Terms & Conditions

Welcome to Zobie!

Please read these Terms of Service (“Terms”) carefully before acknowledging.

By agreeing to purchase from ShopZobie.com (“Zobie”), you accept these Terms. These Terms apply to each purchase of product or service from Zobie. Zobie reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site.

USE OF SHOPZOBIE.COM

To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority.

You may not reproduce, modify, display or otherwise make commercial use of any content from Zobie's website unless expressly permitted by Zobie. Zobie reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user's conduct violates applicable laws or is otherwise harmful to Zobie.

INTELLECTUAL PROPERTY RIGHTS

All graphics, images, and content on Zobie's website, blog, and social media outlets belong exclusively to Zobie, or its affiliates. The use of any Zobie trademarks or service marks without Zobie's express written consent is strictly prohibited.

PRIVACY POLICY

Please review our Privacy Policy.

CORRECTION OF ERRORS AND INACCURACIES

We endeavor to present the most recent, most accurate, and most reliable information on Zobie at all times. However, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies, or omissions may relate to product description, pricing, and availability. We apologize for any inconvenience this may cause you.

TYPOGRAPHICAL ERRORS

In the event Zobie catalog product is listed at an incorrect price due to typographical error or systems error, Zobie shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Zobie shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and payment has been made.

COLOR

Zobie has made every effort to display, as accurately as possible, the colors of our products that appear on this site. However, as the actual colors you see depend on your screen, we cannot guarantee that your screen's display or colors you see will be accurate.

CONTESTS & PROMOTIONS

Any contests or promotions described or posted on this site or on Zobie's social media will be governed by the rules regulating such event.

SHIPPING & RETURNS

You can select your preferred service at checkout, but Zobie may switch the shipping service at its sole discretion. If shipping charges are different than we estimate due to the weight or size of the shipping box, or if items must be shipped separately because signings are at different times, you are responsible for the difference and we will invoice you accordingly.

International customers are responsible for all customs, taxes, duties, etc that your country may charge and we are unable to understate the cost of items/signatures purchased.

Refunds are only accepted due to items arriving damaged and must be requested within 7 days of receipt of item(s). In order to file a return, all packaging materials must be kept with the item to allow insurance claim to be filed, and item and packaging may need to be inspected by the carrier to approve insurance claim. Refunds will be issued within 30 days of notification of a damaged item. Due to the nature of signed collectibles, no other returns are allowed.  

When purchasing pre-sale and mail-in autographs, all purchases are non-refundable, except in the instance that a convention or talent cancels for any reason (in this instance a refund will be given for the purchased signature cost, minus additional insurance and return shipping). If any exceptions are made to cancel an order, there is a 20% cancellation penalty and return shipping is the responsibility of the buyer if an item needs to be returned. Please note: that requesting to cancel to send an item to another signing will incur the fee even if a signing we are holding has been delayed.

If an item is already packed for a future signing and a person requests to cancel, please note that we may not be able to if we are unable to easily pull the item after being packed. Refunds for pre-sale and/or send-in items are not given for instances including, but not limited to, misspelled quotes, signature quality, minor wear on items, etc.

Zobie reserves the right to hold any customer items if any monies are owed on other orders for said customer until any monies owed are paid in full 

ACKNOWLEDGEMENT & ASSUMPTION OF RISK

Zobie is not responsible for any such damage caused by the medium you selected to prep your item or if Zobie must label your item. This includes, but is not limited to: adhesive residue or ink lift. Please test applying anything to your item in an inconspicuous area prior to labeling.

Purchasing from Zobie is acknowledging that any request is not guaranteed.A request could include any of the following:

  • Specific pen type / ink color
  • Signature location Inscription or personalization as requested by you
  • Quote as requested by you
  • Location of authentication sticker (if authentication is requested). Some signings have mandatory authentication and mandatory location to place the authentication sticker. If authentication is requested, the default location to place the sticker is on the front unless you request the item to be stickered on back (except where required to be on a specific location).

Zobie will try our best to get any request(s) you may have, but there are some things that are out of our control. If something is missed such as an inscription that was paid for, a refund or credit would be given. We reserve the right to adhere to any refusal(s) made by the talent (celebrity, artist, creator, or whomever is signing the item) or a member of their team (agent or representative).

During any signing, there are risks of damage to an item or signature. Zobie is not liable for any damage that happens when your item is being signed. Although very rare, it is possible and damage is defined by, but not limited to, any of the following:

  • Pen malfunction (smearing, ink not adhering, ink bleeding or pooling, pen drying up during signature, etc)
  • Misspelled character names, quotes or any other inscriptions (this also includes talent making a change to a request)
  • Damage such as a crease, scratch, water spot, rips
  • Any other damage to an item while the talent is physically signing the item (fingerprint, smudged signature, etc.)

Zobie does everything we can to minimize risks, such as properly prepping paint pens, testing each pen a second time just before being used, switching pens when they start to streak, fade, etc, and properly setting up items prior to a signing.  

Zobie is not responsible or liable for damage or loss during shipping to us or back to you however we do insure items during return shipping. Please package your items for shipping accordingly. We return your item in the same packaging you send to us (if possible) or more securely if not. We highly recommend insuring your item when shipping to us. If your item arrives to our office in a damaged package, you will be notified immediately. We do not guarantee against minor damage that may occur during shipping. If an item has substantial damage we can file an insurance claim.

While items are in the possession of Zobie, in transit to/from signings, and at the signing, your item(s) will be insured for the amount of the signature only unless you specify a value you need your item insured for while in our care. Please note that to file an insurance claim due to damage during shipping back to you, you must have proof of value of said item(s) such as receipts or purchase, receipts of signature costs, or appraisal. If an item is damaged in shipping to you or if a package is lost during shipping to you, an insurance claim must be filed within 60 days of shipment or will automatically be declined and Zobie will not be held responsible.

I personally, knowingly, and voluntarily acknowledge all these risks and hold harmless Zobie, their partners, and the talent and their associated entities. By purchasing from Zobie, I personally, freely and expressly accept any and all risks and release liability to the above mentioned entities.

STORAGE

Due to limited capacity, Zobie is not able to hold your items unless a pre-order is linked to the item. All completed orders will be shipped out.

WARRANTY DISCLAIMER

This site and all contents of the site are provided on an 'as is' basis without warranties of any kind.

COMMUNICATIONS TO YOU

By submitting your email address into our email submission form, you agree that Zobie may send electronic mail to you for purposes that Zobie deems appropriate.  

MOBILE MESSAGING

Zobie (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://shopzobie.com/pages/terms-conditions(the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. 1. User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 2. User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Zobie and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. 3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of authentic autograph memorabilia. Messages may include checkout reminders. 4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. 5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at sales@zobieproductions.comPlease note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above. 6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. 7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages. 8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with a text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions. 9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform. 10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent. 11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Zobie Productions, 500 Century Plaza Dr. #150. Houston, TX 77073 before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Zobie Productions principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. 12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable. 13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Our Terms were last updated: December 1st, 2022 10:16am Central.