Refund Policy

At Ember Collective Breaks, we strive to provide an exceptional experience for all our customers participating in trading card breaks, purchasing merchandise, or engaging with our services. This Refund and Return Policy outlines our commitment to transparency and fairness while clearly defining the terms applicable to all transactions. Please read this policy carefully before making a purchase, as it forms a binding part of our Terms of Use. By completing a transaction, you acknowledge and agree to these terms.

This policy complies with applicable Minnesota consumer protection laws, including but not limited to Minnesota Statutes Chapter 325F (Consumer Protection) and the Uniform Commercial Code (UCC) as adopted in Minnesota (Chapter 336). Under Minnesota law, no general right to refunds exists for online sales or services unless explicitly provided by the seller or required by specific circumstances (e.g., defective goods under warranty or unconscionable practices under Minn. Stat. § 325F.69). Custom or service-based offerings, such as break spots, are explicitly excluded from refund mandates. We reserve the right to update this policy at any time, with changes effective upon posting on our website.

1. General No-Refund Policy for Breaks and Digital Services

All sales of break spots, randomizations, live or pre-recorded group breaks, and related digital services are final and non-refundable. This includes:

Purchases of spots in any trading card break (e.g., NFL, NBA, or entertainment packs).
Entry fees for hit drafting, team selections, or randomization processes.
Any virtual or streamed content associated with breaks.

Rationale and Exceptions: Break spots are custom-ordered services tailored to the specific event, making them non-returnable under Minnesota law (Minn. Stat. § 325F.80, subd. 4, excluding custom goods and services). Once a break commences or a spot is assigned, the transaction is complete and irrevocable. Refunds will only be considered in extraordinary circumstances, such as:

Proven technical failure on our end (e.g., randomization error due to platform outage), limited to a credit toward a future break at our discretion.
Event cancellation by Ember Collective Breaks (e.g., due to inventory issues), in which case a full refund or equivalent credit will be issued within 7-10 business days.

No refunds will be issued for changes of mind, dissatisfaction with break outcomes (e.g., "bad hits" or randomization results), or failure to participate after purchase. All randomizations are conducted using verified third-party tools (e.g., random.org) and are final.

2. Merchandise Returns and Exchanges (Clothing and Headwear)

For physical merchandise such as custom hats, apparel, or headwear featuring the Ember Collective logo or branding:

All sales are final on undamaged items. No refunds or exchanges for changes of mind, incorrect sizing (customer responsibility to select correctly), or non-defective returns.
Exchanges for damaged or defective items: We will exchange qualifying items within 30 days of delivery if they arrive damaged, defective, or materially different from the description (e.g., printing errors, tears, or faulty stitching). To initiate an exchange:
1. Contact us at support@embercollectivebreaks.com within 7 days of receipt, providing photos of the damage, your order number, and proof of purchase.
2. Return the item in its original condition (with tags attached) to our address in Champlin, MN, using a trackable shipping method. You are responsible for return shipping costs unless the damage is our fault.
3. Upon inspection (within 5-7 business days of receipt), we will ship a replacement item at no additional cost, or issue store credit if the replacement is unavailable.

This policy aligns with Minnesota's implied warranty of merchantability under the UCC (Minn. Stat. § 336.2-314), ensuring defective goods are remedied without unnecessary burden on consumers. However, custom-branded items (e.g., embroidered hats) are non-returnable except for defects, as they are considered special-ordered.

3. Shipping and Delivery Responsibility

Ember Collective Breaks ships all merchandise via reputable carriers (e.g., USPS, UPS, or FedEx) with tracking provided upon dispatch. Delivery times are estimates only and may vary due to carrier delays, weather, or other uncontrollable factors.

Risk of Loss and Damage:

Title to and risk of loss for all shipped items passes to you upon delivery to the carrier (FOB shipping point, per standard UCC principles under Minn. Stat. § 336.2-509). This means you assume responsibility for the item once it leaves our facility.
We are not liable for damage, loss, theft, or delays occurring during transit. Common carriers maintain their own insurance and claims processes; we recommend:
- Purchasing shipping insurance at checkout (available for an additional fee).
- Filing claims directly with the carrier for lost or damaged packages using the provided tracking number.
- Inspecting packages upon arrival and reporting issues to the carrier immediately (typically within 7-60 days, depending on the service).

Under Minnesota law, sellers are not required to bear shipping risks unless explicitly agreed (no such agreement here). If an item arrives damaged due to our packaging error (verified upon return), we will cover return shipping and provide a replacement as outlined above. For international shipments, you are responsible for all customs duties, taxes, and import fees.

4. How to Contact Us for Assistance

If you believe you qualify for an exception under this policy or have questions:

Email: embercollectivebreaks@gmail.com (response within 3-5 business days).

We aim to resolve issues promptly and fairly. If you are a Minnesota resident and feel this policy has been applied unfairly, you may contact the Minnesota Attorney General's Office Consumer Services Division at (651) 296-3353 or ag.state.mn.us/Consumer for assistance.

5. Limitations and Governing Law

This policy does not affect your statutory rights under Minnesota or federal law, including protections against deceptive practices (Minn. Stat. § 325F.68-70). All disputes are governed by Minnesota law and resolved in Hennepin County courts. We reserve the right to deny requests that violate this policy or applicable terms.