Terms of service

Introduction

These Terms govern

the use of Cancha, and,
any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

Canchagear.com is provided by:

Cancha Inc, 1111b South Governors Ave STE 25240 Dover, DE, 19904 US

Owner contact email: hello@carrycancha.com

"Cancha" refers to

this website, including its subdomains and any other website through which the Owner makes its Service available;

the Service;

any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

What the User should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

The right of withdrawal only applies to European Consumers.
By accessing or using canchagear.com, the User confirms that they have read, understood, and agree to be bound by these Terms and any additional conditions and policies referenced herein. If the User does not agree to these Terms, they must refrain from using canchagear.com and the Service.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using Cancha.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using Cancha, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;

Users aren’t located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country;
Users aren’t listed on any U.S. government list of prohibited or restricted parties;

Account registration

To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Cancha.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on Cancha

Unless where otherwise specified or clearly recognizable, all content available on Cancha is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on Cancha infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Cancha, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on Cancha, the User may download, copy and/or share some content available through Cancha for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through Cancha Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

Cancha and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of Cancha and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Cancha or the Service, terminating contracts, reporting any misconduct performed through Cancha or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.

“Tell-a-friend”

Cancha gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on Cancha.
In order to take advantage of this offer, Users may invite others to purchase the Products on Cancha by sending them a tell-a-friend code provided by the Owner. Such codes can only be redeemed once.
If upon purchase of the Products on Cancha any of the persons invited redeems a tell-a-friend code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade etc.) specified on Cancha.
Tell-a-friend codes may be limited to specific Products among those offered on Cancha.

The Owner reserves the right to end the offer at any time at its own discretion.

While no general limitation applies to the number of persons that can be invited, the amount of advantage or benefit that each inviting User can receive, may be limited.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on Cancha, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Cancha.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of Cancha and are subject to change without notice.

While Products on Cancha are presented with the greatest accuracy technically possible, representation on Cancha through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:

Users must indicate the desired Product by selecting it, including, where possible, quantity and specific characteristics, to make it appear in the purchase selection.
Within the purchase selection, Users may review their purchase selection, modify, remove or add items and, where provided for, give specific instructions (for instance, “send it with a gift receipt”).
Users will use the checkout button to be redirected to the checkout view.
Within the checkout view, Users are required, through consecutive steps, to specify their contact details, billing and shipping address, and a shipping and payment method of their choice.
During the purchasing process, Users may, at any time, modify, correct or change the information provided, and add a gift card, referral code or discount code (Coupon) or altogether abort the purchasing process with no consequence.
After providing all the required information, Users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on Cancha, hereby accepting these Terms and committing to pay the agreed-upon price.

Order submission

When the User submits an order, the following applies:

The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on Cancha are displayed:

either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Cancha.

Offers and discounts are always granted at the Owner’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.

If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
A Coupon cannot be applied cumulatively;
The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Cancha.

All payments are independently processed through third-party services. Therefore, Cancha does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of Cancha to learn more about the data processing and Users’ rights regarding their data.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

Payment of price in installments

The payment of the purchase price may be settled in two or more installments, within the deadlines specified on Cancha or otherwise communicated by the Owner.
Specific Products may be excluded from this payment model.
If the User fails to meet any of the payment deadlines, the entire outstanding amount shall become immediately due and payable.

Authorization for future PayPal payment

If Users authorize the PayPal feature which allows future purchases, Cancha will store an identification code linked to the Users’ PayPal account. This will authorize Cancha to automatically process payments for future purchases or recurring installments of past purchases.

This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Delivery

Deliveries are made to the address indicated by the User and in the manner specified in the order summary.

Upon delivery, Users should verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.

Goods are delivered to the countries or territories specified in the relevant section of Cancha.

Delivery times are specified on Cancha or during the purchasing process.

Unless otherwise specified on Cancha or agreed with Users, Products shall be delivered within thirty (30) days from purchase.

Failed delivery

The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to any carrier arranged by the User and not offered or recommended by the Owner.

If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.

Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory withdrawal right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

Users that do not fit this qualification, cannot benefit from the rights described in this section. The Consumer shall only be liable to the Seller for any diminution in the value of the goods resulting from handling the goods in a manner other than that necessary to acquaint him with the nature, characteristics and functionality of the goods.

Exercising the right of withdrawal

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.

To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

Regarding the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.

Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

…on the purchase of physical goods

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

The costs of returning the goods are borne by the User.

UK User rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

Exercising the right to cancel

To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires.

When does the cancellation period expire?

Regarding the purchase of goods, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.

Effects of cancellation

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

…on the purchase of physical goods

The costs of returning the goods are borne by the User.

Brazilian User rights

Right of regret

Unless an applicable exception is stated below, Users who are Consumers in Brazil have a legal right of regret under Brazilian law. This means that the Consumer has the right to withdraw from contracts made online (distance contracts or any contract signed away from business premises) within seven (7) days of the date the contract was entered into or the receipt of the product or service, for any reason and without justification. Users that do not qualify as Consumers, cannot benefit from the rights described in this section. The right of regret may be exercised by the Consumer via contact channels listed at the beginning of this document and in accordance with the guidelines in this section.

Exercising the right of regret

To exercise their right of regret, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the regret notice before the regret period expires. When does the regret period expire?

Regarding the purchase of goods, the regret period expires seven (7) days after the day on which the User or a third party designated by the User – other than the carrier – receives the goods.
Regarding the purchase of several goods ordered together but delivered separately, or in case of the purchase of a single good consisting of multiple lots or pieces delivered separately, the regret period expires seven (7) days after the day on which the User or a third party designated by the User – other than the carrier receives the last good, lot or piece.

Effects of regret

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract or the actual return of the product, whichever occurs later. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

…on the purchase of physical goods

The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-day period for returning the goods. The reimbursement may be withheld until receipt of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

The costs of returning the goods are borne by the Owner.

Guarantees

Legal guarantee of conformity for goods under EU law

Under EU law, for a minimum period of 2 years from delivery, traders guarantee the conformity of the goods they sell to Consumers.

Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on Cancha in accordance with the laws of the country of their habitual residence.

National laws of such country may grant Users broader rights.

In particular, Consumers based in France can exercise guarantee rights within two years of delivery of the good without being required to provide evidence of the good’s defect or lack of conformity. The period of time for which the Consumer is exempted from providing evidence of the fault is reduced to six months in case of used goods.

When exercising guarantee rights, Consumers may choose between requesting replacement or reparation of the faulty good at the conditions set out in the French Consumer Code.

This statutory guarantee of conformity applies regardless of any commercial guarantee possibly offered by the Owner.

Consumers may also exercise their right of guarantee for hidden faults according to the relevant provisions of the French Civil Code, choosing between cancelling the purchase or requesting a price reduction.

Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.

Money-back-guarantee for goods

Without prejudice to any applicable statutory rights, the Owner grants Users the right to cancel a purchase they are unsatisfied with, and obtain a refund, within 30 days from the day on which the purchased goods have been delivered.

The Owner shall refund the price of the Product purchased using the same payment method as the original transaction.
In order to make use of this right, Users must send an unambiguous notice to the Owner. While a motivation is not required, Users are kindly asked to specify the reason why they are claiming the money-back-guarantee.

Within the same period of time stated above, Users must also return the purchased goods to the Owner at their own expense, making sure that they are undamaged, clean and fit for resale. Goods must be returned inside the original packaging.
Upon receipt of the goods, the Owner will verify that all conditions applicable to the money-back-guarantee are fulfilled and, if so, refund the purchase price.

The above does not affect the Users’ rights to seek remedy free of charge in the event of a lack of conformity of the Product under applicable law.

Liability and indemnification

Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Commercial Warranty — Limited Lifetime Warranty on Bags and Accessories

In addition to any statutory guarantees applicable under the law of the User’s habitual residence, the Owner voluntarily offers a Limited Lifetime Warrantyon Cancha bags and accessories (the “Lifetime Warranty”). This Lifetime Warranty is a commercial guarantee and does not replace, restrict, or limit any rights Users may have under applicable consumer protection law.

Scope of the Lifetime Warranty

The Lifetime Warranty covers defects in materials or workmanship that prevent normal, intended use of the product. This includes, for example, defects in fabric, hardware, zippers, webbing, or stitching that arise from the manufacturing process.

The Lifetime Warranty applies only to the original retail purchaser and is non-transferable.

Definition of “Lifetime”

For the purpose of this Lifetime Warranty, “lifetime” refers to the expected useful life of the product under normal use, and only for as long as the Owner continues to manufacture the product or a reasonably comparable successor version.
It does not refer to the User’s lifetime or imply perpetual coverage.

Exclusions

The Lifetime Warranty does not cover:

normal wear and tear, including fading, scuffs, abrasion, cosmetic changes, and material softening;
accidental damage, misuse, improper care, exposure to extreme conditions, or overloading;
damage caused by or to third-party items carried inside the product;
modifications, alterations, or repairs not carried out or authorised by the Owner;
loss or theft;
damage occurring after the product’s reasonable usable life has ended.
products purchased second-hand, through resale or peer-to-peer marketplaces, from auction or classifieds sites, from unauthorised distributors or resellers, or from any seller other than canchagear.com or an authorised Cancha retailer; the Lifetime Warranty is non-transferable and only the original retail purchaser may make a claim. The Owner maintains a current list of authorised retailers and will confirm authorisation on request at hello@carrycancha.com;
products marked or sold as “Final Sale,” “Sample Sale,” “As-Is,” “B-Stock,” “Factory Second,” “Refurbished,” or sold through outlet stores, warehouse sales, employee sales, or similar clearance channels; the inapplicability of the Lifetime Warranty to such products will be disclosed at or before purchase;
products on which the serial number, batch code, care label, or other identifying mark has been removed, altered, defaced, or rendered illegible.

Cosmetic issues that do not materially affect the function of the product are not considered defects covered by this warranty.

Owner’s Remedies

If a covered defect is confirmed, the Owner may, at its sole discretion and to the extent permitted by applicable law:

repair the product, or
replace it with the same model or a reasonably comparable product, or
provide store credit up to the original purchase price.

If the original product or colour is no longer available, the Owner may offer a comparable replacement or store credit.
No User is entitled to a specific remedy unless required by applicable statutory guarantees.

How to Make a Warranty Claim

To request service under the Lifetime Warranty, Users must contact the Owner at the address or email listed in this document and provide:

proof of purchase, and
clear photos and a description of the issue.

The Owner may request that the product be returned for inspection before granting any warranty remedy.
If a warranty claim is approved for a User in the United States, the Owner will cover shipping costs both to the Owner for inspection and back to the User. If a warranty claim is approved for a User outside the United States, the User is responsible for shipping costs to the Owner’s warehouse in Los Angeles, California, and the Owner will cover shipping costs back to the User for delivery of the repaired or replacement product. The User remains responsible for any import duties, taxes, or customs fees levied on the return shipment by their local jurisdiction. If a claim is denied (for example, because the issue is not covered under this warranty), the User is responsible for the cost of returning the product to them, or may elect to forfeit the product. The Owner will provide a clear written explanation if a claim is denied. Nothing in this paragraph limits any non-waivable statutory rights a Consumer may have under the law of their habitual residence.

Relationship with Statutory Rights

The Lifetime Warranty is a voluntary commercial guarantee that provides additional benefits.
It does not exclude, limit, or alter any statutory rights Users may have, including rights relating to goods that are faulty, not as described, or lacking conformity under consumer protection law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Cancha has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

In particular, within the limits stated above, the Owner shall not be liable for:

damages or losses resulting from interruptions or malfunctions of Cancha due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;

any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

any losses that are not the direct consequence of a breach of the Terms by the Owner;

any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via Cancha. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to Cancha.

Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:

In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

Cancha is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party.

In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

User’s use of and access to the Service, including any data or content transmitted or received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
User’s willfull misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Cancha and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their personal data, Users may refer to the privacy policy of Cancha.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Cancha are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Cancha are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Exception for Consumers in France

Regardless of the above, any change of these Terms shall be communicated in writing no later than one month prior to becoming effective. Should Consumers in France not accept the modified Terms, they shall have the right to terminate the Agreement without any penalty nor right to claim compensation up to four months following the day on which the modified Terms have become effective.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of Cancha must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles, except that the Arbitration Agreement set out in these Terms is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16). The above choice of law does not deprive Consumers of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

Prevalence of national law

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

US Users

Surviving provisions

This Agreement shall continue in effect until it is terminated by either Cancha or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

the User’s grant of licenses under these Terms shall survive indefinitely;
the User’s indemnification obligations shall survive for a period of five years from the date of termination;
the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected (subject, for U.S. residents, to the Arbitration Agreement, Class Action Waiver, and Jury Trial Waiver set out in these Terms), in the event of any controversy regarding the use of Cancha or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document so that the matter can be resolved informally where possible.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 7 days of receiving it.

Online dispute resolution for Consumers

The European Commission's Online Dispute Resolution (ODR) platform, previously available for alternative dispute resolutions that facilitated an out-of-court method for solving disputes related to and stemming from online sale and service contracts, has been officially discontinued as of 20 July 2025, following the adoption of EU Regulation 2024/3228.

Although the platform is no longer available, Users are encouraged to reach out directly to the Owner to resolve any concerns or issues. Users are kindly asked to contact the Owner at the contact details provided in this document.

Arbitration Agreement, Class Action Waiver, and Jury Trial Waiver

Important. Please read this section carefully. It requires you and Cancha to resolve most disputes through binding individual arbitration rather than in court, and it waives your right to a jury trial and your right to participate in any class, collective, or representative action. You may opt out of this arbitration agreement within 30 days of the date you first accept these Terms by following the procedure in Section 11 below.

1. Scope and parties

This Arbitration Agreement applies to any dispute, claim, or controversy between you and Cancha Inc., its parents (including Cancha Ltd, United Kingdom), subsidiaries, affiliates, successors, assigns, officers, directors, employees, and agents (collectively, “Cancha”), arising out of or relating in any way to (i) these Terms; (ii) the canchagear.com website or any Cancha mobile or software application; (iii) any product purchased from Cancha; (iv) any communication, advertisement, or marketing relating to Cancha; or (v) the relationship between you and Cancha (each, a “Dispute”). It applies to claims that arose before, on, or after the date you accepted these Terms.

The terms “you” and “your” in this section include the individual accepting these Terms and all persons claiming through that individual.

This section does not apply to consumers resident in the European Union, the United Kingdom, or any other jurisdiction in which a pre-dispute consumer arbitration agreement is unenforceable. Mandatory consumer protections in your country of residence remain unaffected.

2. Informal dispute resolution required first

Before initiating arbitration, you and Cancha agree to attempt to resolve the Dispute informally for at least sixty (60) days. To begin, the party raising the Dispute must send a written Notice of Dispute to the other side that includes (i) the sender’s name, mailing address, and email address; (ii) the order number or account email associated with the Dispute (if any); (iii) a clear description of the claim; and (iv) the specific relief sought.

You may send a Notice of Dispute to Cancha at hello@carrycancha.com with the subject line “Notice of Dispute,” and at Cancha Inc., 1111B South Governors Ave, STE 25240, Dover, DE 19904, USA. Cancha will send any Notice of Dispute to the email and mailing address associated with your account or most recent order.

The parties will use good-faith efforts to resolve the Dispute during the 60-day period. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in this informal process. Neither you nor Cancha may commence an arbitration unless this Section 2 has been completed.

3. Binding individual arbitration

If the Dispute is not resolved within 60 days of the Notice of Dispute, either party may submit the Dispute to binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, as modified by these Terms. If the AAA is for any reason unable or unwilling to administer the arbitration, it will be administered by JAMS under its Consumer Minimum Standards and Streamlined Arbitration Rules. If neither the AAA nor JAMS is available, the parties will agree on an alternative administrator, or, failing agreement, a court of competent jurisdiction may appoint one under 9 U.S.C. § 5.

The AAA Consumer Arbitration Rules are available at www.adr.org. The JAMS rules are available at www.jamsadr.com.

4. Arbitration procedure and venue

A single arbitrator will conduct the arbitration. The arbitrator must be a retired judge or an attorney with substantial experience in consumer law. The arbitrator, not any court or agency, has exclusive authority to resolve any dispute about the formation, scope, applicability, interpretation, enforceability, or unconscionability of this Arbitration Agreement, except that any dispute regarding the validity, enforceability, or scope of the Class Action Waiver in Section 6 must be decided by a court of competent jurisdiction and not by the arbitrator.

Hearings. Unless you and Cancha agree otherwise, any arbitration hearing will take place in the United States county where you reside, or, at your option, by telephone, video, or on the basis of documents only. For claims under USD 25,000, the arbitration will be conducted on the basis of documents only unless the arbitrator determines an in-person, video, or telephonic hearing is warranted.

Fees. Cancha will pay all arbitration fees that exceed the amount of the filing fees you would have paid to file the same claim in the U.S. District Court for the District of Delaware. If the arbitrator determines that the claim or the relief sought is frivolous or brought for an improper purpose (as measured by Federal Rule of Civil Procedure 11), then the payment of all fees will be governed by the AAA or JAMS rules.

Award. The arbitrator may award only the relief that a court could award under applicable law and these Terms, and the arbitrator’s award is limited to your individual claim. The arbitrator’s decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator may not award relief against, or in favor of, anyone who is not a named party in the arbitration.

5. Exceptions: claims that may be brought in court

Notwithstanding the above, either party may bring the following claims in court:

• Small Claims. An individual action in a small-claims court so long as it is brought and maintained on an individual, non-representative basis.

• Intellectual Property. An action to seek injunctive or other equitable relief to prevent or stop unauthorized use of, or infringement upon, intellectual property rights (including trademark, trade dress, copyright, patent, or trade secret), regardless of amount.

6. Class action and representative action waiver

You and Cancha agree that any Dispute must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general proceeding. Unless both you and Cancha agree otherwise in a signed writing, the arbitrator may not consolidate or join more than one person’s claims, and may not preside over any form of representative or class proceeding.

If a court decides that this Class Action Waiver is unenforceable as to any claim or any particular form of relief, then that claim or form of relief (and only that claim or form of relief) will be severed from arbitration and may be brought in a court of competent jurisdiction. All other claims and forms of relief must still be arbitrated on an individual basis.

7. Mass arbitration protocol

If twenty-five (25) or more substantially similar Notices of Dispute or demands for arbitration are filed against Cancha within a ninety (90) day period by or with the assistance of the same law firm or coordinated counsel (a “Mass Filing”), the parties agree that the following procedures will apply, in addition to the AAA Consumer Arbitration Rules and any then-current AAA Mass Arbitration Supplementary Rules:

• The claims will be grouped into batches of no more than fifty (50) claimants per batch.

• The parties will select up to ten (10) bellwether claims (five chosen by counsel for claimants, five chosen by Cancha). The bellwether claims will be arbitrated first, with separate hearings, before any other claim in the Mass Filing proceeds.

• After the bellwether arbitrations conclude, the parties will engage in a 60-day mediation in good faith to attempt a global resolution of the remaining claims, using the bellwether outcomes as guidance.

• Filing fees for the remaining claims will be tolled until the bellwether process and mediation are complete. No filing fees for unfiled claims will become payable during this period.

This Mass Arbitration Protocol is intended to ensure orderly, fair, and efficient resolution of similar claims and is enforceable on its terms. If any portion of this Section 7 is held unenforceable, the remainder will continue in effect.

8. Jury trial waiver

To the maximum extent permitted by applicable law, you and Cancha each knowingly, voluntarily, and irrevocably waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to these Terms, your use of the canchagear.com website, the relationship between the parties, or any product purchased from Cancha, whether brought in court or otherwise. This waiver applies whether or not any Dispute is found to be subject to arbitration.

9. Governing law and Federal Arbitration Act

This Arbitration Agreement evidences a transaction in interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16 (the “FAA”). To the extent state law applies to any aspect of these Terms not preempted by the FAA, the laws of the State of Delaware govern, without regard to its conflict-of-laws principles.

10. Severability and survival

If any portion of this Arbitration Agreement is held to be invalid or unenforceable, the remainder will be given full force and effect, except that (i) if the Class Action Waiver in Section 6 is held unenforceable in any proceeding, the entire Arbitration Agreement will be void as to that proceeding, and (ii) if Section 6 is severed only as to public injunctive relief, the remainder of this Arbitration Agreement will continue to apply to all other claims.

This Arbitration Agreement survives the termination of these Terms and your relationship with Cancha.

11. Your right to opt out of arbitration

You have the right to opt out of this Arbitration Agreement and the Class Action Waiver by sending Cancha a written notice within thirty (30) days after the date you first agree to these Terms (your first purchase, account creation, or first acceptance of an updated version of these Terms that adds or changes this Arbitration Agreement).

To opt out, you must send a clear, written notice that includes (i) your full name, (ii) the email address and mailing address associated with your account or most recent order, (iii) the date of your first acceptance, and (iv) the statement: “I opt out of the Cancha Arbitration Agreement and Class Action Waiver.”

Send your notice by either of the following methods:

• Email: hello@carrycancha.com with the subject line ARBITRATION OPT-OUT (in capital letters); or

• Mail: Cancha Inc., Attn: Legal - Arbitration Opt-Out, 1111B South Governors Ave, STE 25240, Dover, DE 19904, USA.

Opting out will not affect any other provision of these Terms, including the Jury Trial Waiver (which, to the extent permitted by law, continues to apply). Opting out only affects this Arbitration Agreement and the related Class Action Waiver.

12. Changes to this Arbitration Agreement

If Cancha makes a material change to this Arbitration Agreement, you may reject the change by sending a written notice to hello@carrycancha.com (subject line ARBITRATION OPT-OUT) within thirty (30) days of the change taking effect. Rejecting the change does not constitute rejection of these Terms generally; it means the previous version of this Arbitration Agreement will continue to apply to you. Non-material changes (for example, updates to administrator contact details or to reflect AAA or JAMS rule changes) apply automatically.

Cart

Terms of service

Terms of service