Terms And Conditions Of Sale / User Agreement
Please Read Carefully. The following ( terms and conditions of sale disclosure contain the terms and conditions applicable to you at checkout through clickwrap with your access to product information 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 MEMORABILIA ) or one of its affiliates. When used here in, the terms "we," "us" or "our" includes Hollywood Memorabilia Entities. We are not affiliated with HollywoodMemorabilia.com HM. 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.
HIGH RISK ORDERS / We reserve the right to cancel orders that we believe may possibly be fraudulent or problematic ( High Risk ) or our automated fraud protection App may cancel an order if it relates to the fallowing criteria, Example, you are a new customer and have placed an unusually high volume of orders or high volume of orders during a short period., or a customer that has a history of returns and chargebacks from previous orders with our company. The customer appears to have not read or understood our Terms and Conditions of Sale, the customer/s purchasing habits are similar to that of dealers or re sellers. 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 7 days from tracking delivery confirmation of any missing items or issues with an order. BE ADVISED concerning order cancellations, It is possible that an order will ship even if you the customer sends an order cancelation Email! In this case the customer is responsible for return postage / packaging and our same return policy applies.
As a condition of using the Properties, you 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, CLAIMS / In the event that the customer requests a return and refund of purchase amount, Customer agrees to notify us no later than 7 days from the date that tracking information states item delivered to shipping address. In addition the customer agrees to return the item to us BEFORE a purchase amount refund is issued. If the buyer wishes to return an item or claim damaged or defective or item not as described, Unacceptable, The buyer agrees to contact us no later than 7 days from the date that tracking has confirmed the item delivered to the customers shipping address, Refunds are processed with in 10 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 and 10 days for order cancellation request made before order ships. We can not issue refunds after 180 days from the purchase date. Express shipping cost payed by customer if chosen at checkout is not refunded. 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 Memorabilia 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 Memorabilia 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 Memorabilia 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. 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 Memorabilia 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 Memorabilia 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 Memorabilia (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: / ( Sub Sec 4 Disclosure) 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 Memorabilia) 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 Memorabilia 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 Disclosure
Buyer/s Agree with, 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. ) We sell autographs that are what we deem as ( Optic Light Transfer ) meaning the signature/s being offered for sale on the item/s in this store and being shipped to customers were originally on another item ( document ) and placed onto the surface of our item/s by our company with this noted ( Optic Light Transfer method ) this includes paper cuts and any item we offer with a signature on it. Some paper cuts and non photo items may have been obtained from another party. We consider this method of signature transfer to be a trade secret of our company and we may decide not to disclose exactly how this process is performed beyond the information provided here to the customer or public before or after the sale. Buyer/s understand that no two (2) signatures written ( created ) with a writing instrument are %100 exact duplicates of each other and for this reason Hollywood Memorabilia does not consider Optic Light Transfer signatures to be copies or replicas because this noted method does involve the use of a writing instrument. However we do not guarantee this same opinion from other parties. All of our items are certified by our certificate and or any holograms on them as being a genuine authentic autograph in the opinion of our company and we do not guarantee authentication opinions from other parties. The certificate document information that states the origin of the signature/s is in reference to the believed origin of the original signature used in the transfer process described here and not the signature on our documents being offered or sold. In order to prevent fraudulent duplication and use of our items, we may choose not to provide COA provenance information on request before purchase. 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 Memorabilia ) 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 and 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 investment. Hollywood Memorabilia 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 Memorabilia 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. At any time the noted availability of in stock items listed for sale can fluctuate and may not be correct.
In no event shall we Hollywood Memorabilia 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 this 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 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 ( because we forgot to add the price when creating the sales listing ) Inventory of current available items may change at any time before or after purchase.