Terms of service
Welcome to Pullexa! The terms "we", "us" and "our" refer to Pullexa LLC ("Pullexa"). Pullexa operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Pullexa is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to another person.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to accurately represent the products and services offered through our online store. However, colors, packaging and product appearance may differ from how they appear on your screen due to device settings, manufacturer packaging changes, production variations and other factors.
Product photographs may represent the product being offered but, unless expressly stated otherwise, should not be interpreted as a guarantee regarding the specific contents of factory-sealed or randomized merchandise.
We do not warrant that the appearance or quality of products or services purchased will meet subjective expectations beyond the product description and representations expressly made by Pullexa.
Product descriptions, specifications, availability, packaging, release information and other product details may be changed or updated without notice. We reserve the right to discontinue products or limit quantities offered to any person, geographic region or jurisdiction.
Collectibles and Factory-Sealed Products
Pullexa sells products that may include trading cards, sports cards, trading card games, hobby boxes, retail boxes, cases, packs, collection boxes, memorabilia, graded collectibles and other hobby merchandise.
Factory-sealed products may contain randomized contents. Unless Pullexa expressly guarantees particular contents in the product listing, purchasing a sealed or randomized product does not guarantee any specific card, player, character, autograph, memorabilia item, parallel, insert, rarity, grade, market value or other particular result.
Pullexa does not guarantee the grading potential or future condition grade of an item removed from sealed merchandise.
Manufacturer packaging, promotional materials and configurations may occasionally change.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Pullexa reserves the right to accept or decline an order for any lawful reason at its discretion.
An order is not accepted until Pullexa confirms acceptance. We must receive and process your payment before an order is accepted.
Please carefully review your order before submitting it.
All Sales Final
Unless otherwise required by applicable law or expressly agreed to by Pullexa in writing, all sales are final.
We do not accept returns, exchanges or cancellations because of:
- Buyer's remorse or a change of mind;
- Changes in the market value of a collectible;
- A product increasing or decreasing in value after purchase;
- Dissatisfaction with randomized contents of sealed merchandise;
- Failure to receive a particular card, autograph, insert, parallel, rarity or other desired item from a sealed product;
- Grading results or grading potential;
- A customer finding the same or a similar product at a different price elsewhere; or
- Other subjective dissatisfaction when the merchandise received materially corresponds with the merchandise ordered.
Damaged, incorrect, missing or materially misdescribed merchandise should be reported to Pullexa promptly and will be reviewed under our Return and Refund Policy.
Nothing in these Terms limits rights or remedies that cannot legally be waived or excluded.
Market-Value Fluctuations
Collectibles and hobby products can experience significant market-price fluctuations.
The market value of an item may rise or fall after an order is placed. A subsequent change in market price does not entitle either party to retroactively change the agreed purchase price solely because the item's market value changed.
A decrease in market value does not provide grounds for a customer to cancel or return an otherwise correctly fulfilled order.
Preorders and Presells
Products identified as "preorder," "presell," "pre-sale," "upcoming release" or similar terminology are offered based on anticipated manufacturer or distributor availability.
Published release dates are estimates and may be changed by manufacturers or distributors without notice.
Manufacturer, distributor, allocation, production, transportation or other delays may delay fulfillment and do not automatically cancel an order.
Where inventory allocations affect availability, Pullexa may fulfill orders according to available inventory. If Pullexa ultimately cannot fulfill an affected order, we will cancel the affected product or order and refund the applicable amount.
Order Changes and Cancellations
Pullexa may be unable to accommodate cancellation or modification requests after an order has been submitted or accepted.
If we decline, modify or cancel an order, we will attempt to notify you using the email address, billing information and/or telephone number provided with the order.
Purchases are otherwise subject to our Return and Refund Policy.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice.
The price charged for a product or service will generally be the price in effect when the order is placed and will be reflected in your order confirmation.
Unless expressly stated otherwise, displayed product prices do not include applicable taxes, shipping, handling, customs, duties or import charges.
Prices offered through Pullexa may differ from prices offered by other retailers, marketplaces, manufacturers, distributors, auction platforms or other third parties.
Promotions may be governed by additional terms. If promotional terms conflict with these Terms regarding that specific promotion, the promotional terms will govern to the extent of the conflict.
You agree to provide current, complete and accurate purchase, payment and account information.
You represent and warrant that payment information supplied by you is accurate, that you are authorized to use the applicable payment method and that charges properly incurred through your order will be honored.
SECTION 5 - SHIPPING AND DELIVERY
All delivery and processing times are estimates unless Pullexa expressly states otherwise.
Orders may be fulfilled from different fulfillment locations and products within the same order may arrive in separate shipments.
Preorder and presell merchandise will generally ship after inventory becomes available.
We are not responsible for delays caused by shipping carriers, customs processing, manufacturers, distributors, severe weather, natural disasters or circumstances outside our reasonable control.
Tracking information may take additional time to show movement after a shipping label has been generated.
Customers are responsible for providing a complete and accurate delivery address.
Additional shipping terms are described in our Shipping Policy.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including trademarks, branding, text, displays, graphics, original images, reviews, video, audio, website design and the selection and arrangement thereof, are owned by Pullexa, its affiliates, licensors or their respective owners and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for personal, lawful purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit protected material from the Services without authorization from the applicable rights holder, except as permitted by law.
Nothing in these Terms grants you ownership of intellectual property belonging to Pullexa, Shopify, manufacturers, licensors or other third parties.
Pullexa's name, logo and original branding are trademarks or other intellectual property of Pullexa or its licensors, as applicable.
Shopify's trademarks belong to Shopify.
Manufacturer, distributor, sports league, entertainment property, trading card game and other third-party names and logos displayed in connection with products remain the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services which we neither monitor nor control.
Access to such tools is provided "as is" and "as available" without warranties, representations or conditions of any kind from Pullexa regarding those third-party services.
Your use of optional third-party tools is at your own risk and discretion, and you should review the terms and policies governing those services.
We may offer additional tools, resources or functionality in the future. Such features will be considered part of the Services and subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials or links to websites operated by third parties.
Pullexa is not responsible for examining or evaluating the content, accuracy, security or practices of third-party websites.
If you leave our Services to access a third-party website, you do so subject to that third party's applicable terms and policies.
We are not responsible for harm or damages arising from transactions conducted directly with unrelated third parties.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Pullexa is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Pullexa.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Pullexa, including any injury, damage or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Pullexa.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy.
Certain personal information may also be processed by Shopify in accordance with Shopify's applicable privacy practices.
Because the Services are hosted by Shopify, Shopify processes information relating to your access to and use of the Services to provide and improve its services.
Information submitted through the Services may also be transmitted to service providers and other parties necessary to operate our store, process transactions, prevent fraud, fulfill orders and provide customer service, subject to applicable privacy requirements.
Please review our Privacy Policy for additional information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, photographs or other content ("Feedback"), you grant Pullexa a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for purposes connected with operating, evaluating, improving and promoting our Services, subject to applicable law.
You represent that you have the necessary rights to submit such Feedback and that it does not violate applicable laws or third-party rights.
We are under no obligation to maintain Feedback in confidence, compensate you for Feedback or respond to Feedback unless otherwise required by law or expressly agreed in writing.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally information provided through the Services may contain typographical errors, inaccuracies or omissions involving product descriptions, specifications, images, pricing, promotions, shipping charges, transit times, release dates, inventory or availability.
We reserve the right to correct errors, inaccuracies or omissions and to update information or cancel affected orders if information is materially inaccurate, including after an order has been submitted, subject to applicable law.
If Pullexa cancels a paid order because of such an error, the applicable amount paid for the canceled merchandise will be refunded.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services to violate laws or regulations, infringe intellectual property rights, harass or harm others, transmit malicious software, provide intentionally false or misleading information, impersonate another person, engage in fraudulent activity, interfere with the operation or security of the Services or engage in conduct that exposes Pullexa, Shopify or users to liability.
You may not reproduce, duplicate, copy, extract or exploit protected portions of the Services except as permitted by applicable law or with appropriate authorization.
You may not use automated systems to circumvent access controls, security measures, rate limits, robot-exclusion mechanisms or other technical restrictions implemented to protect the Services.
We reserve the right to restrict or terminate access when we reasonably determine that these Terms have been violated.
SECTION 14 - AGENTS
This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with the Services.
"Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of or at the instruction of a person or entity without continuous direct supervision.
An Agent may not access or interact with Services in violation of technical restrictions or instructions established by Pullexa or our service providers.
Agents must truthfully identify themselves when required, must not impersonate human users for the purpose of circumventing access restrictions and must not circumvent CAPTCHAs or other technical measures designed to control automated access.
We may limit whether and how automated Agents interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or restrict your access to the Services, in whole or in part, when permitted by applicable law, including when these Terms have been violated.
You remain responsible for amounts properly due before termination.
Provisions that by their nature should survive termination will remain in effect, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, governing law and other continuing obligations.
SECTION 16 - DISCLAIMER OF WARRANTIES
THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" EXCEPT TO THE EXTENT EXPRESSLY STATED OTHERWISE BY PULLEXA OR REQUIRED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, PULLEXA DISCLAIMS IMPLIED WARRANTIES OR CONDITIONS INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT ACCESS TO THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SOME JURISDICTIONS DO NOT PERMIT CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, PULLEXA, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT LEGALLY BE LIMITED OR EXCLUDED.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
SECTION 18 - INDEMNIFICATION
You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless Pullexa, Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses, damages or liabilities arising from your material breach of these Terms, violation of applicable law or infringement of another party's rights.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or severed as necessary without affecting the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and the policies and operating rules incorporated into them constitute the agreement governing your use of the Services, subject to any additional written terms applicable to a particular transaction or promotion.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent except where applicable law provides otherwise.
Pullexa may transfer or assign its rights and obligations as permitted by applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and separate agreements through which Pullexa provides Services will be governed and construed in accordance with applicable law in the jurisdiction where Pullexa LLC is headquartered, without limiting any mandatory rights available to consumers under applicable law.
SECTION 23 - HEADINGS
Headings are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the current version of these Terms of Service at any time on this page.
We reserve the right to update or replace portions of these Terms by posting changes to our website.
Where required by applicable law, we will provide notice of material changes.
Continued use of the Services following the effective date of updated Terms constitutes acceptance of those Terms to the extent permitted by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
Pullexa LLC
Email: pullexallc@gmail.com
Business address: 1870 The Exchange SE # 601226, Atlanta GA 30339, United States
Business phone: 470-388-9695