Términos del servicio

1. Agreement to These Terms

Funmax LLC, doing business as Mintbrain Collectibles (“Mintbrain Collectibles,” “we,” “us,” or “our”), is a retailer of collectibles (the “Products”). These Terms of Service (the “Terms”) are a binding agreement between you and us. They govern your access to and use of www.mintbraincollectibles.com and all other sites, mobile sites, applications, platforms, and tools where these Terms appear or are linked (together, the “Site”), as well as your account, your orders, and any related services we provide (together with the Site, the “Services”).

By creating an account, placing an order, purchasing Products, accessing or using the Site, or otherwise indicating your acceptance, you confirm that (1) you have read, understood, and agree to be bound by these Terms; (2) you are of legal age to form a binding contract; and (3) you have the authority to enter into these Terms, whether for yourself or for the entity you represent. If you do not agree, do not access or use the Site or order any Products.

We may revise these Terms at any time by posting the updated version at https://mintbraincollectibles.com/policies/terms-of-service and updating the “Last updated” date above. Revisions apply from the time they are posted. Your continued use of the Site or purchase of Products after that point means you accept the revised Terms. The Terms in effect when you place an order apply to that order. Please check this page regularly.

These Terms incorporate our Refund Policy, Shipping Policy, and Privacy Policy, which are posted on the Site. If these Terms conflict with any of those policies, the policy that is more specific to the issue controls.

2. Orders, Acceptance, and Pricing

Your submission of an order is an offer to purchase Products. We may accept your offer by processing your payment and shipping the Products, and we may decline or cancel any order for any reason. If we decline or cancel an order, we will refund any amount already charged for it and may attempt to notify you at the email address you provided.

We work to keep information on the Site complete and accurate. The Site may contain pricing, typographical, or other errors, and we may correct them at any time, including after you place an order, without liability. If we correct an error that affects your order, we may cancel it and refund you in full, and that refund is your sole remedy. Product images and colors are shown as accurately as we can, but we cannot guarantee that your screen displays them accurately.

Prices, quantities, descriptions, and availability may change at any time without notice. Products shown may be out of stock or discontinued, and we do not guarantee that any Product will be available. We may discontinue any Product, and may limit sales to any person, household, region, or jurisdiction, in our sole discretion. Any offer on the Site is void where prohibited. Taxes are calculated at checkout.

3. Pre-Orders

Pre-order Products are charged at the time of purchase. Any shipping date shown on the Site is an estimate, not a guarantee, and a delay is not a breach of these Terms. If we expect to ship later than the date shown, we will notify you by email, and you may cancel your pre-order for a full refund. A cancellation and refund under this section is your sole remedy for any delay.

4. Oversale and Order Cancellation

Technical errors, inventory management, or the sales platforms we use may occasionally cause a Product to be oversold. We do not accept responsibility for errors that originate in third-party systems outside our direct control. We reserve the right to cancel any order, in whole or in part, because of oversale, inventory error, pricing error, or supply issues. In that case we will refund the amount you paid for the canceled portion. That refund is your sole remedy.

5. Shipping, Title, and Risk of Loss

We currently ship only to addresses in the United States. Shipping costs are paid by the buyer and are added to your order at checkout.

Orders are processed immediately after submission and cannot be changed or modified. You are responsible for providing a complete and accurate shipping address. We are not responsible for delays, non-delivery, or additional shipping charges caused by an incorrect or incomplete address you provided.

All Products are deemed accepted by you upon shipment. Title to and risk of loss of the Products pass to you when we deliver them to the common carrier. Our obligations for Products that arrive damaged are limited to the exchange described in our Refund Policy.

6. Returns, Exchanges, and Refunds

Because our Products are produced in extremely limited quantities, we do not accept returns, and all sales are final. Products that arrive damaged may be exchanged under the conditions in our Refund Policy, including notice within 7 days of delivery with your order number and photos of the damage. Products and services are subject to return, exchange, or refund only as described in that policy.

7. Payment, Fraud, and Chargebacks

You agree to provide current, complete, and accurate purchase and account information for all purchases and to promptly update it, including your email address, payment card details, and expiration dates, so we can complete your transactions and contact you.

We may cancel or hold any order that we suspect, in our discretion, to be fraudulent, unauthorized, or in violation of these Terms, and may require additional verification before shipping.

If you have a problem with an order, you agree to contact us at info@mintbraincollectibles.com and give us a reasonable opportunity to resolve it before disputing a charge with your bank or card issuer. If you initiate a chargeback or payment dispute, you authorize us to give your bank or card issuer information about your order, delivery, and communications with us. We may also cancel your pending orders and suspend your account, and we may recover our reasonable costs related to the dispute, in each case to the extent permitted by law.

8. Purchase Limits, Resale, and Automated Purchasing

To give as many customers as possible the opportunity to buy Products, we may limit purchases per person, household, address, or payment method. We do not authorize the purchase of commercial quantities of Products, and you may not use bots, scripts, or other automated means to browse or purchase. We may cancel any order, refund it, and stop doing business with anyone who violates this section or whom we reasonably believe is purchasing for resale without our prior written consent.

9. Discounts and Offers

We may offer discounts and promotional offers (“Offers”) from time to time. We decide eligibility in our sole discretion and may revise or revoke any Offer at any time.

10. Product Information and Collectible Nature

Our Products are collectibles. Unless the packaging or product page says otherwise, they are intended for adult collectors and are not toys; they may contain small parts and are not suitable for young children. Follow all age grading and warnings on packaging.

Minor variations in paint, color, finish, and packaging are a normal result of manufacturing and are not defects. We make no representation that any Product will hold, retain, or increase in value. We do not guarantee the authenticity or condition of any Product that you obtain from anyone other than us.

11. Modifications to the Products, Site, and Prices

We may change prices, or modify, suspend, or discontinue any Product or part of the Site, at any time and without notice. We are not liable to you or any third party for any such change, suspension, or discontinuance. If you object to a change, your sole recourse is to stop using the Site.

12. Ownership of Intellectual Property

The materials, information, and content made available through the Site (“Our Content”) are copyrighted by us or our licensors under U.S. and international law, are subject to other intellectual property and proprietary rights, and are owned by us or our licensors. You may not copy, modify, reproduce, republish, post, transmit, sell, offer for sale, or redistribute Our Content in any way without our prior written permission and that of our applicable licensors. You must comply with all copyright notices and restrictions in Our Content and may not remove or alter them.

Names, logos, characters, and other materials displayed on the Products or the Site are trademarks, trade names, service marks, or logos (“Marks”) of Mintbrain Collectibles or of other entities, including our licensors. Ownership of all Marks and the goodwill associated with them remains with us or those entities, and you may not copy, modify, or otherwise use them.

13. User Conduct

You agree not to take any action, or make available any content on or through the Site, that (a) violates any third-party right, including any intellectual property or proprietary right; (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (c) constitutes unauthorized or unsolicited advertising, junk, or bulk email; (d) involves commercial activities or sales without our prior written consent; (e) impersonates any person or entity; or (f) interferes with or disrupts the Site or its security.

14. Right to Suspend or Terminate

We may, in our sole discretion, suspend or terminate your account, your access to the Site, or the shipment of Products to you at any time and for any reason, including as necessary to protect the security or operation of the Services. We are not liable to you or any other party for any such suspension or termination.

15. Feedback

If you give us ideas, suggestions, criticisms, or other feedback about the Products, Services, or Site (“Feedback”), you agree that we may use it to improve our Services and Products and to promote them, and that you are owed no compensation. To the extent we hold your name, likeness, or voice in connection with Feedback, we may use them in the same way. You grant us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made, and otherwise exploit the Feedback in any form, media, or technology, now known or later developed, and to allow others to do the same. This applies whether you provide Feedback on the Site or by any other means, unless we have entered into a separate written agreement with you.

16. Privacy

Our Privacy Policy, at https://mintbraincollectibles.com/policies/privacy-policy, describes how we collect, use, and disclose personal information, including how we market our Services. Please review it.

17. Third-Party Content and Other Websites

Content from other users, suppliers, advertisers, and other third parties may be made available through the Site. We do not control that content and are not responsible for it. We make no guarantees about its accuracy, currency, suitability, or quality, and we assume no responsibility for content that is inaccurate, misleading, objectionable, or unlawful, or that violates third-party rights.

The Site may link to websites we do not operate. We are not responsible for the content, products, materials, or practices (including privacy practices) of those websites. Links are provided for convenience only and do not imply endorsement or any association with their operators. Some linked websites may be operated by us under different terms of use. It is your responsibility to review the privacy policy and terms of any website you visit. We are not liable to you in connection with any third-party website, content, product, material, or practice.

18. DISCLAIMER OF WARRANTIES

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY MINTBRAIN COLLECTIBLES “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMITTED BY LAW, MINTBRAIN COLLECTIBLES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR ANY CONTENT, PRODUCTS, OR SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOUR USE OF THE SITE AND OF PRODUCTS PURCHASED THROUGH THE SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE PRODUCTS OR SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA RESULTING FROM ANY MATERIAL DOWNLOADED IN CONNECTION WITH THE SITE OR OUR CONTENT.

No advice or information, oral or written, that you obtain from us creates any warranty not expressly stated in these Terms. Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you, and you may have additional rights that vary by state. To the extent we cannot lawfully disclaim an implied warranty, its scope and duration will be the minimum permitted by applicable law.

19. LIMITATION OF LIABILITY

You acknowledge that we are willing to collect payment, facilitate fulfillment, and provide access to the Site only if you agree to these limitations of liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA, OR OPPORTUNITIES, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE OR ACCESS, THE SITE OR THE PRODUCTS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THE PRODUCTS WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU PAID US FOR THE ORDER GIVING RISE TO THE CLAIM OR (II) ONE HUNDRED DOLLARS (U.S. $100.00).

If you are dissatisfied with any portion of the Site, your sole and exclusive remedy is to stop using it. We are not liable for any information on any other site linked to the Site.

Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties, so some of these limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law, and in such cases our liability is limited to the minimum extent permitted.

20. Force Majeure

We are not liable for any delay or failure to perform resulting directly or indirectly from causes beyond our reasonable control, including acts of God, internet, computer, telecommunications, equipment, or power failures, strikes, labor disputes, riots, insurrections, civil disturbances, terrorism, war, embargoes, shortages of labor, materials, transportation, fuel, or energy, fires, floods, storms, explosions, accidents, acts or orders of governmental, civil, or military authorities or domestic or foreign courts, supplier or manufacturer delays, or non-performance of third parties.

21. Indemnification

You agree to indemnify, defend, and hold harmless Mintbrain Collectibles and our parents, subsidiaries, affiliates, officers, directors, members, co-branders, partners, employees, consultants, and agents from and against all third-party claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees and court costs, arising from or related to: (i) your breach of these Terms; (ii) your violation of any law or of the rights of any other person or entity; (iii) any content or materials you submit or upload to the Site; (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, or similar harmful code you introduce into the Site; or (v) your misuse of the Products or the Site, in each case except to the extent prohibited by law.

22. Governing Law, Venue, and Dispute Resolution

Governing law. These Terms and any dispute related to them or to the Services or Products are governed by the laws of the State of Florida, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before filing any claim, you agree to send us written notice describing the dispute and your requested resolution to info@mintbraincollectibles.com, and to allow us 30 days to try to resolve it.

Exclusive venue. Any legal action or proceeding arising out of or related to these Terms, the Services, or the Products must be brought exclusively in the state or federal courts located in the State of Florida. You consent to the personal jurisdiction of those courts and waive any objection based on venue or inconvenient forum.

Time limit. To the extent permitted by law, any claim must be filed within one (1) year after it arises, or it is permanently barred.

Jury waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, OR THE PRODUCTS.

Injunctive relief. You acknowledge that we may seek an injunction or other equitable relief in any court of competent jurisdiction to stop or prevent a breach of your obligations under these Terms.

23. Copyright Policy

We respect the intellectual property of others and ask you to do the same. We have adopted a policy of removing infringing materials and, in appropriate circumstances, terminating the access of users who are repeat infringers of intellectual property rights, including copyrights. We will disable or terminate your access to the Site if you repeatedly infringe, or are repeatedly charged with infringing, such rights.

24. Electronic Communications

By using the Site or placing an order, you consent to receive communications from us electronically, including order confirmations, shipping notices, and notices about these Terms, and you agree that these communications satisfy any legal requirement that they be in writing. Marketing communications are subject to our Privacy Policy and to your opt-out choices.

25. General Terms

Assignment. These Terms are personal to you, and you may not assign, transfer, or delegate your rights or duties under them. Any attempt to do so is void. We may assign these Terms, in whole or in part, without notice or consent, including in connection with a merger, acquisition, or sale of assets.

No waiver. Any delay or failure by us to exercise or enforce a right or provision does not waive it. A waiver is effective only if in writing and signed by us, and a waiver of one breach is not a waiver of any other breach.

Severability. If a court of competent jurisdiction finds any provision of these Terms, or any part of one, unenforceable, that provision will be enforced to the maximum extent permissible, and the rest of the Terms will remain in full force and effect.

Entire agreement. These Terms, together with the policies incorporated by reference, are the complete and exclusive agreement between you and us on their subject matter and supersede all prior oral or written understandings, communications, and agreements.

No third-party beneficiaries. These Terms do not create rights for anyone other than you and us, except for the persons expressly protected in the indemnification and limitation of liability sections.

Headings. Headings are for convenience only and have no binding effect.

26. Survival

Even after your rights under these Terms are terminated, all provisions that by their nature should survive will survive, including ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, and the dispute resolution provisions.