Terms of Service
Accuracy, Completeness, and Timeliness of Information on This Site
We are not responsible if information made available on www.tiinathestore.com (this “Site”) is not accurate, complete, or current. The information, product and apparel descriptions and content, and material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making purchase decisions without consulting primary, more accurate, more complete, or more timely sources of information, including handling the product or apparel intended to be purchased. This Site may contain certain information about the products or apparel, which may not be current and is provided for your reference only. We reserve the right to modify the contents of this Site, including apparel descriptions and content, at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Orders, Prohibition on Reselling, and Price
The information on this Site does not constitute a binding offer to sell products described on the Site. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person. In the event a product is listed at an incorrect price, we reserve the right to refuse or cancel orders placed for the product listed at the incorrect price, even if the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Product & Purchase Information, Including Returns
Select apparel or products on this Site may not be available in our store. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site.
We only allow product and apparel returns within seven (7) days of purchase and only if the item does not fit or is unsatisfactory, damaged, or incomplete. Returned items must be unworn and unused, and in perfect, saleable condition with all garment and similar tags attached, designer packaging intact, authenticity cards included, dust bags included, and original packaging intact, not damaged or disturbed. Apparel which is damaged, used, worn, soiled, or missing original labels may not be returned and, if returned to Tiina the Store, LLC, will be returned to customer without a refund and with no further dialog or exchange permitted. No other returns, refunds, or return payments are authorized or will be made, and our return policy will be strictly applied and enforced. Absent a return based upon the limited factors set forth herein, no returns or refunds will be accepted. If you dispute a credit card charge for a reason not consistent with our return policy, we will contest the dispute. If you do not agree to this strict return program, do not make a purchase.
The following items may not be returned for any reason: Perfumer H products; Susanne Kauffman products; and all sale items. For authorized returns, before initiating the return, please obtain a return authorization from Tiina the Store, LLC by contacting us as at returns.tiinathestore.com. No returns will be accepted or processed without a return authorization number, including returns sent to us with a written explanation. We reserve the right not to return goods at our cost sent to us without a return authorization number. If you obtain a return authorization number, include the number with your return at your cost to Tiina the Store, 216 Main Street, Box 2220, Amagansett, New York 11930 in the original packaging in which the apparel or product was received. Authorized exchanges must follow the same policy; that is, returning the original item for a refund, and then making a new purchase or the preferred exchanged item.
Use of Material on the Site
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Tiina the Store, LLC, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Tiina the Store, LLC, is prohibited. Tiina the Store, LLC reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site, or prohibit any person from using this Site for any reason. Tiina the Store, LLC, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights. You may not use contact information provided on the Site for unauthorized purposes, including marketing. Tiina the Store, LLC reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which Tiina the Store, LLC may be entitled, at law or in equity.
Material You Submit
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload commercial content onto the Site. All personal information provided via this Site will be handled in accordance with the Site’s online Privacy Notice. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Tiina the Store, LLC for all claims resulting from content you supply.
Conduct on the Site
You agree to provide true, accurate, current, and complete information about yourself when using the Check Out feature. You are responsible for protecting your password and agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify Tiina the Store, LLC immediately. We will assume that any communications Tiina the Store, LLC receives under your password have been made by you unless we receive notice otherwise.
Trademarks and Copyrights
Trademarks, logos, brand names, and service marks displayed on this Site are registered and unregistered trademarks of Tiina the Store, LLC and/or its licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, name, logo, or service mark displayed on the Site without the owner’s prior written permission.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TIINA THE STORE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIINA THE STORE, LLC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. TIINA THE STORE, LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TIINA THE STORE, LLC NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, TIINA THE STORE, LLC’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF TIINA THE STORE, LLC, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER TIINA THE STORE, LLC NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH TIINA THE STORE, LLC IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND TIINA THE STORE, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
Class Action Waiver: No Consolidation of Arbitral Claims
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless we both agree in writing, the JAMS arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and we each irrevocably consent to the exclusive jurisdiction of the courts located in New York County, New York.
Entire Agreement and Admissibility
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.
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