This website http://www.treffortshirts.com (the "Site") is available to you free-of-charge. The terms "you", "your", and "yours" refer to anyone visiting or using the Site. The terms "Treffort", "we", "us", and "our" refer to Treffort, its affiliates and subsidiaries. We reserve the right to change this association at any time and to revise these Terms and Conditions as we see fit. Be sure to check these Terms and Conditions from time to time to stay aware of any updates or changes. Changes will not apply to any current or previous orders unless the law requires. If you violate any of our Terms and Conditions your membership will be canceled and could be permanently banned from using the Site. By using the Site after any updates to our Terms and Conditions you thereby accept and agree to those changes, regardless of if you have read them. Please see the bottom of the page for the date these Terms and Conditions were last updated.
By visiting the site, you accept these Terms and Conditions. If you do not agree to these terms, please do not visit the Site.
This Site is operated by Treffort. We are a company incorporated in New York City.
We do not discriminate based on age, race, national origin, gender, sexual orientation or religion.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these all are valid and protected in all forms, media and technologies existing now or in the future. All Content is copyrighted collectively under the U.S. copyright laws. We own a copyright and/or database right in the selection and use of such Content. You may not modify, delete, add to, publish, transmit, sell, plagiarize, or in any way exploit the Content in any way. Unless specifically restricted, you may make copies of selective Content, provided that the copies are only used for personal use and that you maintain any and all copyright notices, trademark legends, or other proprietary rights notices in the Content. Except for the manner listed here or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not in any manner upload or distribute Content protected by copyright, or other proprietary right, without receiving permission from the owner.
Nothing contained on the Site should be construed as giving, in any way, any license or right to use the Site or any of its information, by framing, deep linking or otherwise, except: (a) as explicitly allowed by these Terms and Conditions; or (b) with the prior written permission of Treffort or any third party that may own the trademark or copyright of information displayed on the Site.
Treffort.com and other marks which may or may not be designated on the Site by a "®"‚ "SM"‚ or other similar designation, are registered, pending or unregistered trademarks or service marks of Treffort.com, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks of Treffort.com. Treffort.com's trademarks may not be associated with any product or service that is not Treffort.com's, in any way that may cause confusion among customers, or for any negative efforts against Treffort.com. All trademarks not owned by us that may appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Treffort.com.
You may not download (other than page caching) or change any part of the Site without our explicit, prior written consent. This includes: no resale or commercial use of the Site or its Content; the collection and use of any products, descriptions, or prices; any altering or adapting of the Site or its Content; any downloading or copying of account information for use by or benefit of another merchant; and any use of data gathering and extraction tools. No portion of the Site may be reproduced, copied, sold, visited, or exploited in any way for any commercial purpose without our explicit, prior written consent. You may not utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Treffort.com or its Associates without our explicit, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our explicit, prior written consent.
By using the Site, you claim responsibility for maintaining the confidentiality of the information and password given in "My Account," and for restricting access to your computer. You agree to accept responsibility for all activities performed under "My Account" or password. We reserve the right to refuse service, terminate accounts and to remove or edit any content you may provide in the "My Account" section of the Site.
The U.S. export control laws regulate the export and re-export of technology created in the United States, including the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with it. These links are provided for purposes of convenience and you use them at your own risk. Unless otherwise stated, any outside websites accessed from the Site are independent from Treffort. We do not control the content of these outside websites. In addition, any links to any other websites does not indicate that we endorse the content these other sites.
No reference to any third party or third party product or service means that we approve or endorse that third party, product or service.
Disclaimers and Limitations of Liability
The Site is provided on an "AS IS," "as available" basis. Neither Treffort.com, nor its Associates guarantee that use of the Site will be error-free. Neither Treffort.com, nor its Associates guarantee the accuracy, integrity, or inclusivity of the Content provided on the Site or the products or services offered for sale on it. Treffort.com specifically disclaims both explicitly expressed or implied warranties of any kind, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a specific purpose. No oral advice or written information offered by Treffort.com or its Associates shall create a warranty. You expressly agree that your use of the Site is at your own risk.
Under no circumstances shall Treffort.com or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that may result from the use of or inability to use the Site, including but not limited to a user’s reliance on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or failure of performance of any kind. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of Treffort.com has been advised of or should have prior knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
We do work to maintain the accuracy and completeness of product and third-party service descriptions posted on the Site, but please refer to the manufacturer or Associates for exact details.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for commercial or business use.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, racial, or otherwise offensive material of any kind, including but not limited to any material that is or that encourages fraudulent or criminal activity, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an online review), we may investigate the allegation and determine by our discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) by any legal request; (ii) if such disclosure is necessary for the operation of the Site; or (iii) to protect the rights or property of Treffort.com, its Associates, our users and/or you.
We reserve the right to prohibit conduct or Content that we deem in to be unlawful or harmful to you, the Site, users of the site, or any rights of Treffort.com or any third party. Notwithstanding the foregoing, neither Treffort.com nor its Associates can guarantee prompt removal of such questionable Content immediately. Accordingly, neither Treffort.com, nor its Associates assume any liability for any action or lack thereof with respect to Site conduct, communication, or Content.
Termination of Usage
We reserve the right to terminate or suspend your access to all or part of the Site, without notice, for any conduct that we believe violates of any applicable law, breaches these Terms and Conditions or threatens or harms the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer.
Usage by Minors
This Site is not intended for or catered to minors (persons under the age of 18, depending on your state, territory or country of residence). We cannot prohibit minors from visiting the Site, however, and therefore must rely on parents, guardians and those charged with supervising minors to decide which materials, if any, are appropriate for minors to interact with. By registering with this Site, purchasing products listed on it or providing us with any personal information, you imply that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions). If you are under the legal age of consent, interaction with the Site means that you have permission from a parent or guardian and that the information you provide to us is accurate.
All purchases must be made either (i) by individuals who are not minors and who can legally enter into binding contracts (see typical guidelines above), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
When accessing the Site from anywhere in the United States or Canada, you agree that the laws of the State of New York, USA will govern these Terms and Conditions and conflicts of any kind that may arise between you and Treffort.com and/or its Associates.
When accessing the Site from within the United States or Canada, disputes relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in New York, New York, USA, except that, to the extent you have in any manner violated or threatened to violate Treffort.com's intellectual property rights, Treffort.com may seek injunctive or other appropriate relief in any state or federal court in the State of New York, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification and Severability
Please review our other policies, such as our Returns Policy, Shipping & Delivery Policy and others, all of which are incorporated herein by this reference and posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes as we see fit to the Site, its policies, and these Terms and Conditions. If any conditions are deemed invalid, void, or for any reason unfeasible, that condition shall not affect the validity and enforceability of any remaining condition.
How to Order Through the Site
After placing an order, you will receive an email from us acknowledging that we have received your order ("Order Confirmation"). This is not confirmation that that we have accepted order. Your order is only an offer to us to buy our product. All orders are subject to acceptance by us, and we will confirm such acceptance in an email confirming that your order has been shipped (the "Shipping Confirmation"). This Shipping Confirmation indicates that a contract has been formed between us and you. Even so, please understand that your credit card or method of payment will be charged upon your submission of the order, not our shipment of your order. This contract will only be applicable to those products whose shipment we have confirmed in the Shipping Confirmation. We reserve the right to cancel an order at any time before the Shipping Confirmation is sent to you and we may rescind our acceptance and cancel an order if there has been an obvious error in price or inventory.
Prices and Availability of Products
Product prices and availability on the Site are subject to change without notice. We will correct any errors that we become aware of, but is always possible that errors may occur in the pricing of items on our site. We try to verify prices as when dispatching products. Where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a product's correct price is higher than the price stated on our Site, we will normally either contact you before dispatching the product, or reject your order and notify you of the error. We are under no obligation to sell you the product at the incorrect (lower) price at any point in the purchasing process (even if the Shipping Confirmation has been sent), if the pricing error is obvious.
On occasion, your order may be canceled due to unavailability of a product, even if you have already submitted the order for processing. Products are purchased quickly and inventory can change just as quickly. We reserve to right to cancel your order after you have received an Order Confirmation. On very rare occasions, this issue may occur after a Shipping Confirmation has been sent. In this case, we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to lack of inventory.
The term shipping or ship indicates the shipping of items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately due to size or quantity. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several different parts. In such cases, we aim to ship out individual packages together so that they arrive at the same time; however, when we cannot do that, we will ship individual packages when they become available in order to get your order to you as soon as possible. In these instances, you will be notified of shipment at the shipment of the first portion, but it does not mean that all items in the order have shipped at that time. Separate packages have separate tracking numbers. You can monitor the status of your orders and shipments on the Order Status page.
Risk of Loss
All items purchased from Treffort.com are made pursuant to a shipment contract. This means that the risk of loss and title switch to you upon tender of the item to the carrier.
Your order will be fulfilled by the delivery date stated in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation. In exceptional circumstances (depending on inventory, location, etc.), this might be longer than 30 days.
Disclaimers of Warranty and Limitations of Liability
To international customers only, any product purchased from us through our Site is of good, fit quality and will conform with the description or sample provided on the Site.
Our liability for losses any international customer suffers due to us breaking these Terms and Conditions is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement, meaning they could reasonably be recognized by the parties at the time we accept your order.
We are not responsible for indirect losses which happen because of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
This does not in any way limit or exclude any liability of us (a) under section 2(3) of the Consumer Protection Act 1987, (b) for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; (c) for death or personal injury caused by our negligence or (d) for fraudulent misrepresentation.
Other than the warranties we give you in these Terms and Conditions, Treffort.com specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by Treffort.com shall create a warranty (unless made fraudulently).
By accessing the Site from anywhere other than the United States or Canada, you agree that American law will govern these Terms and Conditions and your purchase of products through the Site. Any dispute that might arise between you and Treffort.com or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of the United States.
These Terms and Conditions were last revised and made effective as of November 17, 2017.