Terms of service
TERMS OF SERVICE — TOUTINI
Welcome to Toutini. The terms "we," "us," and "our" refer to Toutini. Toutini operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). Toutini is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service ("Terms"), together with any policies referenced herein, describe your rights and responsibilities when using the Services. Please read them carefully — they include important information about your legal rights, warranty disclaimers, and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.
1. Access and Account
1.1 By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.
1.2 To use the Services — including browsing our store or purchasing products — you may be asked to provide information such as your email address, billing, payment, and shipping details. You represent that all information you provide is correct, current, and complete, and that you have the right to provide it.
1.3 You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
2. Our Products
2.1 We make every effort to accurately represent our products. Colors or appearance may differ from your screen due to device and display settings. We do not warrant that product appearance or quality will match your expectations or how products are depicted online.
2.2 Product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or limit quantities offered to any person, region, or jurisdiction.
3. Orders
3.1 Placing an order is an offer to purchase; it is not accepted until Toutini confirms acceptance. Payment must be received and processed before an order is accepted.
3.2 Please review your order carefully — we may be unable to accommodate cancellation requests after acceptance.
3.3 If we decline, change, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided at checkout.
3.4 Purchases are subject to return or exchange solely under our Refund Policy.
3.5 You represent that your purchases are for personal or household use only, not for commercial resale or export.
4. Prices and Billing
4.1 Prices, discounts, and promotions are subject to change without notice. The price charged is the price in effect at the time of order, as shown in your confirmation email. Posted prices exclude taxes, shipping, handling, customs, and import charges unless stated otherwise.
4.2 Prices in our online store may differ from physical stores or third-party retailers. Promotions are governed by their own terms; in case of conflict, the promotion terms govern.
4.3 You agree to provide accurate, current billing and account information, and to promptly update it (e.g., email, card number, expiration) so we can process transactions and contact you.
4.4 You represent that: (i) your payment information is true and complete; (ii) you are authorized to use the payment method; (iii) charges will be honored by your card issuer; and (iv) you will pay all charges incurred, including shipping, handling, and applicable taxes.
5. Shipping and Delivery
We are not liable for shipping or delivery delays. All delivery times are estimates only, not guarantees. We are not responsible for delays caused by carriers, customs, or events outside our control. Once products are transferred to the carrier, title and risk of loss pass to you.
6. Intellectual Property
6.1 Our Services — including trademarks, brands, text, images, graphics, reviews, video, audio, and their design, selection, and arrangement — are owned by Toutini, its affiliates, or licensors, and protected by applicable IP law.
6.2 These Terms permit personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store, or transmit any Service material without our prior written consent.
6.3 Nothing in these Terms grants any license or right under Toutini's, Shopify's, or any third party's patents, trademarks, or copyrights, except as expressly stated. All rights not expressly granted are reserved.
6.4 Toutini's names, logos, and slogans are our trademarks (or those of our affiliates/licensors) and may not be used without prior written permission. Shopify's marks belong to Shopify. All other marks belong to their respective owners.
7. Optional Tools
7.1 You may be given access to third-party customer tools that we neither monitor nor control. These are provided "as is" and "as available," without warranties or endorsement, and we have no liability arising from your use of them.
7.2 Use of any optional third-party tools is entirely at your own risk; review the relevant third party's terms before use.
7.3 Any new features we release in the future are considered part of the Services and subject to these Terms.
8. Third-Party Links
The Services may link to third-party websites or content we do not control. We are not responsible for evaluating their accuracy, and accessing them is at your own risk. Complaints about third-party products or services should be directed to that third party.
9. Relationship with Shopify
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
Toutini is powered by Shopify. However, all sales are made directly between you and Toutini. Shopify is not responsible for any aspect of these sales, including any injury, damage, or loss from purchased products. You release Shopify and its affiliates from all claims arising from your transactions with Toutini.
10. Privacy Policy
All personal information we collect is subject to our Privacy Policy and, where applicable, Shopify's Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes data about your use of the Services, which may be shared with third parties in other countries to provide the Services. Review our Privacy Policy for details.
11. Feedback
11.1 If you submit ideas, suggestions, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, and distribute it for any purpose, including commercial use.
11.2 You represent that: (i) you own or have rights to the Feedback; (ii) you have disclosed any related compensation; and (iii) it complies with these Terms. We are under no obligation to keep Feedback confidential, compensate you, or respond to it.
11.3 We may (but are not obligated to) monitor, edit, or remove Feedback deemed unlawful, offensive, or otherwise objectionable.
11.4 You agree Feedback will not infringe third-party rights, contain unlawful or abusive content, malware, or misrepresent your identity. You are solely responsible for your Feedback and its accuracy.
12. Errors, Inaccuracies, and Omissions
Content on the Services may occasionally contain typographical errors or omissions relating to descriptions, pricing, promotions, or availability. We reserve the right to correct these and to change, update, or cancel orders based on inaccurate information at any time, even after an order is submitted.
13. Prohibited Uses
13.1 You may use the Services only for lawful purposes. You may not:
a) Use the Services for any unlawful or malicious purpose;
b) Violate applicable laws or regulations;
c) Infringe our IP rights or those of others;
d) Harass, abuse, or harm any employee or other person;
e) Transmit false or misleading information;
f) Use material that violates these Terms;
g) Send spam or unsolicited promotional material;
h) Impersonate any person or entity;
i) Engage in conduct that restricts others' use of the Services or may expose Toutini, Shopify, or users to liability.
13.2 You also agree not to:
a) Upload viruses or malicious code;
b) Reproduce, duplicate, or exploit any portion of the Services;
c) Collect or track others' personal information;
d) Spam, phish, or pretext the Services;
e) Use bots, scrapers, or automated/AI tools to access the Services except as expressly permitted for identified Agents under Section 14;
f) Bypass or interfere with our security or access-control measures.
We reserve the right to suspend or terminate your account at any time, without notice, for violations of these Terms.
14. Agents
14.1 This section ("Agent Terms") applies if you use, allow, or cause an "Agent" — any autonomous or semi-autonomous software acting on your behalf — to access or interact with the Services. This section is the sole exception to Section 13.2(e); an Agent that fully complies with Section 14.4 is not in breach of Section 13.2(e).
14.2 No Agent may access the Services unless it complies at all times with Section 14.4, and none may do so if we have requested it refrain from accessing the Services.
14.3 We may limit, including through technical measures, how any Agent accesses or interacts with the Services.
14.4 Agents must: (i) identify themselves in all HTTP/HTTPS requests via the user agent string "Agent/[agent name]"; (ii) not conceal that interactions are automated (e.g., by mimicking human behavior or bypassing CAPTCHAs); (iii) respond truthfully when asked whether they are human or automated; and (iv) not circumvent measures controlling Agent access.
15. Termination
We may terminate this agreement or your access to the Services at our sole discretion, at any time, without notice. You remain liable for all amounts due through the termination date. Sections that by their nature survive termination include: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and Privacy Policy.
16. Disclaimer of Warranties
Information on the Services is provided for general informational purposes only. We do not warrant its accuracy, completeness, or usefulness; reliance on it is at your own risk.
EXCEPT AS EXPRESSLY STATED, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE USE. NOTHING IN THIS SECTION EXCLUDES, RESTRICTS, OR MODIFIES ANY CONSUMER GUARANTEE UNDER THE AUSTRALIAN CONSUMER LAW, OR ANY OTHER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TOUTINI, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES — INCLUDING LOST PROFITS, REVENUE, SAVINGS, OR DATA — ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS SECTION EXCLUDES ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW.
18. Indemnification
You agree to indemnify, defend, and hold harmless Toutini, Shopify, and our respective affiliates, officers, employees, and agents from losses, damages, or claims (including reasonable attorneys' fees) arising from: (1) your breach of these Terms; (2) your violation of any law or third-party right; or (3) your use of the Services. We will notify you of any indemnifiable claim; we may control the defense and settlement at your expense but won't settle claims requiring non-monetary obligations from you without your consent. You agree to cooperate in the defense.
19. Severability
If any provision of these Terms is found unlawful or unenforceable, it will be enforced to the fullest extent permitted, with the unenforceable portion severed. This does not affect the validity of the remaining provisions.
20. Waiver; Entire Agreement
Our failure to enforce any provision does not waive it. These Terms, together with any referenced policies, constitute the entire agreement between you and Toutini, superseding all prior agreements or communications. Ambiguities will not be construed against the drafting party.
21. Assignment
You may not assign or transfer these Terms or your rights/obligations under them without our prior written consent; any such attempt is void. We may assign or transfer these Terms without notice or consent.
22. Governing Law
These Terms are governed by the laws of Western Australia, Australia. You and Toutini consent to the exclusive venue and personal jurisdiction of the courts of Western Australia, without prejudice to any mandatory consumer protections you may be entitled to under the law of your own country of residence.
23. Headings
Headings are included for convenience only and do not affect the interpretation of these Terms.
24. Changes to These Terms
We may update these Terms at any time by posting changes to our website. It's your responsibility to check periodically. We will notify you of material changes as required by law, effective on the date specified. Continued use after changes are posted constitutes acceptance.
25. Contact Information
Questions about these Terms should be sent to: byangieco@gmail.com