Terms of Sale

1. Introduction

These Terms of Sale are Additional Terms subject to our Terms of Use and set forth a legally binding agreement between you and Spencer Gifts LLC (“Spencer’s”, “we”, “us”) and govern online transactions for products or preorders (collectively, “Orders”) initiated or completed on www.SpencersOnline.com (the “Site”). By using the Site and placing Orders, you acknowledge and accept these Terms of Sale. These Terms of Sale are subject to change without prior written notice at any time, in our sole discretion. The latest version of these Terms of Sale will be posted on this Site, and you should review these before placing any orders through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. When such a change is made, we will update the “Last Updated” date at the top of this page.

These Terms of Sale are an integral part of the Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an Order through this Site. When you place an Order on the Site it is an offer to enter into these Terms of Sale with respect to that Order.

2. Acceptance and Billing

Before accepting an Order, we may request additional information from you, and we reserve the right to reject Orders or to cancel them after acceptance. You will not be charged for your Order until it ships from our warehouse to the address you provided. By confirming your purchase during the checkout process, you agree to accept and pay for the Order. To be eligible to complete an Order, you must be at least the age of majority where you reside (18 years old in most states).

If your Order includes a preorder item, which is an item listed on the Site for sale but not expected to arrive at our warehouse until a future date, Spencer’s will not charge your payment method until your Order processes and ships to you.

3. Pricing and Sales Tax

All prices are in U.S. dollars. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the Order is placed. Posted prices do not include taxes or charges for shipping and handling. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors. Sales tax is charged on Orders where applicable. The sales tax will be based on the state the Order is being shipped to. Please note that some states charge sales tax on shipping fees as well.

4. Payment Methods

We accept payment methods as provided during the checkout process. We are not responsible for external payment processor practices or their terms. By placing an Order, you represent and warrant that the payment information you supply to us is accurate, you are duly authorized to use the designated payment method, and that you authorize us, or our payment processor, to charge your designated payment method. We reserve the right to automatically suspend or cancel your Order if we cannot verify the payment method you designate, or if it is invalid or otherwise not acceptable. Only valid payment methods specified by us may be used.

5. Gift Cards

You may use a gift card issued by Spencer’s or by a third party (e.g., Visa, MasterCard, AMEX, or Discover) as a payment option. Should the gift card cover the full amount of the Order, including shipping and sales tax, the gift card will cover the full payment and you will not be separately charged. If, after entering a gift card as a payment option, you still owe a remaining balance, you will be prompted to provide a separate payment option, such as your credit card information. Please make sure you apply your gift card first before any other form of payment. We only honor one gift card per Order.

6. Discount Codes

When using a coupon or promotion code, only one can be applied to your Order at a time. Once the code is applied, the subtotal of your Order will be adjusted. If it is a shipping promotion, as long as the correct shipping method is selected, the cost of shipping will adjust. Please make sure that you read the promotional details to confirm your order qualifies for the promotion. Our shipping promotions exclude shipments to Canada, Alaska, Hawaii, Puerto Rico, and APO/FPO addresses. Promotions for express, second day, or overnight shipments exclude shipments to PO Boxes. Any oversized shipping fees that may apply to an Order are not included in the shipping discount. Shipping promotions cannot be stacked with any other coupons or discounts.

7. Shipping

A. General. Spencer’s currently ships to the United States, Canada, Puerto Rico, and APO/FPO/DPO addresses. All deliveries are pending acceptance of the Order and merchandise availability. To keep track of shipments and deliveries, check emails we send you, including in your spam folder. We may request additional information through email or other contact forms to process your Order. All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

B. Partial Shipments. In some cases, your payment method may be charged more than once for a single Order. This happens when some of your items have been shipped and others have not. In these cases, your payment method will be charged for the product(s) that shipped and the shipping cost and then will be separately charged for the other product(s) once those are shipped.

C. Shipping and Delivery Times. Once the Order has shipped, how quickly it is delivered depends on the shipping method selected. Estimated delivery dates to your zip code are provided at checkout or in other parts of the Site. Please keep in mind they are estimates only, we do not guarantee the delivery date. We ship Orders Monday through Friday excluding holidays. For Orders to have the option to ship the same day, they must be submitted before 3pm for economy and standard shipping options and before 12pm for the express and overnight shipping options. Orders shipped via the overnight shipping option are not delivered on Saturdays or Sundays. Orders shipped via economy, standard, or second day may deliver on Saturday if offered by your local post office. Our carriers do not require a signature. If you are not home, the package will be left at your address.

D. Shipping Restrictions. Standard, second day, or overnight shipping options are not available for PO Box addresses. Products that are considered "hazardous materials" must be shipped via standard ground or economy shipping. Items that are considered “hazardous materials” include (but are not limited to) lava lamps, aerosol, and liquid products.

E. Shipping Fees. Due to the size and weight of some products, an additional handling fee may be applied. Oversized handling fees will be noted in the product detail page.

F. International Delivery. Orders shipped to Canada via international economy shipping are delivered by the Canadian Postal Service or FedEx International. If you normally receive postal mail on Saturday, then your package may be delivered on a Saturday. International Priority shipping is delivered Monday through Friday and not on Saturday or Sunday. We are not responsible for delays caused by customs. All prices are in U.S. dollars, so additional charges may apply from your bank due to the currency conversion.

G. Order Tracking. Once your Order has shipped, a tracking confirmation will be sent to the email address submitted with the Order. This email will contain your tracking number which you can use to track your package and ensure proper delivery. Tracking information for your order can also be found on our Order Status page or the My Account page. Please allow 24 to 48 business hours (Monday through Friday, excluding holidays) for the tracking information to be updated on the carrier website. Tracking information may not be available for the first 24 to 48 hours after you receive your shipping confirmation email.

8. Cancellations

To the fullest extent permitted by applicable law, we may refuse or cancel an Order for any reason including limitations on the quantity available, eligibility requirements, inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance partners. We are not responsible for pricing, typographical, or other errors and we reserve the right to cancel any Orders arising from such errors, even after your receipt of an Order confirmation. If your Order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Spencer’s may, at its discretion and as permitted by applicable law, either contact you for instructions or cancel your Order and notify you of such cancellation. If a product you purchased from us is not as described, your sole remedy is to return it and receive a credit for the purchase price, subject to our return policies in Section 10 below.

9. Exchanges

A. General. To exchange an item, it must be unworn, have the original accessories, in new and resalable condition, and in the original packaging.

B. In-store Exchanges. You may exchange an item in-store within 30 calendar days of you receiving your item. If brick-and-mortar stores are not open or available for your exchange, you will need to return the item online, as per Section 10 below. To exchange an item in-store, you will need the item and the original invoice. Exchanges without the original invoice will be exchanged for something of equal value at the current selling cost of the item.

C. Online Exchanges. Spencer’s does not accept exchanges of merchandise purchased online. You will have to return the item(s) and then place a new Order. Refer to Section 10 below for information on how to return your item(s).

D. Shipping Charges. If your Order was originally submitted online, exchanging an item will not result in a refund of the original shipping cost.

E. Body Jewelry. Spencer’s will replace body jewelry in the event of a manufacturer defect, subject to our Jewelry Warranty in Section 13(B).

10. Returns

A. General. To return an item, it must be unworn, have the original accessories, be in new and resalable condition, and in the original packaging. You must return an item within 30 days of you receiving it. You may request a refund by returning an item in-store or online, in accordance with the terms below. For in-store returns, refund credit usually appears in your account within 2 to 3 business days (Monday through Friday, excluding holidays). For online returns, the refund credit usually appears in your account within 5 to 7 business days (Monday through Friday excluding holidays) from the date the returned item arrives at our warehouse. We will credit the original credit/debit card used to place your order. If a purchase was made through PayPal, the refund will be issued back to the credit/debit card used through PayPal. The acceptance of refund requests are at the discretion of Spencer’s. Spencer’s does not accept returns on intimate products, wigs, body jewelry, custom products, or clearance merchandise.

B. In-store Returns. If you order items online, you may return those items in-store. Returns without the original invoice will be credited for the current selling price to a Spencer's gift card which you can use for future purchases online or at a Spencer's store.

C. Online Returns. The invoice in your package will contain detailed instructions on how to return your order. Package your items according to the instructions on your invoice, including packaging your item(s) along with your invoice, and ship your item(s) to the address provided on your invoice. Unless otherwise stated in Additional Terms, you are responsible for pre-paying the return shipping cost. You are responsible for requesting a tracking number and for purchasing packing insurance from your shipping vendor.

D. Shipping Charges. If your Order was originally submitted online, exchanging an item will not result in a refund of the original shipping cost.

11. Promotions

We may offer promotions that include Additional Terms that may apply to your Order, such as our Pierced Nation Club Card. Please review promotional Additional Terms carefully. If promotional Additional Terms and these Terms of Sale conflict, these Terms of Sale govern.

12. Dispute Resolution

Certain portions of this Section 12 are deemed to be a “written agreement to arbitrate” pursuant to the U.S. Federal Arbitration Act. You and Spencer’s agree that that this Section 12 satisfies the “writing” requirement of the U.S. Federal Arbitration Act. This Section 12 can only be amended by mutual agreement.

A. Resolving Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, the Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution. Our notice to you will be sent based on the most recent contact information that you provide us. If no such information exists, or if such information is not current, then we have no obligation under this Section 10(A). Your notice to us must be sent to:

Spencer Gifts LLC

Attn: Legal Department

6826 Black Horse Pike

Egg Harbor Township, NJ 08234

For a period of sixty (60) days from the date of receipt of notice from the other party, Spencer’s and you will engage in a dialogue to attempt to resolve the Dispute, though nothing will require either you or Spencer’s to resolve the Dispute in this manner.

B. Arbitration.If we cannot resolve a Dispute as set forth in Section 12(A) within sixty (60) business days after receipt of the notice, then to the fullest extent not prohibited by applicable law, any and all disputes between you and Spencer’s of any nature or arising out of any transaction or relationship, including but not limited to those related to this Site or these Terms, shall be resolved by arbitration in accordance with the provisions of this Section. USING THE SITE TO PLACE ORDERS AND AGREEING TO ARBITRATION YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. You and Spencer’s expressly delegate to the arbitrator the authority to determine the arbitrability of any dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. You may begin an arbitration proceeding by sending an email to legaldept@spencergifts.com or sending a letter requesting arbitration to:

Spencer Gifts LLC

Attn: Legal Department

6826 Black Horse Pike

Egg Harbor Township, NJ 08234

Disputes will be resolved solely by binding arbitration in accordance with the then-current consumer Arbitration Rules of the American Arbitration Association (“AAA”). If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to arbitrate the Dispute, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Spencer’s consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Spencer’s to pay a greater portion or all of such fees and costs in order for this Section 12(B) to be enforceable, then Spencer’s will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will (a) apply applicable law and the provisions of these Terms of Sale and any Additional Terms; (b) determine any Dispute according to applicable law and facts in the record and no other basis; and (c) issue a reasoned award only in favor of the party seeking relief and only to the extent such relief is warranted by that party’s claim. This arbitration provision shall survive termination of these Terms of Sale.

C. Class Action Waiver. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE JOINED OR CONSOLIDATED WITH ANY OTHER ARBITRATIONS OR OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. YOU AND SPENCER’S AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13. Disclaimers and Warranties

A. Product Disclaimer. We may publish advice, FAQ, suggestions, or other recommendations on the Site in relation to the handling and care of certain products or items (e.g., lava lamps, intimate apparel). These statements are not a warranty or promise of how a product or item will ship, look like, work, or last. For example, because of transit issues a lava lamp may sometimes arrive looking cloudy, we provide advice on the Site on how to restore clarity, as cloudy lava lamp globes are not considered defective. Such advice is solely meant as a recommendation. We also may take steps to address your satisfaction with packaging and delivery by including descriptions of our practices on the Site. Such descriptions are not a warranty or promise of how packaging or deliveries will occur. For example, while we believe our packaging is generally discreet when you order intimate apparel or other intimate products, please be advised that for deliveries to Canada, APO/FPO and other military bases, the contents of your Order are required to be listed on the outside of your package for delivery.

B. Jewelry Warranty. We stand behind our products and guarantee all body jewelry is free from defects for life. If your item contains a manufacturing defect, such as if it chips, the color fades, or if a stone falls out, we will replace it. If the item is no longer available, we will replace it with an equally-valued piece of jewelry of your choice. Simply contact us at:

Email: GuestServices@spencersonline.com

Call: 1-800-762-0419

Or via Live Chat

14. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal information collected from you in connection with your purchase of Orders through the Site.

15. Governing Law and Jurisdiction

This Site is operated from the U.S. All matters arising out of or relating to Orders or these Terms of Sale are governed by and construed in accordance with the laws of the State of New Jersey without giving without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.