Terms and Conditions

1. Terms of Sale

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.pitstopdiecasts.com (the "Site"). These Terms are subject to change by The Pit Stop Diecast without prior written notice at any time, in our sole discretion. Any changes will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before purchasing products or services through this Site.

These Terms are an integral part of the General Website Terms of Use that apply generally to use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

2. Order Acceptance and Cancellation

You agree that your order is an offer to buy all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after sending a confirmation email.

3. Prices and Payment Terms

(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged will be the price in effect when the order is placed. Posted prices do not include taxes or shipping and handling unless stated. We reserve the right to correct pricing or availability errors and cancel orders arising from such errors.

(b) Promotions may be governed by terms separate from these Terms of Sale. If there is a conflict between promotion terms and these Terms, the promotion terms will govern.

(c) Payment must be received before our acceptance of an order. We accept VISA, Mastercard, Discover, and American Express. You represent and warrant that your payment information is true, correct, complete, and authorized.

4. Shipments; Delivery; Title and Risk of Loss

We will arrange shipment of products to you. You will pay shipping and handling charges specified during checkout. Title and risk of loss pass to you upon our transfer of products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed.

5. Returns and Refunds

Except for products designated as final sale or non-returnable, we will accept a return for a refund of your purchase price, less original shipping and handling costs, provided the return is made within 30 days of shipment with valid proof of purchase and products are returned in original condition. To return products, you must contact us here.

You are responsible for all shipping and handling charges on returned items and bear the risk of loss during shipment. We strongly recommend that you insure your return shipment and use a carrier that provides proof of delivery.

Refunds are processed within approximately three business days of our receipt of your merchandise. Funds will appear on the account within seven to ten business days. Your refund will be credited back to the same payment method used for the original purchase. WE OFFER NO REFUNDS ON PRODUCTS DESIGNATED AS NON-RETURNABLE.

For defective returns, please refer to the manufacturer's warranty included with the product or detailed in the product description on our Site.

6. Manufacturer's Warranty and Disclaimers

We do not manufacture or control the products or services offered on our Site. Product availability through our Site does not indicate affiliation with or endorsement of any product, service, or manufacturer.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED AS IS WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you. You affirm that we shall not be liable for breach of warranty claims or damages arising out of a manufacturer's failure to honor warranty obligations.

7. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE ARISING OUT OF OR RELATING TO THESE TERMS.

Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy, shall be limited to the actual amount paid by you for products and services ordered through our Site.

8. Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

9. Privacy

Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

10. Force Majeure

We will not be liable or responsible for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, terrorist threats or acts, civil unrest, epidemic, labor disputes, carrier delays, supply delays, telecommunications breakdown, or power outage.

11. Governing Law and Jurisdiction

This Site is operated from the US. All matters arising out of or relating to these Terms are governed by the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule.

12. Dispute Resolution and Binding Arbitration

(a) YOU AND THE PIT STOP DIECASTS, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION.

(b) Any claim, dispute, or controversy between you and us arising from or relating to your purchase of products or services through the Site will be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association under the Consumer Arbitration Rules, except as modified by this section. The Federal Arbitration Act will govern this section.

(c) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision. Any award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

(d) If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees under applicable fee-shifting standards.

(e) You may elect to pursue your claim in small-claims court rather than arbitration if you provide written notice within 60 days of your purchase. The proceeding will be limited solely to your individual dispute.

(f) You agree to arbitration on an individual basis. NEITHER YOU NOR THE PIT STOP DIECASTS, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS OR PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL.

13. Assignment

You will not assign any rights or delegate obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this section is null and void.

14. No Waivers

Our failure to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement. Any waiver will be effective only if in writing and signed by a duly authorized representative of The Pit Stop Diecasts.

15. Notices

(a) To You. We may provide notice by sending a message to the email address you provide or by posting to the Site. Notices sent by email are effective when sent, and notices posted to the Site are effective upon posting.

(b) To Us. To give us notice, contact us by personal delivery, overnight courier, registered mail, or certified mail at The Pit Stop Diecasts, 1030 N. Cherry Street, Evart, MI 49631.

16. Entire Agreement

These Terms of Sale, our General Website Terms of Use, and our Privacy Policy and Ticketing & Membership Terms & Conditions will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.