Terms & Conditions
Last updated: July12, 2019
Welcome to our online shop! This shop is owned and operated by Araca Merchandise L.P.. Like you, everyone at Araca is a huge fan of entertainment. We specialize in creating online shops that help fans pursue their passion for collecting. Thank you for visiting and have a great time!
Araca Merchandise L.P. and/or its affiliates (“Araca,” “we,” “us,” or “our”) provide website features and other products and services to you when you visit or shop, use products or services purchased from us, or use our mobile sites (collectively, the "Services"). We provide the Services subject to the following conditions.
Your Acceptance of Terms.
How To Contact Us.
If you would like to contact us about an order, additional product information, or for help with our web site, please fill out our Contact Us form and we will respond within one business day.
If you would like someone to call you back concerning an order, or for help with our web site, please call us at (914) 595-6035. When you leave a message, please state that you are calling about the Knives Out Shop, and please include your name, phone number, the best time to call, and your order number (if applicable).
To use some of our Services, you may be asked to register for an account. Your account registration information must be correct, current, and complete at all times. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. We sell a variety of products, but we sell them to adults, who can purchase them with a credit card or other permitted payment method. If you are under 18, or the age of majority in your country, you may use the Services only with the involvement of a parent or guardian. In all cases, the adult would be the user and is responsible for any and all activity. We reserve the right to refuse service, terminate or suspend your account, remove or edit content, or cancel orders in our sole discretion.
The shop and content on the Services, such as video, text, photos, graphics, characters, logos, and button icons, are protected under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned by us or our licensors or suppliers.
Your Use of the Services.
- the resale or commercial use of the Services, or its contents;
- any collection and use of any product listings, descriptions, or prices;
- any derivative use of any of the Services or its contents;
- any downloading or copying of account information for the benefit of another merchant;
- the copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting, storing, or transmitting any of the Services or its contents, in any form or by any means;
- framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form);
- the use of any meta tags or any other “hidden text” utilizing our or our licensees’ or suppliers’ names or trademarks;
- any use of data mining, robots, or similar data gathering and extraction tools;
- decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software.
Reviews, Comments, Communications, and Other Content.
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; upload photos and personal information such as names and addresses to customize merchandise for purchase; and submit suggestions, ideas, comments, questions, or other information. Please act responsibly when using the Services. You may only use our Services and its contents for lawful purposes and in accordance with applicable law. Additionally, you agree that you will not and will not attempt to:
- provide content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
- provide content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”; or
- use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
We reserve the right (but not the obligation) to remove or edit such content, but do not review all posted content.
Terms of Sale.
By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request made by you.
Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept, modify or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price.
All features, specifications, products, prices of products and services, discounts, promotions and offers described in our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right to modify the final sale date of any products sold for a limited period of time without notice to you, including by ending the sale period earlier than originally advertised, or by extending it beyond the originally advertised final sale date. Products are available while supplies last, and may only be available to be shipped to certain territories. All prices and products advertised are subject to change.
Shipping & Delivery.
For more information about our policies on shipping and delivery, please click here.
Taxes & Fees.
You are responsible for payment of all taxes and import fees related to any products purchased and/or shipped from the U.S. to a country outside the U.S., including as applicable, sales tax, VAT, GST/HST, import fees, and duties. For more information about applicable taxes, please click here.
Returns & Exchanges.
Our goal is your complete satisfaction of our Services. For more information about our policies on returns and exchanges, please click here.
We try to be as accurate as possible when describing our products. However, we do not warrant that product descriptions or other content of the Services are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition, subject to the terms of the Returns & Exchanges policy.
Risk of Loss.
All items purchased from us 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, or if such items are shipped outside the U.S., then risk of loss and title pass to you when they clear customs.
Claims of Copyright Infringement.
If you believe that any content appearing in this shop infringes your copyright, we want to hear from you. Please send your complaint with the following information in writing to our Copyright Agent at the address listed below:
- your name, address, telephone number, and e-mail address;
- a description of the copyrighted work that you claim has been infringed;
- the exact URL or a description of each place where alleged infringing material is located;
- a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
- a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
Araca Merchandise L.P.
545 West 45th street 10th FL,
New York, NY 10036
Fax: (212) 869-0090
Araca seeks to preserve any and all exemptions from liability that may be available under copyright laws, but do not necessarily stipulate that it is a service provider as defined in 17 U.S.C Section 512(c) or elsewhere.
Third Party Services.
When you use the Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND OTHER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Araca AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE DO NOT WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Any usernames and passwords used for the Services are for individual use only. You are responsible for the security of your username and password. You will not place an order on the Services with an invalid or stolen payment mechanism. You will not use any software, tools, services or facilities to compromise our Services’ security, or tamper with our systems or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND US HAVE AGAINST EACH OTHER ARE RESOLVED.
To the extent permitted by applicable law, any dispute or claim relating in any way to your use of the Services, or to any products or services sold or distributed by us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act of the United States and U.S. federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following: Araca Merchandise L.P., Attn: CEO. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Modifications, Entire Agreement, and Severability.