Terms & Conditions

TCFLinen Terms and Conditions (Updated October 2024)

The website located at www.tcflinen.com, including its subpages (collectively referred to as the “Site”), is operated by Ya Ya Creations, Inc. and its affiliated entities (collectively “TCFLinen,” “we,” or “us”).

These Terms and Conditions ("Terms" or "Agreement") set forth the rules and guidelines that govern your use of the Website and the purchase of any products offered for sale on the Website ("Products"). By using the Website or purchasing Products, you enter into a binding agreement with TCFLinen.

Important: this agreement includes a mandatory arbitration provision and a class action waiver, which means you are waiving your right to a trial by jury or to participate in a class action lawsuit. Arbitration is the sole means for resolving any disputes, unless otherwise stated or if you choose to opt-out.

Please read these Terms carefully before accessing or using the Website or making any purchases. If you do not agree with all the terms outlined in this Agreement, do not use the Website or buy any Products from it. For any questions, you can contact us at sales@tcflinen.com.

License

TCFLinen grants you a personal, non-exclusive, non-transferable, and revocable limited license to access and use the Website strictly for personal purposes and in compliance with these Terms. If TCFLinen updates the Website, these Terms will also apply to any such updates unless a separate license agreement accompanies the update. All rights that are not explicitly granted in these Terms are reserved by TCFLinen. You may download, print, and access materials from the Website as long as you retain all proprietary notices, trademarks, and other identifying information found on those materials. All other rights remain with TCFLinen.

Ownership and Content on the Website

The Website contains various materials related to TCFLinen’s products and services, including but not limited to text, images, files, designs, videos, audio clips, graphics, logos, button icons, software, and other content (collectively, the "Content"). This Content includes trademarks, service marks, copyrights, and other intellectual property owned by TCFLinen, its licensors, or third parties.

All rights, title, and interest in the Content and the Website belong to TCFLinen, its licensors, or third parties and are protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property laws. Using the Website does not give you any ownership or rights to the Content beyond what is explicitly stated in these Terms.

Unless otherwise permitted by these Terms, you may not copy, reproduce, distribute, publicly display, or otherwise exploit any portion of the Website or its Content without prior written permission from TCFLinen. This includes actions such as uploading, posting, mirroring, or transmitting Content to other websites, computers, or servers for commercial purposes.

No part of the Website or its Content should be interpreted as granting any license or right to use the Website or the Content unless explicitly allowed by these Terms or with our prior written consent.

No Guarantee of Website Access

We reserve the right to modify, update, or make changes to the information, services, products, or other materials on this Website at any time, at our sole discretion. We may also discontinue the Website or limit your access without prior notice. We are not responsible for any harm or damages arising from the removal or restriction of access to the Website. Additionally, we may impose restrictions or limits on your use or access to certain parts of the Website, at any time and without liability or notice.

The Website, as displayed on or accessed from your mobile device or computer, may not be available in every language or region. We do not guarantee that the Website is suitable or accessible in every location. If you choose to access the Website, you are responsible for complying with all relevant local laws and regulations.

Information You Provide and We Collect

The collection and handling of your personal information are governed by our Privacy Policy, which also covers our collection of technical data related to your visits to and interactions with the Website. California residents have certain consumer rights as outlined in our Privacy Policy, under the California Civil Code Section 1789.3 and the California Consumer Privacy Act.

User Conduct

By using the Website, you agree to follow these Terms and refrain from engaging in actions or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening, or that disrupt others' use of the Website; (b) contain viruses, malware, worms, or other harmful elements intended to damage, interfere with, or steal any system, data, or personal information; (c) promote illegal activities; (d) violate intellectual property or proprietary rights, including copyrights, trademarks, or trade secrets of third parties; (e) infringe on the privacy rights of individuals, including other Website users; (f) disrupt or impede the operation, access, or usability of the Website for other legitimate users; or (g) violate any applicable local, state, national, or international law.

Furthermore, you agree not to (h) attempt to gain unauthorized access to any part of the Website or our networks, systems, or servers through hacking, password mining, or any other illegal methods. You are also prohibited from (i) accessing, copying, monitoring, circumventing, or creating derivative works from any part of our Website, systems, or servers in an effort to obtain any Content (as defined below), materials, documents, or information through means not intentionally provided through the Website. You also agree not to sell, license, or distribute any such Content, materials, documents, or information. We reserve the right to prohibit such activities at our sole discretion.

You acknowledge that the Website, along with any related blogs, articles, or information, is provided for informational purposes only. The opinions expressed by the authors of these articles, including our employees and guest contributors, reflect their individual views and do not represent the official views of TCFLinen.

Except where specifically allowed, you may not rent, lease, lend, sell, redistribute, or license any Content, Website materials, products, or services, nor may you create derivative works from the Website or its content. You also may not copy, modify, or attempt to extract the source code of the Website or its services without explicit permission.

If you create an account to access the Website, you agree to provide accurate, current, and complete information to TCFLinen. You are responsible for maintaining the security of your username and password and assume all responsibility for any activity under your account. Please notify TCFLinen immediately if you suspect unauthorized use or loss of your login credentials.

User Content Guidelines

When you post images, reviews, comments, or any other form of content on TCFLinen’s website or associated platforms (such as blogs, social media, or community sites), this becomes what is known as “User Content.”

Please ensure you do not share photos or videos of others, such as friends or family, without first obtaining their permission. User Content must not include material that is defamatory, offensive, obscene, pornographic, sexually suggestive, discriminatory, hateful, or used for commercial purposes. Additionally, the platform is not meant to be used for political or policy discussions.

By sharing content, you confirm that you are the sole creator and owner of this content and that, to the best of your knowledge, it does not infringe on the rights of any third party. You grant TCFLinen the authority to use, modify, remove, or take any legal action regarding the User Content on your behalf.

Copyright Claims and DMCA Procedures

If you believe your copyrighted work has been unlawfully copied or your intellectual property rights have been violated, you may file a copyright infringement notice in accordance with the Digital Millennium Copyright Act (DMCA) by providing the following information to the email privacy@yayacreations.com.

• A physical or electronic signature of the individual authorized to act on behalf of the copyright or intellectual property owner.
• A clear description of the copyrighted work or other intellectual property that you claim has been infringed. If applicable, identify the specific intellectual property (e.g., trademark or patent) involved.
• A detailed description of the location of the alleged infringing content on TCFLinen’s website.
• Your contact information, including your address, phone number, and email.
• A statement affirming your good faith belief that the use of the disputed material is unauthorized by the copyright owner, its agent, or the law.
• A declaration made under penalty of perjury that the information provided in your notice is accurate, and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

Ordering from Our Website

All purchases made through our website are subject to approval at our sole discretion. This means that TCFLinen reserves the right to reject or cancel any order at any time, for any reason, even after confirmation. However, if we cancel or reject your order, you will be entitled to a refund.

TCFLinen reserves the right to alter product details, pricing, or availability without prior notice, whether the products are featured on or off the website. We strive to ensure that all information is accurate, but reserve the right to retract any offers and correct any errors or inaccuracies without notice.

However, once an order is complete, prices may need to be reviewed and adjusted on an exception basis. Items in your shopping cart will reflect the most recent price displayed on the item’s product detail page.This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn’t reserve the price shown at that time. It is also possible that an item’s price may decrease between the time you place it in your cart and the time you purchase it. TCFLinen’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed.

TCFLinen must receive payment before an order is accepted, unless otherwise arranged. By placing an order, you agree to the Terms and Conditions on this website and any additional terms related to the specific products you are purchasing.

Receiving an order confirmation does not mean we have accepted your order. We reserve the right to accept, reject, or modify orders, including supplying fewer items than ordered. If we cannot fulfill the entire order, you may choose to:

• Proceed with the order and receive a refund for any missing items.
• Cancel the order and receive a refund.

Please double-check your order details for accuracy. We may place orders with incorrect or incomplete information on hold without prior notification. If we cannot reach you within 7 days, your order may be canceled and refunded.

Payment Methods

We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error or any act or omission by the Payment Processor. By making a purchase, you agree to pay us, through the Payment Processor, all charges at the prices then in effect, including, without limitation, all shipping and handling charges, in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You represent and warrant that you have the legal right to use any payment method(s) utilized in connection with any transaction. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If We, through the Payment Processor or otherwise, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. Fees will be charged in the local currency of your shipping address. You are responsible for paying all fees and applicable taxes associated with the Services in a timely manner with a valid payment method. If your payment method fails or your account is past due, We may collect fees owed using other collection mechanisms. If your Payment Method is not authorized or accepted, TCFLinen reserves the right to cancel your order without notice and with no further liability or obligation to you. TCFLinen reserves the right to stop accepting credit cards from one or more issuers at any time and for any reason.

Tax charges are based on applicable federal, state, provincial, and harmonized sales tax rates based on the delivery address associated with your order. Where required by law, sales tax will also be applied to the shipping and handling charges. If you are making a purchase for a tax-exempt organization or are an individual that qualifies for a tax exemption, please contact our customer service team at sales@tcflinen.com to verify your tax exempt status and receive a refund of tax amounts for which you qualify, if any. All requested forms and information must be received and verified by our customer service team before a tax refund can be processed. If you make a purchase from Canada, you agree that you are the Importer of Record for all products shipped to you and are ultimately the party responsible for paying any customs duties or other fees and taxes associated with products crossing the border into Canada.

Order Changes, Cancellations, and Errors

To ensure fast processing, we typically cannot change or cancel orders once they are being prepared for shipment. Please review your cart carefully before finalizing your order. If you need to make a change or cancellation, contact us immediately via live chat.

If your request is submitted outside of business hours (Mon-Fri | 5:00 am - 9:00 pm PST, Sat-Sun | 9:00 am - 6:00 pm PST) email us at sales@tcflinen.com before the next business day starts. While we will do our best, we cannot guarantee that changes or cancellations will be processed in time.

Out of Stock Items

When an item in your order is out of stock, you may be notified via email or phone. Depending on the order, we may offer several options:

1. Partial Shipment: We may offer to ship the available items first. If you choose this option, we may choose to ship separately, or will refund you for the out-of-stock items using the original payment method.
2. Full Shipment Later: You can wait for the out-of-stock items to be restocked, and we will ship your entire order when those items become available.
3. Order Cancellation: If neither option works for you, you may cancel the order entirely. In this case, a full refund will be issued, and you will receive confirmation via email.

Handling Order Errors

Order errors include situations where items are damaged, incorrect, or missing from your order. It’s important that you review your order immediately upon receipt. If you find any issues, please notify us within 7 business days of receiving your order, so we can resolve the issue for you. If we don’t hear from you within this timeframe, we’ll assume everything with your order is correct, and we may no longer be able to assist with any issues that come up later.

Shipping Carrier Issues

We are not responsible for any mistakes or delays caused by shipping carriers once the order leaves our warehouse. Here are important points to note:

1. UPS Claims: If UPS is used and makes an error (damages, wrong delivery, delayed expedited packages, etc), you may request us to file a claim on your behalf.
2. USPS Claims: No claims can be filed if the shipping carrier used is USPS.
3. Shipping Delays: Delays caused by weather, natural disasters, accidents, or if you are unavailable for delivery, are outside our control. These issues will not be considered late deliveries, and we are not responsible for them.
4. Shipping Refunds: Refunds on shipping costs will only be processed if the carrier approves your claim. If the shipping carrier does not reimburse the shipping fees, we cannot offer compensation, as your order left our warehouse in a timely manner. Please note that UPS Ground is not guaranteed for specific delivery times. We are not responsible if you are unavailable at time of delivery, this will not be considered a late delivery.

Returned or Refused Packages

If a package is refused at the destination or returned after multiple failed delivery attempts (due to reasons such as an incorrect or incomplete address), the following rules will apply:

1. Shipping Costs Deducted: The original shipping cost will be deducted from the refund, even if the order was shipped using a free shipping method.
2. Return Shipping Costs: For refused or returned packages, any return shipping fees and customs or duty charges (for international orders) will also be deducted from your refund.

Notice and Communication Policy

We primarily communicate via email and live chat, but may also reach out using the phone number provided on your account. Please ensure our emails are not being filtered into your spam or junk folders, as we cannot be held responsible for missed communications due to these filters.

If you need to contact us, please do so through email or our live chat system via our contact us page.

Dye Lot Variations in Products

Due to high demand, we work with multiple manufacturers, and slight variations in color or shade may occur between batches of the same product. While we guarantee color consistency within the same order (e.g., all 500 Red Satin Napkins will match), reorders placed at a later date may not 100% match exactly.

Returns of Non-Qualifying Merchandise

Please be aware that merchandise that does not meet our return qualifications (used, opened, etc.), or items returned after the permitted return period, will not be accepted. In such cases, the items will remain your property, and it will be your responsibility to arrange for their pickup from our warehouse within 14 days of the return delivery. If we are not contacted, or if pickup arrangements are not made within this time, we will assume the merchandise is no longer wanted. At that point, we reserve the right to dispose of the items without offering any compensation to you, the customer.

Disclaimer of Warranties

The website and its content are provided “as is” for general information purposes without any warranties or guarantees.

We do not guarantee that your experience with the website will be uninterrupted or error-free, that defects will be fixed, or that the website or its servers are free of viruses or other harmful elements. You assume full responsibility for your use of the website and any reliance on its content.

We expressly disclaim any and all warranties, whether express or implied, oral or written, including but not limited to implied warranties of merchantability, quality, security, timeliness, accuracy, fitness for a particular purpose, and non-infringement.

This disclaimer does not apply in New Jersey, where different legal standards may apply.

Limitation of Liability

In no event shall TCFLinen, its affiliates, subsidiaries, or any of their officers, directors, employees, sponsors, or agents be held liable for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages arising out of or related to your use of the website or the information presented on the website, even if TCFLinen has been informed of the possibility of such damages. This limitation applies regardless of whether the claims are based on contract, tort, negligence, strict liability, or any other legal theory.

Your sole and exclusive remedy for dissatisfaction with the website is to cease using it. Regardless of the aforementioned limitations, TCFLinen’s liability under these terms will not exceed either the amount you spent to use the website, if any, or $500, whichever is less. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you in whole or in part.

Any claims arising from these terms must be filed within one (1) year from the date the claim arises, or they will be considered permanently barred. All claims you file are subject to the limitations of liability outlined above.

Dispute Resolution by Binding Arbitration and Class Action Waiver

These Terms, along with any issue or disagreement that arises from or is related to your use of the Website, the Privacy Policy, or any transaction with TCFLinen (including the purchase of products from the website), shall be governed exclusively by the laws of the state of Delaware, and not by the 1980 U.N. Convention on contracts for the international sale of goods. If a dispute arises under these Terms, both parties agree to first attempt to resolve it informally by sending a written description of the dispute, supporting documents, and proposed resolutions. You must send your dispute notification to: TCFLinen, Inc., 13155 Railroad Ave., City of Industry, CA 91746, Attn: General Counsel. TCFLinen will contact you at the billing address you provided when purchasing a product or another address you’ve submitted through the Website.

If the dispute remains unresolved, both parties agree to submit it to binding arbitration before a single arbitrator, governed by the American Arbitration Association (“AAA”) and exclusively in the state or federal courts located in Los Angeles County, California. Either party may initiate arbitration by submitting a written request to the AAA and notifying the other party. Arbitration will proceed according to the AAA’s Commercial Dispute Resolution Procedures, specifically the Supplementary Procedures for Consumer-Related Disputes, as in effect when the arbitration is requested. TCFLinen will cover the filing and arbitrator fees. Any decision reached by the arbitrator may be enforced by any court of competent jurisdiction. However, the following are excluded from arbitration and may be pursued in the state or federal courts in Los Angeles County, California: (i) any claims regarding the validity of proprietary rights such as trademarks, copyrights, or trade secrets; and (ii) claims for injunctive relief, either temporary or permanent.

Unless you opt out of arbitration within thirty (30) days of either first using the Website or submitting personal information (whichever comes first), you waive your right to participate in class actions or class-wide arbitration. To opt out of the arbitration agreement, contact us at sales@tcflinen.com within thirty (30) days of first accessing the Website or submitting personal data. After that time, opting out is no longer available.

General Provisions

If any part of these Terms is found to be unlawful, void, or unenforceable by an arbitrator or a court of competent jurisdiction, that portion will be severed, and the rest of the Terms will remain in effect. Unless specifically stated in these Terms, failure by either you or TCFLinen to enforce any rights or take any action will not result in a waiver of those rights. You are not permitted to assign or transfer your rights or responsibilities under these Terms without the written consent of TCFLinen. However, TCFLinen may freely assign or transfer its rights and obligations under these Terms without restriction. These Terms are binding upon and will benefit both parties, along with their successors and permitted assigns.

The trademarks, logos, product, and service marks are trademarks owned by or licensed to TCFLinen or its affiliates. You agree not to display or use the trademarks in any manner and may not be used without prior written permission. All other trademarks are owned by their respective owners.