1. Introduction and Acceptance
Welcome to ToastDog! These Merchant Terms and Conditions (the “Terms”) govern your use of the ToastDog website, mobile application, and all services, content, and products offered by ToastDog (collectively, the “Services”).
By accessing, browsing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Services.
ToastDog is an online company selling custom and pre-designed t-shirts, apparel, and related merchandise.
2. General Conditions
Eligibility: By agreeing to these Terms, 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.
Accuracy of Information: We are not responsible if information made available 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.
Modifications: We reserve the right to update, change, or replace any part of these Terms 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.
3. Products and Services
Product Descriptions: We make every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
Custom Designs: For custom orders, you are solely responsible for the content of the design, including ensuring the design does not violate any copyrights, trademarks, or third-party rights (see Section 6). ToastDog reserves the right to refuse any custom order it deems unlawful, harmful, threatening, defamatory, obscene, or otherwise objectionable.
Inventory and Fulfillment: All products are subject to availability. We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We reserve the right to discontinue any product at any time.
4. Pricing and Payments
Pricing: Prices for our products are subject to change without notice. The price charged will be the price in effect at the time the order is placed.
Payment: We accept various forms of payment, which are specified on our website. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
Taxes: You are responsible for any applicable sales tax, use tax, value-added tax (VAT), or other government-imposed taxes, duties, or fees associated with your purchase.
5. Orders, Shipping, and Returns
Order Acceptance: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
Shipping: Shipping dates and delivery times are estimates and not guarantees. ToastDog is not responsible for any delays in shipping caused by the carrier. Risk of loss and title for items purchased from ToastDog pass to you upon our delivery to the carrier.
Returns and Exchanges: Due to the nature of our custom printing, all sales are final on customized or personalized items, except in the case of a defect in the product or an error in printing on our part. For non-custom items, our standard Return Policy, detailed on a separate page, applies. You are responsible for all return shipping costs.
Defects/Errors: If a product is defective or an error was made on our part, you must notify ToastDog within 30 days of receiving the product, providing photographic evidence of the defect. We will, at our sole discretion, offer a replacement or a full refund.
6. Intellectual Property, User Content, and Copyrights
ToastDog IP: All content included on the site, such as text, graphics, logos, images, digital downloads, and product designs created by ToastDog, is the property of ToastDog and is protected by international copyright and trademark laws.
Customer-Supplied Content (Custom Designs): By submitting a design, image, or text for a custom order, you grant ToastDog a non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, and display the content solely for the purpose of fulfilling your order.
You warrant and represent that you own all intellectual property rights in the content you submit, or that you have obtained all necessary licenses or permissions to use the content and authorize ToastDog to reproduce it.
You agree to indemnify, defend, and hold harmless ToastDog from any and all claims, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from any claim that the content you submitted infringes upon any third-party’s intellectual property rights.
Prohibited Uses: 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.
7. Disclaimer of Warranties; Limitation of Liability
TOASTDOG DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
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 TOASTDOG, 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.
8. Governing Law and Dispute Resolution
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law provisions.
Any dispute or claim relating in any way to your use of any ToastDog Service, or to any products or services sold or distributed by ToastDog, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
9. Contact Information
Questions about the Terms and Conditions should be sent to us at [email protected]