Terms & Conditions - The Metal Shop

The Metal Shop’ goal is to make your Metal Shop Monster Truck Event Ticket purchasing as easy, cost effective and enjoyable as possible. Our Sales Terms and Conditions ("Sales Terms") shall apply to purchases through our customer call center and your purchase of any product from The Metal Shop online inventory. By using or visiting this site, or purchasing tickets and tickets packages in any manner from The Metal Shop, you expressly agree to abide and be bound by these Sales Terms, as well as all applicable laws, ordinances and regulations. You represent that you are legally able to enter into a binding contract. If you are under the age of 18, then you may only use this site or our customer call center in conjunction with, and under the supervision of, a parent or guardian.

Our Sales Terms are listed below:

All orders placed on the https://shop.themetalshop.com/event/the-monsters-of-metal website or with our customer service representatives must be confirmed before the Buyer Guarantee takes effect.
All sales are final; there are no cancellations, returns, or exchanges for any reason.
Ticket prices may be above the "face value" listed on the ticket (additionally, they may also be below "face value").
If an event is postponed, rescheduled or modified, and the original tickets are valid for entry at the time of the rescheduled event, your order will not qualify for a refund in any form. If an event is canceled, you will be given a refund based upon the amount which is refunded to The Metal Shop by its suppliers. The Metal Shop will issue proportional refunds for certain canceled events based upon the refundable amount that The Metal Shop is able to recover on its customers’ behalf from it’s suppliers. If an event is cancelled or modified due to pandemic, war, terrorism or other events commonly defined, please see below under Force Majeure / Acts of God.)
Our Buyer Guarantee provides for a full refund in the unlikely event that you do not receive valid tickets in time for you to attend the event.

Once you identify the travel packages that you would like to purchase, and select them, you will be directed through the checkout process where you will enter your name and address, and provide payment information. You will also be able to review the purchase details, total order price, and service and delivery fees. The total order value will include any applicable service and delivery fees that must be added by The Metal Shop. These service and delivery fees cover the standard costs of company operations, including obtaining premium inventory for featured events, premium customer service, website improvements, and safe and secure checkout and delivery of monster truck tickets for The Metal Shop.

By placing an order, you authorize The Metal Shop to charge your method of payment for the total order amount. Your order is then reviewed by our customer service team for confirmation.

Pricing Errors

The Metal Shop makes every effort to prevent pricing errors. On the rare occasion when a pricing error may occur, The Metal Shop shall not be liable to the customer for this error. If a travel package or individual ticket is subject to a pricing error, The Metal Shop may offer the items to you at the corrected price. If the corrected price is not acceptable to you, The Metal Shop and will allow you to cancel your order immediately with no penalty. All pricing is confirmed with the customer at the time of their order by an employee of The Metal Shop.

Payment

By placing your order, you authorize The Metal Shop to charge your method of payment for the total amount unless otherwise specified. We accept Visa, Master Card, Discover, American Express and PayPal. We also accept payment by check and money order prior to 90 days before your event. For full-service inclusive travel packages (which may include hotel, tickets, hospitality, transfers, etc), the initial deposit payment can be made by wire transfer, bank check, or credit card. All subsequent payments of $3,000 or more may be made by wire transfer, bank check, credit card or personal check. However, any Credit Card payments greater than $3,000, with the exception of the initial deposit, are subject to a service fee of 3.25%. If you prefer to make subsequent payments by check, please contact your event representative for mailing instructions or bank transfer information. Late payments are subject to a late payment fee of 2.5% of the total outstanding balance of the invoice. Late payments are subject to a late payment fee of 2.5% of the total outstanding balance of the invoice. This fee will be automatically assessed at the point where a payment is past due. Payments that are more than 14 days in arrears are subject to immediate cancellation of the entire invoice with no refund.

In the event that you dispute a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, The Metal Shop has the right to recover payment, including all associated fees, by all means necessary, including use of collection agencies and legal proceedings. The Metal Shop may also mitigate its damages by re-selling the travel package components that are the subject of the underlying payment dispute.

Client and Event Ticket Holder Behavior Policy

Event attendees must abide by the rules and policies of the venue, team, organizer and anyone else responsible for the event. Failure to follow such rules and policies may lead to consequences against you, the original season ticket holder and The Metal Shop. If you or another person using the monster truck event ticket that you purchased from The Metal Shop fails to abide by those rules and policies, you are responsible for all applicable fines and legal or other expenses associated therewith. If you are asked to leave the event or you miss part of the event due to suspected or confirmed inappropriate behavior, you will not qualify for a refund. Further, should any violation result in the loss of the original ticket season holder or seller's ticket rights or right to use any other tickets at that venue, or the right to purchase other tickets from that venue, you shall be held liable for all reasonable costs, expenses and losses associated with said loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.

All Sales are Final

All sales are final. No refunds will be given by The Metal Shop for any reason other than cancellation of the event or failure to timely deliver valid tickets. This policy is necessary because of our status as supplier to live major national sporting events. When a purchase is confirmed by The Metal Shop, we make financial commitments to our vendors, suppliers and hotels that are non-refundable. The pricing in the ticket market also changes frequently and just as the seller is not permitted to decline to confirm an order in anticipation of the market going up, buyers are not permitted to return tickets or cancel an order due to the market price going down. A buyer may consign to sell their tickets through The Metal Shop if, after purchase, the buyer decides not to attend the event subject to certain restrictions, in which case a buyer may sell the tickets by alternative means.

If The Metal Shop fails to deliver any ticket, then The Metal Shop' sole obligation or liability shall be limited to refunding the buyer any refundable payments available from it’s suppliers made to The Metal Shop under this Agreement.

Cancelled and Postponed Sport Events

The Metal Shop will issue refunds for certain canceled events based upon the refundable portion that The Metal Shop is able to recover from it’s suppliers. If an event is cancelled or modified due to pandemic, please see below under Force Majeure / Acts of God. No refunds will be given without the original tickets, unless otherwise determined by The Metal Shop, in its sole discretion. The Metal Shop will determine when an event is canceled based upon the best information available as provided by the team, venue or event organizer. Postponed, modified or rescheduled events will not be refunded.

Event date, times, venue and subject matter may change.

Denial of Admission

If you have difficulty gaining admission to an event, contact us immediately. If the issue you are experiencing is not resolved and you are denied admission, you must obtain proof from the venue verifying that you were denied entry and send that to The Metal Shop along with a statement describing the specific circumstances. The Metal Shop will provide you with a form to complete at this time.

Upon receipt of the evidence and form, The Metal Shop will conduct an investigation. During that investigation, we will review the proof you submit and contact the venue. In the event that The Metal Shop determines that you were indeed denied entry, at no fault of your own, you will receive a full refund of the cost of the ticket including all fees and shipping charges, as the sole remedy. If the investigation results in a finding that you either did not attempt to use your tickets, you were granted entry, or your claim that you were denied entry has been found to be false, you will not be refunded and you may be subject to the consequences described below.

Lost, Stolen, or Damaged Sporting Event Tickets

Please keep your tickets in a safe place. The Metal Shop is not responsible for lost, stolen, damaged or destroyed tickets and will not refund your order if you cannot locate your tickets once they are delivered to you. The Metal Shop is a private monster truck entity and not associated with any venue, team or event so we do not generate tickets and cannot reissue replacements. Please note that direct sunlight or heat can damage certain types of tickets and it is your responsibility to keep your tickets in a safe and appropriate location.

The Metal Shop may use your information only as described in our Privacy Policy. View our Privacy Policy here.

Unlawful Activity

The Metal Shop prohibits the use of its website, name or logo for unlawful conduct. Users must comply with all local, state, federal and international laws, ordinances and regulations. By using this website, you agree not to supply any false personal information or use an invalid or unauthorized credit or debit card.

Investigations and Consequences

For any reason, The Metal Shop may, without prior notice, enforce certain consequences for violations of the Sales Terms or failure to cooperate with an investigation. Such consequences include but are not limited to:

Canceling confirmed orders
Suspending or terminating your account
Rejecting pending orders
Blocking future transactions
Taking legal action such as filing civil or criminal charges, or seeking an injunction.

You agree that monetary damages may not provide a sufficient remedy to The Metal Shop for violations of these Sales Terms and that the damages and harm caused by such violation may lead to impaired good will, lost sales and increased expenses that are difficult to calculate. Accordingly, you consent to injunctive or other equitable relief for such violations.

The Metal Shop reserves the right to report to appropriate law enforcement authorities or other relevant third parties any activity that it believes, in its sole discretion, may in any way violate any local, state, federal or international law.

Intellectual Property Ownership

This website, including all information, ticket and travel package databases, trademarks, logos, service marks, images, proprietary information and materials (and any intellectual property and other rights relating thereto) ("The Metal Shop' Property") is owned by The Metal Shop and will remain the property of The Metal Shop. Users of this site acknowledge that they do not acquire any ownership rights by using the site. Users may not use any The Metal Shop' Property in connection with any product or service that is not offered by The Metal Shop, in any manner that is likely to cause confusion with The Metal Shop' business, or in any manner that disparages The Metal Shop. Nothing contained on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any The Metal Shop' Property without the express written permission of The Metal Shop.

The content, design, graphics and "look and feel" as well as all The Metal Shop’ Property available on this site, including, without limitation, images and written and other materials (the "Contents"), are intellectual property protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). You may not download, print, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any of the Content except in the course of viewing the site online for lawful purposes, and in making single copies of selected pages of the site for personal use and not for distribution or posting on any other site. You also agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

Indemnification

You agree to indemnify, defend and hold The Metal Shop, its affiliates, suppliers, and sponsors, and their respective agents and other representatives ("Indemnified Parties") harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of any of the Sales Terms; (b) any federal, state, or county tax obligation including amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of The Metal Shop; and/or (c) your activities in connection with your use of this site.

Disclaimers and Limitations on Liability

Limitation of Liability

The Metal Shop is not responsible or liable to you or any third party for any indirect or incidental damages arising out of or relating in any way to use of this website or participation event purchased from The Metal Shop.

Arbitration and Dispute Resolution

You and The Metal Shop each agree that any and all disputes, controversies, or claims arising out of or relating to these Sales Terms; The Metal Shop' services; or any tickets, packages or other items sold or purchased through this site shall be resolved exclusively through final and binding arbitration rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation of these Sales Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Sales Terms is void or voidable.

If either you or The Metal Shop intends to bring a claim against the other, that party must first send to the other, by certified mail, a completed Intent to Arbitrate Notice ("Intent Notice"). The Intent Notice to The Metal Shop should be sent to The Metal Shop, Attention: The Metal Shop, 10690 Allens Mill rod, Delmar, DE 19940.If you and The Metal Shop are unable to resolve the dispute described in the Intent Notice within thirty (30) days after the Intent Notice is received, you or The Metal Shop may initiate an arbitration proceeding.

The arbitration will be conducted by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, as modified by this agreement to arbitrate. Exclusive jurisdiction for any such arbitration shall be in Delmar, Delaware. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings, Demand for Arbitration, is available on the AAA's website. In addition to filing the Demand for Arbitration with the AAA, in accordance with its rules and procedures, you must send a copy of the completed form to The Metal Shop at the following address: The Metal Shop, Attention: The Metal Shop, 10690 Allens Mill rod, Delmar, DE 19940.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement to arbitrate. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous or brought for an improper purpose, you agree to reimburse The Metal Shop for all fees associated with the arbitration paid by The Metal Shop.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You may choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate, you must notify The Metal Shop in writing within thirty (30) days of the date that you first access this website. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with The Metal Shop through arbitration. Written notification should be mailed by certified mail to: The Metal Shop, Attention: The Metal Shop, 10690 Allens Mill rod, Delmar, DE 19940.

Modification

The Metal Shop has the right, in its sole discretion, to modify, suspend or discontinue any part of this site at any time, with or without notice.

Changes in Terms and Conditions

The Metal Shop reserves the right, in its sole discretion, to change these Sales Terms at any time. If The Metal Shop changes any term or condition, said modification, revision and additional information shall be posted here and shall automatically replace the terms and conditions and become binding on all users of this site. Your continued use of the site following The Metal Shop' posting of revised terms and conditions constitute your acceptance of the revised agreement.

Force Majeure / Acts of God

The Metal Shop shall not be deemed in default or otherwise liable under these Sales Terms due to its inability to perform its obligations by reason of any Act of God, pandemic, fire, earthquake, blizzard, flood, epidemic, accident, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, war, any law ordinance or regulation, legal order (unless caused by The Metal Shop' default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under The Metal Shop' control.

Allocation of Risk

You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk and that the pricing and other terms and conditions of this agreement reflect such allocation of risk.

Additional Provisions

These Sales Terms, the use of the The Metal Shop website, and any purchases monster truck events tickets hereunder will be governed by the laws of the State of Delaware, without reference to conflict of law principles.

These Sales Terms contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied.

If any provision of these Sales Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.