Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE, YOU ARE UNCONDITIONALLY AND IRREVOCABLY AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU ARE FREE TO CHOOSE NOT TO USE THIS WEBSITE.
Product Specifications and Availability
Tolt Yarn and Wool will always exercise all reasonable efforts to provide you with the most complete and accurate information about the products offered for sale through our website, www.toltyarnandwool.com (the “Website”). However, pricing, specifications and availability of products, and other information published on the Website are subject to change without notice and display of any product on the Website does not a promise or warranty that such product is available. If an item is determined to be out of stock, or otherwise not available, after you have placed your order, we will notify via the email address provided in your online order. We will also attempt to contact you by telephone if you have provided us with your number so that you can amend your order with respect to the unavailable item. If we do not reach you by the end of the second (2nd) business day following placement of your order, we will remove the unavailable item from your order and process the remainder of your order, if any. If all of the items on your order are unavailable, your order will be deemed canceled at that time. Subject to the foregoing, once placed by you on the Website, your order is final. We will send you an email confirm that your order is ready to ship.
Please note that, when viewing products on the Website, the colors that you actually see on your screen may vary from the colors of available products due to your computer settings and variation in the products. Therefore, we cannot guarantee the color you see on screen is an accurate depiction of the product you will receive.
Use this Website at your own risk. All of the information, products, and services provided on, or through, this Website are provided AS-IS and without any warranty, express or implied, whatsoever, including, without limitation, warranties of fitness for a particular purpose, merchantability, or non-infringement, except to the extent such exclusion of warranty is prohibited by applicable law.
Limitation of Liability
Neither Tolt Yarn and Wool, nor any of its affiliates assumes any responsibility, or will be liable, and you agree to hold them harmless from and against, any costs, expenses (including attorneys’ fees), damages, whether direct, indirect, consequential (including, without limitation, for lost profits, lost data, or business interruption), or punitive, caused to any computer, telecommunications equipment, or other property, arising, directly or indirectly, from the use of this Website by you or anyone else. In the event of any dispute between you and Tolt Yarn and Wool, or any of its affiliates, arising from this Website, your sole remedy will be to cease using this Website. In the event of any dispute arising from the products or services purchased through this Website, your sole remedy, if any, will be through the manufacturer or to return such product or service, and receive a refund, pursuant to the terms and conditions set forth below.
All sales through this Website are final and shall not be subject to return or refund, except that (1) unused yarn in its original condition may be exchanged within sixty (60) days after purchase; and (2) Padraig Cottage Slippers may be exchanged within thirty (30) days of purchase with absolutely no wear and in the original, undamaged, packaging. All permitted refunds shall be in the form of a credit to the original card used for purchase. Such credit shall be posted once Tolt Yarn and Wool has confirmed that the returned item is in returnable condition and notifies you via email. All returned items must be shipped, via USPS Priority Mail, with a tracking number, at the customer’s sole cost and expense, to the following address:
Notice of any return must be sent to Tolt Yarn and Wool, along with the applicable tracking number, to email@example.com.
ALL RETURNS MUST BE SHIPPED IN ACCORDANCE WITH THE INSTRUCTIONS ABOVE. ITEMS PURCHASED ON THIS WEBSITE CANNOT BE EXCHANGED OR RETURNED IN PERSON IN OUR CARNATION, WASHINGTON STORE.
Shipping and Rates
We ship via USPS Priority Mail at your cost. Most orders ship the next day (orders place after 2pm on Friday and orders placed on Saturday and Sunday will be shipped on Monday.). We will include your tracking number in an email to your confirming that your order has shipped. Holidays and bad weather may delay your shipment. We will email you if we are certain this is the case.
Orders within the USA are $5.95 ($3.95 within Washington State) and FREE with orders over $100. Orders to Canada are $10.95. Orders outside of USA and Canada require a separate shipping quote. Please contact us at firstname.lastname@example.org.
Choice of Law; Dispute Resolution
These Terms and Conditions supersede any other agreement, written or oral, between you and Tolt Yarn and Wool. These Terms and Conditions will be governed and interpreted in accordance with the laws of the State of Washington without giving effect to any principles of conflicts of laws. Any and all claims, disputes and other matters in question arising out of, or relating to, these Terms and Conditions, or any use of this Website, or any products or services purchased through this Website (collectively a "Dispute"), shall first be submitted to mediation. You agree to participate in any such mediation in good faith. Any such mediation shall be conducted by the American Arbitration Association, unless otherwise agreed by you and Tolt Yarn and Wool, pursuant to the rules and procedures of such institution. Submission to and participation in mediation shall be a condition precedent to the right of other party to arbitrate any Dispute, or to initiate litigation expressly permitted, hereunder. If the mediation does not fully resolve the Dispute, then the matter shall be submitted binding arbitration for a determination. Notwithstanding anything herein to the contrary, you and/or Tolt Yarn and Wool, may, prior to the selection of a mediator or arbitrator, petition the Superior Court of the State of Washington for King County for a temporary restraining order or a preliminary injunction upon a showing of the requisites therefore in such court. (This provision for court proceedings is intended to be limited to those cases in which emergency access to the court is necessary to prevent immediate and irreparable harm in the interim period until the arbitrator can be constituted.) The arbitration shall be conducted in accordance with the provisions of Chapter 7.04 of the Revised Code of Washington, as amended, and with respect to matters not covered in such statute, by the Rules of the American Arbitration Association; provided, however, that in the event of any conflict between such statute and such rules, the provisions of the statute shall control; and provided further, that notwithstanding anything in such statute or rules to the contrary: (a) the arbitrator's decision and award shall be made according to the terms and provisions of these Terms and Conditions and the applicable law, and such award shall set forth findings of fact and conclusions of law of the arbitrator upon which the award is based in the same manner as is required in a trial without a jury before a judge of a Superior Court of the State of Washington; (b) the arbitrator shall award attorneys' fees to the substantially prevailing party; (c) in any such arbitration, there shall be a single arbitrator and any decision made shall be final, binding and conclusive on the parties; (d) judgment on the award may be entered in the Superior Court of the State of Washington for King County. The fees of the arbitrator shall be borne equally by the parties except that, in the discretion of the arbitrator, any award may include a party's share of such fee if the arbitrator determines that the dispute, controversy or claim was submitted to arbitration without material factual or legal basis.
The foregoing Terms and Conditions are effective as of September 1, 2014 and are subject to change without notice. If our Terms and Condtions change in the future, we will post an updated policy on this Website noting the effective date of the update. If you have any questions about any such changes, please feel free to contact us via email at email@example.com.