Terms of service

Terms of Service

OVERVIEW

Welcome to TOTEA.

These Terms of Service ("Terms", "Terms of Service", "we", "us", "our" or "TOTEA") govern your access to and use of the TOTEA website, online store, content, features, tools, products and services (collectively, the "Services").

TOTEA's online store is powered by Shopify, which provides the technology and infrastructure that enables us to operate our Services.

By accessing, browsing or using our Services, or by placing an order through our online store, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree with these Terms, you should not use or access the Services.

These Terms apply internationally, subject always to any mandatory consumer protection, privacy or other laws that apply to your purchase or use of the Services.

Where mandatory laws provide you with rights or protections that cannot legally be excluded or limited, those rights will continue to apply.

SECTION 1 — ACCESS AND ACCOUNT

You must be legally permitted to enter into a binding agreement in your jurisdiction in order to make purchases through our Services.

If you are under the legal age required to make purchases in your jurisdiction, you may only use our Services with the involvement and permission of a parent or legal guardian where permitted by applicable law.

When using our Services or placing an order, you may be required to provide information such as your name, email address, billing information, payment information and shipping address.

You agree that the information you provide is accurate, current and complete.

You are responsible for maintaining the confidentiality of any account credentials associated with your account and for activities carried out through your account.

You must not sell, transfer, assign or otherwise provide your account to another person without our prior written consent.

TOTEA reserves the right to suspend or terminate accounts where we reasonably believe that these Terms have been violated, fraud has occurred, or the Services are being misused, subject to applicable law.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to ensure that product descriptions, images, specifications and other information displayed on our website are accurate and up to date.

However, the appearance of products, including colours, may vary depending on your device, screen settings, lighting and other technical factors.

Product images are provided for illustrative purposes and may not always represent the exact appearance of the product received.

We reserve the right to:

  • Update product descriptions;

  • Modify product information;

  • Change product availability;

  • Discontinue products;

  • Limit quantities;

  • Limit purchases by customer, location or jurisdiction; and

  • Correct errors or inaccuracies,

subject to applicable law and any rights you may have regarding an order that has already been accepted.

SECTION 3 — ORDERS

When you place an order through our website, you are submitting a request to purchase the selected products.

An order confirmation email acknowledges that we have received your order but does not necessarily mean that your order has been accepted.

TOTEA reserves the right to accept, refuse or cancel an order where permitted by applicable law, including in circumstances involving:

  • Product availability;

  • Pricing or listing errors;

  • Payment issues;

  • Suspected fraud or unauthorised activity;

  • Incorrect information;

  • Shipping restrictions;

  • Technical errors; or

  • Other legitimate business reasons.

If we cancel or modify an order after payment has been received, we will provide an appropriate refund for any amount paid for the cancelled portion of the order, subject to applicable law.

We may contact you using the email address, telephone number or other contact information provided when placing your order.

Please review your order carefully before submitting it.

Once an order has been accepted and processing or fulfilment has begun, we may not be able to accommodate cancellation requests.

Returns and refunds are governed by our Returns & Refund Policy.

Unless otherwise expressly agreed by TOTEA, products purchased through our website are intended for personal or household use and not for unauthorised commercial resale.

SECTION 4 — PRICES AND BILLING

Product prices, discounts and promotions may change from time to time.

The price applicable to your order will generally be the price displayed at the time the order is placed, as confirmed in your order confirmation.

Unless expressly stated otherwise, prices displayed on our website may not include:

  • Shipping charges;

  • Customs duties;

  • Import taxes;

  • Brokerage or handling fees; or

  • Other charges imposed by the destination country or authorities.

Where applicable, these charges may be payable by the customer.

TOTEA is not responsible for charges imposed by customs authorities, governments, carriers or other third parties unless otherwise required by applicable law.

Promotional offers may be subject to additional terms and conditions. Where specific promotional terms conflict with these Terms, the specific promotional terms will apply to the extent of the conflict.

You agree to provide accurate and complete payment and billing information.

You represent that you are authorised to use the payment method provided for your purchase.

TOTEA reserves the right to refuse, cancel or investigate transactions that appear fraudulent, unauthorised or otherwise suspicious, subject to applicable law.

SECTION 5 — SHIPPING AND DELIVERY

TOTEA may use third-party fulfilment partners, logistics providers and shipping carriers to fulfil and deliver orders.

Estimated delivery times are provided for guidance only and are not guaranteed unless expressly stated otherwise.

Delivery times may be affected by factors outside TOTEA's reasonable control, including:

  • Shipping carrier delays;

  • Customs processing;

  • Import requirements;

  • Weather;

  • Natural disasters;

  • Strikes;

  • Government actions;

  • Incorrect or incomplete delivery information;

  • Peak periods; or

  • Other events beyond our reasonable control.

For international orders, the customer is responsible for providing accurate delivery information and complying with applicable import requirements.

Where applicable, customs duties, import taxes, brokerage fees or similar charges may be payable by the customer.

TOTEA will not be responsible for delays or additional charges caused by incorrect or incomplete information supplied by the customer, or by circumstances outside our reasonable control, except where applicable law provides otherwise.

Nothing in this section limits any rights you may have under mandatory consumer protection laws concerning delivery, non-delivery or loss of goods.

SECTION 6 — INTELLECTUAL PROPERTY

Unless otherwise stated, the Services and their contents, including:

  • TOTEA trademarks;

  • Logos;

  • Brand names;

  • Product names;

  • Product designs;

  • Text;

  • Photographs;

  • Graphics;

  • Videos;

  • Audio;

  • Product descriptions;

  • Reviews;

  • Website design;

  • Layout;

  • Content; and

  • Other materials,

are owned by or licensed to TOTEA and may be protected by applicable intellectual property laws.

You may access and use the Services for personal, non-commercial purposes.

Unless permitted by law or expressly authorised by TOTEA, you must not:

  • Copy;

  • Reproduce;

  • Modify;

  • Distribute;

  • Republish;

  • Sell;

  • Create derivative works;

  • Publicly display;

  • Publicly perform;

  • Extract;

  • Scrape; or

  • Exploit

any substantial portion of the Services or their content without our prior written permission.

Nothing in these Terms grants you ownership of or a licence to TOTEA's intellectual property except for the limited right to use the Services in accordance with these Terms.

All rights not expressly granted are reserved by TOTEA and its licensors.

SECTION 7 — THIRD-PARTY TOOLS

Our Services may provide access to tools, applications or functionality provided by third parties.

These third-party services may be subject to their own terms and privacy policies.

Where permitted by applicable law, TOTEA does not control and is not responsible for the operation, availability, accuracy or practices of third-party tools.

Your use of third-party tools is subject to the terms and policies of the relevant provider.

We may add, remove, modify or replace third-party tools or features from time to time.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links to websites, applications or services operated by third parties.

These links are provided for convenience and do not necessarily constitute an endorsement by TOTEA.

TOTEA does not control third-party websites or services and is not responsible for their content, availability, security, privacy practices or terms.

If you access a third-party website or service, you do so at your own discretion and risk.

Any transactions or interactions you have with third parties are governed by the terms and policies of those third parties.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

TOTEA's online store is powered by Shopify.

However, purchases made through the TOTEA online store are transactions between you and TOTEA.

Shopify provides the technology and infrastructure used to operate the store but is not the seller of TOTEA's products.

To the extent permitted by applicable law, Shopify and its affiliates are not responsible for the products sold by TOTEA or for disputes arising directly from transactions between you and TOTEA.

Nothing in these Terms limits any rights that cannot legally be excluded.

SECTION 10 — PRIVACY

Your use of our Services is also subject to our Privacy Policy.

Our Privacy Policy explains how TOTEA collects, uses, stores and discloses personal information.

By using the Services, you acknowledge that you have reviewed our Privacy Policy.

Because our Services are powered by Shopify and may use third-party providers, personal information may be processed by Shopify and other service providers in countries other than your country of residence.

Please review our Privacy Policy for additional information regarding international data processing.

SECTION 11 — CUSTOMER FEEDBACK AND REVIEWS

If you submit, post, upload or otherwise provide reviews, testimonials, comments, suggestions, ideas, photographs or other content to TOTEA ("Feedback"), you grant TOTEA a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, publish, translate, display and distribute that Feedback for purposes related to our business, including marketing and improving our Services, subject to applicable law.

You represent that:

  • You own or have the necessary rights to the Feedback;

  • Your Feedback does not infringe the rights of another person;

  • Your Feedback is not knowingly false or misleading;

  • Your Feedback does not contain unlawful material;

  • Your Feedback does not contain malicious software; and

  • Your Feedback complies with these Terms.

TOTEA is not required to publish or retain any Feedback.

We may remove or refuse to publish Feedback that we reasonably consider unlawful, misleading, abusive, defamatory, offensive, inappropriate, fraudulent or otherwise inconsistent with these Terms.

You remain responsible for the content you submit.

SECTION 12 — ERRORS AND INACCURACIES

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to:

  • Product descriptions;

  • Prices;

  • Promotions;

  • Shipping charges;

  • Delivery estimates;

  • Product availability; or

  • Other information.

We reserve the right to correct such errors and update information when reasonably necessary.

Where permitted by applicable law, we may cancel or modify an order affected by a material error.

If you have already paid for an order that we cancel because of an error, we will provide an appropriate refund.

SECTION 13 — PROHIBITED USES

You may use our Services only for lawful purposes.

You must not use the Services to:

  • Violate applicable laws or regulations;

  • Commit fraud;

  • Misrepresent your identity;

  • Infringe intellectual property rights;

  • Harass, threaten or abuse others;

  • Upload malicious code or viruses;

  • Interfere with the operation or security of the Services;

  • Attempt to gain unauthorised access;

  • Scrape or extract substantial amounts of website data without permission;

  • Use automated systems to interfere with the Services;

  • Collect personal information belonging to other users without authorisation;

  • Send spam or malicious communications;

  • Circumvent security measures;

  • Resell or commercially exploit the Services without permission; or

  • Otherwise interfere with another person's use of the Services.

TOTEA may restrict or terminate access to the Services where we reasonably believe that these Terms have been violated, subject to applicable law.

SECTION 14 — AUTOMATED ACCESS AND AGENTS

You must not use automated software, bots, agents, crawlers, scraping tools or similar technologies to access, collect information from, interact with or interfere with the Services in a manner that:

  • Violates these Terms;

  • Circumvents technical restrictions;

  • Places an unreasonable burden on our systems;

  • Conceals the automated nature of the activity where disclosure is reasonably required;

  • Attempts to bypass security measures; or

  • Interferes with the operation of the Services.

TOTEA may implement technical measures to restrict automated access where reasonably necessary to protect the Services.

SECTION 15 — SUSPENSION AND TERMINATION

We may suspend or terminate your access to all or part of the Services where permitted by applicable law, including where:

  • You materially breach these Terms;

  • Fraudulent or unlawful activity is suspected;

  • Your use creates a security risk;

  • You misuse the Services; or

  • We discontinue or materially change the Services.

Termination will not affect rights or obligations that arose before termination.

Provisions that by their nature should continue after termination may remain in effect, including provisions concerning intellectual property, Feedback, liability, indemnification, disputes and privacy.

SECTION 16 — DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, the Services are provided on an "as available" and "as is" basis.

We do not guarantee that:

  • The website will always be available;

  • The Services will always operate without interruption;

  • The website will be completely error-free;

  • Information on the website will always be complete or current; or

  • The Services will always meet every individual preference or expectation.

However, nothing in these Terms excludes, restricts or modifies any warranty, guarantee, statutory right or consumer protection that cannot legally be excluded or limited in your jurisdiction.

Where applicable law provides mandatory guarantees concerning products or services, those guarantees continue to apply.

SECTION 17 — LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, TOTEA and its affiliates, partners, employees, contractors, service providers and licensors will not be liable for indirect, incidental, special, consequential or punitive losses arising from your use of the Services.

This may include, where legally permitted:

  • Loss of profits;

  • Loss of revenue;

  • Loss of business opportunities;

  • Loss of data;

  • Loss of savings; or

  • Other indirect losses.

To the extent permitted by applicable law, TOTEA's total liability arising from a particular purchase or claim will not exceed the amount you paid to TOTEA for the relevant product or service giving rise to the claim.

These limitations do not apply to liability that cannot legally be excluded or limited, including any liability that applicable law requires us to accept.

Nothing in these Terms limits mandatory consumer rights or remedies.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless TOTEA and its affiliates, partners, employees, contractors, licensors and service providers from third-party claims, losses, liabilities and reasonable costs arising from:

  • Your material breach of these Terms;

  • Your unlawful use of the Services;

  • Your violation of another person's rights; or

  • Your misuse of the Services.

This provision does not require you to indemnify TOTEA for losses caused by TOTEA's own unlawful conduct or liability that cannot legally be transferred to you.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable under applicable law, that provision will be modified or limited to the minimum extent necessary to make it enforceable, where permitted.

If modification is not possible, the affected provision will be severed to the extent necessary.

The remaining provisions will continue in effect.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

If TOTEA does not immediately enforce a provision of these Terms, this does not constitute a waiver of our right to enforce that provision later.

These Terms, together with our Privacy Policy, Returns & Refund Policy and any other policies expressly incorporated into these Terms, constitute the agreement governing your use of the Services.

If there is a conflict between these Terms and a specific policy relating to a particular service or transaction, the specific policy will apply to the extent of the conflict.

SECTION 21 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by applicable law.

TOTEA may transfer or assign its rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, restructuring or similar business transaction, subject to applicable law.

SECTION 22 — GOVERNING LAW AND DISPUTES

These Terms are intended to operate internationally.

The laws and courts applicable to your purchase or use of the Services may depend on your country or jurisdiction.

Nothing in these Terms is intended to deprive consumers of any mandatory legal protections available in their country or jurisdiction.

Where applicable law permits TOTEA and the customer to agree on a governing law or forum, TOTEA may rely on the laws and courts of the jurisdiction in which TOTEA is legally established, unless otherwise required by applicable law.

For consumers, any mandatory rights to bring proceedings in their home jurisdiction remain unaffected where such rights cannot legally be excluded.

Before initiating formal legal proceedings, we encourage you to contact TOTEA so that we can attempt to resolve the matter informally.

SECTION 23 — HEADINGS

The headings used in these Terms are provided for convenience only and do not affect the interpretation or meaning of the provisions.

SECTION 24 — CHANGES TO THESE TERMS

We may update or modify these Terms from time to time to reflect:

  • Changes to our Services;

  • Changes to our business;

  • Changes to technology;

  • Changes to applicable laws;

  • Changes to our policies; or

  • Other operational or legal requirements.

The latest version will be published on this page and the "Last updated" date will be updated accordingly.

Where required by applicable law, we will provide additional notice of material changes.

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

If you do not agree with revised Terms, you should discontinue use of the Services.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

TOTEA

Email: mytotea@use.startmail.com

Please include your order number where relevant so that we can assist you efficiently.