Terms and Conditions
PURCHASE AND SHIPPING TERMS
Thank you for shopping with Tomü. We would like you to read our Purchase and Shipping Terms carefully to ensure that you are fully aware of your rights when purchasing from our website.
Your order signifies your agreement to be bound by these Purchase and Shipping Terms, which constitute the agreement between Tomü and you.
PURCHASES
You must provide complete and accurate details at the time of making your purchase. You may be required to provide additional details upon our request to ensure the accuracy of your order.
You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address, Tomü is not obliged to resend the order to the correct address at our own expense.
PURCHASE PRICE
Base currency of the website is United States Dollars (USD). Costs relating to Australian and international orders will be calculated via our integrated currency converter. The actual international currency conversion that you are charged via your bank may vary.
We reserve the right to vary the prices displayed on the Website from time to time and without notice to you.
PAYMENT
Tomü accepts payment via credit card (Visa/Mastercard) , Paypal & Buy Now Pay Later in some regions.
SECURITY
We recognize that protection and safety of information relating to your credit card is very important. Therefore, we provide you with a very safe and stress-free online shopping experience.
We use the highest strength Secure Sockets Layer (SSL) encryption to transmit your personal and credit card details. This means absolute security and privacy. SSL is a sophisticated method of scrambling data as it travels from your computer to our website servers.
We do not store your credit card details at any time so consumer confidence and satisfaction is assured.
CONSENT
By agreeing to these Purchase and Shipping terms, you also consent to receive further electronic communications from us in relation to Tomü and associated businesses, including information relating to products, competitions, promotions, special offers and any other commercial message. Of course, you may at any time, unsubscribe from receiving electronic commercial messages from us.
PROCESSING OF ORDERS
We process purchases on business days, which are Monday to Friday and exclude public holidays in Queensland Australia.
For items that are shipped express or with tracking, we will provide you with a tracking number once we have shipped your order to you.
SHIPPING
Within Australia:
Shipping will be via Australia Post.
Orders placed on a business day before 10am (Brisbane time) are usually shipped that same day. We cannot guarantee delivery times, however, you should receive your delivery within 1-3 days if shipped with Australia Post Express and 2-10 days if shipped with Australia Post.
International:
We ship to all international destinations.
International delivery times are 1-4 weeks. If you have not received your ordered items within 4 weeks, please email us your full name and order number and we will investigate on your behalf.
CANCELLATION OF ORDERS
Tomü may cancel your order if for any reason we are unable to provide you with the products subject to your order. We will contact you should this occur.
We may also cancel your order if our system detects signs of fraud.
You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.
GOODS NOT COLLECTED / IMPORT DUTIES NOT PAID
In the event of Customer refusing to pay Duties or Taxes on their items, Tomü cannot be liable for the loss of packages / loss of goods.
Depending on region, some countries may destroy packages that are unclaimed or have tax owing, some may return to sender.
In the event that goods are returned back to us we will contact you and offer to re-ship the items (at your expense) or offer a refund for the goods (less a 30% restocking fee).
You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such complications.
PRODUCTS MISSING FROM AN ORDER
Should a Product be missing from an order when received, please contact us with the order number and the product code or product name of the Product you ordered, and we will make the appropriate investigations.
RETURN OF PRODUCTS
Any return of Products to us by you will be governed in accordance with our Returns Policy.
PRIVACY POLICY
Tomü recognises and values the protection of your personal information. We are aware of our obligations under the Privacy Act 1988 (Cth) and we will ensure that we fulfil our obligations under that Act.
We recognise that you may have concerns about our collection of your personal information via our website and how we may use that information.
We have implemented this Privacy Policy in order to inform you about how we will collect, store, use your personal information and under what circumstances we may disclose your personal information.
Information we collect from you
From time to time, we may ask you to supply personal information such as your name, address, date of birth, telephone number or e-mail address. However, under no circumstances will we request or collect any information from you that may disclose your:
- political, religious or philosophical beliefs or affiliations;
- health and sexuality;
- racial or ethnic origin; or
- criminal convictions.
We may also conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you.
Personal information via the Website
Most commercial websites use ‘cookies’, which are pieces of information that websites send to the browser and are stored in the computer hard-drive. Cookies make using the Website easier by storing information about your preferences on the Website. This allows the Website to be tailored to you for any of your return visits. Cookies will not identify you personally.
If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of the Website.
Your option not to provide your personal information
Providing us with your personal information is absolutely optional, and whenever it is optional for you to provide us with your personal information, we will make this clear to you. When you provide us with your personal information, you are consenting to our storage, use and disclosure of that information as outlined in this Privacy Policy.
We may from time to time run competitions or offer additional benefits to you and we may ask you to provide us with your personal details for these purposes. Providing us with this information is absolutely optional to you. However, if you do not provide your personal information to us we may not be able to contact you or give you access to the additional benefits.
You may opt out of these additional communications at any time and can do so by emailing us.
Use and disclosure of your personal information
Your personal information, including your email address, will be used for the following primary purposes:
- to process and finalise orders made via the Website;
- to ensure the proper functioning of the Website; and
- to assist Tomü with our marketing, planning, product development and research requirements.
We will not use or disclose (or permit the use or disclosure of) personal information that could be used to identify an individual member in any circumstances except:
- to ensure the proper functioning of our business and the Website
- to communicate promotional offers and special events to you;
- where the law requires us, or authorises us to do so; or
- where you have given express consent to us for a prescribed purpose.
We will not sell, distribute, rent, licence, disclose, share or pass your personal information onto any third parties, other than those who are contracted to us to keep the information confidential whether subject to a statute or a scheme which imposes similar restrictions to the National Privacy Principles contained in the Privacy Act 1988 (Cth) regarding the handling of personal information.
We will take all reasonable steps to ensure that all information collected from you is accurate, up to date, complete and stored in a secure environment and accessed only by our authorised personnel.
Please note that no information transmitted over the Internet can be guaranteed to be 100% secure. However, we will endeavour to protect your personal information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.
Unsubscribing from our email database
To unsubscribe from our email database, please email info@tomu-store.com with “UNSUBSCRIBE” typed into the subject line of the email, alternatively you can follow the unsubscribe link in our emails.
Accessing, correcting and updating your information
You have the right to access the information that you provide to us.
If you wish to access, modify or remove any personal information that you have provided to us, please contact our Privacy Officer at Info@Tomu-Store.com
We reserve our right to modify or amend this Privacy Policy at any time. Should any significant amendments occur, notification would be provided by publication on the Website.
SPAM STATEMENT
Tomü is committed to observing and complying with its obligations at all times under any relevant Spam legislation and regulations in any subject country.
For the purpose of this Spam Statement, the term ‘subject country’ means the country from which you access our website, which is located at www.Tomu-Store.com
We assure you that:
- we have crafted an internal policy to educate staff and implement clear guidelines and rules in relation to the dissemination of commercial electronic messages;
- you may at any time unsubscribe from any mailing list to which you have previously subscribed. If for any reason there appears to be no facility to unsubscribe from the mailing list, please send an email to Info@Tomu-Store.com advising us of your wish to unsubscribe; and
- we will not use address-harvesting software for any reason whatsoever.
To assist us to combat spam, we request your assistance with the following:
- If you receive an unauthorised commercial message, which appears to originate from a Tomü email address, please assume that it has been sent in error and notify us immediately on the above contact details;
- Please ensure that you unsubscribe from any of the Tomü mailing lists if you decide that you no longer wish to receive electronic commercial messages from Tomü or its contracted third parties; and
- Please notify us of any changes to your personal details or cancellation of your email address so we can update our records.
TERMS OF USE
Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.
We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms of Use. You agree to be bound by such changes, modifications or revisions as made by us from time to time.
Our services
We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.
Prohibited conduct
In relation to the Website, you must not:
- use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
- use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
- use the Website to send unsolicited email messages;
- in any way tamper with, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website or via the Website; or
- attempt any of the above acts or facilitate or assist another person to do any of the above acts.
Intellectual Property
The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under license by Tomü and protected by international laws.
Your use of the Website does not grant you a licence or act as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.
We own the copyright, which subsists in all creative and literary works that are displayed on the Website.
You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.
You must not:
- reproduce or use any of the material on the Website for commercial purposes, including sale;
- in any way modify the material on the Website; or
- cause any of the material on the Website to be framed or embedded in another website.
In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.
In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.
Third party links
The Website may contain hyperlinks and other pointers to websites operated by third parties (“Linked Websites”). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.
We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.
Indemnity
By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.
Disclaimer
Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights and with respect to the Website:
- all material on the Website is provided to you without warranties of any kind, either express or implied;
- we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose;
- we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
- we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.
Limitation of Liability
To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:
In the case of goods supplied or offered by us:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the costs of replacing the goods or acquiring equivalent goods; or
- the payment of the costs of having the goods repaired.
Termination
The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.
Miscellaneous
We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not expressly granted in the Terms of Use are reserved.
If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.
Applicable Law
The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.
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