GENERAL TERMS AND CONDITIONS FOR THE USE OF TALKING TOM AND FRIENDS SHOP
(Last update September 2016)
GENERAL TERMS AND CONDITIONS FOR THE USE OF TALKING TOM AND FRIENDS ONLINE STORE
This General terms and conditions for use of the Talking Tom and Friends Online Store are an agreement between You and TT & F, Licensing Company, LIMITED, incorporated and registered in Slovenia, with a registered office at Koprska ulica 98, Ljubljana, Slovenia, registration no.: 6959563000, VAT no.: SI 20542097. These Conditions govern Your use of the Talking Tom and Friends Online Store including placing an offer and purchasing goods from TT & F, Licensing Company, LIMITED, unless any special function is accompanied by a separate license, in which case the separate license shall govern.
BY ACCESSING OR USING THE TALKING TOM AND FRIENDS ONLINE STORE YOU ACCEPT AND UNDERTAKE TO BE BOUND BY THESE CONDITIONS. IF YOU DO NOT ACCEPT THESE CONDITIONS, DO NOT ACCESS AND/OR USE THE TALKING TOM AND FRIENDS ONLINE STORE.
Subject to Your acceptance of and compliance with these Conditions, we grant You a personal, limited, non-exclusive, revocable and non-transferable license to use the Website solely for Your personal and non-commercial purposes as set forth in these Conditions.
Before You use our Website or place an Order, if You have any questions relating to these Conditions, please contact email@example.com.
"Talking Tom and Friends Shop or We/Us" means TT & F, Licensing Company, LIMITED, a company organized under the laws of Slovenia, with a registered office at Koprska ulica 98, Ljubljana, Slovenia, registration no.: 6959563000, VAT no.: SI 20542097and its affiliates and subsidiaries;
“Online Store or Store” means the store located on the Website;
"Website" means the website located at www.talkingfriends.com or any other URL which may replace it;
"You" means a User of the Website;
"Users" means the Users of the Website collectively;
“Your Order or Order” means the offer you place via our Store for the purchase of Our Products which shall be binding for Us upon our Acceptance of your Order;
“Confirmation of receipt of your Order” means confirmation of receipt of your Order which shall be sent to You by e-mail promptly upon placing an Order. Confirmation of receipt of your Order shall include a list of purchased Products, basic information from Product Description, purchase and delivery price;
“Acceptance of your Order” means acceptance of your Order which will be sent to You by e-mail after or together with the Confirmation of receipt of your Order. Acceptance of Your Order constitutes binding Agreement and shall include a list of purchased Products, basic information from Product Description, purchase and delivery price, invoice, delivery information as well as these Conditions.By receiving the Acceptance of your Order you have successfully placed your Order and the Agreement between You and Us is deemed concluded.
"Conditions or the Terms of service" means these General terms and conditions for the use of the Online Store and any applicable Special Conditions; Conditions are available at the right bottom of the Webpage or on link http://www.talkingfriends.com/pages/terms-of-service;
"Special Conditions" means the terms and conditions in the Product Description as well as any additional conditions that apply to these terms and conditions;
"Product" means a product displayed for sale on the Online Store;
"Product Description" means that part of the Online Store where description, including certain terms and conditions in respect of the individual Product is provided;
“Pre-Order” shall mean Your offer to Us to purchase the Product/s that are not on stock, but for which a Pre-Order can be made;
"Cookies" means small text files which our Website places on Your computer's hard drive to enable information about Your shopping session and to identify Your computer;
"Personal Information" means the details provided by You on registration as well any information regarding behavior on the Website, information on placed Orders and sales and any other information submitted by You to Us.
Use of the Website
You are provided with access to this Website in accordance with these Conditions and any Orders placed by You must be placed strictly in accordance with these Conditions. By placing an Order through Website You warrant that You are not a minor, that You are at least 18 years of age and that You have full legal capacity to enter into this Agreement. If You are under 18 years of age or a minor in Your country of residence, or under legal custody, You warrant that You are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
If You are placing an Order for a legal entity, You represent and warrant that You have acquired consent from the statutory representative for placement of such Order.
By accessing this Website You irrevocably understand and agree that You can communicate and operate with Us only in English language.
When using the Website, You are responsible for maintaining the confidentiality of Your account and password (if any) and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.
You agree to use the Website in a manner that does not cause harm to Us, other Users or third parties. We reserve the right to terminate or restrict Your access to the Website without prior notice if You violate these Conditions or if You abuse the Website or access the Website to an unusual extent. We are entitled to prevent access to the Website if We have reason to believe that You are engaged in illegal activity or compromise other Users' or Our data security or privacy.
We may suspend the Website where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. We aim to ensure that the suspension is as short as possible. We reserve the right to cease operating the Website or offering it to the public at our sole discretion.
You consent to being automatically redirected to localized version of the Store which is closer to Your location, If such possibility exists.
Modifications to the Website
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense.
Modification of these Conditions
We reserve the right to: modify and/or change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website and must not access and/or use the Website.
The most current version of the Conditions is available at http://www.talkingfriends.com.
Third party links
To provide increased value to our Users, We may provide links to other websites or resources for You to access at Your sole discretion. You acknowledge and agree that, as You have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
3. ORDERING PROCESS AND SHIPPING
Prices, shipping and related costs
For all purchases we offer flat shipping rate in the amount of USD 9.99 or as displayed in your home currency after the currency conversion (hereinafter referred to as: "basic shipping costs"). Flat rate includes shipping and handling costs for any Order of any size. In case produtcs are dispatched to EU destinations the shipping rate already includes VAT of 22%. You can always click on "Online Store logo" or any group of Products and You will leave the cart without placing an Order.
All prices in the Online Store are primarely in USD, however our Website automatically detects your IP and from that it finds out the country from which You are browsing our store and consequently all the prices are displayed in Your home currency. There is also a flexible option for You to change the currency from the currency selection box. Currency conversions happen as per the rates on xe.com. The rates get updated twice a day. The checkout remains in the Online Store currency, meaning the Online Store processes all orders in USD. While the content of Your cart may be displayed in Your home currency, You willl checkout using USD at the most current exchange rate.
The prices for products dispatched to EU destinations include VAT of 22%. For legal entities, all purchases are subject to VAT of 22% unless You have a valid VAT number which must be entered at the time of purchase. If You do enter Your VAT number You must account for VAT using the reverse charge method. The VAT number and company name must be verifiable on the ec.europa.eu database or You will need to provide proof of Your VAT registration. Any subsequent changes to the tax invoice are subject to an administration charge of up to 20.00 EUR.
The prices for products dispatched to destinations outside EU do not include customs charges for import, any taxes (sales, use tax etc.) and other possible public charges. It is Your own responsibility to pay such taxes if Your shipping is to be made outside EU.
Public charges. All prices are subject to public charges determined by the authorities, pursuant to the legislation in force from time to time. Please note that the public charges (additional customs, duties, taxes, brokerage charges etc.) may however apply depending on the shipping destination. Please note that we are not responsible for such charges, unless explicitly stated otherwise above.
Shipping charges. Shipping charges shall not be included in the purchase price and will be added to the purchase price. It shall be Your responsibility to pay the shipping costs in addition to the Product prices.
Conversions. When it comes to paying for Your Products, Your credit card company or Your bank will charge You in the currency defined above. However You shall be debited in the currency of Your (credit card or bank) account and the bank will convert Your payment automatically to the charged currency when You pay. This amount may differ to the informational converted prices shown due to currency fluctuations. We are not responsible for any changes in currency rates and charged amounts from Your local currency to currency of payment that may occur between the time of checkout and the time Your payment is made. In order to ensure best services, We are refreshing our currency conversion rates twice a day (at midnight and at 7 A.M.) using middle rate on http://www.xe.com/ currency convertor.
Bank Fees. Please note that bank wire transfers may require additional bank transfer fees, which cannot be estimated at the time of making a purchase. It is Your own responsibility to pay such costs in accordance with the agreement that You have with Your bank.
Late payment interest. We only dispatch Products once we have received cleared payment. If for some reason there is a debt on Your account we charge legal interest rate and reserve the right to set off any such amount with the payment for new ordered Products.
Cancelled or returned orders. We reserve the right to charge a fee for restocking, processing and shipping of cancelled or returned orders, except where otherwise provided herein. Should You wish to amend or cancel an order prior to dispatch, there will be a handling fee of up to 20.00 € if Your order has already been packed. We cannot amend PayPal orders without charging an administration fee, which will be up to 10.00 €.
Internet connection costs. You shall be solely responsible for all internet connection costs when using our Website.
Making a purchase
It is a simple process to make a purchase. The technical steps required for concluding the purchase are as follows. Just browse our shop; our Products are divided into specific groups. Once You click on a group, all Products within such group shall appear. Once You click on a Product, a Product Description shall appear. You can click on a product directly from Product Description in section “You may also like…” as well as section “Other Customers also bought” in the cart. Product Description shall consist of Product material/s, where applicable, its price and a short description. Some Products can be viewed from different angles, through different pictures; You can also enlarge the pictures, all of this simply by clicking on smaller picture/s below the Product. For some Products You can click on " size chart" to see measures and choose the size by ticking on the appropriate size. You can see purchase price on the right side of the Product.
You can add any Product You wish to buy into the cart, by clicking "Add to cart". Chosen Products can be reviewed by clicking on the cart at the right top side of the Website. You can remove any chosen Product by clicking on the cart and then clicking on button "remove" besides the Product You want to remove.
On the right side of each Product You can see the purchase price. The cart shall automatically add up Your total purchase price. Be sure to check quantities and selected Products before placing an Order.
If You want to buy chosen Products, please read carefully the Terms of Service available at the right bottom of the Website or on http://talkingfriends.myshopify.com/pages/terms-of-service. If You do not agree with the Conditions please do not access and/or use the Online Store. If You do not accept the Terms and Conditions, You cannot make a purchase and You can leave the Website at any time. For making an Order simply click on button "Proceed to checkout and accept terms". If You do not wish to make an Order You can click on the Online Store logo or any group of Products and You will leave the cart without placing an Order.
In case of missing data, You will not be able to place Your Order. Please bear in mind that such data is necessary to prevent misrepresentations and to inform You about Your rights and obligations once placing the Order. If You do not wish to place an Order, You can always click on "Talking Tom and Friends Shop", on the top of the Webpage or on the »Talking Tom and Friends Shop« link at the left bottom of the Webpage.
After adding all Your data into the form displayed, You click on “Continue” and Your final order shall appear, with list of selected Products and total amount to be paid for the Products. Basic shipping costs will be automatically added to Your total purchase price for selected Products shown at the right bottom side of the Webpage so that the Total amount shall include the shipping costs and potential discounts. If You do not have PayPal Account, please enter your Billing & Payment data (Credit card type, Card number, Name on card, Expiry, CVV) on the left side of the page. If You do not know what CVV means, simply click on a »question mark« next to CVV to find out. Please review Your information. Shipping address is the same as billing address You have added into the form before. If You want to change Shipping address, You can do that by clicking “Edit” and than enter a new address, where You add Your data (Firstname, Last name, Address l, City, Country, and Postal code) into the form displayed. You will change Your shipping address by clicking “Continue”. If You want to change billing address please click on “Use a different billing address“.
You can check the box in the field »Subscribe to our newsletter« if you want to receive occasional emails about new products, promotions and other news.
If You have a discount code, You can enter it into the box in the right side of the page. You will apply it by clicking “Apply”.
If You decide to confirm Your payment, click on the button "Place my order ".
You can always click on "Talking Tom and Friends Shop" on the top of the Webpage or on the »Talking Tom and Friends Shop« link at the left bottom of the Webpage and Your Order will be cancelled.
Once You place an Order, it shall be treated in accordance with Section “Order acceptance policy”.
By entering Your email and PayPal password, You will be redirected to PayPal's website. On the left side of PayPal's website, You will see Your Order summary, please make a final check. On the right side of the page, You can review Your information. You can change Your shipping address by clicking “change” next to the “Shipping address”, entering data into the form, and clicking “save”. You can also add note to a seller, by clicking “add” next to the “Note to seller” by writing the note into the box and clicking “save”. You can as well change paying method by clicking “change” next to the “payment method”. You will be redirected to the side, where You have a chance to select Credit / Debit card , that You want it to be used. You will do that, by clicking “Continue”. When You have all information checked and reviewed, You click “Continue”.
If You want to place an order, please click on »Pay Now«.
You can always click on "Cancel and Return", at the right bottom of the PayPal' website and You will be redirected to Checkout Option 1.
Once You place an Order, it shall be treated in accordance with Section “Order acceptance policy”.
Order acceptance policy
Our Store constitutes an invitation to place offers for purchase of Our Products. By placing Your Order and paying the purchase price and related costs, You make an offer to Us to buy Our Products. Confirmation of receipt of Your Order shall be sent to You by e-mail promptly upon making an Order. Confirmation of receipt of Your Order does NOT mean that Your order is accepted, but merely that You successfully placed Your Order and that we need to review it. In case of a change of price, Product Description or lack of stock, We will always contact You first to ensure that the changes are acceptable for You. Confirmation of receipt of Your Order shall include Your Order details containing list of purchased Products, invoice, basic information from Product Description, purchase and delivery price and taxes.
We may also require additional verifications or information before accepting any Order.
After or together with the Confirmation of receipt of Your Order, We will send You an acceptance of Your Order. Acceptance of Your Order constitutes binding Agreement and shall include a list of purchased Products, basic information from Product Description, purchase and delivery price, invoice, delivery information as well as these Conditions. By receiving the Acceptance of Your Order You have successfully placed Your Order and the Agreement between You and Us is deemed concluded.
Non-confirmation of Your Order
You will be informed about non-acceptance of your Order to Your contact e-mail.
Non-acceptance of Your Order may be a result of one of the following:
- The Product You ordered being unavailable from stock.
- Our inability to obtain authorization for Your payment.
- The identification of a pricing or Product description error.
- Customs or shipping limitations for Your country.
- You not meeting the eligibility criteria set out in these Conditions.
- You not providing additional verifications or information.
In case of non-acceptance of Your Order, Your payment (if any) shall be refunded within the shortest possible timeframe, but no later than within fourteen (14) days following notice of non-acceptance.
We strive to achieve the best possible user experience. We however cannot guarantee that Your Order will be received and/or accepted. We are not in any way liable to You in such event.
Each Product is subject to its Product Description which sets out additional Special Conditions related to that Product. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered into the system. Although We aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the situation exactly at the moment You place an Order. Should a Product ordered by Us appear to be contrary to the Product Description provided, Your sole remedy is to return the Product(s) under these Conditions. We cannot confirm the price and any other component of Product Description until Your Order is accepted in accordance with Our Order acceptance policy.
Shipping information & estimated delivery times
Products will usually ship the following business day after the day Your Order is accepted. However, in rare cases handling time can be up to 2 days. In case of Pre- Order, the shipping time shall be estimated when placing Your Order.
Estimated average delivery time shall be 7 - 21 working days.
Shipping and delivery times may vary depending on the Product, its availability, the country of delivery, carrier's terms and other possible practical factors. Please bear in mind that the stated shipping and delivery times are averages, but not guarantees. In case of holiday rushes, We reserve the right to add a few additional days to the shipping times.
Once You place an Order, You accept the terms and conditions of a selected carrier, for more information please see carrier's General Terms and Conditions available at http://www.posta.si/home or contact firstname.lastname@example.org.
In case of discrepancies between Conditions and carrier’s terms, these Conditions shall prevail. When delivery delay accrues, Your sole remedy shall be the right to cancel Your Order by sending Us e-mail on email@example.com. Should You decide to do so, You will be refunded within fourteen (14) days following the notice of cancellation.
Guarantee, termination of the Agreement and return policy
We have a 14 days “no quibble returns guarantee”. We hope You will be pleased with Your purchase. Should You wish to return anything bought from Us, We will be happy to refund or exchange a Product provided it is in fully resalable condition. Fully resalable condition shall mean that the Product is unused, in perfect condition and in its original undamaged packaging with all materials (manual etc.). We reserve the right to withhold the refund of payment until the Product/s is/are returned. You will be solely responsible for any costs related to the return of the Product back to us, the Product should be sent to: Loges d.o.o., Celovška 492, 1210 Ljubljana – Šentvid, Slovenia.
Please note that You are entitled to terminate this Agreement if You so wish, provided that You exercise Your right no later than fourteen (14) days after the day on which You received the Product or last of the ordered Products. You can terminate the Agreement by notifying Us via e-mail on firstname.lastname@example.org. You should state Your Order number and name/s and amount/s of the Product/s and return the Product/s within fourteen (14) days after placing notice of termination. The Agreement shall be considered terminated when the Product/s is/are returned. The return of goods shall be at Your risk. Your only cost upon termination within the deadline shall be the charges of returning the Product to Us. We will refund Your payment within fourteen (14) days following return of the Product. If You miss the deadlines, You lose the right to terminate the Agreement without reasonable cause. If You return the Product within the deadline for termination without cause, such return shall be deemed as termination of the Agreement.
You are fully responsible for any deterioration in or diminished value of the Product resulting from Your handling of the Product (weather by Your action or omission) other than what is necessary to establish the nature, characteristics and functioning of the Product.
If We find that the Product has not been returned to us in fully resalable condition, we reserve the right to refuse a refund on the Product, or deduct up to 20% of the original selling price from the refund amount. Where the returned Product was from a pack of bundled Products the Products will be refunded at 25% off its normal list price.
If Your return brings Your order total below the threshold for free or discounted delivery, You will be charged the full delivery cost for the remaining Products. We reserve the right to retain PayPal refunds where the refund is not through our fault.
Please note that Your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty:
- Goods made to Your specification
- PDF files as these cannot be returned
- Goods ordered especially for You from a third party supplier.
Please bear in mind that You can only use Your right according to this Section “Guarantee, termination of the Agreement and return policy” when the Product is not in any way damaged. In case of damages to the Product, Section “Damaged Products” and the rights stated therein shall apply.
Other than stated in this Section, we offer no other guarantees or post purchase assistance.
Products are presumed to be in conformity with the Agreement if they: (a) comply with the Product Description; (b) are fit for the purposes for which goods of the same type are normally used; (c) show the quality and performance which are normal in Products of the same type and which You can reasonably expect, given the nature of the Product and taking into account any public statements on the specific characteristics, particularly in advertising or on labeling.
We shall be liable for any lack of conformity which exists at the time when the Product was delivered to You. In the case of a lack of conformity, You must notify us immediately, but not later than within two (2) months after such finding, by e-mail on email@example.com. You should clearly state reasons for non-conformance, Your Order number, picture or the video of the Product if possible, and return the Product to Us only after Our confirmation. The address for product return is: Loges d.o.o., Celovška 492, 1210 Ljubljana – Šentvid, Slovenia. If the non-conformance was not caused by Your acts or omissions, We shall repair or replace the Product free of charge, unless this is impossible or disproportionate. You can either terminate the Agreement and We will refund the purchase price or We can mutually agree on a reduction in the price. You are not entitled to have the Agreement rescinded if the lack of conformity is minor.
The right in this Section will not be applicable if You (or any third party under Your control) have caused non conformity of the Product by Your actions or omissions or if non conformity has appeared after two (2) years from the delivery.
If You find a damaged Product please inspect the packaging to determine whether it was damaged in transit. If this is the case please e-mail us within 48 hours, it is important that You keep the packaging in which We sent it to You, and it is helpful if You can send us a photograph and/or video of the damage to the item and the packaging. Your rights shall be as stated in Section "Damaged products".
Other than stated in this Section, we offer no other guarantees or post purchase assistance.
If You refuse to pay any fees due, the Agreement shall be automatically deemed terminated by Us. If You elect to refuse to accept the package, we will exercise the option (where applicable) to cancel the shipment and terminate the Agreement.
If there are any costs associated with the return of the shipment to Us, it will be Your responsibility to pay these charges (that will include but not be limited to any duties and taxes owed, storage fees charged by the customs office where the shipment is being held, brokerage, shipping, handling and restocking fees etc.), except as otherwise provided in Section “Guarantee, termination of the Agreement and return policy”.
If Your claim is denied and You have a legal right according to Your local law to submit the dispute to local authorities (excluding courts), You may do so, otherwise the dispute shall be settled with alternative dispute resolution procedure by LAC (Arbitration Centre at the Chamber of Commerce and Industry of Slovenia) or by American Arbitration Association for US Customers.
For EU and other world countries customers
In the event of any controversy or claim arising out of or relating to this contract, or a breach thereof, the parties hereto agree first to try and settle the dispute by mediation, administered by the Arbitration Centre at the Chamber of Commerce and Industry of Slovenia (the “LAC”) and shall be finally settled under the Arbitration Rules of the LAC by a single arbitrator appointed in accordance with the said Rules. The arbitration shall be held at a location determined by the LAC pursuant to the LAC Rules and Procedures, or at such other location as may be mutually-agreed upon by Parties. The single arbitrator shall apply Slovenia law and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the LAC Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
For US customers
The Parties shall attempt to resolve any dispute between them informally before initiating arbitration proceeding. Any controversy or claim arising out of or relating to this Terms, or the breach thereof, shall be settled by consumer mediation administered by the American Arbitration Association (hereinafter referred to as AAS) under its mediation rules. If controversy or claim arising out of or relating to this Terms is not settled within 60 days of commencement of the mediation or within such further period as the parties may agree in writing, it shall be settled by arbitration administered by the AAS under its Arbitration Rules for the resolution of consumer-related disputes and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrators' decision shall be final and binding for both parties. The procedure shall be carried out in English language. The parties shall mutually agree on one arbitrator. Consumers are not prohibited from seeking relief in a small claims court for disputes or claims within the scope of its jurisdiction. All information regarding AAS and procedures are available on: http://www.adr.org
In connection with Your use of the Website You may provide us with suggestions, ideas, reviews, comments, and questions or other information and/or material regarding the Website (“Feedback”). After providing the Feedback to Us You continue to retain any Intellectual Property Rights to the Feedback that You may have and You grant us and our partners a worldwide, perpetual, irrevocable and royalty-free right and license to use, copy, amend, modify, translate, further develop and make derivative works of the Feedback. You acknowledge that You also give to us, without charge, the right to commercialize Your Feedback in any way and for any purpose. We have no liability for any loss or damage suffered by You as a result of the disclosure or use of such Feedback.
You agree not to provide Us with Feedback that is subject to a third party license that requires Us to license the Website or the material contained therein to third parties because We include Your Feedback in the Website. Further, We do not solicit or wish to receive any Feedback from You that is deemed confidential or proprietary, unless specifically so requested by Us. Any Feedback that You submit to Us will be deemed non-confidential or non-proprietary, unless We have specifically stated otherwise. We are not responsible for Feedbacks of third parties or any materials that are provided by You and/or third parties.