Terms and Conditions (“Terms”)
Last Modified: today’s date
Welcome to the Caswell Collectibles website (the “Site”). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the “Terms”). Access to and use of the Site is conditioned upon acceptance of and compliance with these Terms. By accessing the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, then you do not have permission to access the Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract or have the consent of a parent or guardian who is of legal age.
When you create an account on our Site, you represent and warrant that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. We reserve the right to refuse service or terminate accounts in our sole discretion.
By creating an Account on our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer or account. You may not share your account, username, or password with any other party or use the account, username, or password of any other party. You will be solely responsible for all activities undertaken and all obligations made by you or through your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
To the extent that the Site allows you to link your account to any social networking or other online accounts, you may only link your own accounts. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent, and permit us to access, use and, in some cases, store your account information.
By placing an order with us for any product or service made available through the Site, you represent and warrant that (i) you have the legal right to use the payment method provided, (ii) you are of legal age and capacity to form a binding contract, and (iii) all information you provide to us in connection with such order is true, accurate, and complete.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per IP address, per billing information, per postal address, per credit card or per order. If we make a change to or cancel an order, we will attempt to notify you. We further reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All features, specifications, products, prices, discounts, promotions, and offers described on our Site are subject to change at any time, without notice. We have made every effort to accurately display our products, but images on the Site may not exactly match the actual product. All prices displayed on the Site are in U.S. dollars unless otherwise noted. We will add applicable sales taxes and shipping fees as necessary. The risk of loss and title for products purchased pass to you upon our delivery of the products to the carrier.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
RIGHT TO CHANGE THE SITE
We reserve the right to modify or suspend the Site, or any service, content, feature or product offered through the Site, or terminate your right to access or use any portion of the Site, with or without notice, at any time in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension, or restriction of the Site or any portion thereof.
ACCESS TO AND USE OF THE SITE
You agree to access or use the Site solely for legal purposes as allowed by these Terms. Amongst other things, you agree not to:
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, and video clips, and the copyrights, trademarks, trade dress, or other intellectual property in such materials (“Caswell Collectibles Content”), are owned, controlled or licensed by Caswell Inc. DBA Caswell Collectibles. The Caswell Collectibles brand name and CS logo are registered trademarks of Caswell Inc. DBA Caswell Collectibles. The Site and the Caswell Collectibles Content are intended solely for personal, non-commercial use. You may download or copy the Caswell Collectibles Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Caswell Collectibles Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Caswell Collectibles Content or the Site.
Any third-party content, products, or services posted on, transmitted through, or linked from the Site are the sole responsibility of the third-party originator. If you choose to access any third-party content, you do so at your own risk. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES.
CONTENT YOU PROVIDE
Our Site allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post on or through the Site, including its legality, reliability, and appropriateness. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Site.
The Site is publicly viewable and you should have no expectation of privacy or confidentiality in any User Content you post. You agree that any User Content you post will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right and will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties regarding the source of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
By submitting User Content to the Site, you grant, and you represent and warrant that you have the right to grant and hereby do grant Caswell Inc. DBA Caswell Collectibles, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Content, for any purpose without restriction and without providing any attribution or compensation to you. If you do not want us to use your User Content, please do not post it to the Site. We maintain the right, but not the obligation, to monitor and edit all User Content posted on the Site.
DISCLAIMER OF WARRANTIES AND LIMITATION ON DAMAGES
THE SITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, DISCLAIMING ALL WARRANTIES, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE.
Caswell Inc. DBA Caswell Collectibles its subsidiaries, affiliates, and its licensors do not warrant that: a) the Site will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.
In no event shall Caswell Inc. DBA Caswell Collectibles, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use ,or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You shall defend, indemnify, and hold harmless, Caswell Inc. DBA Caswell Collectibles, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, agents, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to (i) your use or misuse of the Site; (ii) violation of these Terms; (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; or (iv) any User Content you submitted. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
We respect intellectual property rights and will remove or disable access to any material on the Site that infringes any copyright after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content on the Site violates your copyright, please provide our copyright agent with the written information specified below:
Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Shannon and Todd
226 W. Columbia River Highway
Troutdale, OR 97060
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
GENERAL LEGAL PROVISIONS
These Terms are governed by the laws of the State of Oregon, U.S.A., without regard to conflicts of laws principles, as if this were a contract wholly entered into and wholly performed within the State of Oregon. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Multnomah, Oregon, U.S.A., for all disputes arising out of or relating to accessing or using the Site. Access to or use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. All rights not expressly granted herein are hereby reserved.
Non-Refundable Deposit & Cancellation Fee Terms
Non-Refundable Deposit (NRD)
Many of our items require a non-refundable deposit (NRD) to be able to reserve your order for an item, usually while it is in the process of production.
Payment Plan Cancellation Fee
Caswell Collectibles will need to charge a fee when a payment plan order is cancelled.
Customs / Duty Abandonment Fee
International collectors are responsible to pay duties on their shipments in a separate payment directly to the carrier, either prior to final delivery or through an invoice received after delivery. If the collector decides not to accept the shipment and abandon it with customs officials or refuse to pay of their duties / fees when invoiced, then this may result in charges assessed to Caswell Collectibles. We reserve the right to deduct any of these fees, incurred by duty or product abandonment, from any refund due to the collector.
Credit card companies submitting a dispute, or charge back, to Caswell Collectibles for any NRDs, cancellation fees, or back charged customs duties will be given a copy of the terms and conditions of those specific agreements, as well as documentation of our checkout process illustrating your acceptance of the terms, via the client required action of selecting a check box. The information that will be provided illustrates a contract that you created with Caswell Collectibles upon checkout and generally results in a dismissal of the dispute. Please keep in mind that any accounts with pending charge backs will be temporarily disabled, to avoid further billing and shipping issues, while all concerns are resolved. Multiple chargebacks may result in account closure.
EXCHANGE: Contact us ASAP, and we will check if a replacement is available for you. If switching it isn’t possible, we can offer you a credit or a refund.
RETURN: Once the collectible is safely back in our Oregon warehouse, a refund of the product price will be processed quickly and posted to your bank within a few days.
REFUND: Collectibles that arrive with damage or manufacturing defects can be returned for a full refund, which includes all shipping costs.
Once we receive your information, we’ll contact you with the next steps as soon as we can - usually within 5 to 7 business days. All the above options will need to abide by the terms of our 30-day return policy.
30-Day Return Policy
Caswell Collectibles wants to make sure our collectors are happy with their purchase. Thus, our direct customers are covered by a 30-Day Exchange/Return window from the date of delivery. *If you purchased from another vendor, see below.
Due to the limited nature of our items and its replacement stock, we encourage everyone to inspect their items upon delivery, so that you can take advantage of available stock.
Damaged or defective items
Sideshow’s items are hand crafted and painted, which can create small differences between each piece making them truly unique. While these variations are not considered flaws, items that arrive with production defects or those that have been damaged during packing and transit can be exchanged, based on stock availability, or returned for a refund.
In these cases, we will assist our collectors in returning the item at our expense. For our U.S. collectors, we will provide a pre-paid label, when applicable. For our international collectors, we will have other return options available based on your location.
Just changed your mind?
You can return your item for a refund of the item price, less any non-refundable deposits made and original shipping fees. You will need to cover shipping back to us. For US collectors, we may be able to provide a shipping label for your convenience. Any label costs will be deducted from your refund. For international collectors, our Returns team will advise you how to return your item based on location.
Once your item is received, we will provide you with more information about the turnaround time of your refund.
*Did you buy your item from another vendor?
Please contact that vendor for assistance. If needed, your vendor will contact us for further assistance with your concern.
Things you should know…
The collectible must be returned in the same condition it was sent to you. Send back all figures, accessories, bases, original packaging, and outer shipping cartons. Incomplete product will delay exchanges or refunds.
Items that arrive with excessive damage due to improper repacking may be subject to 'damage fee', which is 10% of the product price. Email us if you need any tips on packing / shipping.
We cannot guarantee your exchange will have the same 'edition number.'
What isn’t covered