Terms of Service
Welcome to the TheFinerthings1920.com website (the “Site”). This Site is maintained and operated by THE FINER THINGS 1920 (“THE FINER THINGS”).
- USE OF THE SITE: You may use the Site only for your own noncommercial personal use and in compliance with the Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
- Posting any information which is untrue, inaccurate or not your own
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
- Attempting to interfere in any way with the Site's or The Finer Things network security, or attempting to use the Site's service to gain unauthorized access to any other computer system
You are responsible for maintaining the confidentiality of your subscription and any passwords associated with it. You agree to accept responsibility for all activities that occur under your subscription account. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
ADDITIONAL TERMS AND CONDITIONS: You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies and membership reward programs ("Additional Terms"), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
SUBSCRIPTION/BILLING: At THE FINER THINGS, we offer one type of Box Membership. Please review these THE FINER THINGS Membership Terms carefully and make sure you understand them before enrolling because they contain important and relevant information regarding any Membership you may purchase, including renewal and cancellation terms. Memberships are continuous and automatically renew unless you cancel or we terminate your account.
- Quarterly Memberships. A Quarterly Membership consists of an initial themed product box (each, a “Box”) and an additional Box sent out quarterly thereafter – April, July and October, etc.
If you sign up for a Quarterly Membership, you will be immediately billed the quarterly subscription rate, plus applicable taxes and shipping cost (as a non-refundable minimum purchase) and that initial "box" will be the first box you receive. Thereafter, your credit card will be charged the quarterly subscription box rate plus applicable taxes and shipping cost, on the 1st day of the 1st month of the new quarter (April 1st, July 1st, and October 1st) in advance of the subsequent quarterly box shipment date, and every quarter thereafter.
- Quarterly Memberships automatically renew each quarter (i.e., calendar quarter) and, unless request a timely cancellation, you will be charged as described above
2. Annual Memberships. If you choose an Annual Membership, your subscription will include the same Boxes as you would receive under a Quarterly Membership. If you sign up for an Annual Membership, you will be immediately billed the annual subscription rate, plus applicable taxes and shipping cost (as a non-refundable minimum purchase).
Annual Memberships automatically renew on the next billing date after your first four boxes and, unless cancel in a timely manner, you will be charged for the next annual Membership Term up to three weeks before the then-current Box is shipped. **New annual memberships have been discontinued as of December 2018**
Cancellation Policy: Customers may cancel at any time, subject to the time frames below. We do not place “holds” on Memberships and users are welcome to reactive their membership at any time.
In order to cancel your subscription, please login into your account to process your cancellation immediately.
Cancellations must be effected prior to the billing date of the Membership renewal. Please cancel by 11:59 p.m. on the last day of the month prior to the new quarterly payment. For Quarterly Memberships, this means that you must cancel before the billing date for the next quarter. For Annual Memberships, you must cancel prior to the billing date for the next annual period.
COMMUNICATIONS: As a registered user of THE FINER THINGS, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you a newsletter. You may opt-out from receiving special promotions or our newsletter by emailing firstname.lastname@example.org or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant THE FINER THINGS the right to store and process your information with the third party payment service, which may change from time to time; you agree that THE FINER THINGS will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
BILLING POLICIES: Certain aspects of the Service, for example subscription plans, may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms quoted on our Site and as we may update them from time to time. THE FINER THINGS may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Payment for all products purchased through our Site must be by credit (Visa, MasterCard, American Express or Discover Card) or debit card.
- For Subscription Plans, you must cancel by 11:59 pm prior to quarterly billing date to avoid being charged for that quarter’s box. If you cancel after this time and a box is processed, there will be no refund available. In the event that THE FINER THINGS suspends or terminates your subscription or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
- The quarterly or annual subscription can be canceled but are nonrefundable. Once a subscription is cancelled consumers will receive a confirmation of cancellation and not receive a refund of any kind. All box purchases are nonrefundable. We do allow refunds in the first 24 hours of your membership. You must contact us via email at email@example.com and we will respond with next steps. Any refunds will be issued within 30 days of approval.
For Products. You understand and agree that you shall receive no refunds and no exchanges for any Products once we deliver to you unless there was an error in the packing of your merchandise or your item has been found to be defective. If an item is found to be defective, you will have (3) days to notify THE FINER THINGS for a full refund, less shipping fees. After (3) days, we will offer a exchange only or store credit.
No items may be returned because a member did not like the items. All sales are final.
Risk of Loss and Title
All products purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, THE FINER THINGS. The risk of loss for such products passes to you when THE FINER THINGS delivers these items to the carrier. Title to products purchased on the Service passes to you when we receive full payment of all sums due for such products including any shipping and handling charges.
Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or debit card, used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Payments shall be processed through our site and shall be in the form you select when you either submit an order form or your register a paid Service. THE FINER THINGS reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or amounts due to any breach of this Agreement by you, pending THE FINER THINGS reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made here-under, you must notify THE FINER THINGS in writing within thirty (30) days of such payment. Failure to so notify THE FINER THINGS shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by THE FINER THINGS. No other measurements or statistics of any kind shall be accepted by THE FINER THINGS or have any effect under this Agreement. We may withhold any taxes or other amounts from payments due to you as required by law.
SHIPPING: For each Box, we may also charge for any applicable taxes, as well as shipping fees for shipments. Shipping fees will be charged based on geographical region for each box and billed quarterly and a flat $45.00 for boxes billed annually (applies to grandfathered annual subscribers as of December 31, 2018).
FORCE MAJEURE: Seller shall not be responsible for cancellation or delay in the delivery or performance resulting from causes beyond its reasonable control, including, but not limited to: acts of God, strikes or other labor disturbances; equipment failure; delays in transportation, inability to obtain fuel, material, or part; war; acts of terrorism; riot, epidemics/pandemics; floods, fires; severe weather conditions, accidents; or other contingencies the non-occurrence of which was a basic assumption on which the purchase was made.
PROPRIETARY RIGHTS: You acknowledge and agree that the content (other than content that may be submitted by Members), materials, software and other components (including our graphics, logos, videos, button icons, music and page headers) available on the Site are the property of THE FINER THINGS or our licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, distribute, modify, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content or materials on the Site.
PRODUCT INFORMATION; LIMITATION ON QUANTITIES: Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies that we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
DISCLAIMERS: You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A "LINKED" SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, THE FINER THINGS DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FINER THINGS makes no warranties of any kind regarding any non-THE FINER THINGS sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and THE FINER THINGS makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-THE FINER THINGS’ sites. THE FINER THINGS does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
SUBMITTED CONTENT: THE FINER THINGS does not claim ownership of any materials you make available through the Site. With respect to any materials you submit or make available for inclusion on the Site, you grant THE FINER THINGS a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant THE FINER THINGS the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. THE FINER THINGS will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
PROFESSIONAL ADVICE: Any product or other information (for example, product ingredients, instruction for a particular product use) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
LOCAL TAX: You may be charged local sales tax, if applicable.
LIMITATION OF LIABILITY: IN NO EVENT SHALL THE FINER THINGS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF THE FINER THINGS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE FINER THINGS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO THE FINER THINGS IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
INTERNATIONAL USE: We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
RISK OF LOSS OR THEFT: Any merchandise purchased from the Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
RISK OF LOSS OR THEFT: COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES THE FINER THINGS specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. THE FINER THINGS will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA). To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The DMCA requires that notifications of claimed copyright infringement should be sent to the following address: firstname.lastname@example.org
These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please contact: email@example.com.