TERMS OF SERVICE
OVERVIEW
This website is operated by Istari Collectibles Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Istari Collectibles. The term "you" refers to the user or viewer of this site
Istari Collectibles offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. These Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. ABOUTS US, THIS SITE & THE SERVICE
1.1 This website (www.istaricollectibles.co.uk) is operated by Istari Collectibles Ltd (registration number: 15879695). Our VAT number is GB 479073260. Our trading address is Unit D1, Block 11, Cranborne Road Industrial Estate, Potters Bar, Hertfordshire, EN6 3JN .
1.2 The term "Istari Collectibles" or "Istari" or 'us' or "we" refers to the owner of the site, Istari Collectibles Ltd. The term "you" refers to the user or viewer of this site.
1.3 We are in no way affiliated, sponsored or connected to any official body relating to Pokémon, Magic: The Gathering, Yu-gi-oh, Disney, Star Wars or orgininal equipment manufacturer (OEM).
1.4 We (Istari Collectibles) are a separate businesses, operating solely as an independent "Trading Card Store" (Online) - to which we sell Official TCG Merchandise & Accessories. We only use content which is publicly available online, all logos, names, characters and images are property of their respective owners.
2. TERMS OF USE
2.1 These Terms of Use, including our Returns, Shipping and Privacy Policy (“Terms”) apply to a. your access to and use of www.istaricollectibles.co.uk (“Site”); b. any orders you may place made available through our Site; and c. how we fulfill your order and/or provide other products and services that you request from and/or are made available on the Site (“Services”).
2.2. By agreeing to these Terms of Service, you are (or 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 this site.
2.3 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.4 You must not transmit any worms or viruses or any code of a destructive nature.
2.5 A breach or violation of any of the Terms will result in an immediate termination of your Services.
3. GENERAL CONDITIONS
3.1 We reserve the right to refuse service to anyone for any reason at any time.
3.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
3.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
4. ACCURACY, COMPLETENESS & MODIFICATIONS OF INFORMATION
4.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
4.2 The products offered on the Site, including the product description (meaning the information, images and prices provided in relation to the product) are subject to change without notice.
4.3 We reserve the right at any time to modify the contents of this site, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5. ERRORS, INACCURANCES & OMISSIONS
5.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
5.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
6. PRODUCTS & SERVICES
6.1 Details and descriptions of the products available for purchase are outlined on the Site.
6.2 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will exactly match the product’s colour.
6.3 We reserve the right, at our sole discretion, to limit the sales of our products or services to any person, account, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We will clearly signify on the product page if there are any limitations in place. In the event that your order exceeds any limitations set, we reserve the right to: (a) not accept your order; or (b) arrange for the return of any products that are accidentally shipped to you despite exceeding order limitations to us and issue a refund to you.
7. ORDERS & BILLING INFORMATION
7.1 During the checkout process, you will have the opportunity to review your order, including your selected products, chosen delivery service and cost, delivery address and payment method.
7.2 The Site will provide you with different payment options, which may be updated from time to time. Payment options will be detailed on the product page.
7.3 After you have placed your order on the Site, we will review your order and send a confirmation email to you if your order is accepted, at which point a legal contract will come into existence between you and us. This confirmation email will contain an order number, which you should reference if you contact us about your order.
7.4 We will take payment using your chosen payment method post checkout completion. Your order may be cancelled if your payment method is not valid. It is your responsibility to ensure you have sufficient funds available in your account for the payment to be taken.
7.5 We may also require verification of information prior to the acceptance and/or shipment of any order. We will contact you if additional information is required to accept your order. If you provide us with any incorrect information during the order process, we cannot be responsible for any delay or failure to accept and/or ship your order to you.
7.6 We will contact you if any part or the whole of your order cannot be fulfilled or is cancelled. We will not charge you for the part of the order that we cannot fulfill.
7.7 We do not currently provide a pre-order service. At the point pre-order functionality is introduced, the Site and respective policies will be updated to reflect changes.
8. SHIPPING INFORMATION
5.1 We currently only ship to registered postcodes in the UK and Northern Ireland.
5.2 During the order process, we will display an estimated shipping timeframe from the date that you place your order. Shipping dates are estimates only and cannot be guaranteed. Whilst we are dedicated to meet indicative delivery timeframes and resolve any problems related to your delivery, we are not responsible for any delays outside of our control.
5.3 In the event there is a significant delay to your order, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. If you wish to cancel it, please contact us as soon as possible as we may be able to cancel your order.
5.4 You can view our available delivery options and further shipping information in our Shipping Policy.
Cancellations, Returns & Refunds
7.1 We allow cancellations for any reason prior to dispatch upon notification we have received the request to cancel. Or if we have made a mistake with the product pricing / information. More information on our cancellation policy can be found under cancellations., returns & refunds.
7.2 If you no longer require the products you have ordered and they have been dispatched, you will need to go through our returns process.
7.3 Our returns policy is generous and we only want to ensure we receive the product back as we sent it to you within 30 days. More information on our returns policy can be found under cancellations., returns & refunds.
7.4 Once you have successfully cancelled or returned an item, we will arrange for payment back to you within 2 weeks of receiving the product.
7.5 We can only process funds back to the original payment method for security reasons. More information on our refund policy can be found under cancellations., returns & refunds.
8. YOUR ACCOUNT
8.1 If you choose to register for an account on the Site, you guarantee that you will provide accurate information about yourself and are responsbile for keeping such data up-to-date at all times.
8.2 You are responsible for keeping your account information and password secret and secure. You understand that you are fully responsible for all activity (including but not limited to any orders made) that occurs on your account. You will immediately notify us if you think your account information and/or password has been compromised, and/or if there has been any suspicious activity on your account using the Contact Us page. If you have forgotten your password, please use the password reset feature.
8.3 We have the right to suspend or terminate your account and prohibit you from using the site and/or the services in whole or part, for now, or in the future, if you provide any information that is inaccurate or if we reasonably suspect that your account has been compromised or you have not complied with these Terms.
9. YOUR PERSONAL INFORMATION
9.1 For information about how we collect, use, store, share and otherwise process information about you, including in relation to marketing, please see our Privacy Policy.
10. THIRD PARTY LINKS
10.1 Certain content, products and Services available via our Service may include materials from third-parties.
10.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us.
10.3 We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
10.4 We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with 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.
10.5 Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11. PROHIBITED USES
11.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
11.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
12.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
12.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
12.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
12.4 You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
12.5 In no case shall Istari Collectibles, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors 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 any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
13. INDEMNIFICATION & RELEASE
13.1 You agree to indemnify, defend and hold harmless Istari Collectibles and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
13.2 You release the Istari Collectibles and their successors from any and all claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that may be either directly or indirectly related to or arise from your use of the Platform and/or Services, including, but not limited to, any interactions with third parties of any kind arising in connection with or as a result of these Terms or your use of the Platform and/or Services.
14. SEVERABILITY
14.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
15. TERMINATION
15.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
15.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
15.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
16. ENTIRE AGREEMENT
16.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
16.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
16.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
17. GOVERNING LAW
17.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
18. CONTACT INFORMATION
18.1 Questions about the Terms of Service should be sent to us at info@istaricollectibles.co.uk or via our contact us page.
18.2 Our contact information is provided below:
Istari Collectibles Ltd
Unit D1, Block 11
Cranborne Road Industrial Estate
Potters Bar
Hertfordshire
EN6 3JN
Company Number: 15879695
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