TERMS AND CONDITIONS OF SALE


THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU AND YOUR ORDERS FROM THE CRUNCHYROLL STORE. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.


YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM CRUNCHYROLL STORE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, OR (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CRUNCHYROLL.

These Terms and Conditions of Sale (these “Terms of Sale” or “Terms”) apply to the purchase and sale of products on Crunchyroll online store at store.crunchyroll.com (the “Crunchyroll Store”). These Terms of Sale may be revised by Crunchyroll, LLC (referred to as “Crunchyroll”, “us”, “we”, or “our”) from time to time and at any time. These Terms of Sale will govern your purchases from us.

 

These Terms of Sale are an integral part of Crunchyroll Terms of Use that apply generally to your use of Crunchyroll.com and our related services. You should also carefully review our Privacy Policy before placing an order. Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products on Crunchyroll Store. By shopping on Crunchyroll Store you accept and agree to be bound by Crunchyroll Terms of Use and Privacy Policy. 

 


1.  Order Acceptance and Cancellation. 


(a) You will have the opportunity to review and confirm your order, including shipping address, payment method and product details, prior to purchase. You will be able to correct any errors before placing an order by using the “back” button. You agree that your order is an offer to buy, under these Terms of Sale, the products listed in your order. All orders must be accepted by us. Your order is not accepted until a shipping confirmation email is sent to you, and therefore no commitment is made to sell you the product until we send you a shipping confirmation. When you place an order, we will send you an order confirmation email. Please note, the order confirmation email is not an acceptance, but rather an acknowledgement of your offer to buy. 


(b) We may choose not to accept any order(s) at our sole discretion. For example, we may cancel any order prior to delivery if:

(i) we have a reason to believe that the order was placed in violation of these Terms of Sale, including, but not limited to a suspicion that someone's identity or payment information has been used fraudulently or in an unauthorized manner;

(ii) the payment information provided by you cannot be verified;

(iii) it is necessary to correct inadvertent typographical errors, inaccuracies, or omissions related to specifications, pricing and availability;

(iv) shipping, delivery or fulfillment obligations cannot be performed; 

(v) the product is unavailable due to supply shortages or restrictions imposed by the manufacturer; or

(vi) if we believe there has been any violation of our Terms of Use, including any actual or suspected abuse, unlawful, fraudulent or improper activity.


We will contact you if any portion of your order is canceled and will refund the payment that was already processed. 


(c) You may cancel your order prior to receiving a shipping confirmation email from us by contacting our Customer Support Team.


 

2.  Product Specifications and Prices.

 

  1. All prices, discounts, and promotions posted on the Crunchyroll Store are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes (unless otherwise stated during the checkout) or charges for shipping and handling, import duties, tariffs or other similar fees that may be imposed by the destination country. All additional taxes and charges will be added to your order total and will be displayed at checkout. You may be required to pay import duties upon receipt of your order. Please familiarize yourself with your destination country’ requirements and your obligations before placing an order.

  2. We reserve the right to adjust the pricing and/or description or features of products on the Crunchyroll Store for any reason including, but not limited to, changing market conditions, product discontinuation, material unavailability, and changes to manufacturing processes.  We also strive to display accurate product and price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to specifications, pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any order arising from such occurrences. 

(c)       From time to time we may offer promotions on the Crunchyroll Store that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern. We reserve the right to discontinue or opt not to honor any coupon, discount or promotion at any time. 

(d) We make reasonable efforts to accurately display the attributes of the products available on the Crunchyroll Store. Weights, measures, photographs and images. and similar descriptions are approximate and are for convenience only.  Your display settings could affect the accuracy of the colors of product portrayed. The information included on the Crunchyroll Store should not be relied upon or used as the sole basis for making decisions.


3. Payment Terms.  


(a)  You may pay with the payment methods available during the checkout. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use the chosen payment method for the purchase, (iii) charges incurred by you will be honored by your payment method provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes and import duties, if any, regardless of the amount quoted on the Crunchyroll Store at the time of your order.


(b) Your payment method provider may charge additional currency conversion or processing fees. Please contact your payment method provider for details.


(c) Crunchyroll Store gift cards may be offered for purchase and/or redemption, subject to the additional Gift Card Terms. Please review the Gift Card Terms carefully before purchasing or using Crunchyroll Store gift cards.


(d) We may offer an option to pre-order some products before their availability date. If you place a pre-order and your chosen payment method supports pre-authorization, then, unless otherwise specified during the checkout, we will pre-authorize and hold the amount due, however, you will only be charged once we ship the product. 



4.  Shipment; Delivery; Title and Risk of Loss.

 

(a)  We will arrange for shipment of the products to you. You will pay the shipping and handling charges specified during the checkout. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. We may offer discounted or free shipping on orders that exceed a certain threshold or based upon a specified promotion. See the FAQ page for more information.


(b)  Title and risk of loss pass to you upon our delivery of the products to the address which you specify during the checkout. Title to the product will not transfer until full payment is received by us. Unless expressly stated otherwise, or required by the applicable law, shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.


  1. Different parts of your order may be delivered on different dates. When your order is ready to be shipped, you will receive a shipment confirmation email. The email will contain shipment details, your tracking number, and a link to the selected carrier site. To track the order, click on the tracking number located in your email. 

  2. Some of the products available at Crunchyroll Store may not be delivered to certain countries due to restrictions imposed on the products or by the destination. If a selected item has a delivery restriction, we will notify you about it during the checkout.



5. International Orders. 


(a) If your shipping address is outside of the United States, you may be required to pay import duties and other similar charges imposed by the destination country. We may offer you the option to pre-pay such import charges, in which case such an option and the amount will be presented to you during the checkout process.  


(b) You will be the “importer of record” and will be solely responsible for ensuring that the product can be lawfully imported to and used in the destination country, and you must comply with all applicable laws, regulations, and certifications imposed by the destination country. Please note that the products may not conform to the destination country’s standards, voltage, labeling or other requirements. You shall review such requirements prior to placing an order on Crunchyroll Store. 


6.  Returns and Refunds. 

  1. We will accept a return of the eligible products within 30 days of the delivery date provided that such products are returned in their original condition. To return the products, please contact our Customer Support Team to obtain a Return Merchandise Authorization (”RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number. In connection with your return, you may also be asked to provide certain information to verify your order, including: (i) your name, address, email address, and telephone number and (ii) a copy of your receipt or other comparable proof of purchase for the product being returned. Verification of information may be required prior to the delivery of any RMA.


  1. You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. 

(c) Refunds are processed within approximately 5-10 business days of our receipt of the product. Your refund will be credited back to the same payment method used to make the original purchase. If we are unable to credit your original form of payment, you agree to receive the refund in the form of Crunchyroll Store Gift Card.

(d) If you have paid import duties (or similar fees) in connection with your order, the amount of such import duties will not be refunded to you by Crunchyroll. You must seek reimbursement directly from the applicable authority in your destination country.

(e) The following products are non-returnable:

• Memberships and gift cards 

• Mystery Bundles, Blind Boxes, and Blind Box Bargain Items. 

• Open DVDs and Blu-ray.

• Clearance / final sale items.

• Snacks and drinks.

Please see our Return Policy for additional details about returns and refunds.


7.  Manufacturer’s Warranty and Disclaimers. 

(a) We do not manufacture or control any of the products offered on Crunchyroll Store. The availability of products does not indicate an affiliation with or endorsement of any product or manufacturer. However, the products offered on Crunchyroll Store may be covered by the manufacturer’s warranty included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.

 

(b) ALL PRODUCTS AND SERVICES OFFERED AT CRUNCHYROLL STORE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (iii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

(c) ‌SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.


8.  Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (i) WHETHER SUCH DAMAGES WERE FORESEEABLE, (ii) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (iii) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED ON CRUNCHYROLL STORE.

 

9.  Products Not for Resale or Export. You represent and warrant that you are buying products from Crunchyroll for your own personal or household use only, and not for resale or export. 

 


10.   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, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, supply shortages, telecommunication breakdown or power outage.

 

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11. Governing Law and Forum. These Terms of Sale will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Sale will be brought exclusively in courts located in Northern California and you hereby irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.


12. Arbitration.


(a) Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms of Sale that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except you and Crunchyroll are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of intellectual property rights.


Arbitration will be initiated through the American Arbitration Association ("AAA"). In the event the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules ("AAA Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.


If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.


Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Crunchyroll. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Crunchyroll for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.


The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Crunchyroll. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Crunchyroll.


You and Crunchyroll waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Crunchyroll elect to have claims and disputes resolved by arbitration. In any litigation between you and Crunchyroll over whether to vacate or enforce an arbitration award, you and Crunchyroll waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.


YOU AND CRUNCHYROLL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found to be unenforceable, then the entirety of this provision shall be null and void, and all claims and disputes will be resolved in a court as specified in Section 11 above.


(b) YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Crunchyroll can force the other to arbitrate. To opt-out, you must notify Crunchyroll in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Crunchyroll account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: Crunchyroll, LLC., ATTN: Arbitration Opt-out, 444 Bush Street, San Francisco, CA 94108; legal@crunchyroll.com.


(c) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Crunchyroll.


13. Notice; Consent to Electronic Notice. You consent to the use of (i) electronic means to complete these Terms of Sale and to deliver any notices pursuant to these Terms of Sale and (ii) electronic records to store information related to these Terms of Sale. Any notice or other communication will be in writing and given by Crunchyroll via email (in each case to the address that you provide), or by a posting on www.crunchyroll.com,  and by you via email to legal@crunchyroll.com or to such other addresses as Crunchyroll may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.


14.  Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Crunchyroll may assign its rights and duties under these Terms without notice to you or your consent.


15.  No Waivers. 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 Crunchyroll.

 

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

 

17.  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.

 

18.  Entire Agreement. Our shipping confirmation, these Terms of Sale, our Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us to buy and sell the product.


19. Language. These Terms of Sale may be available to you in English and selected local languages. In case of any conflict, the English version shall prevail. 


20. Questions. Should you have any questions regarding these Terms, please contact our Customer Support Team.


21. Country-Specific Terms. If you are resident of one of the following countries, see below for additional country-specific terms.


European Economic Area ("EEA") and United Kingdom


  1.  Trader’s identity. The products are sold to you by:

Entity name: Crunchyroll, LLC

Address: 9050 Washington Blvd. Bldg. 1100, Culver City, California, USA 90232

VAT number: BE 1007.191.976

Authorized representative: Rahul Purini, President

Email: Support@crunchyroll.com

  1. Right to withdraw from purchase. If you are a “consumer” you may have a statutory right to withdraw from the contract. A consumer is any natural person who places an order on Crunchyroll Store for purposes which

are outside such a person's trade, business, craft or profession.


Please find information regarding the withdrawal right and how to exercise it here



  1. Product  Warranty. You may have statutory rights and guarantees provided to you by law. Any commercial warranties stated in these Terms are in addition to and do not limit these rights. If the product you purchased is faulty or misdescribed, the minimum warranty period is two (2) years from the date of delivery. Please contact us as soon as possible if you believe the product you purchased does not meet the description, is damaged or faulty.


  1. Dispute Resolution. You will benefit from additional protection under the laws of the country in which you reside. The laws of the country in which you reside take precedence over the laws stated in Section 11 above. We may enforce these Terms in a court of competent jurisdiction in your country of residence. You may enforce these Terms in a court of competent jurisdiction in your country of residence or in Northern California, USA.