Terms & Conditions
Last updated August 2020
Welcome to the TOSHINEU.COM website. The website www.toshineu.com owned and operated by The Skina Group Limited. As you have no doubt experienced with virtually all websites, your use of this Site, is subject to specific terms and conditions of use ( collectively "Terms") set forth below. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Shopify Inc. hosted this Site. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
PRODUCTS OR SERVICES
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right to limit the numbers of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
PRICE AND TAX
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.
Prices for all our products do not include sales tax, where applicable. Delivery costs are not included.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and or orders that use the same billing and or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other informations so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
PAYMENT BEFORE DELIVERY
The applicable amount will immediately be reserved on your card but will not be debited until the goods are dispatched. We may refuse orders depending on the result of these checks. Please note that any applicable bank charges will be borne by you.
Please note that we are unable to accept gift cards and merchandise cards as forms of payments via toshineu.com.
You will receive the legally required invoice document in the Shipping Confirmation e-mail.
Online orders are shipped and delivered Monday through Friday, excluding major holidays. We will ship the goods via UPS ship. International orders are usually dispatched delivery around 10 business days.
An email will be sent once your order has been dispatched. If you do not receive one, please email email@example.com. All orders require a signature on delivery, make sure your supplied address is attended during business hours. We cannot send to PO BOXES. Please ensure a street address is supplied.
You will be liable for all import duties, customs and taxes. These will be due at the point of, or after delivery. Please be aware that we do not have any control over any duties, customs, and taxes levied by the country your order is being shipped to. We cannot advise you what the cost will be as these charges can vary according to a country. Since these fees are not computed nor applied to orders by us, please contact your local customs office to find out more information if you are unsure of the charges.
SHIPMENT AND RISK OF LOSS
We will add applicable shipping and handling fees to your product orders. Unless otherwise noted, we will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although we may provide delivery or shipment timeframes or dates, you understand that these represent our good faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of the order or, if no date were specified, beyond 30 days from the date of your order), we would use reasonable good faith efforts to contact you. If we cannot reach you, or you no longer wish to receive the item, we will cancel the order and promptly refund the amount tendered within seven (7) business days if the purchase was made using a third-party credit card. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All products purchased from the Site are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.
We accept the return of unworn and unused items in their original condition upon presentation within 14 days of order receipt, for exchange or store credit. Postage to send an item back for an exchange will be at the customer's own expense. Please do not hesitate to contact us on firstname.lastname@example.org for any questions you may have before making a purchase.
Each product is custom made per order. We do not offer refunds. Due to hygiene reasons, please note that earrings cannot be exchanged or refunded.
HOW TO RETURN OR EXCHANGE
To exchange or receive a credit for your purchase, you must be returned the product in its original, unworn condition and carefully repackaged in the original protective packaging. We will not exchange goods that have been worn or show visible signs of wear or use.
To return or exchange any product, you need to contact us to obtain your Return Merchandise Authorisation (RMA). Returns or exchanges without an RMA number cannot be accepted. Please email email@example.com with the following information:
- Your full name
- Original Order Reference Number
- Date of Purchase
- Items to be returned for exchange or credit note
- State the reason for return
After you have received your RMA number, please securely package your item in its original, using an insured express service with signature on delivery. We will not be held responsible for product lost or damaged during postage back to us.
Please note, we will not be responsible for return shipping costs nor duty reimbursement in the case of international purchases (other than faulty items) for the exchange of change of mind items. It is the responsibility of the customer to cover shipping costs to dispatch their updated order upon exchange of goods.
To cancel your order, please Contact Us. Include your name, order reference number and details of the product(s) you wish to cancel. You can cancel your order online at any point up to the completion of the secure payment section at the checkout. Beyond this point, we cannot guarantee we will be able to stop your order being processed and dispatched even if you email immediately after placing your order. If your order has already been processed when we receive your Contact Us form, you will need to return your order following our Returns guidelines. Your statutory rights are not affected.
Any claim regarding damaged or defective goods must be made within 48 hours of receipt of merchandise. If the item is deemed to have a manufacturing fault, a repair or replacement will be issued. A refund will be issued if we cannot repair or replace the item.
We will cover return postage of items with manufacturing faults.
Please consider and follow the recommended care instructions for all our items, as those considered faulty due to reasonable general wear and tear or customer mistreatment will not be considered for replacement or refund.
To notify us of possible infringement, please provide with a written communication containing the following information:
- Evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark;
- A description of the copyrighted work or trademark that you claim has been infringed;
- Description of where the alleged infringing material is located on the Site, including the permalink where the material is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or trademark owner or authorized to act on the owner's behalf;
- Your physical or electronic signature.
If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or the third-party service provider terminates our access to such Third-Party Account, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a "Force Majeure Event"). A Force Majeure Event shall include any act, event, non- happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following: 1. Strikes, lock-outs or other industrial action. 2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters. 4. The impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transportation. 5. The impossibility of the use of public or private telecommunications networks. 6. The acts, decrees, legislation, regulations or restrictions of any government. 7. Any shipping, postal or other relevant transport strikes, failure or accidents. Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
The Site may contain, refer to, or link to articles in the press, personal endorsements or testimonials about our products. You access these materials through the Site at your own risk. Results and opinions about our products may vary widely, and testimonials are opinions only. We make no guarantees regarding our products other than those that are explicitly set forth on this Site.
SECURITY OF COMMUNICATIONS
We do not guarantee, represent or warrant that email and Chat messages are secure or confidential. Accordingly, do not send us information, data, or other communications, solicited or unsolicited, through this Site, Third Party sites, email, voicemail or the Chat function that you consider or expect to be treated as confidential, as it may not be protected or secure.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing. YOU NOW AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You now waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
LIMITATIONS OF LIABILITY
In no event will we or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or province, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
QUESTIONS AND FEEDBACK
We welcome your questions, comments, and feedback. Please send all questions, comments, and feedback to us at firstname.lastname@example.org.