General Terms and Conditions for Online Sales
Tomi Llama, LLC
TomiLlama.com
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU CLICK THE “Purchase” BUTTON.
I. Subject and scope
These General Terms and Conditions for online Sales (hereinafter referred to as “General Terms”) apply to all purchase orders you (referred to also as “customer” or “purchaser”) place on the Tomi Llama online store located at www.TomiLlama.com (hereinafter referred to as “Website”) and your subsequent agreement with Tomi Llama, LLC, 1808 Huntington Road, Greensboro, North Carolina, 27408 (hereinafter referred to as “Tomi Llama” or “we” or “us”) regarding your purchase of Tomi Llama books, value cards, worksheets, courses and course materials, updates or upgrades (collectively referred to as “Items”).
In addition to these General Terms, the Tomi Llama Items Terms of Use set forth below shall apply to books, value cards, worksheets, courses and course materials you may purchase.
These General Terms shall apply exclusively. We do not accept any conflicting terms and conditions, unless this has been agreed in the individual case with a legal representative of Tomi Llama in writing. Our General Terms shall apply to deliveries even in the event that the conflicting terms have not been contradicted by Tomi Llama.
These General Terms apply equally to commercial entities and consumers.
II. Order process and conclusion of purchase agreement
(1) The product presentation on our Website does not represent an offer but shall be understood as a non-binding invitation for the customer to submit an order.
(2) By clicking the “Checkout” button, you send us a binding offer for the conclusion of a purchase agreement with Tomi Llama regarding the Items in your shopping cart (hereinafter referred to as “Order”).
(3) Tomi Llama may, at its discretion, accept or reject the Order. Tomi Llama will accept your Order by sending an order confirmation or simply by delivering the ordered Items to you. Unless otherwise stated, the effective date of the purchase agreement is the date on which Tomi Llama confirms by email the acceptance of your Order.
(4) If you place an Order through our Website, the ordering process comprises these steps:
You select the desired Items and they show up in your cart. When you are ready to check out, click on the cart icon.
You check all Items in your shopping cart and apply any necessary changes.
Click the “Check out” button to proceed to payment.
In the “Email Section” enter your email address for Order notifications.
In the “Payment” Section provide payment information (processed by a third party – we don’t have access to this information nor do we store it).
Finally, in the “Review & Purchase” section provide the opportunity to review the purchase details and check your purchase data. It is also your opportunity to review The Tomi Llama Policies for Returns, Terms of Service, and Privacy.
By clicking “Purchase”, your Order becomes binding and you accept our policies.
(5) With our order confirmation and/or delivery, we will send you a copy of the corresponding Order, including the corresponding invoice, to your email address.
III. Prices, delivery costs, taxes and duties, refunds
All prices quoted on our Website are in US dollars, excluding taxes or charges that may apply to the Order.
No delivery costs will be charged for the delivery of digital items.
Any additional taxes, duties, fees, imposts, tariffs and charges that may be applied by particular jurisdictions, countries or authorities related to the execution or fulfillment of your Order shall be borne by you. In the event Tomi Llama is required to pay such charges to any authority, you shall indemnify and hold harmless Tomi Llama for any such payments.
In the event of obvious errors on the Website or made in connection with your Order, Tomi Llama reserves the right to correct the error and charge you the correct price. In such a situation, we will contact you and offer you the option of purchasing the Items at the correct price or cancelling your Order.
A Purchaser may receive a refund or be allowed an exchange for physical products ordered and shipped from Tomi Llama and returned in unopened, unused condition within twenty days at the Purchaser’s expense. With respect to Items delivered by internet download, Tomi Llama does not generally offer refunds and any refund request made after you have downloaded Items shall be handled on a case by case basis and issued at our sole discretion and without any obligation. Refund requests, if any, must be made within twenty days of purchase.
IV. Payment conditions
You can select one of the payments methods described on the Website. Tomi Llama reserves the right to exclude or include particular payment methods at any time.
In case of payment by credit card or PayPal, Stripe, Venmo or other like payment method, your payment will be executed by our payment service provider using their secure infrastructure. That service provider reserves the right to decline the processing of payments in cases of suspected fraud or other irregularity.
V. Delivery
Tomi Llama will send the delivery email to the address indicated in your Order. The delivery contains the download link, the product license key(s), if applicable, and the invoice.
Tomi Llama shall deliver the Items without delay upon confirmation of your successful payment of the purchase price. Time for delivery shall be extended for reasonable periods in case of force majeure or other events for which Tomi Llama is not responsible, such as disruptions in operations, strikes, acts of public authorities, or troubles with telecommunications. Time is not of the essence with respect to any Orders.
The Items shall remain the property of Tomi Llama until the Order has been paid in full, the earlier passing of the risk notwithstanding.
(4) Deliveries are made at the risk of the purchaser who is responsible for downloading Items from
the website and activating with license key (as applicable). Unless specified otherwise, links for digital products are valid for a period of 24 hours from date of delivery. The Items may be subject to customs and export control laws and regulations. You are obliged to comply with the regulations and obligations resulting from these export control laws. Tomi Llama shall not be liable for any and all limitations with regard to the delivery of the Items resulting from such regulations and reserves the right to withdraw from the purchase agreement based on these grounds.
VI. Use of personal information
To register on the Website, you need to specify a login name and a password. Tomi Llama further needs your contact information for issuing the invoice. You are responsible for keeping this information correct, confidential, and up to date.
By completing the contact form, you ensure and take full responsibility that the entered data truly identifies you as a natural person or as a representative of the specified organization. If you place an Order on behalf of an organization, you ensure that you have the authority to do so.
Tomi Llama is not liable for any consequences that may result from incorrect, incomplete, or false information you have entered or from data you have changed subsequently to your Order.
Online payment information related to your Order is processed by Tomi Llama’s payment service provider Square Space. Tomi Llama does not receive detailed information (such as your credit card number) from transactions but instead receives information about whether the payment has been performed successfully or not.
By placing your Order, you agree that your contact and payment information may be used to process your payment and to execute your Order.
VII. Data protection
(1) Tomi Llama shall take all reasonable measures to keep your personal information confidential and secure.
Tomi Llama will disclose your personal information to third parties only to the extent necessary to process your payment, to enforce and fulfill the purchase agreement, to comply with legal and administrative obligations, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to the use of the Items.
Tomi Llama shall have access to your name, address, telephone number and email and may use it for obtaining feedback, making further direct contacts and marketing of Tomi Llama products, but Tomi Llama will not disclose your personal information to any third parties for marketing and advertising purposes without your prior consent.
VIII. Warranty and Liability
(1) Tomi Llama represents and warrants that its Items shall be provided by qualified personnel in a
professional manner. EXCEPT FOR THE FOREGOING, ALL ITEMS ARE PROVIDED BY TOMI LLAMA AS IS AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTUCLAR PURPOSE. TOMI LLAMA DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE ITEMS WILL BE UNINTERRUPTED OR ERROR FREE. FOR THE BREACH OF ANY WARRANTY OR FAILURE IN THE DELIVERY OR USE OF AN ITEM (a “DEFECT”), TOMI LLAMA’S ENTIRE LIABILITY AND THE PURCHASER’S EXCLUSIVE REMEDY WILL BE AT TOMI LLAMA’S OPTION PROVISON OF A REPLACING ITEM OR A REFUND OF THE AMOUNT PAID FOR THE DEFECTIVE ITEM.
(2) THE TOTAL CUMULATIVE LIABILITY OF TOMI LLAMA ARISING HEREUNDER WHETHER IN CONTRACT,
TORT OR OTHERWISE SHALL NOT EXCEED THE AMOUNT PAID TO TOMI LLAMA BY THE
PURCHASER HEREUNDER IN THE ONE YEAR PERIOD PRIOR TO THE CLAIM. TOMI LLAMA SHALL NOT
BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS AND/OR BUSINESS INTERRUPTION,
WHETHER FORESEEABLE OR NOT AND WHETHER ARISING IN CONTRACT, TORT OR NEGLIGENCE
EVEN IF A REPRESENTATIVE OF TOMI LLAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
IX. Terms of Use
(1) Restriction on Use of Books, Values Cards and Course Materials (“Materials”). All text, editorial,
content, images, graphics, logos, illustrations, photos and other components of any Materials offered on the Tomi Llama website, and including any design, layout, look and feel and other graphical elements, and all copyrights, patents, trademarks, service marks, trade names and other intellectual property in the Materials are and shall remain the sole and exclusive property of Tomi Llama or its third party suppliers and licensors. Except as permitted in Section IX (2), you may not view, reproduce, publish, transmit, modify, create derivative works from, display or otherwise use the Materials in any manner.
(2) Permitted Use of Materials. Tomi Llama grants you a revocable, limited, non-transferable, non-
exclusive license to view and read the Materials you have ordered using your valid Tomi Llama user name and password and only for your personal, non-commercial use and provided however you keep intact and not modify or remove any copyright or other proprietary notices on any copy you make or receive. You are not permitted to sell, lease, license, rent, transfer or in any manner distribute or permit others to use the Materials or any copes thereof. If you violate the General Terms and Conditions or these Terms of Use, this license automatically terminates and you will not be entitled to any refund.
(3) Materials are not intended to and do not constitute professional advice of any kind. Although
Tomi Llama uses reasonable efforts collecting, preparing and providing Materials, Tomi Llama does not guarantee completeness, accuracy or timeliness of any Materials. YOUR USE OF ANY MATERIALS, INFORMATION, PRODUCT OR SERVICES OFFERED IN OR THROUGH THE TOMI LLAMA WEBSITE (INCLUDING WITHOUT LIMITATION ANY DOWNLOADS FROM THE WEBSITE) ARE AT YOUR OWN RISK.
(X) Miscellaneous
Tomi Llama may assign, transfer or otherwise delegate its rights and obligations under the purchase agreement with you, in whole or in part, at any time. You may not assign the purchase agreement or transfer any rights hereunder without Tomi Llama’s prior written consent.
If any part of these General Terms is or becomes legally invalid or ineffective, the validity of the other provisions shall not be affected thereby. In this case, the invalid or ineffective provision shall be replaced by a provision which comes as close as possible to the economic purpose of the invalid or ineffective provision.
Tomi Llama reserves the right to amend these General Terms upon prior written notification. Changes shall apply to your existing purchase agreements provided that Tomi Llama has informed you about the intended changes in writing.
These General Terms and the Terms of Use constitute the entire agreement between you and Tomi Llama regarding any Items purchased and supersede all previous agreements that may have been made.
Neither this purchase agreement nor any order form may be amended or modified except in a writing signed by Tomi Llama, which writing makes specific reference to the purchase agreement or the applicable order form.
The delay or failure of either party to exercise any rights under this purchase agreement shall not constitute or be deemed a waiver of such rights. No waiver shall be valid unless in writing and signed by an authorized representative of the party against whom such waiver is sought to be enforced.
The validity, interpretation and enforcement of this purchase agreement shall be governed by and construed in accordance with laws of the state of North Carolina without giving effect to its conflicts of laws provisions. All disputes arising out or related to this purchase agreement or the provision and use of any Items or Materials ordered from or provided by Tomi Llama will be submitted to the exclusive jurisdiction of the state or federal courts of competent jurisdiction located in Guilford County, North Carolina, or the Middle District of North Carolina and each party irrevocably consents to such jurisdiction and waives all objections to venue.
This purchase agreement may be executed in separate but identical copies and each counterpart shall be deemed to be an original, with all counterpart copies constituting one and the same binding Agreement. The parties agree that this purchase agreement may be signed by facsimile, e-mail, electronically or digitally or entered into by clicking the Buy Now button as described in Section II above and any of such methods shall have the same force and effect as an original signature thereon.
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