General / Overview
ChicMarket.com is owned and operated by ChicMarket LLC. The following Terms & Conditions shall apply to the relationship between ChicMarket LLC, www.ChicMarket.com (collectively "ChicMarket"), and the end user ("You" or "Your"). By using ChicMarket's services, You accept these Terms & Conditions, as well as the manner in which ChicMarket operates. These Terms & Conditions constitute the entire agreement between ChicMarket and You and supersede and replace all prior commitments, undertakings, or representations, whether written or oral, between You and ChicMarket with respect of Your use of ChicMarket.
Information on ChicMarket, such as the "Help" section, are only recommendations and are not intended as rules or guidelines. ChicMarket is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.
If You have any questions, concerns, or comments about these Terms & Conditions, please email us at firstname.lastname@example.org.
Acceptance of Terms & Conditions
If You do not agree to the Terms & Conditions, do not use ChicMarket. If You access, use, or download in any way any service from ChicMarket, You agree to and are bound by these Terms & Conditions.
Changes to Terms & Conditions
ChicMarket may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. Should this occur, You agree that ChicMarket may provide You notice of such changes in any of the following ways: via an email from ChicMarket, via an RSS feed, and/or by posting a change notice on the website for a reasonably limited time. It is Your responsibility to review any revised Terms & Conditions. Should You find any subsequent revisions to the Terms & Conditions unacceptable, You must cease using ChicMarket's services. By continuing to access, use, or download in any way any service from ChicMarket following notice of a revision to the Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised.
If You use ChicMarket, You are solely responsible for preserving the confidentiality of Your account and password and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account or password. ChicMarket sells products for children, but it sells them to adults, who can purchase with a credit card or other permitted method of payment. If You are under 18, you may use ChicMarket only with the involvement of a parent or guardian. ChicMarket, in its sole discretion, reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders.
You must reside in one of the 50 states of the United States or Washington D.C.
ChicMarket products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.
ChicMarket reserves the right to limit in its sole discretion the number of user accounts per household. A single credit card may not be used in conjunction with multiple user accounts. ChicMarket limits the number of user accounts per natural person to one. Exceptions may apply – contact support for any questions.
You may register only once with ChicMarket, and You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. You must not provide misleading information when registering. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other ChicMarket users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.
If ChicMarket receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in ChicMarket's sole discretion, Your user account may be frozen until You change the username. ChicMarket also may permanently close Your account without prior notice to You for violating these Terms & Conditions.
You are responsible for keeping Your user account password confidential. ChicMarket will never ask for Your password except during login. You should never provide Your password to anyone, including ChicMarket's employees. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.
ChicMarket reserves the right to temporarily or permanently terminate Your account at ChicMarket's sole discretion if it determines or suspects You have violated these Terms & Conditions, any laws, or the rights of other users or other third parties. Examples of unauthorized usage include, but are not limited to a violation of the game-play rules below, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. You agree that if ChicMarket, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, ChicMarket may withhold, cancel, or otherwise retain any and all of Your pending deliveries.
How ChicMarket Works
When You find a product You would like to purchase, add that item to your cart. You may add multiple products to your cart before you checkout. Product availability and prices are subject to change. Events are limited time, if purchasing from an event be sure you do so before the event ends. To see the products You have purchased, look in Your account under Order History.
You have 1 hour to confirm Your shipping information, billing information, and purchase the product. If You have issues with purchasing Your product within the time limit, contact customer support.
ChicMarket collects order payment upon order submission. Items typically ship more than 24 hours after order payment.
Any special promotions run by ChicMarket shall only be valid if they are announced on ChicMarket or a ChicMarket social media site, or in an email from ChicMarket. Certain promotions may only be valid for a limited time, with details announced by ChicMarket. Once the advertised time limit of any promotion has been reached the promotion is finished. ChicMarket reserves the right to limit promotions to certain groups of users in ChicMarket's sole discretion.
Returns / Cancellations
ChicMarket allows You the right to cancel or return an order in accordance with ChicMarket's Returns Policy (www.chicmarket.com/help/returns), which ChicMarket may change from time to time in ChicMarket's sole discretion. If You cancel an order to which the cancellation provisions apply, You will be entitled to a refund of the price (including shipping costs) You have paid even if the goods are not defective in any way. These cancellation rights end 30 days after the day the purchaser received the goods or a notification that the goods were ready for collection.
Some exceptions may apply. If an exception does apply, it will be noted on the item's return information on the individual item page. If You are found to be in bad standing due to fraudulent behavior, excessive refund requests, or other such behavior, You are deemed to be in breach of the Terms & Conditions and will not be eligible for a refund.
If You wish to cancel an order, You must inform ChicMarket by email that You want to cancel within the time period noted above. Cancellations by phone will not be accepted. The following contact detail must be used: email@example.com.
In order to complete a cancellation or return, You must return the received product or products in new condition. Shipping expenses for returns will be paid by You (unless goods are found to be defective). ChicMarket will not accept a return if You are unable to return the service or product received or are only able to return it in part or in a damaged or used condition.
Should ChicMarket incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by You.
Should ChicMarket not be able to deliver the product ordered for any reason, You will have the option to accept an alternative but comparable item, as determined by ChicMarket in its sole discretion, or receive a full refund, including shipping costs, if any, You have paid.
Deliveries are made exclusively to the United States, excluding Alaska and Hawaii. Unless otherwise stated, delivery will be made directly from our supplier or from our warehouse to the address provided by You. Delivery times vary; therefore, any time provided is only a guide. ChicMarket shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport must be reported to ChicMarket upon receipt.
Risk of Loss
The risk of loss and title for all items purchased from ChicMarket pass to You upon our delivery to the carrier.
Disclaimer of Warranty and Liability Regarding Use of ChicMarket
Neither ChicMarket nor any of its members, managers, officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by ChicMarket, or the like, warrant that websites affiliated with ChicMarket, including, but not limited to, ChicMarket, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on ChicMarket may contain inaccuracies or typographical errors. ChicMarket makes no warranty as to the results that may be obtained from the use of ChicMarket or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through ChicMarket. ChicMarket shall not be responsible for any opinions, views, advice, or statements posted on ChicMarket (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized ChicMarket spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized ChicMarket spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.
YOUR USE OF ChicMarket IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY ChicMarket ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ChicMarket DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ChicMarket MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ChicMarket, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF ChicMarket, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, ChicMarket DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ChicMarket WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ChicMarket HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM ChicMarket OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT ChicMarket HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH ChicMarket.
THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON ChicMarket SERVICES OR ITEMS PURCHASED THROUGH ChicMarket, FROM INABILITY TO USE ChicMarket'S SERVICES OR ITEMS PURCHASED THROUGH ChicMarket, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ChicMarket'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS, INCLUDING THE EXCLUSION OF IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of ChicMarket, You should discontinue Your use of ChicMarket.
Disclaimer of Warranty and Liability Regarding Purchases from ChicMarket
All new products are sold with the manufacturer's limited warranty only. ChicMarket warrants solely that the products sold to You under these terms shall have the characteristics specified in ChicMarket's specifications for such products as set forth in the description of each item and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request to ChicMarket.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, ChicMarket MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY ChicMarket OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT ChicMarket SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY ChicMarket. IN NO EVENT SHALL ChicMarket BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
You agree to indemnify, defend, and hold ChicMarket and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of ChicMarket or any of the services offered by ChicMarket, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.
A system outage has occurred if no purchases can be made or Games played due to an unforeseeable disruption in a system. ChicMarket is not responsible for any costs incurred by You due to a system outage. ChicMarket reserves the right to cancel purchases affected by a system error, fraud, technical problems, or any other reasonable reason.
With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. ChicMarket, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. ChicMarket shall not be liable for any damage incurred by users or third parties from using ChicMarket's services. In particular, ChicMarket shall not be liable for damage that occurs due to purchases not being received or not being received promptly as a consequence of technical errors or for Games interrupted and the discount You may have received.
ChicMarket's logos are trademarks of ChicMarket.com. All rights are reserved. Any trademarks appearing on ChicMarket are the property of their respective owners.
Service and Support for Products Purchased
All requests for technical service and support on products purchased on ChicMarket should be made directly to the manufacturer in accordance with their terms and conditions.
By agreeing to these Terms & Conditions, You and ChicMarket each waive the right to a jury trial or to participate in a class action. Further, You agree that any and all disputes, claims, and causes of action relating in any way to Your use of ChicMarket, including Your use prior to agreeing to these Terms & Conditions, or to any products sold by ChicMarket will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify.
You agree that any and all claims, disputes, and causes of action between You and ChicMarket, including those relating to Your use of the ChicMarket website or these Terms & Conditions (each a "Dispute" and collectively, "Disputes"), shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with ChicMarket regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the "Notice of Dispute") to ChicMarket in a manner specified in the "Notices" section below. If ChicMarket and You do not reach an agreement regarding a Dispute within 30 days following ChicMarket's receipt of the Notice of Dispute, ChicMarket and You agree to submit such Dispute to binding arbitration, on an individual basis, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA rules"). The AAA rules are available online at adr.org. The proceedings shall be governed by the Federal Arbitration Act, and the award shall be final and binding, may be enforced in any court of competent jurisdiction, and shall not be subject to appeal.
During the arbitration, the amount of any settlement offer made by ChicMarket or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or ChicMarket is entitled.
ChicMarket will pay the arbitration filing fee for Disputes involving less than $75,000, unless the arbitrator determines the claims are frivolous. If the arbitrator finds that Your claim is frivolous or brought for an improper purpose then the payment of all fees will be governed by the AAA rules. In such case, You agree to reimburse ChicMarket for all monies previously disbursed by ChicMarket that are otherwise Your obligation to pay under the AAA rules. In addition, if You initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. For claims totaling less than $10,000, You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. Unless ChicMarket and You agree otherwise, any arbitration hearings will take place in the county where you live. Except as otherwise provided for herein, ChicMarket will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above.
In the event of a finding in Your favor, ChicMarket agrees to pay Your attorney, if any, and reimburse any expenses, including expert witness fees and costs that Your attorney reasonably accrues for investigating, preparing, and pursuing Your claim in arbitration. If the arbitrator issues You an award that is greater than the value of ChicMarket's last written settlement offer made before an arbitrator was selected then ChicMarket will pay You the greater of the award or $10,000 and pay Your attorney twice the amount of attorney's fees and reimburse any reasonable expenses incurred by Your attorney related to Your representation. This right to attorneys' fees and expenses supplements any right to attorneys' fees and expenses You may have under applicable law. Thus, if You would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding You that amount. However, You may not recover duplicative awards of attorneys' fees or costs. Although under some laws ChicMarket may have a right to an award of attorneys' fees and expenses if it prevails in arbitration, ChicMarket agrees that it will not seek such an award.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and ChicMarket agree that each may bring claims against the other only in Your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both You and ChicMarket agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Agreement to the contrary, ChicMarket agrees that if ChicMarket makes any future change to this arbitration provision (other than a change to the Address provided in the "Notices" section below) You may reject any such change by sending us written notice within 30 days of the change to the Address provided in the "Notices" section below. By rejecting any future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this provision.
Applicable Law / Severability Clause
This Terms & Conditions Agreement and Your use of ChicMarket shall be governed by the laws of the United States of America and the State of Oklahoma. Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in Oklahoma. You agree to accept the jurisdiction of such courts.
ChicMarket will follow all applicable laws for the sale of goods in the countries in which it operates.
VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account with ChicMarket while located in a prohibited jurisdiction, You will be in violation of the law and these Terms & Conditions and subject to having Your account suspended or closed permanently. You agree that ChicMarket cannot be held liable if laws applicable to You restrict or prohibit Your participation.
The UN Convention on the International Sale of Goods shall not apply.
If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable, or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.
Protection of Data: Collection, Processing, and Use of our Customers' Personal Information
You are subject to all laws of the state in which you reside and from which you access the ChicMarket site and are solely responsible for obeying those laws. You agree ChicMarket cannot be held liable if laws applicable to you restrict or prohibit your participation. ChicMarket makes no representations or warranties, implicit or explicit, as to your legal right to access or participate on ChicMarket nor shall any person affiliated, or claiming affiliation, with ChicMarket have authority to make any such representations or warranties. ChicMarket reserves the right, but has no obligation, to monitor the location from which you access the ChicMarket site and to block access from any jurisdiction in which participation is illegal or restricted.
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to ChicMarket by You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to ChicMarket.com, 1601 NW Expressway, Oklahoma City, OK 73118, or by email to firstname.lastname@example.org.