Terms and Conditions
1. Interpretation
1.1 In these Terms:
“Company” means Trace ‘n Chase SA
“Customer” means the purchaser of Goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer.
“Terms” means these terms and conditions of sale.
2. Application
2.1 These Terms apply to all the sales of Goods by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
3. Prices
3.1 Prices are determined at the time of order and are subject to change without notice.
3.2 Prices are final and include all government and state taxes and any other cost incurred until delivery to the Customer’s designated point of delivery.
3.3 The Company reserves the right to cancel any sale based on incorrect pricing on its website at the time of order.
3.4 Transactions should always be made in good faith as both the Company and Customer intended. If you see an item that is mispriced, fraudulent, misidentified, or is otherwise listed in error, please contact us to alert us of the issues. Sales made in error may be canceled and reversed at our discretion.
4. Payment
4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
4.2 A deposit of 100% of the invoice price must be paid when placing an order.
4.3 All Sales are Final, including orders that include items/products that are marked “Coming Soon” or “Pre-order”.
5. Delivery
5.1 The Customer is given the opportunity to choose his preferred shipping method. The Company regularly offers shipping options via Hellenic Post, DHL, TNT/FEDEX and local pickup. The Company has to follow the Customer’s instructions regarding shipping and ship the Customer’s order using the Customer’s preferred shipping method at all times.
5.2 In the case of local pickup, the Customer has to visit the Company’s registered address to pickup the order. Alternatively, the Customer can send an authorized representative to pickup the order on the Customer’s behalf. Finally, by choosing the “local pickup” method of shipping, the Customer reserves the right to instruct its own shipping company to pick up the order.
5.3 All Customers will be notified for the exact delivery period before shipping of the Goods. The estimated period of delivery for all Customer orders is between two (2) and twenty (20) working days, depending on Customer’s stated shipping address.
5.4 The estimated period of delivery stated above is not binding for the Company under any circumstances.
SHIPPING OPTIONS | ||
DHL | Local Pickup | |
Greece | ||
up tp 99€ | 5,99 € | – |
from 99€ to 299€ | 7,99 € | – |
more than 299€ | – | – |
EU | ||
up tp 99€ | 16,99 € | – |
from 99€ to 299€ | 21,99 € | – |
more than 299€ | – | – |
Rest of the World | ||
up tp 99€ | 24,99 € | – |
from 99€ to 499€ | 29,99 € | – |
more than 499€ | – | – |
Items marked as “Oversized Item” come with a flat shipping fee as follows: Greece – €19.99, Εuropean Union – €19.99, Rest of the World – €19.99. The flat oversized item shipping fee will be applied to each order as an addition. The flat oversized item shipping fee is not waived when the order total qualifies for free shipping.
6. Title
6.1 Legal and beneficial ownership of the Goods will pass to the Customer on delivery of the Goods at the Customer’s designated point of delivery.
7. Risk and Insurance
7.1 The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection.
7.2 The Company must, at its own expense, maintain the Goods and insure them for the benefit of the Customer against theft, breakdown, fire, water and other risks as until the moment of delivery to the Customer.
8. Inspection and Returns
8.1 Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
8.2 In case that the Goods are proven to not comply with the relevant specifications or descriptions, the Customer shall return the Goods and the Company will replace the Goods without any additional charge to the Customer.
8.3 For all orders of sealed manufacturer Goods proven to have defects, the Customer needs to address any issues of quality or quantity directly with the manufacturer of the Goods.
8.4 For all orders of Goods that come with a Certificate of Authenticity (COA), the Customer should address any issue regarding the said Goods and the relative COA with the company issuing the COA.
8.5 The Company does not accept returns for all orders of Goods that are considered raw, opened, non-sealed Goods, such as raw trading cards, raw trading cards lots, among others. The Customer should to inspect the condition of the Goods through the images provided by the Company. For any questions regarding such Goods’ condition, the Customer should contact the Company before placing an order. By placing an order for such Goods, the Customer accepts the description as presented on the Company’s website.
9. Cancellations
9.1 All Sales are Final, including orders that include items/products that are marked “Coming Soon” or “Pre-order”.
9.2 No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not more than 20% of the total invoice price of the Goods).
10. Limited Liability
10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
10.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:
(a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
(b) liable for any claim, damage or demand resulting from such non-compliance.
10.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:
(a) replacement or repair of the Goods or the supply of equivalent Goods; or
(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.
11. Warranty
11.1 All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
11.2 On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
12. Force Majeure
12.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
13. Waiver of Breach
13.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.
14. Severability
14.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
15. Governing Law
15.1 These Terms and the Contract shall be governed by the law of Greece and the parties submit to the courts of Thessaloniki, Greece in respect of any dispute arising.
Rewards Program: Terms & Conditions Annex
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY PARTICIPATING IN THE PROGRAM, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS & CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED HEREIN BY REFERENCE, INCLUDING TRACE ‘N CHASE’S TERMS OF USE AND PRIVACY POLICY.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS & CONDITIONS, PLEASE DO NOT PARTICIPATE IN THIS PROGRAM, OR TERMINATE YOUR MEMBERSHIP, AS APPLICABLE.
- ELIGIBILITY AND OVERVIEW
- The Trace ‘n Chase Rewards Program (the “Program”) is offered only on www.tracenchase.com, at the sole discretion of Trace ‘n Chase SA. (“Trace ‘n Chase” or “we”). Your participation in the Program is subject to all present and future Trace ‘n Chase terms and conditions, including the Trace ‘n Chase Rewards Program Terms and Conditions (these “Program Terms”). These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. Program Terms are void to the extent prohibited by law.
- Membership in the Program is open to individuals who are at least 18 years old or the age of majority in the Member’s jurisdiction of residence, whichever is older, for their personal use only, and is limited to one (1) account per individual. You do not need to join the Program in order to purchase products on www.tracenchase.com. Corporations, associations, or other groups may not participate in the Program. Employees of Trace ‘n Chase are not eligible to participate in the Program. Trace ‘n Chase reserves the right at any time to limit the number of participants in the Program or in any individual Program Coupon (defined below).
- By joining the Program and becoming a Program member (“Member” or “you”), you agree that you have read, understand, and agree to be bound by these Program Terms and by any changes or modifications we may make. You should review these Program Terms and the related PROGRAM FAQ’S frequently in order to understand the terms and conditions that apply to the Program, as these may change from time to time. Further by becoming a Member, you also agree to be bound by our website’s TERMS OF USE AND PRIVACY POLICY, all of which are incorporated herein by reference. For the avoidance of doubt, your continued participation in the Program after any changes or modifications have been made to any of the Program Terms constitutes your consent and agreement to be bound by such Program Terms.
- ENROLLMENT
- Eligible individuals may enroll in the Program by creating an account or logging in and agreeing to these Program Terms. By creating an account, you are also creating an account for www.tracenchase.com. Only one (1) account may be associated with a single email address. In the event of a dispute over ownership of an account, the Member will be deemed to be the authorized account holder of the email address submitted at the time he/she joined the Program. For purposes of these Program Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
- You may be required to provide your full name, mailing address, email address, and date of birth and to create a password in order to create an account. You are solely responsible for maintaining the accuracy and privacy of your account information and for updating it as required. To redeem Points for a Reward (as defined below), you must have a valid physical address linked to your account.
- PARTICIPATION AND BENEFITS
- The Program is a way in which we reward and thank our loyal customers for purchasing products from Trace ‘n Chase. You may unlock Program loyalty coupons (each a “Coupon”) by making eligible purchases. You may earn Program points (“Points”) for euros (€) you spend on each qualifying transaction on www.tracenchase.com, excluding federal, state, and local taxes, shipping charges, discounts, and items purchased with a gift card, merchandise credits, or any Rewards or other awards. Trace ‘n Chase may also, at its sole discretion, provide additional Points in connection with certain transactions and promotions. Once you unlock a Coupon, you may be eligible for certain benefits, perks and rewards (collectively, “Rewards”) applicable to that Coupon, which Rewards may change from time to time and may be offered on a limited basis. In order for your eligible purchase or action to qualify for Points, you must be enrolled in the Program, and you must be logged in to your account online prior to making such purchase or taking such action. Information regarding your history, balance, available Coupons etc will be visible by logging into your account while Information regarding qualifying purchases and other actions to unlock applicable Coupons will be posted in the PROGRAM FAQ’S or may be communicated through other media (e.g., via direct mail, marketing communications, social media, etc.). Visit our PROGRAM FAQ’S to learn more about Coupons.
- Points and Rewards earned through the Program have no cash value, are non-negotiable, and cannot be redeemed either in whole or in part for cash. Only the Member paying for products in a qualifying purchase may accumulate Points or Rewards. If you return items from a qualifying purchase or obtain Points through fraudulent or other activity that violates these Program Terms, the appropriate number of Points originally earned from such purchase or activity will be automatically deducted from your Member account balance. Points and Rewards do not constitute property of any Member or any other person and may not be brokered, bartered, pledged, gifted, sold, or otherwise transferred, other than by Trace ‘n Chase or as otherwise expressly provided for in these Program Terms, and any receipt or use of Points or Rewards in violation of these Program Terms will render such Points and Rewards void. Neither Accounts nor Points or Rewards may be shared or combined. Points earned may not be eligible for redemption until twenty-four (24) hours after they are awarded. Points and Coupons are not capable of being combined or transferred to any other type of promotion or award. After eighteen (18) months of inactivity, Points will expire. “Inactivity” is defined as a period in which a Member earns no Points, makes no qualifying purchases, takes no qualifying actions, and redeems no Points.
- We reserve the right to change how you unlock each Coupon and how we evaluate each qualifying purchase and/or action. We further reserve the right to place limits on the number of purchases or actions that are eligible for the Program and/or any applicable Coupon, and/or the number or types of Rewards you may receive or earn in any applicable Coupon, in a given time period or for the duration of the Program, and/or any combination thereof. Some purchases may be excluded from the Program, at Trace ‘n Chase’ discretion.
- If you have concerns that a purchase or other action was not properly applied to your Member account, you should contact Trace ‘n Chase Customer Service at support@tracenchase.com. Your email must specify your name, address, phone number, and email address associated with your account, the date of the purchase or action, and the issue(s) you encountered. This email must be sent within forty-five (45) days after the purchase or action took place. We are not responsible for late notifications regarding purchases or actions not being credited to a Member account.
- You may redeem Points for eligible Rewards by signing into your account. Rewards may only be redeemed for product(s) available at www.tracenchase.com while we reserve the right to offer products available for purchase only by Coupons earned through the Reward System. You cannot combine Rewards with any other coupon or promotion. Rewards cannot be exchanged or returned for another product or service or a monetary refund. Points used to redeem a Reward will be deducted from the total Points available in your Member account. Points may not be used toward purchases of gift certificates, charitable items, promotional value sets, sales tax, or shipping charges. Credits from multiple accounts may not be aggregated unless authorized by Trace ‘n Chase. Taxes on Rewards may apply where required by law. You are solely responsible for any tax liability, including disclosure, related to your participation in the Program, including upon receipt of Points or redemption of Rewards.
- Trace ‘n Chase reserves the right, at any time in its sole discretion and without notice to you, to change Coupons and/or Rewards, how you earn Points and reach each Coupon, and how we evaluate and reward your eligible purchases and other Program action.
- COMMUNICATIONS
- By joining the Program, you will be automatically subscribed to receive and you consent to receive Program emails, including Program marketing emails, from us and/or our partners. Such emails include, but are not limited to, a Program welcome email, redemption confirmation email, an account update email, or other communications that relate to your membership.
- You may opt-out of the Program at any time as set forth in Section 5.5 of these Program Terms; however, you may still receive emails relating to your www.tracenchase.com account, including marketing emails, from us and/or our partners pursuant to your www.tracenchase.com subscription.
- TERMINATION AND MODIFICATION
- The Program and its benefits are offered at Trace ‘n Chase’ sole discretion. We may, in our discretion, cancel, amend, modify, restrict, and/or terminate these Program Terms and/or the Program, or any aspect or feature of the Program, at any time without prior notice, even if such changes may affect Points already earned and/or the value of Rewards already accumulated and/or the ability to earn Points and/or redeem Rewards.
- Membership may be revoked by Trace ‘n Chase, in its sole discretion, at any time. Any abuse of the Program; failure to follow any of these Program Terms; membership inactivity for more than eighteen (18) months; misrepresentation; or conduct that may be detrimental to Trace ‘n Chase or our interests may result in the revocation of your membership and make you ineligible for further participation in the Program. If, in our sole discretion, we suspect fraud, misrepresentation, abuse, or violation of these Program Terms, we also have the right to take appropriate legal action.
- If Trace ‘n Chase terminates the Program or your membership is revoked, any Points or Rewards in your account or available to you prior to such termination or revocation will automatically expire, and your access to the Program and its features will automatically terminate, in Trace ‘n Chase’ sole discretion.
- Qualifying purchases and actions, as reflected in Trace ‘n Chase’ records, shall be deemed correct, and Trace ‘n Chase reserves the right to determine the qualification for any transaction and to correct or modify the Reward at any time based on Trace ‘n Chase’ records and calculation of account information.
- If you decide you no longer want to be part of the Program, you may cancel your membership at any time by contacting Trace ‘n Chase Customer Service at support@tracenchase.com. Your email must specify your name, address, phone number, and email address associated with your account, and confirm that you wish to be removed from the Program. It may take up to thirty (30) business days for your cancellation to complete. You acknowledge and agree that, upon cancellation of your membership, you forfeit any Points you may have earned and/or any Rewards that might otherwise have been available to you during your continued participation in the Program. If you wish to return to the Program after cancelling your membership, you will be required to join the Program again starting with no Points or available Rewards.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- Neither Trace ‘n Chase nor its parent company, subsidiaries, affiliates, directors, employees, agents, partners, or licensors makes any representations or warranties of any kind whatsoever, express or implied, in connection with these Program Terms or any of the Rewards associated therewith, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose. We make no warranties that defects or errors will be corrected.
- You agree that neither Trace ‘n Chase nor its affiliates, directors, employees, agents, partners, or licensors will be responsible for or liable (in contract, warranty, or in tort (including negligence)) for any (a) interruption of business; (b) access delays or access interruptions to the Program; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction, or other modification; (d) loss or damages of any sort incurred as a result of dealing with or the presence of any third-party links on the Program site or on www.tracenchase.com or use of any Reward of the Program; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Program site or www.tracenchase.com, including during hyperlink to or from third-party websites; (f) any inaccuracies or omissions in Program content; or (g) events beyond our reasonable control, including without limitation any act of God, act of war, natural disaster, cyberattacks, terrorism, or any act or omission of a third party.
- You agree that neither Trace ‘n Chase nor its affiliates, directors, employees, agents, contractors, contractual partners, providers, or licensors shall be responsible to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other tangible losses (even if Trace ‘n Chase had been advised of the possibility of such damages), related to the Program or your participation therein, whether in contract, warranty, or in tort (including negligence) even if Trace ‘n Chase has been advised of the possibility of such damages, and in no event shall Trace ‘n Chase’ maximum aggregate liability for such claims exceed one hundred euros (EUR€100.00).
- You further agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, your participation in the Program, use of any Rewards or these Program Terms may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you are dissatisfied with the Program, termination of your membership is your sole remedy. We have no other obligation, liability or responsibility to you.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. This Section 6 will survive termination of a Member’s participation in the Program.
- INDEMNIFICATION
- You agree to defend, indemnify and hold harmless Trace ‘n Chase, its affiliates, subsidiaries, directors, employees, agents, partners, contractors, contractual partners, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorneys’ fees) made by any third party due to or arising out of your participation in the Program in violation of any law, rule, regulation, guideline, or these Program Terms, and/or your violation of any rights of another.
- CHOICE OF LAW AND DISPUTE RESOLUTION
- The Program and these Program Terms are governed by laws of the country of Greece, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the federal courts within Greece for any claims arising out of or relating to the Program or your participation therein or the Program site.
- PRIVACY
- The personal information collected from you in connection with the Program, including but not limited to your Program membership registration data and purchases made in connection with your Program membership, is subject to our PRIVACY POLICY.
- CONTACT US
- For more information about the Program and your Program membership, please contact us at support@tracenchase.com. You may also find answers to your Program-related questions in our PROGRAM FAQ’S. We are not responsible for requests or correspondence that is lost or delayed in the mail or via the Internet.