Versand

TOUSAINS Distributor is pleased to provide to you access to its sites, content, applications, products and services (collectively, the “tousains.com”), which may be branded under the tousains.com name, its affiliated brand owned companies or licensed relationships. Unless otherwise stated, these terms are intended to also apply to any of tousains.com affiliated or brand owned companies as well as licensed relationships. Importantly, these terms govern your use and our provision of the tousains.com on which these terms are posted including those we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use thereof.

1.Agreement

These terms constitute a contract between you and tousains.com, or between you and any tousains.com affiliate as may be identified in the tousains.com. By accessing the tousains.com, you represent and warrant that you are at least 18 years old or visiting the Tousains Sites under the supervision of a parent or legal guardian. Please read these terms carefully before accessing and using the tousains.com. However, these terms are not intended to impact any rights you may otherwise have pursuant to the law applicable in your jurisdiction of residence. Further, in the event of a conflict between these terms and those particular rights, your rights under the applicable local law will control. If you do not agree, you may not use the tousains.com. We reserve the right to terminate your access to the tousains.com and/or refuse service, terminate accounts or cancel orders in our discretion without advance notice and/or opportunity to cure should you fail to strictly comply with any provision of these terms.

Unless otherwise stated, these terms supersede all prior agreements with regards to the stated subject matter. However, supplemental terms and conditions may apply to certain content, services, products, applications or platforms. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, those supplemental terms and conditions control over these terms; provided, however, that any additional or inconsistent terms you propose or provide are specifically rejected.

We also reserve the right to update and modify these terms. Therefore, please review these terms each time you access the tousains.com to ensure that you are aware of the latest terms. You must immediately discontinue use and access of the tousains.com if you do not agree to any change to these terms. Your continued use of the tousains.com after any modifications thereto indicates your acceptance of the modified terms.

2.TOUSAINS Sites

The tousains.com are intended for your personal, noncommercial use and informational purposes only. Neither the tousains.com nor associated content is intended to render any form of professional, medical or healthcare advice or diagnosis and cannot be used for such purposes. This may include, for instance, information we provide to you such as articles and fitness related tips. We encourage you to consult your healthcare professional before implementing such information into your fitness and/or dietary program. Further, our products should be used in accordance with proper supervision and subject to its owner’s manual. By accessing the tousains.com, you grant us permission to use your contact information in order to periodically transmit to you our newsletters or information concerning sales, coupons, and special promotions. However, you can unsubscribe by using the link from any email newsletter or your personal subscription settings.

2.1 Limited Access and Use License

The tousains.com contain applications and content which is our or our licensors’ or licensees’ intellectual property and no element of any such application or content may be used or exploited in any way without our express written permission. Subject to the foregoing, we grant you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to access and use such content, application or associated materials for your personal and noncommercial use only.

You may not circumvent, disable, alter or manipulate any content protection system or digital rights management technology used with any tousains.com; decompile, reverse engineer, disassemble or otherwise remove identification, copyright or other proprietary notices; ; or access or use any tousains.com in an unlawful or unauthorized manner; or access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the tousains.com using a robot, spider, scraper or other automated means or manual process. You shall not upload to, distribute, or otherwise publish through the tousains.com any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; or (c) includes any malicious applications, tracking codes or other harmful properties including, for instance, a virus or other harmful component. Further, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate or modify any aspect of the tousains.com or make any commercial use of any of the information derived from the tousains.com.

2.2 Contents; Trademarks

All materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the tousains.com are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by us. None of that material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written permission. Further, you cannot “mirror” any material contained in the tousains.com. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, and various other regulations and statutes and subject you to personal liability.

The logos used and displayed in the tousains.com are registered and unregistered trademarks of tousains.com, its subsidiary brands or identified person/entity. Nothing contained in the tousains.com should be construed as granting, by implication or otherwise, any license or right to use any logos displayed therein without our advance written permission. We enforce our intellectual property rights to the fullest extent of the law and expressly prohibit use of any of our logos as a “hot” link to any third party site unless establishment of such a link has been approved in advance writing by tousains.com.

2.3 Account Security

You may be assigned an account identification to enable you to access and use certain portions of the tousains.com; subject, however, that we have no obligation to investigate the authorization or source of any such access. However, you are solely responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. Further, you will be solely responsible for all access to and use of the tousains.com by anyone using the password and identification originally assigned to you whether or not such access to and use of the tousains.com are actually authorized by you, including, without limitation, all communications and transmissions, obligations and financial commitments incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You must immediately notify us of any unauthorized use of your password, identification credentials or any other breach or threatened breach of the tousains.com’s security.

You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information as to any order you place with us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.

2.4 Disclaimers; Limitation on Liability

Access to the tousains.com are provided “as is” and “as available” without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. We disclaim all conditions, representations and warranties not expressly set out in these terms.

You acknowledge that your use of this website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the website, and that tousains.com shall not be liable for any damages of any kind related to your use of this website.

We make no warranty that: (a) the website, any links or content therein will meet your requirements; (b) the website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the website or any content provided on or through the website will be accurate or reliable; or (d) the quality of any content used and/or obtained by you on or through the website will meet your specific expectations.

We shall not be liable to you for indirect, incidental, special or consequential damages, including lost profits and property damage, even if we were advised of the possibility of such damages, nor shall we be held liable for delay or failure in performance resulting from causes beyond our direct and reasonable control. In no event shall our total liability to you for all damages, losses and causes of action exceed two hundred and fifty u.s. Dollars ($250.00) in the aggregate. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

These disclaimers and limitations do not affect your rights as a consumer or purport to limit liability that cannot be excluded under the law in your principal jurisdiction of residence.

2.5 Inaccuracy Disclaimer

While we strive to provide you with accurate content, product pricing, descriptions, specifications, sizes, colors, images and availability, we do not warrant that any such information is error free, fully accurate, complete, reliable or current. Specifically, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, including, without limitation, product pricing, absent prior notice. However, if any purchased product is not as described, your sole remedy is to return it in unused condition in accordance with our return policy.

2.6 Pricing

We do our best to ensure that the prices on our webstore are correct, and we try to keep our prices consistent. We reserve the right to change our product's prices at any time without further notice. We offer our products through a number of different channels and we cannot always control pricing or quantity on said channels. We reserve the right to not honor or price match any other channel or marketplace other than the official TOUSAINS webstore (tousains.com).

2.7 Coupon/ Promo Code Policy

Promo codes provided for use on tousains.com are not for resale. Promo codes will not be valid and may not be honored, if obtained from unauthorized sellers or resellers. Promo code may not be combined with other offers or other promo codes. Promo codes are limited to one use per customer unless explicitly stated. Promo codes can expire and will no longer be usable after date set forth on the other terms and conditions associated with the promo code. We reserve the right to deactivate a promo code at any time and render it unusable. Promo codes cannot be used to purchase gift cards. Promo codes have no cash value, are not refundable and cannot be redeemed for cash. Promo codes may not be reloaded with value. No refund or exchanges are permitted with respect to promo codes. Promo codes will not be replaced if lost, stolen, damaged, or used without authorization. Promo codes are not valid on prior purchases. They cannot be added retrospectively by you or by tousains.com. Promo codes must be entered at the time of checkout in order to be applied.

2.8 Social Media Platforms

While we do not discriminate against views or opinions posted to our social networking accounts, we reserve the right to remove, not approve, or block any comment. A comment will not be edited or modified to remove unacceptable content; the entire comment will be deleted. All comments submitted via blog will be reviewed before posting. Some of the reasons we may remove, not approve, or block comments are listed below:

• Abusive, vulgar, obscene, racist, threatening, or harassing comments;
• Hate speech, bullying, or personal attacks of any kind;
• Spam, including self-promotion and irrelevant links;
• Suggestions or encouragement of illegal or dangerous activity;
• Duplicate posts;
• Political campaigning or lobbying.

3. Mobile Networks

When you access the tousains.com through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. You are solely responsible for any such fees and/or assessed charges.

4. Grant of License to Use Your Data and Intellectual Property

When you access any of the tousains.com, either directly or by submitting reviews, responding to surveys, interacting with our content, providing comments, or replying to articles we publish, you grant us a royalty-free, perpetual, worldwide, assignable and transferable license and thereby expressly authorize us and our affiliates the right to utilize, publish, advertise and/or commercialize (though any channel, including, without limitation, social media, digital media, print or marketing media including audio and radio advertising) any and all of the information and/or media you have provided including, without limitation, your name, voice, image, likeness, video, film, web casts/podcasts, photographs, recorded performance, personal characteristics, biographical material and any other form of visual/audio communications in addition to trademarks, trade names, symbols, logos, trade dress, copyrights and slogans owned, used or controlled by you in conjunction with same (collectively, “User’s Intellectual Property”). By granting this license, you represent and warrant that you exclusively own all rights associated with the User’s Intellectual Property and that this license does not conflict with any existing contract(s) or agreement(s) between you and any third-party. This granted license is intended as authorization for us (or our affiliates) to advertise, market, promote, distribute, exploit and/or sell our brands, services or products. We may also edit, revise, touch-up, adapt and combine with any other material, photographs, drawings, films, recordings or other materials using your name and likeness or associated media.

5.Electronically Transmitted Communications

When you use the tousains.com or transmit any electronic messages, including, without limitation, emails, text messages or any other such form of communications, you may be communicating with us electronically. Accordingly, you consent to receive solicited or unsolicited communications from us electronically and in any form such as electronic mail, mobile push messages, text messaging, or via notices and messages on this site or through the other tousains.com. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us as to your identity. Further, you acknowledge that we have the right to electronically transmit to you any disclosures, notices, agreements and other communications in satisfaction of any legal requirement that such communications be in directed to you writing.

6.Purchase and Sale of Products and Services

6.1 Order Acceptance Policy

You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. However, your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, and it does not constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. Nonetheless, we reserve the right to: (i) limit the sales and/or quantities of our products or services to any person, geographic region or jurisdiction; (ii) discontinue any product or service at any time; and (iii) limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment. If these terms are inconsistent with any invoice issued by tousains.com, the terms and conditions of that particular invoice will control.

6.2 Payments; Billing

When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. The method of payment (credit card, PayPal, financing services) will be charged at the time of order placement. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.

6.3 Sales Taxes; Shipping

We will collect applicable sales tax and/or shipping charges on goods shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted to comply with our obligations to collect such taxes. You are solely responsible for all sales taxes and other associated taxes. All shipping delivery schedules and arrival dates are approximations and we cannot guaranty delivery by any specific date.

6.4 Risk of Loss; Returns

Unfortunately, we do not offer free returns. However, if your received item has issues, arrived damages or isn't working as aspected (malfunctioning), of course you won't have to pay to return it. We will provide you with return shipping at no cost . But if you would like to return the item that is in 100% good working condition, we will still gladly take the return. However, the return shipping costs/services will not be provided by us.

6.5 RETURN SHIPPING COSTS – WHO PAYS?

When TOUSAINS Pays For Return Shipping

tousains.com will pay for the cost of return shipping if the reason for return was result of OUR error. Examples of instances may include:

• The item arrived defective and couldn't be fixed with a replacement part
• We shipped out the wrong item
• We shipped it to the wrong address
• We shipped a duplicate order
• Item malfunctioned during the 30 day return period (Assuming the customer assembled the item properly per the instruction manual)

IMPORTANT:For items that arrive damaged or are defective, YOU MUST provide video/photos to support your claim that the item arrived damaged or is malfunctioning. If a customer refuses to or failure to send photos/video of a claimed malfunctioning/damaged item, this return will be treated as "buyer’s remorse" and the customer is solely responsible for shipping it back. The customer is also vulnerable to the shipping charges the seller has paid out. If a customer claims an item is defective/damaged, the customer must provide proof prior to return, no exceptions. Use the Contact Us form to submit pics/videos for your return.

Once we have received the approved returned item, we will review its condition. If the item is found to be defective, we will issue a refund.

If the return request for a damaged/defective item can be fixed with simple parts and support, we can provide the option of free replacement part(s) and advice on how to repair your item if the customer finds that to be the easier solution, so you don't have to fuss with shipping a large bulky item back. Also note, we do not send out technicians or repairmen to customer homes.

When the Customer Pays For Return Shipping

• Buyers Remorse ("Not satisfied with performance", "Item doesn't fit me correctly", "Item doesn't meet my expectations", “I tried it, but I want something else”, etc.)
• No Reason / No Longer Wanted
• Misinterpretation of Product Description (failure to fully read item details/descriptions/features)
• Order Cancellation after the item already shipped out, even if you have not yet received the item
• Customer bought the wrong one
• Customer accidentally bought too many
• Customer accidentally provided the wrong shipping address
• After the 30 day returns period, customers may use the items Tousains manufacturers product warranty period for repairs if the item is faulty or malfunctioning.  Please see the manufacturers product warranty for details.

7.Indemnity

You agree to indemnify, defend and hold harmless tousains.com, its affiliates, subsidiaries, officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your use and access of the tousains.com, your violation of these terms, any additional rules, guidelines or terms of use posted for a specific area of referenced websites, content provided on or through the tousains.com, breach of any representation or warranty you have provided to us, or your violation or infringement of any third-party rights.

8.Copyrights and Copyright Agent

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:

TOUSAINS.

Attention: Copyright Compliance Dept.

Email us: info@tousains.com

9.General

9.1Waiver

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

9.2 Severability

If any provision of the terms of use herein is determined to be invalid, illegal, or otherwise unenforceable, such determination will not affect any other provision of these terms of use, which shall remain in full force and effect.

9.3 Survival

The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.

9.4 Complete Agreement

These terms constitute the complete agreement between you and tousains.com on the subject matter covered herein and supersede any and all prior or contemporaneous communications or agreements between us. These terms may not be modified, changed, or altered by any representative of tousains.com unless the change is evidenced in writing and expressly executed by an officer of the company.

9.5 Good Faith Resolution Protocol; Limitation of Action

Should a dispute arise concerning these terms, you agree to use your efforts to resolve any such matter informally. You must provide us written notice of the dispute within thirty (30) days of the dispute arising. That notice must include (a) your name, mailing address, telephone number, the email address you use or used for your order, and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the dispute, and (c) the specific relief that you are seeking. You and tousains.com will then attempt to resolve that dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence litigation to address the issue. However, any and all legal or administrative actions against tousains.com, in addition to having to satisfy all conditions precedent as set forth herein or any other legal requirements, shall be commenced no later than one (1) year from the date of occurrence giving rise to the claim.

9.6 Notices 

We may provide general notices to you through a posting on our website, or any mail or email to the address you provided. You must provide notices to TOUSAINS, Inc. by using the contact information provided on our website or otherwise directed to email. info@tousains.com

9.7 Privacy Policy

tousains.com is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please click here:https://www.tousains.com/policies/privacy-policy

10.General

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK.