Terms and conditions

OVERVIEW

This website is managed by tloczuss. Throughout the site, the terms “we”, “us”, and “our” refer to tloczuss. Tloczuss offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein 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 do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve 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 periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Wix. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

1. CONTACT INFORMATION

1.1 Questions about the Terms of Service should be sent to us at tloczuss@gmail.com.

1.2 If we have to contact you, we will do it by writing to you at the email address you provided to us in your order.

2. ONLINE STORE TERMS

2.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

2.2 You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

2.3 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us (the “Contract”). 2.4 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Product.

3. GENERAL CONDITIONS

3.1 We reserve the right to refuse service to anyone for any reason at any time.

3.2 You agree that your details (not including credit card information), may be transferred unencrypted and involve:

(a) transmissions over various networks

(b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

3.3 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 express written permission by us.

3.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4. ACCURACY AND MODIFICATIONS OF INFORMATION

4.1 Products may vary slightly from their pictures. The images and packaging of the products on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that a device’s display reflects the product appropriately.

4.2 We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4.3 Prices for our products are subject to change without notice.

4.4 We may make other changes to the product after you place an order, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.

5. MODIFICATIONS TO THE SERVICE AND PRICES

5.1 We reserve the right at any time to modify or discontinue the Service (or any part or content) without notice at any time.

5.2 We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

6. AVAILABILITY OF THE PRODUCTS AND SERVICES

6.1 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.

6.2 We reserve the right, but are not obligated, to limit 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.

6.3 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, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

6.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

7. ACCURACY OF BILLING AND ACCOUNT INFORMATION

7.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or 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. If we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

7.2 We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

7.3 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly 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 needed.

For more details, please review our Returns Policy.

8. OPTIONAL TOOLS

8.1 We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

8.2 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 any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

8.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

8.4 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.

9. THIRD-PARTY LINKS

9.1 Certain content, products and services available via our Service may include materials from third parties.

9.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.

9.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

10.1 If, at our request, 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 agree 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 under no obligation to:

a) maintain any comments in confidence,

b) pay compensation for any comments,

c) respond to any comments.

10.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

10.3 You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous 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 may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible 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.

11. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

12. ERRORS, INACCURACIES AND OMISSIONS

12.1 Occasionally, 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 reserve 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 inaccurate at any time without prior notice (including after you have submitted your order).

12.2 We undertake no obligation 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 indicate that all information in the Service or on any related website has been modified or updated.

13. PROHIBITED USES

13.1 In addition to other prohibitions as set 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 violate 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 transmit 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.

13.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

14.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

14.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

14.3 You agree that from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

14.4 You expressly agree that your use of, or inability to use, the service is at your sole 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 tloczuss, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable 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 from your use of any of the service or 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.

15. SEVERABILITY

If any provision of these Terms of Service is determined 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.

16. TERMINATION OF THE CONTRACT

16.1 These Terms of Service are effective unless and until terminated by either you or us.

16.2 Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:

a) if what you have bought is faulty, damaged or misdescribed, you may have a legal right to end the Contract. Alternatively, you may get the Product replaced or get some or all of your money back (please see our Refund Policy).

b) If you want to end the Contract because of something we have done or have told you we are going to do, see clause 16.3.1

c) if you have just changed your mind about the Product in accordance with clause 16.4, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products; or

d) in all other cases (if we are not at fault and there is no right to change your mind), see clause 16.5.

16.3 If you are ending a Contract for a reason set out at 16.3.1 to 16.3.5 below, the Contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:

We have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 4.4).
We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed.
There is a risk that the supply of the Products may be significantly delayed because of events outside our control.
We have suspended the supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days.
You have a legal right to end the Contract because of something we have done wrong.

16.4 For most Products bought online, you have a legal right to change your mind within 14 days after the day you (or someone you nominate) receive the Products and receive a refund.

16.5 Even if we are not at fault and you do not have a right to change your mind (see clause 16.2), you can still end the Contract before it is completed, but you may have to pay us compensation. The Contract is completed when the Product is delivered and paid for. If you want to end a Contract before it is completed, where we are not at fault and you have not changed your mind, just contact us to let us know. The Contract will end immediately, and we will refund any sums paid by you for Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the Contract.

16.6 If in our sole judgment 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 liable 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).

17. HOW TO END THE CONTRACT WITH US

17.1 To end the Contract with us before your order has been dispatched, please let us know by emailing us at tloczuss@gmail.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. Please return the confirmation email also.

17.2 Consumers are entitled to return any works purchased online for a full refund within 14 days of receiving physical possession of the works. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the Products by post. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.

17.3 When returning an order in the UK, please follow the steps below:

a) UK - Returns by Post: the original cardholder who purchased the Products will be credited for the refund. In order to use this method, take your sealed box or bag to a Post Office or courier company and send it to the address provided to you in an email sent by us confirming a return.

b) to return online purchases to the store, we require the Products to be in their original condition and accompanied by an email order confirmation or online dispatch note. Without an email order confirmation or online dispatch note, we cannot allow for the Products to be returned.

c) the notice to return the item must be accompanied with photographs of damage or discrepancies indicated by you.

d) all ‘returned’ goods must be delivered in the same condition as they were sent. Items damaged in transit must be documented (i.e. photographed) on delivery and emailed to us immediately.

e) all the original shipment wrap and packaging must be kept by you in order to process a successful compensation claim.

f) all shipping costs, including packing and insurance, are non-refundable and are incurred at the buyer’s expense.

g) any deterioration in condition may affect the customer’s right to a full refund. The works will remain the responsibility of the customer until they are physically received by us.

h) returns are not accepted for works purchased in person, e.g. at the art markets or conventions. Customers should satisfy themselves about the works purchased before making a purchase, as all in-person sales are final.

17.4 International Returns (outside of the UK): Products delivered internationally may be returned by the customer using any secure means (which may include their local postal service or DHL/UPS.) The original cardholder who purchased the Products will be credited for the refund. All terms from 17.3 apply here as well.

17.5 We will pay the costs of return:

a) if the Products are faulty, damaged or misdescribed,

b) If you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

c) in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

17.6 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

a) your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.

b) in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

18. EXCHANGE

An item can be exchanged if a pre-arranged agreement has been made between you and us. Tloczuss must be informed within 14 days of delivery of your intention to exchange any item. An item can be exchanged for another item in our stock that is at least the same value as the item to be exchanged. If an item is exchanged for a higher value one, the difference in price must be paid by the buyer.

19. REGISTRATION

19.1 By taking part in an online transaction, you agree that you are at least 18 years of age. You must also register online.
19.2 Registration will require the submission of certain information about you. In the event you have not satisfied our registration TERMS AND CONDITIONS requirements, including but not limited to any identification, anti-money laundering or anti-terrorism financing checks conducted by us, we may, at our discretion, postpone or cancel your registration, not permit you to postpone or cancel completion of any purchase you may make at the online transaction.
19.3 Once you have registered,d you should keep your account details strictly confidential and you must not permit any third party to use or access your account on your behalf or otherwise. You will be liable for any and all acquisitions made via your account.

20. ENTIRE AGREEMENT

20.1 Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

20.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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).

20.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

21. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed following the laws of the United Kingdom of Great Britain and Northern Ireland.

22. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, 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.