AmbroseBauer Trains
The Nation's Foremost Marketplace of Toy Trains & Toy Train Auctions
  Legal   Office:   Post   Office   Box   14537,   Pittsburgh    Pennsylvania    15234  
  Telephone: 412 - 833-1700 Fax: 412 - 833-1170 E-mail: ambrosebauer@comcast.net  

Absentee Bidders:
AuctionsBy™ Live:

Welcome to the World's Largest List of Postwar Lionel Trains!

TERMS and CONDITIONS

QUICK REFERENCE: To allow your order to ship as quickly as possible:

  • i) We accept personal checks, bank checks and money orders only. No electronic payment services unless payment is made by them to us by physical check and no credit cards. Items must be paid for within 10 days of the close of the auction unless you telephone us first to make other arrangements;

  • ii) Please print out the first page of this e-mail to include with your payment. If that is not possible, please be sure to include the Train Model Number and the E-Bay Number of the item for which you are paying in clear writing;

  • iii) Please be sure to include inside the envelope and in clear writing your name and the address to which you want us to ship your item;

  • iv) Please include whether you want the item insured, the amount you want to insure it for and the amount you are including in your check for said insurance (SEE BELOW FOR NEW POSTAL INSURANCE RATES; NO INSURANCE TO CANADA AND SHIPMENTS TO CANADA MUST INCLUDE EXTRA SHIPPING AS NOTED BELOW);

  • v) The amount of optional insurance noted in the e-bay listing is only for $50.00 coverage. If you send us this amount you will only receive $50.00 in coverage. If you want coverage to the actual amount of your winning bid, please see below for the new postal insurance rates;

  • vi) Because of our obvious volume, it is impossible for us to e-mail you as when we receive your payment. I apologize if this causes you issues. However, beginning on July 6, 2004 we will e-mail you at your e-bay registered email address when your item is packed and ready for pick-up by the Post Office;

  • vii) Please telephone us (not e-mail) if you have any problems. 412-833-1700. I do not personally respond to or answer e-mails, although my staff has been directed to respond to intelligent and kind e-mails

We do our shipping based on having a physical envelope in front of us that contains all information necessary to ship your item. If you do not tell us what you are paying us for, or what your name and address are, the envelope goes to the bottom of the pile and NOTHING is done with it until you telephone us to give us the information you should have given us when you sent payment. Accordingly, please do not tell us to ship to the address on your check because we will not have your check when it is time to ship your item. Please remember that unless otherwise noted in the listing, we do not test items. If we note that an item works, we do not warrant the operation of the item or your satisfaction with the operation of the item. If an item does not work or does not work to your satisfaction, you may return it per the stated return policy. However a mint item may not be returned if it has been operated or placed on the track and obviously an item that is sealed may not be returned if the seal has been broken.

NEW POSTAL INSURANCE RATES: Up to $50.00: $ 1.30 $50.01 to $100.00: $2.20 $100.01 to $5,000.00: $ 2.20 plus $1.00 per $100 over $100.00. NO INSURANCE TO Canada Examples: Total Insurance Cost for $80.00 item: $ 2.20. Total Insurance Cost for $175.00 item: $3.20. (i.e. $2.20 for $100.00 coverage plus additional $1.00 for additional $100.00 coverage up to $200.00 for a total of $200.00 coverage). Total Insurance Cost for $285.00 item: $4.20 (i.e. $2.20 for $100.00 coverage plus additional $2.00 for additional $200.00 coverage up to $200.00 for a total of $300.00 coverage).

INTERNATIONAL POSTAGE (CANADA): The flat rate shipping charge is only applicable if you live in the US-48. If you live in Canada and are the winning bidder on a single car, just add $2.00 for the first car, $1.00 for additional cars. Add $5.00 for an Engine or a Set. If you have purchased a great deal of items and live in Canada, please either telephone me or write to me via the post office so that I can send you a single price. No Insurance to Canada. If you live outside the United States and Canada, please e-mail us for a postage quote.

ALASKA/HAWAII POSTAGE: The flat rate shipping charges is only applicable if you live in the US-48. If you live in Alaska or Hawaii and are the winning bidder on a single car, just add $2.00 for the first car, $1.00 for additional cars. Add $5.00 for an Engine or a Set. I ship by Priority Mail and Post Office does have excess zone charges for these states.

RETURNS: If you want to return an item, you do not need to e-mail or telephone us. Just be sure to ship it back to us within five days of your receipt in the same condition, packing and type of shipping as when we sent it to you. If we shipped you the item not inside the original box you may not return it to us inside its original box. Damaged items may not be returned; items that were mint that you ran or operated may not be returned; items that were sealed that you broke the seal may not be returned. We will send you a check for your bid price 7-10 days after we receive your qualified return. A Return can not be made if you are in default of any other contractual obligation to me or AmbroseBauer Trains. If you have returned an item to me and have not received the refund check within three weeks, please call us: there is either an issue or your check has been lost.

IF WE SENT YOU THE WRONG ITEM: Sometimes we mix up address labels. We try to be careful but we do a great deal of volume each week and my staff is mostly human. If we sent you the wrong item, please as quickly as possible ship it back to us with a note as to the correct item that you purchased. We will then ship you your correct item as well as a check for the amount of your return postage. If you fail to ship back an incorrect item within 10 days after your receipt you will be deemed to have accepted the incorrect item as the correct item and the transaction is closed unless the incorrect item has a higher value than the one that you paid for, in which case you will be responsible for payment to us of the difference price.

TYPOS: Despite our attempt to be careful in my listings, sometimes typos or mistakes will happen in auctions. We might have included a picture of the wrong item, typed in an nonexistent model number, or might have made some other mistake that has caused the item that we actually have for sale not being properly identified in our listings. My staff apologizes for such mistakes. Obviously, in such a case, the auction is voidable by either party. If we list an item that turns out that we do not have, we will be glad to sell you the same item in the same condition for the same price if we pick it up in the next ninety days after the close of the original auction. In such a case, if you have a problem with this, please telephone us. We are very reasonable and would like to work something out that is fair to both parties.

PROBLEMS: If you have a problem with any portion of your order, please telephone me weekdays. 724-796-1170. When you do phone me please understand that I proceed in good faith on all matters and expect a similar response and tone from you if you expect any kind of response from me. Do not e-mail me as to problems. My staff has been instructed to ignore e-mails that are not intelligent and kind or deal with issues that should be resolved by a telephone call to me.

INSURANCE: Add insurance if you want it. If you want an item insured, you must actually pay the insurance fee that the post office will charge in addition to the price that we quoted you. Needless to say, irrespective of standard requests that may be made, an item will not be insured unless you actually include the additional insurance fee along with your payment. You can not insure an item for more than the highest even hundred dollar amount that you paid for it. (i.e. $100.00 for an item you paid $87.88 is ok). Also, just including the amount is not enough. We need to be able to ascertain from your letter that you are paying us for insurance and the amount of the insurance you want. If you pay for insurance but do not tell us, you consent to the package not being insured. Also, please note that as a result of the software that we use to list items, which is furnished by e-bay, we are only able to include the $1.30 rate for $50.00 worth of insurance in the listings and not an increasing scale of the actual cost of insurance depending on the end-of-auction actual sale price of the item. If you include only $1.30 for insurance the item will only be insured up to $50.00 irrespective of the actual end-of-auction sale price.

IF YOU DO NOT PURCHASE INSURANCE, you have no claim if your item is lost or damaged for any reason.

SALES TAXES: Pennsylvania residents must include with their payment Pennsylvania Sales Tax for all items with a bid price of $200.00 or greater. We will pay the sales tax on items with a bid price of less than $200.00. The Sales Tax in Pennsylvania is Six Percent (Seven Percent in Allegheny and Philadelphia Counties). If you are a Dealer and have a Sales Tax Certificate, please include it with your payment so that Sales Tax is not required. Items will not be shipped until the Sales Tax is paid.

PROOF OF SHIPMENT: We keep the master postage receipt each day that I ship that shows each item shipped and the zip code to which it was shipped. If this is not sufficient proof for you that we actually mailed out your item, then please insure your item so that there will be a separate receipt for the item and a tracking number (if it is insured for $100.00 or more). Payment by you as to an item without insurance is consent to this sole method of record keeping as well as the other notices contained herein.

E-MAIL ISSUES: I do not personally respond to e-mails nor do I answer e-mails. My staff has been directed to answer e-mails that are intelligent and kind and do not involve problems that should be resolved in a telephone call to me.

WHAT IS NECESSARY FOR TIMELY SHIPMENT: Include your name and the address of where you want us to ship the item inside the envelope that contains payment. Do not e-mail us this address. We can not ship to any other address than the address listed in your payment envelope. Also, do not assume that We can get this from your check as We will not see your check before it is deposited. Also, please be sure to put a note as to what item you purchased (in plain English, preferably not just the e-bay number). You will be amazed as to the number of envelopes we get each month that includes only a money order inside, without any address or any mention as to for what the money order is enclosed. Needless to say, those transactions go to the bottom of the pile and take the longest to ship out. Further, if we sent you the wrong item because you failed to state in your payment letter what item you are purchasing, then you are responsible for all return postage. PLEASE INCLUDE NOTICE OF THE ITEM THAT YOU ARE PURCHASING IN YOUR PAYMENT ENVELOPE.

MULTIPLE ITEMS: Do not get upset if you see the same identical item listed by us on e-bay a few days after the close of the auction that you were the high bidder. We are not selling you out. We just happen to have more than one of the item. However we will relist items if we have not been paid for them within twenty days of the close of the auction.

MULTIPLE ORDERS: If you have won multiple orders, We can only ship them together at a reduced postage price if we receive payment in ONE envelope and only for items that are sold on the same day. You will receive an e-mail with us if you won more than one item with a combined and reduced postage rate. Items won one week may not be combined with items won another week.

PAYMENT: I must receive payment for items in a timely manner (i.e. TEN DAYS). Checks, Cash or Money Orders only. No Credit Cards. I will send you a SECOND NOTICE if I have not received payment within ten days and also will have e-bay send you a reminder notice at that time. If payment is not received by the 20th day, I will put through a credit request with e-bay as to the transaction and send you a FINAL NOTICE. If payment is not made within two days of the Final Notice, the item will be relisted and negative feedback left. Obviously if you are out of town or there are other issues I should know, I will grant additional time IF YOU CONTACT ME FIRST. I am very reasonable if I am quickly contacted by telephone. Naturally, I do not know what you do not tell me so please telephone me the week after the listing has ended.

OUR SHIPPING SCHEDULE: We now ship three days a week but the Post Office only picks up the packages the next weekday after they are packed. If you have not received your item within THREE weeks of the date you mailed payment we welcome a phone call from you so that we can inform you when we think your item might be mailed. Items that we have not received payment for more than twenty days after the close of the auction may take an additional 2-3 weeks to ship as old items are usually moved to another location.

SHIPPING LIMITATIONS: We cannot ship UPS (United Parcel Service). We do not deliver items at Train Meets, or anyplace else; nor do we allow anyone to pick up of items under any circumstance at our address.

NOTIFICATION OF SHIPPING/RECEIPT OF PAYMENT: Please note that due to the volume of shipping that we do each week it is impossible to e-mail you when we have received your payment.

FEEDBACK: Thank you again for bidding on my e-bay items. We will leave positive feedback in response to positive feedback left for me once a month. Negative feedback will conclude any and all outstanding transactions. Leaving negative or neutral feedback, in content, title or in tone, will include you in our list of barred bidders and will preclude you from further bidding on my items and those of AmbroseBauer Trains.

RETURN POLICY: As my listing stated, we offer a no question ask return policy if you are not satisfied with your item. Just timely return the item to us, there is no need to e-mail me. The refund will be the price paid minus shipping both ways. A $7.50 Handling Fee will be charged if, for any reason, we only receive your return more than 40 days after the close of the auction (this fee is waived if it took us more than two weeks to mail out your item after your payment has been deposited and cleared). In any case, the returned item must be returned to us in our possession within five days after you received it. Further, it must be returned to us in the SAME CONDITION and the same manner it was in at the time that we shipped it. Obviously, if the item is damaged in transit, it can not be returned to us pursuant to my return policy since it is not in the same condition that we shipped it. We send out refund checks 7-10 days of us receiving your qualified return.

MORE DISCLOSURES: Please remember that unless otherwise noted in the listing, we do not test items. If we note that an item works, we do not warrant the operation of the item or your satisfaction with the operation of the item. If an item does not work or does not work to your satisfaction, you may return it per the stated return policy. All train items are graded in good faith pursuant to our understanding of the grading standards of the Train Collectors Association as actually applied by most knowledgeable collectors who sell or buy substantial amounts of trains each year. Train Boxes are graded pursuant to the widespread DJB Standard Box Grading Standards. Although the TCA does not use plus and minus in their grading standards, we use them to convey which range of a particular grade the piece is closer. We believe such a use gives a potential purchaser a better idea as to the actual subjective grading of a piece. All standards are obviously subjective but we have been grading items for over thirty years. We include "in my Opinion" in each of our listings to make the point that the grading is our personal opinion and that others may have a different opinion. The fact that we might miss on grading one of the 500 items we grade each month only makes us human. Your sole remedy if we misgraded an item is to return it per the return policy and be confident that the next item that you buy off us per the odds will likely be undergraded. Please note that on each used item we include at least three or four high quality photographs with the listings so that you can make your own opinion as to its condition. We expect each bidder to view these photos and as such our listings do not necessary include all information as to an item that can easily be ascertained by the viewing of the photos.

WARRANTIES: All items are sold as is where is, except as noted in these Terms and Conditions. We are Collectors, not an authorized Lionel dealer or that of any other manufacturer, and as such no warranties are given or provided on any item.

GENERAL E-MAILS SENT TO YOU: Beside the automatic e-mail that is sent to the high-purchaser at the close of the auction, we might send out two or e-mails a year of a general nature to the individuals who have purchased items off us in the past on e-bay. If you do not want to receive such e-mails when we receive large collections, we need to receive from you a letter mailed using the United States Postal Service stating this. Otherwise it will be deemed that you have consented to such e-mail(s). We do not sell or give to anyone else our list of e-bay customers (but for the purposes only of this Paragraph, we consider drewbauer.com and ambrosebauer.com to be the same entity).

DREW J. BAUER, ESQUIRE
Post Office Box 14537
Pittsburgh, PA 15234
(412) 833-1700


AmbroseBauer-Trains AmbroseBauer-Auctions Drew Bauer

Note: Private Internet-only Auctions are conducted by Drew J. Bauer, Esquire. Drew is a member of the Bars of the Courts of the Commonwealth of Pennsylvania, the United States District Court for the Western District of Pennsylvania and the United States Court of Appeals for the Third Circuit.

 

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