Last updated: May 1, 2019
1. Order Acceptance and Fulfillment by Providers.
By ordering a Provider’s Product, upon acceptance of the order by the Provider, Purchaser enters into a contract with Provider to purchase the Product(s) from the respective Provider in accordance with the terms of the order and the Terms. By ordering a Product, Purchaser represents and warrants that Purchaser will purchase the Product(s) and enter into an irrevocable offer to purchase such Product(s). By ordering a Product, Purchaser expressly authorizes Tokr to preauthorize a charge on Purchaser’s credit card or other account at the time of purchase for the full purchase price of the Product, all shipping and handling costs, and all applicable taxes and credit card processing fees on Purchaser’s credit card or other account. Once a Purchaser orders a Product, Tokr is expressly authorized to convey the order to the selected Provider or a substitute Provider. If a Provider accepts an offer, these Terms of Sale bind Purchaser and Provider upon Provider’s confirmation email to Purchaser of order acceptance.
2. Update to Terms of Sale.
3. Provider Required Terms for Product Sales.
Provider hereby commits to Purchaser to provide the following minimum required terms, but is free to provide Purchaser with any additional terms that are more favorable to Purchaser.
- (a) Shipping: Unless otherwise stated at the time of ordering: (i) orders over one hundred dollars ($100.00) ship for free; (ii) subject to Section 3(a)(i) hereof, orders with only one (1) item will be subject to a shipping and handling fee of $5.00; and (iii) subject to Section 3(a)(i) hereof, orders with two (2) or more items will be subject to a shipping and handling fee of $10.00. Our Providers commit to shipping your Products within two (2) business days of receipt of an order. For purposes of these calculations, orders received after 2 P.M. Pacific Time shall be considered to be received on the following business day. Provider, and not Tokr, is responsible for any late delivery or non-delivery of any Product. If you do not receive your Product within the time frame communicated to you by the Provider, you should contact the Provider. Once you have placed an order for a Product, the Provider shall be solely responsible for shipping the Product to the Purchaser; however, all right in title and all risks regarding the shipment of the Product shall shift from the Provider to the Purchaser upon the shipment of the Product from the Provider to the Purchaser.
- (b) Refunds/Returns: Unopened and undamaged Products in undamaged and original complete packaging may be returned within fourteen (14) days or, if applicable, a longer return period as provided for by the Provider, by mailing the unopened and undamaged Product to the applicable address provided to you by Purchaser before the end of the applicable return period. If the Purchaser claims the Product is damaged upon receipt, the Purchaser shall refer to Provider’s dispute resolution terms, if any.
- (c) Customer Service: Tokr is only responsible for customer service regarding the service operations and any issues regarding Product, including shipping and handling, returns, refunds, warranties, etc. shall be addressed solely to the Provider. However, Tokr reserves the right but is not obligated to investigate and/or moderate disputes between Purchaser and Provider. Provider is solely responsible for Products and Product-related claims, and Purchaser agrees to look solely to Provider for issues relating to Product and Product-related claims and not to bring any complaints or claims arising out of purchase or use of Products to or against Tokr.
- (d) Warranty Terms: Purchaser shall look solely to Provider and applicable Brand for any available Product warranties. As permitted by applicable law, Purchaser agrees that Tokr has no warranty obligations to Purchaser regarding Products and Provider agrees to defend, indemnify, and hold Tokr harmless from and against Purchaser’s claims regarding Products.
- (e) Product Specifications, Pricing, Typographical Errors: Tokr and Providers strive to accurately describe Products offered on the Platform; however, as permitted by applicable law, Tokr and Providers do not warrant to Purchasers that such specifications, pricing, or other content on the Platform is complete, accurate, reliable, current, or error-free. Providers are solely responsible for Product claims. If a Product the Purchaser purchased from Provider is not as described, as permitted by applicable law, Purchaser’s sole remedy is to return it, to cancel the purchase, and receive a credit for the purchase price.