Terms & Conditions
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and you must discontinue use immediately.
2. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property rights laws.
The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
3. User Accounts and Registration
To access certain features of the Site, you may be required to register for an account. You agree to:
Provide accurate, current, and complete information during the registration process.
Maintain the security of your password and accept all risks of unauthorized access to your account.
Be responsible for all activities that occur under your account.
Notify us immediately if you suspect or become aware of any unauthorized use of your password or account.
Be at least 18 years of age or the age of majority in your jurisdiction to make a purchase.
4. Products and Ordering
Product Information: We make every effort to display the colors, features, specifications, and details of the products available on the Site as accurately as possible. However, we do not guarantee that the product descriptions, colors, or other content on the Site are accurate, complete, reliable, or error-free.
Pricing and Payment: All prices are subject to change. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Order Acceptance: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
5. Shipping, Delivery, Returns, and Refunds
Shipping: Shipping costs and estimated delivery times will be provided at checkout. We are not liable for delays caused by the shipping carrier or for lost or damaged shipments once they have been delivered to the carrier.
Returns and Refunds: Our policy on returns and refunds is detailed in our [Link to Returns/Refund Policy]. Please review this policy before making a purchase.
6. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Prohibited activities include, but are not limited to:
Unauthorized use of our content.
Interfering with the security features of the Site.
Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Making improper use of our support services or submitting false reports of abuse or misconduct.
7. User-Generated Contributions
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Ownership: You represent and warrant that you own or have the necessary rights to use and authorize us to use your Contributions as described in these Terms.
License Grant: By posting your Contributions, you grant us an unrestricted, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Contributions throughout the world in any media.
8. Privacy Policy
We care about data privacy and security. Please review our [Link to Privacy Policy]. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.
9. Modifications to Terms
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms. It is your responsibility to review these Terms periodically to stay informed of updates. You waive any right to receive specific notice of each such change. Your continued use of the Site after such modified Terms are posted will constitute your acceptance of the modifications.
10. Governing Law and Dispute Resolution
These Terms and your use of the Site are governed by and construed in accordance with the laws of Texas/United States, without regard to its conflict of law principles.
Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [Trinity Texas/United States], and the parties hereby consent to the personal jurisdiction and venue of these courts.
11. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. You agree that your use of the service is at your sole risk.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service.
12. Termination
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
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Terms and Conditions for Customer-Provided Items
1. Assumption of Risk by Buyer
By proceeding with a purchase and agreeing to these terms, the buyer acknowledges and accepts full responsibility and risk for the condition of any die-cast car or other item they ship to the seller. This includes any risk of damage, loss, or theft during the shipping process, whether caused by the shipping carrier or any other third party.
2. No Liability for Condition During Transit
The seller holds no responsibility for the condition of the die-cast car or item once it has been sent through the mail by the buyer. The seller's responsibility for the item does not begin until it is physically received and in the seller's possession.
3. Inspection and Documentation Upon Receipt
Upon receiving the item, the seller will document its condition. This may include taking photographs or video. If the item arrives damaged, the seller will notify the buyer and provide documentation. The buyer must then file any necessary claims with their chosen shipping carrier.
4. Buyer's Responsibility for Shipping
The buyer is solely responsible for all aspects of shipping their item to the seller, including:
Choosing a shipping carrier.
Purchasing appropriate insurance to cover any potential damage, loss, or theft during transit.
Properly packaging the item to protect it from damage.
5. Waiver and Release of Liability
To the maximum extent permitted by law, the buyer voluntarily waives and releases the seller from any and all liability for damages, injuries, or losses related to the shipment of the die-cast car from the buyer to the seller.
6. Entire Agreement
These terms and conditions constitute the entire agreement between the buyer and seller regarding the shipping and handling of customer-provided items. No other warranties or guarantees, either expressed or implied, exist regarding the item's condition during transit.
7. Governing Law
This agreement shall be governed by and construed in accordance with the laws of Texas, without regard to its conflict of law provisions.