Terms of Use for Visitors and Customers

If you are a seller, please refer to the Seller Terms.

Welcome to General Store by Work and Play, a multi-vendor e-commerce site for South Orange, N.J., Maplewood, N.J., and  the surrounding areas.  The following are the Terms of Use (“Terms”) you agree to when you set up a customer account, comment on our site, rate vendors, purchase goods, or otherwise engage with our ecommerce site: somageneralstore.com. (“General Store”).  These Terms form a legally binding contract between you and General Store by Work and Play LLC (“General Store”).   

We don’t foresee any disagreements between you and General Store, but if we do have a disagreement that we can’t work out, you agree to arbitration.  This means you waive your right to have the dispute brought to court before a judge or jury.  You also agree to waive your right to participate in class actions, class arbitrations, or representative actions.  Please read more about this in Section 15 of these Terms.

These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and General Store. 

1. Goods are defined as goods, services, art, crafts, and gift cards (“Goods”).

2.  When you buy Goods on General Store, you are buying them directly from an independent vendor, not from General Store.  General Store is merely facilitating the purchase.  The individual vendors, and not General Store, are responsible for fulfilling, shipping, and/or delivering the item you purchased to you.

3.  Timeframe for delivery of Goods

It is up to each vendor to specify a timeframe for delivery of Goods purchased on General Store.  It is the vendor’s responsibility and not General Store’s to ensure you receive the Goods in the timeframe indicated by each vendor.  General Store is not liable for a vendor’s failure to deliver Goods within a given timeframe.

4.  Condition of Goods

Each vendor is responsible for the condition of Goods and not General Store.  General Store makes no promises about the condition of Goods and is not liable for any actual or perceived defect in the Goods sold on General Store.

5.  Lost or stolen Goods

When you place an order on General Store for delivery, you understand that you might not be home at the time of delivery.  Neither vendor nor General Store is liable for any lost or stolen Goods.  As soon as the Goods are delivered to the shipping address you indicated at checkout, you are solely responsible for Goods.  You can enter special delivery instructions in the notes section at checkout indicating a specific location for delivery of Goods, e.g. back deck, neighbor, etc.

6. Returns

The return policy is different depending on the type of Goods.  Each vendor is free to limit returns further, but must state clearly in its product description if returns are prohibited or restricted further than the policy outlined below.  

Custom Goods, Plants, Flowers, and Food

Goods that are custom made, or plants, flowers, and food are non-returnable.

Services and Experiences

Services and experiences are non-refundable.

Handmade or Handcrafted Goods

Handmade or Handcrafted Goods are goods that the vendor makes by hand.  If Goods are Handmade/Handcrafted and custom, plants, flowers, or food, they will be covered under the policy for custom goods, plants, flowers, and food, and as such are non-returnable.

For Goods that are Handmade or Handcrafted, vendors agree to provide store credit or exchanges equal to the purchase price  within five (5) days from the date the Goods were delivered to the customer, if the Goods are: (1) unused in original packaging or (2) defective.

All other Goods

Vendors agree to provide store credit or exchanges equal to the purchase price within fourteen (14) days from the date the Goods were delivered to the customer or picked up by the Customer, if the Goods are: (1) unused in original packaging or (2) defective.

Again, each vendor may further restrict their return policy by specify the additional restriction in its product description.  If a vendor has further restricted its return policy, the vendor  return policy controls and not these terms.

If you believe another exception to our return policy is warranted, you will explain the circumstances in writing and General Store, in its sole discretion, may agree to make an exception.

7.  You are responsible for your General Store account. You’re solely responsible for any activity on your account and agree to keep your password secure.  Content that you post in connection with your account is your content (“Your Content”). General Store doesn’t make any claim to it. That includes anything you post (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).

You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

By posting Your Content through our services, you grant General Store a license to use it.  By posting Your Content, you grant General Store a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide its and to promote General Store in any formats and through any channels,

You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive. You also agree not to post any content that is false and misleading or to use your account to perpetrate fraud or deception.

You agree that you will not violate any laws in connection with your account.  

8.  General Store does not screen customers, sellers, or users of our services.   You agree to release us from all liability relating to your interactions with other users, customers, or sellers.

9.  General Store expressly disclaims any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

10.  General Store does not guarantee that its site will be secure or available at any particular time or location, that any defects or errors will be corrected; that its site will be free of viruses or other harmful materials; or that the results of being part of General Store will meet your expectations. You agree to use your account solely at your own risk.

11.  Neither General Store nor its employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with your use of our website, your account or these Terms.

12.  If General Store gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend General Store (including any of its employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use of our website, your account, your breach of these Terms, or your infringement of someone else’s rights.  You release General Store from any claims, demands, and damages arising from your use of our site or your account.

13.  You or General Store may terminate your account at any time.  We may terminate or suspend your account and your access to your account at any time, for any reason, and without advance notice.  

14.  General Store reserves the right to change, suspend, or discontinue any of our services at any time, for any reason. We will not be liable to you for the effect that any changes may have on you.

15.  Arbitration Clause

The Terms are governed by the laws of the State of New Jersey, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

You and General Store agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis–class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and General Store are each waiving the right to trial by jury or to participate in a class action or class arbitration.  However, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.

Any legal action against General Store related to our Services must be filed and take place in Essex County, New Jersey. That means the seat of any arbitration shall be Essex County. For any actions not subject to arbitration, you and General Store agree to submit to the personal jurisdiction of a state court located in Essex County, New Jersey or the United States District Court for the District of New Jersey.