These Terms of Service ("Terms") govern your access to and use of the Tobettie website (the "Site"), products, and related services (collectively, the "Service"). The terms "we," "us," and "our" refer to Tobettie. By accessing, browsing, or using any part of the Service, or placing an order through the Site, you ("you" or "User") agree to be bound by these Terms, our Privacy Policy, and Return Policy (collectively, the "Agreements"). If you do not agree to all provisions of the Agreements, you may not access or use the Service.
1. Eligibility and Account Responsibilities
1.1 Eligibility
You represent and warrant that:
- You are at least the age of majority in your jurisdiction (18 years old in most U.S. states) or have obtained parental/guardian consent if you are a minor;
- You have the legal capacity to enter into these Terms;
- All information you provide is true, accurate, current, and complete.
1.2 Account Creation and Maintenance
- To use certain features of the Service (e.g., track orders, save preferences), you may need to create an account. You are responsible for:
- Maintaining the confidentiality of your login credentials (username, password);
- Restricting access to your account and device;
- Promptly updating your account information (e.g., shipping address, contact number) if it changes.
- You agree to notify us immediately at cs@tobettie.com if you suspect unauthorized access to your account. We are not liable for any losses or damages resulting from your failure to protect your account security.
- You may not transfer, lend, or share your account with any third party. We reserve the right to suspend or terminate accounts used in violation of this provision.
1.3 Account Activity Liability
You are solely responsible for all activities conducted under your account, including:
- All purchases and transactions initiated through your account;
- Any content posted or shared via your account (e.g., reviews, comments);
- Compliance with these Terms and applicable laws for all account-related actions.
2. Acceptable Use and Prohibited Activities
2.1 Permitted Use
You may use the Service only for legitimate purposes related to browsing, purchasing products, and engaging with our content in accordance with these Terms.
2.2 Prohibited Activities
You agree not to engage in any of the following activities:
- Using the Service for illegal, fraudulent, or deceptive purposes (e.g., placing orders with stolen payment methods, fake identities, or fraudulent shipping addresses);
- Disrupting or interfering with the Service (e.g., sending spam, viruses, or malware; scraping, crawling, or harvesting data from the Site without our express written permission; overloading our servers);
- Violating intellectual property rights (e.g., copying, modifying, distributing, or reproducing our content, trademarks, or product images without authorization);
- Engaging in abusive or unfair business practices (e.g., bulk ordering with the intent to cancel maliciously, reselling coupons/promotional codes for profit, manipulating reviews or ratings);
- Circumventing access restrictions, security measures, or pricing rules (e.g., using VPNs to access region-restricted content, creating multiple accounts to claim exclusive offers);
- Posting or transmitting content that is defamatory, obscene, violent, discriminatory, or infringes on third-party rights (e.g., copyrights, privacy rights).
2.3 Consequences of Prohibited Activities
We reserve the right to take immediate action if you violate prohibited activities, including:
- Canceling pending orders without notice;
- Suspending or terminating your account access;
- Withholding refunds or restricting future purchases;
- Pursuing legal action to recover damages caused by your violations;
- Reporting violations to relevant authorities if necessary.
3. Product Information, Purchases, and Billing
3.1 Product Information Accuracy
- We strive to provide accurate product descriptions, images, pricing, and specifications on the Site. However, we do not warrant that all information is error-free, complete, or current.
- We reserve the right to correct pricing or product details errors at any time, even after an order is placed. If we discover a pricing error for an order you have placed, we will notify you promptly to confirm whether you wish to proceed with the corrected price or cancel the order (with a full refund if payment was already processed).
- Product colors and images may vary slightly due to device display differences. We cannot guarantee that your device’s display will accurately reflect the actual product color.
3.2 Order Placement and Acceptance
- When you place an order, you submit a binding offer to purchase the selected products. We reserve the right to:
- Refuse or limit orders (e.g., due to inventory shortages, pricing errors, suspected fraud, or violation of our bulk purchase policies);
- Restrict sales by person, household, region, or order quantity at our discretion;
- Prohibit orders from dealers, resellers, or distributors (unless explicitly authorized by us).
- Your order is considered accepted only when we send a confirmation email with order details and a tracking number (if applicable). Prior to acceptance, we may cancel your order for any reason.
3.3 Billing and Payment
- You agree to provide accurate, complete, and valid payment information at the time of purchase. You authorize us (or our third-party payment processors) to charge the full amount of your order (including taxes, shipping fees, and other applicable charges) to your selected payment method.
- Payment must be received in full before we process or ship your order. We are not responsible for delays or order cancellations due to failed payment transactions (e.g., insufficient funds, expired cards, or declined payments).
- Prices for products are subject to change without notice. The price charged for your order will be the price displayed at the time of your order placement (unless a pricing error is identified as described in Section 3.1).
3.4 Shipping and Delivery
- Shipping times and delivery estimates are provided for reference only and are not guaranteed. We are not liable for delays caused by third-party carriers (e.g., USPS, FedEx), weather conditions, or other circumstances beyond our control.
- You are responsible for providing a correct and deliverable shipping address. If an order is returned to us due to an incorrect or undeliverable address, you may be required to pay additional shipping fees for re-delivery. We are not liable for lost or stolen packages once the carrier confirms delivery to the provided address.
4. Returns, Refunds, and Exchanges
Your rights to return, refund, or exchange products are governed by our separate Return Policy, which is incorporated into these Terms. By placing an order, you agree to comply with the Return Policy, including:
- Returning products in unused, undamaged condition with original packaging, tags, and accessories intact;
- Initiating return requests within the specified timeframe (e.g., 30 days of delivery);
- Bearing return shipping costs unless the return is due to a product defect, damage, or our error;
- Not engaging in malicious return practices (e.g., returning non-Tobettie products, returning used products as "unused," or repeated returns without valid reasons). We reserve the right to refuse return requests or restrict purchasing privileges for users who abuse our return policy.
5. Third-Party Tools and Links
The Service may include links to third-party websites, tools, or services (e.g., payment processors, social media platforms, shipping carriers). We do not control, monitor, or endorse these third parties or their content, products, or services. Your use of third-party materials is solely at your own risk. We are not liable for any losses or damages arising from your interaction with third parties. You should review the terms of service and privacy policies of third parties before using their services.
6. User Comments, Feedback, and Submissions
By submitting any comments, reviews, feedback, suggestions, ideas, or other materials ("Submissions") through the Service (e.g., product reviews, contact forms, social media), you agree to the following:
- You grant us a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, publish, and display your Submissions in any medium (now known or hereafter developed) for any business purpose (e.g., marketing, product improvement, customer testimonials).
- You warrant that your Submissions:
- Do not infringe on any third-party rights (e.g., copyrights, trademarks, privacy rights, or reputation rights);
- Are not false, misleading, defamatory, obscene, violent, discriminatory, or illegal;
- Do not contain personal information of others without their consent.
- We are not obligated to:
- Maintain your Submissions in confidence;
- Pay compensation for any Submissions;
- Post or respond to your Submissions.
- We reserve the right to monitor, edit, or remove any Submissions that violate these Terms or are otherwise objectionable. You agree to indemnify us against any claims or damages arising from your Submissions.
7. Intellectual Property
All content, features, and materials on the Service (including but not limited to text, graphics, logos, trademarks, product images, software, and design elements) are owned by us or our licensors and are protected by U.S. and international intellectual property laws. You may not:
- Copy, modify, distribute, reproduce, or create derivative works from any part of the Service;
- Use our trademarks, logos, or brand names without our express written permission;
- Remove or alter any copyright, trademark, or other proprietary notices from the Service.
8. Modifications to Terms and Service
- We reserve the right to update, revise, or modify these Terms at our sole discretion. Your continued use of the Service after the updated Terms are posted constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.
- We also reserve the right to modify, suspend, or discontinue the Service (or any part thereof, including product offerings) at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Service.
9. Disclaimer of Warranties; Limitation of Liability
9.1 Disclaimer of Warranties
THE SERVICE AND ALL PRODUCTS PROVIDED THROUGH THE SERVICE ARE OFFERED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF PRODUCT INFORMATION.
9.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
- WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL) ARISING FROM YOUR USE OF THE SERVICE OR PURCHASE OF PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE OR PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so the above provisions may not apply to you in full.
10. Indemnification
You agree to indemnify, defend, and hold harmless Tobettie, our affiliates, directors, officers, employees, and service providers from and against any claims, demands, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:
- Your breach of these Terms or any other Agreement;
- Your violation of any applicable law, regulation, or third-party right;
- Your use of the Service or any activities conducted under your account;
- Your Submissions or content posted through the Service.
11. Severability and Entire Agreement
- If any provision of these Terms is found to be unlawful, unenforceable, or invalid, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
- These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and us regarding the Service, superseding any prior or contemporaneous agreements, communications, or understandings (whether written or oral) related to the subject matter.
12. Termination
- We may terminate or suspend your access to the Service immediately, without prior notice, if you breach any provision of these Terms.
- You may terminate these Terms at any time by ceasing to use the Service and closing your account (if applicable).
- Upon termination, all rights and licenses granted to you under these Terms shall cease, and you shall be liable for any obligations incurred prior to termination. Provisions that by their nature are intended to survive termination (including indemnification, disclaimers, limitations of liability, and intellectual property rights) shall continue in full effect.
13. Contact Information
If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us at:
cs@tobettie.com