TERMS OF SERVICE

The website https://terporium.com/ along with any other URL, mobile application or similar technology that redirects to or facilitates access to the website (together, “Terporium”, “we”, “us” or “the Website”) is owned and operated by Terporium LLC, a Limited Liability Company duly incorporated in and existing under the laws of the State of California, with Company Number 202103210841 and Registered Office at 444 Airport Blvd. STE 117 Watsonville, CA 95076.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE TERPORIUM WEBSITE. BY USING, ACCESSING, OR PURCHASING ANY PRODUCT FROM THE WEBSITE, YOU CONFIRM THAT YOU ARE OF AT LEAST 21 YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE) AND AGREE TO BE BOUND BY OUR TERMS OF SERVICE SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU ARE ADVISED NOT TO CONTINUE USING THE WEBSITE ANY LONGER.

1. PLACING AN ORDER

Terporium was born out of a friendship with a mutual love for glass, function, design, and terps. Our products and services are available exclusively online through the Website. Some of these products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display the colors and images of our products as accurately as possible, however, we cannot guarantee that your computer monitor or phone’s representation of such display will be exact or accurate.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We may exercise this right on a case-by-case basis. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Orders shipping to a different address or name other than the credit/debit cardholder at the credit/debit card holder’s billing address may be subject to a secondary verbal credit/debit card verification from the credit/debit cardholder and may require additional time to ship. The order must be verbally verified within 72 hours from the time of purchase. You can request an extension of time by emailing us at support@terporium.com. If the order is not verbally verified with the credit/debit cardholder within 72 hours and we have not received an email request for an extension of time, the order will be canceled and subject to a 5% cancellation fee. Orders over $300.00 may be subject to secondary verbal credit/debit card verification. Notwithstanding the above, we reserve the right to verbally verify any order at any time with or without reason at our sole discretion.

Please note that all descriptions of products or product pricing are subject to change at any time with or without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any product.

2. PAYMENT POLICY

Terporium adheres to strict industry security standards for payment processing and accepts online payment through all international credit cards, debit cards, Apple Pay, Google Pay, PayPal, Wire Transfer, and even cryptocurrency (major coins only). We do not accept checks, money orders, or any type of Collect on Delivery (COD). Our Website uses Authorize.net/plugin for processing all digital payments and Blockonomics for all crypto payments. To know more about Authorize.net please click here. To know more about Blockonomics please click here. All prices mentioned in the Website are final and inclusive of applicable taxes unless mentioned otherwise. It is your responsibility to ensure that a valid card number and billing address is provided for us to successfully process your payment. If your card is issued in a foreign currency other than $USD, pricing will depend on applicable foreign exchange rates as per your bank’s rules and regulations. In case you have any question about the pricing or method of payment, feel free to reach out to our customer support before making the payment. We do not store any financial information including card details from our customers and accept no liability for any error in any third-party payment gateway under any circumstances whatsoever.

3. RETURN AND REFUND POLICY

Although we sincerely believe you will not require a reason to send back any of our products, in the unfortunate scenario that you do, please note you have 30 days to return it from the date you received it. Used items and clothing are not returnable. You will be responsible for paying for return shipping. To be eligible for a return, your item must be unused and in the same condition that you received it. To return an item, please e-mail us at support@terporium.com or call/text (831)200-3549 so we can send you further instructions. You must return your item in its original packaging. Please include your order number inside the package. Please note that we do not accept returns on 2nd Quality Quartz.

If upon receiving your order, you find something is damaged, defective, missing, or incorrect, you must e-mail us at support@terporium.com or call/text (831)200-3549 within 48 hours of receiving your package to qualify for a replacement. All emails should include your order number, a description of the type of damage, or what item is missing/incorrect. Pictures will likely be required. Please keep all packaging materials for evidence of shipping damage. We may request that you send the damaged or incorrect item(s) back to us. If so, we will email you a return shipping label free of charge and a replacement will be shipped once we receive the item(s). If you break or crack an item after it has already been used, we will not issue a replacement. Items backed by a Manufacturer’s/Artist Warranty will be replaced or repaired by the Manufacturer/Artist. Please note your acceptance of the replacement/ refund shall constitute your sole and exclusive remedy related to the purchase made.

4. FEEDBACK AND REVIEWS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

5. PROHIBITED USES OF THE WEBSITE

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website. We reserve the right to terminate your access to our Website for violating any of the above.

6. SUSPENSION OF SERVICE

Terporium reserves the right to fully or partially suspend, discontinue, or cease providing, at any time and from time to time, temporarily or permanently, any of their products or service with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. All provisions of these Terms of Service which by their nature should survive such suspension or termination shall survive, including, without limitation, intellectual property ownership, warranty disclaimers, indemnity and limitations of liability.

7. THIRD PARTY LINKS AND ADVERTISEMENTS

Terporium may occasionally provide external links and advertisements submitted by or directed towards third party websites and services. Unless expressly stated otherwise, such advertisements do not signify that Terporium endorses and/or is associated with such third-party websites and services in any manner including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. We accept no responsibility for third party advertisements contained within Terporium. If you agree to purchase goods and/or services from any third party who advertises on this Website, you do so at your own risk and these Terms of Service remains no longer applicable. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not to us.

8. DISCLAIMER OF WARRANTIES

By using the Terporium Website, you hereby acknowledge and agree that such usage is at your sole risk and responsibility. To the maximum extent permitted by applicable law, Terporium is provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, including, but not limited to, all warranties of quality, accuracy, completeness, reliability, conditions of merchantability, fitness for a particular purpose, title or non-infringement. We do not warrant that the products and services offered through Terporium will meet your specific requirements, that the Website will be uninterrupted or error-free or free from viruses or similar harmful matter or that any defects in Website will be immediately corrected. No oral or written communication offered by Terporium will create any warranty for this purpose.

9. LIMITATION OF LIABILITY

Under no circumstances will Terporium any of its directors, shareholders, employees and agents be liable for any incidental, consequential, or indirect damages including, but not limited to, business interruption, damages for loss of profit, loss of data, loss of goodwill and the like arising out of the use or inability of use of the service/ information provided on or downloaded from the Website, or any delay in the processing of such information or services. For removal of doubt, this includes situations where there is any failure or delay in performance of any of the obligations under these Terms of Service that is caused by events outside our reasonable control (force majeure events). Notwithstanding the above, nothing under these Terms of Service will limit or exclude any liabilities that may not be excluded under applicable law.

10. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Terporium, its officers, directors, employees, agents, consultants, representatives and agents from and against all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with (a) your use of or inability to use Terporium (b) your violation of any provision of these Terms of Service or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. Terporium reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will offer complete cooperation with Terporium in asserting any available defenses.

11. INTELLECTUAL PROPERTY

All information and content displayed in the Website including text, graphics, designs, photographs, videos, typefaces, look and feel, format, and the like is fully owned and/or licensed by Terporium unless expressly specified otherwise, and are protected by international laws on patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names and other applicable rights. By agreeing to these Terms of Service you understand and agree to not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, any material on or from Terporium, including text, graphics, logos and designs for any purpose whatsoever or allow any third party to do so. Please notify us immediately if you believe any content found on or linked to by this Website violates your intellectual property rights. Upon presentation of suitable proof, Terporium will act as required or appropriate under applicable law, including deleting any such content or link to the infringing material.

12. ELECTRONIC COMMUNICATIONS

The communications between you and Terporium use electronic means. For contractual purposes, you (a) consent to receive communications from Terporium in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Terporium provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. With your informed consent (opt-in), such electronic communication may also include periodic emails and/or other messages for our internal marketing and promotional purposes. We take all reasonable measures to ensure that our marketing communications are compliant with the applicable laws.

13. GENERAL INFORMATION

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to principles of conflict of laws, and all disputes as to the validity, execution, performance, interpretation or termination of these Terms will be submitted to the exclusive jurisdiction of the competent courts thereof. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, such invalidity will not affect the enforceability of any other part or provision of these Terms.

Terporium reserves the right, at their sole discretion, to modify these Terms of Service at any time, and such modifications shall be effective immediately upon posting of the same on the Website. 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. You agree to review this document periodically to be aware of such modifications and your continued access or use of the Terporium Website shall be deemed as a conclusive acceptance of such modified Terms of Service.

If you have any further questions, comments or requests regarding these Terms of Service, please contact us at support@terporium.com.

For correspondence by mail, our mailing address is:

Terporium

PO Box 305 

Aptos, CA 95001

These Terms of Service were last updated in February 2023.