TERMS & CONDITIONS OF USE OF TWILLORY.COM
Frequently Asked Questions
Do Twillory Loyalty points expire?
What is Route Package Protection?
I accidentally placed my order to the incorrect address! What can we do?
Bummer to hear about this! If your order hasn't already shipped, reach out to us at firstname.lastname@example.org and we can attempt to have our third-party fulfillment center change the address for you.
Once an order has been marked as shipped, we are unfortunately not able to change the delivery address, and cannot be held responsible for successful delivery to the correct address.
I need to edit / cancel an order I just placed! How can I do that?
Feel free to reach out to us at email@example.com with the words "ORDER EDIT" in the subject line, and we'll respond as soon as we can!
Please be aware that we currently use a third-party logistics company, and as such we can't guarantee that we will be able to alter or cancel your order.
I've reached out to you, but it's been over 24 hours and I haven't heard back. What's the deal?
Can I use a discount along with my Twillory loyalty points when checking out?
I still have some free shirt referral codes from before, but I see there's a new loyalty program that uses points. Are my codes still valid?
My box says I get a free shirt for referring a friend, but when I refer someone all I seem to be getting is loyalty points. What gives?
What happens if I return an item that was purchased at bundle pricing?
Our pricing works on a sliding scale based on the amount of products ordered. If you return less than your full order, the products kept on your end will be prorated to the next available promotional pricing, and a refund of the difference will be issued.
What does that mean? Well, I’m glad you asked. Take our shirts for example; we currently have four tiers of pricing; single-shirt orders, two-shirt orders, three-shirt orders, and orders of four shirts or more. Say you order four shirts and then decide that two of them aren’t really your style. Upon returning those shirts, your order will be pro-rated to the pricing of a two-shirt order, and we would issue a refund of that difference.
That being said, if you order more than four shirts, you get to keep your pricing and are refunded for the amount paid for the shirts returned, so long as at least four shirts are kept.
It should also be noted that any discounts applied to the order during checkout will still apply, regardless of the amount of shirts returned.
I want to purchase a shirt, but it says "exchanges are accepted, S&H fees apply." What does this mean?
Great question! This means that the shirts with this text are ineligible for our regular free exchanges. However, shirts with "exchanges are accepted, S&H fees apply" means they can be exchanged for a processing fee of $10 per shirt. Reach out to firstname.lastname@example.org to get the process started!
What is considered a referral when it comes to your Refer a Friend program?
How long does it take to process my return?
I love the Twills that I bought, but I need to make an exchange. What’s your policy for that, and how do I do it?
Same as our return policy! Unwashed, unworn, and within 30 days of your delivery date. Once you send your shirts back, just let us know the tracking info from return label included in your order, as well as the packing slip. When we see that activate, we can push your exchange through!
If you don't see a return label included in your order, let us know and we can generate one for you.
What does final sale mean?
Any item that is designated as final sale is sold as is, and is not eligible for return or exchange (unless otherwise specified).
If an item that was marked as final sale is returned for an attempted refund, we will issue a store credit equal to the amount paid for the shirt, less any processing fees.
What’s your return policy like?
As long as your items are unworn and unlaundered, returns are absolutely free in the contiguous United States within 30 days from the date of delivery! Each order comes with a free return label. We use UPS or USPS return labels, depending on where you had your order shipped to; be sure to check on the label to see which you received.
Just pack the items you’re looking to return into the Twillory box (if you have it; if not, any package that gets the products back to us in saleable condition), slap the label on, and hand the package off to your local USPS postal worker / UPS location. If there’s no return label, reach out to our Customer Happiness team at email@example.com and we’d be more than happy to provide you with a return label.
Once our warehouse confirms receipt of your return, we’ll put you down for a refund, after which you should see a credit back to your original form of payment within 24-48 hours of processing.
I'd like to get in touch with Customer Service. When are they available?
I don't like the style of accessory I received in one of your promotional giveaways. Can I exchange it for a different style, and do free exchanges apply to this as well?
I received a free accessory as part of a promotional giveaway, but I'd like to make a full return of my order. Can I keep the accessory for free?
Do you ship internationally?
We do! We’ve partnered with Global-E, an international logistics company, to securely ship our Twills to most locations around the globe. They’ve created a smart interface for our site that senses your location via your IP address and changes our site to match local language and currency.
If the site is currently set to a location that isn’t yours, you can switch to another country by scrolling to the bottom of any page (save for your cart and checkout), clicking the flag, and selecting your country. Twills for everyone around the world!
Please be aware that since all shipping, duties and taxes are covered by the customer, they are non-refundable even in the event of a return.
How fast is your shipping?
We generally process and ship orders within 1-2 business days. Our standard / free shipping takes around 4-9 days shipped anywhere in the US.
If you require faster delivery, we offer an upgrade to our 3-5 day shipping for a flat fee of $5 for orders $99+, and if you’re really in a hurry, choose the 2-3 day shipping option (delivery on business days only). You can pick your preferred option and calculate associated costs on the checkout page. Please be aware that our shipping window closes at 10AM daily.
Shipping to Alaska, Hawai'i, and International destinations are not included as part of our free shipping and returns, and is covered by the customer at checkout.
Please note: In times when our warehouse experiences higher than regular order volume (ex. Mondays or during a major sale), orders may take an additional 1-2 business day to process. Shipping times are calculated based on when the order has been fulfilled and shipped, not when the order was placed.
I want to make an exchange. I don’t see any styles I currently like, though, and I want to keep my pricing. What can I do?
Not a problem! We can issue a discount code for the amount of items that you aren’t able to exchange for the moment, which you can use at your leisure to grab a different style at no additional cost to you. We can also offer at-cost store credit, if you would rather apply that amount to a product that has a different price.
I got shirt credit instead of a shirt when making an exchange. How long does that last for?
My discount / promo code isn’t working! What’s up with that?
That stinks! There are a couple of reasons this could be happening:
- You’re attempting to use multiple promotions at a time, like two discount codes at once, or loyalty points on top of a promotional code (our shopping platform only allows for one per order);
- Your order doesn’t qualify for the promotion (a lot of our promotions are only applicable to orders that contain specific products);
- The promotion may be expired;
- You may not be eligible for the promotion.
If you feel like your order does qualify but the promotion still isn’t going through, please reach out to us at firstname.lastname@example.org and our Customer Happiness team will get to the bottom of it for you!
PLEASE NOTE: We can only honor discount codes that have come directly from a Twillory promotional email or pop-up. Discount codes obtained from third-party sites can be denied at our discretion.
I’m an international customer, but I need to exchange / return my order. What’s the protocol for that?
Since all international shipping is paid by the customer, returns work a bit differently. Just ship your order back to the below address; once our warehouse confirms receipt of your shirts, we can put you down for a refund, and you should see a credit post to your account within 24-48 hours.
Right Choice Fulfillment
466 Bridgeport Ave
Shelton, CT 06484 USA
If you made your purchase using a discount code and you’d like to reorder, or if you only partially returned your order and want to get the same amount of items in exchange, reach out to us at email@example.com and we’ll be happy to help you out!
I received my purchase more than 30 days ago; can I make a return from that order?
My shirt is damaged! What should I do?
I haven’t received my package yet / tracking shows my package was delivered, but it isn’t there. What should I do?
Can I refer myself for the Refer-a-Friend campaign?
That would be silly of us! We hate to be party poopers, but if you refer yourself, you won't be eligible to receive the referral reward. Please note that referrals between partners / spouses, as well as to members of your household, are likewise excluded.
The reason why we have our referral program is because we want to spread the joy of Twillory to those who are currently unaware of our Twills’ glorious sartorial effect, and have not yet become customers. To refer yourself, a spouse, a partner or a member of your household circumvents this idea of spreading the love of Twillory. Hopefully that clarifies things for you!
Can I refer the same person twice?
What’s the difference between Extra Trim, Tailored, and Traditional?
- Tailored Fit is tapered through the body for a slimming silhouette, though we did leave a bit of room throughout the shirt for movement during the day.
- Traditional Fit eschews the tapered cut and instead is cut straight through the body. There’s also a bit more room in the upper body than Tailored Fit shirts of the same size.
- Extra Trim Fit is slimmer than our Tailored Fit, with a darted back, to give you a much slimmer fit.
I need help finding my fit.
That’s half the fun of shopping online, amirite!? Reach out to firstname.lastname@example.org with your height and weight, and a Customer Happiness person will help you find the right Twillory size for you. The size, fit, and brand of your favorite dress shirt also helps a lot.
I need some style advice. Who can I talk to?
You’ve come to the right website! Any one of our Customer Help people have been trained by atelier houses in Paris for optimum color and pattern matching. Okay, maybe they weren’t, but feel free to email us at email@example.com and we’ll set you up with some snazzy Twills to round out your wardrobe.
Can I get free Twills to try on?
That would be pretty awesome! While we aren’t able to send out any products free of charge, we do have free returns and exchanges. You’ll get to try on some of the best shirts in the biz in the comfort of your own home, risk-free; and if you don’t like ‘em, you can just send ‘em back to us!
RETURNS & EXCHANGES
Free Returns and Free Exchanges for 30 days from when your order was delivered*. It can’t be simpler.
We hope you love our products; but if for any reason you are less than totally satisfied, just follow these easy steps:
- Reach out to us at firstname.lastname@example.org and let us know if you'll be making a full return, partial return, or if you're looking to exchange the items in your order. Be sure to let us know the tracking number from your return label so we can keep an eye on your return from our end.
- Put any unworn and unlaundered items that you'd like to return into a box and seal with tape, along with the packing list associated with our order. Any box will do!
- Take the return label included in your order and attach it to the aforementioned box. We use UPS or USPS return labels, depending on where you had your order shipped to; be sure to check on the label to see which you received.
- Drop the box off at your nearest United States Postal Service / UPS location, or hand it off to your postal worker / UPS driver. We'll take care of the rest!
*Continental USA, Alaska and Hawai'i not included.
If there is a partial return of a multi-buy order, the pricing of the items kept will be prorated to the next available pricing, and a refund will be issued accordingly. If you do not see a return label in the box, please let us know and we will generate a new one for you. Feel free to take a look at the FAQs for more info!
PLEASE NOTE: Items that are marked as "final sale" are ineligible to be returned for refund or exchange unless otherwise stated. "Exchanges accepted, S&H fees apply" means that there is a charge for any item exchanged. See FAQs for details.
TERMS & CONDITIONS OF USE OF TWILLORY.COM
TERMS & CONDITIONS OF USE OF TWILLORY.COM
ACCEPTANCE OF THE USE OF TWILLORY TERMS AND CONDITIONS
Your access to and use of the Website is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
When you place an order your order constitutes your offer to Twillory to buy one or more products from Twillory for personal use and not for resale purposes. Twillory reserves the right to limit, cancel or prohibit any order that, in Twillory’s judgment, appears to be placed in violation of this policy.
REFUSAL OF ORDER
Twillory reserves the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website. Twillory makes reasonable efforts to process orders. However, there may be circumstances that may require Twillory to refuse to process an order. Twillory reserves the right to refuse to process an order at any time, at its sole discretion, and will not be liable for refusing to process an order at any time.
RETURNS AND REFUNDS
We accept unworn, unlaundered and undamaged merchandise 30 days from delivery date for a full refund. If merchandise has been worn, used, laundered or are damaged, we can reasonably decline your refund. Between 30 and 60 days we will reduce the refund by a $15.00 USD handling fee per shirt returned. After 60 days we do not accept returns. Any item marked as “Final Sale” cannot be returned or exchanged. In the event of a return, the relevant multiple-buy, coupon, or promotional discount will not apply and the refund will be reduced accordingly. Please also note that we only provide one pre-paid return label per order. Loss of label or multiple return shipments will incur a $15.00 USD fee per label required.
Twillory reserves the right to refuse returns of any merchandise that does not meet Twillory’s return requirements in Twillory’s sole discretion.
CREDIT CARD DETAILS
Credit cards on Twillory.com are securely processed by Shopify Payments an industry leading 3rd party credit card processor. No credit card information is stored at Twillory.com.
The contents of the Twillory.com website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
CHANGE OF USE
Twillory reserves the right to: change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Twillory shall not be liable to you for any such change or removal and change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
THIRD PARTY ADVERTISING
We may use third party advertising companies to collect data and/or serve ads when you visit our website or application. These companies may use information about your visits to this and other websites or applications in order to provide advertisements about goods and services of interest to you. Please keep in mind that your browser settings may not permit you to control the technologies utilized by these third party companies. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit http://www.networkadvertising.org/choices/ or contact us at email@example.com .
The Website, including all of its information and content, such as text, design, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software, source codes and the HTML used to generate the pages (collectively, “Intellectual Property”), is owned or licensed by Twillory or otherwise used by Twillory as permitted by law and protected by patent, trademark, and/or copyright under United States and/or foreign laws. In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
INTELLECTUAL PROPERTY INFRINGEMENT
If you believe certain content on the Website constitutes infringement of your copyright please email firstname.lastname@example.org with the following information:
- Evidence of your authorization to act on behalf of the owner of the owner of the copyrighted work;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located on the Website including a link to where the alleged infringing material is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and
- Your physical or electronic signature.
If you believe content on the Website constitutes infringement of your trademark or other intellectual property rights please provide a notice of your claim to email@example.com.
ACCESS AND INTERFERENCE
You agree that:
- You will not use any robot, spider, scraper, deep link or similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion of the Website, other than via software that sends queries to the Website to index or rank a website for search and location purposes, without Twillory’s express written consent, which may be withheld in Twillory’s sole discretion.
- You will not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines and search agents available through the Website and other than generally available third-party web browsers (such as Microsoft Explorer).
- You will not post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website.
- You will not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website.
- You may only use the Website to make legitimate inquiries or orders.
- You will not make any false or fraudulent orders. If Twillory is of the reasonable opinion that you have made a false or fraudulent order, Twillory shall be entitled to cancel the order and inform the relevant authorities.
- If you do not give Twillory all the information needed Twillory may not be able to complete your order.
- You will not attempt to interfere or interfere in any way with the Website’s network or related network security or attempt to use the Website to gain unauthorized access to any other computer system.
- You will not use the Website to communicate, transmit, or post material that infringes on the intellectual property, privacy, or publicity right or another person or entity.
- You will not use the Website to engage in conduct that would constitute a civil or criminal offense, or that violates any applicable laws or regulations.
- You are 18 years old and are legally capable of entering into binding contracts.
DISCLAIMERS AND LIMITATION OF LIABILITY
All products, services, and content on the Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, Twillory will not be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or damage whatever (including without limitation loss of business, opportunity, data, profits) arising from or in any way related to the use of, or the inability to use, or the performance of the Website, or the content and materials or functionality on or accessed through the Website. Twillory makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Twillory for death or personal injury as a result of the negligence of Twillory or that of its employees or agents.
You agree to indemnify and hold Twillory and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Twillory arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Valley Stream, New York before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Twillory’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
CHOICE OF LAW
All Website activity or use and these Terms and Conditions are governed by the laws of the United States of America and the applicable laws of the State of New York, without regard to conflict of law principles.
In the event of any claim, controversy, or alleged dispute between you and Twillory, its members or affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding.
In the event of any claim, controversy, or alleged dispute between you and Twillory, its members or affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding. Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the rules of the American Arbitration Association (“AAA”) to be held in New York County, New York, before an arbitrator to be selected by the AAA. Any such arbitration may only be commenced within one (1) year after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued.
In any arbitration and subject to the ultimate discretion of the presiding arbitrator, each side will be limited to a maximum of one (1) day of argument (including rebuttal), and the parties agree in good faith to minimize discovery burdens (e.g. confine the scope to actual areas in dispute and limit the topics and number of pages on which information is requested to matters directly relevant). The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof. You agree that all Disputes will be limited between you, individually, and Twillory. To the full extent allowable by law, you agree that no arbitration proceeding or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
WAIVER AND SEVERABILITY
Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term, or provision of these Terms and Conditions. If any provision in these Terms and Conditions is determined to be wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Notice for California Residents. Under California Civil Code Section 1798.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the services provided on the Website, please contact us at (516) 444-3417. You may also contact us by writing to The Haberdash Group, Inc. 181 South Franklin Avenue, Suite 203, Valley Stream, New York 11581