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Terms & Conditions
Welcome to TTA Direct LLC (“Website”). This Website is owned and operated by TTA Direct LLC (“TTA”, “we”, “our” or “us”). Please review these terms (“Terms”) carefully as they will advise you what you can and can’t do on our Website. If you are under 18, please be sure to get your parents’ permission before using this Website.We reserve the right to update and change these Terms by posting updates and changes to the Website. You are advised to check the Terms periodically for any updates or revisions that may impact you, and if you do not accept such amendments, you must cease using the Website.
BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY ITS TERMS, WHICH INCLUDE AND INCORPORATE BY REFERENCE OUR PRIVACY POLICY AND ANY OTHER TERMS AND CONDITIONS WHICH WE NOTIFY YOU OF WHEN YOU USE OR ATTEMPT TO USE OUR WEBSITE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
Site Content
All features, specifications, products and prices of merchandise on our Website are subject to change at any time without notice. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Website. We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Website or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and/or cancel orders at any time without prior notice (including after you have submitted your order). We intend to display as accurately as possible the colors of our products that appear on the Website; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display the colors of our merchandise.
Intellectual Property
You acknowledge that all materials on the Website, including its design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, "Objects"), are the property of TTA and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Objects not expressly granted in these Terms are reserved to their respective copyright owners. We authorize you to view and download the Objects only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in such originals. Except as expressly authorized by these Terms, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without our prior written consent or the respective copyright owner. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Website are the sole property of TTA and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without our prior written consent and/or its licensors. We reserve the right to enforce its intellectual property rights to the fullest extent of the law.
Disclaimer of Warranties and Limitation
THIS WEBSITE AND ALL CONTENT AND SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR ANY GUARANTY OR ASSURANCE THE WEBSITE, CONTENT OR SERVICES OFFERED THROUGH THE WEBSITE WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT THE WEBSITE OR CONTENT ARE ACCURATE OR ERROR FREE, THAT DEFECTS THEREWITH WILL BE CORRECTED, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. TOCCIN IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS OR INFORMATION. BY USING THE WEBSITE YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TOCCIN AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM (a) ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OFFERED THROUGH THIS SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (b). LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM THE WEBSITE, CONTENT, OUR TERMS AND/OR YOUR OR ANYONE ELSE’S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED FIVE HUNDRED DOLLARS ($500). BOTH PARTIES AGREE THAT FIVE HUNDRED DOLLARS ($500) IS A REASONABLE ESTIMATE OF THE MAXIMUM DAMAGES, IF ANY, WHICH MAY RESULT FROM USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Third-Party Hyperlinks
Our Website may contain hyperlinks to other sites operated by third parties. These links will take you away from our Website. Please note that we do not guarantee the accuracy or completeness of any information presented on these sites nor do we represent either the third party or you if the two enter into a transaction. The third party’s privacy and security policies may differ from ours. We encourage you to know when you leave our Website and to read the privacy statements of each and every internet website that collects personally identifiable information. Our Privacy Policy applies solely to information collected by our Website.
Applicable Law
These Terms supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. We administer this Website from our offices in New York. These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website shall be brought exclusively in the Federal or State Courts residing in New York, New York. You and us jointly waive any right to a jury trial. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any claim or cause of action you have with respect to use of the Website must be commenced within one (1) year after the claim arises. If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force.
Indemnification
You agree to indemnify, defend and hold harmless the TTA, its parent, subsidiary and other affiliated companies, and their respective officers, directors, employees and other representatives against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees), resulting or arising from or relating to your use of or conduct at the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your breach of these Terms, your infringement or violation of any rights of another, or termination of your access to the Website.
Miscellaneous
These Terms constitute the entire and only Terms between us and each user of the Website with respect to the subject matter of these Terms. Our failure to avail ourselves of any of our rights under these Terms for any period of time, or at any time or times, shall not constitute a waiver thereof. Our rights and remedies hereunder are cumulative, and not in lieu of, but in addition to, any other rights and remedies that we may have. If any part of these Terms shall to any extent be invalid or unenforceable, the remainder of these Terms, or the application of such provision or part thereof to persons or entities or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each part of these Terms shall be valid and enforceable to the fullest extent consistent with applicable law. The captions or headings at the beginning of each paragraph hereof are for the convenience of the parties only and are not part of these Terms.
Payment Methods
We accept Visa®, MasterCard®, and American Express®, and Amazon Pay®. We do not accept checks, cash or money orders.
Verifications
All orders are processed pending item availability and credit card verification. Our service team will contact you via email if an item is backordered or if there are any other issues with your order.
Taxes
Sales tax is charged and collected based on the recipient's state's specific requirements as they relate to nexus.
Promotions
One promo code per order. Combined promotions will not work; During TOCCIN promotions, items cannot be discounted through either a price match or an additional TOCCIN promotion.
Cancellations
TOCCIN cannot accommodate automatic order cancellations at this time. Upon receiving your order, please return the original item for a refund referencing the return instructions.
Direct Orders & Events
If you placed your order directly with a TOCCIN salesperson, or at a TOCCIN event, please contact us at info@toccin.com for further instructions.
Order Issue
Please contact info@toccin.com with your order number and a description of the issue, along with a photo of the packing slip from your package and we’ll take care of you asap! Our customer service hours are Monday-Friday, 10am-5pm EST. We are closed on federal holidays. Please allow for 24-48 hours for a response to your request.
Privacy policy
Effective date: September 9, 2019. TTA Direct LLC (“TTA”, “us”, “we”, or “our”) operates the www.toccin.com website (hereinafter referred to as the “Website”). This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Website and the choices you have associated with that data. We use your data to provide and improve the Website. By using the Website, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms.
We collect several different types of information for various purposes to provide and improve our Website. While using our Website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to: email address, first name and last name, phone number, address, state, ZIP code, City, Cookies and Usage Data (defined below). We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
We may also collect information on how the Website is accessed and used (“Usage Data”). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We use cookies and similar tracking technologies to track the activity on our Website and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve our Website. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Website.
Your information, including Personal Data, may be transferred to and/or maintained on computers located outside of your state where the data protection laws may differ from those of your jurisdiction.
We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization there are adequate controls in place including the security of your data and other personal information.
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Website and the services provided therein (“Providers”), and such Providers may perform service-related services or assist us in analyzing how our Website is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Providers to monitor and analyze the use of our Website. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Website. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You may opt-out of having made your activity on the Website available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
We provide paid products within the Website. In that case, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. The payment processors we work with are: Amazon Payments (their privacy policy can be viewed at https://pay.amazon.com/help/201751600) and Shopify Pay! (their privacy policy can be viewed at https://pay.shopify.com/tos-privacy-policy).
Our Website may contain hyperlinks to other sites operated by third parties. These links will take you away from our Website. Please note that we do not guarantee the accuracy or completeness of any information presented on these sites nor do we represent either the third party or you if the two enter into a transaction. The third party’s privacy and security policies may differ from ours. We encourage you to know when they leave our Website and to read the privacy statements of each and every internet website that collects personally identifiable information. Our Privacy Policy applies solely to information collected by our Website.
We may disclose your Personal Data in the good faith belief that such action is necessary to comply with a legal obligation, to protect and defend our rights or property, to prevent or investigate possible wrongdoing in connection with the Website, to protect the personal safety of users of the Website or public and to protect against legal liability.
We may transfer and/or disclose your Personal Data for us to comply with a legal obligation; to provide information to law enforcement and other governmental authorities in accordance with applicable law, and when we believe in good faith that the law requires it. We also reserve the right to share information with legal authorities and other companies for fraud protection and credit risk reduction, to detect any technical or security vulnerabilities, to enforce our Terms or other applicable policies, or to otherwise protect the rights, property, safety, or security of third parties, users of the Website, TTA and its parent, subsidiary, affiliates, or the public.
During the normal course of our business, we may sell or purchase assets. If another entity acquires all or a part of a business our parent, any subsidiary or affiliated companies, Personal Data may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, our parent, any subsidiary or affiliated companies, such information may be considered an asset of the company and may be sold or transferred to third parties. Should a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personally identifiable information provided through the Website in a manner that is consistent with this Privacy Policy.
If you are a California resident, you may request information about our disclosure of personal information to third parties or affiliated companies for their direct marketing purposes. To make such request, please submit a written request to the following email address specifying that you want a copy of our “California Privacy Rights” notice: info@toccin.com. Please include "Attn: California Privacy" in the subject line. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. Please allow up to 14 days for us to process your request. You may submit such a request once per year.
Our Website does not address anyone under the age of 18 (“Minors”). We do not knowingly collect personally identifiable information from Minors. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Minors without verification of parental consent, we take steps to remove that information from our servers.
We reserve the right to update and change our Privacy Policy by posting updates and changes to the Website. You are advised to check our Privacy Policy periodically for any updates or revisions that may impact you. If you have any questions about this Privacy Policy, please contact us by email at info@toccin.com.