Terms and Conditions

Effective Date: 04/25/2024
Last Updated: 04/25/2024

Welcome to Cactus! These Terms & Conditions (henceforth: Terms) govern the Cactus website, cactusnyc.com (henceforth: Site) which is available on desktop or mobile web. Cactus is published and operated by Dinner For Three LLC, d.b.a. Cactus (henceforth: Cactus, we, us, our). Before all users of the Site (henceforth: you, your) proceed to browse and make purchases on the Site, we kindly ask you to review and agree to the following Terms that govern your use of our Site.

The categories below used in this Terms & Conditions agreement are included for convenience only and will not limit or otherwise affect any of the Terms.


General Terms & Conditions:

These Terms are valid between you and Cactus, and apply to all uses of and orders placed on the Site. The date of the latest update is found at the start of the Terms page. You can review the most current version of the Terms at any time on this page. We reserve the right to update or modify these Terms without prior notice, and changes will be effective upon posting on our Site. It is your responsibility to check our Site regularly for updates. Your continued use of or access to our Site following the posting of any change to these Terms constitutes acceptance of all changes.

By accessing and using the Site, you certify that you are at least the age of majority in your jurisdiction. If you are a minor dependent in your jurisdiction, you may use this Site only under the supervision (To the extent permitted by law) of a parent or legal guardian who is at least the age of majority in your jurisdiction and agrees to be bound by these Terms. It is the responsibility of a parent or legal guardian, and not Cactus, to determine whether any part of this Site or any site linked to from our Site is appropriate for their children.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the Site through which the service is provided, without express written permission by us.

Cactus cannot guarantee problem-free, uninterrupted, and secure access to the Site.

If you do not agree to these Terms, please do not use or access the Site. By accessing, using, and/or placing an order through the Site, you acknowledge that you have read, understood, and accepted these Terms and Privacy Policy. We reserve the right to refuse service to anyone for any reason at any time.

1. Language:

The Language of the Terms and Conditions is English.

2. Order Placement: (Cancelation or Refusal of Orders)

Before you place your order, you will be given the opportunity to review your selections, the information you have provided, the total price of your order and correct any input errors. Please note that products in your shopping bag are not reserved and may be purchased by other customers until you have placed the order at checkout and received the order confirmation email. If prolonged inactivity causes your connection to the Site to fail, your selection of products may be lost. In such a case, you will be required to re-enter your selection of products to the shopping bag.

Please note that Cactus does not guarantee that all products presented on the Site are in stock or are available for purchase. If products are no longer available by the time your order processes, we will notify you of this via email. In the event of supply difficulties or because products are no longer in stock, we reserve the right to refund any money that you might have paid for those products.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase information for all purchases made at our Site.

3. Payments:

We accept the following payment methods as indicated on our Site:

Credit Card

  • Secure payments through our Site can be made by the following credit cards: Visa, Mastercard and American Express.

  • You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it.

  • If the issuer of your payment card refuses to authorize payment to Cactus, your order will be canceled.

Apple Pay

  • We accept payments with Apple Pay.

  • An Apple Pay button will display during checkout that will link to your existing Apple Pay account.

AfterPay

  • We accept payments with AfterPay.

  • An After Pay button will display during checkout that will link to your account.

By making a purchase, you authorize us to charge your selected payment method. You are responsible for paying any applicable sales tax, which will be charged on the total amount of your purchases. We are not responsible for any charges or penalties which may be imposed by the payment provider as a result of payment being processed in respect to your order. Please note that your card will only be debited with the purchase amount once we have sent you the order confirmation email. For security reasons, we do not store any payment information in our database.

4. Prices:

All prices are in U.S. dollars and payments must be in U.S. dollars. Note that all prices displayed on our Site do not include applicable taxes and shipping costs associated with shipping methods, which will be shown at the checkout stage. The price of each product shall be the one quoted on our Site, except where there is an error. If we discover an error in the price of any product(s) you have ordered, we may cancel the order and you will receive a full refund. Prices are subject to change at any time and without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product on our Site.

5. Order Confirmation:

After you submit your order, we will send you an order confirmation email with your order number, product details, payment details and delivery details. Please note that the confirmation email serves as an acknowledgment that we have received your order, however, it does not indicate acceptance of the order. You will receive a separate email once your order is accepted and has shipped.

6. Email Communication:

By making a purchase on our Site, you acknowledge and agree that we may send you communications or data regarding our products and services. These communications may include promotional emails, newsletters, updates, and information about our offerings. However, unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).


7. Shipping:

Once your order is placed, a standard processing time of up to three (3) business days is required before your order is shipped. Orders placed on weekends and holidays will be processed the following business day. During peak periods, processing times may exceed 3 business days. The processing times do not take into account possible delays caused by payment authorization and/or stock availability. 

Once your order has been shipped, you will receive an email with your shipment’s tracking information. It is your responsibility to provide us with a shipping address compliant with the shipping restrictions contained on the Site. You are responsible for contacting Cactus regarding any claims for damaged and/or lost shipments. 

Shipping costs, estimated delivery times, and available shipping methods will be displayed during the checkout process. Delivery times may vary based on your location and other factors beyond our control. Cactus is not responsible/liable for packages delayed or lost/stolen in transit. If you experience a delay or issue with your shipment, please contact the courier. Once the order is handed over to the courier, we no longer have control over its delivery.

Please review our Shipping & Returns policy for additional information. Note that by making a purchase, you agree to the Terms outlined in this policy.

8. Returns and Refunds:

You are entitled to start a return within 14 days starting from the date your product (s) was delivered. Return fees are applicable and will be deducted from your refund. All sales items are final and may not be returned. Please follow the steps outlined in our Shipping & Returns policy to initiate a return. 

Cactus does not offer an exchange policy at this time. If you wish to exchange an item, please return the item you do not wish to keep, and place a new order for the desired exchange item.

Please review our Shipping & Returns policy for additional information. Note that by making a purchase, you agree to the Terms outlined in this policy.

9. Accuracy of Information on the Site:

We strive to provide on the Site accurate and up-to-date information about our products, including descriptions, colors, sizes, pricing, promotions, offers, product shipping charges, and transit times and availability to give you a clear representation of the items available for purchase. However, we cannot guarantee that this information is entirely error-free. In the event of any typographical errors, inaccuracies or omissions, we reserve the right to correct errors, change product information, or cancel orders without prior notice (including after you have submitted your order). We reserve the right to modify the contents of the Site at any time, but are not obligated to update, amend, or clarify information on the Site, including pricing information, except as required by law. The absence of a specified update or refresh date on the Site should not be taken to indicate that all information on the Site has been modified or updated. It is important to note that product images may vary slightly from the actual items due to differences in display settings and photography techniques, and we cannot be held responsible for any such discrepancies. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.

Any reliance on the material on our Site is at your own risk. You acknowledge that it is your responsibility to monitor changes to our Site and be aware of any updates or modifications.

10. Resale Policy:

You may purchase products from this Site for personal use only and not for resale. When you place an order on this Site, you certify that you are acquiring products for your personal use and not for the purpose of resale. We reserve the right to refuse orders for any reason, and we are not obligated to provide an explanation for such refusals. This discretion allows us to maintain the integrity of our sales and ensure that products are being purchased for personal use as intended.

Our Site is designed for the sale of products to retail consumers exclusively. You are prohibited from using the Site to purchase products for the purpose of resale or export. Additionally, we do not accept orders from resellers, dealers, exporters, or distributors who intend to resell the products offered on this Site. We reserve the right to take immediate action, including barring access to the Site and terminating the account of any user who violates these Terms by using the Site for purposes other than personal consumption, including resale activities.

11. Defective Products

We strive to do our best and quality check every product before shipping. However, if you receive a defective product, please always notify Cactus as soon as possible after receiving the defective product. Defective products are subject to the same return timeline highlighted in our Shipping & Returns policy. If Cactus considers the products to be defective, we will make a full refund including shipping costs.


12. Products & Services:

We retain the right, although we are not obligated, to restrict the sale of our products or services to any individual, geographic region, or jurisdiction. This discretion allows us to evaluate each case individually and determine whether we can fulfill an order based on various factors, including legal requirements and other considerations. We also reserve the right to limit the quantities of any products or services we offer. This may be done to ensure fairness in distribution, prevent hoarding, or manage our inventory effectively. Quantity limits may be imposed on a case-by-case basis.

We have the discretion to discontinue any product or service at any time without prior notice. This may occur for various reasons, such as changes in product availability, evolving business strategies, or other considerations. We do not provide a warranty that the quality of any products, services, information, or other materials purchased or obtained through our platform will meet your expectations. Quality perceptions can vary among individuals, and while we strive to offer high-quality products and services, we cannot guarantee that they will meet every customer's specific expectations.

13. Content Permission & Restrictions:

All content on our Site, including images, text, logos, and graphics, is protected by intellectual property laws and owned or licensed by us. Users are not permitted to reproduce, distribute, or use any content without obtaining our express written consent.

The documents on this Site, including trademarks, graphics, text, photos, designs, logos, icons, images, data, and software, are owned by or licensed to us. Users are authorized to use this material for personal, non-commercial purposes, including downloading, printing, and storing copies, provided our Copyright Permission Notice is included.

We grant users a personal, non-exclusive, and non-transferable license to view, reproduce, print, cache, store, and distribute Site content via a consumer web browser. This license is conditional on compliance with our Terms and the retention of copyright notices on Site content.

All materials, including information, data, software, text, design elements, graphics, images, and other content delivered via the services, are protected by copyrights, trademarks, and other intellectual property rights. Users may use the Site content solely for personal and non-commercial purposes.

Certain parts of the Site may allow users to share content on social media platforms. This feature grants a limited license to display the content as directed, without transferring any other rights or interests.

Reproduction, publication, transmission, distribution, display, modification, creation of derivative works, sale, or any other exploitation of the content or the Site is strictly prohibited.Misuse of the content may result in liability under applicable laws.

For any press inquiries, please refer to our Contact page.

14. Copyright Assignment and User Content Transfer Agreement:

By using our Site, you agree to the following terms regarding the content you share:

Intellectual Property Assignment:

  • You hereby assign, convey, and transfer all your rights, title, and interest in the intellectual property associated with your posted content (User Content) on our Site to us.

  • This includes product reviews, comments, suggestions, photographs, illustrations, artwork, videos, communications, and other materials uploaded by you.

Scope of Intellectual Property:

  • "Intellectual Property" encompasses a broad range of creative works, inventions, developments, designs, and other intellectual property rights, allowing Cactus to apply, maintain, enforce, and commercialize the associated rights worldwide.

User Representations and Warranties:

  • You represent and warrant that you exclusively own the User Content you post, and you possess the necessary rights to transfer intellectual property rights to Cactus.

  • Your User Content must comply with applicable laws.

Monitoring and Content Removal:

  • We reserve the right to monitor or review User Content at our discretion.

  • We have the right to remove any User Content for any reason, including violations of our terms.

Compensation:

  • You acknowledge that you are not entitled to receive any compensation for the User Content shared on our Site.

By agreeing to these Terms, you contribute to the creative environment of our Site, allowing us to showcase and utilize User Content in accordance with the outlined terms.

15. Trademarks:

Our trademarks, including but not limited to the Cactus name and logo, are valuable assets. Please be aware that your use of this Site does not confer any rights to utilize our trademarks.

All names, graphics, designs, page headers, button icons, scripts, commercial markings, trade dress, service names, service marks, and logos associated with our services are considered our trademarks (the “Trademarks”), owned by us or its licensors and suppliers. It is strictly prohibited to use the Trademarks in a manner that discredits or disparages us, any associated third parties, or their products and services. Furthermore, any usage that may cause confusion or damage goodwill associated with the Trademarks is not permitted, as determined by our Site at its sole discretion and within the bounds of the law.


16. Optional Third-Party Tools, Services and Operators:

We may offer access to certain services on our Site which are maintained by third-party operators. When acting as an agent for such services, we are not responsible for errors resulting from their activities, nor are we liable for any damage caused by the use or inability to use our Site. Please note the following:

No Endorsement or Control:
We provide access to third-party tools without endorsing them. We neither monitor nor control these third-party tools.

"As Is" and "As Available" Disclaimer:
Third-party tools are provided "as is" and "as available," without any warranties, representations, or conditions. Use them with the understanding that their performance is not assured.

No Liability:
We are not liable for any issues or consequences arising from your use of optional third-party tools. Your use of these tools is entirely at your own risk.

User Responsibility:
Ensure you are familiar with and agree to the Terms & Conditions set by the third-party tool providers. It is your responsibility to understand and accept their Terms & Conditions.

Future Services and Features:
Any new services, features, or tools introduced in the future will also be subject to these Terms.

Your use of optional tools is a choice you make at your own discretion, and we recommend being well-informed about the Terms associated with these tools. If you have any questions or concerns, feel free to reach out to us Contact.

17. Third-Party Content and Links:

Materials from External Sources: 
Content, products, and services accessible through our Site may include materials from third-parties. Links to external websites are provided for convenience, and we do not vouch for the content or accuracy.

Transaction Precautions: 
We bear no responsibility for harm or damages related to transactions on third-party websites. It is essential to review and understand the policies of these third parties before engaging in any transaction.

Links to External Websites:

Beyond Our Control:
The Site might contain links to external websites beyond our control. We cannot be held liable for the content or privacy policies of such websites.

Provided for Convenience:
Hyperlinks to third-party websites, services, or platforms are offered for your convenience. Your use of these links is subject to the Terms & Conditions of the respective websites.

No Implicit Endorsement:
Inclusion of links to third-party websites does not imply endorsement. Use these websites at your own risk, and we assume no liability related to your access or use of such third-party websites.

18. User Comments, Feedback, and Submissions Policy:

At our Site, we value your input and may allow you to submit comments, feedback, and other submissions. By submitting content to our Site, you agree to comply with the guidelines below:

Usage Rights:
Whether you provide submissions at our request or voluntarily, you agree that we have the right to use them as we see fit, including editing, publishing, and distributing them without restriction.

Confidentiality and Compensation:
We are not obligated to maintain the confidentiality of any submissions, compensate you for them, or respond to them.

Content Guidelines:
We reserve the right to monitor and remove submissions that we deem inappropriate or violate our Terms of service, including those that are unlawful, offensive, or infringe upon the rights of others.

Compliance with Laws and Rights:
Your submissions must not infringe upon any third-party rights, contain unlawful material, or pose any security risks to our Site.

Identity Verification:
Please provide accurate information and do not misrepresent yourself or your identity when making submissions.

Accuracy Responsibility:
You are solely responsible for the accuracy and legality of your submissions.

No Liability Assumed:
We are not liable for any submissions posted by you or any third party.

User Comments Posting:
We may allow users to post comments, suggestions, and other submissions on the Site. By submitting such content, you grant us the right to use it as we see fit.

Endorsement Disclaimer:
Our posting of user submissions does not imply endorsement, and we are not responsible for any claims made in connection with such content.

Right to Remove Submissions:
We reserve the right to remove any submissions that violate our policies.

19. Cookies:

We employ cookies on our Site to enhance your browsing experience. By browsing the Cactus Site, you implicitly consent to the use of cookies as described in the notice below:

Enhanced Browsing Experience:
Cookies contribute to improving your overall browsing experience by allowing us to tailor the Site to your preferences.

Statistical Analysis:
Cookies also assist in gathering statistical data, aiding us in understanding how our Site is utilized and enabling us to make improvements accordingly.

Personalized Settings:
These cookies identify your computer and enable the Site to remember your personal settings, ensuring a more personalized experience during your visits.

Control Options:
Your web browser can be configured to notify you when a cookie is activated. This grants you the option to accept or reject the use of the cookie, or delete it at the conclusion of your browsing session.

Cookie Necessity:
Please note that disabling cookies may result in limited access to certain features of the Site. To ensure full access and functionality, we recommend keeping cookies enabled.

If you have any questions or concerns regarding our use of cookies, please feel free to contact us Contact.

20. Privacy Policy:

Our Privacy Policy outlines how we collect, use, and protect your personal information. By using our Site, you agree to the terms of our Privacy Policy. Your submission of personal information through the store is governed by our Privacy Policy.

21. Prohibited Uses of the Website/Restricted Conduct:

We prioritize the integrity and safety of our Site and its users. To maintain a positive environment, certain actions are prohibited:

Unlawful Activities:
Do not use the Site for any unlawful purpose or to encourage others to engage in unlawful acts. Respect international, federal, provincial, or state regulations, as well as local ordinances.

Intellectual Property Rights:
Do not infringe upon our intellectual property rights or the rights of others. Respect copyrights, trademarks, and other intellectual property.

Harassment and Discrimination:
Do not engage in harassment, abuse, defamation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

False Information:
Do not submit false or misleading information.

Malicious Activities:
Do not upload viruses or any other type of malicious code that may affect the functionality of the service of the Site.

Privacy Violation:
Do not collect or track the personal information of others without consent.

Spamming and Phishing:
Do not engage in spamming, phishing, or any other deceptive practices.

Obscene or Immoral Content:
Do not use the Site for any obscene or immoral purpose.

Security Interference:
Do not interfere with or circumvent the security features of the Site.

Unauthorized Use:
Do not use the services for any unauthorized or prohibited purposes outlined in the Terms.

22. Accounts, Registration, and Passwords:

Your account security is paramount. We urge that you to follow the guidelines below:

Password Security:
Maintain the confidentiality of your password and username. You are responsible for all activities conducted under your account.

Reporting Lost or Stolen Credentials:
Immediately report any lost or stolen passwords or usernames to our Customer Service.

Unauthorized Access:
If you suspect unauthorized access to your account, notify Customer Service promptly. We reserve the right to disclose information to comply with applicable laws and lawful government requests.

By using our Site, you agree to adhere to these guidelines. Your cooperation ensures a safe and positive experience for all users.


23. Violation of Rules:

We take violations of our Terms seriously. In the event of such violations, CACTUS reserves the right to pursue all available legal and equitable remedies, including blocking access to the Site. Individuals who breach the restrictions of password-protected areas on the Site will be subject to prosecution. Your adherence to our rules ensures a safe and fair environment for all users.

24. Limitation of Liability/Cactus’s Responsibility:(Disclaimer of Warranty)

While we strive to maintain a safe and secure Site, we cannot guarantee that it will always be error-free or free from harmful components such as viruses. Your use of the Site is at your own risk. We do not provide any warranties regarding the information, materials, content, and services provided on or through the Site. By using our Site, you acknowledge and accept these risks.

General Limitation of Liability:
We are not liable for any indirect, consequential, or incidental damages resulting from your use of our Site or the products sold on it. We do not guarantee uninterrupted, timely, secure, or error-free access to our services. You agree that we may remove or cancel the service at any time without notice, and that your use of the service is at your own risk. Our service, products, and all related content are provided "as is" and "as available" without any warranties or conditions, express or implied, beyond those described in our order confirmation.

Exclusion of Certain Damages:
In no event shall CACTUS, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages. This includes, but is not limited to, lost profits, revenue, savings, data, or any similar damages, arising from your use of the service or any products procured through it. Our liability is limited to the maximum extent permitted by law.

Force Majeure and Other Limitations:
Our liability to you is limited to the Terms outlined unless stipulated otherwise by law.

We are not liable for indirect damages such as loss of profit, or events beyond our control (force majeure) including war, natural disasters, or governmental measures. In the event of force majeure, our obligations may be suspended, and any contract between you and us may be partially or fully terminated.

Legal Disclaimers:
Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. Accordingly, some or all of the limitations mentioned above may not apply to you. Our liability is limited to the fullest extent permitted by law.

25. Indemnification:

You agree to indemnify, defend, and hold harmless CACTUS and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Furthermore, you agree to indemnify and hold us, our directors, officers, employees, agents, affiliates, and subsidiaries harmless from and against any and all claims, damages, costs, and expenses, including attorney fees, arising from or related to your use of this Site or breach of these Terms.


26. Severability Clause:

Should any provision of these Terms be deemed unlawful, void, or unenforceable, it shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be severed from these Terms and Conditions, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Likewise, if any part of these Terms is held to be invalid or unenforceable, such determination shall not invalidate any other provision. Instead, the invalid Terms shall be replaced with alternative Terms that fulfill the commercial intentions of these Terms and Conditions.

To the extent allowed by law, if a specific clause of these Terms is declared null, it shall be deemed unwritten. However, this shall not impact the successful registration of a user, the entirety of the Terms, or any other accepted Terms and Conditions.

27. Termination:

The rights and obligations of both parties prior to the termination date will continue to be valid even after the termination of this agreement. These Terms and Conditions will remain in effect until either party decides to terminate them.

You have the option to terminate these Terms at any time by informing us that you no longer wish to use our services, or by ceasing to use our Site. Alternatively, if we determine, at our sole discretion, that you have failed to comply with any term or provision of these Terms, we reserve the right to terminate this agreement without prior notice. In such cases, you will still be responsible for any outstanding amounts owed up to the termination date. Furthermore, we may deny you access to our services or any part of them.

We believe in clear communication and fairness when it comes to termination. Should you have any questions or require further clarification about our termination policy, please reach out to us.

28. Entire Agreement:

Our failure to exercise or enforce any right or provision of these Terms does not waive that right or provision. These Terms, along with any posted policies or operating rules, constitute the entire agreement between you and us regarding your use of the Site. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

We prioritize transparency and clarity in our agreements. If you have any questions or need further clarification about our Terms and Conditions, please feel free to reach out to us.


29. Governing Law and Jurisdiction:

These Terms shall be governed by and construed in accordance with the laws of New York State without regard to principles of conflicts of law. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts in the City, County and State of New York, and the parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that they may now or hereafter have with respect thereto.

30. Contact Us:

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, please contact us via hello@cactusnyc.com. Please do not include any sensitive information in your correspondence as emails may not be encrypted.

Thank you for shopping CACTUS!