TERMS OF SERVICE
Welcome to the Thacker web site (“the Site,”) (“Thacker,” “we,” “us,” or “our”). Thacker provides this site as a service to its customers. Please read the following terms of service (“Terms”) as they govern your use of our site. These terms are legally binding. Please contact us at email@example.com if you have any questions.
Some parts of the Site and Services may have other terms, guidelines, or rules, and if you use those parts, the additional terms will also apply.
By using this Site, you become a “User” and in doing so agree to follow and be bound by the rules set forth in these Terms and Conditions. If you do not agree to these Terms, please do not use this Site in any way.
Thacker reserves the right to modify these Terms at any time without prior notification. By virtue of the use of the Site by each User is deemed to have agreed to abide by these Terms and Conditions as well as any changes that may be instituted from time to time.
Description of Service
Thacker is an online retailer of apparel, handbags, and accessories. Users may establish an account that permits the purchase of our products (the “Services”). Some promotions may only be available to Users that have previously established an Account.
All of the content that appears on the Thacker web site, including all visuals, text, audio and video clips, designs, illustrations, icons, photographs, etc. are subject to copyright protections and /or other intellectual property rights or licenses held by Thacker. The entire content of the Thacker web site is copyrighted as a collective work under U.S. copyright laws. Thacker grants you a limited license to access and make personal use of the content on this website. Content of the Thacker website is intended solely for the personal, noncommercial use by the users of our Site. All trademarks, service marks, and trade names that appear on the Site and the overall "look and feel" of the Site and Services (collectively the "Marks") are proprietary to Thacker, or the respective owners of such Marks.
Users may not display, reproduce, or otherwise use the content or materials on the Site, including the Marks, without first receiving written consent from us.
In no event shall any User remove or otherwise modify any legal or trademark notices from any content we make available through the Site, Scraping the Site or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Site is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Services, please contact us at: firstname.lastname@example.org.
The use of Thacker.com is free. However, the Services are not available to users under the age of 18 or to members who, at our discretion, have been suspended or removed from the Thacker systems. Persons under 18 years old (a “Minor”) that would like to use our Services are required to do so under the supervision of a parent or legal guardian (who is at least 18 years old), who will be deemed to have agreed to all Terms and Conditions and shall be considered the party responsible for any and all of the Minor’s activity.
When you purchase products from our Site Users will be required to establish an “Account”. Each User with an Account (a “Member”) shall be solely responsible for any activity that is transacted through that Account. To assure the best possible service, Members should provide up to date information that is complete and accurate in all respects as Thacker will not be responsible for any errors or delays that results from it’s the use of information that is either incorrect or outdated.
A Member’s Account should only be used by that Member. Account information should not be shared. Accordingly, each Member is solely responsible for keeping their Account and Account password secure and for any consequence resulting from the failure to do so.
A Member can always delete your Account by emailing us.
Thacker may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.
At Thacker, we are committed to providing our customers with great quality products. Our products are sold online and may only be available in limited quantities or for particular durations. We have made a substantial effort to assure that the display of our items on the Site provide accurate depictions. Nonetheless, variations in style, color, size, shape and look may occur. If you are not satisfied your purchase, please review our Returns & Exchanges section for further assistance.
SITE USE AND LIMITATIONS
You cannot access or use the Thacker website for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although Thacker will not be monitoring the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
Also, you agree that no comments or other user submissions submitted by you to the Thacker website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
Thacker strives to create an interactive relationship with the Site’s Users and Services. User comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Thacker on or by this Site or through our pages on third party sites, such as Instagram, Twitter, Pinterest, Weibo, Google+, and Facebook (cumulatively “User Content”); shall be and remain Thacker property. Users assign all property rights and interests to Thacker allowing our company unlimited use, commercial or otherwise, of any comments. Furthermore, Thacker shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments. By virtue of any such submission Thacker shall have the right to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute User Content in any and all media formats or distribution channels which may include the right for Thacker to use the User Content without compensation and to provide, promote, and improve the Site and Services which right is irrevocable, perpetual, universal, transferable, licensable, or sublicensable.
CORRECTION OF SITE ERRORS
The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies.
PURCHASES AND PAYMENTS
After you have made your purchasing selections and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift card information you may have. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option.
Checking Order Status
After an order has been placed we will send you an email confirmation with tracking information. Feel free to email us at email@example.com Monday through Friday, 10 a.m. to 5 p.m. ET.
CHANGING OR CANCELLING AN ORDER
We will use attempt to process orders quickly. However, that may mean that although we will try our best to accommodate order modifications, we cannot guarantee them. If you would like to change or cancel an order, email us at firstname.lastname@example.org with the subject line "Change/Cancel Order," Monday through Friday, 10 a.m. to 5 p.m. ET.
RISK OF LOSS
The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).
Returns and Exchanges
You have 14 days to return or exchange you order from the day you receive it. Please click here for information on returns and exchanges.
We want to give all our customers an opportunity to buy our products. Therefore, we do not authorize the purchase of commercial quantities of them, and we may place limits on purchases. We may also, among other things, restrict 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. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy and any other parts of our Terms.
By use of this Site, you agree to indemnify and hold Thacker (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these terms of service or any activity related to your account (including negligent or wrongful conduct).
MODIFICATION/TERMINATION OF WEBSITE
Whether or not you establish an Account or if after having done so have you terminate the Account or we suspend or revoke your access to the Site or associated privileges, you are and will still be bound by your obligations under these Terms and Conditions, including the warranties made by you, and by the disclaimers and limitations of liability. Under no circumstance will Thacker be liable to you or any third-party for any termination of your access or privileges.
THIRD PARTY LINKS
To improve our Site, Thacker may use and promote services provided by outside third parties. However, even if the third party is affiliated with Thacker, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THACKER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY THACKER OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, THACKER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THACKER OR ANYONE REPRESENTING THACKER BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR THACKER'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THACKER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No matter where you're located, the laws of the State of New York will govern these Terms and the relationship between you and Thacker as if you signed these Terms in New York, without regard to New York state's conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
These Terms constitute the entire agreement between you and Thacker and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
We take our commitment to customers seriously, and we'll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Thacker 450 W. 31st Street, 3rd Floor, New York, NY 10001, Attn: Customer Service or by email to email@example.com. Please allow 30 days for a response.