Terms of service
OVERVIEW
Welcome to Frightmare Collectibles! The terms “we”, “us” and “our” refer to Frightmare Collectibles LLC. Frightmare Collectibles 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”). Frightmare Collectibles is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (collectively, the “Terms of Service” or “Terms”), describe your rights and responsibilities when you access, browse, or use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and address matters such as warranty disclaimers, limitations of liability, dispute handling, and applicable laws.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, available at:
https://www.frightmarecollectibles.com/policies/privacy-policy
If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access the 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 or province 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 stores 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 the information you provide in our stores 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 ensure that product descriptions, images, and other content in our online store are accurate and up to date. However, product appearance, colors, packaging, and condition may vary due to differences in screen displays, lighting conditions, device settings, or manufacturer updates.
We do not warrant that the appearance or quality of any product or service will meet your individual expectations or match exactly how it appears on your screen.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product, update product information, or limit the quantity of items offered to any customer, geographic region, or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase products or services from Frightmare Collectibles. We reserve the right to accept or decline any order at our sole discretion for reasons including, but not limited to, inventory availability, pricing errors, suspected fraud, or violations of these Terms.
An order is not accepted until payment has been successfully processed and we have confirmed acceptance. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or modification requests once an order has been accepted.
If we cancel or modify an order, we will attempt to notify you using the email address, billing address, or phone number provided at checkout.
All purchases are subject to return or exchange solely in accordance with our Refund Policy, available at:
https://www.frightmarecollectibles.com/policies/refund-policy
You represent and warrant that your purchases are for personal or household use only and not for resale, redistribution, or commercial export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices displayed in our online store may differ from prices offered in physical retail locations or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services that affect pricing. Such promotions are governed by separate terms and conditions. In the event of any conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You also agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use the credit card provided for the purchase, (iii) all charges incurred by you will be honored by your credit card issuer, and (iv) you will pay all charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times provided are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control. Once products are transferred to the carrier, title to and risk of loss for the products pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Frightmare Collectibles, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing herein grants or shall be construed as granting any license or other rights under any patent, trademark, copyright, or other intellectual property of Frightmare Collectibles, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Frightmare Collectibles.
Frightmare Collectibles’ names, logos, product and service names, designs, and slogans are trademarks of Frightmare Collectibles or its affiliates or licensors. You must not use such trademarks without the prior written permission of Frightmare Collectibles. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or input.
You acknowledge and agree that access to such tools is provided “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools made available through the Services is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party provider(s).
We may also, from time to time, offer new features through the Services, including the release of new tools and resources. Any such new features shall be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access third-party materials or websites, you do so entirely at your own risk.
We are not liable for any harm or damages arising from your access to any third-party websites, or from your purchase or use of any products, services, resources, or content available on such third-party websites. Please review the policies and practices of any third party carefully and ensure that you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Frightmare Collectibles is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases made through our Store are transactions solely between you and Frightmare Collectibles. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Frightmare Collectibles, including any injury, damage, or loss arising from products or services purchased. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with Frightmare Collectibles.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here:
https://www.frightmarecollectibles.com/policies/privacy-policy
Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read and understand these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Services to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify, as well as with third parties, which may be located in countries other than where you reside, for the purpose of providing services to you. Please review our Privacy Policy for additional details on how we, Shopify, and our partners collect, use, and process your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes. We may, for example, use this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to perform our obligations and exercise our rights under these Terms of Service.
You represent and warrant that: (i) you own or otherwise have all necessary rights to the Feedback you submit; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) maintain any Feedback in confidence, (2) pay compensation for any Feedback, or (3) respond to any Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, obscene, or libelous material, or contain any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and for its accuracy. We assume no responsibility and accept no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information available on or through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change, update, or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, state, or local laws, regulations, or ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm any employee or any other person;
(e) to submit false or misleading information;
(f) to upload, download, transmit, use, or re-use any material that does not comply with these Terms;
(g) to transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations;
(h) to impersonate or attempt to impersonate any person or entity; or
(i) to engage in any conduct that restricts or inhibits any person’s use or enjoyment of the Services, or that may harm Frightmare Collectibles, Shopify, or users of the Services, or expose them to liability, as determined by us.
In addition, you agree not to:
(a) upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, spider, crawl, or scrape; or
(e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your access to the Services at any time, without notice, if we determine that you have violated any portion of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services, in whole or in part, at our sole discretion and at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature are intended to survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Frightmare Collectibles, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Frightmare Collectibles, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Frightmare Collectibles, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party and arising out of or related to: (1) your breach of these Terms of Service or the documents incorporated herein by reference; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced as a result. We may control the defense and settlement of any such claim at your expense, including the selection of counsel, but will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You agree to cooperate fully in the defense of any indemnified claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity or enforceability of any remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or in connection with the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, including any prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempted assignment in violation of this provision shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations at any time without consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws and courts of the federal and state or territorial jurisdiction in which Frightmare Collectibles is headquartered. You and Frightmare Collectibles consent to venue and personal jurisdiction in such courts.
SECTION 22 – HEADINGS
The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to review the website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
Loyd@frightmarecollectibles.com.
Our contact information is provided below:
Physical Address: 17521 Matany Rd, Suite 1100, Justin, TX. 76247, USA
Phone: (817) 600 7263
Store Hours:
Friday-Saturday 12pm - 8pm
Sunday 12pm - 5pm
Monday-Thursday CLOSED