Terms & Conditions
Welcome to Trunkshop! Our legal name is Trunkshop Inc.; We do business as Trunkshop and Trunkshop Wholesale (“Trunkshop”). Trunkshop and/or our subsidiaries and affiliates provide products, services, content, and other features (the “Trunkshop Services”) to you when you use or shop on our mobile applications, Trunkshop.co, Trunkshop social media properties, or our other websites and blogs, and/or other software provided by Trunkshop (the “Trunkshop Sites”). The Trunkshop Sites are owned and operated by Trunkshop Inc.
Trunkshop provides the Trunkshop Services and the Trunkshop Sites subject to these Terms & Conditions, any terms, conditions, or policies otherwise contained on the Trunkshop Sites, any terms, conditions, or policies contained in any Promotion (as defined below), and any updates to any such terms, conditions or policies (collectively, the “Terms”).
Please review the Terms carefully. To make things a little simpler, we refer to Trunkshop and its affiliates and subsidiaries as the “Company”, “Trunkshop”, “we”, “our”, and “us”. We refer to the users of the Trunkshop Sites as “you” and “your”.
BY ACCESSING OR USING THE TRUNKSHOP SERVICES OR THE TRUNKSHOP SITES, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE TRUNKSHOP SERVICES OR THE TRUNKSHOP SITES. If you violate the Terms, your access to and use of the Trunkshop Services and the Trunkshop Sites is unauthorized.
IMPORTANT: PLEASE NOTE THAT THESE TERMS INCLUDE YOUR AGREEMENT TO ARBITRATE CONTROVERSIES. BY USING THE TRUNKSHOP SERVICES AND/OR THE TRUNKSHOP SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTION LAWSUITS. TO REVIEW OUR ARBITRATION PROVISIONS, PLEASE CLICK HERE. TO REVIEW OUR CLASS ACTION WAIVER PROVISIONS, PLEASE CLICK HERE.
1. UPDATES TO THE TERMS
We may, at any time, revise, change, or otherwise update the Terms. The effective version of the Terms will be available for your review on the Trunkshop Sites.
Your continued access or use of any Trunkshop Service or Trunkshop Site following the posting and/or distribution of a revised, updated, or changed version of the Terms, will mean that you agree to the revised, updated, and/or changed Terms.
To review our provision on our right to modify the Trunkshop Sites, the Trunkshop Services, these Terms, and otherwise, please click here.
3. REGISTERING YOUR ACCOUNT
To make a purchase with Trunkshop, you must create an account and meet the other requirements established in these Terms. By creating an account, you agree that all of your account information is true and complete, and you will keep your account information current. If you create a Trunkshop account, we will either assign you a password or let you choose your own password to enable you to access and use certain portions of the Trunkshop Services and the Trunkshop Sites.
You agree to keep your username and password confidential, that you are solely responsible for maintaining the confidentiality of your username and password, and that you are solely responsible for restricting access to your computer(s) or mobile device(s). You agree to access the Trunkshop Services and/or the Trunkshop Sites from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms. Each time a valid password is used with your account, you will be deemed to be authorized to access and use the Trunkshop Services or the Trunkshop Sites in a manner consistent with the Terms, and we have no obligation to investigate the authorization or source of any such access or use of the Trunkshop Services or the Trunkshop Sites. You agree that you will be responsible for all activities that occur under your account or password, including, without limitation, purchases made, and anything else that occurs, through your account, whether or not such access to and use of the Trunkshop Services and/or the Trunkshop Sites 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.
YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED, OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.
In order to mitigate damages, if you believe someone placed an unauthorized order on your behalf, you agree to notify us immediately of any suspected unauthorized activity on your account by sending an email to support@Trunkshop.co.
4. USE OF THE Trunkshop SITES
We wanted to set some ground rules for your use of the Trunkshop Services and the Trunkshop Sites, your account, or Promotions that we provide, and/or your interactions with us, other Trunkshop customers, or any third party that provides us services. Without limiting anything else in these Terms, you agree that, without our consent, you will not:
breach the Terms or any other agreement or policy that you have entered with us;
abuse or exploit the terms of any Promotion;
violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising) or act in an unauthorized, deceptive, fraudulent or otherwise unlawful manner, including by providing false, inaccurate, or misleading personal information;
create more than one account for yourself, by, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified personal information, including, without limitation, for the purpose of misuse of Promotions;
use the Trunkshop Services or the Trunkshop Sites for the benefit of another business for any commercial or resale purpose, including, without limitation, by placing multiple orders on one account but with multiple different shipping addresses in order to fulfill your businesses orders or reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any Trunkshop Service, Trunkshop Site, Promotion, or any part thereof, for any commercial purpose;
infringe Trunkshop’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; act in a manner that or upload to, distribute, or otherwise publish through the Trunkshop Sites any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan horses or other malicious or harmful code or properties;
refuse to cooperate in an investigation regarding, or provide confirmation, of your identity or personal information you provide to us;
use the Trunkshop Services or the Trunkshop Sites in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to us, a user, a third party, or you;
use your account or the services in a manner that we, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
disclose or distribute another user's personal information to a third party, or use the information for marketing purposes, unless you receive the user’s express consent to do so;
send unsolicited email, SMS, MMS, or other messages to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
use an anonymizing proxy or use any robot, spider, other automatic device, or manual process to monitor or copy the Trunkshop Services or the Trunkshop Sites; use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with the Trunkshop Sites or the Trunkshop Services;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Trunkshop;
use any meta tags or any other “hidden text” utilizing Trunkshop’s name or trademarks;
take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers; or use the Trunkshop Services or the Trunkshop Sites to test credit card behaviors.
We reserve the right to refuse service, terminate accounts, suspend accounts, prevent the application of a Promotion, remove or edit content or products, cancel orders at any time and in our sole discretion, and/or take any other legal action available to us under the Terms or at law, including, without limitation, if we believe that your conduct violates the Terms, applicable law, is harmful to our interests, or is against, without limitation, the spirit of the Terms, the Trunkshop Services, the Trunkshop Sites, or a particular Promotion.
By using the Trunkshop Sites, you represent and warrant that you are either at least 18 years of age or are using a Trunkshop Site under the supervision of a parent or guardian. If you are under 18 years of age, you may only use the Trunkshop Sites with the supervision of a parent or guardian. As discussed below, you must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol.
Access and License
Subject to your compliance with the Terms and the intended use of the Trunkshop Services and the Trunkshop Sites and your payment of any costs or fees for the Trunkshop Services, we hereby grant you a single, non-exclusive, non-transferable, non-sublicensable, revocable limited personal license to access and use the Trunkshop Services and the Trunkshop Sites. Any violation, misuse, or breach of, or failure to comply with, the Terms shall result in the immediate revocation and termination of the licenses granted to you in these Terms, without notice to you by us. All rights not expressly granted to you in the Terms are reserved and retained by Trunkshop or its licensors, suppliers, publishers, rights holders, or other content providers.
Much of the information and data and many of the images on the Trunkshop Sites are updated on a real-time basis, and are proprietary or may be licensed to us by others. Therefore, except as permitted in these Terms, you may not reproduce, distribute, use, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, hack or otherwise exploit the Trunkshop Services or the Trunkshop Sites, or any portion thereof, unless expressly permitted by us in writing prior to such action. Apart from web browsers, mobile operating systems and approved APIs, you agree not to use any software, program, application or any other device to access or log on to our computer systems, the Trunkshop Services, the Trunkshop Sites or proprietary software, or to automate the process of obtaining, downloading, transferring or transmitting any content, information to or from our computer systems, the Trunkshop Services, the Trunkshop Sites or proprietary software. You agree not to alter or misuse screenshots obtained from the Trunkshop Services or the Trunkshop Sites or use product images outside of the Trunkshop Services or Trunkshop Sites. You may not incorporate any portion of the Trunkshop Services or Trunkshop Sites into your own programs or compile any portion of them in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Trunkshop Services or Trunkshop Sites or otherwise assign any rights to the Trunkshop Services or Trunkshop Sites in whole or in part.
5. PRICING, TAXES, ORDER REQUIREMENTS, GIFT CARDS, AND PROMOTIONS
Pricing and Reported Savings
Trunkshop continuously works to offer competitive prices on everything we carry and we offer a Low Price Guarantee here. In certain instances and for certain products, we also report suggested savings as a percentage. The percentage savings we report are based on a comparison of prices for bulk or wholesale sizes of products available on the Trunkshop Sites against the prices for equivalent or similar bulk or wholesale sizes of products or retail sizes available on national e-commerce retail websites and mobile applications.
Items sold on the Trunkshop Sites or through the Trunkshop Services may be subject to tax, governmental charges, or deposit fees. In most cases, prior to submitting your purchase request, you will see an estimate of the taxes and other fees to be collected on your order. This amount will depend on various factors, including the items purchased, the shipment destination, and, in certain circumstances, the identity of the seller (if not Trunkshop). In certain limited circumstances and for certain third-party sellers, the tax amount may be included in the price of a product.
Unless specifically indicated on a product’s description page or the checkout page, items sold through the Express Service (see below), or age-restricted items (including Alcoholic Beverages (as defined below)), Trunkshop is the seller of items purchased on the Trunkshop Sites or through the Trunkshop Services. Any applicable tax on those items will be applied to the item price you pay for taxable items, less any savings amounts.
With respect to those products that are not sold by Trunkshop, such products will be subject to tax based on the sales tax collection obligations of the applicable seller. Applicable tax on such orders will be applied to the item price indicated by the seller. For these items, savings amounts will not always reduce the price at which tax is charged.
Trunkshop only ships to the 48 contiguous states and the District of Columbia. We do not ship to Alaska, Hawaii or to United States territories and protectorates. Other than Express orders and orders fulfilled by third parties, shipments are delivered by UPS®, FedEx®, or other private courier. Express orders, shipments of Alcoholic Beverages (as defined below), and shipments of products marketed through the Trunkshop Services and/or Trunkshop Sites, but fulfilled by third parties, are each shipped separately from other Trunkshop products sold through the Trunkshop Services or on the Trunkshop Sites.
The exact delivery date of your order may depend on several factors, including, without limitation, the date and time you place your order, whether you are enrolled in the Trunkshop Up premium perks program, the schedules and processes of our shipping partners, holiday schedules, weather, and other factors. Even though we try to anticipate delays, we cannot predict or always prepare for delays caused by carriers, mistakes in delivery or shipment information, changes to orders, strikes, bad weather, or other similar circumstances. If there is a delay, we will do whatever we can to help move things along, although we cannot promise we’ll be able to resolve the delay. If you have questions about your delivery, please contact us at support@Trunkshop.com.
Minimum Order Requirements and Free Shipping
We may, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements from time to time for any order or attempted order placed on the Trunkshop Sites.
We may also, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements from time to time for any user to receive free shipping on any order placed on the Trunkshop Sites, which quantity and price requirements may be lower for enrollees in the Trunkshop Up premium perks program.
Terms of Promotions
From time-to-time, we may make certain offers, sales, Promo Codes (defined below), offer cards and gift codes, services, discounts, coupon offerings, promotional credits, new customer referral incentives, Cash Rewards (as defined below), Trunkshop Bold (as defined below), free samples, specials, user-generated content opportunities, contests, sweepstakes and other promotions (each a “Promotion” and, collectively, the “Promotions”) available to you. Promotions may be publicized on the Trunkshop Sites, through advertisements, and/or through other marketing channels. If you participate in, use, or apply any Promotion, you will be subject to the Terms and any additional terms, conditions, rules, and policies applicable to the Promotion.
Unless otherwise disclosed in any applicable Promotion-specific terms, conditions, rules, or policies, Promotions are not combinable with other Promotions, have expiration dates, cannot be applied to past purchases, are subject to certain caps and limitations, are non-transferable, can only be used once per household, can only be redeemed through the Trunkshop Sites or the Trunkshop Services, and may be suspended or terminated at any time by Trunkshop at Trunkshop’s sole discretion. Certain promotions shall only be applicable on repeat orders. Trunkshop determines, in its sole discretion, the accrual rates, redemption amounts and thresholds, and method and timing for the application or implementation of any Promo Code, Cash Rewards, referral credit, discount, promotional credits or other Promotion and/or any other restrictions as may be determined and communicated by Trunkshop in its sole discretion. Only valid promotional codes provided or promoted by Trunkshop will be honored at checkout. Theft, reproduction, duplicate requests and/or other behavior intended to circumvent the proper redemption of promotional codes is prohibited and may constitute fraud. Discount codes must be entered at checkout. Certain Promotions shall only be applicable to first orders. Unless otherwise specified in the terms and conditions of the particular Promotion, Promotions shall never apply to orders placed through business accounts that utilize separate credit terms agreed to with Trunkshop.
Trunkshop may exclude certain product categories, certain specific products, and certain brands from Promotions from time to time in the exercise of Trunkshop’s sole discretion. Such exclusions may include Trunkshop Hotels, Alcoholic Beverages (as defined below), and other goods and services sold and/or shipped by third parties listing their goods on the Trunkshop Sites from time to time. Additionally, certain Promotions may only be accessed or used by current enrollees in the Trunkshop Up premium perks program.
Notwithstanding anything to the contrary herein, Trunkshop may, in Trunkshop's sole discretion, create promotional codes that may be redeemed for discounts, credit, or other features or benefits related to the Trunkshop Services, Trunkshop Sites, or third-party provider's services, subject to terms that Trunkshop establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) shall only be used by the intended audience and for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Trunkshop; (iii) may be disabled by Trunkshop at any time for any reason without liability to Trunkshop and without notice; (iv) may only be used pursuant to the specific terms that Trunkshop establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Trunkshop reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Trunkshop determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
As a user, you agree to receive newsletters and promotional emails, including, without limitation, certain third-party offers.
Third Party Sites & Ads
The Trunkshop Services and Trunkshop Sites may contain links to third-party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Trunkshop and Trunkshop is not responsible for such Third Party Sites & Ads. Trunkshop does not review, approve, monitor, endorse, warrant, or make any representations with respect to the Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and conditions apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction on or with such Third Party Sites & Ads.
Third Party Services
6. INFORMATION AND PRODUCT DESCRIPTIONS
We may include product descriptions on the Trunkshop Sites or in the Trunkshop Services. We do not, however, represent or warrant that any such product descriptions, including weight and size, or other such statements or content are accurate, complete, reliable, current, or error-free. Product images used on the Trunkshop Sites are intended to represent brands or types of products and may not represent the exact size, flavor, type, quantity, or other specific details about the product you are purchasing. If you believe a product offered on the Trunkshop Sites, or through the Trunkshop Services, is not as described, your only remedy is to return it in unused condition or to seek redress from the manufacturer.
If you find a description in poor taste, please notify support@Trunkshop.com and it may be edited in our sole discretion.
Submissions or opinions expressed in any of the Trunkshop Services or the Trunkshop Sites are that of the individual expressing such submission or opinion and may not reflect our opinions. Unless we expressly state otherwise, we do not endorse any submission or opinion expressed by a third party in any of the Trunkshop Services or the Trunkshop Sites. Unless we expressly state otherwise, the fact that Trunkshop has provided a link to a site is not an endorsement of the service or site, its content or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Any product representations or warranties expressed in any of the Trunkshop Services or the Trunkshop Sites are that of the vendor, manufacturer, distributor or supplier and are not made by us. Such representations and warranties include, but are not limited to, vendor promises visible on the packaging of the product and hence in the product image within the any of the Trunkshop Services or the Trunkshop Sites.
Our fulfillment centers handle and store a variety of products, including products made with known food allergens. We do not separate products based on their listed ingredients.
The Trunkshop Services and/or the Trunkshop Sites may make available certain data, news, research, statistics, stories, product descriptions, labels, ingredient lists, product photographs, other photographs, opinions, or other information (collectively “Information”) that we may have prepared ourselves or that may have been prepared independently by and obtained by Trunkshop from manufacturers, vendors, suppliers, other services, news wires, statistics providers, journalists, authors, and other providers (collectively the “Information Providers”). We do not represent, warrant, guarantee, or certify the accuracy, completeness, reliability, timeliness, or correct sequencing of the Information made available on the Trunkshop Sites or through the Trunkshop Services. You agree that Trunkshop and the Information Providers shall not be liable in any way for the inaccuracy, incompleteness, untimeliness, or incorrect sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Trunkshop, nor the Information Providers will be liable in any way for the interruption of any data, Information or other aspect of the Sites. You understand that none of the Information available through the Trunkshop Services or the Trunkshop Sites constitutes a recommendation or solicitation to take or not take any action.
DISCLAIMER: ALTHOUGH WE WORK TO ENSURE THAT PRODUCT INFORMATION IS ACCURATE, ON OCCASION MANUFACTURERS MAY ALTER THEIR INGREDIENT LISTS AND ACTUAL PRODUCT CONSISTENCY, PACKAGING, AND MATERIALS MAY DIFFER FROM THE PRODUCT DESCRIPTIONS.
PRODUCTS MAY CONTAIN MORE AND/OR DIFFERENT INGREDIENTS THAN THE INFORMATION SHOWN ON OUR SITES. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU PLEASE ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS PROVIDED ON PRODUCT PACKAGING BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER.
DISCLAIMER: CONTENT PROVIDED THROUGH THE Trunkshop SERVICES OR ON THE Trunkshop SITES IS FOR REFERENCE PURPOSES AND IS NOT INTENDED TO SUBSTITUTE THE ADVICE OF A PHYSICIAN, PHARMACIST, OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. YOU SHOULD NOT USE THIS INFORMATION AS SELF-DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM OR DISEASE. CONTACT YOUR HEALTH-CARE PROVIDER IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. WE ASSUME NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS MADE THROUGH THE Trunkshop SERVICES OR ON THE Trunkshop SITES.
7. OUT OF STOCKS
If a product you have selected is not in stock, we reserve the right to, at our discretion, replace the product with an equivalent or similar product, provide you with a credit to your account for the amount paid for such item, or refund you for the item. “Equivalent” or “similar” items may be the same brand but a different type, size or flavor, or may be the same type of product but a different brand, size or flavor. Price adjustments for alternate products will not be requested by us nor extended to you in the event of a product substitution.
8. REVIEWS, COMMUNICATIONS, AND CONTENT
The Trunkshop Sites may permit you, from time-to-time, to post reviews, pictures, comments and other content; send referral messages or information; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, abusive of the character margins, an obscene image derived from keyboard characters, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” Trunkshop may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.
You acknowledge that you are responsible for all materials you submit to Trunkshop through the Trunkshop Services, on the Trunkshop Sites or on other electronic communications (including through any part of Trunkshop administered by third parties like Facebook, Instagram, other social media platforms and the tools that allow you to interact with Trunkshop or the Trunkshop Sites through these social media platforms). This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit.
Unless we indicate otherwise, by submitting any content, you represent and warrant that: (1) the content is accurate; (2) use of the content you supply does not violate these Terms; and (3) you own or otherwise control all the rights to the content that you post. Trunkshop may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.
Unless we indicate otherwise, if you submit any material to us, post any material on the Trunkshop Sites and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, images, videos, comments, and suggestions (collectively, “Submissions”), you agree that such Submissions shall be treated as non-confidential and nonproprietary and you agree that you grant to Trunkshop an royalty-free, worldwide, perpetual, irrevocable and fully transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form and in any media, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. You further agree that Trunkshop is free to use any ideas, concepts, feedback, and know-how you provide to Trunkshop. You grant Trunkshop the right to use the name you submit in connection with such Submissions if we choose.
Without limiting any of the foregoing, Trunkshop is free to use any ideas, concepts, know-how or techniques contained in any Submissions you send to Trunkshop for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Trunkshop does not endorse any submitted content or opinions on the Trunkshop Sites or through the Trunkshop Services and such submissions are that of the user expressing them.
9. INTELLECTUAL PROPERTY
All text, data, graphics, button icons, images, audio clips, and software (collectively, “Content”) on the Trunkshop Sites are the exclusive intellectual property of Trunkshop, are licensed to Trunkshop by third parties, or are otherwise permitted to be used by Trunkshop. The collection, arrangement, and assembly of all Content on the Trunkshop Sites (the “Compilation”) belongs exclusively to Trunkshop. The Trunkshop Services and the Trunkshop Sites, their Content and Compilation, and all software used therein is owned by, licensed to, or otherwise permitted to be used by Trunkshop and all owned intellectual property is protected by United States Copyright Act of 1976, as amended, Title 35 of the United States Code, each other applicable domestic law and all applicable intellectual property laws of other countries. All software used in any of the Trunkshop Services or the Trunkshop Sites (the “Software”) is the property of Trunkshop or its Software suppliers, which is also protected by U.S. and international copyright laws. Trunkshop, Trunkshop.co, Trunkshop Wholesale and other logos, slogans, trade names or words are trademarks and, in some cases, are pending registration.
The use of any of Trunkshop’s Intellectual Property (as defined below), or the Intellectual Property of third parties that appears on the Trunkshop Sites, or in the Trunkshop Services, without our express written consent, or the express written consent of such third parties, is strictly prohibited. “Intellectual Property” includes, but is not limited to, all Content, Compilation, Software, logos, slogans, trade names, meta tags, and all other copyrighted information, trademarks or service marks, trade secrets, and patents.
10. DISCLAIMER OF WARRANTIES
Important: This section is important because it is a disclaimer by Trunkshop of certain warranties and liabilities. You understand and agree that Trunkshop will not assume responsibility for many items. We love our customers and we will always to try to do our best for each them, subject to all of the Terms and, specifically, these disclaimers.
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THE TERMS AND THIS AGREEMENT. THIS DISCLAIMER SECTION DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE PRODUCT.
THE Trunkshop SERVICES, THE Trunkshop SITES, AND ALL INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Trunkshop SERVICES OR THE Trunkshop SITES ARE PROVIDED SOLELY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND, THEREFORE, YOUR USE OF THE Trunkshop SERVICES AND/OR THE Trunkshop SITES IS AT YOUR RISK. Trunkshop MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Trunkshop SERVICES, THE Trunkshop SITES OR ANY INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Trunkshop SERVICES OR THE Trunkshop SITES.
WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE USE OF THE Trunkshop SERVICES AND/OR THE Trunkshop SITES, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE Trunkshop SERVICES OR THE Trunkshop SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS; THAT THE Trunkshop SERVICES OR THE Trunkshop SITES WILL BE SECURE; THAT THE Trunkshop SERVICES, THE Trunkshop SITES OR THE SERVERS THAT MAKE THE Trunkshop SERVICES AND/OR THE Trunkshop SITES AVAILABLE WILL BE VIRUS-FREE OR FREE OF OTHER HARMFUL COMPONENTS; THAT COMMUNICATIONS SENT FROM THE Trunkshop SERVICES, THE Trunkshop SITES, OR THIRD PARTIES WORKING ON BEHALF OF Trunkshop ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS; AND THAT THE Trunkshop SERVICES, THE Trunkshop SITES, OR ANY INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Trunkshop SERVICES, THE Trunkshop SITES, SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM Trunkshop OR THIRD PARTIES WORKING ON BEHALF OF Trunkshop ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT:
YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE Trunkshop SERVICES AND/OR THE Trunkshop SITES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE Trunkshop SERVICES AND/OR THE Trunkshop SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES; AND Trunkshop IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE Trunkshop SITES OR THROUGH THE Trunkshop SERVICES. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THESE WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
11. LIMITATION OF LIABILITY
Important: this Section 13 is important because it explains how, and the extent to which, Trunkshop limits many of its liabilities. Like many other companies, Trunkshop limits its liabilities for various reasons, including because it helps us to provide the Trunkshop Services and the Trunkshop Sites in an efficient and user-friendly manner.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER Trunkshop NOR ITS EMPLOYEES, BOARD OF DIRECTORS, OFFICERS, INVESTORS, REPRESENTATIVES, SUPPLIERS, OR THIRD PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL DAMAGES, LOSS OF REVENUE OR INCOME, LOST PROFITS, EXEMPLARY, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY, ARISING FROM: (i) THE USE OF ANY OF THE Trunkshop SERVICES, THE Trunkshop SITES, OR INFORMATION, SOFTWARE, CONTENT, COMPILATIONS, AND OTHER SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Trunkshop SERVICES OR THE Trunkshop SITES; (ii) ANY CONTENT POSTED ON THE Trunkshop SITES OR AVAILABLE THROUGH THE Trunkshop SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT); (iii) THE Trunkshop SERVICES, THE Trunkshop SITES OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE Trunkshop SITES; (iv) THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE Trunkshop SERVICES OR THE Trunkshop SITES; (v) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (vi) ANY DELAY IN OR INABILITY TO USE THE Trunkshop SERVICES OR THE Trunkshop SITES OR ANY INFORMATION, ITEMS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE Trunkshop SERVICES OR THE Trunkshop SITES; (vii) Trunkshop’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THROUGH THE Trunkshop SERVICES AND THE Trunkshop SITES; (viii) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE Trunkshop SERVICES AND/OR THE Trunkshop SITES; (ix) ANY ACT OR OMISSION OF YOU, Trunkshop, OR ANY THIRD PARTY ON THE Trunkshop AT OR ON PHYSICAL PREMISED OWNED, OPERATED, MAINTAINED, LICENSED, OR USED BY Trunkshop, INCLUDING IN CONNECTION WITH THE PICKUP OF ANY PRODUCTS OFFERED ON THE Trunkshop SITES BY YOU AT ANY Trunkshop FULFILLMENT CENTER OR PARTICIPATION IN ANY EVENT, CONTEST, SWEEPSTAKE, PROMOTION, OR OTHER SIMILAR ACTIVITY CONDUCTED AT A PHYSICAL LOCATION; OR (x) OTHERWISE ARISING OUT OF YOUR USE OF THE Trunkshop SITES, IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Trunkshop, ITS SUPPLIERS, THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Trunkshop SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS YOU MAY OR MAY NOT TAKE AS A RESULT OF USING THE Trunkshop SERVICES OR THE Trunkshop SITES, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE Trunkshop SERVICES AND THE Trunkshop SITES IS AT YOUR SOLE RISK. PLEASE DO NOT USE THE Trunkshop SERVICES AND/OR THE Trunkshop SITES WHILE DRIVING OR OPERATING HEAVY MACHINERY.
THIS SECTION 13 AND LIMITATION 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, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THIS SECTION 13 DOES NOT PREVENT A RIGHT BY A RESIDENT OF THE STATE OF NEW JERSEY TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES AND EXEMPLARY DAMAGES) NOR DOES IT LIMIT Trunkshop’S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM Trunkshop’S OWN INTENTIONAL OR RECKLESS CONDUCT.
YOU AGREE THAT, IF ANY PORTION OF THIS SECTION 13 IS FOUND INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, Trunkshop’S TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE Trunkshop SERVICES OR THE Trunkshop SITES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED THE VALUE OF A REFUND FOR ANY PRODUCT THAT IS RETURNED BY YOU TO Trunkshop. THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE Trunkshop SERVICES AND SITES, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD OF Trunkshop.
You agree, to the fullest extent permitted by law, to indemnify and hold Trunkshop and its affiliates, officers, directors, representatives, members, shareholders, agents, suppliers, distributors, employees, service or third party providers, contractors, subcontractors, and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys’ fees and expenses incurred in connection with any litigation made by any third party arising from: (i) your use of and access of the Trunkshop Services or the Trunkshop Sites, including in connection with your presence on any physical property owned, operated, licensed, or maintained by Trunkshop from time to time; (ii) your violation of any term of the Terms; (iii) your violation of law or of any third party right, including without limitation infringement of the rights of a third party or of any copyright, property, or privacy right; (iv) any claims resulting from content you supply; (v) your unconscionable commercial conduct; or (vi) any other claim that your use of the Trunkshop Services or the Trunkshop Sites caused damage to a third party. Trunkshop reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Trunkshop if and as requested by Trunkshop in the defense of such matter.
12. RISK OF LOSS
All goods and products purchased by you from Trunkshop are delivered pursuant to a shipment contract by a third-party package delivery company. We shall use commercially reasonable efforts to ensure the performance of such third-party suppliers and shipping companies, but shall not be responsible for their failure or for their other acts or omissions.
13. RETURN POLICY
All return requests must be made within fourteen (14) days of delivery, as reported by the respective third-party package delivery company, to qualify for return. Return requests received more than fourteen (14) days after the date of delivery are not eligible for return.
All purchases made with a Promo Code or pursuant to a Promotion are final and are not eligible for return, unless the reason for the return request is for errors or inaccuracies in the order made by Trunkshop.
Users may not return items for reason of stock or inventory balancing, offsetting unused inventory, insufficient expiry period, inability to resell items, quantity miscalculation, or reversing initial acceptance of purchased orders. All specialized or custom purchases, including, without limitation, phone orders, orders made pursuant to purchase order, business orders, discounted orders, and custom pallet orders requiring special delivery accommodations by Trunkshop, are not eligible for return, unless otherwise agreed in writing by Trunkshop, in its sole discretion.
If the Return Policy allows for a return, or we otherwise agree to a return in writing, we do not take title to returned items until the item arrives at our fulfillment center. We will only issue a refund upon receiving the returned item at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
14. MODIFICATIONS TO THE Trunkshop SERVICES, THE Trunkshop SITES, AND TERMS
Trunkshop reserves the right to terminate, modify, cancel or discontinue, temporarily or permanently, all or any portion of the Trunkshop Services and/or the Trunkshop Sites with or without notice. Trunkshop also reserves the right to terminate, discontinue, modify or cancel any or all Promotions, including, without limitation Promo Codes and the Cash Rewards program, and/or the Terms, terms, any policy, FAQ, and/or guideline pertaining to the use of the Trunkshop Services, the Trunkshop Sites, and/or any Promotion, product, or service at any time and in its sole discretion without notice to you. Any changes or modifications to any of the foregoing will be effective immediately upon posting the revisions on the Trunkshop Sites or through the Trunkshop Services. As stated above, your use of the Trunkshop Sites, Trunkshop Services, any Promotion, Cash Rewards, Trunkshop Bold or any other product or service confirms your acceptance of the Terms and any such changes or modifications.
15. Trunkshop MOBILE APPLICATIONS
iOS App If you use the Trunkshop iOS app, your use of the Trunkshop Sites and Trunkshop Services is subject to this section.
Acknowledgment. Apple requires you to agree to certain terms. By using our iOS App, you acknowledge and agree that: (i) these Terms are concluded between you and Trunkshop only, and Apple is not a party to these Terms; (ii) as between Trunkshop and Apple, it is Trunkshop that is responsible for Trunkshop’s iOS app and the content thereof; (iii) Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Trunkshop iOS app or your possession and use of the Trunkshop iOS app, including, but not limited to (a) product warranty or liability claims, (b) any claim that the Trunkshop iOS app fails to conform to any applicable legal or regulatory requirement, or (c) claims arising under consumer protection or similar legislation; and (iv) Apple has no obligation to furnish you with any maintenance or support services with respect to the Trunkshop iOS app.
In the event of any failure of the Trunkshop iOS app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the Trunkshop iOS app (if any) to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Trunkshop iOS app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty of Trunkshop will be Trunkshop’s responsibility, but only to the extent provided by these Terms. Please review these Terms in their entirety as they limit our liability as it pertains to this section and otherwise.
Apple as Third-Party Beneficiary. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to your compliance with this section. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
Maintenance and Support. Except as set forth above and to the extent required by applicable law, Trunkshop, and not Apple, is responsible for providing maintenance and support services with respect to the Trunkshop iOS app.
Intellectual Property Rights. You acknowledge that, in the event of any third-party claim that the Trunkshop iOS App or your possession and use of the Trunkshop iOS app infringes that third party’s intellectual property rights, Trunkshop, not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The Trunkshop app from Google Play Store
If you use the App from Google, Inc. or one of its affiliates or successors (“Google”) available through Google Play, your use of the Trunkshop Sites and Trunkshop Services is subject to this section. If there is any conflict between these Terms and the Google Play Developer Distribution Agreement and such other terms which Google designates as default end user license terms for Google Play (collectively, the “Google Play Terms”), the Google Play Terms shall apply.
16. LEGAL COMPLIANCE
You represent and warrant that (i) you not 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
17. TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and/or or terminate or revoke any or all your rights granted under the Terms. Upon any such termination, you shall immediately cease all access to and use of the Trunkshop Services and the Trunkshop Sites and we shall, in addition to any other legal or equitable remedies, immediately revoke all usernames, password(s), and account identification issued to you and deny your access to and use of the Trunkshop Services, the Trunkshop Sites, any Promotions, products, or other services in whole or in part. Any termination of the Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
The provisions of the Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any provision of the Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent, and in the manner, necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
19. DISPUTES - AGREEMENT TO ARBITRATE CONTROVERSIES
PLEASE READ THIS SECTION CAREFULLY – IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Trunkshop and you agree that these Terms, and the use of the Trunkshop Sites and the Trunkshop Services, involve and affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply govern the interpretation and enforcement of this Section 22.
In these Terms, the capitalized word “Dispute” shall mean any dispute, claim, or controversy arising out of or relating to the Terms (including, for example, any dispute about the validity or enforceability of the Terms), the Trunkshop Services, the Trunkshop Sites, your use of any of the Trunkshop Services, Trunkshop Sites, Promotions, or to any products or services sold or distributed by Trunkshop or otherwise through the Trunkshop Services or the Trunkshop Sites, your access or any other party’s access to and/or use of the Trunkshop Services and the Trunkshop Sites, and/or the provision of content, products, services, and/or technology on or through the Trunkshop Services and/or the Trunkshop Sites.
In the event of a Dispute, Trunkshop or you must give the other party notice of the Dispute. This notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the Dispute and the relief requested. You must send any such notice to Trunkshop by email to support@Trunkshop.co.
You agree to try to resolve any Dispute with us through informal negotiations which are to begin within 30 days of the date that any notice of Dispute is sent by email and U.S. Mail to the other party. You and we agree to use reasonable, good faith efforts to settle any Dispute through consultation and negotiations. If after 30 days of such consultation and negotiation, we still cannot resolve the Dispute and if you or Trunkshop do not want to continue reasonable, good faith efforts to settle the Dispute through consultation and negotiations, Trunkshop or you may then resort to the other alternatives described in this section.
Notwithstanding anything to the contrary contained in this Section 22, Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Trunkshop Services or the Trunkshop Sites shall not be subject to the notice, 30-day negotiation period, or arbitration as otherwise required by this Section 22.
Except as otherwise specifically set forth in this Section 22, if a Dispute of any kind between you and Trunkshop remains unresolved after 30 days of reasonable, good faith efforts to settle the Dispute through consultation and negotiations, the Dispute shall be resolved by binding arbitration. This arbitration provision will also apply to any Dispute between you and any present or future parent, subsidiary, or affiliate of Trunkshop, or any employee, officer, director, or investor of Trunkshop.
Except as otherwise specifically set forth in this Section 22, any Dispute will be resolved by binding arbitration, rather than in court; provided, however, that:
if you have, in any manner, violated or threatened to violate Trunkshop’s intellectual property rights, Trunkshop may seek, and you shall not oppose, injunctive or other appropriate relief in any federal court located in New York County, New York, and you consent to exclusive jurisdiction and venue in such courts;
if any court or arbitrator determines that the arbitration provisions provided in this Section 22 are void or unenforceable for any reason, then the applicable Dispute shall be litigated in federal court located in New York County, New York, and you consent to exclusive jurisdiction and venue in such courts; and/or Trunkshop or you may assert claims in small claims court, if the applicable claims qualify and where jurisdiction and venue over you and Trunkshop otherwise qualifies for such small claims court; provided, however, that if you decide to pursue a claim in small claims court, you agree that you shall still provide Trunkshop thirty 30 days’ prior written notice by email to support@Trunkshop.com
Arbitration is more informal than a lawsuit in court in that there is no judge or jury in arbitration. Arbitration seeks to resolve disputes more quickly and court review of an arbitration award is limited. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. Trunkshop and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Trunkshop and you understand that, absent this mandatory arbitration provision and other applicable Terms, Trunkshop and you would have the right to sue in court and have a jury trial. Trunkshop and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
The arbitrator’s award will be in writing, shall be binding, and may be entered as a judgment in any court of competent jurisdiction.
Arbitration under this agreement shall be conducted by a single arbitrator, and at a location, governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org. You agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Trunkshop is specifically required to pay such fees under applicable law.
To begin an arbitration proceeding, you must contact Trunkshop, in writing (the “Demand”), to inform us of your intent to arbitrate a dispute. This Demand must: briefly explain the dispute; list your name, your address, and, if applicable, the name of your representative; specify the amount of money in dispute, if applicable; identify the requested location for the arbitration, if an in-person hearing is requested; and state your demands. At the time you send the Demand to Trunkshop, you must also send the following to the AAA: (i) a copy of the Demand; (ii) a copy of these Terms; and (iii) the applicable filing fee. You may submit these materials to the AAA by mail, online, or in person at an AAA office. As of the date of these Terms, the AAA’s mailing address is (but it should be confirmed):
American Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043
If for any reason a Dispute between Trunkshop and you is before a court (e.g., if the arbitration provisions are found unenforceable), Trunkshop and you agree to waive, to the fullest extent allowed by law, any trial by jury. As more fully set forth above, we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
You may opt not to be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Trunkshop by email to optout@Trunkshop.com. The notice must be sent within 30 days of your first use of any of the Trunkshop Services or the Trunkshop Sites after the posting of these Terms on December 8, 2016. If you do not opt out pursuant to this Section 22, you will be bound to arbitrate Disputes in accordance with the terms of this Section 22. If you opt out of the provisions requiring arbitration, Trunkshop will not be bound by the terms of this Section 22 either with respect any Dispute it has with you.
20. CLASS ACTION WAIVER
PLEASE READ THIS SECTION 23 CLASS ACTION WAIVER CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
For purposes of this Section 23 Class Action Waiver, we will also use the capitalized word “Dispute” to mean any dispute, claim, or controversy arising out of or relating to the Terms (including, for example, any dispute about the validity or enforceability of the Terms), the Trunkshop Services, the Trunkshop Sites, any products or services sold or distributed by Trunkshop or otherwise through the Trunkshop Services or the Trunkshop Sites, your access or any other party’s access to and/or use of the Trunkshop Services and the Trunkshop Sites, and/or the provision of content, products, services, and/or technology on or through the Trunkshop Services and/or the Trunkshop Sites.
Trunkshop and you agree to resolve any Dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Trunkshop and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this Section 23 Class Action Waiver is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in New York County, New York.
If any clause within this Section 23 Class Action Waiver is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
This Section 23 Class Action Waiver will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Trunkshop, or any employee, officer, director, or investor of Trunkshop, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.
21. GOVERNING LAW AND JURISDICTION
The laws of the State of New York apply to everything relating to your relationship and dealings with Trunkshop. This means that the Terms, any and all disputes, claims and controversies arising out of or relating to the Trunkshop Services or the Trunkshop Sites shall be governed by and construed exclusively in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions.
22. TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders, even if the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall, within a reasonably practicable amount of time, issue a credit to your credit card account in the amount of the charge.
23. PRODUCT PICK-UP
Trunkshop may provide you access to certain physical locations from time to time, in the exercise of its sole discretion, for the in-person pick-up of products purchased through use of the Trunkshop Sites and the Trunkshop Services. You agree that by entering such premises, you agree to comply with all posted rules and regulations, and all applicable law, pertaining to your presence on, and use of, such premises. Trunkshop or a third-party designated by Trunkshop, may communicate additional rules to you from time to time and your continued presence on the premises will be deemed to indicate your acceptance of such rules. You acknowledge and agree that you shall remain solely liable for all of your actions and omissions taken while present on such premises, and the actions and omissions of any minors accompanying you to the premises.
We understand life is hectic! You can schedule regular deliveries of your favorite items with Trunkshop’s subscription service. By placing an order through our subscription service, you agree to these terms, conditions, limitations and requirements applicable to [Trunkshop’s subscription service]. Without limiting the effect of Section 17, Trunkshop reserves the right to change the subscription service benefits, including any discounts and eligibility used to determine discount amounts, at any time and at our sole discretion. All changes will apply to future orders, including those for current subscriptions.
To subscribe to an eligible product, simply follow the subscription instructions on your account home page, or the product page for the item or items you would like to subscribe to. It’s as simple as that! We will send you a reminder email before each delivery showing you the product(s) and any applicable discount for your upcoming delivery. The prices on your items may change, depending on the price for the selected product(s) at the time your order is processed and shipped.
If you have any questions regarding your subscription, or need additional help, you can contact us at support@Trunkshop.co.
Eligible Products & Offer Details You can subscribe to eligible products that provide a subscription offer on the Trunkshop Sites. By subscribing to Trunkshop’s subscription service, Trunkshop will automatically create a new order according to your chosen delivery schedule, and will charge one or more of your payment methods on file, until you modify your subscription, modify your payment methods, or cancel your subscription. The details of a subscription offer may change as you receive deliveries over time. These changes can include item price, minimum order amounts, and shipping charges.
Your Trunkshop subscriptions are unique to you, and you may not assign or transfer any subscription or any of the benefits to a third party without our authorization. Trunkshop’s subscriptions are void where prohibited.
To skip a delivery or cancel a subscription, email us at support@Trunkshop.co at least three (3) business days before your next scheduled ship date.
Discounts & Promotions
Trunkshop may offer subscription discounts and other limited-time promotions on one or more eligible subscription products. If there is a discount applicable to an item, the discount for that item will appear on the product page, and then may only apply if you select the subscription delivery method. Trunkshop may change any discount at any time. Limited-time promotions apply only during their effective dates.
If an item ships before the subscription discount changes, you will receive the old discount on that order; however, the new discount, if any, will apply to future orders. The item price and any applicable discounts will be calculated before your reminder email. The price of the item may decrease or increase between deliveries, but will never be higher than the price shown in your reminder email.
When your order is processed, Trunkshop will charge you the cost of the item on that day, less any applicable subscription discount, plus any applicable sales taxes and other governmental charges and fees. We’ll apply any eligible promotional credit balances on your Trunkshop customer account toward the balance of your order before charging any remaining balance to your payment method on file.
We will bill your subscription to the payment method used to create your subscription or as otherwise directed by you. If we cannot complete your order with the payment method you used to create your subscription, you authorize us to update your subscription with an alternative payment method in your account and to charge your subscription on that payment method.
All returns under Trunkshop’s subscription service are subject to Trunkshop’s return policy HERE.
Your subscription will remain in effect until it is cancelled. You can cancel at any time through your Account page, or by contacting us at support@Trunkshop.co at least three (3) business days before your next scheduled ship date. If you cancel your subscription for an item and then reactivate it, the discount applied when you reactivate the subscription may not be the same as the discount in effect when you cancelled. If the discount percentage for such subscription item changes, the new discount will be applied to your future shipments of that item.
25. FULFILLED BY PARTNERS
Certain products and services marketed on the Trunkshop Sites are stored, shipped, and fulfilled by third-party manufacturers, distributors, suppliers, and/or other independent parties. Trunkshop will endeavor to identify such relationships on the applicable product pages and/or in the product description, but makes no guarantee, representation, or warranty that all or any products fulfilled by third parties will be so identified. In instances where products fulfilled by third parties are displayed on the Trunkshop Sites, Trunkshop is acting solely in its capacity as marketer to such third parties with respect to the products and services fulfilled by such third parties.
Once you have placed an order through the Trunkshop Sites for products and services that are fulfilled by parties other than Trunkshop, we will send you an order acknowledgement by email setting out what you have ordered. This is not an order confirmation or acceptance from Trunkshop or the applicable third-parties that will be responsible for fulfilling third-party goods and services market on the Trunkshop Sites, which order confirmation may be issued directly by such third-parties or Trunkshop on such third parties’ behalf.
Certain products and services fulfilled by third-parties may require additional time for delivery, may involve surcharges for shipping, handling, and/or delivery, may require age verification upon delivery, or may have additional requirements imposed by the third party fulfilling the order for these products and services in order to process orders and completed delivery. Trunkshop will endeavor to describe all requirements applicable to such third party products and services, but makes no guarantee, representation, or warranty that all or any requirements applicable to such third-party products and products will be identified, or, if identified, that such identified requirements will be accurate or complete.
Scheduled Delivery Services
Some products and services fulfilled by third parties require scheduled delivery due to their size and weight, the nature of the products and services, or the value of the products and services. These items may include, without limitation, large electronics, furniture, fitness and sporting equipment, jewelry, flowers and plants, recreation vehicles, appliances, yard fixtures, and other bulky items. If scheduled delivery is required, confirm in advance that an adult, age 18 or over (19 or over in AL or NE), with valid government-issued photo identification is available throughout the period of the scheduled delivery. Additional delivery requirements may be required to successfully complete delivery, some items may be delivered separately from other items in your order, and delivery to particular areas of your home may not be available. Failure to meet any minimum delivery and acceptance requirements communicated to you may result in additional shipping, handling, and/or delivery charges.
Without limiting Trunkshop’s limitation of liability in Section 13, in the event that the fulfillment and/or delivery of any third-party products and services require access to or entry into your premises, you agree that Trunkshop shall have no responsibility or liability whatsoever for any acts or omissions of the applicable third party or its representatives fulfilling and delivering the purchased products and services. By accepting products or services on your premises, you grant the third party and its representatives fulfilling and delivering the products and services purchased a license to enter your premises as invitees to perform the delivery services, the installation services (if applicable), and other services requested and purchased with your order.
Customer Service; Return Policy for Third-Party Goods and Services
The third parties shipping, fulfilling, and delivering products and services marketed on the Trunkshop Sites may be in the best position to assist you with the portions of your order(s) comprised of goods and services not fulfilled by Trunkshop. Contact the appropriate third party directly to resolve the problem. In most cases, Trunkshop cannot track orders or process cancellations, returns or replacements for items that were purchased from a third party through use of the Trunkshop Sites or Trunkshop Services, and these items cannot be returned to a Trunkshop. We will coordinate with these third parties to assist you with any questions or issues, but such parties may have customer service policies and procedures that vary from these Terms and will control the products and services they fulfill and deliver. In addition, such products and services may be subject to return policies specific to the third-party products and services offered, which Trunkshop will endeavor to identify on the relevant product pages and/or in the relevant product description.
26. COPYRIGHT COMPLAINTS
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:
27. OUR ADDRESS
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