TERMS + CONDITIONS
TERMS + CONDITIONS
Last updated May 2020
Thank you for visiting shoptwoscompany.com ("Web Site" or the “Site”) We are part of "Two's Company, Inc." which includes Two's Company, 2 Chic, Cupcakes & Cartwheels and Tozai Home. We have prepared the information below to ensure that your experience on our website is one you’ll want to repeat again and again. Two's Company, Inc provides this site as a service to its customers. Please review the following basic rules that govern your use of our site. Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Although you may “bookmark” a particular portion of shoptwoscompany.com and thereby bypass this agreement, your use of this site still binds you to the terms. Since Two's Company may revise this agreement at any time, you should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us.
You must be at least 13 years old to use the Web Site or our mobile applications. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Web Site and our mobile applications with permission from your parent or legal guardian.
Use of the Website
We grant you a personal, limited, non-exclusive, non-transferable license to access and make personal use of the website. This license does not include any resale or commercial use of the website; any collection and commercial use of any photographs or other materials published on the website; any non-personal use of our product names, listings, descriptions, or prices; any derivative use of the website; any downloading, copying or other use of the website or the materials contained on the website for the benefit of any third party; or any use of data mining, robots or similar data gathering and extraction tools; all of the above being expressly prohibited. You may use the website only as permitted by law. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Two's Company and/or our suppliers and licensors. The above license to you shall automatically terminate if you do not comply with these Terms and Conditions.
You are responsible for your use of the website and for any use of the website made using your account. The goal of Two's Company is to create a positive and useful user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Two's Company. Accordingly, when you use the website you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other’s intellectual property, privacy, publicity or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the website or mobile applications;
- transmit any viruses or other computer instructions or technological means the purpose of which is to disrupt, damage, or interfere with the use of computers, related systems or other technology;
- use any means to scrape or crawl any pages contained in the website;
- attempt to circumvent any technological measure implemented to protect the website;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the website;
- advocate, encourage or assist any third party in doing any of the foregoing.
This website is expressly owned and operated by Two's Company, Inc. The mailing address for Two's Company, Inc is 500 Saw Mill River Road, Elmsford, NY 10523. Unless otherwise noted, all design and content featured on shoptwoscompany.com-including navigational buttons and images, artwork, graphics, photography, text, and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Two's Company, Inc. This website in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our website and the website as a whole are intended solely for your personal, noncommercial use. Any use of our website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Two's Company, Inc. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from Two's Company, Inc. You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.
Limitation of Liability
Given the unpredictability of technology and the online environment, Two's Company does not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website. As a visitor to and a user of this website, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. Two's Company shall not be liable for damages of any kind related to your use of or inability to access this website.
We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on shoptwoscompany.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Two's Company product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Two's Company shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Two's Company, Inc shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Two's Company shall issue a credit to your credit card account in the amount of the incorrect price.
At shoptwoscompany.com, we go out of our way to select the kind of distinctive merchandise for which the Two's Company brand is recognized. Please understand that many of our featured items are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the website again. When an item featured on shoptwoscompany.com is no longer in stock, we make every attempt to remove that item from the website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us.
We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.
You agree to indemnify, defend, and hold harmless Two's Company, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Although we will make every effort to respond quickly to applicable email messages, shoptwoscompany.com is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding shoptwoscompany.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through shoptwoscompany.com shall become and remain the property of Two's Company. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
DMCA Notice & Take-down Procedure
Without limiting the foregoing, if you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including the law of fair use; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Copyright Agent for Two's Company, Inc. for notice of claims of copyright infringement is DMCA Designated Agent who can be reached as follows:
- by e-mail at WebCustomerRelations@Twoscompany.com
- by telephone at (914) 345-2222
- by mail at 500 Saw Mill River Road, Elmsford, NY 10523.
- IMPORTANT! PLEASE NOTE:
- YOUR E-MAIL MUST BE WRITTEN IN ENGLISH AND MUST HAVE THE FOLLOWING SUBJECT LINE:
- “DMCA NOTICE OF INFRINGEMENT”
- IF YOUR E-MAIL DOES NOT HAVE THIS SUBJECT LINE AND/OR IS NOT WRITTEN IN ENGLISH, YOUR E-MAIL WILL NOT BE READ BY OUR DMCA DESIGNATED AGENT.
THIS WEBSITE AND ALL CONTENT AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THE WEBSITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE IN ANY RESPECT AND THAT TWO'S COMPANY, THE ENTITIES DOING BUSINESS UNDER THE NAME TWO'S COMPANY AND AFFILIATES OF THOSE ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, LICENSEE (COLLECTIVELY “TWO'S COMPANY PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE OR THE MOBILE APPLICATIONS OF THE TWO'S COMPANY PARTIES.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TWO'S COMPANY PARTIES MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE, OR THE CONTENT OF THE WEBSITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TWO'S COMPANY PARTIES WILL HAVE NO LIABILITY FOR ANY (A) ERROR, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS OF THE TWO'S COMPANY PARTIES OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE TWO'S COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT, REVENUE OR DATA) ARISING OUT OF OR RELATED TO THE WEBSITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent, we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Governing Law; Jurisdiction and Other Matters
Any action relating to the use of this website, mobile applications, or any transaction with Two's Company or any of the Two's Company Parties must be brought in the state of federal courts located in New York County in the State of New York. You irrevocably consent and submit to the personal jurisdiction of such courts for the purpose of any such action. These Terms and Conditions are governed by and construed in accordance with, the laws of the State of New York, without giving effect to any conflict of laws, rules or provisions.
Under no circumstances will any of the Two's Company Parties be held liable for any delay or failure in performance due in whole or in part to any causes beyond their reasonable control or otherwise of a force majeure nature.
If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions. The failure of us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets, or by operation of law.
The Site may include open source components, which are licensed for use and distribution under applicable open source licenses. Use of any open source components is governed by and subject to the terms and conditions of the applicable open source license.
Hyperlinks to other Sites
To the extent our Site contains hyperlinks to outside services and resources, the availability and content of which Two's Company, Inc. does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
Occasionally we will offer special promotions to our customers that we refer to as "special offers" or "special offer". This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.
Pursuant to California Civil Code Section 1789.3, Two's Company provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please call our Customer Relations Team toll-free at 1-800-TWOSCOM (1.800.896.7266) or email our team at WebCustomerRelations@Twoscompany.com, and we will be happy to assist you.