Terms and Conditions

Yarn Culture Terms and Conditions of Sale and Limited Warranty

Orders made from Yarn Culture, LLC (hereainfter, “Yarn Culture,” “We,” “Our,” or “Us”) are subject to all of the terms and conditions of the following Terms and Conditions of Sale and Limited Warranty. The Terms and Conditions of Sale and Limited Warranty (the “Terms and Conditions”) apply to any order and purchase of Yarn Culture goods or services (“Products”) whether made in-store, telephonically, by facsimile, or through websites on the World Wide Web that are owned and operated by Yarn Culture (collectively, the “Website”). By offering to purchase the products or services offered by Yarn Culture, you  (“Your” or “Your”) hereby acknowledges that You understand, agree to, and accept all of the Terms and Conditions without limitation, modification, or qualification, and that You further acknowledge that any additional or conflicting terms you propose are rejected by Yarn Culture.

Following delivery of the Product to You, You have the right to inspect the Product upon receipt. If We have made an error and not delivered what You ordered, it may be returned in accordance with the Yarn Culture Return Policy, which is incorporated into these Terms and Conditions by this reference, or by making a Warranty Claim, as defined below. The Yarn Culture Return Policy is available on our Website at:Return Policy.

Any shipment of Yarn Culture Products is subject to the Yarn Culture Shipping Policy, which is incorporated by reference into the Terms and Conditions by this reference. The Yarn Culture Shipping Policy is available on our Website at:Shipping Policy. Risk of loss and title shall pass to You upon shipment from Our facility. If you wish to add insurance for the shipment of Your order, please contact us at  .(JavaScript must be enabled to view this email address). We cannot cancel any shipment or change a shipment to an in-store pick-up order once it has left Our facility.

When You order Products from Us, Products are offered and sold on the condition that such sale does not convey any right, title, or license, expressly or by implication, estoppel, or otherwise, under any
patent, trademark, copyright, trade secret, or other know-how that We own or license from a third party. 

Our limited and sole and exclusive warranty and exclusive liability for the sale of Products is that for a period of thirty (30) days from the date of Your order (as indicated on Your sales receipt or equivalent we provide) that your Products shall be free from defects in workmanship and material.  To submit any warranty claim to Us during such warranty period (a “Warranty Claim”), please email Us describing the order and defect alleged with specificity at:  .(JavaScript must be enabled to view this email address). Reasonably after receipt of a Warranty Claim, we shall, at Our sole discretion and at Our expense, repair or replace a defective Product following the return to Us by You of the allegedly defective Product. The process to return of a Product that is subject to a Warranty Claim to Us for repair or replacement is governed by Our Return Policy. The Yarn Culture Return Policy is available on our Website at:Return Policy. EXCEPT FOR THE FOREGOING EXPRESS LIMITED WARRANTY, PRODUCTS ARE SOLD “AS-IS” WITH ALL FAULTS. WE MAKE NO OTHER WARRANTIES WITH RESPECT TO PRODUCTS, AND WE HEREBY DISCLAIM ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF ANTICIPATED BUSINESS, INCURRED OR ALLEGED TO BE INCURRED BY YOU, WHETHER IN AN ACTION IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR THE ORDER AND PURCHASE OF PRODUCTS EXCEED THE PURCHASE PRICE FOR THE PRODUCTS OF WHICH LIABILITY IS CLAIMED.  OUR OBLIGATION TO REPAIR OR REPLACE A DEFECTIVE ITEM CONSTITURES OUR ENTIRE AND EXLUSIVE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE PRODUCTS, AND SHALL BE IN LIEU OF ANY OTHER REMEDT AVAILABLE UNDER APPLICABLE LAW, INCLUDING AN ACTION BASED ON NEGLIGENCE, STRICT TORT OR PRODUCT LIABILITY.

You agree to comply with all applicable laws, rules, and regulations in Your order and use of the Products. Sale in certain locations may be subject to Our collecting applicable sales or other taxes; any applicable taxes not collected by Us are Your sole and exclusive obligation to properly report and pay.

We will be excused for failures and delays in performance resulting from acts beyond Our reasonable control.  Such acts include, without limitation, acts of God, strikes, walkouts, lockouts, freight embargo, riots, acts of war, acts of terrorism, laws, regulations, or other government proclamations, ordinances, or acts, quarantine, epidemics, unusually severe weather, power failures, earthquakes, floods, fires, explosions, or other catastrophes.

You may not assign, amend, or modify these Terms and Conditions and any attempted assignment, amendment or modification shall be void.

These Terms and Conditions shall be governed by the laws of the State of New York without reference to conflicts of law principles. Any litigation concerning Your order or the Products shall be brought only in a court with subject matter jurisdiction located in Monroe County, New York, and We and You hereby expressly and irrevocably consent and submit to the personal jurisdiction of all such courts for this purpose and waive any claim that such forum is inconvenient, provided that We may, at its sole option, nonetheless bring an action for the price of the Products and any other sums due to Us hereunder or under any other agreement or transaction in any other court with subject matter jurisdiction where personal jurisdiction over You may be obtained.

If any provision of these Terms and Conditions is held invalid or unenforceable by any court or administrative body, such provision shall be considered struck as to You but all other provisions of these Terms and Conditions will be construed to remain fully valid, unenforceable, and binding on You and Us.