TERMS AND CONDITIONS
These Terms and Conditions of Sale (“Terms & Conditions”) set out the agreement by and between the Bidder/Buyer and VIP and the Seller. By registering to bid
and participate in a VIP Fan Auction, you will be deemed to have read and agreed to be bound by these Terms & Conditions and the accompanying Auction Buyer’s Guide for each Auction.
In the event of any conflict between these Terms & Conditions and the Auction Buyer’s Guide, these Terms & Conditions shall take precedence.
- Definitions. The definitions for the terms used in these Terms & Conditions and in our Auction Buyer’s Guide are listed below:
- Auction – An online sale of Auction Items by auction hosted by VIP.
- Auction Buyer’s Guide – VIP’s Auction Buyer’s Guide which appears as a tab on the listing page for each Auction Item.
- Auction Item – Each item or group of items offered in the Auction, as detailed in the Auction.
- Auction Item Guarantee – VIP’s limited guarantee relating to the provenance of each Auction Item as stated in these Terms & Conditions.
- Bidder – Any person or entity, properly registered and approved by VIP Fan Auctions to participate in an Auction who makes or considers making a bid to buy an Auction Item in the Auction.
- Buyer – The person or Company making the last and highest bid or offer for an Auction Item in the Auction which bid, or offer is accepted by VIP.
- Hammer Price – The last and highest bid or offer from a Bidder for an Auction Item that is accepted by VIP.
2. Auction Items – Descriptions and Conditions.
2.1. All Auction Items are sold subject to their condition at the date of the Auction. Due to the nature and age of the Auction Items, they are often unique and are likely to have wear and tear, damage and other imperfections. VIP does not attempt or represent that any Auction Items have been professionally restored in any way. Before bidding on any Auction Item, Bidder is exclusively responsible for gaining full familiarity with auction process. By making a bid on an Auction Item, the Bidder accepts the actual condition of the Auction Item and acknowledges that if a bid is successful, the Buyer is agreeing the buy the Auction Items “AS IS, WHERE IS”.
2.2. Auction Item descriptions, images and statements regarding their condition in a marketing or promotional piece or on VIP’s website are for illustrative purposes only. VIP is merely performing an auction service and is not responsible or an Auction Item’s description in any medium, even if the medium is owned by, maintained by, or associated with VIP.
3. Bidder Registration. Registration with VIP is required to become a Bidder and participate in an Auction. Registration is available here. All registrations require the successful completion and submission of VIP’s registration form including the provision of valid shipping and billing information. All registrations are subject to approval by VIP in their discretion.
4. Buyer Information. VIP shall maintain all personal information provided by the Bidder at registration and the Bidder agrees and consents to such information being used by VIP for the following purposes:
a) Ship Auction Items purchased at Auction to the Buyer;
b) Process the Buyer’s payment;
c) Communicate with Buyer about the payment and shipping of their Auction Item; and
d) Conduct credit checks, as deemed necessary by VIP in its sole discretion.
5. International Shipments. International Shipments. In the case of Bidders located outside the United States, it is each Bidder’s sole responsibility and obligation to ensure in advance of the Auction that any Auction Item that they purchase in the Auction can be exported from the United States and imported into the country of destination. No sale will be canceled because an Auction item cannot be imported into the country of destination. Bidder can contact UPS, DHL, Federal Express, PackAir Airfreight, Inc., or any other licensed, third-party independent freight company to be advised of relevant export licensing regulations and may submit export license applications upon request. VIP cannot guarantee that any licenses, permits or consents will be granted, and shall have no liability arising out of or relating thereto.
6. Reserve Price. Auction Items may be sold with or without a Reserve Price. A Reserve Price is the minimum price the
Seller will accept for an Auction Item. If the last and final bid for the Auction Item does not equal or surpass the Reserve Price, the Auction Item will not be sold and all bids for the Auction Item shall be automatically canceled.
7. Bidding Requirements & Terms. VIP reserves the right to refuse participation to any Bidder in an Auction and to reject any bid in their discretion. All bids require valid registration with VIP and all Bidders must be at least 18 years of age. All bids are in US Dollars and every Bidder acknowledges that any bid that they submit is a binding offer to buy the Auction Item at the bid price (plus the Buyer’s Premium, plus any applicable Buyer’s Expenses, all applicable taxes, and any and all shipping charges, storage fees and/or other costs). Except as expressly stated in the Auction Buyer’s Guide or these Terms & Conditions, VIP shall have no liability arising out of or related to any errors or omission in respect to any bids in connection with the Auction. VIP shall have the right to accept or decline any bid on any Auction Item prior to VIP’s acceptance of the last and highest bid at the conclusion of Bidding for an Auction Item. In the case of any Auction Item in which the bidding period ends prior to the conclusion of the stated auction period for said Auction Item for any reason whatsoever, including action by VIP or due to technology related issue of any kind, all existing bids for the Auction Item shall be deemed automatically canceled. In such case, no Bidder, including the Bidder with the highest bid at the time of the cancelation of the Auction Item, shall have any rights or claims of any kind whatsoever related to the canceled Auction Item. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for Auction Items. Bidders participating in Auctions acknowledge that the law provides for substantial penalties for those who violate these provisions.
8. Payment Terms. VIP will notify the Buyer and send Buyer a payment invoice setting out the Purchase Price and itemizing the Hammer Price, the Buyer’s Premium, plus any applicable Buyer’s Expenses or sales tax, within 3 business days of the end of the Auction. Sales tax, as required by law, shall be applied at the state’s prevailing rate when being shipped to the various states and payment of the Purchase Price shall be due within 7 days following the end of the Auction. No title to any Auction Item shall pass to the Buyer except upon payment in full of the Purchase Price, and any and all other sums due to VIP and/or the Seller, even in circumstances where VIP has released the Auction Item to the Buyer. Among other remedies available to VIP and the Seller for failure to render full payment of the Purchase Price, VIP and/or the Seller shall be entitled to immediate possession of the Auction Item purchased by the Buyer, if delivered to the Buyer. Only the memorabilia item(s) shown in the photos of a given product listing is included in the sale. Any items or equipment used in connection with the display and photography of the Auction Items including without limitation, mannequins, molds, bases, displays, jewelry stands or scale measures are not offered or included with any Auction item, unless expressly stated in the product description. The Buyer agrees that VIP may charge the credit card provided at registration for all items purchased at Auction, and any future Auctions in which the Buyer participates if not paid within 7 calendar days after invoicing. The Buyer shall be charged in US Dollars for the Purchase Price. For all sales within Illinois, sales tax at the prevailing rate will be applied to the Purchase Price. If payment of the Purchase Price is made by credit card, the Buyer expressly agrees that such payment is nonrefundable nor may be credited to any other purchase, and that the Buyer will not undertake any action or effort to stop payment, seek a refund, or attempt a charge back of such amounts by the issuer of the credit card.
9. Default by Buyer. Failure to timely make payment of any amounts due to VIP and/or the Seller shall constitute an event of Default by the Buyer. In the event of Default for nonpayment, VIP may charge interest on the unpaid amount at the rate of 5% a year above the base lending rate of Bank of America from time to time. The base lending rate shall be the average lending rate of Bank of America for the 6 months preceding the date of default. If such interest rate exceeds the legal rate permitted by law, then the maximum legal rate permitted by law shall apply. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. The Buyer agrees to pay VIP interest together with any overdue amount. If any applicable conditions herein are not complied with (to a material extent), the Buyer will be in Default and in addition to any and all other remedies available to VIP by law, including, without limitation, the right to hold the Buyer liable for the total Purchase Price, including all fees, charges and expenses set forth herein, VIP, at its option and to the extent permitted by law, may (i) cancel the sale of that, or any other items sold to the defaulting Buyer, retaining as liquidated damages all payments made by the Buyer, (ii) resell the purchased item, or (iii) effect any combination thereof. In any case, the Buyer shall be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, legal fees and expenses, collection fees and incidental damages.
10. Additional Default Provisions. Upon Default, VIP may, in its sole discretion, apply any payment made by the Buyer to VIP, where or not intended to reduce the Buyer’s obligations with respect to any unpaid Auction Item(s), to cure the deficiency and any other amounts due to VIP. In addition, a defaulting Buyer will be deemed to have granted and assigned to VIP a continuing security interest of first priority in any property or money owing to such Buyer in VIP’s possession and VIP may retain and apply such property or money as collateral security for the obligations due to VIP. Payments due pursuant to the default shall not be deemed to be satisfied until VIP has collected good cleared funds equal to the total amount due. VIP shall be entitled to retain any Auction Items sold to Buyer until all amounts due from Buyer are satisfied or until the Buyer has performed any other outstanding obligations as VIP shall reasonably require. VIP may further reject any bids made by or on behalf of the Buyer at any future Auction or to require a deposit from the Buyer before accepting any further bids from Buyer.
11. Shipping & Storage. Buyer is solely responsible for all shipping, handling, and delivery costs related to the Auction Items. VIP does not warranty the Auction Items against and shall have no liability for any damage that any Auction Item may incur or suffer during the shipping or delivery process. If Buyer has not paid the shipping cost of any Auction Items purchased within 14 days following the close of the Auction (or has failed to have any Pick-Up Only Auction Items picked up from VIP’s facility), a storage fee of 3% of the Hammer Price per month shall be charged to the Buyer. If the Buyer has failed to pay the Purchase Price and the cost of shipping and handling, VIP, in its sole discretion, may cancel the sale. It is the Buyer’s sole obligation and responsibility to be aware of, to comply with, and to pay for all relevant import duties, taxes, VAT, customs and other fees charged in the area of delivery. All Commercial Documents accompanying a shipment from VIP will state the full value of the Auction Items shipped. Failure by the Buyer to pay all necessary amounts may result in the relevant authorities returning an Auction Item to VIP, and in those circumstances, the Buyer will be charged and will pay VIP a storage cost and any other attributable costs and expenses associated with the return and storage of any Auction Items. Buyer is also solely responsible for ensuring that any Auction Item purchased from VIP can be legally shipped to their delivery address and that all required export procedures, regulations, and laws are properly complied with.
12. Pick Up Only Auction Items. Buyer is solely responsible for the shipping, handling, or delivery of any Pickup Only Auction Items within 14 days following the close of the Auction. All Pick Up Only Auction Items are sold F.O.B. VIP’s Warehouse and VIP does not accept any liability or responsibility for the acts or omissions of any third-party shipper or courier that Buyer retains for the shipment of any such Auction Items. Buyer acknowledges and agrees that VIP assumes no responsibility in connection with any acts or omissions of a third-party shipper referenced by VIP and encourages Buyer’s to secure freight insurance in relation to the shipment of any Pick Up Only Auction Items.
13. Video and Digital Auction Items. The following applies to all Video Auction Items, as defined herein, that are offered at Auction:
An Auction may offer “Video Auction Items” that are hereby defined as personalized videos from or digital access to a celebrity, including actors, performers, athletes, artists, influencers, and others (each, a “Talent User”). The Buyer of a Video Auction Item may submit a written request to a Talent User requesting that the Video Auction Item be personalized for the Buyer or a third party that the Buyer identifies as a recipient (“Recipient”). Buyer acknowledges and agrees that the Talent User has sole discretion to determine how to fulfill the Buyer’s request and the content of the Video Auction Item may not follow the Buyer’s request exactly. VIP reserves the right to reject any request in its sole discretion. The Talent User has up to seven days (in their sole discretion) to fulfill or decline your request. If declined, Buyer will receive a refund of the Purchase Price paid for the Video Auction Item. Buyer acknowledges and agrees that each Video Auction Item or other offering from a Talent User is solely owned by the Talent User who created it. The Buyer of a Video Auction Items is granted the personal right (or license) to use the Video Auction Item, not the actual Video Auction Item itself, pursuant to the terms stated herein.
Upon full payment of the Purchase Price of the Video Auction Item, the Talent User hereby grants to you the following limited rights to use the Video Auction Item solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the Video Auction item, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised. Buyer may not sell, re-sell, assign or encumber their rights in any Video Auction Item. Buyer may sublicense their rights in a Video Auction Item only to the extent necessary for Buyer to use the Video Auction item as permitted under these Terms (for example, sharing it with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above). Buyer may only use a Video Auction item in accordance with these Terms, which includes VIP’s current Acceptable Use Policy. VIP may terminate all or part of the foregoing licenses at any time for any reason.
Buyer acknowledges and agrees: a) that VIP shall not be liable or responsible for any Video Auction Item or other offering requested by Buyer or any Submission (defined below) that Buyer makes; b) Buyer has no expectation of privacy with respect to any Video Auction Item requested by Buyer or any Submission (defined below) Buyer makes, and that Buyer will not make any request or Submission that infringes on the privacy or other rights of a third party; c) Buyer shall not edit, change, modify or create any derivative work of a Video Auction item or assist or encourage any third party to do so. If Buyer breaches any provisions of these Terms, VIP shall terminate Buyer’s access to our Auctions and/or remove or ban Buyer (or any Site account Buyer created or controls). In such case, Buyer’s license to use any Video Auction Items, or other offering under these Term, terminates and Buyer agrees to promptly remove all copies of any Video Auction Items in Buyer’s possession or control, including from any social media platform; notify any Recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Recipient; and without limiting any of our rights, any request Buyer submits to us may be rejected by us or by a Talent User and, if that happens more than once, VIP may terminate Buyer’s access to our Auctions, remove or ban Buyer (and any Site account Buyer created or controls), or take other appropriate action in VIP’s sole discretion, including terminating Buyer’s license to use any Video Auction Item or other offering under these Terms and requiring you to take the actions outlined herein.
14. Grant of Rights. Buyer hereby grant to VIP an non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Auction, our Site, developing and improving our products and services, and advertising, marketing, and promoting our Auction, our Site and our products and services: (i) any request (video, text, or otherwise) that Buyer makes or sends to any Talent User, including information concerning any Recipient; and (ii) any submission that Buyer makes to VIP, whether through our Auction, our Site, a social media platform, third party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, Feedback (defined below), review, photo, video, email, text, post, or other communication, whether relating to Buyer, or a third party (i) and (ii) each, individually, and collectively, a “Submission”). Buyer represents and warrants that Buyer either: (x) own all rights to any Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to VIP the foregoing rights. Buyer will not make any Submission that is confidential or proprietary or that contains or includes any information that Buyer did not have the right to disclose or that Buyer or any Recipient do not wish to be disclosed. VIP will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to Buyer, a Recipient, or a third party. VIP may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of these Terms. Buyer hereby waives any and all moral rights or “droit moral” that Buyer may have in any Submission, including Feedback, and represents and warrants that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback.
15. Acceptable Use Policy. The use of our Site and participation in our Auctions is governed by this Acceptable Use Policy. Bidders and Buyers are responsible for their use of any Auction Item, Video Auction Item, their membership account, our Auction website, and any Submission. Our goal is to create a positive, useful, and safe user experience. To promote this goal, you represent and warrant that you will not: use a false identity or provide any false or misleading information; create an account if you (or any Site account that you created or controlled) have previously been removed or banned from our Site; use or authorize the use of any Auction Item or Video Auction Item except as set forth herein; violate any law, regulation, or court order; violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or “droit moral,” or other legal rights of any third party; take any action (even if requested by another) that is, or submit, post, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity); send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications; engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from our Site, including from any user of our Site; transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems; stalk, harass, threaten, or harm any third party; impersonate any third party; participate in any fraudulent or illegal activity, including phishing, money laundering, bid shilling or collusion, or fraud; use any means to scrape or crawl any part of our Site; attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect us, our Auction website, any other VIP website, users, Recipients, or any other third party; access our Site to obtain information to build a similar or competitive website, application, or service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our Site; or advocate, encourage, or assist any third party in doing any of the foregoing. You acknowledge and agree that we are not obligated to monitor access to or use of our Site by you or third parties, but we have the right to do so to operate our Site; enforce this Policy or our Terms; or comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process; or otherwise.
16. Force Majeure. VIP is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Term & Conditions that is caused by an event outside its control, that being any act or event beyond VIP’s reasonable control, including without limitation pandemic or epidemic, strike, lockout or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, natural disaster, pandemic or failure of public or private telecommunications or server networks. VIP’s obligations shall be suspended and time for performance extended until such time as the event outside its control is over.
17. Auction Item Attribution. VIP warrants the attribution of each Auction Item as stated in the title block (film title and item title) of that Auction Item on VIP’s website, subject to any revisions (which may be given in writing or online before or during an Auction at which an Auction Item is purchased by the Buyer); this is VIP’s Guarantee of Attribution. Buyers should be aware that multiple examples of props and costumes are frequently used during production and it is often impossible to determine whether a specific piece has been used on-camera. Any specific on-camera usage known to VIP will be noted within the description, but no warranties are given by VIP on that description. If a Buyer demonstrates, to VIP’s reasonable satisfaction, that the attribution attributed to an Auction Item is materially incorrect, the sale will be rescinded if the Auction Item in question is returned to VIP in the same condition in which it was at the time of sale. In order to satisfy VIP that the Guarantee of Attribution is materially incorrect, VIP reserves the right to require the Buyer to obtain, at the Buyer’s expense, the opinion of two experts in the field, mutually acceptable to VIP and the Buyer. In the event of a rescinded sale pursuant to this provision, VIP shall refund the Purchase Price to the Buyer and this shall be the Buyer’s sole remedy, to the exclusion of all other remedies to the extent permissible at law. It is specifically understood that this will be considered the Buyer’s sole remedy. The Buyer expressly agrees that in no case shall VIP be liable, in whole or in part, for, and the Buyer shall not be entitled to recover, any special, indirect, incidental or consequential damages including loss of profits or value of investment or opportunity cost as a result of any sale or purchase of an Auction Item from VIP in an Auction.
18. Disclaimers of Liability. Bidders are aware that description revisions may occur on some Auction Items. VIP uses reasonable efforts to include accurate and up to date information in this Auction, but does not make any warranties or representations as to its accuracy. VIP assumes no liability or responsibility for any errors or omissions in the content of any Auction. Any reference images appearing within VIP’s Auction listings are for reference purposes only and are not intended or deemed to be a representation or warranty of the item depicted within the image. VIP takes steps to identify and provide provenance for Auction Items offered at Auction. In many cases, the Auction Items were used in or in conjunction with motion pictures or other production and information is furnished in order to identify and describe the origin of the Auction Item offered at Auction, including photographs and illustrations. VIP in no way claims any connection to or relationship with any producers of the motion picture or other productions and the use of the titles or other elements of a motion picture or other production is provided for informational purposes only. VIP makes no warranty or representation regarding the fitness for any purpose or merchantability of any Auction Item offered or sold. All lots are sold “as is.” All Auction Items are sold as collectibles and/or memorabilia for display purposes only, and are not deemed, intended, represented, or implied to be fit for any other purpose. The Buyer assumes all risks of loss and/or injury, including, but not limited to, personal injury or property damage, arising from or related to any other use of the item. The Buyer understands and agrees that VIP shall have no liability for any such loss or injury and the Buyer expressly releases VIP from any such loss or injury. Except as expressly provided herein, VIP shall have no liability to any Bidder or Buyer with respect to any Auction Item and all and any implied warranties and conditions are excluded to the fullest extent permitted by law. In no case shall VIP incur liability to any Bidder or Buyer in excess of the purchase price actually paid for an Auction Item. Each Bidder and Buyer expressly agrees that VIP shall not be liable in whole or in part, for, and no Bidder or Buyer shall be entitled to recover, any special, indirect, incidental or consequential damages including loss of profits or value of investment or opportunity cost, for any breach of any warranty, representation, or guarantee set forth herein.
20. General Terms. If any part of these Terms & Conditions are found by any arbitrator or court of competent jurisdiction to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law. This contract is between the Seller, the Buyer and VIP and no other person shall have any rights to enforce any of its terms. If VIP fails to insist on performance of any of a Buyer’s obligations under these Conditions, or if it delays in doing so, VIP shall not be deemed to have waived any of its rights against the Buyer or restrict VIP’s ability to enforce its rights in any way. These Conditions shall be enforced in accordance with and governed by the laws of the State of Illinois, without regard to its choice of law provisions. Any claim or controversy arising out of or relating to the sale of the item between any Bidder/Buyer and VIP shall be submitted to arbitration in DuPage County, Illinois before an arbitrator from the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and conducted under its Comprehensive Arbitration Rules, as the exclusive remedy for such claim or controversy. The parties further agree that the arbitration shall be conducted before a single JAMS arbitrator who is a retired Illinois state or federal judge or justice. By agreeing to arbitrate, the parties waive any right they have to a court or jury trial. The decision of the arbitrator shall be final and binding. The parties further agree that, upon application of the prevailing party, any Judge of the Superior Court of the State of Illinois, for the County of DuPage, may enter a judgment based on the final arbitration award issued by the JAMS arbitrator, and the parties expressly agree to submit to the jurisdiction of this Court for such a purpose. The prevailing party shall be entitled to recover the party’s attorneys’ fees and costs incurred in connection with the arbitration.
21. Use of Buyer Information. VIP shall hold all personal information provided by the Bidder at registration and the Bidder agrees and consents to such information being used by VIP to:
a) prepare each Auction Item for shipping to the Buyer;
b) process Buyer’s payment and update Buyer about their order, including but not limited to sending reminders relating to any outstanding payment; and
c) contact credit reference agencies and keep records of any searches carried out on VIP’s behalf.
By registering for this Auction, you consent to us contacting you regarding your bidding activity and about important updates regarding the running of the Auction. We will not pass your information on to any third parties.