Terms of Service
This website is operated by TESmart. Throughout the site, the terms “we”, “us” and “our” refer to TESmart. TESmart offers this website, including all information, tools and services available to you as a user of this website, conditioned on your acceptance of all terms, conditions, policies and notices set forth herein.
Our store is hosted at Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
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, permit your minor dependents to do so Site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit worms or viruses or code of a destructive nature.
A breach or breach of any of the Terms will result in the immediate termination of your Services.
SECTION 2 - GENERAL TERMS
We reserve the right to refuse service at any time for any reason.
You acknowledge that your Content (excluding credit card information) may be transmitted unencrypted and (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connection networks or devices. Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, sell 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 from us , resell, or exploit
The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if any information provided on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your information only. We reserve the right to change the content of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - CHANGES TO SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall be liable to you or to any third party for any modification, price change, suspension or discontinuation 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 can only be returned or exchanged in accordance with our returns policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in store. We cannot guarantee that your computer monitor's display of colors will be accurate.
We reserve the right, but have no obligation, to limit sales of our products or services to any person, geographic region, or jurisdiction. We can exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or product prices 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.
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.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders with the same billing and/or shipping address.In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/telephone number provided at the time the order was placed. We reserve the right to restrict orders or prohibited, which, in our sole discretion, may be discontinued by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from 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 if necessary.
See our Returns Policy for more information .
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control or input.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without warranties of any kind , representations or conditions of any kind and without endorsement. We have no liability whatsoever for or in connection with your use of optional third-party tools.
Any use by you of the optional tools offered through the Website is at your own risk and discretion and you should ensure that you comply with the terms, to are familiar with and accept the tools provided by the respective third parties.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may contain materials from third parties.
Third party links on this website 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 make no warranties and assume no liability or responsibility for any third-party materials or websites, or for any other third-party materials, products or services.
We are liable not responsible for any harm or damages related to the purchase or use of any goods, services, resources, content, or other transactions related to third-party websites. Please read the third party's policies and practices carefully and ensure you understand them before engaging in 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 you send certain specific submissions (for example, contest entries) at our request or without our request, you are submitting creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by mail or otherwise (collectively, “Comments”), you agree that we may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments you submit to us at any time without restriction. We are not and will not be obligated to (1) keep any Comments confidential; (2) to pay compensation for comments; or (3) to reply to comments.
We may, but have no obligation, to monitor, edit, or remove any Content that, in our sole judgment, is unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or infringes upon the intellectual property of any party or violate these Terms of Service
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, privacy or other personal or proprietary rights. You further agree that your comments will not contain libelous 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 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 have no responsibility or liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating 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 on the Service or on any related website is inaccurate at any time without notice (including after you have submitted your order) .
We assume no obligation to update, change or clarify any information on the Service or on any related website, including without limitation pricing information, except as required by law. No given update or update date applied on the Service or on any related website should be taken as an indication that any information on the Service or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to encourage others to engage in or participate in any illegal activity; (c) violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe 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) 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) spam, phishing, pharm, subterfuge, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the Prohibited Uses .
SECTION 13 - 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.
We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable .
You agree that we may remove the Service from time to time for an indefinite period, or terminate the Service at any time without notice.
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 event shall TESmart, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or Consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of any of the services or products procured with the service, or for any other claim related to your use of the service or any product, including but not limited to errors or omissions in any content or any loss or damage of any kind, the through the use of the Service or any content (or products) posted, transmitted or otherwise made available through the Service, even if advised of its possibility, as some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages do not allow, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, shall have a such provision will not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties entered into prior to the termination date will survive, for all purposes, termination of this Agreement.
If, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, or we suspect that your failure to comply, we may also 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).
SECTION 17 - ENTIRE AGREEMENT
Failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service and supersede all prior or contemporaneous agreements, communications and oral or any written proposal between you and us (including without limitation any previous version of the Terms of Service)
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements by which we provide services to you shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 19 - MODIFICATION OF TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time by visiting this page.
SECTION 20 - CONTACT INFORMATION