Terms of service

Definitions

For the purposes of these terms and conditions:

Affiliate means an entity that controls, is controlled by, or is under common control with a party. “Control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.

Country refers to the United States; Australia; New Zealand.

Company (referred to as “the company,” “we,” “us,” or “our” in this agreement) refers to Toasty Touch, LLC.

Device means any device that can access the service, such as a computer, cellphone, or digital tablet.

Goods refer to items offered for sale on the service.

Orders mean a request by you to purchase goods from us.

Service refers to the website.

Terms and conditions (also referred to as “terms”) mean these terms and conditions that form the entire agreement between you and the company regarding the use of the service.

Third-party social media service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the service.

Website refers to Toasty Touch, accessible from toastytouch.com.

You means the individual accessing or using the service, or the company or other legal entity on whose behalf such individual is accessing or using the service.

Acknowledgment

These are the terms and conditions governing the use of this service and the agreement between you and the company. These terms set out the rights and obligations of all users regarding the service.

Your access to and use of the service is conditioned on your acceptance of and compliance with these terms. They apply to all visitors, users, and others who access or use the service.

By accessing or using the service you agree to be bound by these terms. If you disagree with any part of them, you may not access the service.

You represent that you are over the age of 18. The company does not permit those under 18 to use the service.

Your access to and use of the service is also conditioned on your acceptance of and compliance with the company’s Privacy Policy. Please read it carefully before using the service.

Placing Orders for Goods

By placing an order for goods through the service, you warrant that you are legally capable of entering into binding contracts.

Your Information

If you wish to place an order for goods available on the service, you may be asked to provide certain information relevant to your order including, without limitation: your name, email, phone number, credit card number, expiration date, billing address, and shipping information.

You represent and warrant that:

you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and
the information you provide to us is true, correct, and complete.

By submitting such information, you grant us the right to provide it to payment processors for the purpose of facilitating your order.

Order Cancellation

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to:

goods availability

errors in descriptions or prices

errors in your order

We may also refuse or cancel an order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any goods you purchase can only be returned in accordance with these terms and our returns policy. Please read our returns policy to learn more about your right to cancel.

Your right to cancel only applies to goods returned in the same condition as received. All product instructions, documents, and wrappings should be included. Goods that are damaged, not in their original condition, or worn beyond opening the packaging will not be refunded.

We will reimburse you no later than 14 days from the day we receive the returned goods, using the same means of payment used for the order. You will not incur any fees for such reimbursement.

You will not have any right to cancel an order for:

goods made to your specifications or clearly personalized

goods that are not suitable for return due to their nature, deteriorate quickly, or have expired

goods not suitable for return for health protection or hygiene reasons if unsealed after delivery

goods that, after delivery, are inseparably mixed with other items

Prices Policy

The company reserves the right to revise prices at any time prior to accepting an order.

Payments

All goods purchased are subject to a one-time payment. Payment can be made through methods we offer, such as Visa, MasterCard, American Express, or online services like PayPal.

Payment cards are subject to validation checks and authorization by your card issuer. If authorization is not received, we will not be liable for any delay or non-delivery of your order.

Intellectual Property

The service and its original content (excluding content provided by you or other users), features, and functionality are and will remain the exclusive property of the company.

The service is protected by copyright, trademark, and other laws of both the United States and other countries.

Our trademarks and trade dress may not be used in connection with any product or service without prior written consent from the company.

Links to Other Websites

Our service may contain links to third-party websites or services that are not owned or controlled by the company.

The company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You agree that the company shall not be liable for any damage or loss caused by or in connection with the use of or reliance on such content, goods, or services.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including if you breach these terms.

Upon termination, your right to use the service will cease immediately.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the company and its suppliers under any provision of these terms and your exclusive remedy shall be limited to the amount you actually paid through the service.

To the maximum extent permitted by law, the company and its suppliers will not be liable for any special, incidental, indirect, or consequential damages whatsoever (including but not limited to loss of profits, data, or privacy; business interruption; or personal injury) arising out of or in any way related to the use or inability to use the service, even if advised of the possibility of such damages.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so some limitations may not apply. In such cases, liability will be limited to the greatest extent permitted by law.

“As Is” and “As Available” Disclaimer

The service is provided to you “as is” and “as available” with all faults and defects without warranty of any kind. To the maximum extent permitted by law, the company disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We make no representation or warranty that the service will:

meet your requirements

achieve intended results

operate without interruption or errors

be reliable, accurate, or virus-free

Some jurisdictions do not allow the exclusion of certain warranties, so some exclusions may not apply. In such cases, they will apply to the maximum extent permitted by law.

Governing Law

The laws of the United States (Utah), excluding its conflict of law rules, govern these terms and your use of the service. Your use may also be subject to other local, state, national, or international laws.

Dispute Resolution

If you have any dispute or concern about the service, you agree to first try to resolve it informally by contacting the company.

United States Legal Compliance

You represent and warrant that:

you are not located in a country subject to U.S. government embargo, or designated as a “terrorist supporting” country; and
you are not listed on any U.S. government list of prohibited or restricted parties.

Severability

If any provision of these terms is held unenforceable or invalid, that provision will be modified and interpreted to accomplish its objectives to the greatest extent possible under law, and the remaining provisions will remain in effect.

Waiver

Failure to exercise a right or require performance of an obligation under these terms shall not affect a party’s ability to exercise that right or require such performance later. Waiving a breach does not waive any subsequent breach.

Changes to These Terms

We reserve the right, at our discretion, to modify or replace these terms at any time.

By continuing to use our service after revisions become effective, you agree to be bound by the revised terms. If you do not agree, you must stop using the service.