Talley & Twine Watch Company, Inc.
Terms of Service
Effective Date: [Insert publication date]
1. Introduction and Agreement
These Terms of Service (“Terms”) govern your use of the website at https://talleyandtwine.com, purchases from our online store, and participation in our customer service and mobile messaging programs, collectively referred to as the “Services.”
The Services are operated by Talley & Twine Watch Company, Inc., doing business as Talley & Twine (“Talley & Twine,” “Company,” “we,” “us,” or “our”).
By placing an order, creating an account, or enrolling in a messaging program after being presented with these Terms and an opportunity to review them, you agree to the applicable provisions of these Terms. If you do not agree, do not complete the applicable transaction or enrollment.
Our Privacy Policy explains how we collect, use, and disclose personal information. It is available at:
https://talleyandtwine.com/pages/privacy-policy
Accepting these Terms, visiting our website, or making a purchase does not, by itself, constitute consent to receive marketing text messages. We obtain separate consent where required.
Nothing in these Terms limits rights or remedies that cannot lawfully be waived or restricted.
2. Eligibility and Account Information
To place an order or enroll in our mobile messaging program, you must be at least 18 years old and have reached the age of majority in your jurisdiction.
You agree to provide accurate and current contact, billing, shipping, and account information. If you create an account, you are responsible for protecting your account credentials and promptly notifying us of suspected unauthorized access.
You may not use another person’s identity, payment information, or telephone number without appropriate authorization.
If you act on behalf of an organization, you represent that you have authority to bind that organization to the applicable transaction.
3. Products, Pricing, and Orders
Our products are subject to availability. Product descriptions, specifications, prices, and promotional offers are presented on the applicable product pages or during checkout.
We make reasonable efforts to display products accurately. Colors and appearance may vary depending on your device and display settings. Such variations do not excuse a material failure to provide the product described at the time of purchase.
The applicable currency, purchase price, shipping charges, taxes, and other charges collected by us will be identified before you submit your order. By submitting an order, you authorize the applicable payment method to be charged for the disclosed amount.
We may decline or cancel an order for legitimate reasons, including product unavailability, suspected fraud, payment failure, or a material pricing or listing error, subject to applicable law. If we cancel an order after collecting payment, we will promptly refund the amount paid for the canceled portion.
We will not substitute a materially different product without your agreement.
Preorders, customized products, corporate orders, and limited releases may have additional terms disclosed before purchase. A separately accepted written agreement for a custom or corporate order controls over conflicting general purchase provisions in these Terms.
4. Shipping, Returns, and Product Warranties
Shipping options, charges, and estimated fulfillment or delivery periods are provided on our website or during checkout. Any order-specific shipping commitments apply to the relevant order.
If we cannot ship within the promised period, we will provide any required delay notice and obtain your agreement to the delay or cancel and refund the unshipped merchandise as required by applicable law.
Returns, exchanges, and refunds are governed by the Return Policy applicable when you make your purchase:
https://talleyandtwine.com/pages/return-policy
Product warranty coverage is governed by the written warranty applicable to your product:
https://talleyandtwine.com/pages/warranty
Later changes to these policies will not retroactively reduce rights associated with an existing purchase. No return restriction, final-sale designation, or warranty exclusion overrides mandatory consumer rights.
For assistance with an order, return, or warranty claim, contact theteam@talleyandtwine.com.
5. Mobile Messaging Terms
5.1 Program Name and Description
The Talley & Twine Mobile Messaging Program (“Program”) is operated by Talley & Twine Watch Company, Inc.
The Program may use text messages (“SMS”), multimedia messages (“MMS”), and Rich Communication Services messages (“RCS”), depending on the channels you authorize and the capabilities of your device and wireless provider.
Depending on your selections and consent, Program messages may include:
- Marketing messages: Product announcements, new collection launches, limited releases, restock alerts, special offers, and shopping cart reminders.
- Service messages: Requested order confirmations, shipping and delivery updates, return or warranty communications, and responses to customer service inquiries.
This description does not automatically enroll you in every message category. We send messages only within the scope of your request or consent.
5.2 Consent and Enrollment
You may enroll through a clearly disclosed website form, an advertised text-to-join keyword, or another affirmative enrollment method that identifies the Program and explains the messages you are agreeing to receive.
When you expressly opt in to marketing messages, you authorize Talley & Twine and its messaging service providers to send recurring marketing messages to the telephone number you provide, including messages sent using automated technology or an automatic telephone dialing system.
Consent to receive marketing messages is not a condition of purchasing any goods or services.
Providing your number for shipping, account administration, or customer service does not, by itself, enroll you in marketing messages. Likewise, starting a customer service conversation does not constitute consent to ongoing promotions.
Permission for order-related or other informational messages is limited to the purposes disclosed when that permission is obtained. It is not treated as permission for unrelated marketing.
Your consent applies to Talley & Twine. It does not authorize unrelated businesses to send you their own marketing messages.
5.3 Message Frequency and Charges
Message frequency varies based on the subscription you select, your purchases, and your interactions with us. Any more specific frequency disclosed at enrollment applies to that subscription.
Message and data rates may apply. Your wireless provider may charge for messages sent or received and for data used to access RCS content, images, links, or other features.
Contact your wireless provider with questions about your plan or charges. Agreeing to receive messages does not authorize a product purchase or a separate paid subscription.
5.4 Opting Out
You may unsubscribe at any time by replying STOP to a Program message.
We also honor requests expressed through QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE, or OPT OUT, and other reasonable methods that clearly communicate your desire to stop receiving messages.
You may also use an unsubscribe control provided within an RCS conversation or contact theteam@talleyandtwine.com with your request and the telephone number to be unsubscribed. You are not required to use a particular keyword or an exclusive method to withdraw consent.
We honor opt-out requests immediately and send a single nonpromotional confirmation of your unsubscribe request. After that confirmation, no further Program messages will be sent unless you provide new affirmative consent.
We apply promotional opt-outs across our promotional RCS agents. We will not use another sender, telephone number, or SMS/MMS fallback to bypass your request.
Unsubscribing from messaging does not cancel an existing order, return request, or warranty claim. Necessary communications concerning an existing transaction may instead be provided by email or another lawful non-text method.
To rejoin the Program, complete a new enrollment process. A later purchase or routine customer service inquiry will not automatically restore marketing consent.
5.5 Help and Customer Support
Reply HELP to a Program message for assistance, or email theteam@talleyandtwine.com.
Our HELP response identifies Talley & Twine and provides a customer service contact.
The Program is not an emergency service. Customer service responses may not be immediate.
5.6 Telephone Numbers, Availability, and RCS Fallback
You represent that you are the subscriber or authorized user of the telephone number you provide and that you are permitted to enroll that number.
Please notify us before changing, transferring, or relinquishing your number so that we can update our records and avoid contacting its next user.
Messaging availability depends on your device, messaging application, wireless provider, and network conditions. Some features may not be available on every device or network.
When an RCS message cannot be delivered, we may use SMS or MMS only if your consent covers that channel and the relevant message purpose. A change in delivery technology does not expand your consent or override an opt-out.
5.7 Messaging Privacy and Shopping Cart Reminders
In operating the Program, we may process your telephone number, information you provide in messages, enrollment and consent records, message content, and technical information associated with delivery and interaction. Technical information may include timestamps, delivery status, read receipts, and interactions with message buttons or links, where supported.
We use this information to deliver authorized messages, respond to requests, manage preferences, maintain consent records, prevent misuse, and comply with legal obligations. Our Privacy Policy provides additional information about our practices and your privacy rights.
We do not sell or rent mobile telephone numbers, messaging opt-in information, or consent records. We do not share that information with affiliates or other third parties for their own marketing or promotional purposes.
We may disclose relevant information to messaging platforms, service providers, and telecommunications operators, including Infobip and Google where applicable, as necessary to operate, deliver, support, and protect the Program. We may also disclose information when legally required. These disclosures do not authorize recipients to use your messaging consent for their own marketing.
Any general information-sharing language elsewhere in our policies does not authorize third-party marketing use of your mobile opt-in information or consent records.
Shopping cart reminders: Where you opt in to these reminders, we use cookies and similar technologies to identify items placed in your shopping cart and whether checkout was completed. We may associate that activity with contact information you provided to send personalized cart reminders. We obtain any separately required consent for these technologies. Adding an item to your cart does not, by itself, enroll you in messages.
5.8 Google RCS Processing
When you affirmatively enroll in or request an RCS interaction after receiving the relevant disclosures, you authorize Google and its representatives to process your telephone number, message content, and related messaging data to provide the service, deliver messages, and detect or prevent spam and abuse.
Google may review messaging activity and spam reports and use RCS message content to train its AI models for spam detection and prevention. Messages may be made available to the participating carrier, and message-level billing information may be provided to carriers or their affiliates.
This authorization is subject to applicable law and any separately required consent. It does not expand your marketing consent. These Terms do not modify or supersede Google’s applicable RCS terms or policies.
You may stop future participation through the opt-out methods above.
6. Acceptable Use and Intellectual Property
You may not use the Services to commit fraud, impersonate another person, infringe intellectual property rights, transmit malicious software, interfere with security or network operations, or send unlawful, threatening, or abusive material.
Our website content, branding, logos, photographs, and other proprietary materials are owned by Talley & Twine or used with permission. Except as permitted by law or with our authorization, you may not reproduce, distribute, commercially exploit, or misrepresent ownership of those materials.
You retain ownership of content you submit. When you submit a review for publication, you grant us permission to display that review for its intended purpose, subject to applicable law and any separate permissions required for photographs or other materials.
Nothing in these Terms prohibits an honest review or other legally protected expression.
7. Third-Party Services
The Services may use third-party payment processors, commerce platforms, messaging providers, telecommunications networks, or other service providers.
Separate terms or privacy notices may apply to a third-party service you choose to use. Our use of a technology provider does not mean that the provider endorses our products.
Talley & Twine is your contact for purchases, product questions, returns, and warranty requests. These Terms do not modify our providers’ agreements or impose obligations on them that they have not accepted.
8. Service Disclaimers and Limitations
Subject to our express commitments and applicable law, website and messaging features are provided on an “as available” basis. We do not guarantee that these features will be uninterrupted or free from technical errors.
To the extent permitted by law, participating wireless carriers are not liable for delayed or undelivered messages.
To the extent permitted by law, Talley & Twine is not liable for indirect or consequential losses arising solely from interruption or unavailability of website or messaging features.
These provisions do not exclude or limit our written product warranties, required refunds, liability for fraud or willful misconduct, or any liability, statutory remedy, or consumer protection that cannot lawfully be excluded or limited.
9. Suspension and Changes
We may restrict or suspend access to Services when reasonably necessary to address fraud, misuse, security concerns, legal requirements, or a material violation of these Terms.
Suspension does not eliminate rights relating to accepted orders, required refunds, applicable warranties, or withdrawal of messaging consent.
We may update these Terms by posting a revised version with an updated effective date. We will provide additional notice of material changes where required.
Changes apply prospectively. We will not treat an update to these Terms as permission to expand your messaging subscription or introduce a new use of personal information that requires additional consent.
10. Governing Law and Disputes
These Terms are governed by applicable United States federal law and the laws of the Commonwealth of Virginia, except where mandatory law requires otherwise.
This choice of law does not deprive you of consumer protections that apply under the mandatory laws of your place of residence.
Please contact theteam@talleyandtwine.com with a concern so that we can attempt to resolve it. Contacting us is not a condition that limits your right to pursue a legal remedy, and nothing in this section shortens a legally applicable filing period.
If a provision of these Terms is found unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
11. Contact Information
Talley & Twine Watch Company, Inc.
4006 Victory Blvd. Suite J #181
Portsmouth, Virginia 23701
United States
Customer Service: theteam@talleyandtwine.com
Website: https://talleyandtwine.com