Terms of use

TERMS OF SERVICE

OVERVIEW

This website is operated by S. J. Shrubsole Corp., a corporation organized under the laws of New York  (“Shrubsole”).  Throughout the Site, the terms “we”, “us” and “our” refer to Shrubsole.  

SECTION 1 - ONLINE STORE TERMS

We offer this website (this “Site”) to you, the user, subject to your acceptance of the terms, conditions, notices and policies provided below or available via hyperlink. These are referred to together as the “Terms.”  Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site or ordering a product from us, you agree to be bound by these Terms. If you do not agree, then you may not access the Site. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools added to the Site are also be subject to these Terms.

Our store is hosted on http://chunkhost.com. They host the online e-commerce platform that allows us to sell our products to you.

SECTION 2 - GENERAL CONDITIONS; SECURITY

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the website, without our express written permission.

You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Site and you are solely responsible for all activities that occur under your account.  If you become aware of any unauthorized use of your password or of your account, you must notify us immediately.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This site may contain certain historical information. Historical information may not be current and is provided for your reference only. We may modify the contents of this Site at any time, but we have no obligation to do update any information on our site. It is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SITE AND PRICES

Prices for our products are subject to change without notice.

We may at any time to modify or discontinue the Site (or any part of it) without notice at any time.

We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.

SECTION 5 – RETURN POLICY AND LIMITED GUARANTEE

Certain products may be available exclusively online through the Site. These products may be limited and are subject to return or exchange only according to our Return and Exchange Policy.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

We may, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer.  All descriptions of products or product pricing are subject to change at anytime without notice, in our sole discretion. We may discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

Except as provided in the next paragraph, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.

This is our limited guarantee:

All items are guaranteed to be genuine, of the period noted in the invoice, and in the condition described. We pride ourselves on selling merchandise in pristine condition, relative to its age.

Our only goal is to have our customers satisfied with their purchases.  Should you purchase anything from us, you may return it, within one week of your receiving it, for a refund. The refund amount will be the purchase price less any transaction fees – namely credit card fees, shipping and insurance charges.   The item must be returned to us in exactly the same condition it was provided to you. 

After one week of your receiving your purchase, all items are still eligible for a return for a store credit within 180 days, so long as the item is returned to us in exactly the same condition it was provided to you .

This paragraph states our entire warranty and guarantee, and we expressly disclaim any others.

SECTION 6 SHIPPING

Orders are shipped using ground service unless upgraded by you. Order processing time is contingent on credit card authorization or receipt of payment, and does not include weekends or holidays.

You are responsible for having an adult available to accept the shipment.

All merchandise returned to us because of non deliverability will be credited back to you minus transcation costs and the cost of shipping and handling.

Our shipping and processing charges are intended to compensate our company for processing your order, handling and packing the products you purchase, delivering them to you, and covering related overhead and insurance. Most purchases are shipped to arrive within five business days of receipt of the order. If there is a delay, we will notify you by mail or email. Some items sent directly from our suppliers may take longer, and items ordered together may not arrive in the same box. Items shipped to Alaska and US Territories are delivered by UPS or USPS at our regular shipping and processing fees, with an additional charge of $10. Some heavy or oversized items may require professional handling and will be sent via other means agreed upon beforehand. Higher value (above $100,000) items will be shipped via courier service such as Brinks. For customers wishing to ship orders to US Territories, APO or FPO addresses via Parcel Post, please contact us.

Sales Tax
Sales tax on the merchandise total is charged for items shipped to the following states and US territories: New York.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 8 - OPTIONAL TOOLS AND THIRD PARTY LINKS AND COMMENTS

We may provide you with access to third-party tools or sites over which we neither monitor nor have any control nor have input.  We provide access to these tools and sites ”as is” and “as available” without any warranties, representations or conditions of any kind. We have no liability whatsoever arising from or relating to your use of optional third-party tools, sites or links and your use of those is at your own risk and discretion, and may be subject to different terms of use.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), we may, at any time, without restriction or compensation to you, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You represent that your comments will not violate any privacy or proprietary right of any third-party and will not contain libelous or otherwise unlawful, abusive or obscene material. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 – AGE; PRIVACY POLICY

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.    Your submission of personal information is governed by our Privacy Policy. To view our Privacy Policy please click here: http://shrubsole. com/privacy-policy.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Site or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.  From time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.

Your use of, or inability to use, the Site is at your sole risk. The Site and all products delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  In no case will we or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or any products procured using the Site , or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that  provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Site, or when you cease using the Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate our agreement with you at any time upon notice to you and you will remain liable for all amounts due up to and including the date of termination.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

SECTION 16 – WAIVER; ENTIRE AGREEMENT; CONSTRUCTION; STATUTE OF LIMITATION

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us constitutes our entire agreement and understanding and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW

The laws of the State of New York, without regard to its conflict of laws provisions, will govern the Terms, and your relationship with us under the Terms. Any controversy or claim arising out of or relating to these Terms or our relationship will be settled by binding arbitration administered by the American Arbitration Association using the AAA's Commercial Dispute Resolution Procedures held in New York, New York before a single arbitrator and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration is specific to you, and as such, you agree that you shall not bring or participate in any action against us as part of a class action either in arbitration or in any court. If the foregoing is held to be unenforceable by any court, we agree to submit to the exclusive jurisdiction of the courts located within the State and City of New York to resolve any legal matter arising from the Terms.   You agree that Glassful shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Site following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 19 – PROPRIETARY RIGHTS

We own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist on the Site (whether registered or not, and wherever those rights may exist).  Nothing in the Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with us, then your use of these features are subject to that agreement and any applicable provisions of the Terms, as updated from time to time.

SECTION 19 – PROPRIETARY RIGHTS

We own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist on the Site (whether registered or not, and wherever those rights may exist).  Nothing in the Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with us, then your use of these features are subject to that agreement and any applicable provisions of the Terms, as updated from time to time.

If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is provided in the next section.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms should be sent to us at inquiries@shrubsole.com or by mail at 26 E 81st Street, New York, NY 10028 or by phone at (212) 753-8920.