudulent or bad-faith chargebacks may be permanently banned from purchasing through Bergstrom Collect.

 

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.

For consumer disputes involving amounts of $35,000 or less, either party may elect to resolve the dispute through the Ontario Small Claims Court.

 

14. Indemnification

You agree to indemnify, defend, and hold harmless Bergstrom Collect, its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your violation of any applicable law or third-party rights.

 

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated effective date. It is your responsibility to review these Terms periodically. Your continued use of the Site after any modification constitutes acceptance of the revised Terms.

 

16. Contact Information

For questions, concerns, or return requests, please contact us:

 

Bergstrom Collect

Website: bergstromcollect.ca

Email:   info@bergstromcollect.ca

Location: Brampton, Ontario, Canada