Terms & Conditions

Last updated: September 20, 2016

Welcome to our online shop! This shop is owned and operated by Araca Merchandise L.P.. Like you, everyone at Araca is a huge fan of entertainment. We specialize in creating online shops that help fans pursue their passion for collecting. Thank you for visiting and have a great time!

Araca Merchandise L.P. and/or its affiliates (“Araca,” “we,” “us,” or “our”) provide website features and other products and services to you when you visit or shop, use products or services purchased from us, or use our mobile sites (collectively, the “Services”). We provide the Services subject to the following conditions.

Your Acceptance of Terms.

If you do not agree with any of these Terms of Use please do not use our Services. By using our Services, you agree to these terms and conditions. These terms and conditions govern how you can use our Services, and include how we settle disputes between us. Please read them carefully.

Some of our Services may be subject to additional terms and conditions, and when you use such services you will also be subject to such additional terms and conditions. Such additional terms will not change or replace these Terms of Use, unless otherwise expressly stated.

How To Contact Us.

If you need to get in touch with us regarding our privacy policy or terms of use, please email us at privacy@araca.com or write to us at Araca Merchandise L.P., 545 West 45th Street 10th FL, New York, New York 10036.

If you would like to contact us about an order, additional product information, or for help with our web site, please fill out our Contact Us form and we will respond within one business day.

If you would like someone to call you back concerning an order, or for help with our web site, please call us at (914) 595-6035. When you leave a message, please state that you are calling about the Breaking Bad Store, and please include your name, phone number, the best time to call, and your order number (if applicable).

Your Account.

To use some of our Services, you may be asked to register for an account. Your account registration information must be correct, current, and complete at all times. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. We sell a variety of products, but we sell them to adults, who can purchase them with a credit card or other permitted payment method. If you are under 18, or the age of majority in your country, you may use the Services only with the involvement of a parent or guardian. In all cases, the adult would be the user and is responsible for any and all activity. We reserve the right to refuse service, terminate or suspend your account, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property.

The shop and content on the Services, such as video, text, photos, graphics, characters, logos, and button icons, are protected under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned by us or our licensors or suppliers.

Your Use of the Services.

Subject to your compliance with these Terms of Use and your payment of any applicable fees, we or our content providers, licensors or suppliers, grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal use of the Services. This license expressly prohibits any of the following:

• the resale or commercial use of the Services, or its contents;
• any collection and use of any product listings, descriptions, or prices;
• any derivative use of any of the Services or its contents;
• any downloading or copying of account information for the benefit of another merchant;
• the copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting, storing, or transmitting any of the Services or its contents, in any form or by any means;
• framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form);
• the use of any meta tags or any other “hidden text” utilizing our or our licensees’ or suppliers’ names or trademarks;
• any use of data mining, robots, or similar data gathering and extraction tools;
• decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software.

All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms of Use.

Reviews, Comments, Communications, and Other Content.

Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; upload photos and personal information such as names and addresses to customize merchandise for purchase; and submit suggestions, ideas, comments, questions, or other information. Please act responsibly when using the Services. You may only use our Services and its contents for lawful purposes and in accordance with applicable law. Additionally, you agree that you will not and will not attempt to:

• provide content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
• provide content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”; or
• use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

We reserve the right (but not the obligation) to remove or edit such content, but do not review all posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Araca a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Araca and sublicensees the right to use the name that you submit in connection with such content, if we or they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Araca, and its licensees and suppliers, for all claims resulting from content you supply. We take no responsibility and assume no liability for any content posted by you or any third party.

Terms of Sale.

By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request made by you.

Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept, modify or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price.

All features, specifications, products, prices of products and services, discounts, promotions and offers described in our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right to modify the final sale date of any products sold for a limited period of time without notice to you, including by ending the sale period earlier than originally advertised, or by extending it beyond the originally advertised final sale date. Products are available while supplies last, and may only be available to be shipped to certain territories. All prices and products advertised are subject to change.

Shipping & Delivery.

For more information about our policies on shipping and delivery, please click here.

Taxes & Fees.

You are responsible for payment of all taxes and import fees related to any products purchased and/or shipped from the U.S. to a country outside the U.S., including as applicable, sales tax, VAT, GST/HST, import fees, and duties. For more information about applicable taxes, please click here.

Returns & Exchanges.

Our goal is your complete satisfaction of our Services. For more information about our policies on returns and exchanges, please click here.

Product Descriptions.

We try to be as accurate as possible when describing our products. However, we do not warrant that product descriptions or other content of the Services are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition, subject to the terms of the Returns & Exchanges policy.

Risk of Loss.

All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier, or if such items are shipped outside the U.S., then risk of loss and title pass to you when they clear customs.

Claims of Copyright Infringement.

If you believe that any content appearing in this shop infringes your copyright, we want to hear from you. Please send your complaint with the following information in writing to our Copyright Agent at the address listed below:

• your name, address, telephone number, and e-mail address;
• a description of the copyrighted work that you claim has been infringed;
• the exact URL or a description of each place where alleged infringing material is located;
• a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
• a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.

Copyright Agent: Araca Merchandise L.P. 545 West 45th Street, Floor 10, New York, NY 10036 Fax: (212) 504-8091 Email: copyright@araca.com

Araca seeks to preserve any and all exemptions from liability that may be available under copyright laws, but do not necessarily stipulate that it is a service provider as defined in 17 U.S.C Section 512(c) or elsewhere.

Third Party Services.

The Services may be provided through third party platforms, or interact with or include third party applications, websites, widgets, software and other services, all of which we refer to as “Third Party Services.” Third Party Services can refer to anything from advertisements and promotional offers from third parties to third party links or applications included in the Services. These Third Party Services may contain information or material that you may find inappropriate or offensive. You understand and agree that we are not responsible or liable for the behavior, availability, features or content of any Third Party Service. These Third Party Services are not owned or controlled by us – they are owned by third parties unrelated to us. The inclusion of such Third Party Services does not imply endorsement by us or any association with our operators. We cannot ensure that you will be satisfied with any products or services that you purchase from any Third Party Services. Your use of these Third Party Services is at your own risk and subject to the separate terms of use of these Third Party Services. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any interactions or online transactions with any the Third Party Services.

E-Communications.

When you use the Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties.

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND OTHER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Araca AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE DO NOT WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability.

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Araca, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, LICENSORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

Security.

Any usernames and passwords used for the Services are for individual use only. You are responsible for the security of your username and password. You will not place an order on the Services with an invalid or stolen payment mechanism. You will not use any software, tools, services or facilities to compromise our Services’ security, or tamper with our systems or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Investigations.

We reserve the right to investigate suspected violations of these Terms of Use, including any violation arising from any submission, posting or e-mails you make or send to us. We may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from our servers as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate. In our sole discretion, we will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Araca, ITS SUBSIDIARIES AND AFFILIATES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

Governing Law.

By using the Services, you agree that the Federal Arbitration Act of the United States, applicable United States federal law, and the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us. If you reside outside the U.S., and to the extent applicable law does not allow the aforementioned, then the applicable laws of the country in which you reside will govern these Terms of Use, and any disputes will be submitted to the courts of competent jurisdiction of the country in which you reside.

Dispute Resolution.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND US HAVE AGAINST EACH OTHER ARE RESOLVED.

To the extent permitted by applicable law, any dispute or claim relating in any way to your use of the Services, or to any products or services sold or distributed by us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act of the United States and U.S. federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following: Araca Merchandise L.P., 545 West 45th Street, Floor 10, New York, NY 10036, Attn: CEO. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Modifications, Entire Agreement and Severability.

We reserve the right to modify, limit or discontinue, temporarily or permanently, all or any part of the Services, with or without notice to you, at any time. Please note, your continued use of the Services will be deemed as acceptance of the Terms of Use as modified.

These Terms of Use supersede all prior agreements, oral or written, and constitute the entire agreement between us relating to the subject matter of these Terms of Use. However, you acknowledge that other aspects of your use of the Services may be subject to separate agreements with us, including, for example, contest and sweepstakes or gift card rules.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.