Terms & Conditions
HOLLYWOOD PICTURES' Exclusive Collection of Certified Set Props, Decorations and Wardrobe Shop Terms & Conditions
November 4, 2022
Welcome, and thank you for your interest in our Collection with thousands of Certified Set Props, Decorations and Wardrobe Pieces.
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Our terms and conditions cover the use of our Shopify store for purchasing the collection of Studio or Network authenticated items known as props, decorations and wardrobe, which are offered for sale through the store. These items were certified and signed off on by third party studios which created the shows, and or other sellers, who previously obtained certification from the Studio or Networks.
From time to time, we may amend these terms for compliance with ever changing applicable laws and regulations.
We will make reasonable efforts to notify you of future changes via email or on the Shop. Modifications are effective immediately after they are made available through the Shop. Your continued use of the Shop after changes to our terms have become effective indicates that you have read, understood, and agreed to them.
All sales payments made through our Shopify store are managed by Shopify’s terms and conditions for payments, and can be paid in the respective currency and payment provider options Shopify has selected for you to choose from.
We fulfill orders on site, and if we can combine orders safely, we will do so. Certain Items may be subject to additional shipping and handling fees as stated on the relevant page(s) of the Site or otherwise disclosed to the Buyer.
Shipping costs, and method of shipping options, will be provided to Buyer upon checkout by Shopify 3rd party options. Items will ship the same week as ordered, or sooner, unless otherwise communicated by our customer service team. In rare cases, items can take 4/6 weeks based on size and proper authentication required by a third party.
Sales taxes will be applied to all purchases shipped to California addresses and otherwise as required by law.
Buyers are responsible for any other taxes, including all taxes, import duties, customs fees, tariffs and other charges associated with international shipping. International (i.e. non-United States) Buyers will be required to pay any applicable taxes, import duties, customs fees and tariffs at the time of delivery. If you refuse to pay and decline delivery, you agree to pay all costs of returning your Item to Hollywood Pictures and authorize Hollywood Pictures to charge your credit card for these costs.
In the event that the Buyer refuses to accept a shipment, and the Item is returned to us, we may charge the Buyer 50% of the Total Purchase Price of the returned Item, plus all shipping charges incurred in the return shipment of the Item. The balance of the Total Purchase Price for the Item and related fees will be issued to the Buyer only as a credit to be used against future auction purchases. This will not apply if you are a UK/EU Consumer and you are exercising your legal right to reject the Item (please see "Consumer Rights and Remedies for UK/EU Consumers" section below ).
All descriptions of the Items for sale or other statements related to such Items, including, but not limited to, descriptions on the Shop, in announcements, press releases, or advertisements, or in any bill of sale or invoice, do not, and shall not under any circumstances be deemed to, create or constitute representations or warranties of any kind by us. or Seller and none of the foregoing are a part of the basis of the bargain of the purchase and sale of any Item. If you are a UK/EU Consumer, this section is subject to the specific terms in the "Consumer Rights and Remedies for UK/EU Consumers" section below. If an item is not available or damaged when our warehouse is ready to ship, we will provide a credit or new item that is double the value of the original SSRP, of the item which was not available.
We may provide a “Certificate of Authenticity” regarding an Item that is certified by the Seller and that we are not responsible for, and does not verify, the accuracy of statements made in that certificate.
You agree that you will be responsible for your use of the Service, and you agree to indemnify and hold us. and Seller harmless from and against all losses, costs, liabilities and expenses, including reasonable legal fees (including the actual costs of attorneys or solicitors, as applicable), arising out of or related to your violation of any portion of these Terms or any applicable law or regulation, to the fullest extent permissible pursuant to applicable law.
You acknowledge that Items are pro and studio wardrobe, made or procured for the show or movie specifically, which may or may not be new, may exhibit wear associated with their used condition, and may have the original manufacturer and wardrobe tags. You further acknowledge that some Items offered for sale on the Service are inherently dangerous (e.g., prop weapons, sharp or broken objects, small Items that may be swallowed or ingested, or Items that may have latent defects, all of which may cause harm to a person) or may be inoperable (e.g., cell phones may not work).
In the event that you have a dispute with a Seller regarding an Item, or with us regarding the Service, regardless of the nature of such dispute, to the maximum extent permitted by applicable law you release us or Seller, respectively (including its affiliates, directors, officers, employees, contractors, and agents), from claims, losses, damages, and liabilities, including legal fees and expenses (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If you are an Australian Consumer, this section is subject to the specific terms in the "Consumer Rights and Remedies for Australian Consumers" section below.. If you are a UK/EU Consumer, this section is subject to the specific terms in the "Consumer Rights and Remedies for UK/EU Consumers" section below.
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
ATTN: HOLLYWOOD PICTURES
4223 Glencoe Avenue C115 Marina del Rey, CA 90292
Unless you are a UK/EU Consumer (in which case see the paragraph below), these Terms provide that all disputes between you and us, will be resolved by binding arbitration. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please refer to the “Dispute Resolution and Arbitration” section below for the details regarding your agreement to arbitrate any disputes with Aus.
Generally. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and our company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Hollywood Pictures ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of the paragraph above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Hollywood Pictures will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Hollywood Pictures .
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) (or international equivalent) or, only if such other party has not provided a current physical address, then by electronic mail (Notice). Hollywood Pictures 's address for Notice is: Hollywood Pictures , LLC, 4223 Glencoe Avenue C115 Marina del Rey, CA 90092. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Hollywood Pictures may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Hollywood Pictures must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Hollywood Pictures will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Hollywood Pictures in settlement of the dispute prior to the arbitrator’s award; or (iii) $250.
If you commence arbitration in accordance with these Terms, Hollywood Pictures will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Hollywood Pictures for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU AND Hollywood Pictures AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hollywood Pictures agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permissible pursuant to applicable law.
If Hollywood Pictures makes any future change to this arbitration provision (other than a change to Hollywood Pictures 's address for Notice), you may reject the change by sending us written notice within 30 days of the change to Hollywood Pictures 's address for Notice, in which case your account with Hollywood Pictures will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
If the “No Class Actions” section above is found to be unenforceable or if the entirety of this "Dispute Resolution and Arbitration" section is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in section will govern any action arising out of or related to these Terms.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Hollywood Pictures agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for the purpose of litigating any dispute, to the fullest extent permissible pursuant to applicable law. If you are a UK/EU Consumer, such jurisdiction of the Los Angeles County courts will be non-exclusive.
Except as explicitly stated otherwise, legal notices will be served on Chelsea Regal, CFO / Hollywood Wardrobe & Props Specialist. Hollywood Pictures by registered mail sent to Hollywood Pictures 4223 Glencoe Avenue C115 Marina del Rey, CA 90092. Legal notices will be served on you by the email address you provide during the registration process if you are a registered user or by posting through the Service if you are not. Notice by email will be deemed given 24 hours after the email is sent, unless Hollywood Pictures is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing (to US addresses) or seven days after the date of mailing (for non-US addresses). Notice by posting on the Service will be deemed given 30 days after it is initially posted.