Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to KDubTCG! The terms "we", "us" and "our" refer to KDUBTCG LLC, doing business as KDubTCG. KDubTCG operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). KDubTCG is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. KDubTCG reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until KDubTCG confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it. Except where otherwise required by law, sales are final once accepted. KDubTCG may, in its sole discretion, permit the cancellation of an order before it has been fulfilled, shipped, opened, or otherwise processed, but submission of a cancellation request does not guarantee that the request will be approved.
Your purchases are also subject to our Return and Refund Policy.
SECTION 3A - RIP LIVE AND SHIP SEALED ORDERS
Certain trading card products offered by KDubTCG may allow customers to select between "Rip Live" and "Ship Sealed" or substantially similar options.
RIP LIVE
By selecting Rip Live and completing your purchase, you expressly authorize KDubTCG to open the purchased sealed trading card product on your behalf. The product may be opened during a live broadcast or other live selling session, and the contents of the opened product will subsequently be shipped to you.
Once KDubTCG begins opening a Rip Live product, that product cannot be returned, exchanged, cancelled, or refunded based on its contents, except where otherwise required by law or expressly provided in our Return and Refund Policy.
Customers do not need to be present in the live broadcast when their Rip Live order is processed. If you are not present when your order is reached, KDubTCG may proceed with opening the product on your behalf in accordance with your Rip Live selection.
KDubTCG may, at its sole discretion, approve a cancellation request before a Rip Live product has been opened or otherwise processed. Because Rip Live orders may be processed shortly after purchase, we cannot guarantee that a cancellation request will be received or approved before opening begins.
SHIP SEALED
If you select Ship Sealed, KDubTCG will not intentionally open the product as part of the Rip Live service and will instead fulfill the product in its sealed form.
Unless otherwise stated in our Return and Refund Policy or required by applicable law, Ship Sealed trading card product sales are final. KDubTCG may, at its sole discretion, approve a cancellation before the order has been fulfilled or shipped.
RANDOMIZED CONTENTS
Trading card products may contain randomized contents. KDubTCG does not guarantee any particular card, rarity, pull, hit, market value, resale value, grading result, or financial return from a product.
The absence of a desired card or hit, dissatisfaction with the contents of a product, or changes in the actual or perceived market value of cards or sealed products are not grounds for a return, exchange, cancellation, or refund.
CARD CONDITION
Cards contained within factory-sealed products may have manufacturer-related variations or imperfections. These may include, without limitation, differences or defects involving centering, printing, surfaces, edges, corners, coloration, factory damage, or other characteristics.
Unless expressly stated otherwise, KDubTCG does not guarantee that any card obtained from a sealed product will meet any particular condition standard or receive any particular grade from a third-party grading company.
FULFILLMENT ERRORS
Nothing in this section eliminates any rights you may have under applicable law or prevents you from contacting us regarding an incorrect item, missing item, or other fulfillment error attributable to KDubTCG.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by KDubTCG, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of KDubTCG, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by KDubTCG.
KDubTCG's names, logos, product and service names, designs, and slogans are trademarks of KDubTCG or its affiliates or licensors. You must not use such trademarks without the prior written permission of KDubTCG. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
KDubTCG is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with KDubTCG.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and KDubTCG, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with KDubTCG.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside in order to provide services to you. Review our Privacy Policy for more details regarding the use of your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
You represent and warrant that you own or have all necessary rights to your Feedback, have disclosed any compensation or incentives received in connection with it, and that your Feedback complies with these Terms.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or violates any party's intellectual property or these Terms.
You are solely responsible for the Feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly, for any unlawful or malicious purpose; to violate applicable laws or regulations; to infringe intellectual property rights; to harass, abuse, defame, intimidate, or harm another person; to transmit false or misleading information; to distribute spam or malicious software; to impersonate another person or entity; or to engage in conduct that restricts or inhibits another person's use of the Services or may expose KDubTCG, Shopify, or users of the Services to liability.
You also agree not to upload or transmit viruses or malicious code; reproduce, duplicate, copy, extract, sell, resell or exploit any unauthorized portion of the Services; collect or track the personal information of others; spam, phish, pharm or pretext the Services; circumvent security measures; or otherwise interfere with the operation or security of the Services.
We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device without direct supervision.
14.2 No Agent may access, use, or interact with Services unless it identifies itself and operates in accordance with the requirements of these Terms. No Agent may access, use, or interact with Services if we have requested that the Agent refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must identify themselves as automated agents, must not conceal or obfuscate their automated nature, must respond truthfully to requests seeking to determine whether interactions originate from a human or computer, and must not circumvent measures intended to block, limit, modify, or control automated access to the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
Provisions that by their nature should survive termination will continue to apply following termination, including provisions relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.
EXCEPT AS EXPRESSLY STATED BY KDubTCG AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL KDubTCG, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
THE FOREGOING LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless KDubTCG, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of your breach of these Terms, your violation of law or the rights of a third party, or your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination will not affect the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us concerning your use of the Services, superseding prior or contemporaneous agreements, communications and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable federal law and the laws of the State of Washington, without regard to conflict-of-law principles.
To the extent permitted by applicable law, you and KDubTCG consent to venue and personal jurisdiction in the applicable state and federal courts serving the jurisdiction in which KDubTCG is headquartered.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. We will provide notice of material changes when required by applicable law. Your continued use of or access to the Services following the effective date of changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service or an order should be sent to:
KDUBTCG LLC
Doing business as KDubTCG
3503 133rd St SW
Lynnwood, WA 98087
United States
Email: kdubtcg@gmail.com
Washington UBI: 606173149