Terms of Use
I. GENERAL TERMS
PRIVACY POLICY
TRNK respects the privacy of its users. Please refer to the Privacy Policy found HERE, which explains how TRNK collects, uses, and shares the personally and non-personally identifiable information that pertains to you and your privacy. By accessing the site, you agree to this Privacy Policy.
ABOUT THE SERVICE
TRNK is an online platform that allows customers to shop for and purchase home goods, including but not limited to furniture, lighting, textile accessories, and decorative accessories. These goods are purchasable directly on the “site” (www.trnk-nyc.com), and also available for purchase through affiliate and non-affiliate partnerships linking to other third-party sites. In addition, TRNK provides original content relating to home furnishings and design. You may browse the site, but are required to have an account to perform certain activities, which includes purchasing products. The process to create an account is outlined on the website, and is free. In creating an account on the site, you are acknowledging and accepting the Privacy Policy as outlined, and are fully responsible and liable for the security of your account password, including any misuse. We do not assume any responsibility and are not liable for any damages that incur as a result from your creation or failure to maintain a secure password.
LINKS TO THIRD PARTY SITES
TRNK links to third-party sites through affiliate, and non-affiliate product links. If you should click on an affiliate link, and are redirected to the third party site, you acknowledge and agree to the affiliate terms and conditions contracts between TRNK and the third party site. By using such affiliate links, you acknowledge and consent to that TRNK may be compensated for the traffic as a result of your browsing behavior, whether or not you purchase on third party sites through such affiliate links. We are not responsible for the content of any linked third party websites or any services (i.e. if you purchase a product on the third party site), even if you accessed such site through TRNK. Your activity on the the third party website is subject to the terms and conditions and privacy policy of that website. Once you have left the TRNK site, you are no longer subject to TRNK’s Terms of Use or Privacy Policy.
COPYRIGHT AND TRADEMARKS
All content on the site, which includes text, graphics, and logos, is the property of TRNK New York, LLC, and is protected by American and international copyright and intellectual property laws. We do not grant any license or right to use of any content on the site unless as outlined by the Terms of Use or with prior written permission from TRNK. Failure to comply with such copyright and trademark laws shall result in legal action at the discretion of TRNK. If you are the owner of a copyright or agent thereof and believe that materials on our site infringe on your copyrights, you may submit a notification to TRNK pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”). You may do so by sending a written notification to National Registered Agents, Inc. 160 Greentree Dr Suite 101 Dover, DE 19904, that includes our name (TRNK New York LLC), your contact information (including name, address, telephone number and email address), written declaration that, under perjury of law, states you are authorized to act on behalf of the owner of exclusive copyright, description of the purported infringed material on the site, and example of the copyrighted material believed to be infringed. TRNK shall react in a timely manner to address the concern through written or digital communication through provided contact information.
CHANGES TO THE SITE
TRNK retains the right to change, alter, suspend, or discontinue the site, or portions of the site, including any links to product or goods sold on the site. Such changes shall be made by TRNK and may happen at any time.
CHANGES TO TERMS OF USE
TRNK retains the right to change or amend the Terms of Use at any time. It is your responsibility to check the site to review such changes. By continuing to use the site whether or not you check the Terms of Use, you signify your acknowledgement and agreement to the Terms of Use. TRNK shall notify you of significant changes to the Terms of Use through email or posted notices on the site.
USER CONSENT TO RECEIVE ELECTRONIC COMMUNICATION
By using the site, you consent to receive electronic communication from TRNK via personal information (email addresses) you have submitted on the site. You may opt out of receiving such communication from TRNK by following links included in email notifications, or by emailing info@trnk-nyc.com
DISCLAIMER
THE INFORMATION, CONTENT, AND PRODUCTS PROVIDED ON THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TRNK IS NOT RESPONSIBLE FOR ACTIONS OR INACTIONS OF PRODUCTS FOR SALE ON THE SITE. TRNK IS NOT A TRADITIONAL RETAILER, AND SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS OR INACTIONS THAT RESULT FROM PURCHASING PRODUCTS FOUND ON, OR PURCHASED THROUGH THE SITE. TRNK HAS NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS FEATURED, OR SOLD ON THE SITE. WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE ACCESSED THROUGH TRNK OR THROUGH A LINK PROVIDED ON THE SITE. TRNK SHALL NOT BE A PARTY IN ANY TRANSACTION THAT YOU MAY ENTER INTO WITH THIRD PARTY SITES ACCESSED THROUGH LINKS ON TRNK.
LIMITATION OF LIABILITY / RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRNK, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY OR SALE OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE INCLUDING ANY PURCHASES YOU MAKE USING THE SITE; (C) ANY OTHER INTERACTIONS WITH TRNK OR ANY OTHER MEMBER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRNK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. AS TRNK DOES NOT CONTROL THIRD PARTY PAYMENT PROCESSING, YOU AGREE THAT YOU BEAR ALL RESPONSIBILITY, AND YOU AGREE TO RELEASE US (AND OUR AFFILIATES, DIRECTORS, EMPLOYEES, OR PARTNERS), CREATORS, OR HOSTS FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND, NOW AND IN THE FUTURE, ARISING FROM OR IN ANY WAY CONNECTED TO USE OF THE SITE.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY ON THE SITE REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE. YOU UNDERSTAND AND AGREE TO THAT BY USING THE SITE YOU ARE ENTERING INTO THESE TERMS OF USE, AND ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTIONAL OR CIVIL SUIT WITH RESPECT TO CLAIMS MADE IN RELATION TO THE SITE, ORDERS, OR SERVICES MADE THROUGH THE SITE.
II. PURCHASE TERMS
TRNK’S SERVICE (THE SITE)
Through the site, TRNK sells goods directly to you (the customer) through transactions on TRNK, or acts as a platform that facilitates the purchase between you and a third party site linked through TRNK.
PRODUCT DESCRIPTIONS
Product descriptions, information, availability, and pricing for any product or service on the site is subject to change at any time without notice. We do not guarantee nor do we make any representation regarding the accuracy, completeness of any information on the site, including product descriptions or product images. We make every effort to accurately illustrate and describe the true condition and description of the products and goods sold through the site. However, due to differences in computer screen quality, lighting, or general perception, it is possible the physical goods purchased through the site will look different than how they are represented and described. If you feel goods you have purchased on TRNK have been misrepresented, please contact us at info@trnk-nyc.com.
ORDERS, PAYMENT INFORMATION, AND FEES
TRNK reserves the right to refuse service (including refusal to fulfill or ship orders placed through the website) at any time, and for any reason. We will contact you through the contact information you provide at time of purchase in the event that we are unable or unwilling to fulfill or ship your orders. By using a credit card to purchase on the site, you are acknowledging and authenticating that the card is valid, and that you are authorized to use the card. If the charge is not authorized or accepted or there are errors in processing, we reserve the full right to cancel your order without any notice and with no further liability to you. We also retain the right to refuse any future use from any credit card or any user, especially under circumstances of suspected or proven fraud or unethical or unlawful use of an account. You card will be charged once you have placed an order. Before you card is charged and before you have confirmed your order, your card will be authorized for the amount on your order. You are solely responsible for paying all fees and taxes associated with goods purchased on our site. If your payment method (i.e. credit card) fails or your account is past due, we retain the right to collect any and all fees owed to TRNK using other collection means in accordance with the law.
TAXES
Taxes are charged for purchases made on the site, and are based on applicable local, state, or federal tax rates based on the delivery address of the information on your order. It is your responsibility to pay the sales tax in accordance with the local, state, or federal taxes in the local of your shipping address provided.
DISCOUNTS & PROMOTIONS
TRNK occasionally runs or offers discounts and promotions to customers. However, please be aware that these discounts or promotions are subject to restrictions as outlined here: TRNK does not offer discounts of any kind on “Stephen Kenn” Furniture or Accessories.
RETURN AND REFUND POLICY
TRNK is unable to accept returns or provide refunds for goods purchased on the site and alare final. If you are dissatisfied with your purchase, or feel the product you have purchased on the site has been misrepresented, please contact customer service at customerservice@trnk-nyc.com. Under certain circumstances, mainly, if the goods you received were not what was purchased according to your receipt, TRNK may accept the return or offer a refund.
If you purchased goods on a third party site discovered through a product link located on the TRNK site, any return or refund is based exclusively on the terms outlined in the return or refund policies of those third party sites. TRNK in no way and under no circumstances retains ownership or liability over your purchases, subsequent returns, or refunds made on such third party sites. If you wish to return or request a refund on merchandise purchased through a third party site, you must contact the appropriate representatives at those third party sites. TRNK or its customer support cannot and will not under any circumstance facilitate the return or refund request of goods purchased on third party sites or discovered through links on TRNK.
SHIPPING AND DELIVERY POLICIES
In general, TRNK works to fulfill orders placed on the site as soon as possible. Your goods will ship according to the delivery lead times as outlined on the product detail page. Many of our products are made-to-order or are shipping from third-party locations. As a result, it is vital that you read the delivery details and timelines associated with the goods purchased on the site. By purchasing the goods on the site, you acknowledge and agree to these shipping timelines as outlined at time of purchase. TRNK in no way guarantees these timelines are accurate, and will not be liable in any cases or under any circumstances, for shipping or production delays to your order. In most cases, you will not be able to expedite shipping on goods purchased through the site. In many cases, there is an additional delivery surcharge for your order, or delivery charges will be billed after the purchase of the goods. If such a delivery surcharge or delayed delivery charge must be made, we shall notify you via the contact information provided at time of purchase. By purchasing goods with delivery surcharge or delayed delivery charge, you are agreeing to these charges even if they are made on a later date.
TRNK is not responsible for damages that occur during shipping. We make every effort to ensure our goods are packaged carefully to minimize risk of damage during shipping. If the goods received are damaged, please refuse delivery (if possible) or contact customerservice@trnk-nyc.com within 36 hours of receipt in order to initiate the return of damaged goods. TRNK will work with the vendor to either replace the goods or offer a refund. All items shall be shipped F.O.B. shipping point and title and risk of loss shall pass to you upon delivery of items to a common carrier.
If you follow product links to third party sites, and purchase goods on third party sites, the shipping and delivery policies of those third party sites shall apply to your transaction. TRNK in no way and under no circumstances retains ownership or liability over your purchases, shipping, and deliveries of goods made on such third party sites. TRNK or its customer support cannot and will not under any circumstance facilitate in shipping and deliveries related to goods purchased on third party sites or discovered through links on TRNK.
DISPUTES PERTAINING TO ORDERS
If a dispute should arise related to purchase of goods on our site, we will work to resolve the dispute as soon as possible, and in the most cost effective means possible. Before resorting to litigation, we encourage you to contact us at customerservice@trnk-nyc.com. If you have a complaint against us, or need additional information or support, please contact us at info@trnk-nyc.com. If a dispute should arise related to a purchase of goods made on third party sites discovered through the site, we urge you to contact the customer support on those third party vendor partner websites. Before resorting to litigation, we urge you to contact us to see if we may be able to facilitate a resolution. However, we are in no way and under no circumstances liable for such a dispute between you and a third party vendor, or any harm past, present or future, that results from such a dispute.
III. REFERRAL PROGRAM
Our referral program allows you to invite your friends, and earn $15 to shop TRNK when those friends make their first purchase over $75!
By earning and spending referral credits on TRNK (“the site”), you are agreeing to the below set of Terms and Conditions.
- To enter our referral program, visit the “Invite Friends” tab of your TRNK account page (accessible after registering for the site). There you’ll find a unique URL that you can share with friends via email and social media.
- When your friends register for TRNK using your personalized invitation link, you’re eligible to receive a $15 shopping credit if he/she makes a purchase over $75 within 30 calendar days (Taxes, shipping costs, returns, fraudulent payments, chargebacks, and other fees excluded from the $75 threshold).
- Please note that in order to be eligible for referral credit, the friend must have registered using the invitation link provided to your registered TRNK account, while using a browser that accepts cookies. If a friend is referred by more than one party, only the party whose link is used to register is eligible for referral credit, regardless of who first issued the invitation.
- You are only eligible to receive referral credit for the first purchase made by the referred. Any additional purchases made by the referred customer do not qualify for earnings.
- There is no limit to the number or amount of referral credits you can earn. TRNK reserves the right for referral credit to expire 6 months from the date of issue. Referral credits may be used with other credits that TRNK has already issued to your account, but may not be used with certain promotional codes or offers.
- The referral credit program is limited to one referral account and email address per person. Anyone who registers using multiple accounts or email addresses will be subject to account termination if discovered. Any referral credit issued to you are subject to cancellation.
- You are not allowed to spam or send unsolicited emails to people you do not personally know. You also are not allowed to collect referrals by posting on message boards or other online venues.
- The TRNK referral program is limited to individuals only. Businesses and other organizations are not eligible to participate.
- Referral credits are issued to a single TRNK account at our sole discretion, and can be revoked at any time. They cannot be transferred, bartered, or sold.
- Referral credits are promotional / loyalty offers and are issued without any exchange of money or value from you, and you have no vested property right in the Credits. Referral credits have no cash value by themselves, and only have notational value of $15, if used in connection with an eligible purchase on the site. You cannot, under any circumstances, receive cash for your accrued referral credits.
- TRNK reserves the right to cancel your referral credits if it determines that you have violated the terms and / or the rest of TRNK’s Terms & Conditions. This includes any fraudulent or misleading referral activity (like creating fake accounts, email addresses, etc).
- TRNK reserves the right to cancel or change the Terms and Conditions of its referral program at any time. In the event of a program cancellation, any unclaimed credits will be null and void.
IV. GIVEAWAY RULES
By submitting an entry to “New Orleans Sweepstakes” (the “Sweepstakes”), you acknowledge that you have read and agree to be bound by these Official Rules and the decisions of TRNK New York LLC, and that you satisfy all eligibility requirements.
The Sweepstakes (“Sweepstakes”) is open to all US residents age 21 or older at time of entry. Employees of TRNK, Ace Hotel, Fathom, Cool Hunting and 3×1 (the “Sponsors”), their respective parents, subsidiaries, affiliates, advertising and promotion agencies, distributors, merchants involved with this Sweepstakes, and their immediate family members and/or those living in the same household of each are not eligible to enter or win. Sweepstakes governed by United States law. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. No purchase necessary to enter or win. A purchase will not improve your chances of winning.
HOW TO ENTER
To enter the Sweepstakes, follow all onscreen instructions to complete and submit the online entry form (“Primary Entry”). You can earn an Additional Entry in the Sweepstakes when you send the Sweepstakes page to a friend, age 21 or older, by following the Additional Entry instructions on the screen (“Additional Entry”). The friend must enter the sweepstakes through your referral in order to get an additional entry. All entries must be received by April 18, 2016 at 11:59PM ET (“Sweepstakes Entry Period”). Online entrants subject to all notices posted online including but not limited to Sponsor’s privacy policy.
PRIZES & APPROXIMATE RETAIL VALUES (“ARV”)
Prize includes a 2night stay at the Ace NOLA (Includes one large room, based on availability. Estimated prize value of $600), a dinner for 2 at Josephine Estelle (one meal, up to $175 in value, inclusive of tax and tip), an $800 travel voucher (in the form of an American Express gift card), $500 of shopping credit to TRNK, $500 of shopping credit to 3×1 and a custom travel itineray by Fathom and Cool Hunting. All prizes expire one year from date of issuance. Shopping credit is not redeemable for cash at any time. Winner has 7 days to respond to notification. If winner is unable or does not respond within 7 days, the prize will be forfeited, and an alternate winner may be selected from among the remaining eligible entries for that prize. Prizes may not be transferred or assigned except by Sponsor.
ODDS
Odds of winning depend on number of eligible entries received during the Sweepstakes Entry Period.
THE FOLLOWING APPLIES TO THE ABOVE
Winners will be selected in a random drawing from all eligible entries received. Random drawing will be conducted on or about April 22, 2016 by a representative from the Sponsor whose decisions are final. Winners will be notified by email and/or mail and at the judges’ discretion, will be required to complete and return an email confirmation of prize acceptance and possibly a Affidavit of Eligibility and Liability and a Publicity Release (“Affidavit/Release”) within 7 days of notification, or an alternate winner will be selected. Prize awarded within 30 days after receipt and verification of completed Affidavit/Release or prize notification. If a potential winner cannot be contacted, or if Affidavit/Release is returned as undeliverable or if the selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and may be awarded to an alternate winner. No substitutions are permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. Prize is not redeemable for cash and nonassignable and nontransferable except to a surviving spouse. Winner is responsible for all federal, state, local sales and income taxes. Any other incidental expenses on prize not specified herein are the sole responsibility of winner. Entry and acceptance of prize constitute permission to use winner’s name, prize won, hometown and likeness for online posting and promotional purposes without further compensation, except where prohibited by law. Limit: one prize per household.
Participating entrants agree to these Official Rules and the decisions of the Sponsor, and release,defend and hold harmless the Sponsor and its affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each, from all claims and liability relating to their participation, acceptance and use or misuse of prize. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use or redemption of prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
Winner acknowledges the Sponsor and all other businesses concerned with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of prize.
In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the “Authorized Account Holder” of the email address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, damaged, illegible or incomplete entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the independent judging organization, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to permanently disqualify from any sweepstakes it sponsors any person it believes has intentionally violated these Official Rules and cancel the Sweepstakes if it becomes technically corrupted (including if a computer virus, bot or system malfunction unalterably impairs its ability to conduct the Sweepstakes), and to select winner from among all eligible entries received prior to withdrawal. Legal Warning: ANY ATTEMPT BY AN individual, whether or not an ENTRANT, TO DELIBERATELY DAMAGE, destroy, tamper or vandalize this WEB SITE OR interfere with the OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS and SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES and diligently pursue all remedies against ANY SUCH individual TO THE FULLEST EXTENT PERMITTED BY LAW.
ARBITRATION
This Sweepstakes shall be governed by and interpreted under the laws of the State of New York, USA without regard to its conflicts of laws provisions. By participating, entrants agree that any and all disputes arising out of or relating in any way to this Sweepstakes shall be litigated only in courts sitting in New York, New York, USA.
CONFIDENTIALITY
By entering, the information you are signing up for the TRNK (www.trnk-nyc.com), Ace Hotel (www.acehotel.com), Fathom (http://fathomaway.com/), Cool Hunting (http://coolhunting.com/), and 3×1 ((http://3×1.us/) newsletters. Your information will never be sold to anyone. You can unsubscribe easily from www.trnk-nyc.com by clicking on the unsubscribe link in the bottom right of our emails. Information provided by you to participate in this Sweepstakes is subject to Sponsor’s privacy policy located at www.trnk-nyc.com/privacy
SPONSOR
TRNK New York LLC
PO Box 22430
Brooklyn, NY 11202
The personal information collected from each entrant in the course of the Sweepstakes will be used by TRNK for the purposes of administration of the Sweepstakes and as otherwise permitted in accordance with TRNK’s Privacy Policy. Please see TRNK’s Terms of Service for more information. TRNK reserves the right to alter any rules of any sweepstakes at anytime.
If you have a question or complaint, or need additional information or support, please contact us at info@trnk-nyc.com.