Terms & Conditions of Sale
Effective Date: August 4, 2026
These Terms & Conditions of Sale (“Terms & Conditions”) form a binding agreement between VIP Limited Partnership, doing business as VIP Fan Auctions (“VIP,” “we,” “our,” or “us”), and each Participant or Buyer and govern registration, bidding, Buy-It-Now purchases, payment, shipping, possession, permitted use, and resale of Items offered through VIP. Items are offered under authority of the applicable owner or consignor; the owner or consignor is not a contracting party with the Participant unless expressly stated in writing. By registering, bidding, purchasing, or otherwise participating, the Participant acknowledges having read, understood, and agreed to these Terms, which control over conflicting auction guides, listings, promotional materials, or communications except as stated in Section 21.
1. Definitions
- Auction: The online sale of Auction Items through bidding on a website hosted or administered by VIP.
- Auction Buyer’s Guide: VIP’s buyer guide made available through an Auction Item or Buy-It-Now listing.
- Auction Item: An Item or group of Items offered for sale through competitive bidding.
- Bidder: A registered person or entity approved by VIP to participate in an Auction.
- Buyer: A Bidder whose winning bid is accepted by VIP or a registered person or entity approved by VIP that completes a Buy-It-Now purchase.
- Hammer Price: The final accepted bid or offer for an Auction Item, excluding Buyer’s Premium, taxes, shipping, insurance, and other charges.
- Buy-It-Now Item: An Item offered for immediate purchase at a stated fixed price.
- Item or Items: Auction Items and Buy-It-Now Items offered through VIP.
- Participant: A registered person or entity approved to participate in an Auction or Buy-It-Now purchase, including a Bidder or Buyer.
2. Website Usage and Content Disclaimer
- By accessing VIP’s website or participating in a transaction, each Participant agrees to these Terms and the Website Terms of Use. VIP may update these Terms by posting a revised version with a new effective date. Material changes apply prospectively and do not alter a completed transaction unless required by law or agreed in writing.
- The Website may contain content unsuitable for minors. Parents and guardians are responsible for monitoring access by minors. A person who finds content objectionable should not use the Website.
3. Intellectual Property and Use Restrictions
3.1 Website and Platform Content
- All Website content, including text, graphics, audio, images, video, data, and software, is protected by intellectual-property laws and is owned by or licensed to VIP or the applicable rights holder.
- Unauthorized reproduction, distribution, modification, commercial use, or public display is prohibited and may result in suspension, termination, takedown demands, damages, or other available remedies.
- Participants may not use bots, spiders, scraping tools, automated collection methods, security circumvention, or interference with Website operations without VIP’s written permission.
3.2 Auction Items - Intellectual Property and Permitted Use
- Ownership of an Item conveys title to the physical property only. No copyright, trademark, service mark, logo, trade name, character right, likeness right, production right, or other intellectual-property interest associated with the Item, production, performer, character, consignor, studio, rights holder, or VIP is transferred.
- Items are sold as collectibles for personal display. A Buyer may not use an Item or associated intellectual property for commercial, promotional, advertising, merchandising, endorsement, or marketing purposes without prior written permission from the applicable rights holder.
- Purchase does not grant the right to reproduce, replicate, manufacture, adapt, publish, distribute, license, tokenize, digitally exploit, or otherwise commercially use the Item or associated intellectual property.
- Subject to appall enforcement rights.licable rights-holder restrictions, a Buyer may identify an Item for resale only by using the original VIP product title exactly as provided at the time of sale, in plain non-stylized text, and may state that the Item includes a Certificate of Authenticity. No other use is authorized.
- Without limitation, the Buyer shall not use VIP, consignor, studio, production, actor, character, or other protected names, logos, branding, likenesses, images, scenes, graphics, or Certificate materials except as expressly permitted in the preceding paragraph.
- The Buyer shall not present an Item in a manner suggesting endorsement, affiliation, sponsorship, approval, or authorization by VIP, a consignor, studio, production, performer, or rights holder. VIP and applicable rights holders reserve all enforcement rights.
3.3 Production Design Elements and Third-Party Marks
- Items may contain names, logos, insignia, trademarks, emblems, labels, uniforms, graphics, or other identifying marks incorporated into the original production design or appearing on a production-used Item. Those elements are retained solely to preserve the Item’s historical authenticity and production context.
- The appearance of such elements does not imply sponsorship, endorsement, affiliation, authorization, approval, or co-branding by the respective organization or rights holder. The sale transfers title to the physical Item only and transfers no intellectual-property rights in any mark.
- The Buyer may not remove, extract, reproduce, separately display, market, or commercially exploit such an element except as it physically appears on the Item for personal collectible display or as expressly permitted under Section 3.2.
4. Item Descriptions, Production Records, Condition, Brands, Sizes, and Functionality
- Except for the express Guarantee of Attribution in Section 12 and any express written representation in the applicable listing, all Items are sold “AS IS, WHERE IS,” WITH ALL FAULTS, without warranties or guarantees, express or implied, including merchantability, fitness for a particular purpose, condition, functionality, completeness, safety, or suitability for display, wear, operation, or other use.
- Descriptions are prepared in good faith using information reasonably available to VIP. VIP may rely on production records and source materials, including continuity records, scripts, costume or wardrobe records, prop records, tags, labels, photographs, production inventories, department records, shipping and storage records, information supplied by the consignor or production personnel, chain-of-custody information, and VIP’s examination of the Item.
- Production records and source materials may be incomplete, inconsistent, approximate, or subject to reasonable interpretation. Unless expressly stated in the listing, VIP does not represent that every record, tag, label, attribution, component, alteration, size, brand, material, or functional characteristic has been independently verified.
- Photographs, descriptions, dimensions, colors, sizes, materials, brand references, condition observations, and other listing information are provided for identification and reference. Variations, production alterations, wear, distressing, repairs, substitutions, missing components, odors, aging, and inaccuracies may exist.
- Only the Item or Items expressly identified in the listing are included. Unless expressly stated, mannequins, display stands, scales, color charts, backgrounds, props used for photography, and other depicted objects are excluded. Color and hardware descriptions refer to appearance and do not establish material composition.
4.1 Functionality and Safety
- VIP does not test or verify functionality, operability, performance, completeness, safety, suitability, or regulatory compliance unless the listing expressly states that a specific function was tested.
- The presence of mechanical, electrical, electronic, illuminated, wearable, protective, movable, weapon-like, or other components, or the fact that an Item was used during production, does not mean the Item currently functions, is complete, is safe, or is suitable for use.
- A statement that an Item was activated, illuminated, moved, worn, carried, operated, or used during production describes reported production context and is not a representation of present functionality.
- Items are sold as collectibles for display. A Buyer should not operate, energize, wear, ingest, install, connect, fire, activate, or otherwise use an Item without an appropriate independent inspection and a determination that the proposed activity is lawful and safe.
4.2 Brands, Labels, and Manufacturer References
- Brand names, manufacturer names, labels, tags, logos, model references, and similar information may be described when visible on an Item or reflected in available records.
- Unless expressly stated otherwise, VIP does not authenticate or independently verify the manufacturer, brand, model, material composition, date of manufacture, retail origin, or genuineness of a branded component or label.
- Production departments may alter, combine, relabel, distress, modify, reproduce, substitute, or custom-build Items or components. A visible label, logo, tag, or branded appearance is not a representation that the Item is an unaltered or independently authenticated product of the referenced brand.
4.3 Wardrobe, Costume, and Size Information
- Wardrobe and costume Items are frequently altered, tailored, resized, combined, repaired, distressed, relabeled, or otherwise modified for a performer, character, stunt use, continuity, or another production purpose.
- Any stated size, measurement, manufacturer size, costume-department notation, performer size, or tag size is approximate and is not guaranteed to reflect current dimensions, original retail size, standardized sizing, fit, or suitability for any person.
- Components within a lot may bear different sizes or may have been assembled from different garments. Alterations may be concealed and may affect fit, structure, durability, or wearability. Buyers should request available measurements before bidding when fit is material.
4.4 Buyer Review and Reliance
- The Buyer acknowledges having had a reasonable opportunity before bidding or purchase to review the listing, photographs, description, and available information and to request additional information. VIP is not obligated to provide information beyond what is reasonably available.
- The Buyer agrees not to rely on an oral statement or representation not expressly included in these Terms, the applicable listing, or a written communication authorized by VIP.
- VIP may amend, correct, suspend, or withdraw a listing, image, or description before completion of sale. No Participant has a claim arising solely from such amendment, correction, suspension, or withdrawal.
5. Bidder Registration
- Registration is required to bid or purchase. Each Participant represents and warrants that the Participant is at least 18 years old and the age of majority in the applicable jurisdiction, has legal capacity to contract, and has authority to act for any entity identified in the account. Registration, billing, shipping, identity, and age information must be true, complete, and accurate.
- A Participant who intentionally misrepresents age, identity, authority, legal capacity, payment authorization, or other material registration information makes a material misrepresentation upon which VIP relies in permitting access, bidding, and purchasing. VIP may suspend or terminate the account, cancel affected transactions, retain or recover amounts lawfully permitted for documented losses, and pursue remedies available under applicable law for fraud or intentional misrepresentation.
- If an adult account holder, parent, guardian, business, or other person creates, controls, funds, shares, permits, or enables use of an account by a minor or other unauthorized person, that account holder or authorizing person remains responsible, to the extent permitted by law, for resulting bids, purchases, charges, losses, fees, and costs. Use of another person’s payment method, payment account, billing information, or identity constitutes a representation that all required permissions have been obtained.
- No Participant may avoid responsibility merely by asserting that a minor, employee, family member, representative, or other third party used the account where the Participant created, shared, funded, authorized, enabled, or failed to reasonably secure that account. Nothing in this Section eliminates any right or defense that cannot lawfully be waived.
- Each Participant is responsible for activity conducted through the account and for losses or claims caused by materially false information, fraud, unauthorized access, account sharing, failure to safeguard credentials, or misuse, to the extent permitted by law.
- As a condition of approval to bid, each Participant must successfully link and maintain an active payment account supported by VIP’s payment provider, currently PayPal, and complete any required validation before bidding. By linking such an account, the Participant represents and warrants that the account is valid, active, lawfully controlled by the Participant or used with all required authorization, and satisfies the provider’s eligibility requirements, including applicable minimum-age requirements. VIP may rely on successful payment-provider validation as part of its bidder-approval process, but such validation does not limit VIP’s right to require additional identity, age, payment, fraud-prevention, or account verification.
- VIP may approve, deny, suspend, or revoke registration in its discretion. Participants are responsible for account security and unauthorized bids or purchases made through their accounts.
- VIP may require a deposit of up to twenty-five percent (25%) of a bid or anticipated purchase amount as security.
6. Bidding and Purchases
- Before bidding or purchasing, Participants must review and accept these Terms. Failure to read or understand them does not invalidate a bid or purchase.
- All bids and Buy-It-Now purchases are binding, final, and non-cancelable once submitted, subject to VIP’s rights under these Terms and applicable law.
- VIP may withdraw an Item, cancel a listing, reject a bid, cancel bidding activity, void or cancel a purchase or sale, reopen or extend bidding, relist an Item, or pause an Auction where VIP determines such action is appropriate.
- Such action may be taken for listing or pricing errors, technical issues, irregular bidding, ownership or rights concerns, attribution concerns, withdrawal or retention of an Item, legal, compliance, business, operational, or reputational risk, or other reasons VIP considers appropriate.
- If VIP cancels, withdraws, rescinds, or voids an Item or transaction, VIP’s sole obligation is to cancel the affected bid or transaction and refund amounts actually paid for that Item, if any, except where applicable law requires another remedy.
- VIP’s auction-administration decisions are final, subject to applicable law.
- The highest bid accepted by VIP becomes the winning bid, subject to VIP’s rights under these Terms. VIP may determine the winning Bidder, reopen bidding, relist, extend, pause, or cancel when a dispute, irregularity, or error occurs.
- Each Participant remains responsible for all activity under the account, including activity by a representative or third party authorized or enabled by the Participant.
- Posting an Item, accepting registration or a bid, identifying a highest bidder, or issuing an invoice does not guarantee completion of a transaction.
7. International Shipments
Buyers are responsible for shipping costs, customs compliance, import restrictions, duties, taxes, brokerage, permits, and other destination charges. VIP may declare the full transaction value where required. If a shipment is refused, abandoned, returned, delayed, seized, or cannot be delivered because of the Buyer’s acts, omissions, destination restrictions, unpaid charges, or failure to provide required information, VIP may recover actual shipping, return, storage, handling, brokerage, customs, and administrative costs and may assess a reasonable restocking or cancellation charge up to twenty percent (20%) where permitted by law. Any approved remaining balance may be issued as non-transferable store credit unless applicable law requires another remedy.
8. Payment Terms
- Following an Auction close or Buy-It-Now purchase, VIP will provide or make available an invoice or checkout link setting forth the amount due, including Hammer Price, Buyer’s Premium where applicable, taxes, shipping, handling, and insurance.
- VIP may require adequate shipping insurance, specialized packaging, signature confirmation, freight service, or other protective measures at the Buyer’s expense.
- A Buyer’s Premium is an additional, non-negotiable, non-refundable charge applied to the Hammer Price of each Auction Item.
- Payment is due within seven (7) days of Auction close or agreement to a Buy-It-Now price, regardless of when an invoice or link is accessed. VIP may correct an invoicing, pricing, or calculation error, cancel the order, issue a refund, or provide a corrected invoice.
- Payments are processed through third-party providers and remain subject to applicable law and payment-network rules. Because Items are unique production collectibles with documented provenance, chain of custody, and condition, an improper payment reversal after shipment may impair VIP’s ability to authenticate, recover, or resell the Item and may cause losses beyond ordinary payment-processing costs.
- Before initiating a chargeback, reversal, or payment-platform dispute, the Buyer shall contact VIP, describe the claimed issue, and provide a reasonable opportunity for VIP to investigate and respond, except where applicable law or payment-network rules permit or require otherwise. The Buyer shall not initiate or maintain a knowingly false, misleading, abusive, duplicative, or bad-faith payment dispute.
- During any payment dispute, the Buyer shall preserve the Item and all related evidence exactly as received and comply with Sections 11, 12, and 16. The Buyer shall not wear, use, operate, activate, install, clean, wash, dry clean, repair, restore, alter, resize, repaint, disassemble, reassemble, reproduce, replicate, remove production markings, remove labels or tags, transfer, sell, consign, loan, rent, publicly exhibit, or otherwise modify or place the Item outside the Buyer’s control while the dispute remains unresolved.
- VIP may submit to a payment processor, card issuer, bank, insurer, carrier, marketplace, court, arbitrator, or government authority records reasonably relevant to a dispute, including these Terms, registration records, acceptance logs, bidding records, invoices, payment records, listing images and descriptions, provenance and chain-of-custody records, communications, shipping records, delivery confirmation, inspection records, and other regularly maintained business records.
- A knowingly false, abusive, or bad-faith chargeback or reversal constitutes a material breach. To the extent permitted by law, VIP may recover documented payment-processing fees, chargeback fees, shipping and insurance charges, carrier costs, inspection and authentication costs, storage, handling, collection costs, resale losses, and reasonable attorneys’ fees where recoverable by law or contract. Nothing in these Terms limits a Buyer’s non-waivable rights or prevents a good-faith dispute permitted by applicable law or payment-network rules.
9. Payment Plan Terms
- VIP may offer an optional 90-day payment plan to eligible Buyers. Unless another written schedule is provided, the price is paid in four installments: an initial payment of twenty-five percent (25%) followed by three monthly installments of twenty-five percent (25%) each. All payments made under a payment plan are final and non-refundable, except where required by applicable law or where VIP expressly agrees otherwise in writing.
- By selecting a payment plan, the Buyer authorizes automatic charges to the payment method on file on each scheduled due date. The Buyer acknowledges that VIP immediately removes the Item from active sale, reserves it exclusively for the Buyer, incurs storage, administrative, payment-processing, and inventory-management costs, and loses the opportunity to sell the Item to other buyers.
- If the Buyer defaults, cancels, abandons the payment plan, revokes payment authorization, or otherwise fails to complete the purchase, VIP may suspend or cancel the plan, cancel the sale, retain all payments previously received to the maximum extent permitted by applicable law, relist or resell the Item, recover any lawful deficiency, and pursue collection costs and other available remedies. Any retained amounts shall be applied as required by applicable law.
- Items purchased under a payment plan will not be shipped until all amounts are paid in cleared funds. No title, ownership interest, possessory right, equitable interest, or other right in the Item transfers to the Buyer until VIP has received all amounts due under the payment plan in full as cleared funds.
10. Default by Buyer
Failure to make payment when due constitutes Default. Upon Default, VIP may cancel the sale, withhold shipment, retain possession of unpaid Items, relist or resell the Items, recover reasonable collection, storage, handling, resale, and administrative costs, assess a default charge up to twenty percent (20%) where permitted by law, and pursue a lawful resale deficiency and other remedies. Amounts retained shall not exceed amounts lawfully recoverable and shall be applied as required by law.
11. Shipping, Storage, Risk of Loss, and Pick-Up-Only Items
Buyers are responsible for all shipping, handling, packaging, insurance, customs, duties, taxes, and related charges unless VIP expressly agrees otherwise in writing.
RISK OF LOSS AND RESPONSIBILITY FOR AN ITEM PASS TO THE BUYER WHEN VIP DULY DELIVERS THE ITEM TO THE CARRIER FOR SHIPMENT, REGARDLESS OF WHETHER VIP SELECTS OR COORDINATES THE CARRIER, PURCHASES SHIPPING SERVICES, OR ASSISTS WITH AN INSURANCE CLAIM. DELIVERY TO THE CARRIER CONSTITUTES DELIVERY TO THE BUYER FOR PURPOSES OF RISK OF LOSS.
Title to an Item transfers only after VIP receives full and cleared payment for the Item and all related charges. Transfer of title does not alter the allocation of risk of loss stated above.
VIP may require insurance, signature confirmation, specialized packaging, freight service, or other protective measures based on an Item’s value, size, fragility, destination, or nature. Those measures are for the Buyer’s benefit and do not cause VIP to retain risk after delivery to the carrier.
VIP is not responsible for loss, theft, delay, misdelivery, damage, mishandling, customs action, or other events occurring after delivery to the carrier. A shipment claim must be pursued against the carrier or insurer. VIP may, but is not required to, provide reasonable supporting documentation.
The Buyer must promptly inspect the shipment and preserve the shipping carton, internal packing materials, labels, seals, photographs, tracking information, and carrier records needed for any claim. A Buyer alleging shipping damage should photograph the unopened package and the Item as first received when reasonably possible and shall not discard packaging or permit repair, cleaning, alteration, or use before the carrier, insurer, or VIP has had a reasonable opportunity to review the claim.
For an Item designated pick-up only, the Buyer is responsible for timely pickup, loading, transportation, insurance, and legal compliance. Risk of loss passes when the Item is released to the Buyer, the Buyer’s agent, or the Buyer’s carrier, whichever occurs first.
If shipping charges remain unpaid or pickup is not completed within the stated period, VIP may charge reasonable storage and handling fees, cancel the transaction, relist the Item, or exercise another remedy permitted by these Terms and law.
12. Terms of Guarantee of Attribution
VIP guarantees only that each Item originates from the production identified in the Item’s title block, subject to this Section.
VIP’s attribution may be based on chain-of-custody information, production inventories, continuity records, scripts, costume or wardrobe records, prop records, tags, labels, photographs, department records, consignor information, production-personnel information, shipping and storage records, and VIP’s examination of the Item. These materials support provenance but may not establish every detail with certainty.
Unless the listing expressly states otherwise, VIP does not guarantee:
- visible on-screen use of the specific Item;
- use in a particular scene, episode, sequence, or moment;
- use by a particular performer;
- present functionality, completeness, safety, or suitability;
- brand authenticity, original retail origin, or manufacturer;
- precise size, measurement, fit, or wearability;
Productions commonly maintain duplicates, multiples, backups, stunt versions, altered versions, and continuity copies. Production origin therefore does not necessarily establish that the specific Item is visibly identifiable on screen.
A Certificate of Authenticity documents VIP’s attribution and provenance opinion based on records reasonably available as of the date of issuance. It is not an appraisal, valuation, warranty of future market value, or guarantee of screen visibility except to the extent expressly stated in the listing or certificate.
If a Buyer proves that the production-origin Guarantee of Attribution is materially incorrect, the sale may be rescinded only if the Buyer promptly notifies VIP and returns the Item in the same condition, configuration, and evidentiary state in which it was delivered, together with the Certificate of Authenticity, original labels and tags, included components, and other accompanying documentation. The Buyer must comply with the preservation and return requirements in Section 16. VIP may require opinions from two qualified experts mutually agreed upon by the parties. Repayment of the purchase price paid for the Item is the Buyer’s sole remedy for an incorrect production-origin attribution, except where law requires otherwise.
13. Force Majeure
VIP is not liable for delay or failure caused by events beyond its reasonable control, including natural disaster, severe weather, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor dispute, strike, government action, sanctions, customs delay or seizure, transportation interruption, carrier failure, warehouse interruption, utility failure, cyberattack, payment-network disruption, server outage, network failure, platform failure, or supply-chain interruption. VIP’s affected obligations are suspended for the duration of the event, and VIP may extend, reschedule, pause, relocate, or cancel affected operations or transactions as reasonably necessary.
14. Disclaimers of Liability
Items are offered as collectibles for display purposes only. No associated intellectual-property rights are transferred. Except for the express Guarantee of Attribution in Section 12 and rights that cannot lawfully be waived, VIP makes no warranty, express or implied, concerning condition, functionality, completeness, safety, merchantability, fitness, size, brand, material composition, suitability, or value. VIP’s liability relating to an Item is limited to the purchase price paid for that Item. VIP is not liable for incidental, consequential, special, punitive, or exemplary damages, including lost profits, revenue, data, goodwill, opportunity, or expected bargain.
VIP acts as an independent seller and is not an agent, partner, or representative of a production company, studio, distributor, consignor, or rights holder (“Licensors”). Licensors are not parties to the sale and make no representations or warranties concerning an Item. To the extent permitted by law, claims arising from a transaction shall be made against VIP and not against a Licensor, and the Buyer agrees to indemnify each Licensor from third-party claims arising from the Buyer’s unlawful possession, use, display, marketing, or resale of an Item.
VIP is not liable for disappointment, loss of opportunity, loss of expected bargain, or other consequential or incidental loss caused by withdrawal, removal, suspension, cancellation, postponement, correction, or relisting of an Item, bid, listing, or sale.
15. Indemnification and Liability Limitation
- To the extent permitted by law, Participants agree to indemnify, defend, and hold harmless VIP, its affiliates, employees, agents, licensors, and applicable consignors from third-party claims, damages, losses, liabilities, and reasonable costs arising from the Participant’s breach of these Terms, unlawful use of the Website or Item, misuse of intellectual property, or violation of another person’s rights. This does not require indemnification for liability caused solely by VIP’s gross negligence, willful misconduct, or non-waivable liability.
- VIP disclaims responsibility for typographical errors, inaccuracies, and reliance on Website materials except as expressly stated in Section 12.
- The Website and auction platform are provided “AS IS” and may experience interruption, error, latency, or failure.
- If technical or platform issues disrupt an Auction, VIP may extend, pause, cancel, reopen, or reschedule affected bidding or Items.
16. Returns and Cancellations
- All sales are final. VIP does not provide an evaluation, approval, return, exchange, or cooling-off period after an Item is won or purchased except as expressly stated in these Terms or required by law. Items are sold solely as historical production collectibles intended for ownership and display. They are not sold or represented as suitable for wear, operation, activation, practical use, consumption, protective use, performance, rental, or public handling.
16.1 Preservation of Items Subject to a Claim
- Because Items are unique, one-of-a-kind, limited, or otherwise irreplaceable production collectibles whose value may depend on provenance, physical condition, production markings, and documented chain of custody, a Buyer requesting rescission, return, refund, chargeback, reversal, or another remedy shall preserve the Item exactly as received until the matter is finally resolved.
- The Buyer shall not wear, try on, fit, use, operate, activate, energize, install, connect, fire, ingest, consume, clean, wash, dry clean, repair, restore, resize, tailor, distress, repaint, polish, disassemble, reassemble, replace components, attach components, remove production markings, remove labels or tags, remove or alter barcodes, reproduce, replicate, cast, mold, photograph or scan for reproduction, conduct photogrammetry, perform 3D, structured-light, volumetric, or other digital scanning or capture, use photographs, scans, or digital captures to train or support an artificial-intelligence model, or otherwise alter, modify, or digitally reproduce the Item.
- The Buyer shall not sell, transfer, assign, consign, loan, rent, pledge, publicly exhibit, place on a performer or mannequin for public or commercial presentation, permit handling by the public, or transfer possession or control to another person. A third party may inspect or authenticate the Item only with VIP’s prior written approval or where required by law.
16.2 Chain of Custody and Material Change
- Once an Item leaves VIP’s possession, VIP cannot independently verify whether it has been worn, used, cleaned, repaired, restored, damaged, substituted, replicated, combined with other components, exposed to environmental conditions, or otherwise modified. Unauthorized wear, use, cleaning, alteration, restoration, repair, modification, reproduction, transfer, or third-party possession may change the Item’s condition, provenance, evidentiary value, authenticity indicators, or marketability.
- To the extent permitted by law, unauthorized wear, use, cleaning, alteration, restoration, repair, modification, reproduction, digital capture, or transfer of possession after delivery creates a rebuttable presumption, for purposes of evaluating authenticity, provenance, condition, chain of custody, and any requested remedy, that the Item has undergone a material change. VIP is not required to accept a delivered Item for return except where VIP expressly agrees in writing or applicable law requires a return.
16.3 Inspection and Authentication of a Proposed Return
- If VIP agrees or is legally required to inspect or accept a returned Item, VIP may perform and document any reasonable inspection or authentication procedure, including comparison with listing photographs, production and inventory records, barcode records, continuity materials, production markings, labels, construction details, materials, measurements, wear patterns, microscopic examination, ultraviolet examination, or other appropriate methods.
- The Buyer shall return the Item through a carrier, packaging method, insurance level, and return-authorization process approved by VIP where permitted by law. Receipt of a package by VIP does not constitute acceptance of the returned Item, confirmation that it is the same Item sold, or agreement that a refund or other remedy is due.
16.4 Grounds for Rejecting a Return
- Subject to applicable law, VIP may reject a proposed return or deny a Buyer-requested remedy if VIP reasonably determines that the returned property differs from the Item delivered; has been worn, tried on, used, operated, activated, displayed, cleaned, altered, repaired, restored, resized, modified, damaged, reproduced, or replicated; is missing components, accessories, labels, tags, production markings, packaging, documentation, or the Certificate of Authenticity; has a materially compromised chain of custody; or can no longer be authenticated as the same Item originally delivered.
- If VIP reasonably determines that a different Item was returned, a component was substituted, authenticity or provenance evidence was removed or altered, or the Item was intentionally damaged or modified, VIP may reject the return and pursue available civil, contractual, payment-network, or criminal remedies.
- VIP may cancel, rescind, void, suspend, or withdraw an Auction, listing, Item, bid, purchase, sale, or Buy-It-Now transaction where VIP determines such action is appropriate for an error, technical issue, irregularity, ownership or rights concern, attribution concern, withdrawal or retention of an Item, legal, compliance, operational, business, or reputational risk, or another reasonable administrative reason.
- If VIP cancels or voids a transaction, the affected Participant’s sole remedy is return of amounts actually paid for the affected Item, except where law requires another remedy.
- Posting an Item, accepting registration or a bid, identifying a highest bidder, or issuing an invoice does not guarantee completion of a sale.
- Under exceptional circumstances, VIP may agree to a Buyer-requested cancellation. VIP may retain a lawful deposit or payment, assess a reasonable cancellation or restocking fee up to twenty percent (20%), and issue an approved refund as non-transferable store credit unless law requires otherwise.
- VIP may deny a cancellation request. Store credit may be non-transferable, subject to an expiration period disclosed by VIP, limited to the originating Website, and non-redeemable for cash except where required by law.
17. Limitations Period
A claim arising from the Website or a transaction must be brought within the applicable limitations period established by law. Nothing in these Terms shortens a non-waivable statutory period or eliminates a remedy that must remain available.
18. Breach and Remedies
Upon a material breach, including fraudulent registration, intentional age or identity misrepresentation, account sharing, unauthorized account use, use of fraudulent or unauthorized payment credentials, an abusive payment dispute, item substitution, or violation of the preservation and return requirements, VIP may cancel a sale, retain lawful deposits or payments, withhold shipment, reject a proposed return, resell unpaid Items, recover a lawful resale deficiency, obtain injunctive relief, and pursue other available remedies. A negotiated settlement may include a written confidentiality provision agreed by the parties. Nothing in these Terms prohibits a truthful consumer review, a report to a government or law-enforcement agency, participation in a legal proceeding, communications protected by law, or disclosure required by law. Attribution representations are based on records available at the time of sale. Alteration, damage, substitution, use, wear, cleaning, reproduction, loss of documentation, or a broken chain of custody after delivery may affect VIP’s ability to evaluate a later claim.
19. Governing Law and Arbitration
These Terms are governed by Illinois law, without regard to conflict-of-law rules. Except for an individual claim eligible for small claims court, a dispute arising from these Terms, the Website, an Auction, a Buy-It-Now transaction, or an Item shall be resolved by binding, individual arbitration administered by JAMS under the applicable JAMS rules and Consumer Arbitration Minimum Standards. The agreement is mutually binding, and remedies available under applicable law remain available in arbitration. The location and procedures may not unreasonably prevent consumer participation. EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, TO THE EXTENT PERMITTED BY LAW. If part of this Section is unenforceable, the remainder shall be enforced to the maximum lawful extent.
20. Use of Buyer Information
VIP uses Buyer-provided information for registration, fraud prevention, payment processing, customer service, order administration, shipping, legal compliance, and related operational purposes. VIP may share information with affiliates, rights holders, carriers, payment processors, insurers, service providers, advisors, government authorities, or others where reasonably necessary to perform a transaction, protect rights, prevent fraud, or comply with law. Data practices are further described in VIP’s Privacy Policy.
21. Entire Agreement, Order of Precedence, and No Reliance
These Terms, the applicable Item listing, the Auction Buyer’s Guide, the Website Terms of Use, the Privacy Policy, and policies expressly incorporated by reference constitute the transaction agreement. If a conflict exists, the following order controls unless VIP expressly agrees otherwise in a signed writing: (1) a signed written agreement applicable to the transaction; (2) these Terms; (3) the applicable Item listing; (4) the Auction Buyer’s Guide; and (5) other Website, email, social-media, or promotional content.
The Buyer acknowledges not relying on an oral statement, estimate, opinion, or representation not expressly included in the controlling documents or an authorized written communication from VIP.
22. Electronic Communications and Business Records
Participants consent to electronic notices, disclosures, invoices, bidding records, payment records, shipping records, and transaction communications by email, Website posting, or account notice. To the extent permitted by law, VIP’s electronic records, bidding logs, timestamps, server records, payment records, shipping records, and regularly maintained business records are admissible evidence of transactions and communications, subject to a Participant’s right to present contrary evidence.
23. No Waiver
VIP’s failure or delay in enforcing a provision does not waive that provision or any other right. A waiver is effective only if in writing and authorized by VIP. A waiver in one instance does not constitute a continuing waiver.
24. Successors and Assignment
These Terms bind and benefit the parties and their heirs, estates, personal representatives, successors, and permitted assigns. A Participant may not assign rights or obligations without VIP’s prior written consent. VIP may assign these Terms or a transaction in connection with an affiliate arrangement, merger, reorganization, financing, asset transfer, or sale of all or part of its business.
25. Severability and Survival
If a provision is invalid or unenforceable, it shall be enforced to the maximum lawful extent and the remaining provisions shall remain effective. Provisions concerning payment, intellectual property, permitted use, disclaimers, attribution, risk of loss, indemnification, liability limitations, remedies, records, dispute resolution, and other provisions that by their nature should survive shall survive completion, cancellation, termination, or delivery.
Additional Incorporated Terms
- eGift Cards: VIP eGift Cards are subject to limitations on purchase, transfer, expiration, and redemption disclosed at the time of issuance or use.
- Acceptable Use Policy: Participants agree to VIP’s Acceptable Use Policy, which prohibits unlawful, fraudulent, abusive, disruptive, or harmful conduct.
- Intellectual Property: Section 3 governs intellectual-property and permitted-use restrictions.
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