Terms of Service
Effective Date: May 1, 2025
Welcome to NettysNovelties! We are delighted to offer you a curated selection of resourced hidden treasures. Please read these Terms of Service carefully before accessing or using our website and purchasing our unique items.
1. Agreement to Terms
By accessing or using any part of the NettysNovelties website (the “Site”), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
2. About NettysNovelties – More Than Just a Store
NettysNovelties is a Salt Lake City, Utah-based business dedicated to the art of discovering and rehoming unique second-hand goods. We are NOT a multi-vendor marketplace. Instead, we personally source each item, carefully selecting what we believe to be “hidden treasures” or “gems” that deserve a new life. Our collection consists exclusively of second-hand items, each with its own history and character.
3. Products and Condition
We specialize in selling resourced second-hand goods. While we endeavor to select only top-quality merchandise, it is important to understand that these items are pre-owned and may exhibit signs of wear, age, or minor imperfections inherent to their history. We will do our best to accurately describe the condition of each item through descriptions and photographs. By purchasing from NettysNovelties, you acknowledge and accept the second-hand nature of our products and the potential for such characteristics.
4. Orders and Payment
All orders placed through the Site are subject to acceptance by NettysNovelties. We reserve the right to refuse any order for any reason.
Prices for our products are subject to change without notice.
We accept various forms of payment as indicated on our Site. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.
5. Shipping and Delivery
Shipping costs and estimated delivery times are outlined in our Shipping Policy, which is incorporated into these Terms of Service by reference. We will make reasonable efforts to ship orders in a timely manner, but we are not responsible for delays outside of our control.
6. Returns and Refunds
Our policy on returns and refunds is detailed in our Return Policy, which is incorporated into these Terms of Service by reference. We aim to ensure your satisfaction with your unique find.
7. Intellectual Property
The content, design, and layout of the NettysNovelties Site, including but not limited to text, graphics, logos, images, and product descriptions, are the intellectual property of NettysNovelties and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or modify any content from the Site without our express written permission.
8. User Conduct
By using our Site, you agree not to:
- Use the Site for any unlawful purpose or in violation of any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- Submit false or misleading information.
- Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
- Collect or track the personal information of others.
- Spam, phish, pharm, pretext, spider, crawl, or scrape.
- Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
9. Disclaimer of Warranties; Limitation of Liability
Our service and all products delivered to you through the service are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall NettysNovelties, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
10. Indemnification
You agree to indemnify, defend, and hold harmless NettysNovelties and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
11. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
12. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
13. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
14. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Utah, United States of America.
15. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
16. Contact Information
Questions about the Terms of Service should be sent to us at [Insert your support@nettysnovelties.com.