THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM X-DECKS, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS OF SALE.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM X-DECKS IF YOU (A) DO NOT AGREE TO THESE TERMS, OR (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH X-DECKS, LLC.
These Terms and Conditions of Sale (these “Terms
”) apply to the purchase and sale of products through the X-Decks website, www.X-DecksPlayingCards.com
”). These Terms are the only terms which govern the sale of products by X-Decks, LLC d/b/a X-Decks (referred to herein as “X-Decks”, “us
”, or “our
” as the context may require) to you. Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of products covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between X-Decks and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting us by phone, email, or through the Site.
- Prices and Payment Terms.
- All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us 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 all applicable taxes, if any.
- Shipments; Delivery; Title and Risk of Loss.
- The goods will be delivered within a reasonable time after the receipt of your, subject to availability of finished products. We will arrange for shipment of the products to you. Please check the Site for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
- Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays, loss or damage in transit.
- If for any reason you fail to accept delivery of any of the products, or if we are unable to deliver the products at your location because you have not provided appropriate instructions, documents, licenses or authorizations: (i) the products shall be deemed to have been delivered, and (ii) we, at our option, may store the products until you pick them up, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance). Delivery will be deemed to have occurred at the date specified in the delivery documentation. We will not be liable for any non-delivery of products (even if caused by our negligence) unless you give written notice to us of the non-delivery within 15 days of the date when the products would in the ordinary course of events have been received. Any liability of us for non-delivery of the products shall be limited to, in our sole discretion, replacing the products within a reasonable time or adjusting the invoice respecting such products to reflect the actual quantity delivered.
- Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a store credit of your purchase price, less the original shipping and handling costs, provided such return is made within 15 days of delivery and provided such products are returned in sealed and new condition.
- X-decks is not responsible for damages incurred by any delivery service and reminds its customers that first class postage via USPS has no insurance coverage while USPS priority mail does automatically cover $50 that a buyer can file for at https://www.usps.com/help/claims.htm#
- We will notify you via email when we receive your returned item. We will also notify you of the approval or rejection of your returned item(s) if not in original condition.
- To return products, you must send the products to X-Decks Playing Cards, ATTN: Returns, 13309 Conway Road, St. Louis, MO 63141 and follow any return instructions delivered with the products, as applicable. For questions about returns, contact us by email, or through the Site.
- The buyer is responsible for all shipping and handling charges on returned items. The buyer bears the risk of loss during shipment.
- Returns will be subject to a restocking fee in an amount equal to 10% of the purchase price.
- We will promptly process your refund following our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
- Goods Not for Resale. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.
- Compliance with Law. You shall comply with all applicable laws, regulations and ordinances, including any applicable export and import laws. You shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under these Terms and any purchase from us.
- Intellectual Property Use and Ownership. You acknowledge and agree that X-Decks and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law, Jurisdiction and Venue. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Missouri. Any legal suit, action or proceeding arising out of or based upon these Terms must be brought exclusively in the U.S. District Court for the Eastern District of Missouri or state court located in Jefferson County, Missouri. You must institute any controversies, actions, or claims arising out of or relating to these Terms within three (3) years after occurrence giving rise to the controversy or claim.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of X-decks.
- No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Notices. All notices, request, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the mailing or email addresses set forth on the order confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), email, or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in these Terms, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- No Purchase Necessary. For a free method of entry during the raffle period, mail a 3” x 5” postcard or piece of paper with your full name, home mailing address including zip code, email address, day/evening phone numbers, and date of birth in an envelope with proper postage to X-Decks, LLC, 3010 High Ridge Blvd, High Ridge, Missouri 63049. All requests must be postmarked by stated end date of raffle and received by three days after end of raffle, but before the winner has been announced. Upon receipt by X-Decks, one (1) entry into the raffle will be provided to entrant. Limit: One (1) request per envelope. All requests must be hand printed. Proof of sending will not be deemed to be proof of receipt by X-Decks. X-Decks is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due requests, which will not be honored.
- Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a store credit of your purchase price, less the original shipping and handling costs, provided such return is made within 15 days of delivery and provided such products are returned in sealed in new condition.