Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Kannibal Hektor.

The terms “we,” “us,” and “our” refer to Kannibal Hektor. Kannibal Hektor operates this store and website, including the information, content, features, tools, products, and services made available through it (collectively, the “Services”). The store is powered by Shopify, which provides the ecommerce platform that enables us to offer the Services to you.

These Terms of Service (“Terms”), together with any policies referenced in them, govern your access to and use of the Services and your purchase of products from Kannibal Hektor.

Please read these Terms carefully. They contain important information regarding your legal rights and responsibilities, including warranty disclaimers, limitations of liability, intellectual property rights, order terms, and provisions relating to limited-edition and handmade works.

By visiting, interacting with, purchasing from, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you should not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNTS

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you are the age of majority and have consented to allow any minor dependents under your supervision to use the Services on devices you own or control.

To use certain portions of the Services or make a purchase, you may be required to provide information including your name, email address, billing information, payment information, and shipping address.

You represent that all information you provide is accurate, current, complete, and that you have the right to provide it.

If you create or use a customer account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account. You may not sell, assign, transfer, or license your account to another person without our permission.

SECTION 2 — OUR PRODUCTS

Kannibal Hektor creates and offers original precious-metal works, including hand-cast and hand-finished silver works, bullion-inspired objects, jewelry, sculptures, limited editions, one-of-one works, physical Bitcoin pieces, and other collectible objects.

We make reasonable efforts to accurately photograph, describe, measure, and represent each product. However, colors, tones, patina, surface appearance, scale, and other visual characteristics may appear differently depending on lighting, photography, monitor settings, mobile-device settings, and other factors.

Handmade and hand-finished works

Many Kannibal Hektor pieces are individually cast, struck, antiqued, patinated, polished, assembled, stamped, engraved, or otherwise finished by hand.

As a result, slight variations may occur in:

  • surface texture;
  • color and patina;
  • antique finish;
  • dimensions;
  • weight;
  • edge character;
  • tool marks;
  • casting characteristics;
  • polishing;
  • stamping;
  • serial-number placement; and
  • other handmade details.

These differences are inherent characteristics of individually made objects and are not, by themselves, defects.

Unless expressly stated otherwise, stated weights and dimensions should be understood as nominal or approximate where normal handmade variation is possible.

Limited editions and one-of-one works

Certain products are offered as limited editions, numbered works, one-of-one pieces, prototypes, artist studies, or discontinued works.

The specific product listing controls the edition, mintage, serial, artist-copy, prototype, or one-of-one status of that work.

A buyer should not assume that prototypes, test pieces, artist copies, alternate finishes, or other examples do or do not exist unless the applicable product listing expressly states so.

Limited-edition and one-of-one works may be impossible to replace if lost, damaged, or otherwise unavailable.

We reserve the right to discontinue a design, edition, finish, product, or collection at any time.

SECTION 3 — PRECIOUS METALS, COLLECTIBLE VALUE, AND MARKET VALUE

Many Kannibal Hektor products are made from precious metals, including .999 fine silver and, in some cases, gold or other metals.

The sale price of a Kannibal Hektor work reflects more than the intrinsic value of the raw metal. Pricing may reflect original design, sculpting, casting, minting, finishing, labor, limited production, packaging, presentation, provenance, collectible demand, artistic value, and other factors.

Precious-metal market prices fluctuate continuously. We make no representation or guarantee regarding the future market value, resale value, melt value, collectible value, or investment performance of any product.

A purchase from Kannibal Hektor should not be interpreted as financial, investment, tax, or commodities advice.

SECTION 4 — ORDERS

Submitting an order constitutes an offer to purchase.

Kannibal Hektor reserves the right to accept, decline, limit, or cancel an order where reasonably necessary, including in cases involving suspected fraud, inventory errors, pricing errors, payment problems, duplicate orders, attempts to circumvent purchase limits, or other circumstances affecting the integrity of a release.

An order is not considered finally accepted until payment has been successfully processed and the order has been accepted for fulfillment.

Please review your order carefully before submitting it.

Cancellation requests may not be possible after an order has entered production, processing, packing, customization, or shipment.

Returns, exchanges, cancellations, and refunds are governed by our Refund Policy, which is incorporated into these Terms by reference.

Secondary-market resale

Lawfully purchased Kannibal Hektor products may be resold by their owners on the secondary market, subject to applicable law.

However, purchase or ownership of a physical Kannibal Hektor object does not transfer copyright, trademark rights, reproduction rights, design rights, manufacturing rights, commercial-use rights, or any other intellectual property rights associated with the object.

Ownership of the object and ownership of the underlying design are separate.

SECTION 5 — PRICES, PAYMENT, AND BILLING

Prices, discounts, promotions, product availability, and release terms may change without notice.

The price applicable to an order is the price displayed and accepted at the time the order is placed, subject to correction of genuine errors as described elsewhere in these Terms.

Unless expressly stated otherwise, displayed prices do not include shipping charges, taxes, customs duties, brokerage charges, import fees, or similar governmental charges.

You agree to provide current, complete, and accurate billing, payment, shipping, and account information.

You represent that you are authorized to use any payment method submitted for a purchase.

Kannibal Hektor may accept payment methods including traditional payment processors, Bitcoin, cryptocurrency, or other payment methods when made available at checkout. Availability of a particular payment method may change.

Where cryptocurrency is used as payment, refunds, if approved, may be handled according to the terms communicated at the time of resolution and subject to applicable law and payment-processing limitations.

SECTION 6 — PHYSICAL BITCOIN AND DIGITAL ASSET WORKS

Certain Kannibal Hektor works may incorporate or be associated with a physical cryptocurrency wallet, Bitcoin address, private-key system, funded digital asset, tamper-evident security feature, QR code, hologram, record card, or related wallet component.

These pieces are collectible physical objects and should not be interpreted as investment advice, financial advice, tax advice, or a recommendation to purchase or hold cryptocurrency.

Digital-asset value

The value of Bitcoin, cryptocurrency, and other digital assets may rise or fall substantially and may be highly volatile.

Kannibal Hektor makes no representation, warranty, or guarantee concerning:

  • future cryptocurrency value;
  • future collectible value;
  • liquidity;
  • appreciation;
  • investment performance;
  • tax treatment; or
  • the continued existence or functionality of any blockchain, protocol, wallet software, exchange, or third-party service.

Wallet construction

Where a product listing states that wallet credentials or private keys were created or handled by an independent wallet builder, those credentials may be generated independently of Kannibal Hektor.

Kannibal Hektor does not receive or retain private keys when the applicable product listing expressly states that the wallet was constructed using a process in which Kannibal Hektor does not receive or have access to those keys.

The particular wallet-construction method described in the applicable product listing controls.

Security after delivery

After a wallet piece is delivered, the purchaser is responsible for safeguarding the physical object and any associated:

  • private keys;
  • recovery information;
  • QR codes;
  • wallet credentials;
  • tamper-evident holograms;
  • seals;
  • security features; and
  • redemption information.

Kannibal Hektor is not responsible for loss resulting from a purchaser’s loss, disclosure, destruction, copying, compromise, redemption, or mishandling of wallet credentials after delivery, except where liability cannot lawfully be excluded.

Opening, redeeming, altering, damaging, removing, or disturbing a tamper-evident security feature may permanently alter the collectible condition, functionality, provenance, or value of the piece.

Physical Bitcoin and funded wallet pieces are also subject to the additional conditions stated in our Refund Policy.

SECTION 7 — SHIPPING AND DELIVERY

Delivery dates and transit times are estimates only and are not guaranteed.

Kannibal Hektor is not responsible for delays caused by shipping carriers, customs processing, severe weather, governmental action, transportation disruptions, natural disasters, or other events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address.

If a shipment is returned because an incorrect, incomplete, or undeliverable address was provided, additional shipping charges may apply before the order is resent.

If an order:

  • arrives damaged;
  • appears to have been lost in transit;
  • is materially different from the item ordered; or
  • contains an incorrect item,

please contact Kannibal Hektor promptly and follow the procedures contained in our Refund Policy.

Do not discard shipping boxes, packing materials, labels, or damaged items until a shipping claim has been reviewed and resolved.

International customers, when international shipping is offered, are responsible for determining whether an item may lawfully be imported into their jurisdiction and for applicable duties, taxes, customs charges, brokerage fees, or import restrictions.

SECTION 8 — INTELLECTUAL PROPERTY

The Services and the creative material associated with Kannibal Hektor are owned by Kannibal Hektor or used with authorization and are protected by applicable copyright, trademark, trade-dress, and other intellectual-property laws.

Protected material may include, without limitation:

  • product designs;
  • jewelry designs;
  • sculptures;
  • reliefs;
  • bars;
  • coins;
  • medallions;
  • 3D models;
  • digital sculpts;
  • photographs;
  • videos;
  • graphics;
  • logos;
  • marks;
  • packaging;
  • product names;
  • collection names;
  • written descriptions;
  • catalog language;
  • fictional lore;
  • Regni Profani material;
  • Cathedral Bonework designs and terminology;
  • website design elements; and
  • other original creative material.

The Services are provided for personal, non-commercial use unless Kannibal Hektor gives prior written permission otherwise.

You may not reproduce, copy, distribute, modify, publish, manufacture, commercially exploit, create derivative commercial products from, or otherwise use protected Kannibal Hektor material without prior written authorization.

For clarity, purchasing a physical Kannibal Hektor object does not grant permission to:

  • mold it for reproduction;
  • cast copies;
  • 3D scan it for reproduction;
  • photogrammetrically reproduce it;
  • create manufacturing files from it;
  • digitally model it for reproduction;
  • mint copies;
  • print copies;
  • manufacture derivative commercial products;
  • reproduce its artwork commercially; or
  • otherwise commercially exploit the underlying design.

Kannibal Hektor names, logos, marks, product names, designs, and slogans may constitute trademarks or other protected source identifiers and may not be used in a manner likely to cause confusion regarding affiliation, sponsorship, authenticity, or origin.

All rights not expressly granted are reserved.

SECTION 9 — OPTIONAL TOOLS

We may provide access to third-party tools, services, applications, payment systems, wallet tools, or other functionality that we do not control.

Such tools may be provided “as is” and “as available” without warranties, representations, or endorsement from Kannibal Hektor.

Your use of third-party tools is at your own discretion and may be governed by separate terms imposed by the third party.

We may introduce additional tools, features, or resources in the future. Unless otherwise stated, those features are considered part of the Services and are governed by these Terms.

SECTION 10 — THIRD-PARTY LINKS AND SERVICES

The Services may contain links, integrations, embedded content, payment functionality, wallet information, shipping services, social-media services, or other material provided by third parties.

Kannibal Hektor is not responsible for examining, controlling, or guaranteeing the accuracy, availability, practices, products, services, security, or content of independent third parties.

If you access a third-party service or website, you do so subject to that third party’s own terms and policies.

Questions, disputes, or claims regarding third-party products or services should generally be directed to the applicable third party.

SECTION 11 — RELATIONSHIP WITH SHOPIFY

Kannibal Hektor is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our Store are made directly with Kannibal Hektor.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Kannibal Hektor, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Kannibal Hektor.

SECTION 12 — PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because the Services are hosted by Shopify, Shopify also collects and processes certain information relating to your access to and use of the Services in order to provide and improve Shopify’s services.

Information submitted through the Services may be transmitted to or processed by Shopify and other service providers, including service providers located outside your state, province, or country.

Please review our Privacy Policy and Shopify’s Privacy Policy for additional information.

SECTION 13 — FEEDBACK, REVIEWS, AND SUBMISSIONS

If you voluntarily submit reviews, photographs, testimonials, comments, suggestions, ideas, feedback, or similar material relating to Kannibal Hektor or the Services (“Feedback”), you represent that you have the right to submit that material.

Unless otherwise expressly agreed in writing, you grant Kannibal Hektor a non-exclusive, worldwide, royalty-free license to reproduce, display, publish, and use Feedback for legitimate business, promotional, archival, and marketing purposes.

We are not obligated to:

  • keep unsolicited Feedback confidential;
  • compensate you for Feedback; or
  • respond to Feedback.

You may not submit material that violates intellectual-property rights, privacy rights, publicity rights, or applicable law, or that contains malicious software, knowingly false information, or unlawful content.

SECTION 14 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information appearing through the Services may contain typographical errors, inaccuracies, or omissions relating to:

  • product descriptions;
  • weights;
  • dimensions;
  • pricing;
  • photographs;
  • editions;
  • inventory;
  • availability;
  • promotions;
  • shipping;
  • transit times;
  • cryptocurrency funding information; or
  • other product information.

We reserve the right to correct genuine errors, inaccuracies, or omissions and to update information when appropriate.

If a material error affects an order already placed, we may contact you to provide an appropriate resolution, including cancellation and refund where necessary.

SECTION 15 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

  • violate applicable law;
  • infringe intellectual-property rights;
  • impersonate another person or entity;
  • provide knowingly false or misleading information;
  • harass, threaten, defame, or abuse another person;
  • transmit malware, viruses, or harmful code;
  • interfere with the security or operation of the Services;
  • obtain unauthorized access to accounts, systems, data, or non-public material;
  • scrape or harvest personal information;
  • conduct fraudulent transactions;
  • circumvent purchase limits;
  • defeat anti-bot protections or access restrictions; or
  • engage in conduct that materially interferes with other customers’ ability to use the Services.

You may not reproduce, extract, copy, scrape, sell, resell, or exploit a substantial portion of the Services or their content for commercial use without authorization.

We reserve the right to suspend or terminate access where we reasonably believe these Terms have been violated.

SECTION 16 — AUTOMATED AGENTS

This section applies where software, automated agents, artificial-intelligence systems, bots, or similar technologies (“Agents”) access or interact with the Services.

Agents must not conceal their automated nature or intentionally circumvent measures designed to control automated access.

We may restrict, limit, block, or regulate automated access to the Services through technical or other reasonable measures.

Agents may not bypass CAPTCHAs, anti-bot systems, access restrictions, purchase limits, security systems, or other controls intended to distinguish automated use from human use or to protect limited releases.

SECTION 17 — TERMINATION

We may suspend or terminate access to some or all of the Services where reasonably necessary, including for violations of these Terms, suspected fraud, abuse, security threats, or unlawful conduct.

Termination does not eliminate obligations incurred before termination, including amounts lawfully owed.

Sections that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, liability, indemnification, privacy, governing law, and rights accrued before termination.

SECTION 18 — DISCLAIMER OF WARRANTIES

Information provided through the Services is made available for general informational purposes.

To the fullest extent permitted by law, the Services are provided “as is” and “as available.”

Except where expressly stated by Kannibal Hektor or required by applicable law, we do not guarantee that:

  • the Services will always be available;
  • use of the Services will be uninterrupted or error-free;
  • every product will precisely match screen representations;
  • collectible value will increase;
  • precious-metal value will increase;
  • cryptocurrency value will increase; or
  • a particular product will remain available.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.

Nothing in these Terms excludes rights that cannot lawfully be waived or limited.

SECTION 19 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, KANNIBAL HEKTOR AND ITS AFFILIATES, PARTNERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS MAY INCLUDE, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF BUSINESS OPPORTUNITY, REPLACEMENT COSTS, OR SIMILAR DAMAGES.

THE FOREGOING DOES NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE DISCLAIMED OR LIMITED.

Some jurisdictions do not permit certain exclusions or limitations of liability, in which case those limitations apply only to the maximum extent permitted by applicable law.

SECTION 20 — INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Kannibal Hektor, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, liabilities, damages, losses, and reasonable legal fees arising from:

  1. your material breach of these Terms;
  2. your violation of applicable law;
  3. your infringement of the rights of another person; or
  4. your unlawful or unauthorized use of the Services.

We will provide reasonable notice of an indemnifiable claim when practicable.

SECTION 21 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law.

The unenforceable portion will be considered severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 22 — WAIVER AND ENTIRE AGREEMENT

Failure by Kannibal Hektor to enforce any provision of these Terms on one occasion does not constitute a waiver of that provision or of the right to enforce it later.

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies or release-specific terms posted through the Services, constitute the agreement governing your use of the Services and purchases made through them.

Where a product listing contains specific terms that conflict with general language in these Terms, the more specific product or release terms will control with respect to that product to the extent permitted by law.

SECTION 23 — ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Kannibal Hektor may assign or transfer its rights and obligations in connection with a sale, transfer, restructuring, reorganization, or continuation of the business, subject to applicable law.

SECTION 24 — GOVERNING LAW

These Terms and any separate agreements through which Kannibal Hektor provides Services will be governed by the laws of the State of California and applicable federal law, without regard to conflict-of-law principles, except where applicable consumer-protection law requires otherwise.

To the extent a dispute may lawfully be required to proceed in a particular forum, you and Kannibal Hektor consent to the jurisdiction of the appropriate state or federal courts located in or serving Fresno County, California.

Nothing in this section deprives a consumer of protections that cannot lawfully be waived under applicable law.

SECTION 25 — HEADINGS

Section titles and headings are provided for convenience and organization only and do not limit or alter the meaning of these Terms.

SECTION 26 — CHANGES TO THESE TERMS

The current version of these Terms will be available through the website.

We may update or revise these Terms from time to time to reflect changes in the Services, business practices, law, technology, payment methods, products, or other operational requirements.

Material changes will be handled in accordance with applicable law.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the updated Terms where permitted by law.

SECTION 27 — CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Kannibal Hektor
999@kannibalhektor.com
Kingsburg, California, United States

Additional business contact information, where required, is available through our Privacy Policy.