Omeli Gaming

Terms of Service

Terms of Service for Omeli Gaming

Last Updated: June 30, 2025

Please read these Terms of Service ("Terms", "Agreement") carefully before using the Omeli Gaming website (omeligaming.bigcartel.com) and any services offered by Omeli Gaming ("Service"). This Agreement sets forth the legally binding terms and conditions for your use of the website and services.

By accessing or using the Service in any manner, including, but not limited to, visiting or Browse the site or contributing content or other materials to the site, you agree to be bound by these Terms of Service. If you disagree with any part of the terms then you may not access the Service.

1. About Omeli Gaming

Omeli Gaming ("we", "us", "our") operates the website omeligaming.bigcartel.com. We offer mail-in repair services for game consoles and their accessories, as well as controller upgrades and customizations, available both as mail-in services and for new purchases. Our target audience is gamers.

2. User Accounts

2.1 Account Creation: To purchase our services and items, users are required to create an account through our Big Cartel platform. During account creation, you will be required to provide certain information, including your full name, email address, and shipping/billing address. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Responsibilities: You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2.3 Account Termination: We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Any fraudulent, abusive, or otherwise illegal activity, or any activity that violates these Terms, may be grounds for termination of your account at our sole discretion, and you may be reported to appropriate law enforcement agencies.

3. Services Offered

Omeli Gaming provides the following services:

  • Mail-in repair services for games consoles and their accessories.
  • Controller upgrades and customizations (available both as mail-in services and new purchases).

All services are subject to availability and the specific terms outlined in your service order.

4. Pricing, Payments, and Billing

4.1 Pricing: All prices for services and products are listed on our website and are subject to change without notice. The price charged will be the price in effect at the time your order is placed.

4.2 Payment Methods: We accept payments processed through PayPal and Stripe. This includes major credit cards, Klarna, AfterPay, Cash App, and Venmo.

4.3 One-Time Purchases: All purchases for our services and items are one-time transactions. We do not offer subscription services at this time.

4.4 No Refunds: ALL SALES ARE FINAL. We do not offer refunds for services rendered or products sold. Any issues or concerns with our services will be addressed exclusively through our warranty claims process as detailed in Section 6.

5. Shipping and Handling

5.1 Shipping Responsibility: You are responsible for securely packaging and shipping your console or accessories to Omeli Gaming. We recommend using a reputable shipping carrier with tracking and insurance.

5.2 Shipping Damage: Omeli Gaming is not responsible for any damage to your console, accessories, or parts that occurs before, during, or after shipping, both to and from our facility. This includes damage incurred during transit. Any disputes regarding shipping damage must be filed directly with the shipping carrier you used. While your item is in our possession, we will take reasonable care to prevent damage. Any damage caused directly by Omeli Gaming while your item is in our possession will be rectified by us.

5.3 Return Shipping: Once service is complete, we will return your item to the address provided during your order. Return shipping costs may be included in the service fee or charged separately as indicated during checkout.

6. Warranties and Limitations

6.1 Our Warranties: Omeli Gaming provides the following warranties for our labor and installed parts only:

  • Labor Warranty: 1-year warranty on the labor performed for your repair or customization.
  • Parts Warranty: 6 months warranty on new parts installed by Omeli Gaming.

These warranties cover defects in our workmanship and the installed parts under normal use. Warranty claims must be initiated by contacting us at [email protected] and providing proof of purchase and a description of the issue.

6.2 Warranty Exclusions:

  • Our warranties do not cover the original console or controller itself, only the labor performed and parts installed by Omeli Gaming.
  • Opening a console or controller by Omeli Gaming voids all original manufacturer warranties. We are not responsible for any voided manufacturer warranties.
  • Our warranties do not cover damage caused by user error, accidental damage, liquid damage, physical damage, unauthorized repair attempts, power surges, or any other misuse or abuse of the item after it has been returned to you.
  • Our warranties do not cover consumables (e.g., batteries that naturally degrade over time).

7. Intellectual Property

7.1 Omeli Gaming Intellectual Property: The Service and its original content, features, and functionality are owned by Omeli Gaming and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Omeli Gaming owns the copyright and trademark for "Omeli Gaming."

7.2 Third-Party Intellectual Property: We acknowledge that we do not own the copyright and trademarks of products manufactured by Microsoft Xbox, Sony PlayStation, and Nintendo Switch. Any use of their branding or product names is for descriptive purposes only to identify the compatibility of our services with their products.

8. Disclaimer of Warranties; Limitation of Liability

8.1 Disclaimer: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. OMELI GAMING DOES NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

8.2 Limitation of Liability: IN NO EVENT SHALL OMELI GAMING, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

8.3 Maximum Liability: Our total liability to you for any and all claims arising out of or relating to these Terms or your use of the Service, regardless of the form of action, is limited to the amount paid by you for the specific service or product giving rise to the claim.

9. Dispute Resolution

9.1 Informal Resolution. Most concerns can be resolved quickly and to your satisfaction by contacting us at [email protected]. We encourage you to reach out to us directly before initiating any formal dispute resolution process.

9.2 Agreement to Arbitrate. In the unlikely event that Omeli Gaming has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified herein. The arbitration will be conducted in Fort Worth, Texas, unless you and Omeli Gaming agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with the AAA Rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

9.3 Class Action Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND OMELI GAMING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

9.4 Exception: Small Claims Court. Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

9.5 Governing Law. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

10. Privacy Policy

Your privacy is important to us. While a dedicated Privacy Policy is currently being developed to detail how we collect, use, and disclose your personal information, please be aware that information collected during account creation (name, email address, shipping/billing address) is used to process your orders, provide our services, and communicate with you. Once our full Privacy Policy is in place, these Terms will be updated to include a link to it. Your continued use of the Service after such an update will constitute your acceptance of the new Privacy Policy.

11. Changes to This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

12. Contact Us

If you have any questions about these Terms, please contact us at [email protected].

End of Terms of Service