This website is operated by Tartan & Lolly Enterprises Inc (“Tartan & Lolly”). Throughout the site, the terms “we”, “us” and “our” refer to Tartan & Lolly. Tartan & Lolly offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, sellers, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our website (www.Tartan & Lolly.com) is comprised of two online stores: 1) our subscription service store (“Subscription Store”) and 2) our online store (“Tartan & Lolly Shop”, the “Shop”), from which you can purchase non-subscription based items such as books, past Tartan & Lolly boxes and other merchandise and services belonging to Tartan & Lolly.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
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. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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, necessarily, is not current and is provided for your reference only. 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.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services 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 or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
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 Service will be corrected.
SECTION 6 – 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, 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or that have been flagged in our system as potentially fraudulent.
Tartan & Lolly will charge all fees for its Services to the credit card associated with your Tartan & Lolly Account. For Subscription Box Products, any updates to your account (i.e. shipping and billing information/addresses) must be made prior to the first (1st) day of each calendar month for the updated details to apply to the subsequent month. If the credit card information you have provided is incorrect or incomplete, or Tartan & Lolly is unable to complete a transaction due to your error or omission, we will attempt to contact you and inform you of the problem. Failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your order or a particular delivery. If you believe you have purchased a Subscription Box Product or other Tartan & Lolly product in error, please contact us immediately at TartanandLolly@gmail.com.
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 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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 (including social media websites such as Facebook, Instagram etc), by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
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 of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 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 solely 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 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 Service 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 Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, 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 Service 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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 sellerability, sellerable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Tartan & Lolly, 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, 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 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tartan & Lolly 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our 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 of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Canadian province of British Columbia.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – TERMS SPECIFIC TO Tartan & Lolly SUBSCRIPTION BOX PRODUCTS AND CUSTOMER ACCOUNT INFORMATION
(i) CUSTOMER REGISTRATION & ACCOUNT CREATION
Upon checkout you will be required to register with your email address (“Tartan & Lolly User ID”) and select a password to use certain Services. This registration process will result in the generation of your own secure account (“Tartan & Lolly Account”), via which you can make modifications to your subscription(s) such as change payment information, change shipping address(es), cancel your subscription etc. In creation or modification of this account you may not use a name or email of another person with the intent to impersonate that person. You shall provide Tartan & Lolly with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. Tartan & Lolly reserves the right to refuse registration of, or cancel a user account by its own discretion. If you begin to register for Services or purchase a Subscription Box Product by providing your information on the Tartan & Lolly website but do not complete your registration or purchase, we may retain your name and email address and send you an email to remind you to complete your registration or purchase, or to provide you with additional offers or details related to the Services. You can opt-out of receiving these emails by clicking the “unsubscribe” link in the email or by contacting us at TartanandLolly@gmail.com.
(ii) OVERVIEW OF SUBSCRIPTION PRODUCTS
When purchasing subscription products (“Subscription Box Products”) via our Subscription Store please note that you are purchasing an auto-renewing subscription to a Tartan & Lolly Subscription Box Product. The only exception to this is if you purchase a Tartan & Lolly Subscription Box Product as a non-renewing gift (this can be configured at checkout). All renewing subscriptions continue to renew at the end of their term unless cancelled in accordance with the Cancellation Policy (see below). The purchase of a Subscription Box Product constitutes your agreement to receive (or to have a designated third-party receive) monthly shipments of a book and curated items (“Subscription”, “Subscription Box”, “Subscription Box Product”, “Box”, “Boxes”). Subscription Box Products are available to purchase for various durations.
(iii) INITIAL PURCHASE & AUTO-RENEWALS
Initial Order: Your subscription to a Subscription Box Product will begin with the box that is available at the time of purchase. Subscription Box Products are advertised using a seasonal designation and corresponding seasonal theme title (“Theme”). Subscription Box Products typically ship out between the 15th and 20th of their respective advertised month and it is your responsibility at the time of purchase to comprehend which box will begin your subscription. Occasionally the current box on sale is available to buy 45 days (or more) in advance of the shipping date (e.g. a “February box” may become available for purchase on January 5th, but will ship between February 15th-20th). Our website and social media platforms (such as Facebook and Instagram) will indicate which month’s box is available at the time of purchase, and our automatic Welcome and Order Receipt emails provide post-purchase confirmation of same.
Auto-Renewing Subscriptions: After your initial order and (barring shipping delays) receipt of your first Subscription Box Product, you will be automatically re-billed (“Auto-Renewal”, “Auto-Renew”, “Renewal”, “Renew”) on the 1st of the month at the end of your Subscription Term (see below). Tartan & Lolly will continue to ship subsequent monthly Boxes (if paid for via either auto-renewal or as part of a 3 or 6-month Plan) between the 15th-20th of each calendar month, (or the following business day if the projected shipment date constitutes a postal holiday) until your subscription is cancelled. Please note that shipments may be delayed as a result of emergencies, severe weather, vendor issues, natural disasters, or other factors beyond Tartan & Lolly’s reasonable control.
Skipping an Upcoming Auto-Renewal: You can choose to skip an upcoming Renewal (“Skip”) via your Tartan & Lolly Account. When you select to Skip, you delay the Renewal by the length of your current Subscription Term (see below).
(iv) SUBSCRIPTION TERMS
Season-to-Season Subscription Term: If you purchase a Subscription Box Product with a Season-to-Season Subscription Term, you will pay for your first month’s box at the time of purchase. For each subsequent month’s box, your subscription will Auto-Renew (i.e. your payment method will be charged) on the first (1st) of the quarter. If the initial Renewal attempt fails, we will continue to attempt the Renewal daily for a maximum of ten (10) days.
Bi-Annual Subscription Term: If you choose a Bi-Annual Subscription Term, you will pay for the entirety of the plan at the time of purchase. Your subscription will then Auto-Renew, for the same duration as its original term, on the 1st of the month at the end of its Subscription Term.
Annual Subscription Term: If you choose an Annual Subscription Term, you will pay for the entirety of the plan at the time of purchase. Your subscription will then Auto-Renew, for the same duration as its original term, on the 1st of the month at the end of its Subscription Term.
Changes to Subscription Terms: You can make changes and alterations to your Subscription Terms at any time via your Tartan & Lolly Account. These changes will then be implemented on your next Renewal date. For example, if you are currently subscribed to a Season-to-Season Subscription Term, you can at any time, change/upgrade your plan to a Bi-Annual or Annual Subscription Term. No payment will be taken at the time of this change, however on your next Renewal date you will be billed in full for your new Subscription Term. This also works in reverse (e.g. you can ‘downgrade’ from an Annual plan to a Season-to-Seaon plan).
(v) CANCELLATION POLICY
If at any time you wish to stop your subscription from Auto-Renewing, you can cancel your subscription via your Tartan & Lolly Account. Once a subscription is cancelled, you will continue to receive any boxes that are remaining on your plan (i.e. boxes that you have already paid for), but your subscription will no longer Auto-Renew at the end of its Subscription Term. Please note that cancelling a subscription does not prevent the shipment of boxes associated with the subscription, nor does it actuate a refund for the subscription. Concerns regarding any aspect of the cancellation policy should be directed to TartanandLolly@gmail.com.
(vi) RETURN POLICY
Tartan & Lolly does not allow returns of Subscription Box Products or other associated items/products, except as outlined in our Damaged or Missing Items section below. Should Tartan & Lolly choose to honor a return or exchange, as determined at its sole discretion, you will be shipped a replacement item or issued a refund for the affected item. Discretionary refunds will be issued using the original method of payment. Concerns regarding any aspect of the return policy should be directed to TartanandLolly@gmail.com.
(vii) DAMAGED OR MISSING ITEMS
If you receive damaged or missing products/items from Tartan & Lolly, please contact us at TartanandLolly@gmail.com with details of the damaged or missing items. Photographic evidence of damage is required in order to receive replacement items.
SECTION 21 – PROMOTIONAL COUPON CODES
Tartan & Lolly may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the expiry-date published, if provided. Any promotional code may only be used in accordance with the terms provided with that promotional code or on the Tartan & Lolly website. Lost promotional codes cannot be replaced. Promotional codes will not be applied to subsequent automatically renewed transactions. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Tartan & Lolly at any time in its sole discretion.
SECTION 22 – CURRENCY AND TAXATION
All prices associated with Tartan & Lolly’s Services are displayed in U.S. Currency. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all states, only those where we are required to do so, or become required to do so by law in the future.
SECTION 23 – INTERNATIONAL CUSTOMERS: TAXATION AND CUSTOMS DUTIES IMPOSED BY HOME COUNTRY
If you purchase a Tartan & Lolly Subscription Box Product (or any other Tartan & Lolly product) from a country other than the United States, then you (or your designated recipient) agree to be the Importer of Record for any and all shipments you receive from Tartan & Lolly. This may require the payment of any taxes and/or customs duties imposed by and specific to the regulations of your country. If your home-country decides to impose any taxes or customs-duties on your imported Tartan & Lolly product, they may withhold delivery of your product until you have paid these fees. Tartan & Lolly bears no responsibility for any fees that arise through the importation of its goods to any country outside of the United States.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at TartanandLolly@gmail.com. You can also write to us via postal mail at the following address:
Tartan & Lolly Enterprises Inc.
PO Box xxxxx
Norman, OK 73072