Terms & Conditions
By using, accessing, or purchasing from this website ("Site"), which is owned and operated by Geek Crate, Inc. (herein referred to as "Geek Crate" or "Geek Crate"), you acknowledge that you have read, understood, and agree to the following Terms of Service ("Terms" or "Agreement"). If, at any time, you do not agree to these Terms, please do not use this Site. Geek Crate reserves the right to revise these Terms at any time by updating this posting. Please read and review these Terms periodically. As a condition of your use of this Site, you agree that you are at least 18 years of age or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site via a browser. We reserve the right to revise the products and services available on the Site and to impose rules for and limits on use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.
Geek Crate reserves the right to change these terms & conditions of use at any time without notice.
By accessing or using any part of the site, you accept these terms, without limitation or qualification. You may not use any portion of the site if you do not agree with all of the terms set forth below. Price information found on this site is subject to change without notice.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Use of the Website
We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database (powered by CCAvenue) only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After the transaction your private information is not stored.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and Geek Crate has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to your whether or not such access to and use of the this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Geek Crate of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
You may receive emails regarding your account or promotions for special offers, including third party offers.
Price and Payment
All prices shown are inclusive of VAT (where applicable) and are correct at the time they are entered on to the system. We reserve the right, however, to change prices at any time without notice to you. Payment can be made by any major credit or debit card, net banking and Cash on Delivery. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
Billing and Payments
As a Member, you agree to the following benefits and Terms:
User Generated Content
By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant Geek Crate a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of Geek Crate. You acknowledge and agree that you are solely responsible for all the user data that you make available through Geek Crate. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Geek Crate the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or Geek Crate use of your uploaded data (or any portion thereof) on, through or by the means of Geek Crate will infringe, misappropriate or violate a third partys' patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
Limitation of Liability
Neither Geek Crate nor its celebrity spokespersons shall be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site or materials on or provided through the site, even if Geek Crate has been advised of the possibility of such damages. In no event will Geek Crate's liability to you exceed the amounts that you paid to Geek Crate in connection with your Geek Crate membership. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Geek Crate shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Geek Crate shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Geek Crate shall immediately issue a credit to your credit card account in the amount of the charge.
Geek Crate has no liability on injury or damage caused by products within the crate. These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by Geek Crate without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet is taxable.
Use of Site
Use of the Site for any illegal or unauthorized purpose is strictly prohibited.
You agree to indemnify, defend, and hold harmless Geek Crate, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.
Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:
- if an individual, be 18 years of age or over; and
- register your real name, address, phone number, e-mail address any other details requested.
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
The content of the Website is protected by copyright, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
Gift with Products Promotions
Where we are offering a free gift with a product, we shall only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for a gift of equivalent value.
In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to 'purchase' the free gift without purchasing the product it is provided free with and any attempt to 'purchase' the free gift will be cancelled (notwithstanding any automated communication you may eceive acknowledging your order). In the unlikely event that the free gift is despatched to you, you shall be obliged to return the free gift upon written request.
These Terms form the entire basis of any agreement reached between you and us.