TERMS & CONDITIONS
CONDITIONS OF USE
Welcome to Trendy Butler! The services on this site are offered to you by "Trendy Butler Inc." parent company of DBA "Trendy Butler". For the rest of this text, Trendy Butler (TB) is the term that will be used, but it is understood that Trendy Butler is a part of Trendy Butler Inc., and thus all rights, obligations, protections, disclaimers, indemnities, and all other legal terms and conditions within this text shall also apply to Trendy Butler Inc. When you use Trendy Butler (referred to herein as, "Trendy Butler.com", "Trendy Butler "TB", "we", "our", "us") you understand that you are subject to the following conditions. If you visit or shop at Trendy Butler on www.trendybutler.com, you accept and agree to abide by these conditions. When you use any current or future Trendybutler.com service, you will be also subject to the guidelines and conditions applicable to such service or business. Before placing an order, if you have any queries relating to these terms and conditions, please email our customer service team at Support@TrendyButler.com.
BY USING THE TRENDYBUTLER.COM WEBSITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE THE TRENDY BUTLER WEBSITE.
When you visit www.trendybutler.com or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the www.trendybutler.com 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.
All content included on the TrendyButler.com site - such as text, without limitation, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software - is the property of Trendy Butler or content suppliers, and is protected by all applicable laws of the United States of America and international copyright laws. The compilation of all content on the TrendyButler.com site is the exclusive property of Trendy Butler and protected by all applicable laws of the United States of America and international copyright laws. All software used on the TrendyButler.com site is the property of TrendyButler.com or its software suppliers, and protected by all applicable laws of the United States of America and international copyright laws.
Trendy Butler, and other marks indicated on our site are trademarks or registered trademarks of Trendy Butler Inc. in the United States of America and other countries. Trendy Butler graphics, logos, page headers, button icons, scripts, and service names are trademarks of and/or are the fully owned intellectual property of Trendy Butler. The foregoing trademarks and intellectual property may not be used in connection with any product or service that is not Trendy Butler’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Trendy Butler. All other trademarks and intellectual property not owned by Trendy Butler or its affiliates that appear on the TrendyButler.com site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Trendy Butler.
LICENSE AND SITE ACCESS
Trendy Butler grants you a limited license to access and make personal use of the TrendyButler.com site, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Trendy Butler. This license does not include any resale or commercial use of the TrendyButler.com website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the TrendyButler.com’s website 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.
The TrendyButler.com site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Trendy Butler. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Trendy Butler without express written consent. You may not use any meta tags or any other "hidden text" utilizing Trendy Butler’s name or trademarks without the express written consent of Trendy Butler. Any unauthorized use terminates the permission or license granted by Trendy Butler. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the TrendyButler.com’s home page, so long as the link does not portray Trendy Butler or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Trendy Butler logo’s or other proprietary graphic or trademark as part of the link without express written permission.
You represent that you are a human, as accounts registered by automated methods are not permitted. If you use the TrendyButler.com website, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may not use TrendyButler.com or sign up with Trendy Butler. Trendy Butler reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. You further agree not to access any other person’s or member’s TrendyButler.com account or account information without their express permission. You agree to notify us immediately of any unauthorized use of your account and/or password, or other personal information, and agree that we shall not be liable for any loss or damage arising out of your failure to comply with this obligation.
As a Trendy Butler member, you will receive a personalized package based upon your specific style profile. Because our products are kept up to the minute with new and ever evolving styles, we always have a limited supply. No item/size is guaranteed to be in stock, and we make no expressed representation of availability.
BILLING, PAYMENT, & CREDIT CARD INFORMATION
When you sign up for Trendy Butler, we will save your credit card information for use on all future purchases. Any automatic billing and/or charges, as per the membership rules described upon sign-up, will be automatically applied to your saved credit card unless you notify us in advance by emailing Support@TrendyButler.com or by updating your method of billing through your user dashboard prior to your anniversary bill date. Your anniversary bill date is determined by the first date of checkout, and future charges will recur on the same day of the month. If your anniversary bill date falls beyond a specific calendar month's number of calendar days, it will recur on the last day of that calendar month. We accept Visa and MasterCard as forms of payment. If your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us. As this is a monthly membership, recurring charges are made monthly at or around the same date of sign up of every month following anniversary billing. Cancellations must be made 5 business days in advance to the charge date to allow time to process, or you may cancel, pause, or resume your membership yourself for immediate results through your user dashboard by logging in and accessing the "Subscriptions" page. In the rare occurrence that a package is not delivered before being charged again, please note that you are still held to the 5 business day cancellation rule and no refunds can be given once a package is built.
If you realize an item in your Trendy Butler purchase is an incorrect size, we will exchange it for your desired size to be included in your next month’s package once your original items have been received and processed by our Exchange Department; if Trendy Butler does not have the same item in the desired size, Trendy Butler will provide you with an item of comparable value and style, at Trendy Butler’s reasonable discretion. You may only choose to exchange items in your package for taste or size issues. All exchange shipping is provided free of charge. To initiate the exchange process simply contact our customer service team at Support@TrendyButler.com.
All items returned undergo quality inspection by our Exchange Department, and must be returned in their original and undamaged condition. Any items returned in damaged condition will not be accepted and replacements not extended to you; if you were authorized for a refund by any sort of exception, you will no longer be eligible for a refund. A damaged item will be defined as an item processed as: stained, with rips or tears, with visible signs of use or wear, with excessive wrinkling, with heavy odors, with heavy fragrances, with animal fur, or other visible damage characteristics within reason and at Trendy Butler’s sole discretion. If you still wish to proceed with your exchange - under the circumstances that your items were returned in damaged condition - a $20 restocking fee will apply. A $10 restocking fee will be applied to any items returned without the original tags still attached. By accepting these Terms & Conditions you agree to be subject to these restocking fees if applicable.
If any item is discovered to be damaged or without tag attachments upon delivery, you must notify Support@TrendyButler.com within 7 days of your delivery date to process your request in order to receive a replacement. Items may be returned for exchange within 60 days of your tracking number delivery date, with original tags still attached, with no exceptions made, and replacements will not be granted if they are not. No items can be returned for refund, and refunds are not implied under the term 'return' nor under the term 'exchange'. A return or exchange as defined within our Terms and Conditions is to replace the item with a different item. You may not under any circumstances return or exchange items that are replacements for a previously returned or exchanged item except for issue of fit.
BOUNCEBACKS / INCORRECT OR CHANGE OF SHIPPING ADDRESS
Trendy Butler acknowledges that mistakes can be made when entering your correct shipping address. If we receive back a package classified as a bounceback, we will attempt to reach out to you 3 times to get updated shipping information. If a response is not received within 2 weeks after the 3rd attempt to contact, that month's package will be held indefinitely until we are able to establish communication. No refunds will be given on bounceback items. To check on a shipping or bounceback status, email us at Support@TrendyButler.com.
If you are re-locating and forget to update your shipping information in time, Trendy Butler will not be responsible for re-shipping the package. Users will be responsible for setting up forwarding addresses prior to, or in time for the package when it arrives.
TERRITORY CHARGES AND STATE SALES TAX
Please be aware that you will be charged applicable sales tax on any of your orders shipping to the following 33 states/districts: Alabama, Arkansas, California, Colorado, Connecticut, District of Colombia, Hawaii, Iowa, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, Wisconsin, and West Virginia. ALASKAN AND HAWAIIAN USERS please be aware that a $7 surcharge will be applied to all of your orders and active member exchanges.
INTERNATIONAL SITE ACCESS
This site, www.TrendyButler.com, can be accessed from countries other than the United States. Trendy Butler may offer products or references to products that are not available outside of the United States. Any such products or references to products do not imply that such products will be made available outside the United States. If you access and use www.TrendyButler.com outside the United States you are responsible for complying with your local laws and regulations.
REVIEWS, FEEDBACK, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, unauthorized, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, tortious, or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Trendy Butler reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Trendy Butler a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Trendy Butler the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Trendy Butler (including all of its parents, subsidiaries, affiliates, officers, directors, agents, and representatives) for all claims resulting from content you supply. Trendy Butler has the right but not the obligation to monitor and edit or remove any activity or content. Trendy Butler takes no responsibility and assumes no liability for any content posted by you or any third party.
Trendy Butler respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at Support@TrendyButler.com, and submit the following information: identification of the work claimed to be copied or infringed; identification of the work that is claimed to be infringing your work; your contact information; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
RISK OF LOSS
All items purchased from Trendy Butler are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier. All claims must be made with the carrier, and not with Trendy Butler.
SHIP TIME / TIME TO RECEIVE PACKAGE
Upon sign up, your profile is analyzed, our brand partners are contacted for product, and a box is built by your Butler within a minimum time frame of 7-10 business days. This can be longer if there is unforeseen complications. You will generally have your package in your hands around 2-7 business days after that. The minimum time frame for receiving product from signup to in your hands is generally 9 business days with the maximum being 17 business days. Again this is subject to change without notice due to brand availability or shipment delays both by Trendy Butler or by a third party shipping facility.
Trendy Butler has made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery.
All sizes and measurements are approximate and allow for a compensated margin of error, however we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been incorrectly published, including prices and promotions.
Trendy Butler attempts to be as accurate as possible. However, Trendy Butler does not warrant that product descriptions or other content of the www.TrendyButler.com website are accurate, complete, reliable, current, or error-free. If a product offered by Trendy Butler is not as described, please contact our customer service department at Support@TrendyButler.com.
ILLEGAL USAGE PROHIBITED
You shall not use Trendy Butler’s Website or materials to POST, transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortuous, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of Trendy Butler. You agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this site. In addition, while using the website in accordance with these terms as modified from time to time, you agree to comply with generally accepted internet standards and shall refrain from any abusive use of this site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE TRENDY BUTLER SITE IS PROVIDED BY TRENDY BUTLER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRENDY BUTLER MAKES NO 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, TRENDY BUTLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRENDY BUTLER DOES NOT WARRANT THAT THE TRENDYBUTLER.COM WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM TRENDY BUTLER OR TRENDYBUTLER.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRENDY BUTLER, ITS PARTNERS, AFFILIATES AND SUPPLIERS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WWW.TRENDYBUTLER.COM WEBSITE, OR THE RELATED SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE (INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS 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 MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LINKS TO OTHER WEBSITES
Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. Trendy Butler has not reviewed these third-party Websites and does not control and is not responsible for any of these Websites or their content. Trendy Butler does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party Websites linked to this site, you do this entirely at your own risks.
TERMINATION / CANCELLATION
You acknowledge and agree that Trendy Butler, in its sole and absolute discretion and without notice to you, may suspend or terminate your use of, or access to the Website, for any services and remove and discard any related materials for any reason, including where Trendy Butler believes that you have violated any of these terms. You agree that Trendy Butler (including its parents, subsidiaries, affiliates, directors, officers, agents, and representatives) shall not be liable to you or to any person as a result of any such suspension or termination. If you are unsatisfied with any of these terms, please discontinue using this Website. Conversely, you are free to cancel your membership to the Trendy Butler at any time, provided that your cancellation shall not take effect until the month following the month in which such cancellation occurs.
You acknowledge that you are using this site including its materials at your own risks. Trendy Butler and its partners, affiliates and suppliers do not guarantee error-free or uninterrupted operations of this site. The products, services and information provided on this site are provided “as is” without any warranties of any kind including warranties of merchantable quality, fitness for particular purpose, or non-infringement of intellectual property. Trendy Butler and its suppliers do not warrant the accuracy and completeness of materials available on or throughout this site. The materials on this site may be out of date, and Trendy Butler makes no commitment to update the materials. Information published on this site may refer to products, programs or services that are not available on your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
You shall indemnify, defend, and forever hold harmless Trendy Butler, Trendy Butler, and their partners, affiliates, parents, and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities (including legal fees) which arise out of, may be incurred by reason of, or are in connection with your use of this site or any related service.
By visiting the TrendyButler.com website, you agree that the city laws of Los Angeles, state laws of California, and the federal laws of the United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use. The courts of the state of California shall have exclusive jurisdiction over all disputes. You agree that jurisdiction and venue in such courts is appropriate and you agree to submit to the jurisdiction of such courts.
REVISION OF TERMS
Trendy Butler may revise these terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you and your continued use of this site signifies your acceptance of these revised terms.
Trendy Butler will not be considered to have waived any of its rights or remedies described in these terms unless the waiver is in writing and signed by Trendy Butler. No delay or omission by Trendy Butler in exercising its rights or remedies will impair or be considered as a waiver of its rights to enforce such rights at any time.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE WWW.TRENDYBUTLER.COM WEBSITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY. 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.