Terms of use

We  welcome you to our website. These terms of use are applicable when you access and utilize this Website, our mobile applications, or make orders through social media applications, collectively referred to as the “Service.” The following programs are included within our Service, and you can find their respective Terms & Conditions here:

The objective of our Service is to grant access to our extensive array of brand name fragrances, skincare, haircare, candles, as well as provide information and creative ideas to a broad audience. To ensure a secure and enjoyable environment for all our users, we have established these Terms of Use. This way, you will have clarity on what you can expect from us and what we, in turn, anticipate from you. Please note that to use, subscribe, or register as a member, you must be at least 18 years old and of the legal age of majority in your place of residence.

IT IS IMPORTANT TO UNDERSTAND THAT THESE TERMS OF USE ARE EQUALLY APPLICABLE TO ALL OUTLETS THROUGH WHICH THE COMPANY AND ITS AFFILIATES CONDUCT BUSINESS, INCLUDING BUT NOT LIMITED TO THE INTERNET, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, SOCIAL MEDIA, AND PARTICIPATING RETAIL STORES. BY ACCESSING ANY OF THE COMPANY’S BUSINESS CHANNELS AND ANY SECTIONS OF THE SERVICE, YOU ARE LEGALLY BOUND BY AND COMMIT TO COMPLYING WITH THESE TERMS OF USE.

Ownership, Trademarks and Patents

Our Website and the Service are managed by Excellershop, Inc., doing business as Excellershop.com, with its headquarters located at Excellershop, PO box 6552, SOMERSET, NJ 08875 (referred to as the “Company”). When we mention “Affiliates,” we mean individuals or entities that the Company directly or indirectly oversees, is controlled by, or shares common control with. It’s important to note that this Website may be subject to one or more patents. Furthermore, all other trademarks, product names, company names, and logos from third parties that appear on the Service are the exclusive property of their respective owners.

Ordering & Shipping:

For information on ordering via this Website, click [here]. For shipping information, click here.

Returns & Cancellations:

For our returns and cancellations policy for orders via this Website, click here.

Disclaimers and Limitation of Liability

UNLESS OTHERWISE SPECIFICALLY INDICATED OTHERWISE HEREIN, AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. NEITHER THE COMPANY NOR ITS AFFILIATES, INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS (“PROVIDERS”), MERCHANTS (“MERCHANTS”), SPONSORS (“SPONSORS”), LICENSORS (“LICENSORS”), OR SIMILAR ENTITIES (COLLECTIVELY, “ASSOCIATES”), MAKE ANY GUARANTEES THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS. NEITHER DO THEY PROVIDE WARRANTIES REGARDING THE OUTCOMES THAT MAY RESULT FROM USING THE SERVICE OR REGARDING THE ACCURACY, DEPENDABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS MADE AVAILABLE THROUGH THE SERVICE.

THE SERVICE IS OFFERED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONIC COMMUNICATIONS FROM THE COMPANY OR ITS AFFILIATES, INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR SIMILAR ENTITIES, SHALL CREATE ANY FORM OF WARRANTY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING, DISTRIBUTING, MARKETING, OR SELLING THE SERVICE, ITS PRODUCTS, SERVICES, OR THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES BUT IS NOT LIMITED TO LOST PROFITS ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE. SUCH DAMAGES MAY RESULT FROM RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THESE DAMAGES MAY OCCUR WHETHER OR NOT THEY RESULT FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS, OR SERVICES.

UNLESS SPECIFICALLY INDICATED OTHERWISE HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL PRICES AND DISCOUNTS FOR ANY PRODUCTS OR SERVICES OFFERED FOR SALE (“OFFERS”) ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES AND FEDERAL, STATE, AND LOCAL TAXES. PRODUCT OFFERINGS MAY VARY AND ARE SUBJECT TO AVAILABILITY, DELIVERY TERMS, AND SCHEDULES. OFFERS CANNOT BE COMBINED, MAY NOT BE AVAILABLE FOR ALL PRODUCTS AND SERVICES, AND MAY BE SUBJECT TO RESTRICTIONS, LIMITATIONS, AND BLACKOUT PERIODS. PROMOTIONAL OFFERS (AS DEFINED BELOW) ARE LIMITED TO ONE PER CUSTOMER ORDER, NON-TRANSFERABLE, NOT FOR RESALE, AND NOT REDEEMABLE FOR CASH. PRICES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.

THE COMPANY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DECLINE ACCEPTANCE AND PROCESSING OF ANY CUSTOMER ORDERS AND TO SUSPEND, DISCONTINUE, OR REJECT THE USE OR ACCEPTANCE OF ANY AND ALL OFFERS, PROMOTIONS, DISCOUNTS, INCLUDING BUT NOT LIMITED TO SAVINGS PASSES, REWARD PASSES, FRESH REWARDS, POINTS, AWARD CARDS, APPRECIATION AWARDS, GIFT CARDS, GIFT CERTIFICATES, PASSPORT MEMBER BENEFITS, AND ANY OTHER SIMILAR DEVICES AND PROMOTIONAL OFFERS OR CAMPAIGNS (“PROMOTIONAL OFFERS”) IN CASE OF ADVERTISING ERRORS AND/OR ACTUAL OR SUSPECTED MISUSE, FRAUD, OR ABUSE RELATED TO SAID PROMOTIONAL OFFERS OR CUSTOMER ORDERS.

PLEASE BE AWARE THAT THIS SECTION IS APPLICABLE TO ALL PRODUCTS, SERVICES, AND CONTENT AVAILABLE THROUGH ALL PROMOTIONAL CHANNELS OF THE COMPANY’S SERVICES AND THOSE OF ITS AFFILIATES. THIS INCLUDES BUT IS NOT LIMITED TO THE INTERNET, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICES, SOCIAL MEDIA PLATFORMS, AND PARTICIPATING RETAIL STORES. KEEP IN MIND THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH CASES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Third Party Service Providers

Certain elements of the Service may rely on third-party service providers, such as wireless carriers or social media platforms. It’s important to note that we have no control over these third-party service providers and cannot be held responsible for their actions or failures to act. Furthermore, these third-party service providers may have their own terms, policies, and guidelines in place. We strongly recommend that you acquaint yourself with all of these terms, policies, or guidelines before using the Service through any such third-party service provider.

Content

Proprietary Rights

You acknowledge that the Service comprises information, data, software, photos,  videos, fonts, graphics, music, sounds, and other materials (collectively referred to as “Content”) that are safeguarded by copyrights, trademarks, or other proprietary rights. These rights are valid and safeguarded in all current and future forms, media, and technologies. All Content is copyrighted as a combined work under U.S. copyright laws, and the Company, its Affiliates, or other third-party licensors may possess copyrights in the selection, organization, arrangement, and enhancement of said Content.

You are prohibited from altering, deleting, augmenting, adding to, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, or in any way exploiting any portion of the Content, whether in whole or in part. Unless specific restrictions are explicitly presented, you may use the Content solely for your personal, non-commercial purposes and create copies of certain sections of the Content, provided that these copies are intended exclusively for your personal use and that you maintain all notices included within the Content, such as copyright notices, trademark identifiers, or other proprietary rights notifications.

Except as stipulated in the preceding statement or as allowed by the fair use provisions under U.S. copyright laws (as exemplified in 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute Content protected by copyright or other proprietary rights without obtaining permission from the copyright owner or the holder of other proprietary rights. Furthermore, the use of any software Content will be regulated by the software license agreement accompanying that specific software.

Third party content on website

The Company functions as a distributor, not a publisher, of the Content provided by third parties on the Service. Any viewpoints, guidance, statements, services, offers, or additional information forming part of the Content that is expressed or made accessible by third parties, including Providers, Merchants, Sponsors, Licensors, or any Service user, are the viewpoints of the respective authors or providers and not those of the Company, its Affiliates, or any of its executives, directors, employees, or agents. NEITHER THE COMPANY NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EXECUTIVES, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY THIRD PARTY, INCLUDING ANY PROVIDER, MERCHANT, SPONSOR, LICENSOR, OR ANY OTHER SERVICE USER, WARRANTS THE ACCURACY, COMPLETENESS, OR UTILITY OF ANY CONTENT, NOR ITS SUITABILITY OR APPLICABILITY FOR ANY SPECIFIC PURPOSE.

In numerous cases, the Content accessible via the Service reflects the viewpoints and judgments of the corresponding Provider, Merchant, Sponsor, Licensor, subscriber, customer, or user, whether or not they are under contract with the Company. The Company neither endorses nor takes responsibility for the accuracy or reliability of any viewpoint, advice, submission, post, or statement made on the Service by anyone other than authorized Company personnel. In no situation shall the Company, its Affiliates, or any of their respective executives, directors, employees, or agents, be held responsible for any losses or damages resulting from your reliance on any Content or other information obtained through the Service. It is your responsibility to assess the information, viewpoints, advice, or other Content available on the Service.

Copyright Agent

The Company upholds the rights of all copyright owners and has implemented a policy to address situations where users violate the rights of copyright owners. In such cases, user privileges and memberships may be terminated. If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide the Company’s designated Copyright Agent (identified below) with the information required under the Digital Millennium Copyright Act, 17 U.S.C. 512:

• A physical or electronic signature of an individual authorized to represent 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 location are covered by a single notification, a representative list of those works at that location.
• Identification of the material that is alleged to be infringing or the subject of infringing activity, and information reasonably sufficient for us to locate the material.
• Information reasonably sufficient for us to contact the complaining party.
• A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• 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 Company’s designated Copyright Agent for receiving claims of copyright infringement related to this site can be contacted as follows:

Excellershop,
PO box 6552
SOMERSET 
NJ 08875

Phone: +1 334 2075717

Email : sales@excellershop.com

User Submissions

The Company does not assert ownership over any Content you submit or provide for inclusion on the Service. Nevertheless, concerning all such Content, which includes but is not limited to creative concepts, recommendations, content, posts, artwork, materials, or other submissions, whether conveyed via email, feedback, a public forum, or any other means (collectively referred to as “User Submissions”), you grant the Company and its Affiliates an international, perpetual, royalty-free, irrevocable, non-exclusive right to utilize, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from, and exploit such User Submissions in any manner. This includes usage on the Service or any other websites, in television programs, on the radio, in books, magazines, articles, commentaries, and in any other medium, whether known now or developed later, without requiring your consent. Additionally, you affirm that you own or otherwise control all the rights to any User Submissions you submit or post on or transmit to the Company, and that our public posting and other public or private use of these User Submissions will not infringe on the rights of any third party. You acknowledge that you are not entitled, now or in the future, to any compensation for any User Submissions you may submit or post.

No User Submissions, regardless of their labeling, will be treated by us as confidential, and they shall not be subject to any explicit or implied obligation of confidentiality. Neither the Company nor its Affiliates, nor their respective officers, directors, agents, or employees shall be held responsible for any use or disclosure of User Submissions.

Moreover, except as expressly stated otherwise herein and to the fullest extent allowed by law, you, as well as your successors and assigns, hereby waive any and all rights and remedies you may have against the Company, its Affiliates, or any of their respective officers, directors, employees, or agents, both now and in the future. You also release the Company, its Affiliates, and any of their respective officers, directors, agents, and employees from any and all claims, demands, actions, causes of action, damages, obligations, losses, and expenses of any kind relating to the submission, posting, transmission, or provision of User Submissions to the Company, or the Company’s receipt, assessment, and utilization of User Submissions.

Furthermore, the Company reserves the right, in its sole discretion and without prior notice to you, to suspend or terminate any public forum, any other segment of the Service, or the subscription or registration of any user who violates any of these terms and conditions of use, any rules, regulations, or guidelines, or for any other behavior that the Company, in its sole discretion, deems to be in violation of these Terms of Use.

Use of Public Forums

A “public forum” encompasses any publicly accessible message board, chat room, discussion group, folder, survey, contest, sweepstakes, user review and rating platform, or any other interactive service or promotion accessible via the Service. This includes both public boards and folders. To participate or contribute to any public forum, you must adhere to the instructions provided on the Service for using, subscribing, or registering.

You are prohibited from submitting or posting on any public forum, or sending to any other public forum user or our employees, any material that is illegal, harmful, threatening, abusive, harassing, defamatory, invasive of someone’s privacy, infringing upon intellectual property or other rights, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable. This includes but is not limited to material that encourages behavior constituting a criminal offense, potential civil liability, or any violation of applicable local, state, national, or international laws. You also agree not to use false email addresses, impersonate any individual or entity, or mislead others about the source of communication or other Content, or attempt to do so. Commercial use of any public forum is not allowed. You may not submit or post materials soliciting funds or advertising or soliciting goods or services. Additionally, you may not submit or post any User Submissions or material that you know, or should reasonably have known, to be false. Messages related to stocks or other securities are also not permitted. Furthermore, you may not submit, post, or transmit any information, software, or other material that contains viruses or other harmful components.

The Company does not assume responsibility for any User Submissions or material appearing in any public forum on the Service, except for Content created by one of our explicitly identified authorized representatives. We do not pre-screen User Submissions for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or any other reason. However, we do retain the rights outlined in The Company’s Rights section below.

Company’s Rights

The Company does not bear responsibility for screening, policing, editing, or monitoring Content, including User Submissions. The Company, and its Affiliates, may choose to monitor certain areas of the Service electronically or through other means, but they are not obliged to do so. They may also disclose any Content, records, electronic communications, or information you provide to the Company or its Affiliates, whether through the Service or other channels, including all merchandising channels, under the following circumstances:

1. When the Company believes that disclosure is necessary to comply with any law, regulation, government or law enforcement request, or judicial process.
2. When such disclosure is deemed necessary or appropriate to operate the Service and/or the overall business of the Company and its Affiliates.
3. To protect the rights or property of the Company, users of the Service, Affiliates, subscribers, customers, recipients, Sponsors, Providers, Licensors, or Merchants.

With respect to the “Copyright Agent” provisions mentioned earlier, if the Company is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, it may conduct an investigation and, at its sole discretion, decide whether to remove or request the removal of such Content from the Service.

The Company retains the right to prohibit or remove conduct, communication, or Content, including User Submissions, that it deems, in its sole discretion, to be detrimental to users of the Service, subscribers, customers, recipients, Providers, Merchants, Sponsors, or Licensors, content or service providers, the Company, its Affiliates, or the rights of the Company or any third party, or that violates any applicable law. However, it’s important to note that neither the Company nor its Affiliates, Providers, Merchants, Sponsors, or Licensors can guarantee immediate editing or removal of questionable Content after it has been posted online. Therefore, neither the Company nor its Affiliates, nor any of their respective officers, directors, employees, agents, or employees, nor any Provider, Merchant, Sponsor, or Licensor shall be held liable for any action or inaction with respect to conduct, communication, or Content, including User Submissions, on the Service.

Online Conduct

Any behavior on your part that, in the sole discretion of the Company, hampers or limits another user’s ability to use or enjoy the Service will not be tolerated. You commit to using the Service in accordance with these Terms of Use and solely for legal purposes.

You also agree not to employ the Service for sending unsolicited advertisements, promotional materials, or any other types of solicitations to other users, except in cases where there are specific areas, if any, expressly designated for such purposes. The provisions outlined in these Terms of Use serve the interests of the Company, its Affiliates, as well as the Service Providers, Merchants, Sponsors, and Licensors. Each of these entities has the right to assert and enforce these provisions directly against any violator, independently and on their own behalf.

Privacy Policy

We acknowledge the significance of safeguarding the privacy of our users, customers, and subscribers, and we have accordingly formulated a privacy policy. This privacy policy is an integral component of these Terms of Use. In our Privacy Policy, we elaborate on the reasons behind collecting information from users, customers, and subscribers, specify the type of information we collect, outline the methods of information collection, clarify the purposes for which we utilize the information, and explain how you can guide us if you wish to restrict the use of your information. We strongly urge you to thoroughly review our Privacy Policy.

Promotion Offers

Occasionally, the Company provides Promotional Offers using various names to our customers, members, visitors, and users. In addition to the terms and conditions outlined in the Terms of Use, these Promotional Offers might be governed by their own distinct and supplementary terms and conditions, which can be found on marketing materials and the website. We strongly recommend that you carefully read and comprehend all the terms and conditions associated with these Promotional Offers before making any purchases of the products or services offered in conjunction with these Promotional Offers.

Raffles

Please be aware that we collect raffle participants’ contact details to distribute gifts to the winners and update raffle participants about future promotions. By participating in our Raffle programs, you agree to share this information with us and to receive promotional materials. If you wish to avoid receiving information about our promotions in the future, you can unsubscribe from our mailing list by sending an email to sales@excellershop.com. Rest assured, we will not share any of your information with a third party, except with our delivery agents solely for the purpose of package delivery or if required by an authorized legal/government entity.

If you win one of our Raffles, we will request the ‘Winning Numbers’ you received at the time of Raffle entry. Additionally, we will ask you to provide a photo of yourself, along with written consent to use it for our promotions. Once you provide the correct “Winning Numbers,” your photo, and the aforementioned consent, we will deliver the gift(s) you have won.

Indemnity

Unless otherwise stated to the contrary in these terms, and to the fullest extent permissible by law, you agree to indemnify, defend, and hold harmless the Company, its Affiliates, and any of their respective officers, directors, agents, or employees from any and all liability, claims, costs, and expenses, including but not limited to reasonable legal fees and expenses, brought by any third party alleging, arising from, related to, or resulting from:

1. Your use of the Service, including any use by a third party using your account, whether it constitutes a violation or breach of the Terms of Use.
2. Your User Submissions.
3. Your violation of any applicable law, rule, or regulation.

Termination of Usage

The Company reserves the right to terminate or suspend your access to all or a portion of the Service, without prior notice, for any reason it deems fit. This includes situations where the Company, at its sole discretion, believes there has been a violation or breach of these Terms of Use, a breach of any applicable law, or conduct that is detrimental to the interests of another user, customer, recipient, subscriber, a third-party Provider, Merchant, Sponsor, Licensor, content or service provider, the Company, or its Affiliates.

Severability

If any term or provision of these Terms of Use is deemed invalid, illegal, or unenforceable by a final court ruling of competent jurisdiction, or if it is deemed incapable of being enforced due to any rule of law or public policy, all other terms, conditions, and provisions of these Terms of Use shall remain fully valid and effective to the maximum extent allowed by law. In the event that such a determination is made regarding any term or provision, the court shall make modifications only to the affected term, condition, or provision to achieve the original intent of the parties as closely as possible. This is done to ensure that the intended transactions are carried out, and that the Company and its Affiliates are protected to the greatest extent permitted by law.

Governing Law, Waiver of Jury Trial & Arbitration

The Service is operated by the Company from its offices located within the United States of America. The Company does not assert that this Service or its Content is suitable or available for use in other locations, and accessing them from territories where the Content may be deemed illegal is prohibited. Individuals and entities who choose to access this Service from other locations do so at their own discretion and are responsible for complying with the relevant local laws.

You agree that any and all claims, disputes, controversies, actions, or proceedings arising from or related to the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use, or sale of any products and services offered by the Company and its Affiliates through various merchandising channels, including the internet, this Service, telephone, catalog, radio, television, mobile devices, and participating retail stores, as well as the Content (collectively referred to as “Claims”), shall be governed by the internal substantive laws of the State of New York, regardless of any conflict of laws principles. Furthermore, you agree that all Claims shall be exclusively resolved through final and binding arbitration, administered by the American Arbitration Association (“AAA”), or through a state small claims court with jurisdiction over the Claim and the parties.

You agree to the following terms regarding arbitration:

(i) The arbitration will be conducted by a single arbitrator in accordance with the applicable Rules and Procedures established by the AAA.
(ii) The arbitration may be conducted remotely, telephonically, or at a location designated by the AAA as per its Rules and Procedures.
(iii) The arbitrator’s authority is limited to awarding actual direct damages, without the power to impose fines, penalties, punitive damages, or equitable relief.
(iv) With the exception of subpart (vi) below, you waive the right to pursue your Claim in court and the right to a jury trial.
(v) Your Claim will be arbitrated on an individual basis, and you may not participate in a representative capacity or as part of any class of claimants in relation to any arbitration-eligible Claim. The arbitrator cannot consolidate or join the claims of other individuals or parties in a similar situation and can only address claims and issue awards between you and the Company and its Affiliates.
(vi) You have the option to file your Claim in a state small claims court with jurisdiction over the Claim and the parties.

If any portion of this arbitration provision is deemed invalid, unenforceable, illegal, or conflicts with the AAA’s Rules and Procedures, that part shall be removed, and the remainder of this arbitration provision will remain in effect and be interpreted accordingly. For further information about the AAA and its Rules and Procedures, you can visit the AAA website at www.adr.org .

Legal Notice for New Jersey Customers

Under the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”), as outlined in N.J.S.A. 56:12-14 et seq., consumers in New Jersey cannot be presented with any written contract containing provisions that infringe upon established legal rights of consumers or the responsibilities of sellers, as established by state or federal law. To make this explicit, no provision within these Terms shall be enforceable against any consumer in New Jersey if the provision contravenes any such clearly established legal right or responsibility. This includes, but is not limited to, situations where there may be grounds for recourse in cases of:

(i) Tortious actions by the seller (e.g., negligence, failure to meet a basic standard of care, failure to avoid creating an unreasonable risk of harm).
(ii) The New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the legal obligation to refrain from manufacturing and selling hazardous products, with the potential for punitive damages for violations).
(iii) The New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory entitlement to pursue punitive damages when harm results from actual malice, wanton and willful disregard, or reckless indifference).
(iv) The New Jersey Uniform Commercial Code (i.e., a comprehensive statutory framework governing the rights and responsibilities of buyers and sellers concerning contracts for the sale of goods, including the possibility of damages for economic and property harm).
(v) The seller’s failure to reasonably safeguard against harm stemming from specific criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A. 56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.).

Furthermore, according to the TCCWNA, no consumer contract can state that any of its provisions may be void, unenforceable, or inapplicable in certain jurisdictions without specifying which provisions are or are not void, unenforceable, or inapplicable in New Jersey.

With respect to these Terms, in the section pertaining to Limitations of Liability, the provision regarding the exclusion or limitation of certain damages does not apply in New Jersey concerning punitive damages, loss of data, and loss of or damage to property.

Acknowledgement and Charges

This Agreement constitutes the complete agreement governing your relationship with the Company, and it overrides any prior statements or representations. By accessing any areas of the Service or using the telephone, catalog, radio, television, mobile device, and participating retail stores, YOU CONSENT TO BE BOUND BY THESE TERMS OF USE.

We retain the right to modify the Terms of Use at any time. If we enact any changes to the Terms of Use, we will publish those changes on this page or any other suitable page, and they will become effective either 1) on the date specified by the Company, if any, or 2) upon posting. By accessing the Service following any modifications to the Terms of Use and their posting on the Service, you agree to be legally bound by and comply with the revised terms.