Terms & Conditions of Use
Terms of Website Use
Please read these terms and conditions carefully before using this site
This United States Terms and Conditions (referred to below as these “Terms”) has been written to describe the conditions under which we make our products (“Products”) available to customer in the United States through our website (the “Site”). In these Terms, “we” and “us” means Talking Tables Inc., a Delaware corporation, and “you” means the person using the Site. “Both of us” or “Either of us” means both or either of you or us.
These Terms apply only to use of this Site by, and orders from, customer in the United States of America. Orders from persons in other countries are subject to the terms at http://www.talkingtables.co.uk/terms-and-conditions.
These Terms discusses important limitations about the way you may use and rely upon materials you find on the Site. Read these Terms carefully. By using the Site, you will be deemed to have accepted these Terms. If you do not accept these Terms or if your right to use the Site has been terminated (see below), you may not use the Site.
YOUR ACCOUNT AND PASSWORD
ORDERS AND PRICING
Our shopping pages will guide you through the steps you need to take to place an order with us (an “Order”). Our order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each page of the order process.
The total price required for a purchase on the Site depends on a number of factors that may change between the time you start adding items to your cart and the time you submit your Order. Items on the Site have a price associated with each item. In addition, your total purchase price may be affected by factors such as your shipping address. You must review your complete Order, including the final total purchase price and the final individual item prices, before you submit your Order.
Your submission of an Order is an offer by you to purchase the items selected at the prices indicated immediately prior to your submission of the request. This offer remains open until we email you to confirm that it has been accepted or that it has not been accepted (e.g., because an item has become unavailable).
After you place an Order, you will receive an e-mail from us acknowledging that we have received your Order. However, please note that this does not mean that your Order has been accepted. We will confirm our acceptance of your Order by sending you an e-mail that confirms that the Products have been shipped.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Site, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing. Please note that if the pricing error is obvious and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
We reserve the right to cancel any Orders containing pricing errors, with no further obligations to you, even after your receipt of the order confirmation mentioned above or a shipping confirmation. We may, at our discretion, either contact you for instructions or cancel your Order and notify you of the cancellation.
You can only pay for Products using a debit card or credit card. We accept all major cards (including American Express). Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we ship your Order.
Items sold on the Site may be subject to sales tax. Prior to submitting your Order, you will see an estimate of the tax to be collected. The amount of tax actually charged on your Order will depend on various factors, including the items purchased and the shipment destination.
TITLE AND RISK OF LOSS
Risk of loss and title of items purchased on the Site passes to you upon delivery of the items to the common carrier for delivery to you.
We attempt to be as accurate as possible. The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the color of the Products. Your Products may vary slightly from those images. The packaging of the Products may vary from that shown on images on our Site. We do not warrant that Product descriptions or other content of the Site are accurate, complete, reliable, current, or error-free. If a Product offered by us is not as described, your sole remedy is to return it to us under our refund policy.
MANUFACTURER LIMITED WARRANTIES
Some of the Products we sell to you may come with a manufacturer's warranty. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
We make no warranties relating to Products subject to a manufacturer's warranty, and will refer you to the manufacturer in such cases. For such Products, we disclaim all warranties and conditions, express or implied, including without limitation implied warranties and conditions of merchantability and fitness for a particular purpose. Some states (or jurisdictions) do not allow limitations on implied warranties or conditions, so this limitation may not apply to you.
OUR LIMITED WARRANTY FOR CERTAIN PRODUCTS
In the case of Products which do not come with a manufacturer’s warranty, we offer the following limited warranty. We warrant to the original purchaser (or, in the case of a sale through an authorized reseller, to the original retail purchaser) that the Product will be free from defects in materials and/or workmanship for a period of thirty (30) days from the initial date of delivery. The above warranty does not apply to any defect in the Product arising from: (a) ordinary wear and tear; (b) willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; (c) if you fail to operate or use the Product in accordance with the user instructions; (d) any alteration or repair by you or by a third party who is not one of our authorized repairers; or (e) if sold to a retail purchaser through a reseller, any additional descriptions, promises, specifications or similar statements or warranty made by the reseller. We provide no warranty with respect to any Product sold through an unauthorized reseller.
During the warranty period, we will, at our option: (1) repair and/or replace the Product with a comparable Product upon its return or (2) refund the purchase price of the Product.
We make no express warranties relating to Products beyond those stated in this warranty statement. We disclaim all other warranties and conditions, express or implied, including without limitation implied warranties and conditions of merchantability and fitness for a particular purpose.
Our responsibility is limited to repair and replacement as set forth in this warranty statement. This warranties give you specific legal rights, and you may also have other rights which vary from state to state (or jurisdiction to jurisdiction).
We do not accept liability beyond the remedies set forth in this warranty statement or liability for incidental or consequential damages, including without limitation any liability for Products not being available for use.
Some states (or jurisdictions) do not allow limitations on implied warranties or conditions, so this limitation may not apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
EVENTS OUTSIDE OUT CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
INTELLECTUAL PROPERTY RIGHTS
Except with our express permission, which we may withhold in our sole discretion, we do not authorize you to resell our Products on or through any third party website or third party service. Resale without such consent may be a violation of our or our third party suppliers’ intellectual property or other rights. We reserve all rights and remedies we may have in such situations. Without limiting the foregoing, unauthorized resale will also void any warranty that we otherwise provide hereunder.
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content or material to our Site, or to make contact with other users of our Site, you must not upload anything that is unlawful, illegal, or that infringes any third party rights. You must have all necessary consents and permissions to upload such content or material. You warrant that any such contribution does comply with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our Site at any time.
COPYRIGHT AND TRADE MARK POLICIES
It is our policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including the United States Digital Millennium Copyright Act) and to terminate the right of repeat infringers to use the Site. Details of our policy can be found at www.talkingtables.com/dmca.
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may violate applicable criminal law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on our Site other than that set out above, please contact us.
Third party links and resources in our Site
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
LIMITS ON USE
You are only authorized under the Terms to use the Site individually. By requesting to use, and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into the Terms and you commit to abide by the Terms.
ELIGIBILITY TO USE THE SITE
We sell products for adults and children, but we sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. Accordingly, any individual under the age of 18 years ("Minor") must have a parent or guardian accept the Terms in order for such Minor to use the Site. A parent or guardian who accepts the Terms on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the Terms, including any payment obligation. A parent or guardian who accepts the Terms on behalf of a Minor will continue to be primarily liable for the obligations mentioned in the Terms even when the Minor has attained the age of 18, unless the parent or guardian obtains the Company’s express written consent to the contrary.
Due to restriction on the storage and use of personal information, no person under the age of 13 may use the Site. Any information relating to a person under the age of 13 must be submitted by parent or guardian of such individual.
You hereby authorize us to verify your representations and warranties herein, and you acknowledge that we reserve the right, but not the obligation, to verify such representations and warranties, and to take action we deem appropriate in our sole discretion, including but not limited to terminating your right to use the Site, should we determine, in our sole opinion, that you have violated any representation or warranty or any other provision of the Terms.
DISCLAIMERS AND LIMITATION OF LIABILITY
The Site is provided “AS IS” without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you. In no event will we, our suppliers, or other third parties be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Site, whether based on warranty, contract, tort or any other legal theory and whether or not we have been advised of the possibility of such damages. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you.
CHANGES TO THE SITE; TERMINATION
Certain provisions of the Terms may be superseded by expressly designated legal notices or terms located on particular parts of the Site. We may, at any time, modify the Site, or stop (permanently or temporarily) providing the Site (or any features within the Site) to you at our sole discretion and for any reason, and without notice, without liability to you or any person, including without limitation if we believe you have breached or may breach any provision of the Terms; or if the provision of the Site to you is, in our opinion, no longer commercially viable. Upon any such termination, the provisions of the Terms shall continue in effect except you are no longer authorized to use the Site; termination shall not relieve you for liability for breach occurring prior to termination.
AMENDMENT AND UPDATING OF THE TERMS; ELECTRONIC SIGNATURES
We may desire to make changes to the Terms from time to time to update it, for example to add references to different products and services. We may specify amended or updated terms that apply to the use of Site after the effective date of such amendment or update, and we will make a new copy of the Terms available to you and may require you to accept it as a condition to the continued provision of the Site to you. In addition, the continued use of the Site after receipt of such amended terms shall constitute your agreement to such amended terms. In addition, any modification, amendment, or waiver of any provision of the Terms shall be effective if in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Site. Further, you hereby 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.
If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the relevant Order if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Any notice or other communication given by you to us, or by us to you, under or in connection with these Terms shall be in writing and shall be delivered personally, sent by pre-paid first class mail or other next working day delivery service or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our office; if sent by pre-paid first class mail or other next working day delivery service, at 9.00 am on the second Business Day after sending or if sent by e-mail, one Business Day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
You may not use or export or re-export the Site or materials found thereon or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. The Terms will be governed by and construed in accordance with New York law, without giving effect to any principles of conflicts of laws. You and we agree to submit to the exclusive jurisdiction of the state and federal courts located in New York, NY, USA, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If you have any questions about the Terms or the Site you may contact: firstname.lastname@example.org