BadAss Collectibles is pleased to offer you access to this web site and the services and products offered on this web site upon the following Terms and Conditions.By using BadAss Collectibles, you agree to be bound by these Terms and Conditions.
BadAss Collectibles may, in its sole discretion, modify these Terms and Conditions without notice to you. Therefore, please continue to review these Terms and Conditions when using BadAss Collectibles. By continuing to access and use this web site after the Terms and Conditions have been modified, you are agreeing to such modifications.
1. Registration and Account Creation: Registration on BadAss Collectibles is required to make an online purchase, although users can register at any time. As part of the registration processes and as part of the account creation process, you will select a password and provide BadAss Collectibles with certain registration information. You are solely responsible for maintaining the confidentiality of your password(s) and for all usage or activity on your account, including the use of your account by any person using your password(s).
2. Billing: You may pay for your products purchased on BadAss Collectibles in one of two ways. If you elect to submit an order electronically, you must provide valid credit card information on BadAss Collectibles order form. By submitting such credit card information, you give BadAss Collectibles permission to charge all purchases made through your account to the credit card you designate on the order form. As an alternative to submitting your credit card information online, BadAss Collectibles provides you with the option of paying through your PayPal account.
3. Product Sales Terms and Conditions:
a. Shipping and Handling; Taxes: A shipping and handling charge is applied to each product purchased. You agree to pay for any shipping and handling charges, as well as any and all applicable local and/or state taxes which are required to be collected by law in connection with the purchase of any Products by you or a third party using your account. In addition, users who require that orders be shipped to international addresses will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar fees imposed on such orders.
b. Return Policy: All sales are final. Any products purchased from BadAss Collectibles, which are defective, may be returned within Forty Eight (48) Hours of receipt for replacement. All returns require a Return Authorization Number. Unauthorized returns will not be accepted. If you request a replacement product because the product was damaged when you received it, BadAss Collectibles will pay for all shipping charges in connection therewith. However, BadAss Collectibles will not be liable for shipping charges if a replacement is requested for a product returned for any other reason. If we cannot replace your product for any reason, we will refund the purchase price paid for that product. If you require a Return Authorization number, you can e-mail the request to BadAss Collectibles or use our Contact Us Form.
c. Returned Packages: If the shipping carrier is unable to deliver your package, or the package is refused and returned to us, we will contact you. If the package is refused or returned due to an error in the provided shipping address (or outdated address), the customer will be responsible for all return shipping costs.
d. Product Packaging: Packaging is not guaranteed to be mint; however we will always strive to package your order as carefully and accurately as possible. Manufacturers and distributors often ship items that arrive with a squished corner or dent to the box/packaging. The item you are purchasing will be un-damaged; however the condition of the box it is in may not be perfect. If you have concerns prior to purchasing please email us at BadAss Collectibles or use our Contact Us Form.
4. Order Cancellation: You may cancel at any time up until an item ships. E-mail us at BadAss Collectibles or use the Contact Us Form to make these changes. Please include your Invoice Number and the item(s) you wish to cancel in your e-mail. A 20% restocking/cancellation fee will be charged on all cancellations
5. Preorders: BadAss Collectibles requires a 20% Non-Refundable, Non-Transferable Deposit on all preorders. Preorders will show up in our regular inventory screen and the item will include the word Pre-Order in the description. The description of the item will show the item's total selling price. The pre-order price will be listed next to the shopping cart which will be 20% of that's item's total price. Shipping will not be calculated at this time, as the products shipping box weight and dimensions cannot be confirmed until the product has arrived at our facility. BadAss Collectibles will contact you once the item comes in stock and you will be responsible for paying the 90% balance of that preordered item. Note: Manufacturers/Distributors supply us with estimated shipping dates on all preordered products. In certain cases, the shipping dates may not be accurate. The product may come out sooner or later than the estimated shipping date. BadAss Collectibles is not responsible if a manufacturer/distributor should change the shipping date of any preordered item. In some cases, a manufacturer/distributor will cancel an item which BadAss Collectibles has available for preorder. If this is the case, BadAss Collectibles will refund you the 20% amount of that preorder. If an item is allocated and BadAss Collectibles does not receive the amount ordered for that preorder, we will refund you the 20% amount of that preorder. When a preorder comes in stock, we will notify you regarding the item(s) arrival and your balance due including applicable shipping charges. We will send out a total of three (3) separate email notifications. If we do not hear back from you after the three (3) email notifications sent or within a fourteen (14) day time frame (whichever comes first) of that item(s) arrival in stock, we will cancel the pre-order and you will forfeit your deposit(s). All in stock pre-orders are expected to be paid within two (2) weeks time of that item(s) arrival. No exceptions. If you have any questions regarding this policy, contact us at BadAss Collectibles or use the Contact Us Form.
6. Disclaimer of Warranties; Limitation of Liability: The site is provided by BadAss Collectibles on an "as is" basis. BadAss Collectibles makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials or products included or offered on the site. To the full extent permissible by applicable law, BadAss Collectibles disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall BadAss Collectibles be liable for indirect, incidental, consequential, special or exemplary damages (even if such damages are foreseeable or BadAss Collectibles has been advised or has constructive knowledge of the possibility of such damages). In no event shall BadAss Collectibles be liable for damages in excess of the greater of the amount paid by you in the twelve (12) month period preceding your claim or $250.
7. Linking: For your convenience, BadAss Collectibles hyperlinks to other web sites. These other web sites are not under the control of BadAss Collectibles, and BadAss Collectibles is not liable or responsible for any content or other information found or used at such web sites.
8. Restrictions on Use: You may not use BadAss Collectibles or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. BadAss Collectibles reserves the right to refuse or discontinue service to any user for noncompliance with these Terms and Conditions.
9. Access outside the United States: BadAss Collectibles does not represent the materials and content on or offered through the Site are appropriate or available for use in countries outside the United States. If you choose to use BadAss Collectibles from outside the United States, you are solely responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the Site.
10. Severability: If any provision of these Terms and Conditions is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in force.
11. Entire Agreement: These Terms and Conditions and any other terms and conditions of service on BadAss Collectibles constitute the entire agreement between you and BadAss Collectibles and govern your use of the Site.
12. Choice of Law and Forum: These Terms and Conditions will be governed by the laws of the State of Pennsylvania. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Pennsylvania and you agree to personal jurisdiction by the state and federal courts sitting in Pennsylvania. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions.
13. Our Service: Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.14. Your Responsibilities and Registration Obligations: In order to use this web site, you must or may be asked to register on our site and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.
15. Privacy Policy: Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy. Registration and Password. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
16. Your Conduct: You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
17. Third Party Services: Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
18. Indemnification: You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your violation of this Terms of Use or any other violation of the rights of another person or party.
19. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
20. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
21. Reservation of Rights. We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
22. Notification of Copyright Infringement. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:
Click to contact our webmaster
23. Applicable Law. You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.
24. Miscellaneous Information. (i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that partys right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.
25. Consent. By continuing to browse or otherwise accessing the web site, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this Web Site now.
