Welcome to Polly.com. Please read these Terms of Use ("Terms") carefully. They form a binding legal agreement between you ("User," "you," or "your") and Shop Polly LLC ("Polly," "we," "us," or "our").
By accessing or using our website (the "Site") and purchasing products from us, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.
1. Our Business Model
To ensure clarity and trust, we want to be transparent about how Polly operates.
- We are a Retailer, Not a Marketplace: Polly operates as a direct-to-consumer retailer. We do not host third-party sellers, nor do we allow peer-to-peer sales on our platform.
- We Own Our Inventory: All products listed on Polly.com are physically held in our own US-based warehouses (including facilities in Ogden, UT and Dallas, TX).
- Authenticity Guarantee: We source our inventory directly from brands, authorized liquidators, and verified partners. We guarantee that all items sold are 100% brand new and authentic.
2. Eligibility
You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use this Site. By using the Site, you represent that you have the legal capacity to enter into a binding contract. The Site is currently intended for use by residents of the United States.
3. Account Registration
To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- Security: If you suspect unauthorized use of your account, contact us immediately at support@polly.com.
4. Product Availability and Descriptions
- Inventory: Our inventory moves quickly. We work hard to ensure stock levels are accurate, but in rare cases, an item may go out of stock after you place an order. If this happens, we will cancel the order and issue a full refund immediately.
- Descriptions: We strive to be as accurate as possible with product descriptions and images. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
- "As Is" Sourcing: As a retailer partnering with liquidators to bring you the best value, products are sold as described.
5. Orders, Pricing, and Payments
- 5.1 Order Acceptance: Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right to accept or decline your order at any time for any reason (e.g., suspicion of fraud, pricing errors).
- 5.2 Pricing: Prices are subject to change without notice. We reserve the right to correct any errors in pricing.
- 5.3 NO RECURRING FEES: Polly is a pay-per-transaction retailer. We do not offer subscriptions, memberships, or recurring billing of any kind. You will only be charged for the specific items you choose to purchase at the time of checkout.
- 5.4 Taxes: We will collect applicable sales tax on products shipped to states for which we determine we have a duty to collect and remit sales tax.
6. Shipping and Delivery
- Fulfillment: All orders are packed and shipped by Polly staff from our domestic facilities.
- Risk of Loss: All items purchased from Polly are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier.
- Timelines: Shipping estimates are provided at checkout. While we work to meet these timelines, carrier delays are outside our control.
7. Returns and Refunds
Because we are the retailer, you handle all returns directly with us.
- Policy: You may return eligible items within 30 days of delivery. Items must be in their original, brand-new condition with tags attached.
- Process: To initiate a return, please contact support@polly.com. Refunds are processed to the original method of payment upon our receipt and inspection of the return.
8. Prohibited Conduct
You agree not to:
- Use the Site for any illegal purpose.
- Use any bot, spider, scraper, or other automated means to access the Site.
- Attempt to interfere with the proper working of the Site (e.g., introducing viruses or overloading our infrastructure).
- Violate the security of any computer network or crack any security encryption codes.
9. Intellectual Property
All content on the Site—including text, graphics, logos, button icons, images, and software—is the property of Shop Polly LLC or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Shop Polly LLC.
10. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SHOP POLLY LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE.
12. Indemnification
You agree to indemnify, defend, and hold harmless Shop Polly LLC, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
13. Dispute Resolution (Arbitration Agreement)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.Any dispute or claim relating in any way to your use of Polly.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governing interpretation and enforcement of this provision applies.
- Class Action Waiver: We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
15. Changes to These Terms
We reserve the right to modify these Terms at any time. If we make changes, we will post the revised Terms on this page and update the "Last Updated" date. Your continued use of the Site constitutes acceptance of those changes.
16. Contact Information
If you have any questions about these Terms or our services, please contact us:
Shop Polly LLC
- Legal Inquiries: legal@polly.com
- Partnerships: team@polly.com
- Customer Support: support@polly.com
