Terms of service

Last updated: September 18, 2026

Overview

This website is operated by Captain Black's Gear Emporium. Throughout the site, the terms "we," "us," and "our" refer to Captain Black's Gear Emporium. Captain Black's Gear Emporium offers this website, including all information, tools, and services available from this site to users, conditioned upon their acceptance of all terms, conditions, policies, and notices stated here.

We are committed to accuracy and transparency. All items are guaranteed to arrive as described. See our Money-Back Guarantee for details.

By visiting our site and/or purchasing something from us, users engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, such as our Privacy Policy, Shipping Policy, and Refund Policy. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Shipping eligibility, restrictions, special arrangements, and international shipping availability are described in our Shipping Policy.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, users agree to be bound by these Terms of Service. Users who do not agree to all the terms and conditions of this agreement may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. Users can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. Users are responsible for checking this page periodically for changes. Users' continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to customers, subject to Shopify's Privacy Policy, available at https://www.shopify.com/legal/privacy.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, users represent that they are at least 18 years old, the age of majority in Texas. Users who permit minor dependents to use this site represent that they are at least 18 and have given us consent for that use.

Users may not use our products for any illegal or unauthorized purpose or, in using the Service, violate any laws in their jurisdiction (including but not limited to copyright laws).

Users must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of the offending user's access to our Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time, provided such refusal complies with applicable laws.

Users understand that their content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks, as outlined in our Privacy Policy.

Users agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on general informational material is at the user's own risk. This section does not limit our product descriptions or Money-Back Guarantee.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. Users are responsible for monitoring changes to our site.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We shall not be liable to users or any third-party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 - Intellectual Property and Media Rights

All imagery, photographs, video, audio, graphics, text, and other media displayed on this site are original works and the exclusive property of Texas Digital LLC, unless otherwise stated. These works are protected under United States copyright law. Any reuse, reproduction, distribution, modification, publication, display, performance, transmission, or commercial use of this media, in whole or in part, is strictly prohibited without prior written permission from Texas Digital LLC.

Section 6 - Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or refund only according to our Refund Policy. We accept 15-day standard returns from the date of carrier-confirmed delivery, subject to the requirements in the Refund Policy. Standard returns require prior authorization. Customers are responsible for return shipping and a 15% restocking fee unless the fee is waived or reduced by us in writing at our sole discretion. Items must be returned complete, unaltered, properly packed, and in the same condition in which they were shipped.

Damage, loss, or material misdescription from the original outbound shipment is handled separately under our Money-Back Guarantee. For approved damage, loss, or material misdescription claims, the 15% standard return restocking fee does not apply. If we require a return for an approved damage or material misdescription claim, we provide a prepaid return label or another return method approved by us in writing.

For damaged, malfunctioning, lost, or materially misdescribed items, customers must follow the reporting and documentation requirements in our Refund Policy, including the applicable 15-day reporting period, photographs and/or video where required, and retention of original packaging and materials until the claim is resolved.

All shipments include insurance through Shopify's Shipsurance program at no cost to the customer, covering loss, theft, or damage up to the insured value per package, subject to Shipsurance policy limits, as detailed in our Shipping Policy. Items ship only after payment is verified as non-fraudulent. Orders with a subtotal over $150 before taxes and shipping require signature confirmation. If a signature is missed, delivery is refused, an inaccurate address causes delivery failure, the customer fails to pick up the package from the carrier, or the order is otherwise returned due to a customer-caused delivery issue, the return may be treated as a standard return if the item is recovered safely, complete, and in the required condition. The 15% restocking fee applies unless waived or reduced by us in writing at our sole discretion. Additional carrier fees, return shipping fees, damage, missing items, or loss in value may also be deducted from the refund.

Customers must retain all original packing materials during the 15-day return window and until any damage, loss, or material misdescription claim is fully resolved. Customers are responsible for ensuring accurate shipping addresses and delivery to an address where someone can sign when signature confirmation is required, as described in the Shipping Policy and Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that a customer's computer monitor will display every color accurately.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person or geographic region, provided such limitation complies with applicable law. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by customers will meet their expectations, or that any errors in the Service will be corrected, except as provided in our Refund Policy.

Section 7 - Accuracy of Billing and Account Information

We reserve the right to refuse or cancel any order placed with us for any reason, including suspected fraud, without explanation. All payments are manually captured after review to verify they are not fraudulent. Orders not placed via Shopify's Shop Pay may be canceled at our discretion. We highly recommend using Shop Pay for the best, most secure experience, protecting both parties. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify the customer by contacting the email and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Customers agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. Customers agree to promptly update their account and other information, including email addresses and credit card numbers and expiration dates, so that we can complete transactions and contact customers as needed. Failure to provide accurate information may result in order cancellation.

For more details, please review our Refund Policy.

Section 8 - Payment and Order Processing

All payments are manually captured after review to verify they are not fraudulent. We reserve the right to cancel any order for any reason, including suspected fraud, without explanation. Orders not placed via Shopify's Shop Pay may be canceled at our discretion. We highly recommend using Shop Pay for the best, most secure experience, protecting both parties. If an order is canceled before payment is captured, no payment is collected and no refund is required. A temporary authorization hold or pending transaction may still appear on the customer's account. The customer's bank or card issuer determines when the hold is released. If payment has already been captured when we cancel an order, we will refund the payment to the original payment method. Contact thomas@captainblacks.app for payment inquiries.

Section 9 - Optional Tools

We may provide users with access to third-party tools over which we neither monitor nor have any control nor input. Any data collected by these tools is governed by our Privacy Policy.

Users acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to the use of optional third-party tools.

Use of the optional tools offered through the site is entirely at the user's own risk and discretion. Users should review and approve the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 10 - Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties. Any data collected through interactions with these third parties is subject to our Privacy Policy.

Third-party links on this site may direct users to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Users should carefully review and understand the third-party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 11 - User Comments, Feedback, and Other Submissions

If users send specific submissions at our request (for example, contest entries), or send creative ideas, suggestions, proposals, plans, or other materials without a request from us, whether online, by email, by postal mail, or otherwise (collectively, "comments"), those users agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use those comments in any medium. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Users agree that their comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. Users further agree that their comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. Users may not use a false email address, impersonate another person, or otherwise mislead us or third-parties as to the origin of any comments. Users are solely responsible for their comments and their accuracy. We take no responsibility and assume no liability for any comments posted by users or any third-party.

The permission to publish comments does not apply to private order or support correspondence, or photos and videos submitted to document a claim.

Section 12 - Personal Information

The submission of personal information by users through the store is governed by our Privacy Policy. All personal information is collected, used, and disclosed in accordance with the Privacy Policy, including users' rights under applicable U.S. laws.

Section 13 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after a customer has submitted an order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 14 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, users are prohibited from using the site or its content: (a) for any unlawful purpose, (b) to solicit others to perform or participate in any unlawful acts, (c) to violate any federal, state, or local regulations, rules, laws, or ordinances, (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, (f) to submit false or misleading information, (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet, (h) to collect or track the personal information of others, (i) to spam, phish, pharm, pretext, spider, crawl, or scrape, (j) for any obscene or immoral purpose, or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate a user's access to the Service or any related website for violating any of the prohibited uses.

Section 15 - Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent, or warrant that use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable, except as provided in our Refund Policy.

Users agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to users.

Users expressly agree that their use of, or inability to use, the Service is at their sole risk. Subject to our express product descriptions, written commitments, and Refund Policy, and only to the extent permitted by applicable law, the Service and all products and services delivered through it are provided "as is" and "as available", without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Captain Black's Gear Emporium, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from a user's use of the Service or any products procured using the Service, or for any other claim related in any way to that user's use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. These exclusions and limitations apply only to the extent permitted by applicable law and do not limit our express commitments or rights and remedies that cannot be waived.

Section 16 - Indemnification

Each user agrees to indemnify, defend, and hold harmless Captain Black's Gear Emporium and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of that user's breach of these Terms of Service or the documents they incorporate by reference, or that user's violation of any law or the rights of a third-party.

Section 17 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 18 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either the user or us. Users may terminate these Terms of Service at any time by notifying us that they no longer wish to use our Services, or by ceasing to use our site.

If in our sole judgment a user fails, or we suspect that a user has failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. The user will remain liable for all amounts due up to and including the date of termination. We may also deny that user access to our Services (or any part thereof).

Section 19 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with the Privacy Policy, Shipping Policy, and Refund Policy posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between each user and us and govern that user's use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between that user and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Orders remain subject to the policies in effect when placed and any specific exceptions we agree to in writing for that order.

Section 20 - Governing Law

These Terms of Service and any separate agreements under which we provide Services to users shall be governed by and construed in accordance with the laws of the State of Texas, United States.

Section 21 - Changes to Terms of Service

Users can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Users are responsible for checking our website periodically for changes. Users' continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 22 - State-Specific Compliance

Our Refund Policy, Shipping Policy, product pages, and checkout disclosures are intended to provide applicable return, refund, shipping, restocking fee, delivery, and claim information. Nothing in these Terms of Service limits any rights that cannot be waived under applicable law.

Section 23 - U.S.-Only Equipment and Prohibited Export Forwarding

This restriction applies to all synthesizers, regardless of price, and to any other individual item listed on our site for $150 USD or more at the time the order is placed. No exceptions.

We do not ship these items outside the United States or to freight forwarders, export brokerages, reshipping services, or other intermediaries that arrange shipment outside the United States. No exceptions. A U.S. address does not make an export brokerage or forwarding destination eligible. Customers must not use a friend, relative, business, mailbox, purchasing agent, or other intermediary to bypass this restriction.

By ordering these items, customers represent that the purchase is for delivery and use within the United States, is not part of an export or forwarding arrangement, and complies with the Shipping Policy. Customers must provide accurate recipient and destination information and must not conceal, omit, or misrepresent an intermediary or the intended final destination.

If these items are delivered to a prohibited intermediary or are forwarded or exported in violation of this policy, no voluntary returns, refunds, exchanges, credits, replacements, or protection under our Money-Back Guarantee are available. This applies even when the arrangement was undisclosed and we did not detect it before shipment. Our acceptance, processing, or shipment of an order does not authorize the arrangement or waive this restriction.

The customer assumes the risks and costs of unauthorized handling, repacking, storage, forwarding, export, customs clearance, and use abroad. We do not provide shop-funded protection or reimbursement for loss or costs arising from that activity, or arrange insurance for unauthorized onward shipments. The Refund Policy explains these exclusions. We may verify destinations, refuse shipment, cancel prohibited orders, and decline future orders. Captured payments for orders we cancel before shipment are refunded to the original payment method.

Section 24 - Contact Information

Questions about the Terms of Service should be sent to the email address below.

Captain Black's Gear Emporium
thomas@captainblacks.app