Legal

Last updated: May 1, 2019

These Terms of Sale ("Terms of Sale") govern your use of the service as a "Purchaser." These Terms of Sale are Additional Terms as defined by the Terms of Use (available at https://www.trytokr.com/terms-of-use), which Terms of Use are hereby incorporated into and made a part of these Terms of Sale. When a Purchaser places an order via the service it is an offer to enter into these Terms of Use with respect to that order. Upon acceptance of an order by a Provider, that Provider and Purchaser automatically enter into a purchase agreement between them on the terms and conditions of these Terms of Sale. Tokr, LLC ("Tokr", "us", "we" or "our") is an intended third party beneficiary of these Terms of Sale, but Provider and Purchaser agree to look solely to each other in all respects regarding their relationship and the applicable sales transaction. As used herein, "Terms" means the combination of the Terms of Use, any applicable Provider Terms and these Terms of Sale. "Provider" means a person or entity, which could be a Brand, its authorized dealers, or independent Providers, engaged in the business of selling one or more Products, that registers with the service to sell one or more Products through the service. "You" or "your" means Provider or Purchaser. Other defined terms not defined in these Terms of Sale have the definition set forth in our Terms of Use. To the extent these Terms of Sale conflict with the Terms of Use, the provisions of these Terms of Sale will prevail.

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.
Tokr reserves the right, at our discretion, to prospectively change, modify, add or remove portions of these Terms of Sale at any time by posting the amended Terms of Sale through the service. You may also be given additional notice, such as an email message or messaging within the service, of any changes. You will be deemed to have accepted such changes by continuing to use the service. The version of the Terms of Sale posted at the time Purchaser places an order will apply to that order. Tokr may also revise other policies, codes or rules at any time and the new versions will be available through the service. No amendment to the Terms or Privacy Policy shall apply to any dispute of which Tokr had actual notice before the date of the amendment. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.

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.

As set forth above, our general Terms of Use also govern your use of the service and are available at https://www.trytokr.com/terms-of-use.