Terms of Service | The Twig

This website (the “Site”) is exclusively owned by Shop The Twig LLC (“The Twig”). In the terms and conditions set forth below (the “Terms and Conditions”), the terms ‘we’, ‘us’ and ‘our’ refer to SThe Twig, its successors and assigns, and the terms “you” and “your” refer to, as applicable, (i) the person or persons purchasing merchandise from the Site, from the retail locations of The Twig, or sending merchandise to The Twig for servicing (collectively, the “Merchandise”), or (ii) the person or persons using the Site. These Terms and Conditions are binding on every The Twig customer, Site user and shall apply to all business dealings between you and The Twig, including, but not limited to, your use of the Site, any Transaction, and any other services provided to you by The Twig. You hereby make representations and warranties to The Twig (regardless of whether a Transaction is consummated and whether The Twig is the purchaser or seller of the Merchandise), and agree to the terms and conditions, in each case as set forth in the Terms and Conditions, by your use of the Site and/or by sending Merchandise to or receiving Merchandise from The Twig. The term “Transaction” shall mean your agreement to use of one or more of the services provided by The Twig or purchase Merchandise from The Twig, and The Twig’s agreement to provide such services or sell such Merchandise to you.

If you do not agree with the Terms and Conditions, please refrain from using the Site, engaging The Twig for its services or purchasing the Merchandise. The Twig reserves the right to modify the Terms and Conditions at any time without prior notification. Up-to-date Terms and Conditions can be reviewed in this section of the Site. All content on the Site including photos are the property of The Twig.

TERMS OF SALE

The following terms and conditions govern any Transaction relating to the sale, or attempted sale, of Merchandise by The Twig or services provided by The Twig. These Terms and Conditions represent the complete agreement of said parties, and modifications or additions to this agreement shall not be binding unless made in writing, signed, and approved by an authorized representative of The Twig.

Pricing

Prices for Merchandise sold by us are subject to change at any time, without notice. With respect to items sold by us, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our inventory may be mispriced. If the correct price of an item sold by us is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Listed price for all Merchandise does not include taxes, shipping, packaging, or refinishing costs unless expressly noted.

Acceptance

All sales or service engagements are subject to acceptance by The Twig. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of Merchandise 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, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all Transactions. 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.

The Twig reserves the right to ask all customers to provide photo identification when paying with a credit card or check. We reserve the right to ask customers to present photo identification before releasing the merchandise purchased.

The Twig may require clients to provide and sign an authorization form when hiring a third party to pick up their items. This form must be presented at the time of pickup with a copy of the original purchaser's photo identification card.

After 30 days of holding items ready for pick-up, The Twig reserves the right to charge a monthly storage fee, or cancel the order and refund the customer less a 25% restocking fee.

Merchandise Descriptions

We attempt to be as accurate as possible. However, we do not warrant that Merchandise descriptions or other content on our Site, including, without limitation, pricing information, is accurate, complete, reliable, current, or error-free.

The Merchandise featured on the Site has been represented to the best of our ability through photography, dimensions and product descriptions. Variation in dimensions can happen up to two inches due to the manufacturing process.

Returns

All sales are final. Returns are accepted for store credit within 7 days of delivery. Please email shopthetwig@gmail.com with any questions before placing an order.

Email shopthetwig@gmail.com to process a return.

Customer to arrange shipping and assume responsibility for damages. Credit will be valid for one year from date of issue.

Shipping

The Twig will ship through third-party shippers. If you are using a third-party receiver, the receiving party takes full responsibility for the condition of pieces upon delivery if no defects are immediately documented directly with the carrier. Merchandise sold by The Twig passes to you upon our delivery to the carrier.

Shipping damages must be claimed within 24 hours of receiving the package. All packaging must remain intact and be well documented in order to claim insurance. Please email damage claims to shopthetwig@gmail.com with detailed photos of the shipping box, packaging, and damages.

Antique & Vintage Inventory

Antique and vintage items are sold "as is". The condition of each item is noted in the product description. Please email us at shopthetwig@gmail.com for clarification on the condition of a particular item.

Risk of Loss

The risk of loss for all Merchandise delivered shall pass to you upon our delivery of such Merchandise to its delivery location. In all other instances, the risk of loss and title shall pass to you upon our delivery to a third-party carrier or when the Merchandise is made available for pick-up.

Taxes

You are responsible for all taxes levied by governmental authority (federal, state or local) upon for the Transaction, unless a resale tax certificate is provided. If a resale tax certificate is provided, The Twig will require a completed and signed Florida sales tax resale certificate to process the Transaction.

Indemnity

You agree to indemnify, defend, and hold harmless The Twig, its officers, managers, members, employees, agents, affiliates, licensors and suppliers (collectively the "Indemnified Parties") from and against any and all losses, expenses, damages, fines, penalties, and costs, including, but not limited to, reasonable attorneys' fees, incurred by any of the Indemnified Parties resulting from or arising out of any breach or violation of these Terms and Conditions by you or anyone acting on your behalf, or as a result of any false or materially misleading information provided by you to The Twig.

Limitation of Liability

EXCEPT AS EXPRESSLY MAY BE PROVIDED BY US IN WRITING, ALL INFORMATION, CONTENT, MATERIALS, MERCHANDISE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY US OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

EXCEPT AS EXPRESSLY MAY BE PROVIDED BY US IN WRITING, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SCOUT DESIGN STUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO MERCHANDISE, TRANSACTIONS, AND THE SERVICES PROVIDED BY SCOUT DESIGN STUDIO TO YOU, INCLUDING ANY CLEANING, MAINTENANCE OR REPAIR OF YOUR MERCHANDISE.

IN ALL EVENTS THROUGHOUT THESE TERMS AND CONDITIONS, YOU AGREE THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE THAT YOU SENT TO US SHALL NOT EXCEED $1,000 PER TRANSACTION. NOTWITHSTANDING THE FOREGOING, IF THE MERCHANDISE WE RECEIVE FROM YOU (I) IS MATERIALLY DIFFERENT FROM THE DESCRIPTION OF THE MERCHANDISE YOU PROVIDED TO US, OR (II) IS A COUNTERFEIT OR A REPLICA COPY, THEN THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE THAT YOU SENT TO US SHALL NOT EXCEED $100 WITH RESPECT TO SUCH MERCHANDISE. YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL WE HAVE ANY LIABILITY IN CONNECTION WITH THE MERCHANDISE, SERVICES, OR TRANSACTION PROVIDED IN EXCESS OF THE AMOUNTS PAID BY YOU.

YOU AGREE THAT WE WILL NOT BE LIABLE FOR (a) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECULATIVE, OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR OPPORTUNITY; OR (b) ANY CLAIMS, DEMANDS, OR ACTIONS FOR ANY SUBROGATION CLAIM BROUGHT BY YOUR INSURANCE CARRIER, IN EACH CASE RELATING TO ANY TRANSACTIONS, THE MERCHANDISE, THE SITE, OR ANY OTHER SERVICES PROVIDED BY SCOUT DESIGN STUDIO TO YOU, AND YOU EXPRESSLY AND SPECIFICALLY WAIVE ANY SUBROGATION CLAIM ON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIER.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Rules Governing Your Use of the Site

You are entirely responsible for any harm resulting from your use of the Site. The Twig does not warrant that the function or operation of the Site will be error free, that the Site or the server that makes it available will be free of viruses or other harmful elements. As a user, you assume full responsibility for any costs, expenses, losses, or damages incurred by you in connection, resulting from, or arising out of the use of the Site.

You represent and warrant that: (i) you will not use the Site for any unauthorized purpose including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications; (ii) you will not access the Site through the use of scripts, bots or other automated means; (iii) you will not access the Site through any means other than through the interface that we provide to you or engage in unauthorized framing of, or linking to, the Site unless otherwise specifically authorized by us in a separate written agreement; (iv) you will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including, without limitation, hacking into the Site; (v) you will not impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; (vi) you will not circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Intellectual Property (as defined in “Our Intellectual Property Rights” below) or enforce limitations on use of the Site or the Materials on the Site; and (vii) you will not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else that minimizes, covers or inhibits the full display of the Site.

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments, photos, videos, product or services feedback or ideas and any other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission") and through the services available in connection with the Site, and that you have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to us. You represent that the posting and use of your Submission on or through the Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; you agree to pay for all royalties, fees, and any other monies owed by reason of Submission you post; and you have the legal right and capacity to enter into these Terms in your jurisdiction.

You agree that we are free to use a Submission for the purpose of providing you and others with use of the Site and their functionality and providing you with the associated products and services, and, unless the rights in such submission are assigned to us under these Terms, you grant us a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission. For clarity, you agree that we may also use such Submission for future marketing campaigns and new product development.

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.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Our Intellectual Property Rights

The Site, all materials on the Site, including, but not limited to the logos, sales copy, images, navigational aids, illustrations, all of such items that are provided to you in tangible form, and all rights related to the aforementioned (collectively, the “Intellectual Property”), are owned by and the property of us or our affiliates and licensors and are protected from unauthorized use, distribution and copying by United States trademark law and copyright law, foreign laws and international conventions and other intellectual property laws. In order to use any Intellectual Property, you must obtain our written consent prior to your use. We reserve all rights not expressly granted by these Terms and Conditions.

Electronic Signature

FOR PURPOSES OF THE TRANSACTION, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, RECEIPT OF NOTICES BY E-MAIL OR OTHER ELECTRONIC MEANS, USE OF ELECTRONIC CONTRACTS, AND TO ACCEPT THESE TERMS AND CONDITIONS BY ELECTRONIC MEANS.

Governing Law and Dispute Resolution

These Terms and Conditions and any Transaction shall be deemed to have been made in the State of Florida, and all matters arising from or relating in any manner to the subject matter of this Agreement or any Transaction shall be interpreted in accordance with the Laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or of any other jurisdiction). YOU AGREE THAT THIS AGREEMENT SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED IN HIGHLANDS COUNTY, STATE OF FLORIDA, AND ANY APPELLATE COURTS THEREOF (THE “APPLICABLE COURTS”), FOR ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY, AND SCOUT DESIGN STUDIOS AND YOU IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE APPLICABLE COURTS FOR ANY AND ALL SUCH ACTIONS; (II) YOU AND SCOUT DESIGN STUDIO EACH AGREE THAT SERVICE OF PROCESS, SUMMONS, NOTICE OR OTHER DOCUMENT SENT TO SUCH PERSON OR PARTY IN ACCORDANCE WITH THE REQUIREMENTS OF THIS AGREEMENT SHALL BE EFFECTIVE SERVICE ON SUCH PERSON OR PARTY IN THE APPLICABLE COURTS FOR ANY AND ALL SUCH ACTIONS; AND (III) YOU AND THE TWIG EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE (AND AGREE NOT TO PLEAD OR CLAIM) ANY OBJECTION (A) TO THE LAYING OF VENUE OF ANY ACTION IN THE APPLICABLE COURTS, OR (B) THAT ANY SUCH ACTION BROUGHT IN ANY SUCH APPLICABLE COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. YOU AND SCOUT DESIGN STUDTIO EACH AGREE THAT A FINAL, NON-APPEALABLE JUDGMENT IN ANY ACTION IN THE APPLICABLE COURTS SHALL BE CONCLUSIVE AND BINDING ON EACH OF THEM AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. YOU AND THE TWIG EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU OR IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY TRANSACTION, REGARDLESS OF WHETHER NOW EXISTING OR HEREAFTER ARISING, AND REGARDLESS OF WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. YOU AND SCOUT DESIGN STUDIO EACH AGREE THAT EACH PARTY MAY FILE A COPY OF THIS SECTION WITH THE APPLICABLE COURTS AS WRITTEN EVIDENCE OF THEIR IRREVOCABLE AND UNCONDITIONAL AGREEMENT TO WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Force Majuere

In no event shall The Twig be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, labor disputes, strikes, work stoppages, accidents, other industrial disturbances, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, civil unrest, riots, nuclear catastrophes, fires, natural disasters or acts of God like lightning, tornadoes, hurricanes, tsunamis, floods or earthquakes, government order, law or action, embargoes or blockades, pandemics or epidemics, transportation issues, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

Miscellaneous

You hereby acknowledge and agree that you provided to us the email address, physical address, and telephone numbers that are in our records, and it is your responsibility to provide us with any current or updated contact information. You further acknowledge and agree that: (i) any email message that we send to you is deemed to have been effectively received by you and constitutes due notice to you by email; (ii) any phone message we leave with you, anyone answering your phone, or on your answering machine or service is effectively received by you and constitutes due notice to you by telephone; and (iii) letter shall be deemed delivered when hand-delivered, delivered by nationally recognized overnight courier with proof of delivery or deposited in the mail addressed to you at your address shown on the invoice or receipt as applicable, or if notice is to be delivered to us.

The Twig is licensed to do business in the State of Florida and is governed by the laws of the State of Florida. All references to days shall refer to business days. Saturdays, Sundays, and federal legal holidays are not included as business days, and if the expiration of any time frame set forth above falls on a Saturday, Sunday, or federal legal holiday, performance will be due on the next business day. Merchandise received after 2:00 p.m., or on any Saturday, Sunday, or federal legal holiday will be considered to have been received on the next business day. All business days will begin at 9:00 a.m. and end at 5:00 p.m. in Florida on the appropriate day. Notwithstanding any other provision herein to the contrary, we reserve the right to suspend or enlarge any time frame specified above, and/or request additional documents or information from you, in order to comply with any applicable local, state, or federal law, ordinance, or regulation.

In the event that any provision hereof is found to be invalid or unenforceable, the remainder of these Terms and Conditions shall remain valid and enforceable according to their terms. It is expressly understood and agreed that each provision of these Terms and Conditions that provides for a disclaimer of warranties, limitation on liability, or exclusion of damages is intended by the parties to be severable and independent of any other provision and to be enforced as such. The failure of a party to enforce any applicable provision of these Terms and Conditions, or to require at any time performance by the other party of any provision or obligation hereof, shall in no way be construed to be a waiver of such provision, nor in any way affect the validity of these Terms and Conditions or any part hereof, or the right of such waiving party.

** Terms and Conditions are subject to change. You must go to our website to read the full terms & conditions or contact us and we will send you a copy of the Terms & Conditions free of charge.