Terms of service

CRUZ CRATE TERMS OF SERVICE


OVERVIEW


Welcome to Cruz Crate. The terms “we,” “us,” and “our” refer to Cruz Crate. Cruz Crate operates this website and online store and provides customers with access to products, information, content, features, tools, and related services (collectively, the “Services”).


Our store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.


These Terms of Service (“Terms”), together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies posted on our website, govern your access to and use of the Services.


By visiting our website, creating an account, placing an order, or otherwise using the Services, you agree to these Terms. If you do not agree, you should not use the Services.



SECTION 1 - ELIGIBILITY AND ACCOUNTS


By using the Services, you represent that you are at least the age of majority in your state or jurisdiction of residence or that you have permission from a parent or legal guardian where required.


You agree to provide accurate, current, and complete information when creating an account or placing an order.


You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.


We reserve the right to refuse service, cancel accounts, limit purchases, or cancel orders when reasonably necessary to protect Cruz Crate, our customers, or the integrity of our store.



SECTION 2 - PRODUCTS AND COLLECTIBLES


Cruz Crate sells products that may include trading cards, sealed trading card products, sports cards, collectibles, toys, video games, electronics, DVDs and other media, clothing, shoes, replica belts, and other merchandise.


We make reasonable efforts to accurately describe and photograph our products. However, colors and appearance may vary depending on your device, display settings, lighting, photography, packaging revisions, or manufacturer changes.


For individual trading cards and pre-owned merchandise, photographs may form an important part of the item's description. Customers should review available photographs and condition information before purchasing.


Unless expressly stated otherwise, Cruz Crate does not guarantee that an ungraded trading card will receive any particular grade from PSA, CGC, Beckett, SGC, or any other grading company.


Minor manufacturing imperfections, including print lines, centering differences, surface imperfections, packaging variations, or similar characteristics, may occur and do not necessarily constitute a defective product.


Product packaging may occasionally vary from photographs due to manufacturer updates or production changes.



SECTION 3 - SEALED TRADING CARD PRODUCTS


Sealed trading card products may contain randomized contents.


Purchasing a sealed trading card product does not guarantee any particular card, character, player, rarity, autograph, memorabilia card, parallel, insert, monetary value, pull rate, or grading result unless expressly guaranteed in the product listing.


Any stated manufacturer odds or pull rates are controlled by the manufacturer and are not guarantees made by Cruz Crate.


Once a sealed trading card product has been opened, its eligibility for return is governed by our Refund Policy.


Cruz Crate is not responsible for changes in the secondary-market value of cards or collectibles after a purchase has been completed.



SECTION 4 - ORDERS


Submitting an order constitutes an offer to purchase products from Cruz Crate. An order is not guaranteed until it has been accepted and payment has been successfully processed.


We reserve the right to refuse, limit, or cancel an order when reasonably necessary, including in cases involving:


• Pricing or listing errors;

• Incorrect inventory;

• Suspected fraud or unauthorized payment;

• Duplicate or unusually large orders;

• Purchase-limit violations;

• Products that become unavailable;

• Technical errors; or

• Other circumstances that prevent us from fulfilling the order.


If we cancel an order after payment has been collected, the applicable amount will be refunded to the original payment method.


Please review your order carefully before submitting it. We cannot guarantee that an order can be changed or canceled once processing has begun.



SECTION 5 - PURCHASE LIMITS AND PRODUCT AVAILABILITY


Certain high-demand, limited-release, allocated, or collectible products may be subject to purchase limits.


Purchase limits may apply per customer, household, account, payment method, shipping address, or other reasonable criteria.


We reserve the right to cancel quantities exceeding a stated purchase limit or orders that reasonably appear intended to circumvent purchase restrictions.


Products displayed on our website are subject to availability. Adding an item to a shopping cart does not reserve or guarantee inventory.



SECTION 6 - PRICES AND MARKET VALUE


All prices are displayed in U.S. dollars unless otherwise stated.


Prices for trading cards, collectibles, and other products may change based on availability, demand, market conditions, acquisition costs, promotions, and other factors.


The price applicable to an order is generally the price displayed when the order is placed, subject to correction of obvious pricing or listing errors.


Cruz Crate does not guarantee future market value, resale value, investment performance, or appreciation of any trading card, collectible, or other merchandise.


A decrease or increase in market value after purchase does not entitle a customer to a price adjustment, refund, or credit except as otherwise provided in our Refund Policy.


Taxes, shipping charges, and other applicable fees may be added during checkout.



SECTION 7 - PAYMENT AND BILLING


You agree to provide current, complete, and accurate billing and payment information.


By submitting payment information, you represent that you are authorized to use the payment method provided.


You authorize Cruz Crate and our payment-processing providers to charge the applicable purchase price, taxes, shipping costs, and other disclosed charges associated with your order.


Orders suspected of fraud, unauthorized payment activity, or payment abuse may be delayed, canceled, or subject to additional verification.



SECTION 8 - RETURNS AND REFUNDS


Returns, exchanges, cancellations, and refunds are governed by the Cruz Crate Refund Policy posted on our website.


Unless otherwise required by applicable law, opened sealed trading card products, opened randomized products, live-ripped products, and other merchandise designated as final sale may not be returned.


Customers should review our Refund Policy before completing a purchase.



SECTION 9 - SHIPPING AND DELIVERY


We make reasonable efforts to process and ship orders within the timeframes communicated on our website.


Delivery dates and transit times provided by Cruz Crate or shipping carriers are estimates and are not guaranteed unless expressly stated otherwise.


Cruz Crate is not responsible for carrier delays or other delivery delays outside our reasonable control.


Customers are responsible for providing a complete and accurate shipping address.


If an order is returned to us because of an incorrect or incomplete address supplied by the customer, additional shipping charges may apply before the order can be resent.


Claims involving damaged, missing, or incorrect merchandise should be reported to Cruz Crate promptly in accordance with our Refund and Shipping Policies.



SECTION 10 - PRODUCT AUTHENTICITY AND THIRD-PARTY BRANDS


Cruz Crate is an independent retailer/reseller unless expressly stated otherwise.


Products sold by Cruz Crate may feature trademarks, characters, logos, brands, or intellectual property belonging to their respective owners.


References to companies, brands, products, athletes, characters, grading companies, or other third parties are used for product identification and description and do not imply sponsorship, endorsement, affiliation, or partnership with Cruz Crate unless expressly stated.


All third-party trademarks and intellectual property remain the property of their respective owners.



SECTION 11 - INTELLECTUAL PROPERTY


The Cruz Crate name, branding, original logos, website design elements, original photographs, graphics, written content, and other original materials created by or for Cruz Crate are protected by applicable intellectual property laws.


You may not reproduce, distribute, modify, republish, sell, exploit, or commercially use our original content without prior written permission.


Nothing in these Terms grants ownership of Cruz Crate intellectual property or the intellectual property of third parties.



SECTION 12 - THIRD-PARTY SERVICES AND LINKS


Our Services may include links, applications, payment processors, integrations, or other services provided by third parties.


We are not responsible for the availability, accuracy, security, content, policies, or practices of third-party websites or services.


Your use of third-party services may be governed by separate terms and privacy policies provided by those third parties.



SECTION 13 - SHOPIFY


Cruz Crate is powered by Shopify, which provides technology that enables us to operate our online store.


Purchases made from Cruz Crate are transactions between you and Cruz Crate.


Shopify is not the seller of merchandise offered by Cruz Crate and is not responsible for the products purchased from our store.


Your use of certain Shopify-powered functionality may also be subject to Shopify's applicable terms and privacy practices.



SECTION 14 - PRIVACY


Our collection and use of personal information is governed by our Privacy Policy.


Because our store is powered by Shopify and may use other service providers, certain information may also be processed by Shopify, payment processors, shipping providers, analytics providers, and other companies necessary to operate our store and fulfill orders.


Please review our Privacy Policy for additional information.



SECTION 15 - REVIEWS AND CUSTOMER CONTENT


If you submit a product review, photograph, comment, suggestion, or other content to Cruz Crate, you represent that you have the right to submit that content.


You may not submit unlawful, fraudulent, defamatory, abusive, obscene, misleading, infringing, or malicious content.


You grant Cruz Crate permission to display and use content voluntarily submitted to us in connection with operating and promoting our Services, subject to applicable law and our Privacy Policy.


We reserve the right to remove customer-submitted content that violates these Terms or applicable law.



SECTION 16 - ERRORS AND INACCURACIES


Occasionally, our website may contain typographical errors, incorrect prices, inaccurate product descriptions, inventory discrepancies, shipping errors, or other mistakes.


We reserve the right to correct errors and update information.


If a material error affects an order, we may contact you to provide available options or cancel and refund the affected order as appropriate.


We are not obligated to honor an obviously incorrect price caused by a typographical, technical, or listing error where permitted by applicable law.



SECTION 17 - PROHIBITED USES


You may not use our Services:


• For unlawful or fraudulent purposes;

• To violate applicable laws or regulations;

• To infringe intellectual property rights;

• To transmit viruses, malware, or harmful code;

• To interfere with the operation or security of our website;

• To obtain unauthorized access to accounts or systems;

• To submit false or misleading information;

• To impersonate another person;

• To engage in payment fraud or chargeback abuse;

• To circumvent product purchase limits;

• To scrape or harvest customer personal information; or

• To otherwise misuse the Services in a manner that harms Cruz Crate, our customers, or third parties.


We may restrict or terminate access to the Services when we reasonably believe these Terms have been violated.



SECTION 18 - DISCLAIMER OF WARRANTIES


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.


EXCEPT FOR WARRANTIES THAT CANNOT LEGALLY BE EXCLUDED, CRUZ CRATE MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES OR PRODUCTS BEYOND THOSE EXPRESSLY PROVIDED IN A PRODUCT LISTING OR APPLICABLE POLICY.


NOTHING IN THESE TERMS EXCLUDES OR LIMITS RIGHTS OR WARRANTIES THAT CANNOT BE WAIVED UNDER APPLICABLE LAW.



SECTION 19 - LIMITATION OF LIABILITY


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CRUZ CRATE AND ITS OWNERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PURCHASE OF PRODUCTS.


NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LEGALLY BE LIMITED OR EXCLUDED.



SECTION 20 - INDEMNIFICATION


To the extent permitted by applicable law, you agree to indemnify and hold harmless Cruz Crate and its owners, employees, contractors, affiliates, and service providers from third-party claims, damages, liabilities, or reasonable expenses resulting from your unlawful use of the Services, violation of these Terms, or violation of another person's rights.



SECTION 21 - TERMINATION


We may suspend or terminate access to our Services if you violate these Terms, engage in fraudulent activity, abuse our Services, or otherwise create a risk to Cruz Crate, our customers, or third parties.


Any obligations incurred before termination will survive termination where appropriate.



SECTION 22 - SEVERABILITY


If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed as necessary.


The remaining provisions will continue in full force and effect.



SECTION 23 - WAIVER AND ENTIRE AGREEMENT


Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.


These Terms and the policies incorporated into them constitute the agreement governing your use of the Services, subject to applicable law.



SECTION 24 - GOVERNING LAW


These Terms and your use of the Services will be governed by the laws applicable in the jurisdiction in which Cruz Crate is legally established, without limiting any consumer rights that cannot be waived under applicable law.



SECTION 25 - CHANGES TO THESE TERMS


We may update these Terms from time to time to reflect changes to our business, Services, policies, or applicable legal requirements.


The current version will be posted on our website. Changes become effective when posted or on any later date specified in the updated Terms.


Your continued use of the Services after an update constitutes acceptance of the revised Terms to the extent permitted by applicable law.



SECTION 26 - CONTACT INFORMATION


Questions regarding these Terms of Service may be sent to:


Cruz Crate

Email: newageinvllc@gmail.com

Website: www.cruzcrate.com

Phone: (201) 887-5745