Terms of service

 

OVERVIEW
Welcome to the Tomizo Design store. The terms “we,” “us,” and “our” refer to the Tomizo Design store. Tomizo Design operates this store and website, including all related information, content, features, tools, products, and services to provide you with a customized shopping environment (“Services”). Tomizo Design is powered by Shopify technology, allowing us to offer Services to the User.

These terms, together with the policies referenced herein (“Terms of Service” or “Terms”), describe your rights and obligations in connection with your use of the Services.

Please read these Terms of Service carefully, as they may contain important information about your rights and cover areas such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, do not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are of legal age according to the laws of your state or region of residence and consent to minors under your care using the Services on devices you own, manage, or acquire.
To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, we may ask you to provide certain information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide to our stores is accurate, current, and complete and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS
We make every effort to accurately represent our products and services in our online stores. However, please note that colors and appearance of products may differ from what is displayed on your device screen depending on the device used to access the store and its settings and configuration.
We do not guarantee that the appearance or quality of any purchased products or services will meet your expectations or match the presentation shown in our online stores.
Product descriptions may change at any time without notice at our sole discretion. We reserve the right to withdraw any product at any time and may limit the quantities of any products offered to any person, region, or country as applicable.

SECTION 3 — ORDERS
By placing an order, you are making an offer to purchase. Tomizo Design reserves the right to accept or reject your order for any reason at its discretion. Your order will not be accepted until Tomizo Design confirms its acceptance. Before accepting an order, we must receive and process your payment. Verify your order carefully before placing it, as Tomizo Design may not accommodate cancellation requests after acceptance. If an order is rejected, changed, or canceled, we will notify you using the email address, billing address, and/or phone number provided at the time of ordering.
Your purchases are subject to return or exchange only in accordance with our Return Policy.
You represent and warrant that you are purchasing solely for personal use, not for commercial resale or export.

SECTION 4 — PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time of order and will be provided in the order confirmation email. Unless explicitly stated otherwise, prices do not include taxes, shipping, handling, customs duties, or import fees.
Prices displayed in our online stores may differ from those offered in physical stores or online stores operated by third parties. From time to time, we may offer promotions on Services that may affect prices and are subject to terms other than these Terms. In the event of a conflict between promotion terms and these Terms, promotion terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your account information and other data, including email addresses, credit card numbers, and expiration dates, to enable us to process transactions and contact you if needed.
You represent and warrant that (i) your credit card information is true, correct, and complete; (ii) you have proper authorization to use the credit card for purchases; (iii) charges will be honored by the credit card issuer; and (iv) you will cover all charges incurred according to the offered prices, including shipping and handling, as well as any applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates and not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once products are handed over to the carrier, title and risk of loss pass to you.

SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video and audio materials, as well as their design, selection, and layout, are the property of Tomizo Design, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms only allow use of the Services for personal, non-commercial purposes. Copying, distribution, modification, creating derivative works, public display, public performance, publishing, downloading, storing, or transmitting any materials relating to the Services without prior written permission is prohibited. Unless explicitly stated otherwise in these Terms, no provision of these Terms grants or should be interpreted as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of Tomizo Design, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Tomizo Design.
The Tomizo Design logo, product and service names, designs, slogans, and store name are trademarks of Tomizo Design or its affiliates or licensors. Use of such trademarks without prior written consent is prohibited. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans relating to the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS
We may provide access to customer tools offered by third parties within the Services, which we do not monitor or control.
You acknowledge and agree that we provide access to such tools “as is” and without warranties, representations, or endorsements. We are not responsible for your use of optional third-party tools or any results obtained.
Use of optional tools offered through the website is at your own risk. Read and accept the terms of access provided by the third party.
We may also offer new features through our Services in the future (including new tools and materials). Such new features are considered part of the Services and subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you access. If you choose to leave our Services to access these materials or third-party websites, you do so at your own risk.
We are not liable for any damages related to accessing third-party websites or purchasing or using any products, services, materials, or content on third-party websites. Please review the policies and practices of third parties before conducting any transactions. Complaints, claims, concerns, or questions about third-party products or services should be directed to that third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY
[SELLER NOTE: This section describes Shopify’s relationship with your store and should not be deleted or modified.]
Tomizo Design store is powered by Shopify technology, enabling us to offer Services. However, all sales and purchases in our Store are made directly by Tomizo Design. By using the Services, you agree that Shopify is not responsible for any aspect of the sales transaction between you and Tomizo Design, including any injuries, damages, or losses from purchasing products and services. You release Shopify and its affiliates from any liability related to purchases and transactions in Tomizo Design store.

SECTION 10 — PRIVACY POLICY
Any personal data we collect through the Services is subject to our Privacy Policy [LINK], and certain personal data may also be subject to Shopify’s Privacy Policy [LINK]. By using the Services, you acknowledge these policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services to provide and improve the Services. Information submitted through the Services is shared with Shopify and may be shared with third parties located outside your country for service provision. Refer to the Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal data.

SECTION 11 — FEEDBACK
By submitting any ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively “Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, copy, modify, publish, distribute, and display such Feedback on any medium for any purpose, including commercial use.
You further represent and warrant that (i) you own or have rights to the Feedback; (ii) any compensation received related to submitting Feedback has been disclosed; (iii) your Feedback complies with these Terms. We are not obligated to keep Feedback confidential, compensate for Feedback, or respond to it.
We may monitor, edit, or remove Feedback at our discretion if deemed unlawful, offensive, dangerous, defamatory, pornographic, obscene, objectionable, or infringing.
You confirm that your Feedback does not violate third-party rights, including copyrights, trademarks, privacy rights, or other individual or property rights, and does not contain offensive, unlawful, harmful, or malicious content or software. You are solely responsible for your Feedback.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on Services may contain typographical errors, inaccuracies, or omissions regarding product descriptions, prices, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct such errors, inaccuracies, or omissions and to change or update information or cancel orders due to inaccuracies without notice (even after order placement).

SECTION 13 — PROHIBITED USE
You may access and use Services only for lawful purposes. You may not access or use the Services directly or indirectly (a) for any unlawful or malicious purpose; (b) in violation of international, federal, local, or state laws or regulations; (c) infringing our or others’ intellectual property rights; (d) to harass, exploit, insult, harm, defame, slander, abuse, intimidate, or harm our employees or anyone else; (e) to provide false or misleading information; (f) to send, knowingly receive, transmit, download, use, or reuse any materials in violation of these Terms; (g) to transmit or commission the transmission of any promotional material, including spam or chain messages; (h) to impersonate any person or entity; (i) to engage in any conduct that restricts or prevents anyone from using the Services or that may harm Tomizo Design, Shopify, or Users.
You also agree (a) not to transmit viruses or malicious code; (b) not to copy, duplicate, sell, resell, or exploit any Service components; (c) not to collect or track personal data of others; (d) not to send spam, phishing, or other fraudulent activities; (e) not to interfere with security of Services, associated websites, or the Internet. We reserve the right to suspend or terminate your account for any violation.

SECTION 14 — TERMINATION
We may terminate this agreement or block your access to Services at our discretion at any time without notice, and you remain responsible for any amounts due up to termination.
The following sections remain in effect after termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions intended to survive termination.

SECTION 15 — DISCLAIMER
Information provided through Services is for general informational purposes only. We do not guarantee accuracy, completeness, or usefulness. Reliance is at your own risk. Except as explicitly stated, Services and products are provided “as is” without any warranties, express or implied, including merchantability, quality, fitness for purpose, durability, title, and non-infringement. We do not guarantee uninterrupted, timely, secure, or error-free use. In some jurisdictions, disclaimers may not apply.

SECTION 16 — LIMITATION OF LIABILITY
To the maximum extent permitted by law, Tomizo Design, partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or Shopify and its affiliates shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages, including loss of profits, revenue, savings, data, replacement costs, or other similar damages arising from use of Services or products.

SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Tomizo Design, Shopify, affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorney fees, arising from (1) your breach of Terms, (2) violation of laws or third-party rights, or (3) access and use of Services. We will notify you of claims, and you must cooperate with defense.

SECTION 18 — SEVERABILITY
If any provision is found unlawful, invalid, or unenforceable, it shall be enforced to the maximum extent permitted, with the invalid part excluded without affecting the remainder.

SECTION 19 — WAIVER; ENTIRE AGREEMENT
Failure to enforce any right or provision shall not constitute a waiver. These Terms and any policies constitute the entire agreement between you and us regarding Services, superseding prior agreements. Interpretation doubts shall not be construed against the drafter.

SECTION 20 — ASSIGNMENT
You may not assign, transfer, or delegate these Terms without prior written consent. We may assign, transfer, or delegate without your consent.

SECTION 21 — GOVERNING LAW
These Terms and any agreements for Services are governed by the laws of the country of Tomizo Design’s headquarters, with jurisdiction consented to.

SECTION 22 — HEADINGS
Headings are for convenience only and do not affect Terms.

SECTION 23 — CHANGES TO TERMS
We may update, change, or replace any part of these Terms by posting updates on our website. Your continued use constitutes acceptance.

SECTION 24 — CONTACT INFORMATION
Questions regarding these Terms should be sent to tomizodesign@gmail.com