Terms Of Service & Privacy Policy

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OVERVIEW

This website is operated by TRUFFLIN®. Throughout the site, the terms “we”, “us” and “our” refer to TRUFFLIN®. TRUFFLIN® offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please visit [LINK TO RETURN POLICY]

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall TRUFFLIN®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless TRUFFLIN® and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@trufflinnyc.com.

Our contact information is posted below:

TRUFFLIN®

info@trufflinnyc.com

3815 24^TH ST LONG ISLAND CITY NY 11101

Trufflin respects your privacy. Consistent with our commitment to providing you a satisfying and helpful shopping experience, we have found that collecting Personal Information (defined below) through www.trufflin-nyc.com(the “Site”) helps us better understand the products and services most helpful to you. Our Privacy Policy describes the types of information we gather online and how we use this information. Please read this information carefully.

By accessing the Site you agree to be bound by the Privacy Policy. This Privacy Policy may be updated from time to time. Accordingly, you should check the date of this Policy (which appears at the top of this page) and review any changes since the last version. If at any time you do not agree to the terms of this Privacy Policy, please do not use this Site and refrain from purchasing from us.

Our products are also available for sale in many specialty stores and department stores. Data collected in these retail stores is the property of the stores and is not provided to Trufflin. If you have questions about retail store privacy policies, please contact the applicable store.

USE OF INFORMATION COLLECTED BY US
Trufflin may collect two types of information about users: “Personal Information” (such as name, email address, mailing address, phone number, credit card number and the items you purchase) and “Aggregate Information” (such as information about how many users log on to our Site on a daily basis).

We use customer information in an effort to improve your shopping experience and to communicate with you about our products, services, promotions and contests. We may also use this information to make offers to you, to help us target specific products and services to you, and to help us develop and improve our Site to tailor our Sites to your interests.

PERSONAL INFORMATION COLLECTED ONLINE BY Trufflin-nyc.com
Personal Information is collected online by us or our service providers on our behalf when users voluntarily register with Trufflin-nyc.com to purchase items, receive electronic newsletters, use community and communication services and other promotional opportunities provided on Trufflin-nyc.com when users make a purchase. We also maintain a record of your product interests and purchases online. We may receive personal usage and demographic information from third parties we work with.

AGGREGATE INFORMATION COLLECTED ONLINE BY Trufflin-nyc.com
Aggregate Information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, frequency of Store visits, Site pages you access most frequently or search terms you enter. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who shopped at Trufflin-nyci.com during a specific time period. Aggregate Information that does not personally identify a specific user.

ORDER-RELATED AND PROMOTIONAL EMAIL
You agree that Trufflin-nyc is authorized to transmit email to you for the purpose of informing you about your particular transaction.

In addition, Trufflin-nyc.com and its affiliates may offer electronic newsletters and promotional emails to those who have agreed to receive emails when they purchase from Trufflin-nyc.com during registration and/or directly from our email sign-up forms. Unsubscribe instructions are included in each promotional email.

SHARING INFORMATION WITH THIRD PARTIES
Trufflin-nyc.com does not share, sell or trade with third parties your Personal Information gathered online, such as email addresses, Personal Information collected as part of an online survey or other specific details about you, except with your consent or as described in this Privacy Policy. Trufflin-nyc.com does not contribute to or participate in cooperative databases, which give other companies access to such Personal Information.

Trufflin-nyc.com, and our affiliate sites may divulge Personal Information if such action is required for Trufflin or any of our service providers or consultants to comply with any valid legal process, such as a subpoena, search warrant, statute or court order, or any valid administrative request from a law enforcement agency. In addition, we may divulge Personal Information if we or any of our service providers or consultants believes that such disclosure is necessary to address any unlawful acts or acts that may endanger the health or safety of another customer or of the general public.

SERVICE PROVIDERS, CONSULTANTS AND AFFILIATES
We may share Personal Information and Aggregate Information with our service providers, consultants and affiliates for our internal business purposes.

For example, we use the services of Google Analytics (http://www.google.com/analytics/) to help us measure the effectiveness of our advertising and how visitors use our Site. Google’s privacy policy is located here. To utilize Google’s services, Trufflin-nyc.com uses web beacons (also called pixel tags or clear GIFs) and cookies, which are defined below and provided by Google on our Site. The type of information we collect includes products viewed and/or purchased, your location (state/zip code if you placed an order) and the Internet Protocol (IP) address of your computer. An IP address is a number that is automatically assigned to your computer whenever you surf the Web. The computers, which deliver the Web pages to you, automatically identify your computer by its IP address. When you request a page from our Site, our servers log your IP address. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. Although Google logs the information coming from the Site on our behalf, Trufflin-nyc.com controls how that data may and may not be used.

USE OF COOKIES
A cookie is a small data file that Web sites, when you visit them, often store on your hard drive. A cookie may contain information (such as unique user ID), which is used to track the pages of the sites you’ve visited. Trufflin-nyc.com uses cookies to, preserve the contents of your shopping bag between your visits. Trufflin-nyc.com also uses cookies to measure activity on our Site, which allows us to determine which areas and features of our Site are most popular. This information allows us to make improvements and updates to enhance your Trufflin-nyc.com experience. Parts of the Site, such as the members-only areas (for example, shopping) will not function if you do not have cookies enabled. You can set your browser to refuse cookies, or to alert you when cookies are being sent. If you turn off cookies or refuse them, though, you will not be able to make a purchase from the Site, nor will we be able to recognize you as a registered user to allow you access to your account information.

To enable or disable cookies on your browser, please consult your browser documentation or contact your software provider.

USE OF PIXEL TAGS/CLEAR GIFS/WEB BEACONS
A pixel tag, also known as a clear GIF or web beacon, is an invisible tag placed on certain pages of our Site but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies the pixel tag will simply detect an anonymous website visit.

INFORMATION REMOVAL/OPT-OUT
If you prefer not to receive marketing emails from Trufflin-nyc.com or affiliate sites, please let us know by clicking on the unsubscribe link within any marketing email you receive from us. Please note that such requests may take up to ten (10) days to become effective.

CHILDREN AND PRIVACY
Trufflin-nyc.com is concerned about the safety of children when they use the internet, and understands that children may not understand all the provisions of our Privacy Policy or make informed decisions about the choices that are made available to adult users of the Site. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit.

Our Site and affiliate sites are not directed to children under the age of 13, and we will never request personally identifiable information from anyone whom we know to be under the age of 13 without verifiable parental consent. If we become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.

LINKS TO OTHER SITES
Trufflin-nyc.com and affiliate sites may contain links to sites other than our own. Those sites may have their own privacy policy, or no privacy policy at all. Neither we nor any of our service providers have any responsibility for those sites, and we provide these links solely for the convenience of our visitors. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These sites may send their own cookies to you and may collect information and use it in a way inconsistent with this Privacy Policy. We encourage you to review the privacy policies and terms of use of any third-party sites or services before providing any of them with any of your Personal Information. Neither Trufflin nor any of our service providers control the content that appears on these sites or take any responsibility for their content, nor should it be implied that Trufflin-nyc.com endorses or otherwise recommends such sites or their products or services offered.

ADDITIONAL INFORMATION
No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Trufflin-nyc.com to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, neither Trufflin-nyc.com nor any of our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is done at your own risk.

APPLICABLE LAW
The laws of the State of New York will govern these disclaimers, terms and conditions without giving effect to any principles of conflict of law.

THIS WEBSITE USES GOOGLE ADWORDS
This website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site.This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the Trufflin-nyc.com website. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy. You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@trufflinnyc.com, or by regular mail at Trufflin, 38-15 24^th St, Long Island City NY, 11101

ORDER-RELATED AND PROMOTIONAL EMAIL
You agree that Trufflin-nyc is authorized to transmit email to you for the purpose of informing you about your particular transaction.

To enable or disable cookies on your browser, please consult your browser documentation or contact your software provider.

APPLICABLE LAW
The laws of the State of New York will govern these disclaimers, terms and conditions without giving effect to any principles of conflict of law.

CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@trufflinnyc.com, by website chat or by regular mail at Trufflin, 38-15 24^th St, Long Island City NY, 11101