Terms and Conditions

Please read carefully. This document contains important information about your rights and obligations, as well as limitations and exclusions which might apply concerning your purchase.

This Agreement contains the terms and conditions that apply to your purchase from the COLLECTABLEDIECAST.com entity named on the invoice ("COLLECTABLEDIECAST.com") that will be provided to you ("Customer") on orders for products sold in the United States. All instances of Collectable Diecast and COLLECTABLEDIECAST.com include and the agreements herein impute to Collectible Brands, Inc and its owned brands. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless the customer has signed a separate formal purchase agreement with fairfieldcollectibles.com, in which case the separate agreement shall govern; or (ii) unless other COLLECTABLEDIECAST.com standard terms apply to the transaction. These terms and conditions are subject to change without prior written notice at any time, in COLLECTABLEDIECAST.com's sole discretion.

1. Other Documents. These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and COLLECTABLEDIECAST.com

2. Governing Law. This agreement and any sales thereunder shall be governed by the laws of the state of Georgia, without regard to conflicts of laws rules.

3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within COLLECTABLEDIECAST.com's sole discretion, and unless otherwise agreed to by COLLECTABLEDIECAST.com, payment must be received by COLLECTABLEDIECAST.com prior to COLLECTABLEDIECAST.com's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by COLLECTABLEDIECAST.com. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. COLLECTABLEDIECAST.com may invoice parts of an order separately. Orders are not binding upon COLLECTABLEDIECAST.com until accepted by COLLECTABLEDIECAST.com. Any quotations given by COLLECTABLEDIECAST.com will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. COLLECTABLEDIECAST.com reserves the right to limit the order quantity on any product and/or to refuse to ship product to any customer for any reason, or for no reason whatsoever, with or without prior notice.

4. Shipping Charges & Taxes. Separate charges for shipping and handling will be shown on COLLECTABLEDIECAST.com's invoice(s). Unless Customer provides COLLECTABLEDIECAST.com with a valid and correct tax exemption certificate applicable to the product ship-to location prior to COLLECTABLEDIECAST.com's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for COLLECTABLEDIECAST.com's franchise taxes and taxes on COLLECTABLEDIECAST.com's net income. If applicable, a separate charge for taxes will be shown on COLLECTABLEDIECAST.com's invoice.

5. Title & Risk of Loss. Title to products passes from COLLECTABLEDIECAST.com to Customer on shipment from COLLECTABLEDIECAST.com's facility. Loss or damage that occurs during shipping by a carrier selected by COLLECTABLEDIECAST.com is COLLECTABLEDIECAST.com's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).

6. Warranties, Disclaimers. CollectableDiecast.com disclaims all warranties, express or implied, including without limitation implied warranties of mechandiseability and suitability for any particular purpose. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.

7. Return Policies. COLLECTABLEDIECAST.com products that are purchased directly from COLLECTABLEDIECAST.com by an end-user Customer may be returned by Customer in accordance with COLLECTABLEDIECAST.com's "policy" in effect on the date of the invoice.

8. Products. COLLECTABLEDIECAST.com's policy is one of on-going product update and revision. COLLECTABLEDIECAST.com may revise and discontinue products at any time and are not responsible for typographical errors or misprints. COLLECTABLEDIECAST.com reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.

9. Price Definitions and Promotions. "Retail price" is defined as the manufacturer's suggested retail price. "Value” or “Collectable Diecast price" refers to the product's non-promotional price on COLLECTABLEDIECAST.com. "Sale price" is a limited time promotional price for the product. COLLECTABLEDIECAST.com conducts periodic promotions related to shipping, products, and promotional codes. All offers are for a limited time only, and while supplies last. Offers cannot be applied to previous orders. Rain checks are not allowed. Acceptance of promotional codes is at the sole discretion of COLLECTABLEDIECAST.com. Promotional codes offering percentile discounts shall only apply to the first $1,000 value of the order. COLLECTABLEDIECAST.com reserves the right to cancel an order if it believes that a fraudulent or abusive order has been placed.

10. Limitation of Liability. CollectableDiecast.com. Does not accept liability beyond the remedies set forth herein, including any liability for products for any reason. CollectableDiecast.com. Will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein.

11. Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against COLLECTABLEDIECAST.com, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "COLLECTABLEDIECAST.com") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), COLLECTABLEDIECAST.com's advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect. The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and COLLECTABLEDIECAST.com. The arbitration shall be held in at the office of COLLECTABLEDIECAST.com, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Applicable Law. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States.

12. Acceptance. By ordering any product from COLLECTABLEDIECAST.com, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the ”Acceptance of Contract Terms" contained elsewhere in the COLLECTABLEDIECAST.com site.

Your use of COLLECTABLEDIECAST.com is governed by these terms of use. By any means, including but not limited to web browser and mobile devices accessing and using COLLECTABLEDIECAST.com, you agree that your access to and use of COLLECTABLEDIECAST.com is subject to these terms and conditions.

These Terms and Conditions May Change
Collectable Diecast shall have right at any time and without prior notice, at its sole discretion, to revise these terms or to impose new terms and conditions with respect to access to or use of COLLECTABLEDIECAST.com. Such revisions and additions shall be effective immediately upon notice, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on COLLECTABLEDIECAST.com. You are responsible for reviewing COLLECTABLEDIECAST.com periodically for any modification to these Terms of Use.

Any access or use of COLLECTABLEDIECAST.com site by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions.

Prices and Orders: COLLECTABLEDIECAST.com will add shipping and handling fees and applicable sales/use tax. COLLECTABLEDIECAST.com reserves the right without prior notice to discontinue or change specifications and prices on products offered on COLLECTABLEDIECAST.com. Products displayed on COLLECTABLEDIECAST.com are available while supplies last. Descriptions of, or references to, products on COLLECTABLEDIECAST.com do not imply endorsement of that product or constitute a warranty, by COLLECTABLEDIECAST.com. COLLECTABLEDIECAST.com reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from COLLECTABLEDIECAST.com. COLLECTABLEDIECAST.com reserves the right to limit the order quantity on any item. In the event that a product is listed at an incorrect price due to supplier pricing information or typographical error, Collectable Diecast shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed.

Content: The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on COLLECTABLEDIECAST.com, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content". The Content may contain errors, omissions, or typographical errors or may be out of date. Collectable Diecast may change, delete, or update any Content at any time and without prior notice. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Collectable Diecast or by third parties that have licensed their use to COLLECTABLEDIECAST. You may view and use the Content only for your personal information and for shopping and ordering on COLLECTABLEDIECAST.com. Except as set forth above, Collectable Diecast does not grant to you any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process any of the Content.

Termination: Collectable Diecast shall have the right without notice and at any time to terminate COLLECTABLEDIECAST.com or any portion thereof, or any products offered through COLLECTABLEDIECAST.com, or to terminate any individual's right to access or use COLLECTABLEDIECAST.com.

Submissions: Except as otherwise expressly provided in the COLLECTABLEDIECAST's PRIVACY POLICY posted on COLLECTABLEDIECAST.com, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to COLLECTABLEDIECAST.com shall be and remain the exclusive property of COLLECTABLEDIECAST. Your submission of any such Comments shall constitute an assignment to Collectable Diecast of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Collectable Diecast will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. Do not send COLLECTABLEDIECAST.com any Comments that you do not wish to assign to COLLECTABLEDIECAST.com.

Correction of Errors and Inaccuracies: The information on COLLECTABLEDIECAST.com may contain typographical errors or inaccuracies and may not be complete or current. Collectable Diecast reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.

Your Account: You are responsible for maintaining the confidentiality of your Collectable Diecast account and password information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use COLLECTABLEDIECAST.com only with involvement of a parent or guardian.

Disclaimer and Limitation as to Use of COLLECTABLEDIECAST.com: COLLECTABLEDIECAST.COM IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED BY LAW, COLLECTABLEDIECAST.COM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND MERCHANTABILITY FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, COLLECTABLEDIECAST.COM DOES NOT REPRESENT OR WARRANT THAT COLLECTABLEDIECAST.COM WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. UNDER NO CIRCUMSTANCES, SHALL COLLECTABLEDIECAST.COM OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE COLLECTABLEDIECAST.COM, INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR ANY OTHER TYPE OF DAMAGES. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

ALL PRODUCTS SOLD BY COLLECTABLEDIECAST.COM ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, Collectable Diecast MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, Collectable Diecast EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON COLLECTABLEDIECAST.COM, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL COLLECTABLEDIECAST, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY FROM ANY PRODUCT SOLD ON COLLECTABLEDIECAST.COM. IN NO EVENT SHALL COLLECTABLEDIECAST'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Miscellaneous: These Terms of Use, along with the following and separately listed Terms and Conditions of Sale, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of Georgia, without regard to its conflicts or choice of laws principles. You agree that, in any legal action arising from or related to your use of or orders placed on COLLECTABLEDIECAST.com or to these Terms of Use, the District Court for Georgia shall have sole and exclusive jurisdiction and venue over such action.

Contact

Collectable Diecast
442 Westridge Pkwy
Bldg 100
McDonough, GA 30253