Terms and Conditions
Thank you for visiting theFinds.com. Please take the time to review our terms and conditions. Using theFinds.com site constitutes your agreement to these terms and conditions. If you do not agree with these Terms and Conditions, you may not access or use this site.
We reserve the right to revise these terms and conditions in our discretion. All changes will be posted immediately in this section. Your use of the website following these changes indicates your agreement to accept and be bound by them.
- The services are available only to Members who are 18 years and older, who have properly registered and who have not been suspended or removed as members for violation of these Terms and Conditions (a "Member"). By registering as a Member you represent that you are at least 18 years of age. Membership is available only to users who have provided the information required by our registration form. You agree to provide accurate, current, and complete information about yourself as requested in our registration form. theFinds reserves the right to revoke your membership for any violation of these Terms and Conditions .
Site Content and Ownership
- All materials, including images, illustrations, designs, icons, photographs, video clips, written and other materials that appear as part of the site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by theFinds. The site and all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries.
- The Contents of the site and the site as a whole are intended solely for use by the users of the site for purchase of goods from theFinds. You do not acquire ownership rights to any Content viewed through this site. Unless otherwise stated by theFinds or provided herein , none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
- Permission is hereby granted to the extent necessary to lawfully access and use this site and to display, download, or print portions of this site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; (iii) you only use the Content for the purposes provided herein; and (iv) you do not copy or post the Content on any network computer or broadcast the Content in any media.
- theFinds offers flexible returns policy to make your online shopping experience even easier. However, we monitor the number of returns made and may, in our sole discretion, refuse to accept orders at our discretion from certain customers if we find goods are returned more frequently than the typical rate we have experienced by other customers.
- To use some of the services or features made available to you on this site, you will need to register. When you register you are required to provide information about yourself that is true, accurate, current and complete in all respects. We may also change registration requirements from time to time.
- The account password you provide should be unique and kept secure, and you must notify theFinds immediately of any breach of security or unauthorized use of your account.
- Payment can be made by Visa, MasterCard, American Express, Maestro and JCB cards and any other methods which may be clearly advertised on theFinds from time to time. Payment will be debited and cleared from your account upon acceptance of your order by theFinds. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to theFinds will not proceed to process your order until payment is made by another method provided by you.
- We take reasonable care to make theFinds secure. All credit/debit card transactions on this site are processed using Authorize.net, a secure online payment gateway that encrypts your card details in a secure host environment. Furthermore, we will take reasonable careto keep the details of your order and payment secure, but in the absence of gross negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from theFinds.
Risk of Loss
- The items purchased through theFinds are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
- If you have specified a third party for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by theFinds and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
- We strive to ship all orders within 48 hours. Delivery times appearing on theFinds are estimates and are to be used as a guide only, and commence from the date of shipping. , We expect to deliver the goods to you within 7 days of the day on which we accept your order. theFinds is not responsible for any delays caused by destination customs clearance processes.
- If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. If there is a substantial delay, exceeding 14 days, you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
We have made every effort to accurately display the colors of our products that appear on theFinds. However, as computer monitors and lighting conditions vary, we cannot guarantee that your monitor's display of any color of an item will be accurately depicted.
Eligibility to purchase
- By making an offer to purchase merchandise, you expressly authorize us to perform credit checks and where theFinds feels necessary to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
- Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
- theFinds offers products for sale that are in stock and available for dispatch from our distribution center. All orders are sold on a first come, first serve basis and are subject to acceptance and availability.
- Please note that items in your shopping basket are not reserved and may be purchased by other customers at any time prior to your checking out on the site.
Intellectual Property Rights
- Your use of theFinds and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including theFinds Software and all HTML and other code contained in this site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on theFinds are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by theFinds and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
- In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. theFinds tries to ensure that the information on this site is accurate and complete. theFinds does not promise that its Content is error-free or that the functioning of the site or theFinds's Content will be error free.
- The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views or opinions of theFinds.
- You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and theFinds as a result of the Terms of Sale or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of theFinds, and we shall not be liable for any representation, act, or omission on your part.
- Our failure to act in response to any breach of the Terms of Sale or of these Terms and Conditions shall not constitute a waiver or restrict our right to act to enforce our rights for any subsequent breach.
- The Terms of Sale and these Terms and Conditions are governed by and construed in accordance with the laws of the State of New York laws and the courts of said State shall have exclusive jurisdiction over any action to enforce or adjudicate their terms.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL theFinds, ANY PARENT COMPANY, SUBSIDIARY DIVISION, OR AFFILIATE OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUCCESSORS, BE LIABLE TO ANY USER OF THE SITE FOR ANY, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY theFinds, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, IN NO EVENT SHALL SAID LIABILITY, EXCEED THE AMOUNT YOU PAID TO theFinds IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL theFinds, HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF theFinds. YOU HEREBY ACKNOWLEDGE THAT THE PRECEDING PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, PRODUCTS, SERVICES AND EXPERIENCES AVAILABLE THROUGH THE SERVICES.
Arbitration; Waiver Of Jury Trial and Class Action Proceedings
YOU ALSO AGREE AND ACKNOWLEDGE THAT YOU MAY BRING CLAIMS IN ARBITRATION ONLY, AND IN YOUR INDIVIDUAL CAPACITY, AND ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, AND IN SO DOING YOU ARE WAIVING THE RIGHTS: TO A TRIAL BY JURY; TO BRING CLAIMS IN A COURT OF LAW; TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. HOWEVER, theFinds WILL NOT INVOKE ITS RIGHT TO ARBITRATE ANY INDIVIDUAL CLAIM THAT YOU BRING IN SMALL CLAIMS COURT, AS LONG AS IT IS BROUGHT AND MAINTAINED AS AN INDIVIDUAL CLAIM AND IS BROUGHT IN A COURT IN THE NEW YORK CITY METROPOLITAN AREA.
- Either party may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Commercial Arbitration Rules and Supplemental Procedures for Consumer-Related Disputes in effect on the date the arbitration is filed ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. Any arbitration hearing that you attend will be held at a location in the New York City Metropolitan Area and chosen by the AAA , or at some other place to which you and theFinds agree in writing. A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the AAA rules. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. The payment of administrative and arbitrator's fees will be governed by the AAA's rules. Unless your claim is valued at more than $25,000, theFinds waives the right to recover an award of attorney's fees and expenses against you. The arbitrator's award is final and binding on the parties. Any Claim you have must be commenced within one (1) year after the Claim arises.
- We make no representation that information available in connection with the Services is appropriate or available for use outside the United States. Those who choose to access the Services from outside the United States do so at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.