Terms and Conditions
This website and any mobile application (collectively, this “Site”) is owned by Trove, LLC (“We”, “Us” or “Trove, LLC”). We are providing you with access to this Site and our online store (together, our “Services”) subject to the following terms and conditions.
By browsing, accessing, using, registering for or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms‚ you should not browse, access‚ use‚ register for or purchase merchandise from the Site.
You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
Use of This Site
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.
In order to access some features of this Site‚ you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register‚ you agree to provide Us with accurate and complete registration information‚ and to inform us immediately of any updates or other changes to such information.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
You may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
As between you and Us‚ this Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof ‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this Site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by Us or our licensors and protected by applicable copyright laws.
Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract.
We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped.
When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site, or, when not shown on this Site, those agreed upon during your communications with Us, when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs.
Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
All returns are governed by our Return Policy.
We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims.
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.
Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms‚ and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site‚ constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable‚ transferable or sublicensable by you‚ except with our prior written consent.
All defined terms used below shall have the meanings set forth in Our Terms and Conditions.
We collect information from you in several different ways on this Site.
Registration and Ordering
Before using certain portions of this Site or ordering products, you may be required to complete an online registration form. During registration, you will be asked to provide to Us certain personal information, including but not limited to your name, shipping and billing address(es), phone number, email address, gender, and credit card number. In addition, We may also ask you for your country of residence and/or your organization’s country of operation, so we can comply with applicable laws and regulations. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and the Sites, and for internal marketing purposes. If We encounter a problem when processing your order, your personal information may be used to contact you.
Information We Collect Automatically
We may also automatically collect information about you when you access or use the Site or transact business with Us, including:
Transaction Information: When you purchase or return a product, We collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.
Information Use and Disclosure
We use your personal information to process your order and provide you with customer service. We may internally use your personal information to improve this Site’s content and layout, to improve outreach and for Our own marketing efforts (including marketing our services and products to you), and to determine general marketplace information about visitors to this Site.
Communications with You
We will use your personal information to communicate with you about this Site and your orders and deliveries. Also, We may send you a confirmation email when you register with Us. We may send you a service-related announcement on the rare occasions when it is necessary (for example, if we must temporarily suspend our service for maintenance.) If you submit your email address, We use it to deliver the information to you. Because We have to communicate with you about orders that you choose to place, you cannot opt out of receiving emails related to your orders.
Except as otherwise set forth below, We do not sell, rent, trade, license or otherwise disclose your specific personal information or financial information to anyone.
We must provide your credit card number to financial-services corporations such as credit-card processors and issuers as is required to process your orders. We will use industry standard security measures, including data encryption, when providing your credit card number to others.
We may share non-personal information (such as the number of daily visitors to a particular web page, or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.
Offline Collection Use and Disclosure
We also may collect information offline. We will treat any information collected offline in a manner that is consistent with this Policy. One example involves someone calling Us to place an order or to ask questions. When someone calls, We will ask only for the personal information We need in order to place the order or to answer the question. When We need to store information (such as order information), We will enter it into our database.
Updates to this Policy
Once an item of merchandise is delivered to you, you can return that item within 30 days of delivery. To be eligible for a return, your merchandise must be unused and in the same condition that you received it and must be in the original packaging.
To initiate a return, please email us at firstname.lastname@example.org. We will provide an address where the merchandise should be sent. We require a receipt or proof of purchase to accompany your return.
You are responsible for paying for all shipping costs for your returned item. Shipping costs are non-refundable. If you receive a refund, the cost of any return shipping will be deducted from your refund. You should consider using a trackable shipping service or purchasing shipping insurance for items of value.
Refunds and Exchanges
After We have received your valid return, We will send you an email to notify you that We have received your returned item and notify you of the acceptance or rejection of your return.
If your return is accepted by Us, We will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a credit to the payment card or original method of payment used to pay for the item, a check, or another remedy that we determine in good faith is appropriate in the circumstances.
If you do not comply with any of the above conditions, We reserve the right to refuse the return or exchange, or to impose different or additional conditions.