Terms and Conditions

2. ORDER ACCEPTANCE AND CANCELLATION

2.1 You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Metal Credit Card Company and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling us at 888-638-2530.

3. PRICES AND PAYMENT TERMS

3.1 All prices are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail or other form of receipt. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your order confirmation e-mail or other form of receipt. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

3.2 Terms of payment are within our sole discretion and payment must be received by us at the time of your order, before our acceptance of an order. We accept Paypal, credit card, and check payable to Metal Credit Card Company for all purchases. This list of approved methods may change at our discretion. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, shipping, and handling costs, if any.

4. SHIPMENTS, DELIVERY, TITLE, AND RISK OF LOSS

4.1 We will arrange for shipment of the products to you. You are responsible for checking the individual product page for specific delivery options. You agree to pay all shipping and handling charges specified during the ordering process.

4.2 Title and risk of loss pass to you upon our transfer of the products to the carrier or delivery agent. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

4.3 For clarity, you maintain title and bear the risk of loss, including the exposure of personal identifiable information, when you send your physical card to us for use in the creation of your new card. We therefore strongly recommend that you fully insure your shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

5. RETURNS AND REFUNDS

5.1 Due to the customized nature of your new card and the irreversible process of transferring information to your new card, all sales are final and no refunds or returns are possible, with the sole exception of return under warranty for repair, which may include a partial or full refund at our sole discretion.

6. LIMITED WARRANTY

6.1 THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

6.2 WE WARRANT THAT DURING THE WARRANTY PERIOD STATED IN SECTION 6.9, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

6.3 WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD STATED IN SECTION 6.9, THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A WORKMANLIKE AND PROFESSIONAL MANNER, IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.

6.4 WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY AS STATED IN SECTION

6.5 SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6.6 OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS AND SERVICES IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY AS STATED IN SECTION 6.9.

6.7 Scope of Warranty. This limited warranty extends only to the original purchaser of products or services. It does not extend to any other owner or transferee of the product or any transferee or other beneficiary of the service. This limited warranty covers only defects in materials and workmanship in products and services purchased from the Site or a Metal Credit Card Company representative during the Warranty Period. This limited warranty does not cover any damages due to: (a) transportation, (b) storage, (c) improper use, (d) failure to follow any product instructions or to perform any maintenance, (e) modifications, (f) combination or use with any products, materials, processes, systems, or other matter not provided or authorized in writing by Metal Credit Card Company, (g) unauthorized repair, (h) normal wear and tear, or (i) external causes such as accidents, abuse, loss, theft, or other actions or events beyond our reasonable control.

6.8 Warranty Period. This limited warranty starts on the date of your purchase and lasts for 30 days (“Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

6.9 Remedies. With respect to any defective products during the Warranty Period, we will, in our sole discretion either: (a) repair or replace such products (or the defective part) free of charge, or (b) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (a) repair or re-perform the defective services free of charge, or (b) refund the purchase price of such services.

6.10 Obtaining Service. To obtain warranty service, you must call 888.638.2530 or e-mail us at cs@MetalCreditCard.com during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number.

6.11 Dispute Resolution. If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

7. LIMITATION OF LIABILITY

7.1 METAL CREDIT CARD COMPANY IS IN NO WAY LIABLE FOR ANY BREACH OF CUSTOMER’S CARDHOLDER AGREEMENT. ANY DECISION TO PURCHASE A METAL CREDIT CARD COMPANY PRODUCT OR SERVICE IS CUSTOMER’S OWN AND INVOLVES NO INDUCEMENT BY METAL CREDIT CARD COMPANY.

7.2 METAL CREDIT CARD COMPANY IS IN NO WAY LIABLE AND DOES NOT PROVIDE REPLACEMENT SERVICES FOR LOST, STOLEN, DAMAGED, OR DEMAGNETIZED CARDS.

7.3 THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE OR METAL CREDIT CARD COMPANY REPRESENTATIVE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF DATA, USE, GOODWILL, REPUTATION, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

7.4 SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. INDEMNITY

8.1 Customer will indemnify and hold harmless Metal Credit Card Company in any actions regarding customer’s own breach of cardholder agreement.

9. YOUR OBLIGATIONS

9.1 Compliance with Laws. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services for your own personal or household use only, and not for resale or export.

9.2 Representations and Warranties. You further represent and warrant that (a) you are the older of (i) at least 18 years of age, or (ii) legal age to form a binding contract with Metal Credit Card Company, (b) you are authorized to use the credit or debit card that you have provided to Metal Credit Card Company, (c) all information that you have provided to Metal Credit Card Company is accurate and true, and (d) you authorize Metal Credit Card Company to transfer all of your card information, along with your magnetic strip code and EMV chip, if applicable, to a new card. You acknowledge that your old card will no longer work. You represent and warrant that you understand that (a) you must provide your physical card to us in order to fulfill your order, (b) your old card will no longer work, though it will be returned to you, (c) only one copy of your card will be made and sent back to you, (d) that the card issuer is your sole remedy for the replacement of a lost or stolen card, and (e) Metal Credit Card Company is not a card issuer and does not extend to you any line of credit with this offer.

9.3 Your Delay. If our performance under these Terms is prevented or delayed by any act or omission of Buyer or its agents, subcontractors, consultants or employees, such as the delayed receipt of your old card, we shall not be deemed in breach of our obligations or otherwise liable for any costs, charges, or losses sustained or incurred by you and arising directly or indirectly from such prevention or delay.

9.4 Additional Obligations. It is your responsibility to carefully review and uphold your individual cardholder agreement. Metal Credit Card Company is not responsible for breaches of your cardholder agreement in the event that your actions under these Terms violate or lead to a termination of your cardholder agreement. It is also your responsibility to protect your card against loss and theft (see Section 9.2). Metal Credit Card Company will not replace lost, stolen, or demagnetized cards.

10. PRIVACY AND CONFIDENTIAL INFORMATION

10.1 We respect your privacy and are committed to protecting it. Our Privacy Policy,governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site and by order form.

10.2 Metal Credit Card Company is not responsible for your acts or any third-party acts that compromise the privacy of your personal identifiable information or the security of your card that may arise while your card is not within Metal Credit Card Company’s control, including acts arising from (a) you sending us your old card via carrier or delivery agent, (b) from us sending your new card back to you via carrier or delivery agent, (c) careless disposal of your old or new cards upon expiration or replacement, (d) loss or theft of your card or card information, or (e) data breaches or identity theft.

11. GENERAL PROVISIONS

11.1 Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control.

11.2 Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any conflicts of laws principles thereof.

11.3 No Assignment. You may not assign your rights or obligations under these Terms.

11.4 No Waiver. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Metal Credit Card Company.

11.5 No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies on any person other than you.

11.6 Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.

(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to Metal Credit Card Company, 3301 Route 9, Suite 226, Rio Grande, NJ 08242. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

11.7 Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

11.8 Entire Agreement. These Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

11.9 Survival. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or completion of an order under these Terms, including but not limited to the following provisions: Compliance with Laws, Privacy and Confidential Information, Governing Law, and Survival.

12. COOKIES

12.1 Technical or functional cookies

Some cookies ensure that certain parts of the website work properly and that your user preferences remain known. By placing functional cookies, we make it easier for you to visit our website. This way, you do not need to repeatedly enter the same information when visiting our website and, for example, the items remain in your shopping cart until you have paid. We may place these cookies without your consent.

12.2 Analytical cookies

We use analytical cookies to optimize the website experience for our users. With these analytical cookies we get insights in the usage of our website.

12.3 Marketing/Tracking cookies

Marketing/Tracking cookies are cookies or any other form of local storage, used to create user profiles to display advertising or to track the user on this website or across several websites for similar marketing purposes.