Terms
and Conditions
Agreement between
User and www.intothevoidmerchco.com
Welcome to www.intothevoidmerchco.com. The
www.intothevoidmerchco.com website (the "Site") is comprised of
various web pages operated by INTO THE VOID Merch Co..
www.intothevoidmerchco.com is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein
(the "Terms"). Your use of www.intothevoidmerchco.com constitutes
your agreement to all such Terms. Please read these terms carefully, and keep a
copy of them for your reference.
www.intothevoidmerchco.com is an E-Commerce Site.
INTO THE VOID Merch Co. is an online retailer specializing
in the entertainment industry, offering merchandise from some of the greatest
bands in the punk rock, hardcore, metal, pop-punk and alternative rock music
scenes.
Electronic
Communications
Visiting www.intothevoidmerchco.com or sending emails to
INTO THE VOID Merch Co. constitutes electronic communications. You consent to
receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.
Your Account
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that INTO THE VOID
Merch Co. is not responsible for third party access to your account that
results from theft or misappropriation of your account. INTO THE VOID Merch Co.
and its associates reserve the right to refuse or cancel service, terminate
accounts, or remove or edit content in our sole discretion.
Children Under
Thirteen
INTO THE VOID Merch Co. does not knowingly collect, either
online or offline, personal information from persons under the age of thirteen.
If you are under 18, you may use www.intothevoidmerchco.com only with
permission of a parent or guardian.
Cancellation/Refund
Policy
You must contact us within 30 days of the delivery date of
the item(s)
Return packages without an RMA# issued by our Customer Service team will not be
processed
- Garments must be in unworn condition
- Vinyl & CDs must be still sealed in their original packaging
- Gift cards or downloadable products are not eligible for return
Exchanges:
If your item is received damaged or defective, or the item is not what you were
expecting, we’re happy to exchange the item for a replacement or store
credit.
Refunds:
Once we receive your returned item, we will send you a confirmation email that
we received your item and are reviewing your request. If approved, the refund
will be issued to your original method of payment within 7 to 10 days. Once the
refund is issued on our end, your bank may take a few days to process the
refund and for the credit to show up in your account.
Links to Third Party
Sites/Third Party Services
www.intothevoidmerchco.com may contain links to other
websites ("Linked Sites"). The Linked Sites are not under the control
of INTO THE VOID Merch Co. and INTO THE VOID Merch Co. is not responsible for
the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. INTO
THE VOID Merch Co. is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by INTO THE VOID Merch Co.
of the site or any association with its operators.
Certain services made available via
www.intothevoidmerchco.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from
the www.intothevoidmerchco.com domain, you hereby acknowledge and consent that
INTO THE VOID Merch Co. may share such information and data with any third
party with whom INTO THE VOID Merch Co. has a contractual relationship to
provide the requested product, service or functionality on behalf of
www.intothevoidmerchco.com users and customers.
No Unlawful or
Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use www.intothevoidmerchco.com strictly in accordance
with these terms of use. As a condition of your use of the Site, you warrant to
INTO THE VOID Merch Co. that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the Site.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of INTO THE VOID Merch Co. or its suppliers
and protected by copyright and other laws that protect intellectual property
and proprietary rights. You agree to observe and abide by all copyright and
other proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. INTO THE
VOID Merch Co. content is not for resale. Your use of the Site does not entitle
you to make any unauthorized use of any protected content, and in particular
you will not delete or alter any proprietary rights or attribution notices in
any content. You will use protected content solely for your personal use, and will
make no other use of the content without the express written permission of INTO
THE VOID Merch Co. and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any
licenses, express or implied, to the intellectual property of INTO THE VOID
Merch Co. or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by INTO
THE VOID Merch Co. from our offices within the USA. If you access the Service
from a location outside the USA, you are responsible for compliance with all
local laws. You agree that you will not use the INTO THE VOID Merch Co. Content
accessed through www.intothevoidmerchco.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless INTO THE
VOID Merch Co., its officers, directors, employees, agents and third parties,
for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use
the Site or services, any user postings made by you, your violation of any
terms of this Agreement or your violation of any rights of a third party, or
your violation of any applicable laws, rules or regulations. INTO THE VOID
Merch Co. reserves the right, at its own cost, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with INTO THE VOID Merch Co. in asserting any
available defenses.
Arbitration
In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INTO THE VOID
MERCH CO. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE
AT ANY TIME.
INTO THE VOID MERCH CO. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. INTO THE VOID MERCH CO. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL INTO THE VOID MERCH CO. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INTO THE VOID MERCH CO. OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access
Restriction
INTO THE VOID Merch Co. reserves the right, in its sole discretion,
to terminate your access to the Site and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law,
this agreement is governed by the laws of the State of New Jersey and you
hereby consent to the exclusive jurisdiction and venue of courts in New Jersey
in all disputes arising out of or relating to the use of the Site. Use of the
Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and INTO THE VOID Merch Co. as a result
of this agreement or use of the Site. INTO THE VOID Merch Co.'s performance of
this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of INTO THE VOID Merch Co.'s right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by INTO
THE VOID Merch Co. with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall continue
in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and INTO THE VOID Merch Co.
with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and INTO THE VOID Merch Co. with respect to the Site. A printed version of
this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms
INTO THE VOID Merch Co. reserves the right, in its sole
discretion, to change the Terms under which www.intothevoidmerchco.com is
offered. The most current version of the Terms will supersede all previous
versions. INTO THE VOID Merch Co. encourages you to periodically review the
Terms to stay informed of our updates.
Contact Us
INTO THE VOID Merch Co. welcomes your questions or comments
regarding the Terms:
INTO THE VOID Merch Co.
PO Box 7124
Freehold, New Jersey 07728
Email Address: help@intothevoidmerchco.com
Telephone number: (732) 771-9955
Effective as of July 01, 2019
