CONSUMER TERMS & CONDITIONS OF USE
Although you (“you”) have been looking at merchandise on a Tribe's website (for the sake of clarity, “website” as used herein means a site on the internet, mobile app, tablet app, or similar concepts) or a marketplace’s (“Marketplace”) website, any purchases that you make through this checkout will be made from Tribe I.N.C ("Tribe", “we” or “Company”). By visiting the Tribe Checkout, placing an order for the purchase of merchandise from Tribe, including through a Marketplace, and/or using your Tribe account, you are agreeing that such order for a purchase (a “Purchase”) is bound by the terms & conditions (“Terms & Conditions”) set forth herein.
- Nature of Transaction. Tribe contracts with online retailers, including the Retailer, and Marketplaces to make available retailers’ merchandise to consumers, such as you, for international delivery through the Tribe network. The high level view of the process (and your and our related rights and obligations) is as follows (please note this is only the high level view – with more specifics provided in these Terms & Conditions below):
- You choose merchandise on the Retailer’s website;
- ii. Through the Tribe Checkout, you will be provided with an opportunity to make a Purchase at a price and in a currency selected by you. Please note that the Purchase price total is exclusive of any surcharges that may be imposed by the issuing bank of any credit card you use for the Purchase.
- If you want us to purchase the merchandise from the Retailer on your behalf (and pay to us the amounts presented to you in the Tribe Checkout and have the Purchase be based on the terms and conditions presented in the Tribe Checkout and these Terms & Conditions), you will give us your final indication that you want the merchandise (e.g., by clicking the "Submit Order" button (or equivalent) to make a purchase) through the Tribe Checkout. Tribe will send you an order received email stating that your Purchase request has been received. To be absolutely clear, by making a Purchase through the Tribe Checkout, you acknowledge that your transaction will be with Tribe, not with the Retailer.
- Please note that when you click the "Submit Order" button (or equivalent) this does not mean that your Purchase has been accepted, as all orders are subject to acceptance by Tribe. We are not obliged to accept and/or process your Purchase and may, at our discretion, decline to accept and/or process your Purchase. You do, however, acknowledge that by clicking on the "Submit Order" button (or equivalent), you enter into an obligation to pay for your Purchase in the event that your Purchase is accepted by us. Upon successful verification by Tribe of the payment information you provide, Tribe will purchase, with its own payment information, such merchandise from the Retailer for the sole purpose of reselling it to you.
- After Tribe has purchased the merchandise from the Retailer and before Tribe accepts your Purchase, Tribe will authorize the price total through the payment method that you have selected. Tribe will not capture payment from you at this time, unless your payment method is immediate capture, rather, a hold will be placed on the price total until the time when Tribe accepts your Purchase. If your payment method is immediate capture, you will see the price total taken from your account but you will not actually be charged and the price total will be held tentatively pending Tribe’s acceptance of your Purchase. If we successfully authorize or capture the price total, we will send you an order confirmation email to that effect. You acknowledge that if Tribe is unable to verify the payment information you provide (automatically or otherwise), Tribe representatives may contact you and/or your tender type issuer and/or take other actions (including looking at publicly available information) to confirm your identity and/or your intent to place the order. If the merchandise does not arrive at Tribe’s facility within thirty (30) days of your Purchase, the price total authorized through your payment method will be released.
- If Tribe has not accepted your Purchase, Tribe makes no commitment of any kind to provide merchandise to you and no contract is formed between you and Tribe. If we have successfully authorized the price total, Tribe will accept your Purchase at the point in time when we receive the merchandise that you ordered from the Retailer. We will send you a shipment confirmation email and capture the price total that we had previously authorized when we ship the ordered merchandise to you.
- The merchandise in your Purchase shall materially conform to the product description of such merchandise that you viewed (prior to purchase) on Retailer’s website. If you are under 18 years old, considered a minor in your local jurisdiction, or the equivalent thereof, you may use the Tribe Checkout only with the permission and involvement of a parent or guardian. To the extent not prohibited by applicable law and subject to the provisions of these Terms & Conditions, Tribe reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- Pricing and Billing. Tribe strives to provide accurate pricing information regarding the products. Tribe cannot, however, insure against pricing errors. Tribe reserves the right, at its sole discretion and before a contract is formed (as described in Section 1 above), to not process or to cancel any orders placed for a product that was priced incorrectly on a Retailer website or in the Tribe Checkout as a result of an error. If this occurs, Tribe will notify you by email. In addition, Tribe reserves the right, at its sole discretion, to correct any error in the stated price total and may contact you with the corrected price total for your acceptance. If the corrected price total is lower than the original price total stated, a refund will be issued to you for the difference. If the corrected price total is higher than the original price total stated, you will be presented with one or more payment options, and if you choose to accept the corrected price total, you will be billed by Tribe.
- Returns. As noted above, although you have been looking at merchandise on a Retailer’s or marketplace’s website or app, any Purchases that you make through this Checkout are made from Tribe. We are ultimately responsible for facilitating delivery of a Purchase to you and facilitating returns.
- Electronic Communications. When you visit the Tribe Checkout or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Copyright. All content included on the Tribe Checkout, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tribe
- Force Majeure. Tribe shall not be liable for any damage, loss, cost or expense arising in connection with any failure in performing any obligation caused by any circumstance beyond its reasonable control, including, without limitation, acts of God, acts of governments, natural disasters, strike, lockout ("Force Majeure"). Upon the occurrence of any event of Force Majeure, we will promptly inform you and in the event of any delay, the obligation to deliver shall be suspended.
- Severability. These Terms & Conditions state the entire agreement between you and Tribe, although nothing in this Section shall operate to exclude any representation made by Tribe fraudulently. If any term or condition herein shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining terms shall not in any way be affected or impaired thereby. You and Tribe agree that it is our mutual intent that these Terms & Conditions, including without limitation any limitation of liability herein, be enforced as written, but otherwise to the maximum extent allowable by law.
Last updated May 17, 2021