Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Hicks Collectibles! The terms "we", "us" and "our" refer to Hicks Collectibles LLC. Hicks Collectibles LLC operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Hicks Collectibles LLC is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information.
You represent and warrant that all information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to provide accurate representations and descriptions of products and services offered through our online store. However, colors, packaging, product appearance and other visual characteristics may differ from how they appear on your screen due to your device, display settings, manufacturer packaging changes or other factors.
Product images may be representative images unless otherwise stated on the applicable product page.
We do not warrant that the appearance or quality of any product or service purchased will exactly match photographs or other representations displayed through our online store.
All descriptions of products are subject to change without notice. We reserve the right to discontinue products and to limit quantities offered to any person, household, business, geographic region or jurisdiction on a case-by-case basis.
Trading card products and collectibles may be subject to manufacturer packaging variations, print variations and other characteristics outside the control of Hicks Collectibles LLC.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Hicks Collectibles LLC reserves the right to accept or decline an order as permitted by applicable law.
Your order is not accepted until Hicks Collectibles LLC confirms acceptance. We must receive and process your payment before an order is accepted.
Please review your order carefully before submitting it. Hicks Collectibles LLC may be unable to accommodate cancellation requests after an order has been accepted or entered the fulfillment process.
If we decline, modify or cancel an order, we will attempt to notify you using the email address, billing information and/or other contact information provided with the order.
Purchases and returns are subject to our Return and Refund Policy.
Unless otherwise expressly authorized by Hicks Collectibles LLC, purchases made through our standard retail storefront are intended for personal or household use.
Approved wholesale, bulk, reseller and other commercial purchases may be permitted through our designated wholesale program and may be subject to additional terms, pricing, minimum order quantities, availability requirements or agreements provided by Hicks Collectibles LLC.
We reserve the right to limit or cancel quantities purchased per person, household, account, payment method, shipping address, business or order. These restrictions may apply to orders that appear to have been placed by the same customer or reseller.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice.
The price charged for a product or service will generally be the price in effect when the order is placed and will be shown in the applicable order confirmation.
Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs duties, import taxes or other charges.
Prices offered through our online store may differ from prices offered through other sales channels, marketplaces, physical events or third-party platforms.
We may offer promotions that are governed by additional terms and conditions. If there is a conflict between specific promotional terms and these Terms, the promotional terms will govern with respect to that promotion.
You agree to provide current, complete and accurate purchase, payment and account information.
You represent and warrant that payment information provided by you is accurate and that you are authorized to use the payment method provided.
We reserve the right to correct pricing, inventory or product-listing errors. If a material pricing or inventory error affects an order, we may cancel the affected order and refund amounts paid for the canceled merchandise as appropriate.
SECTION 5 - SHIPPING AND DELIVERY
All processing, shipping and delivery timeframes displayed through our Services are estimates unless expressly stated otherwise.
We are not responsible for delays caused by shipping carriers, customs authorities, weather, natural disasters, transportation disruptions, manufacturers, distributors or other circumstances outside our reasonable control.
International customers are responsible for any applicable customs duties, import taxes, brokerage charges or similar fees unless otherwise expressly stated at checkout.
Customers are responsible for providing complete and accurate shipping information. Additional charges resulting from incorrect or incomplete addresses may be the customer's responsibility to the extent permitted by applicable law.
Additional shipping terms are provided in our Shipping Policy.
SECTION 6 - COLLECTIBLES, PRODUCT CONDITION AND AUTHENTICITY
Hicks Collectibles LLC sells trading card games, collectibles, sealed products, individual cards, graded cards, accessories and related merchandise.
We make reasonable efforts to accurately describe the condition and characteristics of products.
Sealed trading card products may contain minor manufacturer, distributor, shipping or shelf wear, including small dents, scratches, wrapping imperfections or similar cosmetic characteristics. Such minor imperfections do not necessarily mean that a sealed product is damaged or defective.
Where the specific condition of packaging is important to a purchase, customers should review the applicable product description and photographs before ordering.
For individual cards, we make reasonable efforts to accurately represent the card being offered and its stated condition.
Card condition is inherently subjective. Unless expressly stated otherwise, purchasing an ungraded card does not guarantee that the card will receive any particular grade from PSA, CGC, Beckett, TAG or any other third-party grading company.
For professionally graded cards, the grade and certification information provided by the applicable grading company govern the graded status of the item. Customers are encouraged to verify certification numbers directly with the applicable grading company where available.
Hicks Collectibles LLC is committed to selling authentic products. We do not knowingly sell counterfeit trading cards or collectibles.
SECTION 7 - PREORDERS
Certain products may be offered for preorder before their official release or before inventory has been received by Hicks Collectibles LLC.
Any release date, shipment date or estimated arrival date displayed for a preorder is an estimate unless expressly stated otherwise.
Manufacturers, distributors and suppliers may change release dates, product allocations or quantities without notice to us. Such changes may affect when or whether preorder inventory becomes available.
Submitting a preorder does not guarantee a specific delivery date.
Preorder cancellation and refund eligibility are governed by our Return and Refund Policy and any additional terms disclosed on the applicable product page at the time of purchase.
If we are unable to fulfill a preorder because inventory was canceled, materially reduced or otherwise unavailable to us, we may cancel the affected quantity and issue an appropriate refund.
Orders containing both preorder and in-stock merchandise may be shipped together or separately depending on the shipping option selected, product availability and our fulfillment procedures.
SECTION 8 - LIMITED AND HIGH-DEMAND PRODUCTS
Trading card products may be produced or distributed in limited quantities.
Hicks Collectibles LLC may establish purchase limits for allocated, promotional, limited-release or high-demand merchandise.
We reserve the right to cancel, reduce or adjust orders that exceed disclosed purchase limits or that reasonably appear to circumvent those limits through multiple accounts, addresses, payment methods or other means.
We also reserve the right to cancel orders reasonably suspected of fraud, payment abuse, unauthorized automated purchasing or other conduct that threatens the fairness or security of our store.
SECTION 9 - INTELLECTUAL PROPERTY
Our Services, including but not limited to Hicks Collectibles LLC branding, original text, displays, graphics, photographs, videos, audio, website design and other original content, are owned by Hicks Collectibles LLC, its affiliates or licensors as applicable and are protected by applicable intellectual property laws.
Third-party product names, trading card game names, characters, logos, trademarks and other intellectual property displayed in connection with products remain the property of their respective owners.
The sale of third-party merchandise by Hicks Collectibles LLC does not imply sponsorship, endorsement or affiliation with a manufacturer, publisher or intellectual property owner unless expressly stated.
These Terms permit you to use the Services for personal, non-commercial purposes only unless otherwise expressly authorized.
You may not reproduce, distribute, modify, republish or commercially exploit material owned by Hicks Collectibles LLC without prior written authorization.
Hicks Collectibles LLC's name, logos, designs and slogans may not be used without prior written permission.
Shopify's name, logo, product names, designs and slogans are trademarks of Shopify or its applicable affiliates. Other names, logos, product names, designs and slogans displayed through the Services may be trademarks of their respective owners.
SECTION 10 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services over which we may have limited or no control.
You acknowledge that access to such tools may be provided "as is" and "as available" without warranties, representations or conditions except as required by applicable law.
Your use of third-party tools is at your own discretion, and you should review the applicable third party's terms and policies.
We may offer additional features, tools and resources through the Services in the future. Such features will also be subject to these Terms where applicable.
SECTION 11 - THIRD-PARTY LINKS
The Services may contain materials or links to websites provided or operated by third parties.
We are not responsible for evaluating or guaranteeing the content, accuracy, security, products, services or practices of third-party websites.
If you access a third-party website through our Services, you do so subject to the terms and policies applicable to that website.
Questions or disputes concerning products or services purchased directly from third parties should generally be directed to the applicable third party.
SECTION 12 - RELATIONSHIP WITH SHOPIFY
Hicks Collectibles LLC is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Hicks Collectibles LLC.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Hicks Collectibles LLC, including any injury, damage or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Hicks Collectibles LLC to the extent permitted by applicable law.
SECTION 13 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Certain personal information may also be processed by Shopify in connection with Shopify's provision and operation of the ecommerce platform and related services.
Because the Services are hosted by Shopify, information submitted through the Services may be transmitted to and processed by Shopify and other service providers, which may operate in jurisdictions outside your place of residence.
Please review our Privacy Policy for additional information concerning how personal information is collected, used and disclosed.
SECTION 14 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant Hicks Collectibles LLC a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, distribute and display such Feedback for purposes related to operating, improving and promoting our business and Services, subject to applicable law.
You represent that you have the necessary rights to submit your Feedback and that it does not violate applicable law or third-party rights.
We may monitor, edit or remove Feedback that we reasonably determine is unlawful, fraudulent, abusive, defamatory, obscene or otherwise violates these Terms.
You are responsible for the accuracy and legality of Feedback you submit.
SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability, shipping charges or estimated delivery times.
We reserve the right to correct errors, inaccuracies or omissions and to update information or cancel affected orders where permitted by applicable law.
If an order is canceled because of a material pricing, inventory or listing error, amounts paid for the canceled merchandise will be refunded as appropriate.
SECTION 16 - PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services to violate applicable law; infringe intellectual property or other rights; transmit malicious software; engage in fraud; submit materially false information; harass or harm others; interfere with the operation or security of the Services; improperly collect personal information; or circumvent security, purchase limits or other technical measures.
You may not use automated purchasing tools, bots, scripts or similar technologies to circumvent purchase limits, security measures or restrictions established by Hicks Collectibles LLC.
We reserve the right to restrict or terminate access to the Services if we reasonably determine that these Terms have been violated.
SECTION 17 - AGENTS
This section applies if you use, allow, enable or cause the deployment of an autonomous or semi-autonomous software agent ("Agent") to access, use or interact with the Services.
Agents must comply with all applicable technical restrictions, security measures, purchase limitations and instructions governing access to the Services.
Agents may not conceal automated activity, circumvent CAPTCHAs or similar measures, bypass security measures or otherwise interfere with our ability to control automated access to the Services.
We may restrict or block automated access to the Services at our discretion to protect customers, inventory, security and the integrity of our store.
SECTION 18 - TERMINATION
We may terminate or restrict your access to the Services, subject to applicable law, if you violate these Terms or engage in fraudulent, abusive or unlawful conduct.
Termination does not relieve you of obligations incurred before termination.
Provisions that by their nature should survive termination, including provisions concerning intellectual property, liability, indemnification, governing law and privacy, will continue to apply.
SECTION 19 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general informational purposes.
Except as expressly stated by Hicks Collectibles LLC or required by applicable law, the Services and products offered through the Services are provided "as is" and "as available."
To the fullest extent permitted by applicable law, we disclaim implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.
Nothing in these Terms excludes warranties, guarantees or other consumer rights that cannot lawfully be excluded or limited.
SECTION 20 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HICKS COLLECTIBLES LLC, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.
THIS MAY INCLUDE, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR SIMILAR DAMAGES.
Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.
SECTION 21 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Hicks Collectibles LLC and its affiliates, owners, officers, employees, agents, contractors, licensors and service providers from third-party claims, damages, liabilities and reasonable costs arising from your material breach of these Terms, violation of applicable law or violation of a third party's rights.
We will provide reasonable notice of an indemnifiable claim and may participate in or control its defense as appropriate.
SECTION 22 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or severed where necessary.
The remaining provisions will continue in full force and effect.
SECTION 23 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and the policies incorporated into them constitute the agreement governing your use of the Services, except where separate written terms expressly apply, such as approved wholesale agreements or promotional terms.
SECTION 24 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent.
Hicks Collectibles LLC may transfer or assign its rights and obligations in connection with a merger, acquisition, sale, reorganization or other lawful business transaction, subject to applicable law.
SECTION 25 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services will be governed by applicable United States federal law and the laws of the State of Florida, without regard to conflict-of-law principles, except where mandatory consumer protection laws require otherwise.
Any disputes subject to court jurisdiction will be brought in an appropriate court having jurisdiction in Florida, except where applicable law provides a consumer with a mandatory right to bring proceedings elsewhere.
SECTION 26 - HEADINGS
Headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.
SECTION 27 - CHANGES TO TERMS OF SERVICE
You may review the current version of these Terms of Service on our website.
We reserve the right to update or modify these Terms by posting an updated version through our Services.
Where required by applicable law, we will provide appropriate notice of material changes.
Your continued use of the Services after updated Terms become effective constitutes acceptance of those changes to the extent permitted by applicable law.
SECTION 28 - WHOLESALE AND BULK ORDERS
Hicks Collectibles LLC may offer wholesale, bulk or reseller purchasing opportunities to approved customers.
Wholesale availability, pricing, minimum quantities, allocations, payment requirements, shipping terms, cancellation policies and product availability may differ from standard retail purchases.
Submission of a wholesale inquiry does not guarantee approval, product availability, allocation or wholesale pricing.
Additional wholesale terms or agreements provided in connection with an approved wholesale account or transaction will apply to those purchases. If those specific wholesale terms conflict with these general Terms of Service regarding a wholesale transaction, the specific wholesale terms will govern that transaction.
SECTION 29 - CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
Hicks Collectibles LLC
19046 Bruce B. Downs Blvd. #1168
Tampa, FL 33647
United States
Email: anthony@hickscollectibles.com
Website: hickscollectibles.com