The
following is the Terms of Service Agreement (the
“Agreement”) TippyToes and the buyer
(“Buyer”) of goods
or services through TippyToes’s Web site (the
“Site”). Buyer agrees to review this
Agreement prior to purchasing goods or services
through the Site and purchase of a good or service
shall be deemed acceptance of the Agreement outlined
herein.
1.
Introduction. The Agreement constitutes
the entire and only agreement between TippyToes
and Buyer, and supersedes any and all prior or contemporaneous
agreements, representations, warranties, and understandings
with respect to the goods, services and information
provided by or through the Site, and the subject
matter of the Agreement.
2.
Setup and Payment. Buyer represents
and warrants that (i) the credit card information
supplied is true, correct and complete, (ii) Buyer
is the owner or authorized user of the credit card
supplied (iii) charges incurred by the Buyer will
be honored by the Buyer's credit card company and
(iv) Buyer shall pay charges incurred by Buyer at
the amounts in effect at the time incurred, including
all applicable taxes. Buyer agrees to keep his or
her password confidential and to notify TippyToes
within 24 hours of any breach of the Agreement or
unauthorized use of the password. TippyToes does
not protect Buyer from unauthorized use of Buyer's
password.
3.
Copyright. The content, organization,
gathering, compilation, magnetic translation, digital
conversion and other matters related to the Site
are protected under applicable copyrights, trademarks,
and other proprietary (including but not limited
to intellectual property) rights, and, the copying,
redistribution, use or publication by a Buyer of
any such content or any part of the Site is prohibited.
4.
Editing, Deleting, and Modification.
TippyToes reserves the right in its sole discretion
to edit or delete any information or content appearing
on the Site and to remove any goods and services
for sale. TippyToes may modify the Agreement, or
prices, and may discontinue or revise any or all
aspects of the Site in its sole discretion and without
prior notice.
5.
Errors in Pricing. Should there
be a displayed or quoted price error, calculation
error, or transposing error, TippyToes reserves
the right to make any adjustment even if the Buyer’s
order has already been placed. However, in that
event, TippyToes will contact the Buyer before continuing
with the order.
6.
Shipping Timeframe. Smaller items
should be shipped to Buyer within four (4) to six
(6) weeks and larger items should be shipped within
six (6) to twelve (12) weeks from the time Buyer's
order is processed by TippyToes. The timeframe is
only an estimate that was provided to TippyToes
by its artisans and is subject to change. The shipping
timeframe for an international order, if available,
will be greater.
7.
Right to Refuse. TippyToes reserves
the right in its sole discretion to refuse service
at any time. Sale of any goods or services is subject
to availability.
8.
Indemnification. Buyer agrees to
indemnify, defend and hold TippyToes and its affiliates,
licensors and suppliers harmless from any liability,
loss, claim and expense, including reasonable attorney's
fees, related to a Buyer's violation of the Agreement
or use of the Site.
9.
Non-Transferable. Buyer's right
to use the Service is not transferable and is subject
to any limits established by TippyToes or by Buyer's
credit card company.
10.
Exchange/Refund/Return Policy.
Products ordered on the Site that are custom made
to Buyer’s requirements and are not refundable
or returnable. For more information on TippyToes’s
Custom Order Policy click here.
However, if an item is not custom made, Buyer is
able to return item within thirty (30) days from
delivery. The item must be returned in its original
packaging and the condition in which it was shipped.
TippyToes will exchange the item or refund the full
purchase price, less shipping and handling charges.
11.
Damaged Freight Items. If an item
is dented, punctured or looks as if damage may have
occurred, all items must be examined by Buyer in
the presence of the driver and must be documented
on the freight bill at the time of delivery. If
any damage fails to be documented on the freight
bill at the time of delivery and Buyer accepts the
delivery, TippyToes is no longer responsible for
any claims Buyer may have. Buyer must also contact
a Customer Care Representative to report damage
immediately. However, if a concealed manufacturer's
defect appears, please contact a Customer Care Representative
at (888) 4-TIPPYTOES (847798) Monday through Friday
9:00 am to 8:00pm EST, within two (2) business days
of delivery to file a claim. The customer is responsible
for all shipping costs. TippyToes is unable to refund
any shipping charges.
12.
Damaged UPS Ground and FedEx Items.
If product is damaged, Buyer must contact a Customer
Care Representative at (888) 4-TIPPYTOES (847798)
Monday through Friday 9:00 am to 8:00pm EST, for
return information.
13.
Use of Information. TippyToes reserves
the right, and Buyer authorizes TippyToes, to the
use of Buyer’s provided information to process
Buyer’s order and for TippyToes’s own
marketing strategies, subject to applicable law.
TippyToes agrees not to sell or give Buyer’s
information to any third party, other than stated
above. Buyer’s information is protected under
TippyToes’s Privacy Policy. To see the Privacy
Policy click here.
14.
Disclaimer. THE SERVICE, CONTENT,
GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE
PROVIDED "AS-IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE). TIPPYTOES AND ANY OF
ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN TIPPYTOES AND BUYER. THIS SITE AND
GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. ALL RESPONSIBILITY AND LIABILITY
FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN
THE ELECTRONIC FILES OF THIS SITE ARE DISCLAIMED.
SOME STATE STATUTES MAY APPLY REGARDING LIMITATION
OF LIABILITY.