____________________________________________________________

Terms & Conditions – Metal-CreditCard.com

____________________________________________________________

In General

Metal-CreditCard.com (“MCC”) owns and operates this Website. This document governs your relationship with Metal-CreditCard.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by Metal-CreditCard.com. Metal-CreditCard.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at [Privacy Policy]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Metal-CreditCard.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Metal-CreditCard.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Metal-CreditCard.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By submitting an order you are offering to purchase a service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Metal-CreditCard.com you must be over 18 years of age and possess a valid plastic debit, credit or prepaid payment card issued by a bank or credit card company acceptable to us. Metal-CreditCard.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Metal-CreditCard.com or may in some cases be a third party. Where a contract is made with a third party Metal-CreditCard.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you submit an order, you will receive a confirmation e-mail confirming receipt of your order and payment option details to complete payment: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you a “payment confirmation” by e-mail that the goods which you ordered have been purchased and shipped; or our design department has flagged your custom card order as approved. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Payment

Upon submitting your order, MCC will carry out a standard email notification providing to you all acceptable payment options avilable at that time to fulfill the transaction. Once the order has been paid you will be sent a follow-up email confirming the monies paid as a deposit used as consideration for the value of goods you have purchased as listed in the confirmation email.

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

(d) Manufacturing, Quality Control and Possible Imperfections

Metal-CreditCard.com manufacturing standard operating procedures require that all final products pass through a Quality Control Inspection. Due to the nature of the product being created, custom metal payment cards, it is possible to encounter slight imperfections, burs, mislabeling and misspellings during the manufacturing process. The company holds a high standard for the final product. Yet, we cannot guarantee all cards will be perfect and or flawless. Some imperfections, burs, mislabeling and spelling mistakes are expected. However, tolerances have been set to ensure the highest level of customer satisfaction. In the event that a client experiences any of the aforementioned issues they are asked to contact CustomerService@Metal-CreditCard.com to request a resolution.

(e) Card Construction, Scuffing, Scratched and Normal Wear & Tear

All card upgrades created by Metal-CreditCard.com are constructed of 100% Stainless Steel Cores. Due to the nature of the card body construction, i.e. card rigidity/stiffness, the metal card body/face may encounter an undetermined degree of scuffing or scratches when used at publicly shared (POS) “point of sale” Swipe/EMV terminals. Publicly shared “POS” terminals require the user to swipe or dip their payment card through or into a card reader.

In order for a card to be read, the user must utilize their hand to provide the momentum to “swipe” a card through a reader or insert it into a reader; like at the gas station pump. It is the friction produced by the swiping of the card through the reader or into the reader that may cause potential scuffing and scratches. Therefore, scuffs and scratches are an inherent property of the payment tool itself.

Minor Scuffing and scratched are to be expected, and are therefore considered Normal Wear & Tear.

MCC holds the right to examine/inspect a clients claim of “Manufacture Defect” of the card material. (see warranties tab for claims process)

(f) ID Verification and Proof of Purchase

No, MCC no longer requires ID verification. MCC now offers a variety of payment platforms like: PayPal™, Zelle™, Apple Pay™ and Bitcoin™. Each of these secure vendors perform their own identity verifications.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Metal-CreditCard.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect MCC’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Metal-CreditCard.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Metal-CreditCard.com.

Indemnity

You agree to indemnify, defend and hold harmless Metal-CreditCard.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

Metal-CreditCard.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Contact: CustomerService@Metal-CreditCard.com

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Metal-CreditCard.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Metal-CreditCard.com.