Welcome to the Tribeca Living® Sheets, Flannel Sheets, Bedding website (the “Site”) owned and operated by Tribeca Living (“Tribeca Living”, “we,” “us” and/or “our”)! These Terms and Conditions of Use (the “Terms”) describe the rules for using our Site and any associated mobile applications (together, the “Service”). Please read these Terms carefully before using our Service. By accessing any part of the Service, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Service.
Content
The Site and Service contain a variety of: (i) materials and other items relating to Tribeca Living® and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Tribeca Living (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
All of the Content is owned by us, our licensors, or other third parties. The Content constitutes valuable intellectual property that is protected by various intellectual property laws such as copyright, trademark, patent, and/or other proprietary rights and laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site. Your use of the Content and our Service must be for lawful purposes only and comply with applicable law at all times.
Using Our Service
To access certain features and functionalities of our Service and to purchase products, you may be required to create an online account and/or provide certain information about yourself as part of the registration process. You agree to: (i) provide true, accurate, current and complete information about yourself, and (ii) to maintain and promptly update this account information to keep it accurate, current and complete. You are solely responsible for maintaining the confidentiality and security of your account, password and other credentials. It is a condition of your use of the Service that all the information you provide is correct, current and complete. You agree that all information you provide to create an account or otherwise, including but not limited to through the use of any interactive features or downloads, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You may not use our Service: (i) in any way that violates any applicable local, state, national or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries; (ii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Service, or which, as determined by us, may harm Tribeca Living or users of our Service or expose them to liability; (iii) use our Service in any manner that could disable, overburden, damage, or impair our Site or interfere with any other party’s use of our Service, including their ability to engage in real time activities through our Service; (iv) use any robot, spider or other automatic device, process or means to access our Service for any purpose, including monitoring or copying any of the material on our Service; (v) to use any manual process to monitor or copy any of the material on our Service or for any other unauthorized purpose without our prior written consent; (vi) to use any device, software or routine that interferes with the proper working of our Service; (vii) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (viii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Service, the server on which our Service is stored, or any server, computer or database connected to our Service; (ix) attack our Site via a denial-of-service attack or a distributed denial-of-service attack; (x) otherwise attempt to interfere with the proper working of our Service.
Your Account and Ordering
You may need to create an account to shop for products, request services or make reservations on our Site. All orders placed through our Site will require you to provide your name, address for delivery and payment details (including your credit/debit card number and expiration date).
To place an order on our Site, follow the onscreen prompts after you’ve selected your products to begin the checkout process. During checkout you will be able to review your order and make any corrections or changes before submitting your order. All orders are subject to product availability and verification of your order details and payment method. Your order represents an offer to us to purchase the products indicated by you, which we may accept or reject in our sole discretion. we will notify you by email if we have rejected your order for any reason.
By placing an order on our Site, you confirm that:
- You have read, agree with and accept our Terms and Conditions.
- You are of legal age to enter into binding contracts in the relevant jurisdiction and authorized to place the order.
- The billing and delivery information provided by you is correct.
After receiving your order, we will process it and send you a confirmation email with your order number and details of the items you ordered. Please check this confirmation email carefully on receipt and contact us immediately if any information appears incorrect or incomplete. All information that you provide to us must be true, accurate and complete.
Payments and Checkout
When you make a purchase from our Site, you agree to provide payment details at checkout that are complete and accurate. We use third-party payment providers to facilitate payments and collect funds on our behalf. We accept various forms of payment described on our Site during checkout.
By placing your order, you authorize the collection, processing and retention of your transaction and personal information by these providers for the purpose of processing your purchase and completing your transactions. Please refer to the Privacy Policy for how your information will be processed and stored.
If you fail to pay any amount owed by the due date for payment, then we may:
- Suspend and/or terminate your ordering privileges and/or account.
- Take legal action to recover any outstanding amounts owed.
We reserve the right to reject or cancel any order, or otherwise apply additional verification or security measures to any transactions. This may be done for any reason including to monitor for fraud or safety issues, or due to technical issues. If your order is cancelled for any reason before being shipped, we will issue a refund consistent with our Refund Policy below.
You agree to pay all charges at prices quoted and set out at the time you place your order, including all shipping and handling charges, taxes, customs duties or any additional costs incurred by us in shipping the products to you. Prices on our Site are quoted in U.S. dollars.
Shipping and Delivery
When you purchase an item, it will be shipped to you according to the shipping method and address you select during the checkout process.
Please ensure that your address details, including postal code, apartment/unit number, street name and street number, are correctly entered to avoid delays or failed deliveries of your orders. We cannot accept PO Box addresses.
Shipping costs and delivery times vary depending on your selected shipping method. This information is clearly described during checkout when you select your preferred shipping option.
We aim to ship all orders within 5-7 business days after receipt and processing of your order, unless there are exceptional circumstances. We will contact you if we expect any significant delays, however we will not be liable for any losses or damage incurred due to delayed shipments. You will receive a shipment confirmation email when your order is on its way, containing tracking information so you can follow the progress of your parcel.
Please refer to your order confirmation email and our Shipping & Returns page on our Site for more details on shipping methods, costs and delivery timeframes. We do not ship to all locations internationally, however please contact us if you would like to discuss international shipping options.
Title and risk of loss passes to you on delivery of your order. We are not liable for any lost or stolen packages. Please take care when providing our couriers with delivery instructions, as we cannot be held responsible for packages delivered to inaccurate addresses provided.
We partner with established national and regional delivery companies to fulfill orders and ship products to customers. Therefore, shipping delays or exceptions are possible due to unexpected factors that can disrupt logistics networks, such as bad weather conditions, natural disasters, transportation disruptions or security issues. We are unable to accept liability for disrupted or delayed shipments due to such factors, which are outside of our control.
Refunds, Returns and Exchanges
We stand behind the quality and satisfaction of our products. However, if you wish to return or exchange an item purchased on our Site for any reason, please submit a return request within 30 days of receiving your order. Some products such as bedding may be subject to a mandatory 30-day waiting period before being eligible for return to allow time for their use.
To initiate a return, please reach out to our customer service team to obtain a Return Authorization Number. You must return the item in its original condition and packaging along with the Return Authorization Number and your order confirmation to receive a refund or exchange.
Upon receiving your returned item, we will inspect it and process your request. Approved refunds may take up to 7-10 days to appear on your original payment method. We do not accept returns or offer refunds for any personalized or customized items, bundles, special order items, or delicate items such as sale/clearance bedding, except in the case of a manufacturer defect. Bulk returns of more than 3 items purchased together may be subject to a 25% restocking fee at our discretion.
You are responsible for return shipping costs unless the item you received is damaged or defective, or the wrong item was shipped to you. In such cases, we will provide a prepaid return shipping label via email. If we shipped you the incorrect item, you may choose to have the proper item resent to you at no additional shipping cost.
We inspect all returned items prior to processing refunds or exchanges. Any products that are returned used, unwashed, damaged, soiled or missing components may result in denial of a refund or exchange at our discretion. For health and sanitary reasons, all bedding products are subject to mandatory washing requirements prior to return.
Please refer to the Shipping & Returns page on our Site for complete details on our exchanges, refunds and returns processes. We reserve the right to modify our policy or reject refunds/exchanges at any time for any reason permitted by law. If you have any questions about our returns or need help with the process, please contact us.
Disclaimer of Warranties
THE SERVICE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, CONTENT AND PRODUCTS.
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, SAFETY OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT ASSUME LIABILITY FOR ANY PURCHASE OF A PRODUCT THAT DOES NOT MEET YOUR EXPECTATIONS IN TERMS OF QUALITY, VALUE OR CONDITION. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitations of Our Liability
IN NO EVENT WILL Tribeca Living OR ITS OFFICERS, OWNERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, PRINCIPALS, AGENTS, LICENSORS, PARTICIPATING CHARITIES, OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF REVENUES, DATA, PROFITS OR GOODWILL, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES), THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO THE USE OF OR INABILITY TO USE THE SERVICE AND/OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, RELIANCE ON ANY INFORMATION OBTAINED FROM THE SERVICE, RELIANCE ON OUR PRODUCTS AND SERVICES, THE CONDUCT OF ANY USER, YOUR SUBMISSION OF CONTENT OR INFORMATION TO OUR SITE OR THROUGH OUR SERVICE, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION OR THE RIGHTS OF ANY OTHER PARTY, NOR WILL WE BE LIABLE FOR THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE; OR (B) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL.
IN ADDITION, IN NO EVENT WILL we BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY TYPE OF DAMAGES ARISING OR RESULTING IN ANY WAY FROM: (A) ANY ERRORS OR OMISSIONS ON OUR SITE; (B) THE UNAVAILABILITY OR INTERRUPTION OF OUR SITE FOR ANY REASON; (C) THE GOODS OR SERVICES YOU PURCHASE BASED ON ANY CONTENT WE PROVIDE; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATED TO THE GOODS, CONTENT OR YOUR USE OF OUR SITE; (E) ANY THIRD PARTY SITES AND RESOURCES ACCESSED BY LINKS FOUND ON OUR SITE; (F) ANY DEALINGS OR COMMUNICATIONS YOU HAVE WITH ANY OTHER USERS OF OUR SITE OR ANY OTHER THIRD PARTY SITES THAT YOU ACCESS IN CONNECTION WITH OUR SITE; OR (G) ANY INFORMATION THAT IS SENT OR RECEIVED USING OUR SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DATA, TEXT, IMAGES, MESSAGES OR ANY OTHER INFORMATION.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE OR IF ANY LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Dispute Resolution
We hope any disagreements with our Site or Service can be amiably resolved first through our internal complaints process or direct communication with us. In the unlikely event a dispute cannot be resolved directly, we each agree that: (i) before taking a dispute to arbitration or court, we will attempt to resolve it through the mediation process described in subsection (b) below; and (ii) if that fails, rather than litigate in court, we will resolve the dispute through binding arbitration, under subsection (c) below.
(a) Pre-Arbitration Notification & Good Faith Negotiation
Before initiating an arbitration, you and Tribeca Living agree to notify each other by sending a notice (“Notification”) describing the dispute, your respective claims and requested relief. Our Notification must be sent to: Tribeca Living, Attn: Legal Dept, 123 Main St, Anytown, NY 12345. Your Notification to us must be sent by email to [email protected]. If we cannot reach agreement to resolve the issue within 30 days after Notification is received, then either party may initiate arbitration proceedings per the process below.
(b) Mediation
If we cannot reach an informal agreement within 30 days of Notification and the dispute involves less than $10,000, then before submitting a claim to arbitration, you and Tribeca Living agree to mediate the dispute. Mediation is non-binding, but will help each party understand the other’s views and may also help parties reach a voluntary settlement agreement. If mediation does not resolve the dispute, then after participating in the mediation, either party may initiate binding arbitration. Any mediation shall be confidential.
(c) Arbitration and Small Claims Court Option
If we cannot resolve a dispute by Notification, negotiation or mediation, our agreement to arbitrate disputes allows you or Tribeca Living to resolve a dispute simply through arbitration, rather than going to court. Arbitration is less formal than a lawsuit and uses an arbitrator instead of a judge or jury. It allows discovery and handles evidence like in court. It results in a binding decision treated as final by the courts. The party initiating arbitration must follow the rules of the American Arbitration Association (“AAA”) or an established alternative dispute resolution (ADR) administrator mutually agreed upon by you and Tribeca Living. You can learn more about arbitration procedure by reviewing the AAA Consumer Arbitration Rules. You agree the following arbitration terms:
(i) Our dispute will be resolved by a single arbitrator. The arbitrator will be a neutral attorney or retired judge. He or she will be selected using the AAA’s rules or the administrator’s rules. Reasonable discovery will be allowed. The arbitration hearing will be conducted by telephone, online or in writing unless the arbitrator finds good cause to hold an in-person hearing. Any in-person hearing will take place in your hometown area.
(ii) The arbitrator can award the same damages and individual relief available in court. The arbitrator’s decision and award is final and binding, with some limited court review. Under AAA rules, challenging an arbitrator’s award is very limited, meaning the normal grounds for appeal do not apply. Other than for applicable small claims court cases, the arbitrator’s award is the final decision that can be made on claims.
(iii) Any arbitration shall be confidential. Neither you nor Tribeca Living may disclose the existence, content or results of any arbitration or award, except as required by law or to confirm and enforce an award.
(vi) PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES AND COSTS WILL BE GOVERNED BY THE AAA’S RULES, but Tribeca Living will reimburse those amounts for claims totaling less than $10,000 unless the arbitrator finds your claims are frivolous. Likewise, Tribeca Living will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines your claims are frivolous.
(v) Small Claims Option. You and Tribeca Living agree that either party may bring an individual suit in small claims court and that this alternative is intended to be informal and affordable. All small claims court proceedings shall be confidential. Neither you nor Tribeca Living may appeal a small claims court award.
(vi) OPT OUT. You can decline this agreement to arbitrate by emailing Tribeca Living at [email protected] within 30 days of first accepting these Terms, stating your name and intent to decline arbitration. Except for small claims disputes, that option is intended to allow you to resolve disputes in court rather than arbitration. Where applicable law prohibits arbitrating a particular dispute, the mandatory arbitration provisions herein shall not apply to such disputes that you are able to litigate in court.
(vii) Survival. This Dispute Resolution section shall survive any expiration or termination of your relationship with Tribeca Living.
Governing Law
To provide simpler, more efficient arbitration and class waiver standards, you and we both agree that the Federal Arbitration Act and federal arbitration law applies and governs the validity and enforceability of this agreement to arbitrate disputes. State arbitration laws do not apply.
For all other matters, these Terms and any action related thereto shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You consent to the exclusive jurisdiction and venue for all disputes with Tribeca Living in the state and federal courts located in New York, NY.
Indemnification
You agree to defend, indemnify and hold harmless Tribeca Living and our parent company, subsidiaries, affiliates, owners, officers, directors, agents, partners, principals, employees, attorneys and managers (collectively the “Indemnified Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your access to or use of our Service; (ii) your breach of any of these Terms or any applicable law or regulation; (iii) the information or material that you submit, post, transmit or make available through our Service; or (iv) your violation of any rights of another.
You will cooperate as fully as required by us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You will not settle any claim without our prior written approval.
Changes to These Terms
We may modify, replace or update these Terms from time to time. If we make material changes, we will notify you by email or on our Site that the Terms have been updated and indicate at the top when they were last updated. We recommend you review the most current version of the Terms regularly.
Updated Terms will become effective upon posting or notification and apply to your access and use of our Service from that point forward. If you continue to use our Service after updated Terms are in effect, then you agree to the updated Terms. However, any disputes arising prior to the Terms update shall be governed by the Terms in effect at the time the dispute arose until the dispute is resolved.
Additional Policies
Our Privacy Policy also applies to your use of our Service and is incorporated by reference into these Terms. By using our Service, you also agree to our Shipping & Returns policy and Community Usage Rules posted on our Site.
General Provisions
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. The section titles in these Terms are solely used for convenience and have no legal or contractual effect.
These Terms do not confer any third party beneficiary rights. These Terms along with the Privacy Policy and any additional terms posted on our Site represents the entire agreement between you and Tribeca Living with respect to use of our Service.
We may fully or partially waive any provision of these Terms or fail to insist on your strict performance of any provision at any time without any notice or liability to you or any third party. Any waiver shall not waive or affect our future rights to enforce a provision after any continued or subsequent default.
We may assign our rights and duties under these Terms to any party, without notice to you. You may not assign or sublicense these Terms or any of your rights or duties, and any attempt to do so is void.
These Terms and your use of our Service are not intended to confer and do not confer any rights or remedies upon any person other than you and Tribeca Living. Our Service is intended for access and use only by individuals at least 18 years old or older. By accessing or using our Service, you warrant that you are at least 18 years old and have reached the age of majority where you live.
Thank you for reading our Terms of Use! Please contact us with any questions.