TERMS & CONDITIONS OF SALE:
The following terms and conditions apply to all online sales for GOTTA HAVE IT!® Collectibles, Inc., Gottahaveit.com®, and Gotta Have Rock and RollTM (GOTTA HAVE IT!®).
Welcome to the online website of GOTTA HAVE IT!® Collectibles, Inc., Gottahaveit.com®, and Gotta Have Rock and Roll TM (the "Site"). Any person who registers to purchase property offered on this Site must accept the terms and conditions set forth in these Conditions of Sale without change or alteration.
PLEASE NOTE THAT WHEN YOU CHOOSE THE ACCEPT BUTTON, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED IN THESE CONDITIONS OF SALE INCLUDING ALL SPECIAL NOTICES, THE PRIVACY AND SECURITY POLICY, TERMS OF USE AND ALL OTHER POLICIES, PROCEDURES AND GUIDELINES (INCLUDING BUT NOT LIMITED TO THOSE FOR CONDUCTING AUCTIONS) INCORPORATED HEREIN BY REFERENCE (TOGETHER, THE "AGREEMENT").
Our services are available only to individuals who have the power to form legally binding contracts under applicable law. Without limiting the generality of the foregoing, our services are not available to minors. If you do not qualify, please do not use this Site.
This Agreement governs the terms on which all property is offered and sold on this Site and creates a legal contract between each person registered to purchase any property offered on the Site (a "Buyer" or "you") and GOTTA HAVE IT!®.
GOTTA HAVE IT!® may change the terms and conditions set forth in this Agreement in the future. Any changes to the Conditions of Sale and to other policies, procedures or guidelines referenced herein will be effective immediately upon posting on the Site. You are responsible for reviewing notices and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THE SITE FOLLOWING THE SITE'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY
CHANGES TO THIS AGREEMENT, YOU MAY NOT CONTINUE TO USE THIS SITE.
These Conditions of Sale are presented in two sections: A. "General Terms and Conditions," B. "Certain Provisions Relating to Buyers"
•A. General Terms and Conditions
A.1. Operation of Site and Taxes.
The Site provides a venue for Buyers to purchase property. SimpleAuction.com (the "Site Provider") is responsible only for the operation of the Site. The Site Provider has no involvement in any transaction entered into, on or through the Site.
The online "Total Purchase Price" is defined as: (a) the price for an item or the successful bid for an auction lot, plus(b) (in the case of an auction) a buyer's premium of 20% of the successful bid on an auction lot,(c) sales tax, if applicable, (d) shipping costs and customs duties (if applicable), plus transit insurance charges (1.5%). The Site reserves the right to review and to change the "User Name" of any person registering to participate in any auction on this Site, at any time and for any reason upon
e-mail notice to such person.
A.2. Limitations of Guarantees
All Property offered on this Site is sold subject only to the specific guarantee by GOTTA HAVE IT!® as to authenticity and physical condition set forth in subsection A.3 below.
Property offered on the Site is often of some age. Other than as set forth in the specific guarantee set forth in subsection A.3, all Property on the Site is sold "AS IS." No other statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or representation. Please note that GOTTA HAVE IT!® does not make any representation or warranty as to whether the Buyer acquires any reproduction or other intellectual property rights in the property.
A.3. Certain Guarantees.
Such statements are guaranteed only as set out in (i) Authenticity Guarantee and (ii) Physical Condition Guarantee, below. Statements relating to the authenticity, creator or originator and culture or source of origin of an item or lot are further qualified by the specific limitations set forth in the following subsection (i).
(i) Authenticity Guarantee.
Subject to the limitations set forth above and below, GOTTA HAVE IT!® guarantees that (a) the item or lot is not a counterfeit (as defined below), and (b) the date on whichor period during which the lot was created, and the culture or source of origin with which the item is identified, are as set out in the Guaranteed Property Description of the lot(the "Authenticity ").The Authenticity Guarantee of each item or auction lot sold on the Site begins from the date of sale of such item or the date the auction lot closes on the Site, and is given onlyto GOTTA HAVE IT!® and the person who purchased the item or the auction lot on the Site and not to any subsequent owner.In these Conditions of Sale, a "counterfeit" means a deliberate modern forgery, i.e., an imitation created since 1870 with the intention of deceiving as to authorship, origin, date,age, period, culture or source (where the correct description of such matters is not reflected by the description of the property) and which, at the date of the sale, had a value materially less than it would have had if the item had been in accordance with the guaranteed description of the property. No lot shall be considered a counterfeit by reasononly of any damage and/or restoration and/or modification work of any kind.
The Authenticity Guarantee does NOT apply:
To any description specifically noting that there is a conflict of specialist opinion on the authorship of the item or auction lot;
To attribution in accordance with the generally accepted opinion of scholars or specialists on the date the item or auction lot was sold; Where the means of establishing that an item or auction lot was counterfeit at the time of sale was by a method or process that was not generally accepted for use until afterthe date of sale or was unreasonably expensive or impractical or was likely to cause damage or loss of value to the item or auction lot; To frames, bases or other means of mounting that may be sold with the actual work of art. If it is determined to GOTTA HAVE IT's reasonable satisfaction that a sale is subject to rescission under the terms of the Authenticity Guarantee or applicable law, GOTTA HAVE IT!® is obligated to rescind the sale in accordance with subsections (iii) and (iv) below, provided that the lot is returned to GOTTA HAVE IT® at its place of business in the same condition as it was at the time of sale and free from any claims by third parties. GOTTA HAVE IT® may request, before determining whether to rescind a sale under the Authenticity Guarantee, that the Buyer obtain the written opinion of up to two recognized experts in the relevant field who are mutually acceptable to GOTTA HAVE IT!® and the Buyer.
(ii) Physical Condition Guarantee - GOTTA HAVE IT!® also warrants that the description of an item or auction lots physical condition is substantially correct based upon a fair reading of the description of the item taken as a whole. This warranty applies until the item or auction lot is received by the Buyer and is only made to the person who purchased the item or auction lot on the Site and not to any subsequent owner. If the item or auction lot is framed or mounted on a base or other mounting, or is covered by
glass, no guarantee or warranty is made with respect to the condition of the frame, base, other mounting or glass.
If it is determined that the description of an item or auction lot's physical condition is not substantially correct based upon a fair reading of the description of the item taken as a whole, GOTTA HAVE IT!® is obligated to rescind the sale in accordance with subsections (iii) and (iv) below, provided that the lot is returned by the Buyer to GOTTA HAVE IT!® at its place of business in the same condition as it was at the time of sale and free of any claims by third parties. When reviewing descriptions of lots, you should bear in mind the age and past use of the lot and should assume that items and auction lots will show signs of reasonable "wear and tear." If you would like additional information as to the condition of a lot, you should contact GOTTA HAVE IT!® prior to purchasing an item or bidding on a lot. (iii) Sole Remedy. It is specifically understood and agreed that the rescission of a sale and refund of the Total Purchase Price is exclusive and in lieu of any other remedy that might otherwise be available as a matter of law, or in equity. The Buyer shall not be entitled to any incidental or consequential damages incurred or claimed.
A.4. Refusal of Transaction.
GOTTA HAVE IT!® reserves the right to withdraw any property before the end of the sale period, halt any sale during its progress, and/or remove, screen or edit any materials or content on the Site. GOTTA HAVE IT!® may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion. GOTTA HAVE IT!® will not be liable to any Buyer by reason of GOTTA HAVE IT!®'s withdrawal of any property prior to the end of the sale period; halting any auction or sale during its progress;
removing, screening or editing any materials or content on the Site; refusing to process a transaction; or unwinding or suspending any transaction after processing has begun. In the event of failure of the Buyer to complete a sale for any reason, including GOTTA HAVE IT!®'s decision to refuse to process the transaction, GOTTA HAVE IT!® has the right to sell the property to the next highest bidder. In the event of similar bids, the earliest bidder at that level will be the successful Buyer. In all cases, GOTTA HAVE IT!®'s
determination of the successful Buyer will be final.
A.5. Monitoring.
GOTTA HAVE IT!® may investigate, in its sole discretion, the use of any credit card by a user registered to buy on the Site, and take such action as GOTTA HAVE IT!® deems appropriate, including without limitation, contacting the individual using such card, canceling bids or an offer to purchase placed by such user, and/or deactivating a Buyer'saccount.
A.6. Eligibility to Use Site.
Use of the Site is limited to parties that lawfully can enter into and form contracts and buy and sell on the Site under applicable law. For example, minors and persons and entities domiciled in jurisdictions where online auctions are prohibited are not allowed to participate in auctions either as Buyers. To register, you must provide your real name, phone number, email address, credit card details and other requested information. Consignors of property being sold on the Site are not permitted to bid on or offer to buy their own property, nor to instruct, authorize or permit any other person to bid for or purchase such property on their behalf or to otherwise take any action that may manipulate the sale process in any way.The Site is available only to individuals and others who meet the terms of eligibility, who have been issued a valid credit card by a bank acceptable to GOTTA HAVE IT!®.
A.7. Compliance with Laws.
The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site and anytransactions conducted on or through the Site.
A.8. Place of Contract; Disputes.
The contract between the Buyer and GOTTA HAVE IT!® will be completed when an item has been ordered or the sale period for the lot ends, at which point the personwho agreed to pay the listed asking price or submitted the highest valid bid, received and accepted by the Site, will be the Buyer. GOTTA HAVE IT!® IS LOCATED IN NEW YORK, NEW YORK; THE CONTRACT OF SALE IS THEREFORE DEEMED TO HAVE BEEN COMPLETED IN NEW YORK, NEW YORK, U.S.A. Buyer waives the right to
bring a claim in any court located outside New York, New York, or to argue that any such court has jurisdiction over any claim arising under or related to this agreement orany transaction consummated hereunder. GOTTA HAVE IT!® reserves the right to reject any bid or offer to buy at any time. In the event of identical bids or offers, the first bidor offer received by the Site will take precedence. In the event of any dispute between potential Buyers, or in the event of doubt as to the validity of any bid or offer, GOTTAHAVE IT!® will have the final discretion to determine the successful Buyer. If any dispute concerning bidding or any offer to purchase arises after the sale, GOTTA HAVEIT!®'s determination is conclusive. Please note that GOTTA HAVE IT!® is not responsible for errors or omissions in connection with the transmission of bids or offers to the Site (including without limitation your receipt of emails regarding the status of a bid, offer, lot or purchase), nor for any online or other charges you may incur in connection with participating in a sale.
A.9. Password Security.
Your password may be used only to access the Site, use the services available on the Site and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account), and you are solely responsible for any use of or action taken under your password on the Site. If your password is compromised, you must change your password.
A.10. Fraud.
You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on this Site. Fraudulent conduct is a violation of federal and state laws and may be reported to law enforcement authorities. GOTTA HAVE IT!® will cooperate to ensure that violators are prosecuted to the fullest
extent of the law.
A.11. Export/Import Restrictions.
Some of the items for sale may require cultural, customs and other permits for export from the country in which they are located and import to the Buyer's country, and may
also be subject to a right of pre-emption or compulsory purchase by the country from which they are to be exported. It is the responsibility of GOTTA HAVE IT!® to ensure
that the item is properly and lawfully exported from the country in which it is located. Property imported into the Buyer's country is the responsibility of the Buyer. GOTTA
HAVE IT!® MAKES NO REPRESENTATION OR WARRANTY AND ACCEPTS NO LIABILITY WHATSOEVER TO THE BUYER OR OTHER PARTY IN RESPECT OF THE
AVAILABILITY OR ISSUANCE OF VALID IMPORT AND EXPORT OR OTHER PERMITS OR THE EXISTENCE OR EXERCISE OF PRE-EMPTION RIGHTS TO PURCHASE
BY GOVERNMENTAL OR REGULATORY AUTHORITIES ANYWHERE.
A.12. Remedies for Buyer's Failure: Auction Sales
If any applicable conditions of this Agreement are not complied with in a timely manner by the Buyer (including without limitation a Buyer's failure to pay for a purchase in good
funds within fourteen days after the invoice) has been sent to the Buyer), in addition to other remedies available to GOTTA HAVE IT!® by law, including without limitation the
right to hold the Buyer liable for the Total Purchase Price, GOTTA HAVE IT!® has the option to cancel the sale and re-offer the lot on the Site or sell it to a lower bidder or sell it
privately. In addition, GOTTA HAVE IT!® may hold the Buyer liable for any and all costs of collection or re-offer, handling charges, late charges of 1.5% per month (or the highest
rate allowed under applicable law, whichever is lower), commissions, and any legal fees and expenses. Further, GOTTA HAVE IT!® at its sole discretion, may deactivate a
Buyer's account for failure to pay the Total Purchase Price or for improper bidding or other breaches of the Agreement.
A.13. Governing Law; Language.
THESE CONDITIONS OF SALE AS WELL AS THE BUYER'S, AND GOTTA HAVE IT!®'S RESPECTIVE RIGHTS AND OBLIGATIONS HEREUNDER ARE GOVERNED BY
AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. BY ACCESSING OR USING THE SITE, THE BUYER SHALL
BE DEEMED TO HAVE CONSENTED TO THE EXCLUSIVE JURISDICTION OF THE STATE COURTS OF, AND THE FEDERAL COURTS SITTING IN, THE STATE OF NEW
YORK WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY TRANSACTIONS CONDUCTED ON
OR THROUGH THE SITE AND THESE CONDITIONS OF SALE, AND TO HAVE AGREED THAT PROPER VENUE SHALL LIE IN THE AFOREMENTIONED COURTS, AND
YOU AGREE NOT TO COMMENCE OR PROSECUTE ANY SUCH CLAIMS, ACTIONS, OR PROCEEDINGS OTHER THAN IN THE AFOREMENTIONED COURTS. You
agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the State of New York. English shall be the language of this Site,
and all transactions occurring in connection with this Site, and all users waive any right to use and rely upon any other language or translations. Translations of this Agreement
may be presented in languages other than English for the convenience of users. However, you specifically agree that the English language version of this Agreement shall
control in the event of any inconsistency between that version and any translation presented in languages other than English.
A.14. Privacy.
(i) GOTTA HAVE IT!®is committed to protecting your privacy. The Privacy Notice may be changed in the future. You should check the Privacy and Security Policy frequently for
changes. Notwithstanding any provision of the Privacy and Security Policy, however, please note that:
(a) GOTTA HAVE IT!® reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other
third parties; and
(b) in order to cooperate with governmental requests, to protect the Site's systems and GOTTA HAVE IT!® customers and/or to ensure the integrity and operation of the
Site and GOTTA HAVE IT!®'s business and systems, GOTTA HAVE IT!®may access and disclose any information it considers necessary or appropriate, including, without
limitation, user contact details, IP addressing and traffic information and usage history.
By registering to buy on the Site, you specifically authorize GOTTA HAVE IT!® to transmit registration information (including any updated information) or to obtain information
about you from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in
a community property jurisdiction) in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual
purchase transactions for which you are the successful Buyer.
A.15. Disclaimer of Warranties.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, WITH RESPECT TO THE SITE, ANY PROPERTY OFFERED ON THE SITE OR ANY TRANSACTIONS THAT MAY BE CONDUCTED ON OR THROUGH THE
SITE, INCLUDING WITHOUT LIMITATION:
(i) The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
(ii) That the Site will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error;
(iii) Any implied warranty arising from course of dealing or usage of trade; and
(iv) Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of the GOTTA HAVE IT!®. To the full extent permissible under applicable
law, GOTTA HAVE IT!® disclaims any and all such warranties.
A.16. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOTTA HAVE IT!® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT
LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, REVENUES
OR DATA), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON OR THROUGH THE SITE. GOTTA HAVE IT!® SHALL
HAVE NO LIABILITY FOR ERRORS APPEARING ON TV DISPLAY OR WEBSITE; THE SITE'S COMPUTER LOG SHALL CONSTITUE THE OFFICIAL RECORD OF ALL
TRANSACTIONS, AND ALL DECISIONS BASED ON SUCH LOG SHALL BE FINAL.
A.17. Ownership.
All software used on this Site is the property of the Site Provider is protected by U.S. and foreign copyright laws and international conventions. The content and software on
this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of
the content on this Site is strictly prohibited.
A.18. Notice of Intellectual Property Rights.
GOTTA HAVE IT!® Collectibles and GOTTA HAVE IT!® Auction's logos are registered trademarks. These trademarks may not be used in connection with any product or
service that is not GOTTA HAVE IT!® Collectibles, Inc. or GOTTA HAVE IT!®, in any manner that is likely to cause confusion to the public, or in any manner that disparages or
discredits GOTTA HAVE IT!® Collectibles or GOTTA HAVE IT!® Auctions.
A.19. Termination.
GOTTA HAVE IT!®, in its sole discretion, may terminate the right of any user to participate in sales conducted on this Site or to access the Site without notice for any reason.
A.20. Notices.
To be effective, notices to GOTTA HAVE IT!® relating to this Agreement, the Site or any transaction conducted on or through the Site must be given in writing and must be sent
to the intended recipient by registered letter, receipted commercial courier, or electronically receipted facsimile transmission (acknowledged in like manner by the intended
recipient) at the following addresses:
Gotta Have It! Collectibles, Inc.
153 East 57th Street
New York, New York 10022
With a copy to:
Gotta Have It! Collectibles, Inc.
153 East 57th Street
New York, New York 10022
Attn: General Counsel
GOTTA HAVE IT!® may change its address for notices by posting the new address on the Site.
A.21. No Agency; Third-Party Beneficiary.
This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of GOTTA
HAVE IT!® and relying Buyers.
A.22. Severability; Nonwaiver.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining
provisions and shall not affect the validity and enforceability of any remaining provisions. GOTTA HAVE IT!®'s failure to exercise or forbearance from exercising any rights or
remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of GOTTA HAVE IT!®'s
right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this
Agreement by GOTTA HAVE IT!® must be made in writing and signed by an authorized representative of GOTTA HAVE IT!® specifically referencing this Agreement and the
provision to be waived.
•B. CERTAIN PROVISIONS
B.1. Binding Contract: AUCTIONS
By placing a bid to buy any lot, you irrevocably agree to pay the Total Purchase Price for the lot if you are the successful Buyer. Once you place a bid or offer, you may not cancel
it. Each successful bid or offer creates a binding obligation on you, as Buyer, enforceable by GOTTA HAVE IT!®, to pay fully and promptly all sums due and perform any
other conditions of completion with respect to the applicable sale. Upon completion of a sale on the Site, the buyer will receive an invoice, including (i) the sales price (ii) sales
tax, use tax, or other taxes applicable to the transaction in the United States, (iii) shipping costs and transit insurance charges and (iiii) the Buyer's Premium. In addition to,
and without limitation of, the rights of the Site, each Buyer specifically acknowledges that if GOTTA HAVE IT!® is unable for any reason to collect funds sufficient to completely
cover the costs of any transaction to which such Buyer is a party, GOTTA HAVE IT!®reserves the right to turn such matters over to collection agencies.
B.2. Buyer's Premium and Payment: AUCTIONS
You will be charged a Buyer's Premium of 20% of the successful purchase price. Upon completion of a sale on the Site, you will be notified by email if you are the successful
Buyer for the lot. Upon determination by GOTTA HAVE IT!® Auctions, Inc. that you are the successful Buyer for a lot, you will be liable to pay immediately the Total Purchase
Price for such lot.
B.3. Packing and Shipping
If you are the successful bidder or purchaser of an item on the website, you are obligated to pay the cost of packing, shipping and insurance of the lot while in transit to you.
Potential Buyers should also be aware that packing and shipping costs may be substantial, particularly if the lot is of large size or weight, or requires special packing due to
its fragility or construction. If you have any questions about the potential cost of shipping a lot, you should contact GOTTA HAVE IT!® to obtain a shipping estimate. GOTTA
HAVE IT!® is not responsible for the acts or omissions of carriers or packers of purchased lots. Packing and handling of purchased lots is at the entire risk of the Buyer (subject
to GOTTA HAVE IT!®'s obligation to provide insurance as provided in this Agreement). GOTTA HAVE IT!® will automatically ship the lot to the Buyer in the manner required
under this Agreement and by a method deemed reasonably appropriate to safely deliver the purchased lot to the Buyer, and subject to the standard terms of business of the
shipper employed. The Buyer will be charged for such shipment, packing and insurance. Please be aware that GOTTA HAVE IT!® Auctions, Inc. may not be able to accommodate
your request for alternative shipping or delivery arrangements. Buyers must supply a street address for delivery of property purchased by them on the Site. Sellers will
not ship property to a post office box.
Buyers should note that transit insurance for shipments generally does not cover loss or damage caused by wear and tear, gradual deterioration, moths, vermin, inherent vice,
restoration or retouching; or any damage sustained due to any hostile action, seizure or destruction under quarantine or customs regulations, confiscation by order of any
government or public authority, nuclear reaction or nuclear radiation whether controlled or uncontrolled; or any loss or damage attributable to willful misconduct of the assured.
In the event of loss or damage to a shipment, the Buyer must retain all packing materials and any of the contents of the package(s) and contact GOTTA HAVE IT!® promptly
in order to make a claim.
PLEASE NOTE THAT BY ACCEPTING THESE CONDITIONS OF SALE, YOU ARE AGREEING THAT ALL TRANSACTIONS CONDUCTED ON THIS SITE WILL BE
SUBJECT TO THE LAWS OF THE STATE OF NEW YORK, U.S.A., AND CONSENTING TO EXCLUSIVE JURISDICTION IN THE COURTS OF THE STATE OF NEW YORK,
U.S.A. OR FEDERAL COURTS IN NEW YORK, NEW YORK, U.S.A.