Terms of Sale
Table of Contents
- Order Acceptance & Confirmation
- Pricing & Currency
- Payment Methods
- Sales Tax
- Product Descriptions & Accuracy
- Product Availability
- Order Cancellation
- Title & Risk of Loss
- Food & Perishable Items
- Handmade & Artisan Products
- International Orders
- Gift Cards
- Promotional Offers & Discounts
- Governing Law
- Contact Information
1. Order Acceptance & Confirmation
When you place an order through 5th Tree LLC's website (5thtree.com) or at our physical location (CambridgeSide Mall, Space E112, Boston, MA), you are making an offer to purchase products on the terms described in this document. Your order is not binding until we send you a confirmation email or receipt acknowledging receipt and acceptance of your order.
5th Tree LLC reserves the right to refuse or cancel any order for any reason, including but not limited to:
- Suspected fraudulent or unauthorized transactions
- Orders that violate our policies or applicable laws
- System errors or pricing mistakes
- Product availability issues
If we refuse or cancel your order, we will notify you promptly and refund any payment received.
2. Pricing & Currency
All prices displayed on our website and in our physical store are in United States Dollars (USD) unless otherwise stated. Prices are subject to change without notice, but such changes will not affect orders already confirmed.
The price you pay for an order is the price shown at the time you complete your purchase, excluding applicable sales tax and shipping charges (which are calculated separately).
We make every effort to ensure that prices displayed are accurate. However, if a pricing error occurs, we reserve the right to:
- Cancel the affected order(s)
- Correct the price and offer you the choice to continue or cancel
- Provide a partial refund if the item has already shipped
Prices for products sourced directly from Turkish producers may fluctuate due to currency exchange rates, import costs, and seasonal availability. We will inform you of any significant price changes on order confirmation.
3. Payment Methods
5th Tree LLC accepts the following payment methods:
- Credit cards (Visa, Mastercard, American Express, Discover)
- Debit cards (Visa, Mastercard)
- Shopify Pay
- Apple Pay
- Google Pay
- PayPal (where available)
- Cash (for in-store purchases)
Payment Authorization
By providing payment information, you authorize 5th Tree LLC to charge your account for the full order amount, including applicable taxes and shipping fees. Your payment will be processed at the time your order is confirmed.
Payment Security
All online transactions are processed through secure, encrypted connections. Your payment information is never stored on our servers. Payment processing is handled by Shopify's secure payment gateway, which complies with PCI DSS (Payment Card Industry Data Security Standard) requirements.
Billing Address
You agree that the billing address you provide is accurate and matches your payment card issuer's records. Any discrepancies may result in transaction decline or order cancellation.
4. Sales Tax
5th Tree LLC is registered to collect and remit sales tax in the Commonwealth of Massachusetts. Sales tax will be applied to all orders shipped to Massachusetts addresses and to all in-store purchases.
Tax Calculation
Massachusetts state sales tax is 6.25% on most retail merchandise. This tax is calculated on the subtotal of your order (before shipping) and is displayed separately in your cart before checkout.
Out-of-State Shipments
For orders shipped to addresses outside Massachusetts, sales tax will not be applied unless required by the destination state's law. Some states may have their own sales tax requirements that apply to remote purchases. You may be responsible for paying applicable use tax in your state.
Tax-Exempt Status
If you are a Massachusetts-registered tax-exempt organization, you may provide a valid resale or exemption certificate before completing your purchase. Sales tax will be removed upon verification of your exemption status.
5. Product Descriptions & Accuracy
We strive to provide accurate and detailed descriptions of all products available through our website and physical store, including images, materials, dimensions, colors, and ingredient lists.
Product Information
Product descriptions, images, and specifications are provided for your convenience and are accurate to the best of our knowledge. However, due to the handcrafted nature of some products and variations in natural materials, slight differences between product descriptions and the actual product may occur.
Limitations of Online Imagery
Product images are intended to be representative. Colors, shading, and finish may appear different on your screen depending on lighting, display settings, and individual device characteristics. Items may also appear larger or smaller on screen than in person.
Ingredient & Nutritional Information
For food and consumable products, we provide ingredient lists and allergen information to the best of our knowledge. However, suppliers may change formulations or recipes. Always review the actual product packaging for complete ingredient lists, allergens, and usage instructions before consumption.
6. Product Availability
Products are offered for sale while supplies last. We maintain inventory based on supplier availability and seasonal production of handmade and artisan items from Turkey.
Out of Stock
If a product becomes out of stock after you place your order but before shipment, we will notify you within 2 business days and offer the following options:
- Substitute a similar product at the same or lower price
- Backorder the item for future shipment (timeframe provided upon request)
- Receive a full refund
Inventory Accuracy
While we use automated inventory management, real-time stock levels may occasionally vary, especially during high-traffic periods. If we are unable to fulfill your order due to inventory discrepancies, we will refund your payment in full and notify you promptly.
Pre-orders & Made-to-Order Items
Some handmade and artisan products may be made-to-order, with lead times noted on the product page. By placing an order for a made-to-order item, you agree to the estimated fulfillment timeline provided.
7. Order Cancellation
Cancellation by Customer
You may request to cancel your order within 2 hours of placing it, provided the order has not yet been processed for shipment. To request cancellation, email 5thtreebazaar@gmail.com immediately with your order number.
Once an order has been processed or shipped, cancellation is not available. In such cases, you may refuse delivery or initiate a return through our standard return process.
In-Store Purchases
For in-store purchases at CambridgeSide Mall Space E112, you must request cancellation at the time of purchase or within 30 minutes if you leave the store.
Cancellation by 5th Tree LLC
We may cancel your order if:
- The product becomes unavailable
- There is a pricing error
- We detect fraudulent or unauthorized activity
- Delivery is not possible to your address
- Your payment method is declined
In the event of cancellation by 5th Tree LLC, we will refund your full payment within 5-7 business days.
8. Title & Risk of Loss
Transfer of Title
Title to the product(s) you purchase passes to you when:
- For in-store purchases: At the point of sale (when payment is processed and you receive the item)
- For online orders: When the package is marked as "delivered" by the carrier at your shipping address
Risk of Loss
Risk of loss transfers from 5th Tree LLC to you in accordance with title transfer. Therefore:
- For in-store purchases: You assume risk of loss immediately upon purchase
- For online orders: You assume risk of loss upon delivery to your address (or upon signature, if signature is required)
Once you assume risk of loss, any damage, theft, or loss is your responsibility. We recommend purchasing shipping insurance for high-value items.
Delivery Issues
If a package arrives damaged or is lost in transit, you must report the issue to us within 48 hours of delivery. We will work with the shipping carrier to file a claim and may be able to arrange a replacement or refund.
9. Food & Perishable Items
5th Tree LLC sells authentic Turkish food products, including baklava, lokum (Turkish delight), dried fruits, nuts, herbs, spices, and other perishable and non-perishable food items.
Expiration & Storage
All food products are clearly labeled with expiration or best-by dates. You are responsible for checking these dates upon receipt. Proper storage instructions are provided on product packaging. Failure to follow storage instructions may result in spoilage or loss of quality, for which 5th Tree LLC is not responsible.
Allergen Information
Our products may contain or be processed in facilities that handle:
- Tree nuts (almonds, pistachios, walnuts)
- Sesame
- Dairy
- Gluten
- Sulfites
Please review all ingredient lists and allergen warnings before consuming. If you have a severe food allergy, contact us at 5thtreebazaar@gmail.com before ordering to confirm product suitability.
Vegan & Organic Products
Products labeled as "vegan" or "organic" are sourced directly from Turkish producers who certify such status. We rely on supplier certifications and do not independently verify organic or vegan claims. If you require third-party certification, please contact us for additional documentation.
Shipping Restrictions
We do not ship liquid or temperature-sensitive food items internationally due to shipping restrictions and spoilage risks. Some food items may not be available during peak summer months due to heat and transit conditions.
10. Handmade & Artisan Products
Many of our products are handmade or artisan-crafted by skilled Turkish artisans and producers. These items have unique characteristics and variations that are considered desirable and authentic.
Acceptable Variations
Handmade and artisan products are not mass-produced in uniform factories. You can expect and accept the following variations as part of the product's authenticity and charm:
- Slight color variations and natural color inconsistencies in fabrics, ceramics, and wood
- Variations in pattern placement and design details
- Minor imperfections in stitching, weaving, or carving
- Natural markings, grain, or texture variations in materials
- Slight size variations (within ±5% of stated dimensions)
- Unique characteristics that make each item one-of-a-kind
Quality Standards
While variations are normal, products must still meet our quality standards. Items must be:
- Structurally sound and fit for their intended purpose
- Free of major defects that significantly impair usability
- Accurately described in terms of materials and craftsmanship
Product Durability
Handmade and artisan products may not be as durable as mass-produced commercial items. We recommend proper care and storage. Care instructions are provided with each product.
By purchasing handmade or artisan products from 5th Tree LLC, you acknowledge and accept these natural variations as desirable characteristics of authentic, artisan-made items.
11. International Orders
5th Tree LLC currently ships internationally to select countries. International shipping availability may vary based on product type, destination country, and current shipping carrier restrictions.
International Shipping Terms
- International orders are shipped via USPS International Mail, DHL, or other carriers as appropriate
- Shipping costs are calculated based on destination, weight, and shipping method
- Delivery times typically range from 2-4 weeks, but delays may occur due to customs processing
- 5th Tree LLC is not responsible for delays caused by customs authorities or import regulations
Customs & Duties
International customers are responsible for any customs duties, import taxes, or tariffs imposed by their destination country. These fees are separate from shipping charges and will be collected by the carrier upon delivery in most cases. 5th Tree LLC has no control over these fees and cannot predict or refund them.
Restrictions
Certain products cannot be shipped internationally, including:
- Food items (due to import regulations)
- Liquid or temperature-sensitive products
- Items prohibited under destination country's import laws
We will inform you during checkout if your items cannot be shipped to your selected destination.
Returns for International Orders
Returns for international orders must be pre-approved. Return shipping costs are the responsibility of the customer. See our Return Policy for full details.
12. Gift Cards
Purchase & Redemption
5th Tree LLC offers digital and physical gift cards. Gift cards can be purchased and redeemed for merchandise at 5thtree.com and at our physical location (CambridgeSide Mall, Space E112, Boston, MA).
Terms
- Gift cards do not expire and have no expiration date
- Gift cards are non-refundable, except as required by law
- Gift cards cannot be redeemed for cash or used to purchase other gift cards
- Lost, stolen, or damaged gift cards cannot be replaced
- The full value of the gift card must be redeemed; partial redemption is not available
Balance Inquiries
To check your gift card balance, contact us at 5thtreebazaar@gmail.com with your gift card number.
Promotional & Restricted Gift Cards
Some gift cards may be issued as promotional offers with specific terms and restrictions. Any restrictions will be clearly noted on the gift card or in the promotional offer.
13. Promotional Offers & Discounts
Eligibility & Restrictions
Promotional offers, discounts, and coupon codes are subject to specific terms and conditions. All promotional terms will be clearly stated at the point of offer. We reserve the right to:
- Limit promotional offers to specific products or customer segments
- Set minimum purchase requirements
- Exclude certain products from promotional discounts
- Modify, suspend, or terminate promotional offers at any time without notice
- Reject or cancel orders that appear to be using promotions fraudulently
Coupon Codes
Coupon codes are single-use or multi-use as stated. Codes that have expired, been revoked, or are misrepresented cannot be honored. We reserve the right to deny any code that appears to be fraudulent or improperly obtained.
Discount Stacking
Unless otherwise stated, promotional discounts and coupons cannot be combined with other offers, sales, or discounts. Only the best available offer will be applied to your order.
Pricing Errors in Promotions
If a promotional offer results in an obvious or unintended pricing error, we reserve the right to cancel affected orders and notify you. We will work with you to offer an alternative resolution.
14. Governing Law & Jurisdiction
These Terms of Sale are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.
Jurisdiction & Venue
Any legal proceedings, claims, or disputes arising from these Terms of Sale or your purchases shall be subject to the exclusive jurisdiction of the courts located in Suffolk County, Massachusetts. You agree to submit to the personal jurisdiction of these courts and waive any objection to venue or inconvenient forum.
Dispute Resolution
Before pursuing formal legal action, we encourage you to contact us at 5thtreebazaar@gmail.com to resolve any disputes informally. We will make good-faith efforts to address your concerns within 10 business days.
15. Contact Information
For questions about these Terms of Sale, to report issues with your order, or to request customer service, please contact us:
5th Tree LLC
Boston, MA
We aim to respond to all inquiries within 2 business days. Please include your order number if you are contacting us about a specific purchase.
Additional Terms & Policies
These Terms of Sale work in conjunction with our other policies, including:
- Privacy Policy — How we collect, use, and protect your personal information
- Return Policy — Our procedures for returns, exchanges, and refunds
- Shipping Policy — Shipping methods, costs, and delivery times
- Website Terms of Use — General terms governing use of 5thtree.com
If there is a conflict between these Terms of Sale and other policy documents, these Terms of Sale will control unless the other policy is more favorable to you.
Entire Agreement
These Terms of Sale, together with our Privacy Policy, Return Policy, and Shipping Policy, constitute the entire agreement between you and 5th Tree LLC regarding your purchase of products and supersede all prior negotiations, representations, and agreements, whether written or oral.
If any provision of these Terms of Sale is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
Your continued use of 5thtree.com and purchases from 5th Tree LLC constitute your acceptance of these Terms of Sale.