TERMS & CONDITIONS
Road Crates may terminate your use of the Site and its contract with you if you do not comply with these Terms.
ANY DISPUTE BETWEEN YOU AND ROAD CRATES MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, AS MORE FULLY DESCRIBED BELOW.
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.
Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are 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.
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).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Purchasing Road Crates Products and Subscriptions
The Site requires you to set up a User Account in order to purchase related Road Crates products and Subscriptions.
All purchases from the Site are subject to these Terms and the individual purchase terms and instructions listed on the applicable product page(s). Before making any purchase, you should be sure to read the Terms AND the terms on the Site carefully.
By completing checkout, you agree that all sales are final and that there are absolutely no cancellations of any kind. Any orders that are cancelled for ANY reason at our discretion will be charged up to a 25% restocking fee. Wait times for prints can vary, please refer to the product description/order confirmation and any notifications provided via social media. Any refused packages are subject to up to a 25% restocking fee and all shipping charges are non-refundable. Any damaged items must be reported within 24 hours of receiving the item in order to be eligible for replacement. All limited edition releases are 1 per person/household, no exceptions. Multiple orders placed to the same address will be cancelled and charged a 25% restocking fee. Any customer caught using a "bot" or electronic "aid", will be banned from future purchases without notice. Resale of any item(s) purchased, prior to having possession of said item(s), will result in immediate order cancellation with a restocking fee and permanent purchase ban.
Risk of Loss
All items purchased from Road Crates are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Occasionally, due to unforeseen technical errors in the website, items may be oversold. In the event your order is affected by such an error, your account will be promptly refunded for the item no longer in stock and you will be notified via the email address provided at checkout. We will do our best to accommodate those whose orders' are affected by an oversell.
If ordering more than one item, it is possible that they will arrive in separate packages. Shipping and handling charges will apply. If packages are returned to Road Crates due to any error upon checkout, those shipping charges will not be refunded and the customer will have to pay additional charges to re-ship the item.
We cannot combine shipping for multiple orders at this time, we apologize for the inconvenience. If you have any questions regarding this matter please email us: firstname.lastname@example.org
We use USPS and UPS for shipment of all tubed items including posters and prints. (USPS Priority for domestic and International First Class Parcel for international)
All other pieces including framed, and irregular items will be shipped via FedEx ground (for domestic) and USPS International Parcel (for international)
Website User Accounts
In order to make a purchase on the ECHO product Site or access certain areas or services of the Site, you will be required to register for a Website user account (an “Account”). During the registration process, you will be asked to provide certain information about yourself, including your name, email address, and other information. You will also be asked to select a unique password for your Account, and you agree that you are solely responsible for maintaining the confidentiality of the password. You may use your Account to update, revise or delete your Registration Data (as defined below); purchase products; and otherwise manage your orders and use of and interaction with the Site. By registering for an Account, you agree to (i) provide accurate, current and complete information about you as may be required during the registration process (“Registration Data”); (ii) maintain the security of your Account password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (v) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at email@example.com. You further represent and warrant that (vi) any information that you submit is true and accurate; (vii) you are at least 18 years of age; (viii) you have reviewed these Terms; and (ix) you are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with these Terms. Road Crates may suspend or terminate your Account at any time, for any reason, and without advance notice at Road Crate’s 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.
Without limiting any provision in the previous section, Road Crates shall not be liable or be deemed to be in breach of these Terms for any failure to perform, or delay in performing, any of Road Crate’s obligations in relation to the ECHO products if the delay or failure was due to any cause beyond Road Crate’s reasonable control. Causes beyond Road Crate’s reasonable control shall include, but not be limited to, acts of God, flood, explosion, natural catastrophe, storms, fire or accident; war or threat of war, blockade, sabotage, insurrection, terrorism, riot or civil disturbance; acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental, international, federal, state or local authority; import or export regulations or embargoes; strikes or other industrial actions or trade disputes (whether involving employees of Road Crates or a third party); problems in obtaining raw materials, labor, transportation, fuel, parts or machinery; and power failure or breakdown in machinery, including computer or other equipment failure. In the event of any such default or delay, the date for performance shall be extended for a period equal to the period during which such aforesaid cause, circumstance or contingency remains in effect.
Road Crates attempts to ensure that the content, product descriptions, prices, and other information on the Site are as accurate as possible. However, Road Crates does not warrant or guarantee that any information on the Site is accurate, complete, or error-free, and Road Crates undertakes no commitment or obligation to update any content, product descriptions, or other information on the Site. Road Crates may at any time change the contents, product descriptions, or other information on the Site, and/or any aspect of the Site, without prior notice. Road Crates also reserves the right to limit quantities of any Road Crates product or service purchased by any individual customer, and to revise, suspend, or terminate any special event, promotion, or special offer at any time and without advance notice, at Road Crate’s sole discretion.
Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 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 or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
All materials on the Site, including all products, product descriptions, videos, text, graphics, logos, images, photographs, artwork, derivative works and any other material or information published on or used in connection with the Site (collectively, the “Site Content”) are the property of Road Crates or its licensors. The Site Content is protected by copyright laws and treaties around the world, and all rights in and to the Site Content are expressly reserved. Any use of the Site Content not permitted under these Terms is strictly forbidden. If you breach any provision of these Terms or make any use of the Site Content not permitted by these Terms, we may automatically terminate and cancel your authorization to visit the Site and you must, at our sole option, immediately return or destroy any material printed or downloaded from the Site.
All names, terms, logos, slogans, images and other indicia identifying the Site or products (collectively, “Marks”) are owned by Road Crates. Any use or reproduction of the Site Content or Marks without Road Crate’s express written permission is strictly prohibited. Third party names, marks, content and products are the property of their respective owners and may not be used or reproduced without written permission of their respective owners.
Limited License; Website Use Restrictions
Subject to the terms and conditions set forth in these Terms, Road Crates grants you a personal, non-transferable, and non-exclusive limited license to access and use the Site and to download and print a single copy of the Site Content solely for your personal, non-commercial use, and provided that you do not delete or modify any copyright or other proprietary notices. Any other copying, use, distribution, publication, transmission or modification of the Site Content or any other property of Road Crates, whether in electronic or hard copy form, is strictly prohibited. This prohibition includes, but is not limited to, (i) resale or non-internal use of the Site or the Site Content (or any portion thereof), unless expressly authorized in writing by Road Crates; (ii) distribution, public performance, or public display of any Site Content (or any portion thereof); (iii) modification or derivative uses of the Site or the Site Content (or any portion thereof); (iv) use of any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any Site Content or other content or information used by the Site; (v) violations of the restrictions in any robot exclusion headers on the Site or circumvention of any other measures used to prevent or limit access to the Site; (vi) any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vii) deep-linking to any portion of the Website for any purpose, unless expressly authorized in writing by Road Crates; (viii) “framing”, “mirroring” or otherwise incorporating any part of the Site into any other web site, unless expressly authorized in writing by Road Crates; or (ix) use of the Site or the Site Content other than for their intended purpose and as expressly permitted by these Terms. Any use of the Site or Site Content other than as expressly permitted by these Terms will constitute a violation of the Terms and may constitute infringement of Road Crate’s intellectual property and other proprietary rights.
Third Party Links
Where the Site contain links to other Site and resources provided by third parties, these links are provided for your information only. We have not performed any check on Site that are linked by or accessible from the Site and nor are we responsible for how such Site are managed, their content and their availability to use. We have no control over the content of those Site or the resources available from those Site, and accept no responsibility for them or for any losses or damages that may arise from your use of such Site. If you decide to access any website by a link from the Site, you do so exclusively at your own responsibility and risk.
Advertisements and Promotions
We may now or in the future allow advertisers and corporate partners to post content on the Site and provide links to Site and content of third parties (collectively the “Advertiser Content”) as a service to those interested in this information. Advertiser Content may be targeted to users based on information they provide through use of the Site or other information. We do not control, endorse or adopt any Advertiser Content and we make no representation or warranties of any kind regarding the Advertiser Content. The types and extent of advertising on the Site are subject to change.
Errors, Inaccuracies and Omissions
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. 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).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Infringing Materials; Copyright Complaints
If you believe that anything on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Name of Agent Designated to receive notification of claimed infringement: Andy Levison
Full address of Designated Agent to which notification should be sent: 518 Whetstone Road, Horsham, PA 19044
Telephone Number of Designated Agent: +1-215-896-8599
Facsimile Number of Designated Agent: +1-215-672-4855
E-Mail Address of Designated Agent: firstname.lastname@example.org
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Warranty Disclaimers and Waiver
THE SITE, AND ALL SITE CONTENT, ROAD CRATES PRODUCTS AND SERVICES, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE WEBSITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ROAD CRATES EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ROAD CRATES ALSO DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE WEBSITE AND INFORMATION THEREON. ROAD CRATES FURTHER DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY CONTENT ON THE SITE. FINALLY, ROAD CRATES DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST ROAD CRATES, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE SITE, ANY CONTENT ON THE SITE, AND ANY ROAD CRATES PRODUCTS AND/OR SERVICES, AS WELL AS ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION).
Limitation of Liability
Road Crates will not be liable under any theory of law, for any and all damages, claims, or causes (such as, but not limited to, punitive damages, breach of contract damages, loss of profits, business interruption, loss of information or data, or costs of replacement goods) arising out of or relating to your use or inability to use the Site or resulting from use of or reliance on the information present, even if Road Crates may have been advised of the possibility of such damages. If you are dissatisfied with the Site, you do not agree with any part of these Terms, or you have any other dispute or claim with or against Road Crates with respect to these Terms or the Site, then your sole and exclusive remedy is to discontinue using the Site. The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (i) breach of contract, (ii) breach of warranty, (iii) negligence, or (iv) any other cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, Road Crate’s aggregate liability shall not exceed USD $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You agree to indemnify, defend and hold harmless ECHO 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms 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.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms 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).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Applicable Law; Disputes
The following terms, together with those at main terms apply to Road Crates subscription purchases. Please read them carefully.
Road Crates offers prepaid poster subscriptions for quarterly deliveries of specified Artists, each a “Subscription”. Road Crates offers its Subscriptions only to persons over the age of 18. If you are under 18, you may not purchase a Subscription. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to purchase a Subscription. By purchasing a Subscription, you acknowledge that your Subscription has an initial and recurring payment feature, as described in the Subscription FAQ available at https://www.echoprintgallery.com/faqs, and you accept all responsibility for all fees and recurring fees, as applicable, prior to cancellation.
6 Poster and 12 Poster Subscriptions: 6 Poster Subscriptions will be billed at a rate of USD $750.00 per year (6 Posters) and 12 Poster Subscriptions will be billed at a rate of USD $1,500.00 per year (12 Posters) in addition to applicable shipping and handling charges and any applicable taxes, payable in full on the date you purchase your 6 Poster / 12 Poster Subscription.
Your order total fee will include the price of the product(s) purchased, plus any applicable sales tax. Such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the Item(s). We will charge tax only in states where the goods sold over the internet are taxable.
Road Crates shall use good faith efforts to deliver the products to the designated location specified by you at the time of purchase. Title to the Subscription passes from Road Crates to you upon shipment from Road Crate’s facility (or, if applicable, the third party manufacturer’s facility).