Terms of service
Essex Card Shop ("we," "us," or "our") provides the Essex Card Shop online store, website, and all associated services (the "Services") to you, the customer. These Terms of Service ("Terms") constitute a legally binding agreement between you and Essex Card Shop, outlining your rights and responsibilities when using our Services. Please read them carefully.
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you may not access or use the Services.
1. General Terms & Eligibility
By using the Services, you represent and warrant that you are at least the age of majority in your state or country of residence (18 years of age or older in most jurisdictions) and have the legal capacity to enter into a binding agreement. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You may not transfer or assign your account to any other person or entity.
2. Products, Orders, and Acceptance
We strive to display our products, including descriptions, specifications, and images, as accurately as possible. However, we cannot guarantee that colors, details, or other aspects of product appearance on your screen will be an exact representation of the actual item due to variations in display devices. Product descriptions are subject to change without prior notice. We reserve the right to limit the quantities of any product offered and to discontinue any product at any time.
Placing an order through our Services constitutes an offer to purchase the selected products. We reserve the right to accept or decline your order at our sole discretion for any reason, including but not limited to product availability, errors in product or pricing information, or errors in your order. Your order is only confirmed and a contract formed when we send you a Shipment Confirmation email. We may need to verify information before accepting your order.
3. Pricing and Payment
All prices displayed on the Services are in United States Dollars (USD) and are subject to change without notice. The price applicable to your order is the price confirmed in your Order Confirmation email. Posted prices do not include applicable sales taxes, value-added taxes, or shipping and handling charges, which will be calculated and added to the total amount due at checkout before you place your order.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Services. You agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We reserve the right to refuse any order you place with us.
4. Shipping and Delivery
We currently ship to addresses within the contiguous United States. For complete details regarding processing times, shipping methods, estimated delivery times, shipping costs, and procedures for handling lost or damaged items, please refer to our Shipping Policy.
5. Order Cancellation
You may cancel your order for a full refund within 24 hours of purchase, provided it has not yet entered the processing stage. Cancellation requests must be made by emailing info@essexcardshop.com with your order number and "Cancellation Request" in the subject line. After 24 hours, or once an order has been processed, it cannot be canceled through this method and must be handled in accordance with our Return & Refund Policy.
6. Intellectual Property Rights
All content included on or forming part of the Services, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software (collectively, "Content"), is the property of Essex Card Shop, its content suppliers, or its licensors and is protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws. You are granted a limited, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Services and Content. This license does not include any right to: (a) resell or make commercial use of the Services or any Content; (b) collect and use any product listings, images, or descriptions; (c) make any derivative use of the Services or Content; or (d) use any data mining, robots, or similar data gathering and extraction tools.
7. User-Generated Content and Feedback
If you submit, post, or transmit any reviews, comments, feedback, suggestions, ideas, or other submissions ("User Content") through the Services, you grant Essex Card Shop a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, display, and incorporate such User Content in any media now known or later developed, for any purpose whatsoever, without compensation or attribution to you. You represent and warrant that you own or control all rights to the User Content you submit and that your User Content does not violate these Terms or any applicable law.
8. Prohibited Conduct
You agree to use the Services only for lawful purposes and in a manner that does not infringe upon the rights of, restrict, or inhibit anyone else's use and enjoyment of the Services. Prohibited conduct includes, but is not limited to:
- Using the Services for any fraudulent, illegal, or unauthorized purpose.
- Violating any applicable local, state, national, or international law or regulation.
- Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
- Harassing, abusing, threatening, defaming, or otherwise violating the legal rights (such as privacy and publicity) of others.
- Attempting to gain unauthorized access to our computer systems or other users' accounts.
- Using any automated system, including "robots," "spiders," or "offline readers," to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same time period.
- Interfering with or attempting to interfere with the proper working of the Services.
9. Disclaimer of Warranties
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESSEX CARD SHOP, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO ESSEX CARD SHOP IN THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
11. Indemnification
You agree to indemnify, defend, and hold harmless Essex Card Shop and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms or any applicable law.
12. Governing Law and Dispute Resolution
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal or state courts located in New York County, New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. Modifications to Terms
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes. The current version of these Terms will always be available on our website.
14. Termination
We may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Contact Us
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:
- Store Name: Essex Card Shop
- Phone Number: +1 212-228-7740
- Email: info@essexcardshop.com
- Physical Address: 47 Avenue A, New York, NY 10009, USA
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Business Hours:
- Monday – Friday: 9:00 AM – 9:00 PM (EST)
- Saturday – Sunday: 9:00 AM – 8:00 PM (EST)