Terms And Conditions Of Sale And Use Agreement
Please Read Carefully. The following ( terms and conditions of sale ) contain the terms and conditions applicable to you at checkout through clickwrap with your in access to and use and purchase of goods from this website including the mobile version, By clicking " agree " at checkout, the customer acknowledges that they are aware and understand the information concerning our items and the sale of them in this agreement. If applicable (collectively, the "Website"). The Website is operated by ( HOLLYWOOD AUTOGRAPHS ) or one of its affiliates When used here in, the terms "we," "us" or "our" includes Hollywood Autographs Entities. The use of this website is at your sole risk and 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 item 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 and orders that may involve a re seller / dealer. We do not ship to addresses outside of the USA. We are not responsible for orders forwarded from a USA shipping address to an international address as this is against our sales policy. Buyer agrees to contact us no later than 10 days from tracking delivery confirmation of any missing items in an order.
As a condition of using the Properties, youl and we agree that any and all disputes, claims and causes of action (collectively, "Claims") arising out of or connected with the Properties (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.
You may seek arbitration of a Claim by contacting our registered agent at: Corporation Service Company, 1201 Hays Street, Tallahassee, FL 32301. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. Payment of all filing, administration, arbitrator and/or mediator fees ("Fees") will be governed by AAA's rules. The AAA's rules are available at: www.adr.org or call 800-778-7879 (toll-free) for instructions on how to obtain a copy. Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys' fees and costs associated with the arbitration. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, or the United States District Court for the District of Delaware. For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Delaware (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims.
SEC / 2 RETURNS REFUNDS / CUSTOMS / We must receive a return request Email no later than 7 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 and packaging. Buyer understands that in the event of a return. if tracking info can not be provided and we do not receive the item back, buyer may not be entitled to a refund of purchase amount. 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 may 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 or 21 days have passed since the shipping date with no updated tracking information. 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. If the customer has received the item and requested a return, no refunds shall be issued until we have the item back in our possession. Customer agrees to be bound by the terms of any shipping delay notices that are posted on the site on or before the time of order concerning refunds and order cancelation. Hollywood autographs works with a third party merchant provider to process our payments from customers. If at any time our merchant places a hold on our payments, we may choose to delay the shipment of orders placed until such time as the review is complete and the funds are released from our merchant to us. If for any reason the funds are unable to be released to us from our merchant we may choose to cancel any pending orders and advise the merchant to refund the payments back to the customers.
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.
Purchase Protection Program
When you buy something from a seller who accepts Visa / Mastercard you may be eligible for a refund under a Purchase Protection program. When applicable, a Protection program entitles you to reimbursement for the full purchase price of the item plus the original shipping costs you paid,
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. Some Purchase Protection programs do not entitle you to reimbursement for the return shipping costs that you may incur.
a 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 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: Product Claims, Disclaimer and Guarantees / Contact
Your claim may not qualify for a refund under a 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 at 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, visa / master card 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 related 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 / persons named on this site or the products sold 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 / autographs 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 we sell hand signed autographs and what we call hand signed optic light transfer / and that the signature on the item they receive may have been signed using what we call an optic light signature transfer process performed by a second party involving a believed or known authentic signature on a separate document that was transferred onto the item we sell in that we consider an authentic autograph and not a copy, however we make no guarantees of opinions from other third parties. How and who performs this signature transfer process is considered by us to be a trade secret of our company in that we may choose not to discuss with the public beyond the information provided here. When we use the word " original hand signed " this is because the transfer process of the signature/s involve a hand writing instrument and not a copy or printing device as no two signatures written / created with a hand writing instrument are %100 identical, All of our items are certified by our certificate ONLY as being a genuine Hollywood Autographs issue item and considered authentic in the opinion of our company. 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.. 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 any 3rd party autograph and memorabilia authentication company concerning our items as these entities may or may not give favorable opinions concerning our items as such we will not issue refunds as a result of their opinions. 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. Any number of years of experience in the hobby noted on our certificate document refers only to the time period that the store owner has been collecting and or selling memorabilia items. If the original buyer of any items from this store should decide to re sell the item/s to a third party, we Hollywood Autographs are not responsible for any part of the sale and any information provided to third party buyers from or by the original purchaser of our items from this website.
In no event shall we Hollywood Autographs or our affiliates be liable to you or any third party for any indirect, consequential, exemplary incidental, special or punitive damages, including lost profits, loss of goodwill, loss of reputation, cost of cover damages or intangible losses of any kind arising from your use of this property, your inability to use this website or any products or services available through the website even if the website parties your inability to use the website or products and services available through the website even if the parties have been advised of the possibility of such damages not with standing anything to the contrary herein, the website parties liability to you for any cause what so ever and regardless of the form of the action will at all times be limited to the no greater than the purchase amount of the item.
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, the signature/s on the item that the buyer/s receives will be slightly different in style as no two (2) hand writing instrument 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 and may not if the same pictured item is still in stock. We reserve the right to cancel an order if there is a pricing error in the sales listing at the time of sale. Generally this may happen on new listings when the price is zero by mistake.