Terms and Conditions

The Pit Stop Diecasts Terms of Service

Please read these Terms carefully. Section 19 contains an agreement to arbitrate most disputes on an individual basis and a waiver of class proceedings. It explains how to opt out of arbitration.

These Terms of Service ("Terms") are a binding agreement between you and The Pit Stop Diecasts, LLC ("The Pit Stop Diecasts," "we," "us," or "our"). They govern your access to and use of www.thepitstopdiecasts.com and related pages and services (collectively, the "Site"), including customer accounts, purchases, preorders, communications, and collection-offer submissions.

By using the Site, creating an account, submitting a request, or placing an order, you agree to these Terms. Our Privacy Policy explains our personal-information practices, and our Refund Policy forms part of these Terms for purchases. If you do not agree, do not use the Site or place an order.

We may update these Terms prospectively. The version presented when you place an order will govern that order unless you and we expressly agree otherwise or a change is required by law.

1. Eligibility

You must be at least 18 years old or the legal age of majority where you live and able to form a binding contract to place an order, create an account, or submit a collection for an offer. You may not use the Site if prohibited by applicable law.

2. Accounts

You must provide accurate, current, and complete information and keep it updated. You are responsible for safeguarding account credentials and for activity under your account.

Notify us promptly through our Contact Us page if you suspect unauthorized access.

We may suspend or terminate an account when reasonably necessary to:

  • protect the customer, the Site, or others;
  • investigate fraud or abuse;
  • comply with law; or
  • enforce these Terms.

3. Permitted Use and Intellectual Property

The Site and its text, graphics, photographs, logos, software, layout, and other content are owned by or licensed to The Pit Stop Diecasts and are protected by intellectual-property laws.

We grant you a limited, revocable, nonexclusive, nontransferable right to use the Site for personal, lawful shopping and account purposes.

Without our written permission, you may not:

  • copy or commercially exploit Site content;
  • scrape or harvest data;
  • interfere with Site operation or security;
  • introduce malicious code;
  • attempt unauthorized access;
  • impersonate another person;
  • use the Site for fraud; or
  • violate another person's rights.

Manufacturer, driver, team, series, and product names and marks belong to their respective owners. Their appearance does not by itself imply sponsorship or endorsement of The Pit Stop Diecasts.

4. Product Information and Availability

We try to describe products, scale, condition, packaging, signatures, included documentation, pricing, and availability accurately. Display colors and images may vary by device, and manufacturer images may be illustrative.

The listing and order confirmation control when they identify a specific condition, edition, autograph, certificate, or packaging detail.

Collectibles may have manufacturer variations or age-related packaging characteristics described in the listing. Please review the description and photographs before ordering and contact us with questions.

Inventory and availability can change. We may impose reasonable purchase limits and cancel orders involving:

  • a pricing or inventory error;
  • suspected fraud;
  • unauthorized payment;
  • a prohibited export; or
  • attempted circumvention of a stated limit.

If we cancel after collecting payment, we will refund the canceled amount.

5. Orders and Acceptance

Your order is an offer to purchase the items listed in the order. An automated order acknowledgment confirms receipt but does not necessarily constitute acceptance.

We may accept an order by confirming it for fulfillment, shipping it, or otherwise expressly accepting it. We may reject or cancel an order for a legitimate reason described in these Terms.

Standard in-stock orders and preorders follow different payment and fulfillment rules. See Section 7 for preorders.

6. Prices, Taxes, Promotions, and Payment

Prices are shown in U.S. dollars unless stated otherwise. Taxes, shipping, handling, discounts, store credit, and the final total are shown during checkout.

We may correct an obvious pricing or calculation error before fulfillment. We will not charge a corrected higher price without first obtaining your agreement.

Payment options are those displayed at checkout and may include cards, wallets, store credit, or third-party installment or buy-now-pay-later services such as Klarna or Affirm when eligible. Third-party payment options are also governed by the provider's terms.

You represent that the payment method and billing information you provide are accurate and that you are authorized to use them.

For a standard order, payment is generally authorized or collected during checkout. Our payment provider may securely retain a payment method when you direct us to save it or when saving it is disclosed as part of a preorder.

Promotions may have additional terms. If promotion-specific terms conflict with these Terms, the promotion-specific terms control for that promotion.

Store credit may be used only through the associated eligible customer account, has no cash value except where required by law, and may be subject to correction if issued or credited in error. Refunds of store-credit-funded amounts are generally returned to store credit.

7. Preorders

A preorder reserves an item expected to become available later. It is not an in-stock purchase or a promise that a manufacturer will produce or deliver the item by a particular date.

Production status and estimated arrival or shipment dates may change. We will provide available material updates through email, SMS if separately authorized, or your preorder dashboard.

Payment Options

At checkout, the available preorder options may include:

  • Saved card for later automatic payment. Stripe securely saves the selected payment method. Except for store credit applied immediately, you are not charged when the preorder is placed. By choosing this option and placing the preorder, you authorize us to charge the saved payment method when the preorder is ready for payment for the remaining amount shown by the preorder order record, after credited discounts, store credit, refunds, or prior payments. We will email a receipt after a successful charge.
  • Payment request when ready. No payment details are collected for the future balance at preorder checkout. When the item is ready, we will send a payment request with the amount, due date, and payment options then available, which may include a card, Klarna, Affirm, or another supported method.
  • Store credit. Applied store credit is deducted when the preorder is placed. Any remaining balance follows the card or later-payment option selected at checkout.

You must keep your email, shipping address, and payment information current. An automatic charge may fail or require authentication.

If payment is not completed by the date stated in a payment request or after reasonable follow-up, we may cancel the affected reservation, subject to applicable law and any cancellation terms disclosed here.

Customer Cancellations

An eligible preorder may be canceled through your account before it reaches the ready-to-pack stage.

A $10 cancellation fee per unit applies to a customer-requested preorder cancellation.

If you have already paid, we retain the fee and refund the remaining paid amount attributable to the canceled quantity.

If the paid amount is less than the fee or no payment has been collected, you authorize us to charge the remaining fee to the saved payment method associated with the preorder. If no usable saved payment method is available, contact us to complete the cancellation.

Once a preorder is ready to pack, it can no longer be canceled through the customer cancellation flow.

After shipment, the Refund Policy applies unless the product is designated final sale or non-returnable.

Manufacturer Cancellation or DNP

If a manufacturer confirms that a preordered product will not be produced ("DNP") or we otherwise cannot fulfill the preorder, we will cancel the affected reservation without the customer cancellation fee.

We will refund amounts paid for it to the original payment source or store-credit account, as applicable. We may offer alternatives, but you are not required to accept a substitute.

8. Goods Not for Resale or Export

Products purchased through the Site are intended for your personal, household, or gift use only and may not be purchased for commercial resale or export.

You represent that purchases made through the Site are intended for final delivery to an address within the United States. We may limit quantities or reject or cancel an order when we reasonably believe it is intended for unauthorized resale or export, circumvents a stated purchase limit, or violates applicable law.

If we cancel an order under this section after collecting payment, we will refund the canceled amount.

9. Shipping and Delivery

We currently accept orders for final delivery to supported addresses in the United States. You are responsible for providing a complete and accurate delivery address and for charges disclosed at checkout.

Shipment and delivery dates are estimates unless expressly identified as guaranteed. We will make reasonable efforts to meet stated shipment times.

When applicable law requires a delay notice, consent to a delay, cancellation option, or refund, we will provide it.

Title and risk of loss pass as provided by applicable law. Contact us promptly about a lost, damaged, or misdelivered shipment so we can investigate with the carrier.

10. Returns and Refunds

Except for products designated final sale or non-returnable, we accept returns requested within 30 days after shipment when you provide proof of purchase and return the product in its original condition.

Start a return through our Contact Us page before sending the product.

Unless the return results from our error or applicable law requires otherwise:

  • original shipping and handling are not refundable; and
  • you are responsible for return shipping and risk during the return shipment.

We recommend tracked and insured return shipping.

We generally process an approved refund within approximately three business days after receiving and inspecting the return. A financial institution may take an additional seven to ten business days to post it.

Refunds are issued to the original payment source when possible. Amounts paid with store credit are generally returned to the applicable store-credit account.

Products clearly designated non-returnable are not eligible for a discretionary return, but this does not limit rights that cannot legally be waived.

For a damaged, defective, materially misdescribed, or incorrect item, contact us promptly with the order details and photographs where appropriate.

Any manufacturer warranty is subject to the manufacturer's terms and is separate from rights you may have against us under applicable law.

11. Sell Your Collection Requests

The collection-offer form is a request for evaluation, not a binding offer or agreement to purchase.

You represent that:

  • the submitted information is accurate;
  • you own or are authorized to sell the items; and
  • you have the right to provide the photographs and other materials.

You grant us a limited license to copy, review, transmit to our service providers, and internally use submitted materials solely to evaluate, document, and communicate about the potential transaction.

We are not required to make an offer, and you are not required to accept one. Any offer may be conditioned on inspection, verification of ownership and authenticity, and agreement on shipping, pickup, and payment.

12. Email Communications

We send operational emails needed for accounts and transactions, including security messages, receipts, shipping updates, preorder notices, payment requests, cancellations, and refunds.

You cannot opt out of messages necessary to complete an active transaction or protect an account.

Marketing email is optional and may include:

  • new releases;
  • restocks;
  • followed-driver updates;
  • sales and promotions; and
  • cart reminders for categories you selected.

You may unsubscribe through My Account or the unsubscribe link in a marketing email. An opt-out may take a reasonable period to process, not exceeding the time allowed by law.

13. SMS Terms

SMS enrollment is optional and is not a condition of purchase.

By providing a mobile number and separately checking an SMS consent box, you represent that you are the subscriber or customary user of that number and authorize The Pit Stop Diecasts to send the selected category of automated text messages to it.

  • Transactional program: Order, shipment, fulfillment, claim, exchange, preorder status, cancellation, refund, and payment-related updates. Message frequency varies.
  • Marketing program: New releases, deals, drop alerts, driver or product updates, restocks, and promotions. Up to 10 marketing messages per month.
  • Message and data rates may apply.
  • Reply STOP to unsubscribe from all The Pit Stop Diecasts text messages. We may send one final confirmation message.
  • After opting out, you must provide new consent through an available Site preference control before messages resume.
  • Reply HELP for help or use our Contact Us page.
  • Mobile carriers are not liable for delayed or undelivered messages.

Message delivery is not guaranteed and may be affected by your carrier, device, coverage, or number status.

If you change, deactivate, or transfer your number, update your account and SMS preferences promptly so messages are not sent to a new user of the number.

We may change or end an SMS program, but doing so does not permit us to send marketing messages without the required consent.

Our Privacy Policy explains how mobile information and consent records are handled.

14. Electronic Communications

You consent to receive agreements, disclosures, receipts, notices, and transaction records electronically at the contact information you provide or through the Site. You may retain copies for your records.

This section does not create consent to marketing email or SMS. Marketing consent is requested separately.

15. Third-Party Services and Links

The Site may display or link to third-party services, including payment, financing, shipping, analytics, or social-media services.

Their services and privacy practices are governed by their own terms. We are not responsible for an unrelated third-party site merely because the Site links to it, but we remain responsible for obligations that applicable law places on us.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE."

WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT TO THE EXTENT THOSE WARRANTIES MAY LEGALLY BE DISCLAIMED.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

THESE DISCLAIMERS DO NOT EXCLUDE AN EXPRESS COMMITMENT IN A PRODUCT LISTING OR ORDER CONFIRMATION AND DO NOT LIMIT A WARRANTY OR CONSUMER RIGHT THAT CANNOT LEGALLY BE DISCLAIMED.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PIT STOP DIECASTS AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUES, ARISING FROM THE SITE OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR A CLAIM RELATING TO A PRODUCT OR ORDER WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM.

FOR OTHER SITE-RELATED CLAIMS, OUR TOTAL LIABILITY WILL NOT EXCEED $100.

These limitations do not apply to liability that cannot be limited by law, including where applicable liability for fraud, willful misconduct, gross negligence, personal injury, or violation of non-waivable consumer rights.

18. Force Majeure

We are not liable for a delay or failure caused by events beyond our reasonable control, such as:

  • natural disasters;
  • fire or severe weather;
  • war, terrorism, or civil unrest;
  • government action;
  • labor or carrier disruption;
  • manufacturer or supply failure;
  • telecommunications failure;
  • cyberattack;
  • epidemic; or
  • power outage.

This section does not eliminate cancellation, notice, refund, or other rights required by law.

19. Informal Resolution, Arbitration, and Class-Action Waiver

Please read this section carefully. It affects the forum in which disputes are resolved.

Before filing arbitration, you and we agree to send an individual written notice describing the dispute and requested relief and to allow 30 days for a good-faith informal resolution.

Send notice to the postal address in Section 22. We may send notice to your account email or postal address.

This requirement does not prevent either party from seeking urgent temporary relief where legally available.

If the dispute is not resolved, either party may elect binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect.

The Federal Arbitration Act governs this arbitration agreement.

Arbitration may occur by telephone, video, written submissions, or in person in the county where you live, unless the parties agree otherwise. Fees will be allocated under the AAA Consumer Arbitration Rules and applicable law.

The arbitrator may award any individual remedy a court could award and will issue a reasoned written decision.

Either party may bring an eligible individual claim in small-claims court instead of arbitration.

Claims concerning infringement or misuse of intellectual property and requests for temporary injunctive relief may be brought in a court with jurisdiction.

ARBITRATION WILL PROCEED ONLY ON AN INDIVIDUAL BASIS. YOU AND THE PIT STOP DIECASTS WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, TO THE EXTENT PERMITTED BY LAW.

You may opt out of this arbitration agreement by mailing a signed notice within 30 days after you first accept these Terms.

The notice must:

  • state that you opt out of arbitration;
  • include your name;
  • include your account email, if any;
  • include your postal address; and
  • include your signature.

Opting out does not affect the rest of these Terms.

If a portion of this Section is unenforceable, it will be severed to the minimum extent necessary.

If the individual class-action waiver is unenforceable as to a particular claim or requested remedy, that portion will proceed in court after any arbitrable portions are completed.

20. Governing Law

Michigan law governs these Terms without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 19.

This choice does not deprive you of mandatory consumer protections of the state where you live.

Any court proceeding permitted under these Terms must be brought in a court with proper jurisdiction and venue.

21. Miscellaneous

These Terms, the Privacy Policy, the Refund Policy, and any applicable promotion or order-specific terms constitute the entire agreement concerning the covered subject matter.

If an order-specific disclosure conflicts with these Terms, the more specific disclosure controls for that order.

You may not assign these Terms without our written consent. We may assign them in connection with a merger, reorganization, financing, sale of assets, or transfer of the Site, subject to applicable law.

Our failure to enforce a provision is not a waiver. If a provision is unenforceable, the remaining provisions remain effective.

Provisions that by their nature should survive—including payment obligations, intellectual-property provisions, disclaimers, liability limitations, and dispute terms—will survive termination.

22. Contact and Notices

Questions may be submitted through our Contact Us page.

Formal legal notices and arbitration opt-out notices must be mailed to:

The Pit Stop Diecasts, LLC

1030 N. Cherry Street

Evart, MI 49631