Trolly Innovations LLC Terms and Conditions

These terms and conditions (“Terms”) apply to the viewing, purchasing and sale of products from Trolly Innovations LLC, including its employees, agents, or affiliates (referred to herein as “Trolly Innovations LLC”, “us”, “we”, or “our” as the context may require) through www.trashtrolly.com (the “Site”). These Terms are subject to change by us without prior written notice at any time, in our sole discretion. By viewing the Site, placing an order, or completing a purchase, you, including any entity, individual, or other affiliate on whose behalf you are making such purchase, (collectively, the “Customer”) agree to be bound by and accept these Terms. Customer’s continued use of this Site after a posted change in these Terms will constitute acceptance of and agreement to such changes.

Complete Agreement
These Terms, together with the applicable order acknowledgement, confirmation page or any other Trolly Innovations LLC documents, constitute the entire and exclusive agreement between Customer and Trolly Innovations LLC with respect to the purchase and sale of products through the Site. These Terms supersede all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, communications, both written and oral. Trolly Innovations LLC objects to any additional or different terms or conditions contained in any request for quotation, purchase order, or other document or communication previously or hereafter provided by Customer to Trolly Innovations LLC, and Trolly Innovations LLC’s shipment of any products shall not be construed as assent to any such terms or conditions. No such additional or different terms or conditions will be of any force or effect.

Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE UNDER THESE TERMS TO CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT CUSTOMER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT(S).
Pricing and Specifications
All information regarding pricing and services is subject to change. Trolly Innovations LLC reserves the right to make adjustments to pricing at any time, without notice, and for any reason, including, but not limited to, changing market conditions, discontinuation, unavailability, manufacturer price changes and errors in advertisements.

Prices listed are net and do not include shipping charges, handling fees, taxes and/or duties or special crating requirements for export shipment, for which Customer shall be responsible and Customer agrees to pay. If Customer claims exemption from taxes or duties, Customer is responsible for providing Trolly Innovations LLC with the necessary documentation at the time of purchase; if Customer does not provide such documentation, taxes will be added to Customer’s order or separately invoiced to Customer.

Shipping and Delivery
Title and risk of loss pass to Customer upon transfer of the product(s) to the shipping service/carrier, with freight prepaid and added to the invoice. Trolly Innovations LLC is not liable for any delays, loss, or damage in transit. United Parcel Service (“UPS”) is used when commercially reasonable, at Trolly Innovations LLC’s sole discretion. For rush shipments, Customer must request specific shipping method. All shipping charges are prepaid by Trolly Innovations LLC and added to the Customer’s invoice. Any additional charges for services requested by the Customer or necessary for delivery, including but not limited to inside delivery, special routing, residential delivery or pre-delivery notification must be paid by the Customer.

Customer shall have thirty (30) days from the date of delivery to inspect a shipment. If Customer does not reject the shipment and notify Trolly Innovations LLC during these thirty (30) days, the order will be deemed accepted, and Customer shall forfeit any return or refund rights contained herein.

Please check the individual product page for specific delivery options. Shipping and delivery dates are estimates only and cannot be guaranteed. Except as specifically stated herein, we are not liable for any delays or non-deliveries of shipments. If Customer notifies Trolly Innovations LLC within a reasonable time after the date the products were scheduled to be delivered, then, at Trolly Innovations LLC’s sole discretion, we may replace the products within a reasonable time, or provide a credit or refund for the price of the products, less the original shipping and handling costs, for such delayed or non-delivered products.

Returns and Replacements
If, for any reason, Customer is dissatisfied with a purchase from Trolly Innovations LLC, Customer may return the product(s) within thirty (30) days of Customer’s receipt of product(s). Customer must first contact customer service at 1-978-587-1401 for an authorization number and return details, and return the product to Trolly Innovations LLC within thirty (30) days of receipt in order to receive a refund for such product, subject to the terms contained herein. The refund amount shall be the purchase price of the product, less the original shipping and handling costs. Returned products must be received in a resalable condition (unless the products were initially defective) and in the original shipping container or similar, with proof of purchase from Trolly Innovations LLC. Customer will be responsible for shipping charges on returned orders and bear the risk of loss during shipment.

If a product is damaged during delivery to Customer via UPS, Customer must note the extent of the damage on the back of the packing list. Once complete, Customer must forward the form to Trolly Innovations LLC and hold the damaged materials for disposition instructions from Trolly Innovations LLC.

Limited Warranty
This limited warranty starts on the date of Customer’s purchase and lasts for one (1) year (the “Warranty Period”). We warrant that during the Warranty Period, the product(s) will be free from defects in materials and manufacturing. With respect to any defective product(s) during the Warranty Period, we will, in our sole discretion, either: (a) repair or replace such product(s) (or the defective part) free of charge, or (b) refund the purchase price of such product(s). We will also pay for shipping and handling fees to return the repaired or replacement product(s) to Customer if we elect to repair or replace the defective product(s). To obtain warranty service, Customer must call our customer service at 1-978-587-1401 during the Warranty Period.

The Warranty Period is not extended if we repair or replace the product(s). We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive. This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use or overloading of the purchased product(s); (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

Customer acknowledges that Trolly Innovations LLC is not the manufacturer of any of the products purchased hereunder, and that Trolly Innovations LLC shall not be liable for any breach of warranty claims or for any damages arising out of the manufacturer’s failure to fulfill its warranty obligations to Customer, if any. The remedies described herein are Customer’s sole and exclusive remedies; Trolly Innovations LLC makes no further warranty to Customer under these Terms and expressly disclaims any and all other warranties, implied or express, including, without limitation, any warranty of merchantability, warranty of non-infringement of intellectual property rights of a third party, warranty of fitness for any particular purpose and any warranties arising from course of dealing or usage of trade. Some states do not allow disclaimers of implied warranties, so certain disclaimers may not apply to Customer. To the extent such warranties cannot be disclaimed under the laws of Customer’s jurisdiction, we limit the duration and remedies of such warranties to the duration of this express limited warranty.

Any description of products or their use or sustainability provided by Trolly Innovations LLC, whether in writing or made orally by Trolly Innovations, and any samples, specifications, bulletins, catalogs, drawings, diagrams, or similar materials used in connection with Trolly Innovations LLC’s sales efforts or Customer’s orders, are for the sole purpose of identifying the products, and shall not be construed as an express warranty.

Payment Terms
Terms of payment are within Trolly Innovations LLC’s sole discretion. Trolly Innovations LLC accepts all major credit cards at the time of order.

Applicable Law; Dispute Resolution
All matters arising out of or relating to these Terms shall be governed by and interpreted according to the laws of the Commonwealth of Massachusetts, without reference to its conflict of laws principles. Any controversy, dispute or claim arising out of or in connection with this Agreement, or the breach, termination or validity hereof, shall be settled by final and binding arbitration in Beverly, Massachusetts administered by the American Arbitration Association under its commercial arbitration rules. The arbitration shall be resolved by a single arbitrator, unless otherwise required by the American Arbitration Association. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. In the event of any procedural matter not covered by the aforesaid rules, the procedural law of the Commonwealth of Massachusetts shall govern.

Indemnification
To the extent allowed by law, Customer agrees to protect, defend, indemnify and hold harmless Trolly Innovations LLC, its officers, employees, agents, and representatives and each of their successors and assigns against any and all claims, allegations, demands and proceedings, and any and all liabilities, losses, judgments, penalties, settlements and costs, including without limitation attorneys’ fees and expenses, arising from or related to any actual or alleged negligence or intentional, reckless, or willful misconduct of Customer as related to the products purchased from the Site.

Force Majeure
We will not be liable or responsible to Customer, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Trolly Innovations LLC’s reasonable control, including, without limitation, (a) acts of god; (b) flood, fire, earthquake, pandemic, epidemic, or explosion; (c) war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond its reasonable control. Trolly Innovations LLC shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

Ownership of Materials, Trademarks and Copyright
The information and material contained on the Site, in a Trolly Innovations LLC catalog, or otherwise produced by Trolly Innovations LLC, including all images, designs, photographs, text and other materials (the “Contents”) are copyrights, trademarks, or other intellectual property owned or licensed by Trolly Innovations LLC. The Contents may not be copied, republished, downloaded, transmitted, mirrored or reproduced without the prior written permission of Trolly Innovations LLC or the applicable copyright owner.

Severability
If any provisions of these Terms are found to be invalid or unenforceable by any judgment or under any statute, regulation, ordinance, executive order or other rule of law, such provisions shall be deemed reformed or deleted, but only to the extent necessary to comply with such judgment, statute, regulation, ordinance, order or rule, and the remaining provisions of these Terms shall remain in full force and effect.