Terms And Conditions Of Sale Agreement
The following ( terms and conditions of sale ) contain the terms and conditions applicable to you at checkout through clickwrap with your access to and use and purchase of goods from this website including the mobile version, if applicable (collectively, the "Website"). The Website is operated by ( HOLLYWOOD AUTOGRAPHS ) or one of its affiliates When used herein, the terms "we," "us" or "our" includes Hollywood Autographs Entities. If you do not agree to be bound by these Terms and conditions of sale as per clickwrap agreement, you may not make a purchase of any items listed on this website. These Terms and conditions may be changed, modified, or altered by us at our sole discretion at any time without prior notice. We reserve the right to cancel orders that we believe may possibly be fraudulent or problematic or that the customer appears to not have read or understood our Terms and Conditions of Sale!
SEC / 01 DISPUTES / Any dispute or claim relating in any way to your use of any or our website or to any products or services sold or distributed by Hollywood Autographs or Hollywood Autographs will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will not reimburse any fees and we may seek attorneys' fees and costs in arbitration. We may choose to have the arbitration conducted by telephone, in writing or in the county, state of our location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SEC / 2 RETURNS REFUNDS / CUSTOMS / We must receive a return request Email no later than 10 days from the time USPS tracking has confirmed the item delivered. Refunds are processed with in 5 - 7 days from the time we receive the item back and 20 days if we agree to a return after the initial 10 day period from the time tracking has confirmed delivery. Customer pays the return postage cost. We reserve the right to place on hold or cancel unusually large orders, pending more information about the customer. Hollywood Autographs is not responsible for items held in customs or tariffs and import duties on items shipped to customers outside of the United States and is the responsibility of the buyer to work with customs to resolve a dispute. Hollywood Autographs is not responsible for any and all damage to the item acquired during transit. Customer agrees that at the time of delivery confirmation to the buyers shipping address by the postal service through tracking information, The buyer is responsible to notify us of any insured amount desired for the item at or before the time of sale. In an instance where the package is lost or missing in transit, a refund of the purchase amount of the item will not be processed until such time as the postal authority has conducted a tracing investigation of the package and determined it's location or 60 days from the date the package is reported missing or whichever comes first. We reserve the right to ship items only after payment has cleared or been dispersed to our personal banking account. In no event is Hollywood Autographs liable for any amount above the price paid by the buyer. There will be no refunds issued after 180 days have passed from the purchase date,no exceptions.
Hollywood Autographs welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to Hollywood Autographs be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Hollywood Autographs (whether submitted directly to us or posted on any us hosted forum or page), you waive any and all rights in the Feedback and that us is free to implement and use the Feedback if desired, as provided by you or as modified by us without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to us must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.us reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Shopify’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
This Agreement became effective on April 12th 2020 † While using the Site, the User will not:
- (1) Violate any laws, or any 3rd party rights,
- (2) Use the Site if you are not able to form legally binding contracts, or you are under the age of 18,
- (3) Transfer your User Account and User ID to another party without our consent;
- (4) Copy, modify, or distribute content from the Sites and Autographs Authentication Store’ copyrights and trademarks; or
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying for your order on the Site with an approved valid method of payment.
Shipping costs if any are charged at checkout. They are charged by known weight, and the location for delivery has been input into the Endicia software program. All orders pay the handling charge at checkout $7.50 for all customers, as describe on the detail pages or each, and every item offered on Autographs Authentication Store.
Much of the information and products on the Site are updated daily and is proprietary, useful and verified by Hollywood Autographs You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not:
- (A) Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Autographs Authentication Store, as applicable, or use this name for the purposes of resale, without written permission
- (B) Interfere or attempt to interfere with the proper workings of the Site or any activities conducted on the Site; or
- (C) Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
When you buy something from a seller who accepts PayPal, you may be eligible for a refund under PayPal’s Purchase Protection program. When applicable, PayPal’s Purchase Protection program entitles you to reimbursement for the full purchase price of the item plus the original shipping costs you paid, if any. PayPal determines, in its sole discretion, whether your claim qualifies for the Purchase Protection program. PayPal’s original determination is considered final, but you may be able to file an appeal of the decision with PayPal if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process.
IMPORTANT: You may be required to return the item to the seller or other party we specify as part of the settlement of your claim. PayPal’s Purchase Protection program does not entitle you to reimbursement for the return shipping costs that you may incur.
PayPal’s Purchase Protection program may apply when you encounter these specific problems with a transaction:
- You didn’t receive your item from a seller (referred to as an “Item Not Received” claim), or
- You received an item, but the item isn’t what you ordered (referred to as a “Significantly Not as Described” claim).
If you believe that a transaction made through your PayPal account was not authorized by you, this type of claim is different from the Purchase Protection program, and is described below under Liability for Unauthorized Transactions and Other Errors.
Section 4 Claims / PayPal
Your claim will not qualify for a refund under PayPal’s Purchase Protection program for an Item Not Received claim, if:
- You collect the item in person, or arrange for it to be collected on your behalf, including if you use PayPal in a seller’s physical store, or
- The seller has provided proof of shipment or proof of delivery.
If the seller presents evidence that they delivered the goods to your address, PayPal may find in favor of the seller for an Item Not Received claim even if you claim you did not receive the goods.
CONTACT We ( Hollywood Autographs ) may contact (i) you, (ii) the customer (iii) the applicable shipping company, (iv) our item manufacturer, and (v) any other relevant party regarding any claims you file.
we may also (i) contact you to request feedback about your experience with the item(s), the sale, and/or Service, and (ii) contact companies (e.g., shipping companies, shipment tracking companies) on your behalf to request shipment tracking information shared by or on behalf of the buyer.
we may communicate with you regarding your purchase by means of electronic communications, including (i) sending electronic mail to the email address that you provided to the us or to a third party, or (ii) sending you a post-purchase survey when you purchase on our site. You agree that Hollywood Autographs may communicate with you by means of electronic communications the following: these terms (and revisions or amendments), your purchases, notices or disclosures regarding Purchase Protection, refunds, and any other matter rel to your use of Service.
Electronic communications will be deemed received by you when we the seller sends the electronic communication to your email address. For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we the seller may provide those communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (i) you may request a paper copy of such an electronic communication, and we the seller reserves the right to charge a fee to provide such paper copy; and (ii) we the merchant reserves the right to terminate your use of Service or your Purchase Protection if you decline or withdraw consent to receive electronic communications from we the merchant or google.
In addition to the electronic communications authorized under this section, statements, notices and other communications to you may be made by mail, e-mail, or other reasonable means. we the merchant may also provide notices of changes to these terms or other matters by displaying links to notices on our the merchant websites or an affiliated or partner company.
Sub Section 4
Buyer/s understand and are aware of all the information in this section at the time of purchase as per clickwrap agreement at checkout that the items on this site are not in any way endorsed by any named entertainer Band Member on this site or any member contracted product or affiliate business and that the use of the word "Official" on this site or any document affiliated with this site, refers ONLY to any licensed or trademark product and NOT any signatures that are on them ) i.e. Beatles LP Album, promotional photo, or any item that bears a trademark of its manufacturers that we may offer for sale on this site and is a separate entity. EXAMPLE: Capital Records, Apple Corp. ) Buyer/s understand that this e - Commerce site "Hollywood Autographs" and all of the items / autographs on this website have been signed using an optic light transfer process involving a signature on a separate document that was transferred onto the item we sell with a writing instrument in that we consider a form of authentic autograph. When we use the word " hand signed " this means that the autograph/s were written with a hand writing instrument and not a copy or printing device. All of our items are certified by our certificate only as being a genuine Hollywood Autographs issue item and contains information that we consider a trade secret of our company in that we may choose not to describe beyond the information provided here in. Certificate Signature provenance information refers to the believed origins of the signature on the separate document described in the process here. No two hand created signatures are %100 identical. While we try to describe our items and information on the certificate as accurately as possible, there is no guarantee that they are error-free. Some of our sales listings may contain photos of items that were not taken or owned by "us" but are being used by "us" for descriptive purposes if we happen to have the same pictured item for sale and have not been notified of any copyright violations by the genuine copyright owner. The item prices are correct at the time of publication but are not guaranteed until the time of ordering as they may fluctuate even during short periods of time. Buyer agrees not to hold ( Hollywood Autographs ) responsible for opinions from 3rd party autograph and memorabilia authentication companies concerning our items as these entities may or may not give favorable opinions concerning our items. We make no claims or guarantees as to monetary value of our items by price / description / resale value or collectible. Hollywood Autographs is not liable for any amount above the original purchase price. Buyer agrees that at the time of sale, that they ( buyer ) has been provided with satisfactory information and photographs concerning the item/s as it is the responsibility of the buyer to ask any and all questions that may be of concern to the buyer concerning the item BEFORE purchase.
POINT OF SALE / INVENTORY / If at the time of sale, the item is multiple stocked " meaning more than one available, while the photo or item will be the same as pictured ( unless customer is notified before shipping ) the signature on the item that the buyer/s receive will be slightly different in style as no two (2) hand created signatures are %100 identical. This may happen because after an item is sold. photos of items in the sales listings do not always update in time between sales / orders of a specific item.