TERMS AND CONDITIONS OF USE
Welcome to our online store. We are pleased to provide you with the goods and services described in this site subject to the following conditions. If you visit or shop at this site, you accept these conditions. Please read them carefully. In addition, when you use any current or future options on this site, you also will be subject to the guidelines and conditions applicable to such service or business.
PRIVACY AND ELECTRONIC COMMUNICATION
To understand our practices, please review our Privacy Notice, which also governs your visit to this site. When you visit this site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our the express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home page of this site so long as the link does not portray us, our dealers, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link our without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This site does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use this site only with involvement of a parent or guardian. We, our dealers and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from this site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We and our dealers attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by us, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
Please note that this policy applies only to products sold and shipped by us and/or our dealers.
Your shopping cart reflects an estimated shipping cost, based on the shipping method you chose. This cost assumes all items in your cart are going to a single address within the contiguous United States. Some items may require special handling due to their size and/or weight, which will result in an additional charge. When we process your order we will make any necessary adjustments in shipping costs and notify you of changes via email. Rates are subject to change without notice.
You may return most new, unopened items which were not special orders within 30 days of delivery for a full refund. Items should be returned in their original packaging. We'll also pay the return shipping costs if the return is a result of our error (if you received an incorrect or defective item, etc.). All returns will be subject to a 15% restocking fee. Special order items may be returned at our discretion. We will not accept returns on merchandise that was opened, used, is missing the serial number or UPC, or returned more then 30 days after delivery. If you would like to make a return or exchange, you must contact us by phone or email and receive an RMA number before returning your items. Items returned to us without notification will not be eligible for a refund or exchange.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR DEALERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DEALERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM US, OUR DEALERS, OR AFFILIATES FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE, OUR DEALERS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Thornton’s Rewards Program
BECAUSE THESE TERMS AFFECT YOUR LEGAL RIGHTS, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.
By participating in the Program, you: (i) certify that you are over the age of majority in the jurisdiction in which you reside; (ii) consent to the Company’s collection and use of your personal information (as set out below); and, (iii) agree to these Terms, as they may be amended from time to time. If you do not agree to these Terms, you cannot participate in the Program.
1. Earning Points. You earn Program rewards points (“Points”) by making purchases at the Company’s store(s), calculated on the pre-tax purchase price. The Company may change the basis upon which Points are awarded, including the number of Points awarded per dollar spent, at any time, without notice to you. Points are only earned on regularly-priced purchases. Sale purchases, or purchases in conjunction with another offer, may earn you fewer, or no, Points.
2. Membership. To participate in the Program, you must be a Program member. The Company may determine who it grants membership to, and may revoke your membership at any time, without notice to you. You may complete an application for membership by providing the Company with your full name, email address and telephone number. Only one Program membership is available per person.
3. Rewards Card. The Program rewards card (“Card”) is the Company’s property. It is not a credit card. If your membership is revoked for any reason, you must immediately return the Card to the Company.
4. Lost or Stolen Card. You must notify the Company immediately if your Card is lost or stolen. The Company will issue you a new Card, upon your presentation of a government-issued photo identification. The Company is not responsible for any points redemptions made using your lost or stolen Card, up to the time that you report the lost or stolen Card.
5. Purchaser Earns Points. Points are only earned by, and will only be deposited to, the account associated with the member making the purchase in question.
6. Presentation of Card Required. You must present your Card to the cashier before the sale is completed in order to receive Points for your purchase. Points will not be applied retroactively to any purchases. Other exclusions may apply.
7. No Cash Value. Points have no cash value, and are not transferable or assignable.
8. Refunds. If you receive a refund for any purchase, any Points awarded for that purchase will be deducted from your account (regardless of whether you present your Card at the time of the return).
9. Redeeming Points. You may redeem Points by completing and signing an order form, or by such other means that the Company requires. This can be done at the Company’s store(s).
10. Errors. The Company is not obligated to honour a redemption request on an inaccurate Points value resulting from an error in printing, production or posting.
11. Availability of Rewards. The Company will endeavour to ensure availability of all rewards items, however it cannot guarantee that a particular item will be available. If a rewards item is unavailable, the Company may substitute an item of similar value.
12. Inspection. You must inspect the reward item you receive at the time you receive it, in order to ensure that it is satisfactory. If it is not, you must immediately notify the Company employee of any defect. If you do not do so, you are deemed to have accepted the reward item.
13. Changes to the Program. The Company may:
a. terminate the Program at any time, without notice to you;
b. restrict, suspend, extend or otherwise alter the Program (or any aspects thereof), without notice to you; and/or,
c. revise these Terms.
14. Revocation of Membership. If, in the Company’s opinion, you abuse any of the Program privileges, or breach any of these Terms, the Company may revoke your membership, without notice to you, and cancel any reward points that you have accumulated.
15. Inactivity. If you do not use your Card for 12 consecutive months, your account will deemed to be inactive and all accumulated Points will be forfeited.
16. Taxes. You are solely responsible for any tax consequences flowing from your participation in the Program (including the reporting of any tax benefit, and the payment of all applicable taxes).
17. NO WARRANTY. THE COMPANY, AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DO NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS OR SERVICES RELATED THERETO, AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES.
18. IMPORTANT DISCLAIMER. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL, SPECIAL OR INCIDENTAL LOSSES OR DAMAGES. IF THE COMPANY IS FOUND LIABLE FOR ANY REASON (INCLUDING LIABILITY FOR NEGLIGENCE OR BREACH OF CONTRACT), ITS LIABILITY WILL BE LIMITED TO $100.
19. Up-to-date information. You must ensure that the information you provide to the Company is complete and up-to-date. If any information changes, you must notify the Company immediately.
21. Definition. In these Terms, 'including’ means ‘including without limitation’.
22. Assignment. The Company may assign the Program without notice to you. Upon doing so, the Company is released from any further obligations to you, all of which are assumed by the assignee.
23. Void where prohibited. These Terms are void where, and to the extent, prohibited by law. Taxes may also be applicable, where required by law.
24. Effective Date. These Terms are effective as of 6/1/2012, and replace any previous version. Using your Card after such effective date constitutes your acceptance of these Terms. Publications of these Terms in the Company’s store(s) or on the Company’s website is deemed to be notice of such Terms (where notice is required to be given).