Shipping Policy
Return Policy
Privacy Policy
Terms of Service
Shipping hours
Except for holidays, if you place your order before Noon ET, your order should ship that same business day. Orders placed after Noon ET may not ship until the next business day. So if you order on a Friday at 1:00 p.m. ET, your order will likely not be shipped until Monday.
Order errors
We usually process orders quickly, so if you find that you’ve made a mistake with your order, you need to alert us immediately, and we'll see what we can do. Otherwise, the order may have already been processed and shipped out.
Fulfillment of orders
We use a third-party fulfillment center to pack and ship your order so we don't have to touch any cardboard boxes or tape. Unfortunately, we are unable to provide gift wrapping or special packaging requests.
Shipping fees
You will be charged shipping for your order. Shipping costs are based on the weight and size of your package. If you are buying porcelain, it is heavy, so your shipping costs might be astonishingly high. If you're eligible for free shipping, Calamityware will choose the shipping method. Estimated delivery time will vary and is not guaranteed. You will also be able to pay for an alternate shipping method if you prefer. We provide many options to help you find the most cost-effective shipping method for your needs.
Available shipping methods and durations
Depending on where you live, we currently offer shipping via USPS, FedEx, or DHL (see International Shipping for information about international options). All shipping times listed are estimates, and there are no guarantees regarding arrival dates for your order. FedEx will not deliver on the weekend.
DHL Parcel (Ground or Expedited) is a very cost effective shipping method, but often slower than USPS or FedEx, and takes longer depending on how far from New Jersey you are (we ship out of New Jersey). With DHL Parcel shipping, packages are shipped to your local post office in bulk, then your post office is responsible for delivery.
Because we're not the courier and have no control over how long it takes to get your package to you, we do not offer refunds on shipping if your package doesn't arrive when you expected it.
International shipping
Outside of the U.S., we only ship to Canada. If you live elsewhere, you will have to find alternative methods to receive Calamityware. (Please see our blog post to understand why.) For our Canadian friends, we use various shippers including USPS, FedEx, DHL, and Asendia. Be aware that often, customs duties must be paid before an order will be delivered. Please note that the customs offices don’t care if your package is a gift or not. Shipments are cleared through customs based on where the package is coming from, the item category, and the value—not its purpose. Depending on the size of your package, you may be able to use a Delivery Duty Paid (DDP) option where you can pay for shipping and duties at the time of purchase. Select the shipping method with the words "Canada Duties Paid" for this option; please note that, although these methods say "USPS", they actually use Asendia/Globegistics for shipping. If you are shipping to Canada, be aware that packages shipped through any service other than the postal service may also incur a brokerage fee.
Gift messages and packing slips
If you'd like to add a gift message to your order, visit the Shopping Cart page. You are limited to no more than 400 characters, including spaces. Gift messages will be inserted in the package. Packing slips do not contain prices. International orders will have a customs declaration attached to the box, which will list a customs value that will be similar to what you paid for the product.
Address errors
If you provide an incorrect/incomplete address and your package is returned to us, and you paid for shipping, we will refund your order for the cost of the product. You can then reorder to the correct address. If your package is re-routed during shipping due to an incorrect address and the shipper applies a fee, you may be responsible for this extra cost.
If you provide an incorrect/incomplete address and your package is returned to us, and Calamityware paid for shipping, we will refund your order for the cost of the product minus what Calamityware paid to ship it to you.
If you provide an incorrect/incomplete address and your package is not returned to us, we cannot reship your order. You will have to place that order again to the correct address. In this case, if your order is eventually returned to us in good condition, we will refund you for the cost of the product.
Damaged during shipping
Our boxes are engineered to ship our products safely, but occasionally damage can occur. If your item was damaged during shipping, please take a photo of the damaged item and its packaging and email it to robot@calamityware.com within 30 days of receipt. Please include your order number. We will arrange a replacement at no cost to you. Do not send the package back.
Tracking information
When your package ships, a shipping confirmation with a tracking number will be emailed to you. If you don’t receive this by the end of the business day (provided you placed your order before noon ET), check your Spam or Promotions folder for our emails. If you still can't find your tracking number and want to keep tabs on your package, email robot@calamityware.com.
Monitor the tracking status of your package. If it appears to be stalled, continue to monitor the courier's tracking site for a few more days. Calamityware has no further information than what you have available through the courier's tracking link. If your tracking hasn't updated in a few days, contact robot@calamityware.com.
We can only help to resolve shipping delay issues within 30 days of purchase. Please alert us immediately if you have a shipping delay issue during this time frame.
"Delivered but not received" mystery
If your tracking information says your package was delivered, but you haven’t received it, something strange is going on. Ask around your neighborhood to see if it was delivered to someone else by accident. Or check with your apartment complex office. Or check with your housemate. It is rare that a package was stolen; experience shows that more likely it was delivered inaccurately. Almost always, a well-meaning neighbor accepted delivery of your package, and hasn't returned it to you yet. Lastly, check your order confirmation to make sure you entered the correct address.
Also, try to contact the courier (FedEx, USPS, or DHL). If you call them soon enough after you’ve noticed the issue, they can sometimes help you to track it down.
But please realize that Calamityware is not delivering your packages ourselves, and we have no special relationships with FedEx, USPS, or DHL, so when your package goes missing, it is most efficient for you to exhaust your options before contacting us. If, after you’ve sleuthed to try and track it down, you cannot locate your package, contact robot@calamityware.com and explain your issue. But we are not responsible for tracking down your order for you.
Returns
If you are not happy with your order and want to return it, email robot@calamityware.com. Don't send anything back until we provide you with instructions, which may include an RMA (return merchandise authorization). If provided, this RMA information must appear on the outside package, or your refund amount may be affected. You must send the return back to the address provided, which isn't always the return address on the package you received. Your refund amount may be affected if you do not send the return back to the provided address.
To be eligible for a return, your item must be unused and in the same condition that you received it. For apparel and textiles, it must also be unwashed. The return must be in the original packaging with all original marketing materials.
Our policy lasts 30 days. If 30 days have gone by since you received your purchase, unfortunately it's too late to offer you a refund or exchange. In addition, if you tell us you'd like to return an item within 30 days of receiving yourorder, you must also ship the item back within that 30-day window.
Exchanges
We treat exchanges like returns (see above). Once we receive the item you wish to return, we will issue a refund. But you are free to order the new item at any time. Our policy lasts for 30 days.
Refunds
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If approved, your refund will be processed, and a credit for the cost of the product returned will automatically be applied to your credit card or original method of payment, within a reasonable amount of days. Your credit card company controls how long the process takes. Please note, we do not refund shipping costs.
Returning stuff from a discounted bundle or a promotional discount
If you order product in a discounted bundle (like multi-plate dinner sets, tea set, etc.), or with a promotional discount (like a free gift with purchases over a certain value, etc.), and then decide to return a portion of that bundle or order, you no longer qualify for the discount. So, when we calculate your refund, the total refund will be reduced to make up for the discount you received.
Returning a gift
Returning a gift follows the same rules as a refund. Our policy lasts for 30 days. You must have the order number or the email address of the person who purchased the gift for you so we can match up your return with the original order. You will be responsible for the cost of shipping the item back to us. Before you send any item back to us, contact us at robot@calamityware.com. You may receive an RMA (return merchandise authorization) which must appear on the outside packaging. Once we receive your returned gift, we will issue you a digital gift card for the cost of the product. If provided, you must include the RMA on the outer packaging of your return, or your gift card amount may be affected. Don't just send us a package without an RMA, unless instructed to do so.
Gift cards
Digital and physical gift cards are non-refundable.
Defective product
We only replace items if they are defective within 90 days from when you received your order. Email robot@calamityware.com with a photo of the defect.
Shipping of your return
To return your product, you should contact robot@calamityware.com, and an RMA (return merchandise authorization) may be issued to you. Instructions on where to ship your return will be provided.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.
If you are shipping an item over $50, you should consider using a trackable shipping service or purchasing shipping insurance to protect your refund in case your item gets lost or damaged on its way back to us.
Calamity Worldwide LLC (“Calamityware”) endeavors to protect your personal information. This Privacy Policy informs you about our practices regarding the treatment of information we collect from you online (e.g., through our websites) and offline (e.g., through customer support channels), the kinds of information we may collect, how that information is used, with whom we share it, and how you can opt-out of a use or correct or change such information.
This Privacy Policy is incorporated into Calamityware’s Terms & Conditions (“Terms”) by reference, as if set forth fully therein, which must be reviewed and accepted by you.
If you have any questions about our privacy policies, please contact us at robot@calamityware.com. By providing your personal information to Calamityware, you signify your acceptance of the Terms and agree that Calamityware may collect, use, and disclose your personal information as described herein.
1. SCOPE
This Privacy Policy applies to personal information that is processed by Calamityware in the course of our business, including via Calamityware’s web properties (e.g., calamityware.com, or the “Site”) and through any forums, social media accounts, blogs, chat, and other online or offline offerings (together with any and all future online and offline offerings, the “Services”).
2. INFORMATION WE COLLECT
Personally Identifiable Information. The types of personally identifiable information we collect (directly from you or from third party sources) and our privacy practices depend on the nature of the relationship you have with Calamityware and the requirements of applicable law. Below is more information on the ways we collect personal information and how we use it.
Types of personal information. Calamityware collects personal information from its current, prospective, and former customers, visitors, and guests (collectively “Individuals”) through the following channels:
3. WHAT DO WE DO WITH YOUR INFORMATION?
By providing personally identifiable information to us, we are able to perform a number of business functions, such as:
(a) Respond to questions, comments, and other requests;
(b) Provide access to certain features of the Services;
(c) Personalize product recommendations;
(d) Communicate with you about logistical matters, including product deliveries and shipping;
(e) Conduct internal research and development; and
(f) Review and respond to requests for customer support.
(a) Measure interest in our products and Services;
(b) Develop new products and Services;
(c) Ensure quality control;
(d) Send emails or text messages to the email address or telephone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, delivery updates, or system maintenance;
(e) Process payment(s) for products or services purchased;
(f) Process applications and transactions;
(g) Prevent potentially prohibited or illegal activities;
(h) Maintain and administer our Services; and(i) Enforce our Terms of Service.
(a) To notify you about offers, products and Services that may be of interest or about which you have previously expressed an interest (e.g., back-in-stock notifications);
(b) For other purposes disclosed at the time that you provide personal information; or
(c) Otherwise with your consent.
You may contact us at any time to opt-out of the use of your personal information for marketing purposes, as further described in Section 6.
4. COOKIES, PIXELS, AND SIMILAR TECHNOLOGIES
We (along with third parties that provide content, advertising or other functionality on our Services), may use cookies, pixel tags, local storage and other technologies (“Technologies”) to automatically collect information through the Services. Technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices that allow us to record certain pieces of information whenever you visit or interact with our website, services, applications, messaging and tools, and to recognize you across devices.
Our uses of such Technologies fall into the following general categories:
If you would like to opt-out of the Technologies we employ, you may do so by blocking, deleting or disabling them as your browser or device permits. See Section 6 for additional opt-out options. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Services and may prevent you from being able to access certain features.
5. HOW WE SHARE YOUR INFORMATION
We share information collected through the Services with the following categories of parties:
(a) order fulfillment and warehousing;
(b) web hosting, analytics and related services;
(c) payment processing, fraud protection, and credit risk reduction;
(d) customer service activities such as inquiries and shipping; and
(e) in connection with the provision of the Services.
Calamityware’s policy is to execute appropriate contracts with service providers that prohibit them from using or sharing personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements, and this Privacy Policy.
(a) to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena;
(b) to respond to your requests;
(c) to protect yours, ours or others’ rights, property or safety;
(d) to enforce Calamityware’s policies or contracts;
(e) to collect amounts owed to Calamityware;
(f) to comply with records retention policies;
(g) when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or
(h) if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of unauthorized activities.
6. MANAGING YOUR PERSONAL INFORMATION / OPT-OUT
We don’t want to communicate with you if you don’t want to hear from us. You have the right to object to and opt-out of certain uses and disclosures of your personal information. Where you have consented to Calamityware’s processing of your personal information, you may withdraw that consent at any time and opt-out to further processing by contacting robot@calamityware.com. Please note that even if you opt-out, we may still collect and use non-personal information regarding your activities on our Service and/or information from the advertisements on third party websites for non-interest based advertising purposes, such as, to determine the effectiveness of the advertisements. Please see the following instructions for opting out:
www.networkadvertising.org/managing/opt_out.asp
www.youronlinechoices.eu/ or www.youradchoices.ca/
www.aboutads.info/choices/
You can also choose not to be included in Google Analytics.
https://tools.google.com/dlpage/gaoptout
Please note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device.
7. SECURITY & RETENTION
The security of your personally identifiable information is important to us and Calamityware is committed to handling such information carefully. We maintain physical, electronic and procedural safeguards to guard your personally identifiable information. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security. By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.
We retain personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. When we are no longer required to retain your personal information as described above, we will destroy, erase, or de-identify it in accordance with our data retention policies and applicable law. Legal requirements, however, may require us to retain some or all of the personal information we hold for a period of time that is longer than that for which we might otherwise hold it.
8. CHILDREN’S PRIVACY
Our Services are not directed to children under the age of 13. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect personal information from children under the age of 13. If you learn that your child has provided us with personal information without your consent, you may alert us at robot@calamityware.com. If we learn that we have collected personal information of a child under the age of 13, we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.
9. PAYMENT PROCESSORS
When you make purchases through the Services, we process your payments via a third-party payment processor. In these instances, the third-party application may collect certain Financial Information from you to process a payment on behalf of Calamityware, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the third-party terms, conditions and privacy policies. If you apply for or otherwise take part in a financing offer through one of our financing partners, you will be asked to provide information (which may include Financial Information) to that financing partner, either directly or through the Services. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions and privacy policies. Our treatment of any Financial Information that we may Process on your behalf, or that we receive from our financing partners or payment processors, is subject to this Privacy Policy.
10. THIRD PARTY SITES AND SERVICES
The Service may contain links to other websites and other websites may reference or link to the Calamityware website or other Services. These other domains and websites are not controlled by us, and Calamityware does not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. We do not control the use of cookies or the collection of information by these third parties, nor how they manage such information. It is solely your obligation to review and understand the privacy practices and policies of these third parties.
11. UPDATING THIS PRIVACY POLICY
We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time. You should check this page periodically for changes. Your continued use of this Site following the posting of changes to this Privacy Policy will be considered your consent to those changes. In the event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information, contact our Privacy Compliance Officer at robot@calamityware.com or by mail at:
Calamityware
Re: Privacy Compliance Officer
612 Pennridge Road
Pittsburgh, PA 15211
United States
Last Updated: 02/29/2024
Welcome to Calamityware®, operated by Calamity Worldwide LLC (“Calamityware”) and located online at our Calamityware website (e.g., www.calamityware.com or the “Site”), and social media platform(s), and offline (e.g., through customer support channels and in-person promotional activities) (collectively, the "Platform"). The following terms and conditions (the “Terms”) govern your use of the Platform. By accessing, viewing, purchasing or otherwise using the content, material, products, or services available on or through the Platform, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein.
You further certify that you are 13 years of age or older and that you have all the necessary rights, power and authority to enter into these Terms and perform the obligations set forth under these Terms. Please ensure that you read these Terms, including the Privacy Policy, carefully. You understand and agree that your use of the Platform or any content, material, products or services made available on or through the Platform (collectively, the "Services") signifies that you fully accept and agree to these Terms.
SECTION 1 - REGISTRATION
In order to access certain Services, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a user name/email address and password. It is important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information to keep it accurate, complete and up-to-date. If you do not, we might have to suspend or terminate your account.
You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Calamityware will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way. You are responsible for all activities that occur under your account, whether or not you know about them.
When placing an order through the Platform, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Calamityware or its third-party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Platform is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Platform change, please login to your account and update such information directly on the Platform. You agree that we may store, use, disclose and otherwise handle any personal information that you provide to us via the Platform in accordance with our privacy policy.
SECTION 2 - MOBILE TERMS OF SERVICE
The Calamityware mobile message service (“Mobile Service”) is included as one of the Services offered under the Platform. Your use of the Mobile Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to the Mobile Service, you agree to receive recurring SMS/text messages from and on behalf of Calamityware through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Calamityware. Your participation in this program is completely voluntary.
We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Mobile Service at any time. Text the single keyword command STOP to +18335140430 (this is not a Calamityware telephone line, and you will not reach anyone by calling this number; this is strictly a service provider number to opt out of text messaging) or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Calamityware mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For text messaging assistance, text HELP to +18335140430 (this is not a Calamityware telephone line, and you will not reach anyone by calling this number; this is strictly a service provider number to opt out of or get help with text messaging) or email Calamityware directly at robot@calamityware.com.
We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
SECTION 3 - PURCHASES
The Platform allows you to browse, view, choose, and purchase various products or services on the Site. By purchasing products or services made available through the Platform, you represent that you have reached the age of majority (which in most states in the United States is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf.
We reserve the right to refuse service to anyone for any reason at any time.
All products sold on the Platform are for personal or household use only and are NOT FOR RESALE OR COMMERCIAL USE. By purchasing products on the Platform, you are therefore representing that you are buying products or services from the Platform for your own personal or household use only, and not for resale or export.
You may not purchase commercial quantities of our products without our prior written consent. If you are interested in purchasing commercial quantities of our products, please notify us at robot@calamityware.com.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who violate this policy or any other part of the Terms.
Except as may be previously and expressly authorized by us in writing, we also prohibit the offering, use, transfer, or acceptance of our products and gift cards for promotional purposes (e.g., as prizes in contests or sweepstakes) or in connection with any lottery, raffle or wagering scheme. We reserve the right to bar any users we suspect of violating this Section 3 (or any other provision of these Terms) from further use of the Services and to refuse, limit or cancel any related orders and/or suspend or cancel any related accounts.
All sales are subject to our shipping and return policies. We monitor return activity for abuse and reserve the right to limit returns or exchanges in all instances. All refunds are at Calamityware’s sole discretion.
SECTION 4 - MODIFICATIONS TO THE PLATFORM, PRODUCTS, AND PRICES
The inclusion of products on the Platform at any time does not guarantee that these products will be available for purchase. Prices for products on the Platform are subject to change without notice. We reserve the right, at any time, to modify or discontinue the Platform (or any part or content thereof) without any notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
We also strive to display accurate depictions of our products in the images provided. We cannot guarantee that your computer monitor’s display of any specific color or product will be accurate.
We may, in our sole discretion, offer promotional codes at certain points in time, or for certain audiences. In the event such promo codes are enabled, promo codes should be entered during the checkout process to be valid. Discounts and discount thresholds exclude taxes and charges for shipping and handling. Discounts cannot be used in conjunction with any other offers.
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
SECTION 5 - PAYMENT PROCESSING
Calamityware uses Shopify Inc. and Paypal as the third-party payment processors to process credit card transactions made through the Platform. Third-party terms and conditions may apply. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You are also responsible for paying any governmental taxes imposed in connection with use of the Platform or the purchase or any products or services made available through the Platform, including sales, use, and excise taxes (excluding only taxes on Calamityware’s net income). To the extent that Calamityware is obligated to collect such taxes, the applicable tax will be added to your billing account.
SECTION 6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 7 - THIRD-PARTY LINKS
Certain content, products and services available via our Platform may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - GENERAL RESTRICTIONS ON USE
You agree to use the Platform and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Platform, products, and Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.
You will not (and will not attempt to):
We reserve the right to terminate your use of the Platform or any Service for violating any of these prohibited uses.
SECTION 9 - CONTENT
As between you and Calamityware, Calamityware owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Platform (“Platform Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Platform Content.
All Platform Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Platform Content. As between you and Calamityware, all names, trademarks, symbols, slogans, or logos appearing on the Platform, products, or Site are proprietary to Calamityware or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Platform Content, other than the right to use the Platform Content in accordance with these Terms.
Certain features of the Platform may allow you to contribute feedback and other information to the Platform for access, use, viewing, and commentary by other users of the Platform (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Calamityware on the Platform, and all other persons and entities, will not:
Upon your submission of Comments or other material or information to Calamityware, and in consideration of your use of the Platform and other good and valuable consideration which you acknowledge, you grant Calamityware a worldwide, perpetual, irrevocable, transferable, license to access, use, publish, adapt, translate, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever; and that you will indemnify Calamityware for all claims resulting from content you supply. Calamityware has the right but not the obligation to monitor and edit or remove any activity or content. Calamityware takes no responsibility and assumes no liability for any content shared by you or any third party through the Platform. For avoidance of doubt, Calamityware shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.
SECTION 10 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Platform, but, although not obligated to, may review, verify, make changes to or remove any Comments, Platform Content, or the Platform, including information submitted in connection with the Platform Content or other features at any time, with or without notice in our sole discretion.
SECTION 11 - DISCLAIMERS AND WARRANTIES
Calamityware reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. Calamityware is not liable in case of stock outage or unavailability of products. We use reasonable efforts to display as accurately as possible the colors of our products that appear at the Platform, but we cannot guarantee that your computer monitor's or mobile device’s screen’s display of any color will be accurate.
Calamityware expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Platform, Services, Platform Content, products, goods, advice, information or links provided on the Platform will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected; (iv) regarding the Platform Content, goods, services, advice, information or links provided by any third parties or users; (v) that the Platform, Platform Content, products, goods, services, advice, or information displayed on the Platform will meet your requirements; and (vi) that the Platform will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Platform shall create any warranty not expressly stated in these Terms.
You understand that the technical processing and transmission of any Platform Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Platform will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Platform or the Internet, including, for example, personal information such as your name or address. Calamityware assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Platforms, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Platforms.
Calamityware shall have no liability to you for any damages, delays, or failure in carrying out its obligations to any customer for reasons beyond Calamityware’s control, including without limitation, fire, lightning, explosions, power surge or failure, water, acts of God, war or terrorism, natural disasters, labor unrest, charges in or compliance with laws, revolution, civil commotion, laws, regulations, or governmental policies, and shortages of supplies and services. Calamityware may extend delivery of an order so affected without liability to the customer except for the return of any payment made by the customer to Calamityware with respect to any undelivered portion of the order so cancelled.
You should consult your doctor before beginning any exercise, training or athletic program. Calamityware is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Platform, Platform Content, products and/or Services except to the extent that they are expressly set out in these Terms.
SECTION 12 - LIMITATION OF LIABILITY
IN NO EVENT WILL CALAMITYWARE BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL CALAMITYWARE’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF CALAMITYWARE AND ITS LICENSORS SHALL NOT EXCEED FIFTY DOLLARS ($50).
Without limiting the foregoing, you understand and acknowledge that Calamityware shall not be liable to you for:
The limitations on Calamityware’s liability to you in this Section 12 shall apply whether or not Calamityware has been advised of or should have been aware of the possibility of any such losses arising, and will survive these Terms and your use of the Platform, products, and Services.
IF YOU ARE DISSATISFIED WITH THE PLATFORM, SERVICES, OR TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES.
SECTION 13 - INDEMNITY
You agree to defend, indemnify and hold harmless Calamityware, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Platform and Services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (vi) the use by any other persons accessing any Platform using your account or account login. This defense and indemnification obligation will survive these Terms and your use of the Platform and Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 13 without the prior written consent of Calamityware.
SECTION 14 - COMPLAINT PROCEDURES
If you believe that any content or postings on the Site violates your intellectual property or other rights, please notify Calamityware by email at robot@calamityware.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Platform or Services, or when you cease using our Platform.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate your use of our Platform at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
SECTION 18 - GOVERNING LAW; DISPUTE RESOLUTION
These Terms and any separate agreements whereby we provide you Services, as well as all matters relating to your access or use of the Platform shall be governed by and construed in accordance with the laws of Pennsylvania, without regard to its conflict of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts within Allegheny County, Pennsylvania, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union.
Any claim under these Terms must be brought within one year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Calamityware and your arising out of or in connection with your use of our Platform, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
SECTION 19 - CHANGES TO THE TERMS
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Site. When these changes are made, Calamityware will make a new copy of the Terms available on the Site. You agree that Calamityware is under no obligation to provide you with notices regarding changes to the Terms. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or the Platform following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at robot@calamityware.com.
