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HERO RESTORATION - BOOKS NOT BEING RETURNED
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961 posts in this topic

On 6/20/2023 at 5:03 PM, ExNihilo said:

I forget where, but I thought at one point transactions that occurred outside the boards still qualified for the PL, but I can't seem to find that verbiage in the PL Discussion Thread.

It's listed here in the rules section.  

Specifically.....Rule #1......Section D.

 

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On 6/20/2023 at 5:14 PM, ExNihilo said:

I'm wondering, at what point does this qualify for the Probation List?

It qualifies as soon as someone is willing to write it up and press send.

The real debate might come if some said it should be a HOS vote. That would get interesting. If someone demands their books back and he wont send them, there is a good argument imho.

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On 6/20/2023 at 7:56 PM, MR. Pontoon said:

While it's normal and acceptable for an internet chat forum to drift off into tangents, it would be wonderful if we could keep this particular, important thread on subject.

You'll never have this when people feel its their god given right to push themselves into any conversation, whether it pertains to them or not 

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On 6/22/2023 at 12:32 AM, Steviehuv66 said:

I received my FF #5 back from Heroes Restoration yesterday after requesting the book to be returned since the end of April.

I purchased the book raw in 2015 at the NYC Big Apple Con.  The book has trim on the upper left corner which was fully disclosed to me when I purchased it.  I had the book graded by CGC and it came back in a purple label 5.5 with the only restoration being the trimmed corner.
 

In May 2022, I mailed the book to Mike at Heroes Restoration after discussing the potential of raising the grade after a he performed a full restoration to the book.  I had used Heroes Restoration twice before and found them to be professional. I paid 2k for the services upfront as is required by Heroes. 

In 2023, after reading and hearing about Mikes health issues and the financial downturn of his company,  I asked for the book and a refund to be made to me. He had not yet cracked the holder to work on the book.

I was told getting the book returned and a refund are two different matters. He referred me to the Terms of Agreement concerning a refund. 
 

I have not received a refund but I am happy to have the book back.

IMG_4216.jpeg

I wonder how well his Terms Of Agreement would hold up in Small Claims? 

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HERE are the terms and conditions that were cut & pasted from somewhere else.

I would assume the specific if not poorly worded clause he is trying to hide behind is this:

Quote

25. Payment for pressing and restoration:

Payment is not due until after Hero Restoration LLC receives the collectables, and sends the invoice by email and SMS messaging to the client. Once received, the submission cannot be changed, and the invoiced amount becomes due by the due date. This is regardless if work has begun or not (processing and administrations occur immediately). It is the responsibility of the client to at minimum observe the price, approximate length of wait time, and any other special conditions on the website, and the submission form. To not do so indicates a waiver to any dissatisfaction of choices of options. If a turnaround time is shown, or discussed, it is only a rough guess estimate without consideration of outside factors. Submissions that take longer than the client planned, understood, or was under the impression of, are not considered a guarantee, a promise, or provide an alternative course of action ending the contract. Both Hero Restoration and the client’s agreement is the work to be completed in the length of time that is at the best of Hero Restoration LLC’s ability, without sacrifice to the process or results. Hero Restoration LLC reserves the right to terminate the contract for any reason deemed important enough to do so. Under those circumstances the client will receive a refund, minus cost incurred during the time the submission is in Hero Restorations possession. If the client wishes to breach the contract by canceling the work, the property will be returned to the client as requested. In no circumstance if client chooses to terminate the contract, will there be any liability in part to Hero Restoration LLC, or any of its affiliates, or any of its respective employees, officers, directors or agents, be liable to client or any other party to refund part or all of payment made on the contract the client is canceling, and is considered in default, forfeiting the funds paid.

I only have some limited paralegal experience in trademark work (this is not legal advice), but this type of language has previously been struck down and will not hold water if brought before a court. If anyone decides to pursue action on their own they should litigate not only HR but Mike individually as well through civil means.

Edited by DougC
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