"Global Retail for General Merchandise with Worldwide Shipping."
Terms and Conditions
These terms and conditions (these “Terms”) govern your use of any website or mobile application owned or operated by Time of Shop, its subsidiaries and affiliates, including Time of Shop websites around the world (collectively, the “Site”) where these Terms appear or are linked. These Terms are subject to change by Tim
Terms and Conditions
These terms and conditions (these “Terms”) govern your use of any website or mobile application owned or operated by Time of Shop, its subsidiaries and affiliates, including Time of Shop websites around the world (collectively, the “Site”) where these Terms appear or are linked. These Terms are subject to change by Time of Shop, in its sole discretion, at any time, without prior written notice. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. Therefore, you should review these Terms prior to using the Site.
Additional terms and conditions may apply to some products or services offered by Time of Shop and to the use of the Site and to specific portions or features on the Site, including, but not limited to, promotional offers, contests, or other similar features (“Additional Terms”) all of which terms are made a part of these Terms by this reference. The Additional Terms will control to the extent of any inconsistency between the Additional Terms and these Terms.
You should also carefully review our Privacy Policy before using the Site as it also govern your use of the Site and our services.
Please read these Terms carefully before using the Site. If at any time you do not agree with any of these Terms, you must immediately stop using the Site.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “GOVERNING LAW AND JURISDICTION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND TiME OF SHOP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
1. Use of the Site
When you use the Site or our services, you agree to use the Site and our services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. In addition, you agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences, (including any loss or damage which Time of Shop may suffer) of any such breach. As a condition of your use of the Site and our services, you warrant to Time of Shop that you will not use the Site or our services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, you agree not to:
Time of Shop reserves the right to refuse service, in its sole discretion, at any time, for any lawful reason, without notice. Time of Shop reserves the right to withdraw or amend the Site, and any service or material we provide on the Site, in its sole discretion, at any time, for any reason, without notice. TiME OF SHOP WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO SOME PARTS OF THE SITE, OR THE SITE ENTIRELY, TO USERS, INCLUDING REGISTERED USERS.
2. Posting content on the Site
2.1. Posting content on the Site
You may post content on the Site, including, but not limited to, testimonial, feedback, reviews, and blogs. If you post content on the Site, you agree to comply with our Privacy Policy, and these Terms. You acknowledge and agree that you are solely responsible for all content and the accuracy of all content you make available in connection with the Site. You represent and warrant that:
2.2. Right to use content
Unless we indicate otherwise, you grant Time of Shop an irrevocable, perpetual, sublicensable, transferable, non-exclusive, and royalty-free worldwide right and license to use, copy, modify, adapt, publish, transmit, perform, and create derivative works, incorporate and imbed into other works, and distribute, and display such content throughout the world in any medium or form now existing or later created. You also agree to the following:
2.3. Right to monitor content
Time of Shop has the right, but not the obligation, in its sole discretion, at any time, for any reason, to monitor, analyze, edit, move, remove, or refuse to make available any content made available through the Site. Time of Shop takes no responsibility and assumes no liability for any content you post, upload, or otherwise make available through your use of the Site. You are solely responsible for any content you post, upload, or otherwise make available through your use of the Site.
2.4. Restrictions on content
Time of Shop may, in its sole discretion, at any time, remove or deny content for any reason, including, but not limited to, when the content contains any of the following:
2.5. Prohibited content
You are prohibited from posting content on the Site that is:
3. Placing an order
3.1.1 Orders
Your order is an offer to Time of Shop to buy the product(s) and services listed in your order along with a sales order number. When you place an order to purchase a product and/or service from Time of Shop we will send you an email confirming receipt of your order and containing the details of your order (the “Order Confirmation”). Your receipt of the Order Confirmation only confirms that we have received your order; it does not constitute Time of Shop acceptance of your order or Time of Shop confirmation of our offer to sell. An order is not binding upon Time of Shop until it is accepted; Time of Shop must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Once payment is received and an order is accepted, Time of Shop will issue an invoice to you and a contract will come into existence between you and us. Time of Shop may, in its sole discretion, at any time after receiving your order, accept or decline your order for any reason. In addition, Time of Shop may, in its sole discretion, cancel your order and limit order quantity. Where your order is declined, cancelled or limited, we will inform you of this by appropriate means and you will not be charged. If however, your order is limited or canceled after your credit card has been charged for the purchase, Time of Shop will issue a credit to your credit card account in the amount of the charge.
We may process payment for and ship parts of your order separately.
MARKETPLACE ORDERS
Marketplace: For an order for an item that is listed on the Site as “Sold and Shipped by” a third-party seller through Time of Shop Marketplace platform (“Marketplace Seller”) and not “Sold and Shipped by Time of Shop” (“Marketplace Item”), Time of Shop is the seller of record and the order processing is as set out at section “3.1.1. Orders” above and the contract is formed between you and Time of Shop.
However, although Time of Shop is the seller or record, the Marketplace Seller and not Time of Shop is solely responsible for fulfilling and delivering the order to you and bears all liability and risks associated with, or related to, any item that is sold and shipped by that Marketplace Seller that is purchased by a customer through the Site. When you place an order for a Marketplace Item, we will provide the Marketplace Seller with the information necessary to process and fulfill the order, in accordance with the terms of Time of Shop Privacy Policy. Please note that Marketplace Sellers may have policies that differ from Time of Shop policies; therefore, for orders for Marketplace Items, please review the applicable Marketplace Seller’s policies for any other terms and conditions that may apply to your order for such items. The Marketplace Seller’s posted policies will control to the extent of any inconsistency between Time of Shop policies and the Marketplace Seller’s posted policies.
3.1.2. Pre-orders
Click the Pre-order button in the item description and checkout as you normally would. A sales order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your pre-ordered item is in stock and ready to ship. If you purchase an in-stock item with a pre-order item, you will be charged accordingly for the available product and the difference when your pre-ordered item is in stock and ready for shipment. In this instance, two sales order numbers will be issued; one for the in-stock merchandise and one for the pre-ordered merchandise. You will be kept up-to-date via the Site and through standard Order Status emails to your account.
3.1.3. Backorders
We will sometimes allow you to backorder an item that is out of stock. However, these items will be clearly marked with a Backorder button. Click the Backorder button in the item description and checkout as you normally would. A sales order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your backordered item is in stock and ready to ship. If you purchase an in-stock item with a backorder item, you will be charged accordingly for the available product and the difference when your backordered item is in stock and ready for shipment. In this instance, two sales order numbers will be issued; one for the in-stock merchandise and one for the backordered merchandise. You will be kept up-to-date via the Site and through standard Order Status emails to your account.
Marketplace: Backordering is not currently available for Marketplace Items.
3.1.4. Payment
In order to place an order with Time of Shop, you must provide us with your name, shipping address, billing address, telephone number, and payment information, such as your credit card number, billing address, credit card expiration date, and credit card security code. You represent and warrant to Time of Shop that the payment method information you provide to Time of Shop is accurate and complete; and you are authorized to use such PAYPAL payment method for the purchase.
Terms of payment are within our sole discretion and we must receive payment before our acceptance
3.1.5. Shipping
Your total cost for the purchase of any product will include the shipping and handling charges shown on your Time of Shop invoice. Your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund to Time of Shop.
To learn more about shipping for U.S. customers, please review our U.S. Shipping Policy. The Domestic Shipping Policy is incorporated into these Terms in its entirety.
3.1.6. Risk of Loss and passing of Title
Time of Shop will arrange for shipment of ordered product(s) to you, Free Carrier (F.C.A.) risk of loss passes to you upon delivery to the carrier. Title to the product(s) – excepting software – will also pass to you upon delivery to the carrier. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. Time of Shop will advise you of estimated shipping dates, but Time of Shop will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
3.1.7. Tax exemption
If you are a tax-exempt organization or reseller, you can apply for tax exemption on your Time of Shop orders.
3.1.8. Customs, duties & taxes
When ordering products from Time of Shop for delivery from outside of your jurisdiction, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Contact your local customs office for further information. Additionally, please note that when ordering from Time of Shop, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
3.2.1. Order processing
3.2.2. Order status
Time of Shop will keep you informed of your order status via email. All tracking information will be emailed to your Time of Shop ID once your order has shipped (except when an APO/FPO/DPO is the shipping destination).
3.2.3. Order processing
Once you have placed your order, you can expect your order to be processed within approximately 1-2 business days, provided the items are in stock and there are no problems with payment verification. Time of Shop does not guarantee same day-shipping. We do not process orders on Saturdays or U.S. holidays.
3.3. Canceling orders
You may cancel your order for a product at no cost any time before the order has been processed and shipped, provided Time of Shop has sufficient time to cancel the order.
Nothing in this section limits your rights to cancel your order under any law.
3.4. Returns
To learn about returns, please review our Return Policy. The Return Policy is incorporated into these Terms in its entirety. Nothing in the Return Policy limits your rights and remedies under any law.
3.4.1. Time of Shop Marketplace Guarantee
When you purchase a Marketplace Item, we want you to be confident that you will receive the type of customer service you’ve come to expect from Time of Shop. With that in mind, we offer the Time of Shop Marketplace Guarantee for purchases of Marketplace Items. With the Time of Shop Marketplace Guarantee, if you meet certain requirements, you may be eligible for reimbursement of the purchase price for most Marketplace Items, up to $1,000.
Please click here for more information about the Time of Shop Marketplace Guarantee. The Time of Shop Marketplace Guarantee is incorporated into these Terms in its entirety.
3.5. Time of Shop Price Match Guarantee
Time of Shop offers our Price Match Guarantee for select items. If you purchase an item from Time of Shop which is carrying the Price Match Guarantee badge at the time of purchase, then find the exact same item at a lower price by Time of Shop or a major retailer, within 14 calendar days, just let us know, and we’ll send you a Time of Shop Customer Care Card to cover the difference.
To learn about Time of Shop Price Match Guarantee, please click here. The Price Match Guarantee is incorporated into these Terms in its entirety.
4. Products
4.1 Products
Unless expressly indicated otherwise, Time of Shop is not the manufacturer of the products sold on the Site. Actual product packaging and materials may contain more and different information to that displayed on the Site. Ingredients may also change. All information about the products on the Site is provided for information purposes only, and TiME OF SHOP MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE SITE’S ACCURACY. We recommend that you do not rely solely on the information presented on the Site. Please always read labels, warnings and directions provided with the product before use.
For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on the Site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition.
TO THE FULLEST EXTENT PERMITTED BY LAW, TiME OF SHOP ACCEPTS NO LIABILITY AND RESPONSIBILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS BY MANUFACTURERS OR OTHER THIRD PARTIES.
Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.
4.2. Product testing
Time of Shop, like other e-retailers, ships items in the condition they were received from the original manufacturer/distributor. Time of Shop does not conduct product testing before shipping any merchandise.
Marketplace: Marketplace Sellers may or may not conduct product testing. Check the Marketplace Seller’s Policy Page for information on the product testing practices of individual Marketplace Sellers.
4.3. Technical support
Time of Shop does not offer any sort of technical assistance. We cannot offer advice on compatibility of items, make product recommendations, or provide technical support or sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at Time of Shop.
Marketplace: If you need technical support fora Marketplace Item, please direct your requests for technical assistance to the applicable Marketplace Seller. However, please be aware that certain Marketplace Sellers may not offer technical assistance. Check the Marketplace Seller’s Policy Page of the individual Marketplace Seller for details.
5. Content on the Site
5.1. Intellectual property
All content included on the Site, such as text, graphics, logos, images, videos, digital downloads, data, software, any other material, and the design selection and arrangement thereof is owned or licensed property of Time of Shop, its suppliers, licensors, or other providers of such material and is protected United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Time of Shop and its suppliers and licensors expressly reserve all intellectual property rights in all content.
These Terms permit you to use the Site for your personal, non-commercial use only.
The Time of Shop name, logos, service names, designs, and slogans are trademarks of Time of Shop. You must not use such marks without the prior written permission of Time of Shop. All other names, logos, product and service names, designs and slogans 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 Time of Shop.
5.2. Pricing and availability
All prices are displayed in the currency of the jurisdiction of the country you have selected when accessing the Site.
All pricing is subject to change without notice, and Time of Shop reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes and other extenuating circumstances.
On rare occasions, an item in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. IF WE HAVE MADE A MISTAKE AND A PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE ON THE SITE, WE MAY EITHER CONTACT YOU BEFORE SHIPPING TO ASK WHETHER YOU WANT TO BUY THE PRODUCT AT THE CORRECT PRICE OR CANCEL YOUR ORDER. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
Time of Shop may limit the number of products available for purchase. Time of Shop may, in its sole discretion, at any time, for any reason, change the quantities available for purchase.
We list availability information for products sold by us on the Site, including on each product information page. Beyond what we say on that page or otherwise on the Site, we cannot be more specific about availability. As we process your order, we will inform you by email as soon as possible, if any products you order turns out to be unavailable. Time of Shop shall at its sole discretion, at any time, have the right to refuse or cancel any order for a product that is unavailable. If such order is canceled after your credit card has been charged for the purchase, Time of Shop will issue a credit to your credit card account in the amount of the charge.
5.3. Product listings
Prices and availability of products are subject to change without notice. Any changes to Time of Shop controlled prices, specifications and terms will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. Time of Shop strives for accuracy in all item descriptions, photographs images, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on the Site. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. Time of Shop reserves the right at any time and without notice to update product information and to correct and/or remove product-related errors, inaccuracies, or omissions. To the fullest extent permitted by law, Time of Shop shall at its sole discretion have the right at any time to refuse and/or cancel any order for a product whose listing on the Site contained erroneous information, including but not limited to incorrect pricing. If such order is canceled after your credit card has been charged for the purchase, Time of Shop will issue a credit to your credit card account in the amount of the charge. Additionally, all hyperlinks to other websites from Time of Shop are provided as resources to customers looking for additional information and/or professional opinion. Time of Shop does not assume responsibility for the claims and/or representations made on these or any other websites.
Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.
5.4. Product revisions
TiME OF SHOP IS NOT RESPONSIBLE FOR CHANGES OR VARIATIONS IN PRODUCT SPECIFICATIONS AND/OR PHYSICAL APPEARANCE. In the interest of our customers, Time of Shop puts forth commercially reasonable efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on the Site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. Time of Shop relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so.
CONSEQUENTLY, TiME OF SHOP WILL NOT BE HELD RESPONSIBLE FOR PRODUCT REVISION CHANGES.
5.5. Links
All links to other websites from Time of Shop are provided as resources to customers looking for additional information and/or professional opinion. To the fullest extent permitted by law, Time of Shop does not assume responsibility for the claims and/or representations made on these or any other websites. IF YOU ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE POLICIES AND TERMS AND CONDITIONS FOR SUCH WEBSITES.
5.6. Product Tour
The product resources offered in Product Tour are provided courtesy of their respective developers. As such, to the fullest extent permitted by law, Time of Shop is not responsible in any way for the accuracy of claims, representations or suggestions made in these materials. Similarly, all compatibility or technical issues should be directed to the appropriate developer or manufacturer. THESE RESOURCES ARE PROVIDED ON AN “AS IS” BASIS BY TiME OF SHOP AS A SUPPLEMENTARY SERVICE TO YOU, THE USER. We offer these resources to you strictly for informative purposes as they may lend insight into products you are interested in and clarify any associated benefits.
6.Reporting claims of infringement of intellectual property rights
6.1. Notices of copyright infringement
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Time of Shop infringe your copyright, you may request removal of those materials (or access to them) from Time of Shop by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on Time of Shop is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-notification procedures
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
6.2. Notices of trademark Infringement
In order to remove trademarks, service marks, and/or trade dress infringing content, please send a notice of trademark infringement containing the following information to Time of Shop:
6.3. Notices of Infringement of other intellectual property rights
In order to remove infringing content, please send a notice of infringement containing the following information to Time of Shop:
6.4. Repeat infringers
Time of Shop takes the protection of intellectual property rights very seriously. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
7. Incorporated policies
The following policies and terms and conditions have been incorporated into these Terms:
8. General terms
8.1. Warranties; All product sold “AS-IS” or “With All Faults”
TiME OF SHOP IS A RETAİL STORE ONLY. PRODUCTS SOLD BY TiME OF SHOP ARE NOT MANUFACTURED BY TiME OF SHOP. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER’S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). THESE WARRANTIES, SERVICES, AND SUPPORT POLICIES ARE PROVIDED BY THIRD-PARTY COMPANIES AND HAVE THEIR OWN SET OF TERMS AND CONDITIONS. TiME OF SHOP SHALL NOT BE RESPONSIBLE FOR ANY TERM, GUARANTEE, REPRESENTATION, OR WARRANTY GIVEN BY SUCH MANUFACTURER. TiME OF SHOP ASSIGNS AND PASSES THROUGH TO YOU ANY WARRANTY OF THE MANUFACTURER, AND YOU ACKNOWLEDGE THAT YOU SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS.
TiME OF SHOP MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ITEMS SOLD THROUGH TIME OF SHOP ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR TiME OF SHOP, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
EXCEPT FOR THOSE WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS THAT MAY NOT BE LEGALLY EXCLUDED, TiME OF SHOP DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS, AS TO ANY SUCH PRODUCT, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY NON-EXCLUDABLE RIGHT OR REMEDY YOU HAVE UNDER ANY LAW. ANY DISCLAIMER, EXCLUSION, OR LIMITATION AS PROVIDED FOR IN THESE TERMS APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO ANY NON-EXCLUDABLE RIGHT OR REMEDY.
8.2. Liability; Exclusions
NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY APPLICABLE LAW.
SUBJECT TO THE PRECEDING PARAGRAPH, TiME OF SHOP SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS FOR: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF ANTICIPATED SAVINGS; LOSS, DESTRUCTION OR CORRUPTION OF DATA; LOSS OF CONTRACT OR BUSINESS OPPORTUNITY; LOSS OF GOODWILL; MALFUNCTION; DELAYS; INTERRUPTION OF SERVICES; THIRD-PARTY CLAIMS FOR DAMAGES AGAINST YOU; OR INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER OR NOT REASONABLY FORESEEABLE, REASONABLY CONTEMPLATABLE, OR ACTUALLY FORESEEN OR ACTUALLY CONTEMPLATED, BY TiME OF SHOP AT THE TIME OF ENTERING INTO THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 13.6, IN ALL CIRCUMSTANCES TiME OF SHOP MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD TO WHICH YOUR CLAIM RELATES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF NEW JERSEY, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of this section do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Time of Shop reserves all rights, defenses and permissible limitations under the law of your State of residence.
8.3. Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms or the sales transactions between you and Time of Shop be governed by the laws of the State of New Jersey, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of these Terms shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and Time of Shop agree that any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Site including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Terms, shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in or, at the option of the New Jersey party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules and such arbitrator shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
You may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Time of Shop. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. The Notice must be mailed to Time of Shop at 659 Anderson Ave. Apt 1 Cliffside Park, New Jersey 07010 to the attention of Time of Shop Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms, or any previous or future arbitration agreements that you have entered into with Time of Shop.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND TiME OF SHOP, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND TiME OF SHOP EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Time of Shop that is more than one year after the date of the applicable invoice.
Time of Shop is not authorized to do business in every jurisdiction. Information published on the Site may contain references or cross-references to goods or services that are not available in your state or country.
8.4. Waiver
The failure of either party to require performance by the other party of any provision of these Terms shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
8.5. Severability
If any provision contained in these Terms is or becomes invalid, illegal, or for any reason unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New Jersey law.
8.6. Third Party Rights
These Terms are between you and us. No other person shall have any rights to enforce any of its terms with the exception of manufacturers and Marketplace Sellers referred to in the Terms – such manufacturers and Marketplace Sellers will only have right to enforce any terms against you (and not against Time of Shop including any limitation or exclusion of liability in favor of Time of Shop under these Terms.
Notwithstanding the preceding paragraph of this section 9.6, neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
8.7. Entire Agreement
These Terms, together with Time of Shop invoice regarding the products and/or services ordered by you, constitute the entire agreement between Time of Shop and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Time of Shop and you relating to the subject matter of any contract to the fullest extent permitted by law. These Terms may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
Privacy Policy
Protecting your private information is our priority. This Statement of Privacy applies to www.timeofshop.com and TiME OF SHOP Retail Services “Limited Liability Company “and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to TiME OF SHOP Retail Services “Limi
Privacy Policy
Protecting your private information is our priority. This Statement of Privacy applies to www.timeofshop.com and TiME OF SHOP Retail Services “Limited Liability Company “and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to TiME OF SHOP Retail Services “Limited Liability Company“ include www.timeofshop.com this website is a E-commerce site. By using the TiME OF SHOP LLC website, you consent to the data practices described in this statement.
Collection of your Personal Information:
In order to better provider you with products and services offered on our Site, TiME OF SHOP may collect personally identifiable information, such as your:- First and Last Name - Mailing Address - E-mail Address - Phone Number.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information TiME OF SHOP collects and uses your personal information to operate its website(s) and deliver the services you have requested. TiME OF SHOP may also use your personally identifiable information to inform your of other products or services available from TiME OF SHOP and its affiliates.
Sharing Information with Third Parties TiME OF SHOP does not sell, rent or lease its customer lists to third parties. TiME OF SHOP may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provider support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to TiME OF SHOP, and they are required to maintain the confidentiality of your information.
TiME OF SHOP may desclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on TiME OF SHOP or the site; (b) protect and defend the rights or property of TiME OF SHOP ; and or (c) act under exigent circumstances to protect the personal safety of TiME OF SHOP , or the public.Tracking User Behavior TiME OF SHOP may keep track of the websites and pages our visit within TiME OF SHOP , in order to determine what TiME OF SHOP services are the most popular. This data is used to deliver customized content and advertising within TiME OF SHOP to customers whose behavior indicates that they are interested in a particular subject area.
Do not track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Do we use cookies?
Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
We use cookies to help us remember and process the items in your shopping cart and understand and save your preferences for future visits.
The use of the Cookies
Type of Cookies We Use
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Cookies Policy / Notice Acceptance Cookies
Functionality Cookies
Tracking and Performance Cookies
Your Choices Regarding Cookies
If You prefer to avoid the use of Cookies on the Website, first You must disable the use of Cookies in your browser and then delete the Cookies saved in your browser associated with this website. You may use this option for preventing the use of Cookies at any time.
If You do not accept Our Cookies, You may experience some inconvenience in your use of the Website and some features may not function properly.
By using our site, you consent to our websites privacy po
Return Policy
Please contact our customer service team with any questions or concerns regarding our return policy.
If you would like to return an item, please use the Online Returns Center to issue a return request. Once approved, you will be provided with an authorization number (RMA Number) and return label. A return will not be accepted
Return Policy
Please contact our customer service team with any questions or concerns regarding our return policy.
If you would like to return an item, please use the Online Returns Center to issue a return request. Once approved, you will be provided with an authorization number (RMA Number) and return label. A return will not be accepted without a Return authorization.
Return requests made after 14 days will NO longer be accepted.
Please send us back the item in its original packaging and condition with all of the parts.
We do not accept returns for the following items:
Refund Policy
In order to be eligible for a refund, you have to return the product within 14 calendar days of your purchase. The product must be in the same condition that you receive it and undamaged in any way.
After we receive your item, our team of professionals will inspect it and process your refund. The money will be refunded to the original payment method you’ve used during the purchase. For credit card payments it may take 5 to 10 business days for a refund to show up on your credit card statement.
If the product is damaged in any way, or you have initiated the return after 15 calendar days have passed, you will not be eligible for a refund.
If there are any questions that you may have please do not hesitate to contact us, we try to get back to all queries within 24 Hours.
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