Terms & Conditions
Thank you for visiting TheGildedThistle.com. We have prepared the information below to ensure that your experience on our website is one you’ll want to repeat again and again. The Gilded Thistle, LLC 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 TheGildedThistle.com and thereby bypass this agreement, your use of this site still binds you to the terms. Since The Gilded Thistle 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.
This website is expressly owned and operated by The Gilded Thistle, LLC. The mailing address for The Gilded Thistle, LLC is 2750 FM 1463, Ste. 15043, Katy, TX 77494. Unless otherwise noted, all design and content featured on TheGildedThistle.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 TheGildedThistle.com. 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 The Gilded Thistle, LLC. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from The Gilded Thistle, LLC. 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, The Gilded Thistle, LLC 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. The Gilded Thistle, LLC 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 TheGildedThistle.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 product of The Gilded Thistle, LLC is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, The Gilded Thistle shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Gilded Thistle, LLC 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, The Gilded Thistle shall issue a credit to your credit card account in the amount of the incorrect price.
At TheGildedThistle.com, we go out of our way to select distinctive merchandise. 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 TheGildedThistle.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.
Product Pricing Information
The prices displayed on the website are quoted in U.S. Dollars and are valid and effective only in the United States.
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 The Gilded Thistle, LLC, 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, TheGildedThistle.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 TheGildedThistle.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 TheGildedThistle.com shall become and remain the property of The Gilded Thistle. 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.
Social Media Contests
Throughout the year The Gilded Thistle will run many different social media contests. Follow the instructions listed in the social media post to enter the content. Winner will be chosen according to posted guidelines. Winner will be contact within 48 hours of selection. Should winner not reply within 7 days, a second winner will be chosen at random.
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 The Gilded Thistle, LLC, for notice of claims of copyright infringement is DMCA Designated Agent who can be reached as follows:
by mail at 2750 FM 1463, Ste. 15043, Katy, TX 77494
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.
The Gilded Thistle Arbitration Agreement
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and The Gilded Thistle, LLC and its subsidiaries agree that any controversy, claim, action, or dispute in any way related to your use of any The Gilded Thistle website, any purchase from The Gilded Thistle, or to any products or services sold or distributed by The Gilded Thistle (“Dispute”) will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).
Informal Dispute Resolution.
Either party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to The Gilded Thistle at:
2750 FM 1463, Ste 15043
Katy, TX 77494
ATTN: Legal Department
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and The Gilded Thistle agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Scope of Arbitration Agreement.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. Accordingly, you and The Gilded Thistle agree to give up the right to go to court to assert or defend rights under this Arbitration Agreement and with respect to any Dispute (except small claims, as described below). You and The Gilded Thistle expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this Arbitration Agreement.
Right to Bring Small Claims in Court.
Instead of arbitration, either you or The Gilded Thistle may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
How Arbitration Works.
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules.
Waiver of Right to Bring Class Actions and Representative Claims.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and The Gilded Thistle agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and The Gilded Thistle hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration. Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the Commonwealth of Texas. The terms of the Arbitration Agreement provisions shall survive after your relationship with The Gilded Thistle and/or use of our websites or other services and products ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.