Terms of Sale

Seller and scope

Wermer Innovations LLC, doing business as The Open Crate (“we” or “us”), sells the physical merchandise offered at myopencrate.com. These terms, the Shipping & Returns Policy presented at checkout and the specific product description form the terms of your online order. A specific product or shipping commitment for your order controls over a general description. The Privacy Policy explains our data practices.

You must be at least 18 and legally able to enter a contract where you live to place an order. By ordering, you confirm you are authorized to use the payment method and to provide the recipient’s delivery information. Shipping is limited to eligible addresses in the contiguous United States.

Orders and pricing

Adding a box to a cart temporarily reserves inventory. It does not complete a purchase. Review the products, quantity, shipping charges, tax, total and address before paying. An automated order acknowledgment confirms receipt of your order.

We may decline or cancel an unshipped order or affected line for unavailable inventory, a material listing or pricing error, suspected fraud, an ineligible address or a safety or legal restriction. We will notify you and refund amounts paid for the canceled portion, including applicable shipping and tax. We will obtain your agreement before charging a higher price or substituting a different product.

What you purchase

Each box is an assortment of physical liquidation merchandise. Contents may include overstock, returns, incomplete, used, damaged, untested or nonworking goods and duplicate items. Photos and examples illustrate possible assortments unless a listing identifies an item as included. We make no general promise of a specific item, brand, count, retail value, resale profit or item condition. We honor the specific commitments in your listing at purchase.

OC boxes are packed by The Open Crate, a liquidation reseller. We make reasonable attempts to inspect OC items before packing, but inspection is limited and does not guarantee functionality, condition or completeness. Items may be broken, damaged, defective, nonworking or missing pieces. Some boxes may include sealed packages we have not opened or inspected. No minimum item count or merchandise value is promised for future OC listings unless expressly stated in the listing accepted for that purchase. Boxes identified as supplier-sealed are packed by a supplier and offered with the original seal intact. A supplier, retailer, marketplace or “mail” label is not a promise that any particular brand is in the box. Brand names and marks belong to their owners. A reference to a third party does not indicate sponsorship or endorsement by that party. A purchase buys merchandise and does not enter the buyer into a prize drawing.

Condition and warranties

AS IS AND WITH ALL FAULTS. Where applicable law permits a seller of these goods to exclude implied warranties, Wermer Innovations LLC excludes the implied warranties of merchantability and fitness for a particular purpose.

This exclusion does not apply to warranties or remedies that the law preserves for your purchase, or to an express commitment we made about the merchandise. For example, implied warranty protections applicable to consumer goods in Kansas, Maine and Massachusetts remain in effect. We do not promise that a manufacturer will honor a warranty on liquidation goods. Any manufacturer warranty that does apply is governed by its own terms.

Final sale and delivery

ALL SALES ARE FINAL. We offer no voluntary returns, refunds, exchanges or store credit for change of mind, personal preference, duplicates, disclosed liquidation condition (including broken, damaged, defective, nonworking or incomplete items), or disappointment with the assortment or its perceived value. Those reasons alone do not qualify for a return, refund, exchange or store credit.

The Shipping & Returns Policy governs order errors, transit damage, non-delivery, risk of loss and shipment delays. The final-sale restriction does not defeat an unfulfilled express commitment, a recall remedy, or a right supplied by applicable law. To report a concern, retain the carton, label and item if safe and contact us with the order number.

Product safety and recalls

If you identify a possible recall or safety hazard, stop using the item, keep it away from others and contact us promptly with the order or receipt, product name, model, lot or date code and photos if safely available. Follow the official recall instructions. Contact us before shipping any potentially unsafe item. You may also check CPSC recalls or report an unsafe product to SaferProducts.gov.

The applicable recall remedy and all legally required remedies remain available. The reporting targets for ordinary shipping claims do not apply to safety reports.

Limits on economic damages

For an ordinary breach of this sales contract, our total liability for economic loss is limited to the amount paid for the affected purchase, including its shipping and tax. We exclude consequential economic losses such as lost resale profits to the extent these limits are enforceable.

These limits do not apply to personal injury, physical damage to other property, fraud, gross negligence, willful misconduct, mandatory consumer or product-liability remedies, or liability the law prohibits us from limiting. They do not restrict an enforceable product commitment, a required refund, a statutory damages award or attorney fees to which you are legally entitled. No limitation binds you if it fails of its essential purpose under applicable law.

Disputes and governing law

Support can investigate an order dispute at [email protected]. Include your order number and a description of the issue. You may contact your card issuer, regulator or a court as permitted by law. Contacting us is not a prerequisite to exercising those rights.

Michigan law governs our sales contracts, subject to any mandatory protections of the law that applies where you live. For a court dispute, you and the LLC agree to the state courts serving Calhoun County, Michigan, or the U.S. District Court for the Western District of Michigan if it has federal jurisdiction. This choice does not restrict a right under applicable law to sue in a different court, including an eligible small claims court.

For New Jersey consumer transactions, the economic damage limits and Michigan venue requirement in these terms do not apply. New Jersey consumers retain the protections and remedies of the New Jersey Consumer Fraud Act and the Truth-in-Consumer Contract, Warranty and Notice Act.

Reviews and the directory

Wermer Innovations LLC operates the directory and also sells mystery boxes. Some buying links earn us a commission. A third-party seller handles purchases made on its own site under its own terms.

Review a box you personally experienced. Accurately describe what you received and where. Disclose any free merchandise, compensation, affiliate interest, employment, or family relationship that could affect how readers weigh the review. Submit only material you have the right to use. Do not include private personal information, threats, knowingly false claims or another person’s copyrighted content without permission.

We apply the same criteria to favorable and unfavorable reviews about our boxes and other sellers’ boxes. We may withhold or remove spam, duplicates, reviews unrelated to the product, material without firsthand experience, abusive or unlawful content, personal information, or submissions that violate these rules. A low rating, criticism of the LLC, or praise of a competitor alone is not grounds for removal.

You retain ownership of your review. By submitting it, you grant Wermer Innovations LLC a nonexclusive, royalty-free license to host, reproduce, format and publicly display your submission and chosen review name to operate the directory. The license does not prevent you from publishing it elsewhere.

Versions and severability

These terms apply to new orders when presented and accepted at checkout. We may post revised terms for future transactions. The edition you accepted governs that order. If a court finds a provision unenforceable, the remaining provisions continue to apply to the extent they can operate independently.

Contact and accessibility assistance

For order questions, legal notices or assistance using a website feature, email [email protected], call (269) 224-2229, or write to Wermer Innovations LLC dba The Open Crate, 668 Capital Ave SW, Battle Creek, MI 49015. For a website barrier, identify the page and the action you were trying to complete. Please leave payment card numbers and passwords out of your message.