Terms and conditions
Overview
This website is run by tChermaja. In the entire site, the terms “we”, “us” and “our” refer to tChermaja. tChermaja presents this website, including all information, tools and services available from this site to you.
By visiting our site and / or purchasing something from us, you engage in our “Service” and agree to be abiding by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies mentioned here and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you disagree with all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can look over the most recent version of the Terms of Service at any moment on this page. We retain the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page from time to time for changes.
Our store is hosted on Shopify. They grant us the online e-commerce platform that allows us to sell our products and services to you.
Section 1: Online Store Terms
When agreeing to these Terms of Service, it is considered that you areat the age of majority in your state or province of residence. And you have given us permission to allow any of your minor dependents to use this site.
You are neither allowed to use our products for any illegal or unauthorized goals nor may you, in the use of the Service, breach any laws in your jurisdiction (including but not limited to copyright laws).
You cannot transfer any worms or viruses or any code of a devastating nature. You give your consent to not engage in any action to threaten the integrity of tChermaja’s computer systems or networks and/or gain unauthorized access to such computer systems or networks.
This site is open to be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not suggest that the tChermaja plans to make such products or services available in such countries.
A breach or violation of any of the Terms will lead to an instantaneous termination of your Services.
Section 2: General Conditions
We hold the right to decline service to anyone for any reason whatsoever at any moment.
You acknowledge that your information (not including credit card information), may be transmitted unencrypted and entail
(a) transmissions over various networks;
(b)changes to conform and accommodate to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without any written permission by us.
When you visit the site or send emails to us, you are communicating with us electronically and you agree to receive communications from us electronically. We will communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures, and other communications that we furnish to you electronically via email or by posting notices on the site complies with any legal requirement that such communications be in writing, including but not limited to, posting any amended and Terms of Service.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3: Accuracy, Completeness and Timeliness of Information
tChermaja strives to be as unerring as possible; However, we are not responsible if information made available on this site is not accurate, complete, or current. The content on this site is for general information only and should not be counted on or used as the only basis for making decisions without referring to any primary, more accurate, more complete or more timely sources of information. Any dependency on the content of this site is at your own risk.
Section 4: Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We retain the right at any time to alter or halt the Service without notice at any time.
We shall not be accountable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5: Products or Services (If Applicable)
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 have made every effort to exhibit as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not compelled to restrict the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, solely at our discretion. We reserve the right to terminate the supply of any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other material bought or obtained by you will meet your expectations, or that any inaccuracy in the Service will be corrected.
Section 6: Accuracy of Billing and Account Information
We retain the right to reject any order you place with us. Based on our sole discretion, we may limit or cancel quantities purchased per person, per household or per 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.
When we make a change to or cancel an order, we may try to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
We withhold the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You comply to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to readily update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as required.
You are accountable for maintaining the confidentiality of your account information and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
For more detail, please review our Returns Policy, which is included as if fully set forth herein by reference.
Section 7: Optional Tools
We may give you access to third-party tools over which we may neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We are not accountable for whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools provided through the site is entirely at your own risk and judgment and you should make sure that you are familiar with and accept the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8: Third-party Links
Certain content, products and services available via our Service may include contents from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not liable for examining or evaluating the content or accuracy and we do not guarantee and will be not accountable for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not responsible for any harm or damages regarding the purchase or use of goods, services, resources, content, or any other transactions with respect to any third-party websites. Please carefully evaluate the third-party's policies and practices and make sure you understand them before you go ahead with any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9: User Comments, Feedback and Other Submissions
If at our plea, 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 grant tChermaja and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content, or materials you send to the site for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. You further grant permission 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 onus
(1) to maintain any comments in confidence;
(2) to recompense for any comments;
(3) to answer any comments.
You further acknowledge and guarantee that you yourself or otherwise control all of the rights to the content that you send to us; that the content is correct; that use of the content you furnish does not breach the Terms of Service and will not cause a disservice to any person or entity; and that you will compensate tChermaja, its related entities and its affiliates for all claims resulting from content you supply.
We may, but have no responsibility to, monitor, edit or remove content that we determine in our sole judgment are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not contravene any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further accept that your comments will not contain defamatory 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 cannot use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are completely accountable 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.
You further acknowledge that you are furnished only with a nonexclusive, non-transferable, revocable limited right and license to access the site and agree not to download (other than page caching) or modify the site in any manner. This license does not include any rights of resale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of tChermaja or its affiliates without its or their respective expressed written consent. You may not use any metatags or any other “hidden text” utilizing tChermaja or its affiliates’ name or trade names, trademarks, or service marks without the express, written consent of tChermaja. Any unauthorized use suspends the permission or license granted by tChermaja.
Section 10: Personal Information
Your submission of personal information through the store is controlled by our Privacy Policy. Click here to view our Privacy Policy.
Section 11: Errors, Inaccuracies and Omissions
Once in a while, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We retain the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is incorrect at any time without prior notice (including after you have submitted your order).
We take no onus to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to suggest that all information in the Service or on any related website has been altered or updated.
Section 12: Intellectual Property
All information provided on the site, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, and collection of all material on the site, is the property of tChermaja, its affiliates, or its content suppliers, and is protected by the United States and international copyright laws. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the site.
tChermaja or one of its affiliates is also the owner of the following registered trademarks in the United States or other countries:
tChermaja
tChermaja or one of its affiliates is also the owner of the unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this site.
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of tChermaja or its affiliates may not be used with respect to any business, product, or service whose source is not tChermaja or one of its affiliates, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that denigrates or discredits tChermaja or any of its affiliates. All other trademarks, service marks, trade names, and logos not owned by tChermaja or its affiliates that appear on the site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by tChermaja or its affiliates. Nothing contained on the site should be interpreted as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of tChermaja or its affiliates displayed or contained in the site without the express, written consent of tChermaja or its affiliates.
Intellectual property right holders agree to compensate and hold tChermaja harmless from all claims, causes of action, damages and judgments due to any removal of product listings pursuant to intellectual property infringement claims.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.
Section 13: Prohibited Uses
In addition to other prohibitions as set listed 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 unlawful acts; (c) to contravene 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 transfer 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 withhold the right to suspend your use of the Service or any related website for breaching any of the prohibited uses.
Section 14: Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indeterminate periods of time or cancel the service at any time, without notice to you.
You expressly accept that your use of, or inability to use, the service is at your own 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.
In no case shall tChermaja, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be accountable 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 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 jurisdictions, our liability shall be limited to the maximum extent permitted by law.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TCHERMAJA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TCHERMAJA DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM TCHERMAJA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TCHERMAJA WILL NOT BE ACCOUNTABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Section 15: Indemnification
You agree to reimburse, defend and hold harmless tChermaja 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 contravention 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.
Section 16: Severability
In the event that any provision of these Terms of Service is ascertained to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 17: Termination
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 informing us that you no longer wish to use our Services, or when you stop using our site.
If in our sole discretion 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 accountable 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).
Section 18: Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not include 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 includes 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 interpreted against the drafting party.
Section 19: Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and interpreted in accordance with the laws of the State of California, without giving effect to principles of choice of law of such state, and any disputes here under shall be decided in federal or state courts within Orange County, California. The prevailing Party upon any such claim or controversy shall be awarded all costs and expenses incurred in connection therewith (including, without limitation, reasonable attorneys’ fees, court costs, and administrative fees).
Section 20: Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We retain the right, at our sole judgment, 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.
Section 21: Contact Information
Questions about the Terms of Service should be sent to us at help@tChermaja.com.