Legal notice
LEGAL NOTICE & TERMS AND CONDITIONS
Welcome to TOTEA.
These Legal Notice and Terms and Conditions (“Terms”) govern your access to and use of the TOTEA website and your purchase of products through our online store.
By accessing our website, using our services, or placing an order, you acknowledge that you have read, understood, and agreed to these Terms, together with our Privacy Policy, Shipping Policy, and Returns & Refund Policy.
If you do not agree with these Terms, please do not use our website or place an order.
1. ABOUT TOTEA
TOTEA is an online retail brand offering products and accessories through its website.
For any questions, concerns, or requests relating to our website, products, orders, or these Terms, you may contact us at:
Email: mytotea@use.startmail.com
2. ACCEPTANCE OF THESE TERMS
By using this website or placing an order, you confirm that you have the legal capacity to enter into a binding agreement under the laws applicable to you.
You agree to use the website lawfully and in accordance with these Terms and all applicable laws and regulations.
We reserve the right to update or modify these Terms from time to time where reasonably necessary, including to reflect changes in our services, business practices, or applicable laws.
The version of the Terms applicable to your purchase will generally be the version displayed on our website at the time your order is placed, unless applicable law requires otherwise.
3. USE OF THE WEBSITE
You agree not to use this website:
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For any unlawful, fraudulent, or abusive purpose.
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To interfere with the operation or security of the website.
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To attempt to gain unauthorized access to our systems, accounts, or information.
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To introduce viruses, malware, or other harmful code.
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To impersonate another person or provide false information.
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To use our content, branding, photographs, or materials for unauthorized commercial purposes.
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In any manner that could damage, disable, overburden, or impair the website.
We reserve the right to restrict or terminate access to the website where reasonably necessary to protect our services, users, or business, subject always to applicable law.
4. PRODUCTS AND PRODUCT INFORMATION
We make reasonable efforts to ensure that product descriptions, images, specifications, colours, and other information displayed on our website are accurate and up to date.
However, minor differences may occur between product images displayed online and the actual product due to differences in screens, lighting, photography, manufacturing processes, or other technical factors.
Images may be provided for illustrative purposes where indicated.
Nothing in these Terms excludes or limits any mandatory consumer rights relating to the quality, safety, description, conformity, or suitability of products.
5. PRICES
All prices are displayed in the currency indicated on the website or during checkout.
Prices may be changed at any time. However, changes will not normally affect orders that have already been accepted and confirmed, except where a manifest pricing error has occurred or applicable law permits or requires otherwise.
Depending on the destination country, additional taxes, customs duties, import charges, or other government-imposed fees may apply.
Where such charges are not collected by TOTEA at checkout, they may be payable by the customer in accordance with the laws of the destination country.
6. ORDERS
When you place an order through our website, you are making an offer to purchase the selected products.
After placing an order, you may receive an automated order confirmation acknowledging that we have received your order.
Receipt of an order confirmation does not necessarily mean that the order has been finally accepted where circumstances such as product availability, payment verification, fraud prevention, or a manifest pricing error require further review.
If we are unable to fulfil an order after payment has been received, we will notify you and, where appropriate, provide a refund in accordance with applicable law.
We reserve the right to refuse or cancel an order where there are reasonable grounds to believe that the order is fraudulent, unlawful, incorrectly priced due to an obvious error, or otherwise cannot reasonably be fulfilled.
7. PRODUCT AVAILABILITY
All products are subject to availability.
Although we make reasonable efforts to maintain accurate inventory information, a product may occasionally become unavailable after an order has been placed.
If this occurs, we will notify you and, where applicable, provide an appropriate solution, which may include an alternative product or refund in accordance with applicable law.
8. PAYMENT
Payments are processed through third-party payment providers made available during checkout.
Where payment processing is handled by a third-party provider, TOTEA does not directly store complete payment card details.
You confirm that you are authorized to use the payment method provided when placing your order.
We may refuse or cancel a transaction where there are reasonable grounds to suspect fraud, unauthorized payment activity, or other unlawful conduct.
9. SHIPPING AND DELIVERY
Orders are generally processed within 1–3 business days.
After an order has been processed, delivery typically takes 6–12 business days, depending on the destination and circumstances affecting transportation.
Delivery estimates are provided for guidance and do not constitute a guarantee of delivery on a specific date unless expressly stated otherwise.
Delivery times may be affected by circumstances outside our reasonable control, including carrier delays, customs processing, severe weather, strikes, transportation disruptions, governmental restrictions, or other exceptional circumstances.
For further information, please refer to our Shipping Policy.
10. INTERNATIONAL ORDERS, CUSTOMS AND IMPORT CHARGES
Orders shipped internationally may be subject to customs procedures, import duties, taxes, GST, VAT, or other charges imposed by the destination country.
Where such charges are applicable and are not collected by TOTEA at checkout, the customer may be responsible for paying them.
Customers are responsible for providing accurate and complete delivery information and complying with applicable import requirements.
TOTEA is not responsible for delays caused by customs authorities or import procedures that are outside our reasonable control.
Nothing in this section limits any rights or remedies that cannot legally be excluded.
11. RETURNS, REFUNDS AND CANCELLATIONS
Returns, refunds, exchanges, and cancellations are handled in accordance with our Returns & Refund Policy, together with any mandatory consumer rights applicable to your purchase.
Nothing in these Terms or our Returns & Refund Policy is intended to exclude, restrict, or replace any consumer guarantee, statutory right, cancellation right, refund right, or other protection that cannot legally be excluded or restricted in your jurisdiction.
Depending on the country in which you reside and the circumstances of your purchase, you may have additional statutory rights.
12. CONSUMER GUARANTEES AND MANDATORY RIGHTS
TOTEA respects applicable consumer protection laws.
Nothing in these Terms is intended to exclude, restrict, or modify any rights, guarantees, warranties, remedies, or protections that cannot legally be excluded, restricted, or modified.
For customers in Australia, products are subject to the consumer guarantees provided under the Australian Consumer Law where applicable.
These guarantees may provide consumers with rights concerning acceptable quality, safety, conformity with description, fitness for purpose, and other matters established by law.
Where a consumer guarantee is not met, the consumer may be entitled to a repair, replacement, refund, compensation, or another remedy depending on the circumstances and applicable law.
For customers located in other jurisdictions, mandatory consumer protections applicable in those jurisdictions will continue to apply where required by law.
13. INTELLECTUAL PROPERTY
Unless otherwise stated, all intellectual property appearing on or forming part of this website is owned by TOTEA or used under appropriate authorization.
This includes, without limitation:
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The TOTEA name and branding.
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Logos.
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Product photographs.
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Website designs.
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Text and written content.
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Graphics.
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Videos.
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Marketing materials.
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Product designs and visual materials.
You may not copy, reproduce, modify, distribute, publish, sell, license, or commercially exploit our content without prior written permission, except where such use is expressly permitted by applicable law.
Your use of the website does not grant you ownership or any intellectual property rights in our content.
14. THIRD-PARTY SERVICES AND LINKS
Our website may contain links, integrations, payment services, applications, or other features provided by third parties.
Third-party services may operate under their own terms and privacy policies.
TOTEA is not responsible for the content, availability, security, or practices of third-party websites or services to the extent permitted by applicable law.
15. CUSTOMER REVIEWS AND USER CONTENT
Where our website allows customers to submit reviews, photographs, comments, or other content, you agree that any content you submit must be truthful and must not:
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Be fraudulent, misleading, or deceptive.
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Infringe another person's intellectual property or other legal rights.
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Contain unlawful, abusive, defamatory, or harmful material.
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Contain malicious software or harmful code.
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Impersonate another person.
We may remove or moderate content that violates these Terms or applicable law.
Customer reviews represent the views of the individuals who submit them and do not necessarily represent the views of TOTEA.
16. PRIVACY
Your use of our website and our processing of personal information are governed by our Privacy Policy.
We may process personal information in accordance with applicable privacy and data protection legislation.
Depending on your location and the circumstances of the processing, you may have specific rights regarding your personal information.
Please refer to our Privacy Policy for further information.
17. DISCLAIMER
To the maximum extent permitted by applicable law, we do not guarantee that the website will always be available, uninterrupted, secure, or completely free from errors.
We may temporarily suspend access to the website for maintenance, technical reasons, security purposes, or other legitimate reasons.
Nothing in these Terms excludes or limits any liability, guarantee, warranty, or consumer right that cannot legally be excluded or limited.
18. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, TOTEA will not be liable for losses that:
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Were not reasonably foreseeable at the time the relevant contract was entered into.
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Result solely from information incorrectly provided by the customer.
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Result from misuse of a product contrary to reasonable instructions or its intended purpose.
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Result from circumstances outside our reasonable control.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
In particular, nothing in these Terms affects mandatory consumer guarantees or statutory rights.
19. FORCE MAJEURE
TOTEA will not be responsible for delays or failures caused by circumstances beyond our reasonable control.
These circumstances may include, without limitation:
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Natural disasters.
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Fires.
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Floods.
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Public health emergencies.
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War or civil unrest.
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Strikes or industrial disputes.
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Significant transportation disruptions.
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Government restrictions.
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Customs disruptions.
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Failures of essential infrastructure or service providers.
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Major technological or telecommunications failures.
Where reasonably possible, we will take appropriate steps to minimize the impact of such circumstances on customers.
20. ERRORS AND OMISSIONS
We make reasonable efforts to ensure that information displayed on our website is accurate.
However, occasional typographical errors, technical errors, pricing errors, inaccuracies, or omissions may occur.
Where a manifest error affects an order, we may take reasonable corrective action as permitted by applicable law and will notify the customer where required.
21. CHANGES TO THE WEBSITE
We may modify, update, suspend, or discontinue parts of the website or its functionality where reasonably necessary.
Such changes will not affect rights already acquired by customers in respect of orders that have been accepted, except where applicable law permits or requires otherwise.
22. GOVERNING LAW AND CONSUMER RIGHTS
These Terms shall be interpreted and applied in accordance with applicable law.
Where mandatory consumer protection laws in your country or jurisdiction provide rights that cannot legally be excluded by contract, those rights will continue to apply.
Nothing in these Terms is intended to prevent a consumer from exercising any mandatory legal rights available to them or from bringing a claim before a competent court or authority where permitted by applicable law.
23. DISPUTE RESOLUTION
If you have a concern regarding an order, product, delivery, refund, or any other matter, we encourage you to contact us first so that we can attempt to resolve the matter efficiently.
You can contact us at:
Where appropriate and legally permitted, both parties may attempt to resolve disputes amicably before initiating formal proceedings.
This section does not restrict any mandatory rights a consumer may have to access courts, regulators, consumer protection bodies, alternative dispute resolution mechanisms, or other competent authorities.
24. SEVERABILITY
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable by a competent authority, that provision shall be interpreted or modified to the minimum extent necessary to make it enforceable where legally possible.
The remaining provisions shall remain in full force and effect.
25. NO WAIVER
If TOTEA does not immediately enforce any right or provision contained in these Terms, this does not constitute a waiver of that right or provision.
26. ENTIRE AGREEMENT
These Terms, together with the policies expressly incorporated into them, constitute the terms governing your use of the website and your purchases from TOTEA, except where mandatory applicable law provides otherwise.
27. CONTACT
If you have any questions regarding these Terms, our products, your order, returns, refunds, shipping, or any other matter relating to TOTEA, please contact us at:
TOTEA