Terms of Sale

1Who you are buying from

The seller of record is Lydd & Yaffa, Inc., a corporation organized under the laws of the State of Florida.

Lydd & Yaffa products are offered for sale at lyddandyaffa.com, and only there. Lydd & Yaffa, Inc. sells online only: it has no shop, showroom or counter, and the address above is its address of record for correspondence and legal notice, not a place to visit. Wherever you order from, Lydd & Yaffa, Inc. is the seller, the party you contract with, and the party responsible for filling your order.

Lydd & Yaffa, Inc. is a separate company from any other business associated with its owner. Only Lydd & Yaffa, Inc. is a party to these terms.

2What these terms cover

These terms, together with our Returns and Shipping Policy, our Privacy Policy, the product page as it appeared when you placed your order, and the order confirmation we send you, are the whole agreement for your purchase.

This does not limit our responsibility for any statement we make to you about your specific order after it is placed. A delay notice and a revised shipping date sent to you under section 8.3 bind us. Nothing in these terms excludes liability for fraud or misrepresentation.

If any provision of these terms is held unenforceable, the rest continues to apply.

3Who can order, and where we ship

You must be at least 18 years old and able to enter a binding contract.

We ship to addresses in the fifty United States and the District of Columbia. We do not ship internationally, and our checkout does not accept a non-US shipping address. If that changes, the change applies to orders placed after it is published; section 16 explains how versions work.

4Placing an order, and when a contract forms

Product pages are an invitation to order, not an offer. Your order is an offer to buy. A contract forms when we send you an order confirmation email. If we cannot accept your order, we will tell you and refund your payment in full — no contract forms.

We may decline an order, in whole or in part, for reasons including:

• the item is out of stock or has been withdrawn;
• the price or a product detail was published in error;
• we cannot ship to the address given;
• the payment is not authorized, or the order appears fraudulent;
• the quantity ordered is beyond ordinary personal use.

Where we decline an order after taking payment, we refund the full amount charged, including any sales tax, to the original payment method within 7 working days.

Separately from when the contract forms, our shipping obligations under federal law run from the moment we receive your properly completed order and payment. Section 8 explains this.

5Prices

The price of a product is the price shown on its product page at the time you place your order, in United States dollars. That price is the price we charge you; it does not change after your order is confirmed.

Prices are exclusive of sales tax and of any shipping charge. Any shipping charge is shown before you pay. There are no handling charges or surcharges added afterwards.

We may change prices at any time. A change never applies to an order already confirmed.

If a product is listed at an obviously incorrect price — an evident typographical or system error — we are not obliged to sell at that price. We will contact you, and you may confirm the order at the correct price or cancel it for a full refund.

6Sales tax

Florida. Lydd & Yaffa, Inc. is a Florida business. Orders delivered to a Florida address are subject to Florida sales tax at the state rate of 6%, plus the discretionary sales surtax of the county of delivery. Duval County's surtax is 1.5% as of the effective date of these terms, so an order delivered in Duval County is taxed at 7.5%. County surtax rates are set by each county and can change; the rate applied is the one in force for the delivery address on the date of payment.

Elsewhere. Tax on orders delivered outside Florida is calculated and shown at checkout, and is charged only where we are required to collect it.

Tax is calculated and shown before you pay. Where we cancel or refund an order, we refund the sales tax collected on it in full.

For pre-orders, sales tax is calculated and collected when you pay, not when the item ships, and is remitted for the period in which it was collected. A rate change between payment and shipment does not cause us to re-bill you.

7Payment

Payment is taken in full when you place your order, including pre-orders (see section 9).

Payments are processed by Stripe. You enter your card details on a page hosted by Stripe. Lydd & Yaffa, Inc. never sees, handles, or stores your full card number. Stripe's own terms and privacy notice govern its handling of your payment data.

How we handle the personal information you give us — your name, address, email, and order history, including the order records we keep under section 8.5 — is set out in our Privacy Policy, which forms part of your purchase.

The charge appears on your statement under the descriptor shown on the payment page. If you do not recognize a charge, contact us at hello@lyddandyaffa.com before disputing it — we can usually identify and resolve it the same day.

We accept the payment methods offered at checkout. If a payment is reversed or charged back after we have shipped, and the reversal is not because the goods failed to arrive, were defective, or were not what you ordered, we may ask you to pay for the item or return it. Nothing here affects any right you have to dispute a charge with your card issuer.

8Shipping, delivery, and delays — including your right to cancel

8.1How we ship

Where the shipping service we use provides tracking, the tracking number reaches you in the dispatch email; because the shipping route is not settled, we do not promise tracking on every parcel here. The carrier, the service and the time in transit are shown to you at checkout, before you pay, and repeated in the order confirmation. These terms name no carrier and no transit time: how a Lydd & Yaffa tie is made and sent to you is not settled yet, and a shipping promise we cannot keep is worth less than none. Our Returns and Shipping Policy sets out what happens to a parcel that goes missing.

8.2Our shipping commitment

This is not a courtesy. It is what the Federal Trade Commission's Mail, Internet, or Telephone Order Merchandise Rule, 16 CFR Part 435, requires of us, and it is a commitment we make to you in these terms. We do not advertise or accept an order — including a pre-order — unless we have a reasonable basis to expect we can ship it within the time we state.

8.3If we are going to be late

If we cannot ship within the stated time, we will notify you before that time runs out, without you having to ask. The notice will tell you clearly that you may cancel, and will either give a definite revised shipping date or tell you that we cannot estimate the delay.

We send these notices by email to the address on your order. Please make sure it is one you read, and tell us if it changes.

What happens next depends on the length of the delay:

8.4Refunds for delay or cancellation

Every refund under section 8 or section 9 is a refund of money to the payment method you used. We do not offer store credit, a voucher, a discount, a substitute product, or an exchange in place of a refund you are entitled to, and we will not ask you to accept one.

We send refunds within 7 working days of the point at which your right to a refund arises. (“Working days” means Monday through Friday, legal holidays excepted — the definition used in 16 CFR 435.1.) For payments made by credit, 16 CFR Part 435 allows a seller one billing cycle. We do not use that extra time, and we apply the same 7 working days to every payment method.

Refunds under this section include the full price, the sales tax collected, and any shipping charge you paid.

8.5Records

We keep a record of every order, of the shipping date we represented, of every delay notice sent, and of every refund made, as 16 CFR Part 435 requires. If you ask us what we have on file for your order, we will tell you.

8.6Title and risk of loss

Title and risk of loss pass to you when the carrier delivers the package to the address you gave us. Until delivery, the shipment is ours.

If a package is lost or damaged in transit, tell us at hello@lyddandyaffa.com. You choose: we send a replacement, or we refund you in full. We deal with the carrier ourselves either way.

Two situations sit outside that rule as a matter of law but not as a matter of practice, and we would rather set out what we actually do:

• A package the carrier records as delivered to your address, which is then taken or misplaced there. Risk has passed to you. Even so, for a first occurrence we will replace the order or refund it, your choice, once we have looked into it with the carrier. A repeated pattern at the same address is the one case where we may ask for a signature service or decline.
• A package that fails because the address given was wrong or incomplete. We will reship it once at our cost. Please check your address before you pay.

9Pre-orders

A pre-order is an order for an item that we have not yet received into stock.

9.1Full payment at the time of order

A pre-order is charged in full, at the price shown on the product page, when you place it. It is not a deposit, and there is no balance to pay later. The price is fixed at that moment; if the price later rises, you pay nothing more, and if it later falls, we do not re-bill you.

9.2A disclosed ship date

Every pre-order page states an expected shipping date before you pay, and the order confirmation repeats it. That date is our shipping representation under 16 CFR Part 435. We do not list an item for pre-order without a reasonable basis for expecting to ship it by the date shown.

9.3If we miss the ship date, you may cancel and be refunded

If we cannot ship by the date shown, section 8.3 applies in full: we notify you before that date passes, we tell you that you may cancel, and we give you a revised date or tell you we cannot give one. You may cancel for a full refund of everything you paid — price, sales tax, and any shipping charge — to your original payment method, within 7 working days. We will not offer credit or a substitute instead.

Where the revised date is more than 30 days after the date we published, or where we cannot give a date at all, we do not wait for you to act: the order is canceled and refunded automatically unless you tell us, within 30 days of the shipping date we published, that you want to wait.

9.4You may also cancel a pre-order at any time before it ships

You do not need a reason and you do not need us to be late. Email hello@lyddandyaffa.com with your order number at any time before the item ships, and we refund you in full, to the original payment method, within 7 working days.

9.5What we do with pre-order money

Pre-order payments are recorded as a liability to you, not as revenue, until the item ships. They are not held in a segregated or escrow account. Your protection is the cancellation and refund rights in sections 8.3, 9.3, and 9.4, which apply whatever we have done with the money.

10Canceling an order that is not a pre-order

You may cancel an in-stock order before it ships. Email hello@lyddandyaffa.com with your order number; if the package has not gone out, we cancel it and refund you in full — price, sales tax, and any shipping charge — within 7 working days, usually the same day. Once it has shipped, section 11 applies instead.

11Returns and exchanges

• You may return an unworn item within 30 days of delivery, in its original packaging, with any tag or label it came with still attached. This applies to every item we sell, the ties and the pocket squares alike.
• Start a return by emailing hello@lyddandyaffa.com with your order number. Do not send an item back without hearing from us first — we need to record the return against your order and send you a prepaid label.
• We pay return postage, on an exchange, on a refund, and on a fault, every time, inside the 30 days.
• When you write to us we reply with both options in the same message: an exchange — another colorway, or a fresh one of the same — or a refund. The exchange is what we offer first. It is not a condition, a step you have to exhaust, or store credit. If you ask for a refund, that is the end of the conversation and we process it.
• If you want a refund, we refund the price and the sales tax you paid to the original payment method within 7 working days of receiving the item back, and usually within two business days of it arriving. Any shipping charge you paid on the original order is not refunded on a voluntary return — it is refunded in full where the item was defective, damaged in transit, or not what you ordered, and under sections 8 and 9.
• An item that has been worn, knotted, cleaned, altered, or damaged in use is not returnable. If one reaches us in that condition we email you before we do anything, and you choose: we post it back to you at our cost, or we agree a partial refund together, with the number stated to you first.

Our Returns and Shipping Policy sets out the same process in more detail, including timings. This section and that policy are our voluntary returns policy. Neither of them limits any right you have under section 8 or section 9, where a refund of money is always available and an exchange is never a substitute for one.

12Product descriptions, color, and images

What the description means. The specification published on the product page at the time of your order is the specification of what we sell you. We state a product characteristic as fact only once it has been confirmed on the goods themselves. Where a detail has not been confirmed, the product page either does not state it or marks it as not yet confirmed — it does not appear as a claim. If a characteristic matters to your purchase and the page does not state it, ask us at hello@lyddandyaffa.com before ordering and we will tell you what we know and what we do not.

Color. Color reproduction varies by screen. Monitors, phones, and browsers render color differently, and settings, brightness, and ambient light all change how a color reads. A textile reflects light in a way no screen reproduces. The color you see on your device is an approximation and is not a color standard. A difference between the shade on your screen and the shade of the item you receive is not a defect. If a color is not what you expected, our 30-day returns policy in section 11 is there for exactly that.

Images. Where an image is an illustration or a render rather than a photograph of the item for sale, the product page says so. Packaging, labels, and presentation may vary from images.

Natural variation. Textiles vary slightly between production lots and between individual pieces. Minor variation is a property of the material, not a fault.

13Limited warranty

This is a limited warranty, given by Lydd & Yaffa, Inc. to the original purchaser.

What it covers. We warrant that the product will be free from defects in materials and workmanship for 30 days from the date of delivery. If a defect appears within that period, tell us at hello@lyddandyaffa.com with your order number; a photograph helps and we may ask for one, but it is not a condition. If we agree the item is defective, you choose whether we replace it or refund the price and sales tax you paid, together with any shipping charge you paid on the original order. We pay the shipping both ways on a warranty claim.

What it does not cover. Normal wear, and damage from use or handling. That includes, without limitation: creasing, marks, and stretch from being knotted and worn; pulls, snags, and pilling; stains, spotting, and water marks; damage from heat, moisture, perfume, or sunlight; fading; damage from cleaning, pressing, or attempted repair; and any alteration. It also does not cover items bought from anyone other than Lydd & Yaffa, Inc., or the ordinary variation described in section 12.

Your other rights. Any implied warranty, including any implied warranty of merchantability or fitness for a particular purpose, is limited in duration to the 30-day period of this limited warranty. Some states do not allow limits on how long an implied warranty lasts, so that limit may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state. Nothing in these terms limits a right you have under law that cannot be limited by agreement.

14Limitation of liability

To the fullest extent the law allows:

• Our total liability to you arising out of or relating to any order is limited to the amount you paid for that order, including sales tax and shipping.
• We are not liable for indirect, incidental, special, or consequential damages, or for lost profits, lost opportunity, or damage to reputation, however caused.

Nothing in this section limits our liability for fraud, for personal injury or death, or for any other liability that cannot be limited or excluded under applicable law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so parts of this section may not apply to you.

This section does not limit your rights under section 8, section 9, or section 13, and it does not limit any right you have under 16 CFR Part 435.

15Governing law and venue

These terms and any purchase under them are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or relating to these terms or a purchase will be brought exclusively in the state or federal courts located in Duval County, Florida, and each party consents to the personal jurisdiction of those courts.

This does not deprive you of the protection of any mandatory consumer-protection law of the state where you live, and it does not prevent you from bringing a claim in small claims court where that court has jurisdiction.

16Changes to these terms

We may change these terms. Every version carries a version number and an effective date, and the current version is published at lyddandyaffa.com.

A change never applies retroactively. The version in force at the moment you placed your order governs that order, for its whole life — through shipment, delay, cancellation, return, and warranty. If you want a copy of the version that governed your order, email us and we will send it.

17Contact

Questions about an order, a delay, a return, a warranty claim, or these terms:

The company’s legal name and address of record are stated in section 1.

Related documents: our Returns and Shipping Policy and our Privacy Policy, both of which form part of the agreement described in section 2.

We answer email. If something has gone wrong with an order, write to us before you dispute the charge — it is faster, and we would rather fix it. That is a request, not a condition, and it takes nothing away from your right to dispute a charge with your card issuer.

Version 1.0Effective [TO BE STAMPED]