TERMS & CONDITIONS

These Terms and Conditions (“Terms”) govern your access to and use of our website located at toupatera.com (the “Site”), including any purchases you make through the Site.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

1. Eligibility
By using this Site, you represent and warrant that you are at least 18 years old or the age of majority in your jurisdiction, or that you are using the Site under the supervision of a parent or legal guardian.

2. Use of the Site
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates applicable laws or regulations.
  • To engage in fraudulent, abusive, or harmful activity.
  • To interfere with the operation or security of the Site.
  • To attempt to gain unauthorized access to any portion of the Site, other accounts, or computer systems.
  • To transmit viruses, malware, or other malicious code.
  • To use bots, scrapers, or automated systems to access the Site without our written permission.

We reserve the right to suspend or terminate access to the Site for anyone who violates these Terms.

3. Products and Services
We make reasonable efforts to display our products as accurately as possible, including descriptions, images, pricing, and availability. However, we do not guarantee that all product descriptions, photographs, pricing, or other content on the Site are accurate, complete, current, or error-free.

We reserve the right to modify, discontinue, or limit the availability of any product at any time without notice.
We also reserve the right to limit the quantities of products purchased by any person, household, or order.

4. Orders
When you place an order through the Site, you agree that:

  • All information you provide is accurate, current, and complete.
  • You are authorized to use the payment method provided.
  • Your order constitutes an offer to purchase the products listed in the order.

We reserve the right to accept or reject any order for any reason, including but not limited to product unavailability, pricing errors, suspected fraud, or issues identified with payment processing.

An order confirmation email does not necessarily mean we have accepted your order. We may cancel or limit quantities in an order at our discretion. If we cancel an order after payment has been processed, we will issue a refund for the canceled amount.

5. Prices and Payment
All prices listed on the Site are in U.S. Dollars unless otherwise stated.

Prices are subject to change without notice. We reserve the right to correct pricing errors, typographical mistakes, or inaccuracies at any time, including after an order has been submitted.

By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us and our third-party payment processors to charge the full amount of your order, including applicable taxes, shipping charges, and other disclosed fees.

We are not responsible for any fees or charges imposed by your bank, credit card issuer, or payment provider.

6. Shipping and Delivery
We will make reasonable efforts to process and ship orders within the estimated timeframes shown on the Site or communicated to you. However, shipping and delivery dates are estimates only and are not guaranteed.

We are not liable for delays caused by carriers, customs, weather, supply chain disruptions, or events beyond our reasonable control.

Risk of loss and title for products pass to you upon delivery of the products to the shipping carrier or upon delivery to your address, depending on applicable law.

It is your responsibility to provide an accurate shipping address. We are not responsible for orders shipped to incorrect addresses provided by you.

7. Returns, Refunds, and Exchanges
We want you to be satisfied with your purchase. Our return and refund practices are described in our [Return Policy / Refund Policy], available at Returns.

By making a purchase through the Site, you agree to that policy.

We reserve the right to deny returns, refunds, or exchanges where permitted by law, including in cases of abuse, misuse, or violation of our policy.

8. Promotions and Discounts
From time to time, we may offer promotions, discount codes, coupons, or special offers. These offers may be subject to additional terms and conditions, which will control in the event of a conflict with these Terms.

Promotions:

  • May be limited in time or quantity.
  • May not be combined with other offers unless expressly stated.
  • Have no cash value unless required by law.
  • May be modified or canceled at any time.

9. User Accounts
You may be required to create an account to access certain features of the Site. If you create an account, you are responsible for:

  • Maintaining the confidentiality of your login credentials.
  • Restricting access to your account and device.
  • All activities that occur under your account.

You agree to provide accurate, complete, and current information and to update it as necessary.

We reserve the right to suspend or terminate your account if we believe you have violated these Terms or provided false or misleading information.

10. Intellectual Property
All content on the Site, including but not limited to text, graphics, logos, product descriptions, images, videos, designs, icons, software, and other materials, is owned by or licensed to Tou PATerA and is protected by intellectual property laws.
You may not reproduce, distribute, modify, display, publish, transmit, create derivative works from, or otherwise exploit any content from the Site without our prior written consent, except for personal, non-commercial use as permitted by law.

11. User Content and Reviews
If you submit reviews, comments, photos, testimonials, suggestions, or other content to us or through the Site (“User Content”), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, publish, display, translate, distribute, and otherwise use that User Content in connection with our business.

You represent and warrant that:

  • You own or control all rights in the User Content.
  • The User Content is accurate.
  • The User Content does not violate any law or infringe any third-party rights.
  • The User Content is not defamatory, obscene, harassing, misleading, or otherwise objectionable.

We reserve the right, but not the obligation, to remove or edit User Content at our discretion.

12. Prohibited Conduct
You agree not to:

  • Violate any applicable law or regulation.
  • Infringe or misappropriate our intellectual property or the rights of others.
  • Use the Site for fraudulent or deceptive purposes.
  • Impersonate any person or entity.
  • Upload or transmit malicious code.
  • Interfere with the security or proper functioning of the Site.
  • Use data mining, scraping, robots, or similar extraction methods without our written permission.
  • Attempt to bypass any security measures or access restrictions.

13. Third-Party Services and Links
The Site may contain links to third-party websites, services, or resources, including payment processors, shipping carriers, and social media platforms. We do not control and are not responsible for the content, policies, or practices of any third parties.
Your interactions with third-party services are governed by their own terms and policies.

14. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL PRODUCTS, CONTENT, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Tou patera AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR THE APPLICABLE PRODUCT GIVING RISE TO THE CLAIM, OR (B) $100.

16. Indemnification
You agree to defend, indemnify, and hold harmless [Your Business Name] and its officers, directors, employees, affiliates, agents, contractors, licensors, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, expenses, or fees, including reasonable attorneys’ fees, arising out of or relating to:

  • Your violation of these Terms.
  • Your misuse of the Site.
  • Your violation of any law or the rights of a third party.
  • Any User Content you submit.

17. Privacy
Your use of the Site is also subject to our Privacy Policy, available at [Insert Privacy Policy Link], which describes how we collect, use, and protect your information.

18. Governing Law
These Terms and any dispute arising out of or relating to these Terms, the Site, or any purchases made through the Site shall be governed by and construed in accordance with the laws of California, U.S.A., without regard to its conflict of law principles.

19. Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any products purchased through the Site shall be resolved through [binding arbitration / the state and federal courts located in California, and you consent to the exclusive jurisdiction and venue of such forums.

20. Changes to These Terms
We reserve the right to update or modify these Terms at any time. If we make changes, we will update the “Last Updated” date above.
Your continued use of the Site after any changes become effective constitutes your acceptance of the revised Terms.

21. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:

Tou Patera
 SHOP@TOUPATERA.COM