SECTION 1

Order Fulfillment Services

There are 2 lead times to consider for every order:

a. Fulfillment and transit times
At Theory 47, the fulfillment process includes the following: importing orders from our online store, packaging, and leaving a package ready for carrier pickup. Theory 47 has a maximum lead time of 2 business days to achieve the above. This means that if an order is received by Theory 47 on Monday, it will be ready for pickup by Wednesday at the latest. If an order is received by Theory 47 on a Friday, it will be ready for pickup by Tuesday of the following week at the latest, and so forth. Under exceptional circumstances, such as but not limited to: unexpected order fulfillment volume surge, shortage of fulfillment staff members, software or technical issues, and/or connection issues for your online store, this lead time could be extended with or without previous and formal notice.
In addition to the 2 business days for fulfillment, you need to consider the *estimated transit times for the order to be delivered by the carrier to Our Clients. Theory 47 is not a shipping carrier, and thus we rely on the carriers below for our shipping operations on behalf of our online store:
- USPS Domestic (US): estimated of 3-7 business days.
- UPS Domestic (US): estimated of 3-5 business days.
- GlobalPost (International): estimated 10-14 business days.
- UPS Worldwide (International): estimated 10-14 business days.

*This is an estimation provided by the carriers, and thus it is not a guarantee. Therefore, the transit times may be shorter or longer based on several logistical factors such as weather, work force shortage or strikes, order volume surge due to holidays, etc.

Below, you will find estimated lead times (Fulfillment + Transit) This is to help ensure Our Clients know what to expect at the time of purchase:
- USPS Domestic (US): 5-9 business days approx.
- UPS Domestic (US): 5-7 business days approx.
- GlobalPost (International): 12-16 business days approx.
- UPS Worldwide (International): estimated 12-16 business days.

SECTION 2
Fulfillment Center Operation Hours

Our US based Fulfillment Center is located at:

1615 Lakes Pkwy, Suite C, Lawrenceville, GA 30043 USA

Theory 47 fulfills orders Monday-Friday, between 8am to 2pm, with the exception of the following US Federal holidays:
a. New Year’s Day.
b. Independence Day.
c. Labor Day.
d. Thanksgiving Day.
e. Christmas Day.

The fulfillment cut-off time is 2 pm EST for all orders with less than 20 units. Orders will be processed within 2 business days. Under exceptional circumstances, this lead time could be extended with or without previous and formal notice. Delivery done by the carriers to your customer’s addresses occurs Monday-Saturday via USPS, UPS, Global Post, and UPS Worldwide.

SECTION 3

Where does Theory 47 ship to?

We ship domestically (USA) as well as internationally. For international shipping, it is your responsibility as the buyer of goods to check, confirm and get updates on the current guidelines, policies, taxes and/or duties that your country or the countries that you would like us to ship to apply. Theory 47 is not financially responsible or liable for any past, current or new policies, taxes and/or duties that countries may apply for international orders.
Special conditions: As of June 2022, Theory 47 has been made aware of the following requirements for shipping to the following countries:
a. DHL Express: All orders need to have the customer’s email and phone number in order to properly notify of shipments.

SECTION 4

What shipping carriers does Theory 47 use?

Domestic orders (USA) are shipped via UPS Ground, USPS First Class, or USPS Priority. International orders ship via Global Post or UPS Worldwide. The choice of your preferred shipping carrier(s) will be determined by you at the time of your purchase or set by Theory 47.

SECTION 5

How to track an order that has been shipped?

a. Once Theory 47 receives an order from Our Clients, as part of our fulfillment process, we create and print the shipping label to start the order preparation. b. Once this shipping label is created and printed, the email that you provided at the time of purchase will receive an automated email listing the order and tracking information. This is an automated process. c. For all shipping methods, once the order ships, the tracking number will update automatically through the carrier's website and not through Theory 47. d. Theory 47 is not a carrier and does not control nor oversee the tracking of packages. e. We will do all that we can to send all purchased items in the same package, limiting the number of tracking numbers associated with any given order. f. If the items of the orders do not fit into our largest single box, up to 20x12x12, Theory 47 will split the order for shipment. g. When shipping internationally, customs can delay packages by up to 6 weeks. This does not happen often, but it can happen. Theory 47 has no control and absorbs no logistical or financial responsibility in such situations. Theory 47 takes no responsibility for the taxes and/or fees due at import. This is your responsibility as the buyer of goods.

General Terms & Conditions

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the theory47.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Theory 47 ("Theory 47", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Theory 47, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

You must be at least 13 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred because of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Theory 47 or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Theory 47. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Theory 47 or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Theory 47 or third-party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained using Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Theory 47, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Theory 47 and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Theory 47 for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or failures of its essential purpose.

Indemnification

You agree to indemnify and hold Theory 47 and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Georgia, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Georgia, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@theory47.com.

This document was last updated on 09 February, 2024.