Updated February 22, 2016
Welcome to the website of TOMS Shoes, LLC (including any of its subsidiaries or corporate affiliates, collectively, "TOMS," "we" or "us"). Any person accessing or using the website and any associated webpages (collectively, the "Website") is referred to as "you".
This Website and its Content (as defined below) are intended solely for personal and non-commercial use by you. Any use of this Website or its Content other than for personal and non-commercial purposes is prohibited.
3. Orders; Terms of Sale
By placing an order with us, you are (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided.
When you send us your order, we may verify certain items before the order is fulfilled, including without limitation your personal information, your payment information and your creditworthiness.
We reserve the right to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (c) change or update information in connection with any products or services offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.
If your payment method has already been charged for an order that is later modified or cancelled, TOMS® shall issue you a refund in the amount of the incorrect price back to your original method of payment. We apologize for any inconvenience this may cause you.
TOMS® accepts the following methods of payment on TOMS.com: Visa, MasterCard, American Express, Discover, PayPal, TOMS.com Gift Cards (electronic or physical) and TOMS.com store credit. Please see TOMS.com Gift Cards and store credit for further details.
Please see our FAQS for further helpful information.
4. Product & Pricing Information
Select TOMS® products displayed on the Website may be available in select stores in the United States while supplies last. Please see our Store Locator for information on our retailers in the United States.
All prices and products advertised are subject to change. Although the Website is composed with care, it may happen that the pricing information on the Website contains errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website.
All prices displayed on the Website are quoted in US Dollars ($).
Shipping costs are applied per order and depend on where your order is shipped and by what method. Shipping costs and all other applicable taxes, fees or charges of any nature shall be added to the total amount of your purchase and will be displayed prior to checkout.
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the actual colors of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website.
Shipping, Delivery, Returns and Exchanges
Please note that shipping dates, delivery dates, and timeframes for processing returns and refunds are estimates only and not guaranteed. We can only fulfill domestic orders to home and office addresses and do not ship to P.O. Boxes. TOMS® does not ship internationally, except to Australia. If you would like to ship to international locations, please see our Shipping FAQS for further information on international locations to which we ship.
While most of our products can be returned, we cannot accept returns of TOMS Roasting Co. coffee (whether purchased from our retail stores or otherwise), Gift Cards, Rewards (as defined below) redemptions and any other items that are marked "Final Sale".
If, after you have received any returnable product(s), you are not happy with what you ordered for any reason, you may return the product(s) so long as we receive them within 60 days after your date of purchase at our warehouse in Mira Loma, California. All returnable items should be returned unused, in their original packaging and in saleable condition. Your refund shall reflect the total amount you paid for the product(s) you are returning. However, you will not be refunded any original shipping costs you may have paid for the delivery of the product(s) to you.
If you are shipping to us from within the continental United States, you may choose to receive your refund back to your original method of payment (so long as you did not make your purchase using a Gift Card or Store Credit) or in the form of a TOMS.com store credit, and you will not be charged any return shipping costs.
Please remember that in order for us to process your return, we must receive the item(s) within the 60-day timeframe noted above. Therefore, you must account for the time it takes for the carrier to ship your item(s) back to our warehouse in Mira Loma, California.
All returns should be addressed to our distribution center based in Mira Loma, California, U.S.A.
The risk of loss of any product(s) ordered through this Website shall transfer to you upon delivery of the product(s) to the shipping carrier.
We do not offer exchanges at this time. We apologize for any inconvenience this may cause you.
6. Warranty for Defective Products (Shoes & Eyewear Only)
Please check your product(s) promptly upon delivery. If you have purchased TOMS® shoes or eyewear from TOMS or any of our authorized retailers/resellers and it appears that any of these products upon delivery are damaged or otherwise show material or manufacturing defects, please contact us within 60 days from your date of purchase via telephone or email to inform us of the details at email@example.com or the email addresses noted below. Please note that this warranty does not apply to fair wear and tear, wilful damage, abnormal storage, alterations, repairs, improper fit, scratched lenses (for eyewear) or improper or unreasonable use. If the product(s) noted in this section are defective, we will offer you, at TOMS® sole discretion, either a refund (including the purchase price, original shipping costs and any other costs you may incur in returning the defective product(s) to TOMS®), repair the defective product(s) or provide you with replacement product(s) at no cost to you.
SHOES: If you believe in good faith that the TOMS® shoes products you purchased are defective with regard to materials and workmanship within 12 months of the date of purchase, please email the TOMS® warranty department at firstname.lastname@example.org with the following information: (a) order number (in subject line), (b) short description of the issue, (c) photographs of the product, (d) shipping address for any repairs/replacement product(s), and (e) proof of purchase (required).
EYEWEAR: If you believe in good faith that the TOMS® eyewear products you purchased are defective with regard to materials and workmanship within 24 months of the date of purchase, please email the TOMS® warranty department at email@example.com with the following information: (a) order number (in subject line), (b) short description of the issue, (c) photographs of the product, (d) shipping address for any repairs/replacement product(s), and (e) proof of purchase (required).
This warranty is only applicable for shoes and eyewear purchased on this Website, and does not apply to any other products on the Website, including but not limited to Marketplace or apparel.
If you purchased your product(s) directly from an official retailer, please contact them for further details on any warranty they may offer.
Please see our Warranty FAQs for further information regarding our warranties.
You agree to cooperate fully with us and will provide all reasonable assistance in the event we recall any product(s), at our sole expense. Please notify us immediately if you know or suspect there is a possibility of products becoming or needing to become the subject of a recall.
8. Intellectual Property Rights; Content
Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, User Generated Content (as defined below), Digital Content (as defined below) and any other materials that appear as part of or on the Website (collectively, the "Content"), are protected by copyright, trade dress, and/or trademark laws of the United States, and all worldwide rights, title and interest in and to the Website and Content are owned controlled, and/or licensed by TOMS®. Please note that certain trademarks, product names, company names, logos, service marks or material displayed on the Website may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.
TOMS, One for One, , , and all related names, logos, product and service names, designs and slogans are registered trademarks of TOMS® or its licensors. Such marks cannot be used without the prior written permission of TOMS®.
Except as may be expressly permitted by TOMS®, you may not use, reproduce, copy, publish, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website, or any related software; provided, however, that you may download certain Content as indicated on the Website for your personal, non-commercial use only. You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Website, but only while accessing the Website. In addition, you are hereby granted a right to download certain Content as expressly permitted by TOMS on the Website, including but not limited to the Digital Content provided as part of the TOMS Passport Rewards Program set forth in Section 21 below; provided, however, that where TOMS expressly permits you to download certain Content as indicated on the Website you may do so only for your personal, non-commercial use and subject to any additional restrictions provided by TOMS either in these Terms and Conditions, on the Website or elsewhere as may be indicated by TOMS. No right, title or interest in or to any downloaded Content or software is transferred to you as a result of any such permissible downloading or copying.
The Content may contain omissions, errors, or may be out of date. The Content is provided for informational purposes only and TOMS® is under no obligation to keep the Content updated. TOMS® may, in its sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to you.
9. User Generated Content
As used in this Section, (i) "User Generated Content" means messages (including e-mail), data, information, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files and comments, including but not limited to feedback, suggestions, reviews, questions or other material or content regarding our existing products, marketing strategies, business and customer service; and (ii) "Interactive Areas" means reviews, forums, blogs, chat areas, bulletin boards or other interactive areas in which you or other Website users may post Comments, content, messages, materials or other items on the Website.
By posting, distributing, sending or displaying User Generated Content to the Website, you:
- hereby grant to TOMS® a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sublicenseable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Generated Content for any purpose to the extent permissible by applicable law;
- represent and warrant that:
- you own and control all of the ownership rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content on or through this Website;
- such User Generated Content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and
- the usage, publication and posting of such User Generated Content does not violate these Terms and Conditions and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity; and
- further grant TOMS® the right to pursue before any appropriate forum any person or entity that violates TOMS®'s or your rights under any applicable law in the User Generated Content.
User Generated Content submitted by you is deemed non-confidential and TOMS® is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, TOMS® reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. TOMS® is under no obligation to offer you any payment or compensation for User Generated Content, respond to any User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, under any applicable law, it is determined that you retain moral rights in the User Generated Content which you have posted to the Website, you hereby agree that:
- you won't require that any personally identifying information be used in connection with the User Generated Content;
- you won't oppose the publication, use, modification or deletion of the User Generated Content by TOMS®; and
- you waive and will not claim or assert any entitlement to any moral rights in any of the User Generated Content, to the extent permissible under applicable law.
This Website may contain Interactive Areas. If TOMS® provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and you use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
- Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of the privacy or publicity rights of a third party, abusive, inflammatory, fraudulent or otherwise objectionable;
- Material that promotes illegal drugs, tobacco or firearms use;
- Material that constitutes hate speech or encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any applicable local, state, national or international laws or regulations;
- Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;
- Material that uses the names or likenesses of persons living or dead or their property without their prior express written permission or that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity;
- Advertising or links to other commercial websites;
- Names, postal addresses, telephone or telecopy numbers, email addresses, driver licenses, Social Security, national identity , passport and/or credit card numbers or other personally identifiable information of any third party;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Material that is unrelated to the topic of the Interactive Areas in which such material is posted;
- Material that communicates messages inconsistent with the goodwill of TOMS® or which otherwise violates these Terms and Conditions; or
- Material that, in the sole judgment of TOMS®, is objectionable or which may expose TOMS®, you or other Website users to any harm, prejudice or liability.
To the extent possible under applicable law, TOMS® takes no responsibility and assumes no liability for any User Generated Content posted, published, displayed or uploaded by you, or for any loss or damage thereto, nor is TOMS® liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or racial or gender slurs you may encounter or any other type of content posted, published, displayed or uploaded by third parties in violation of these Terms and Conditions. As a simple provider of the Interactive Areas, to the extent permissible by applicable law, TOMS® is not and shall not be liable for any statements, representations or User Generated Content provided by its users on this Website. TOMS® has no legal or contractual obligation to screen, edit or monitor any of the User Generated Content posted, published, displayed or uploaded to or through any Interactive Area and makes no claim that it will do so. However, TOMS® reserves the option and right, at its sole discretion, to remove or modify any User Generated Content posted or stored on this Website without any prior notice of any type whatsoever and for any reason whatsoever.
Any use of the Website, including the Interactive Areas, in violation of these Terms and Conditions may result in termination or suspension of your permission to use the Website and/or any other website(s) owned or operated by TOMS®.
10. Unsolicited Ideas Submissions
TOMS welcomes your feedback regarding our existing products, marketing strategies, business and customer service, subject to Section 9 above. Feel free to contact us with your valuable feedback.
However, our company policy does not allow us to accept or consider unsolicited ideas, suggestions, proposals, comments or materials, including for new or improved products, services or technologies, advertising campaigns, promotions, One for One ideas, product enhancements, processes, materials, designs, marketing plans, designs, artwork or new product names (collectively, "Submissions"). Please do not submit any Submissions in any form to TOMS or any of its employees. Since TOMS is constantly developing new ideas, strategies and products, we hope that you will understand that this policy is intended to help TOMS avoid potential misunderstandings or disputes when TOMS' products, lines of business or marketing strategies might seem similar or even identical to Submissions made to TOMS.
If, despite our policy, you still provide your Submissions to TOMS, the following terms shall apply to your Submissions, regardless of what your communication says. You agree that:
- TOMS shall automatically solely and exclusively own the content and form of all Submissions and such shall not be returned to you;
- TOMS may use, copy, redistribute and disclose the Submissions for any purpose in any manner, without compensation to you or any other person or party; and
- TOMS is not and shall be under no obligation to: (i) pay any compensation for any Submissions; (ii) attribute any Submissions to you; (iii) respond to any Submissions; or (iv) keep any Submissions confidential.
11. Third Party Content; Links to Third Party Websites
Any Content, products or services posted on, transmitted through, or linked to by third parties from the Website are the sole responsibility of the third-party originator of such Content. TOMS® does not control, approve, sponsor or endorse any third-party Content, products or services on or linked through the Website and we make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you agree that you do so at your own risk and TOMS® is not responsible or liable for any loss or damage of any sort that you may incur as a result of any third-party Content, products or services.
This Website may contain links to third-party services and resources. You acknowledge that (a) TOMS® is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites; and (b) TOMS® is not responsible for any other form of transmission received from any linked website. TOMS® is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TOMS® of the website. Any concerns regarding any such link should be directed to the particular third party website.
12. Access to and Use of Website; Acceptable Use Policy
We do not guarantee that the Website, or any Content on it, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all part of the Website without notice. We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
Acceptable Use Policy
By using the Website, you agree to comply with all content and conduct standards set forth in these Terms and Conditions. By way of example and not limitation, you agree not to:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, frame, use, transfer or sell any information, products, services or Content provided through or obtained from the Website, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
- hack into the Website, the server on which the Website is stored, or any server, computer or database connected to the Website, or attack the Website via a denial-of-service attack or a distributed denial-of service attack;
- modify another website so as to falsely imply that it is associated or affiliated with the Website;
- damage, disable, overburden, transmit any worms, viruses, trojans, logic bombs or other material of a destructive nature, or interfere with any other party's use and enjoyment of the Website;
- violate any applicable laws, rules or regulations in your jurisdiction;
- use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Website; or
- use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms and Conditions.
For any portion of the Website that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms and Conditions. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.
13. DMCA – Copyright Complaint Policy; Infringement Notification
If you believe in good faith that certain Content on the Website infringes your copyright rights, please provide the written information requested below. The procedure outlined below is exclusively for notifying TOMS® that your copyrighted material has been infringed.
Please provide the following information in the following order (including Section Numbers):
- A clear identification of the copyrighted work you claim was infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including your name, address, email address and telephone number.
- Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. This information and notification is accurate. Under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Website should be emailed or mailed to:
TOMS Shoes, LLC
Attn: Legal Department
5404 Jandy Place
Los Angeles, California 90066
Phone Number: 310-566-3170
legal@TOMS.com, RE: Copyright Infringement
We suggest that you consult an attorney before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys' fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above and applicable law, including but not limited to the Digital Millennium Copyright Act of 1998.
In accordance with applicable law, TOMS® has adopted a policy of terminating, in appropriate circumstances and at TOMS®'s sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. TOMS® may also limit or restrict access to the Website and/or terminate the accounts of any users who are deemed by TOMS® to infringe any intellectual property rights of others, whether or not there is any repeat infringement, in TOMS®'s sole discretion.
You agree to defend, indemnify and hold harmless TOMS®, its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers and distributors (collectively, the "TOMS Parties") from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees), arising from or in connection with: (a) your use of the Website; (b) any Content submitted, posted, or otherwise provided by you to the Website, any of the TOMS Parties, and/or its agents, third party licensors or licensees, (c) your breach of any provision of these Terms and Conditions or any representations you provide herein, and/or (d) your use of the Website or purchase of any products or services from the Website. TOMS® reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with TOMS® in asserting any and all available defenses.
15. DISCLAIMER; WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE, CONTENT, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, TOMS® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TOMS® DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, TOMS® MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE WEBSITE, PRODUCTS, SERVICES, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS WEBSITE, USER GENERATED CONTENT, SUBMISSIONS, INFORMATION, GIVING INFORMATION MADE BY TOMS® OR ITS GIVING PARTNERS, INFORMATION PROVIDED BY OUR MARKETPLACE VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO FROM THE WEBSITE.
TOMS® ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) , EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6 OF THESE TERMS AND CONDITIONS, ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, SERVICES, INFORMATION, WEBSITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, PRODUCTS, SERVICES OR ANY THIRD PARTY WEBSITE(S), PRODUCTS OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) BY TOMS® OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
NO PERSON (INCLUDING ANY AGENT, DEALER OR REPRESENTATIVE OF TOMS®) IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS EXCEPT TO REFER YOU TO SECTION 6 OF THESE TERMS AND CONDITIONS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER WARRANTIES OR REPRESENTATIONS.
16. LIMITATION OF LIABILITY
IN NO EVENT SHALL TOMS® OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE "TOMS RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPRTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE WEBSITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, PRODUCTS, MATERIALS, CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST THE TOMS RELEASED PARTIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF ANY OF THE TOMS RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, ANY CONTENT, OR PURCHASE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITE, THE TOMS RELEASED PARTIES' TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS NOTED IN SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
17. Title to Products
The title to any product(s) ordered through this Website shall transfer to you upon our delivery to the shipping carrier.
Please note that all products offered through the "Marketplace" section of the Website are produced and manufactured by third party suppliers and not by TOMS®. As set forth in Sections 14 and 15 above, TOMS® is not responsible for any Marketplace products or for the actions or inactions of any Marketplace suppliers. While TOMS® aims to ensure that all Marketplace suppliers are honest and truthful when making representations regarding their products and/or the causes they claim to support and how, we cannot warrant or represent that the statements they make are truthful, complete or accurate. Please contact the relevant Marketplace supplier if you have further questions regarding their products or causes.
For further information on Marketplace, please see our Marketplace FAQs.
19. Gift Cards & Store Credit
TOMS® physical and electronic gift cards (collectively, the "Gift Card(s)") may be redeemed towards the purchase of eligible items on the Website. Please treat your Gift Cards like cash — we are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. Gift Cards may not be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Purchases made with a Gift Card will be deducted from the redeemer's Gift Card balance and any unused balance will be available for future purchases. Purchase amounts that exceed the redeemer's Gift Card balance will require that the remaining balance due be paid with another acceptable payment method. Gift Cards are not returnable, cancelable or exchangeable after purchase for cash, except in states where required by law. Gift Cards do not expire and we do not assess any service fees for non-use.
Gift Cards have other restrictions, including but not limited to:
- Coupons and other discounts or promotions may not be applicable to purchase Gift Cards.
- Gift Cards cannot be used to purchase other Gift Cards.
- Gift Cards are FINAL SALE cannot be returned.
- Gift Cards may only be applicable to purchase certain product(s) or services on the Website, or they may exclude the purchase of certain product(s) or services. Please see any applicable restrictions noted on your Gift Card or the applicable product(s) or promotion(s) for further details.
TOMS.com store credit (the "Store Credit") may be redeemed towards the purchase of eligible items on the Website. Any available Store Credit you may have will be automatically applied towards your next purchase. We are not responsible if Store Credit is lost, stolen, destroyed or used without your permission. Please note that store Credit is non-transferable. Purchases made with Store Credit will be deducted from your Store Credit balance, and any remaining unused balance will be available over for future purchases. Purchase amounts that exceed the redeemer's available Store Credit balance will require that the remaining balance due be paid with another acceptable payment method. Store Credit does not expire and we do not assess any service fees for non-use.
TOMS® reserves the right to refuse, cancel or hold for review any orders or customer accounts using a Gift Card or Store Credit or any Gift Card or Store Credit mistakenly issued in an incorrect denomination, to bill alternative forms of payment for suspected fraud in connection with a Gift Card or Store Credit, or to take any other action in connection with a violation of this Section 19.
Please note that Gift Cards/Store Credits and their redemption are each subject to change in the sole discretion of TOMS®, at all times in accordance with applicable law.
Any and all offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
21. TOMS Passport Rewards
ELIGIBILITY: TOMS Passport Rewards ("Program") is open to legal residents of the fifty (50) United States and District of Columbia, 13 years of age or older. Employees, officers and directors of TOMS are not eligible to participate. To prevent your Redeemable stamps (as defined below) from expiring, you must register for the Program (as noted below) and make at least one (1) purchase (no minimum amount required) on the Website or on TOMSSurpriseSale.com while logged into your TOMS.com account within a rolling 12-month period. Once you are a member of the Program, if you do not make a purchase on the Website while logged into your valid TOMS.com account within a rolling 12-month period, all of your accrued but unused Redeemable stamps will expire. Please note that redeeming a reward coupon code for free product does not qualify as a "purchase" for the purpose of this determination. VOID WHERE PROHIBITED BY LAW.
PROGRAM REGISTRATION: In order to be eligible to earn "stamps" (i.e. points), you must first create a TOMS.com account by completing the free registration process on the Website and agreeing to participate in the Program. Limit one (1) account per person/email address.
HOW TO EARN STAMPS: You can earn stamps as part of this Program by participating in various activities listed on the Website and on TOMS.com/Passport ("Rewards Website"), including, but not limited to, social media activities and product purchases (each, a "Qualified Activity" and, collectively, "Qualified Activities"). Each time you return to the Website to complete one or more Qualified Activities, you must login in order to receive credit for those completions. The types and duration of Qualified Activities will vary from time to time. The latest information about Qualified Activities will be available on the Rewards Website, so please check back regularly.
- Purchases: If you wish to earn stamps through purchases on the Website and/or on TOMSSurpriseSale.com, you will earn one (1) stamp for every USD $1 spent on qualifying purchases on the Website when you are logged into your Program account on the Website. Qualifying purchases include regular and sale priced merchandise, but exclude purchases of gift cards (both physical and electronic). Taxes and shipping and handling charges are also excluded when calculating qualifying purchase amounts. You will earn stamps on the qualifying purchase subtotal, after all discounts have been applied but before applicable taxes, shipping and handling. When products are returned for a refund to the original payment method, stamps will be deducted from your account for the amount of return net of taxes, shipping and handling when the product(s) is/are received at the TOMS warehouse (note: your account may have a negative balance if the dollar amount returned is greater than your current stamp account balance). When products are returned for store credit, stamps will not be deducted and the stamps accrued during the original purchase will remain in your account. Stamps may be earned on qualifying purchases when TOMS Gift Cards are redeemed.
- Other Qualified Activities: The number of stamps you can earn by completing a non-purchase Qualified Activity will be stated on the Rewards Website. There may be limitations placed on how often and/or how many total stamps you can earn by completing any Qualified Activity, and any such limitations will be stated on the Rewards Website.
Social Media Qualified Activities: If you wish to earn stamps through the various social media Qualified Activities listed on the Rewards Website, such as retweeting a tweet posted by @TOMS, reposting an eligible post on Instagram or otherwise sharing or reposting any eligible social media posts by TOMS, you must also be sure to include hashtag "#TOMSPassportRewards" as part of your retweet, post, repost or regram. Any retweets, reposts, posts and regrams that do not include "#TOMSPassportRewards" will not earn stamps. Note also that your TOMS account must be connected to your applicable social media accounts in order to earn stamps. As with other Qualified Activities, there may be limitations placed on how often and/or how many total stamps you can earn by completing any Social Media Qualified Activity, and any such limitations will be stated on the Rewards Website. You should be careful that your behavior when participating in any of these Qualified Activities will not be deemed "spamming" or in violation of any of the applicable social media platforms' terms and conditions. In the event TOMS determines, in its sole discretion, that you are abusing these Social Media Qualified Activities, your account may be terminated and any stamps earned for these Qualified Activities will be forfeited.
You agree not to abuse the Rewards Website and any social media platforms connected to the Program by conduct which is detrimental to the interests of TOMS, including without limitation, attempting to accrue stamps or redeem stamps in a manner inconsistent with these Rewards Terms or the intent of these Rewards Terms, attempting to earn stamps through illegitimate channels, participating in redemption fraud, or tampering with the Program or its tools.
TOMS reserves the right to add, modify and/or delete any Qualified Activity, the stamps you can earn in connection with completing any Qualified Activity and/or any limitation placed on total stamps you can earn in connection with any Qualified Activity. For a complete list of Qualified Activities and the corresponding number of stamps you can earn for each Qualified Activity, please visit the Rewards Website.
Stamps will be deposited into your account following confirmation of a completed Qualified Activity. Your stamp deposit and new balance will appear on the Rewards Website. You can go online and view your stamp balance at any time. Stamps cannot be transferred or redeemed for cash. Qualified Activity completions or registrations or stamps generated by script, macro or other automated means will be void. TOMS' decision with respect to the number of stamps accumulated are final and binding.
MEMBER LEVELS/STAMP LIFE CYCLE: There are three (3) levels within the Program which are determined by the number of stamps that you accumulate in your account (each, a "Member Level"). By creating an account, you will be automatically enrolled in the Program at the Dreamer Member Level. Earn at least 350 stamps and you will proceed to the Explorer Member Level. If you earn at least 1,000 stamps you will then qualify for the Trailblazer Member Level.
Once you reach a specific Member Level within the Program, you may receive exclusive benefits that are only available to members at that Member Level.
Stamps are divided into two life cycles: "Redeemable" and "Lifetime." Your Redeemable stamps are the number of stamps you have available to redeem rewards. This number decreases with each reward you redeem, and will increase with the completion of Qualified Activities. Your Lifetime stamps display the number of stamps that you have earned since you became a member of the Program. This number is the measure of your Member Level within the Program.
ACCOUNT CANCELLATION/STAMP EXPIRATION: Once you register for the Program, if you do not make a purchase on the Website or on TOMSSurpriseSale.com while logged into your TOMS.com account within twelve (12) months of your last purchase, TOMS shall expire your accrued but unused Redeemable stamps on or after the last day of your last activity. TOMS may, at its discretion, send you periodic notifications to remind you that your Redeemable stamps will expire upon the 12th month of inactivity. However, it is your responsibility to monitor your Program account and stamp status. Please note that making a purchase by redeeming a reward coupon code for free product does not qualify as a "purchase" for the purpose of this determination. (Please note that even if your Redeemable Stamps expire, your Lifetime Stamps will remain in your Program account and you will remain at your current Member Level.)
HOW TO REDEEM STAMPS: To redeem your stamps for a reward item, visit the Rewards Website and follow the directions provided. Each reward item has its own specific stamp value as set forth on the Rewards Website.
REWARDS: Please visit the Rewards Website for a current list of reward items. Once you redeem your stamps for a reward, your transaction cannot be reversed or refunded. Reward redemptions are final. Reward items will be provided on a first-come, first-serve basis and may be subject to availability, so once a reward item has been depleted such reward item may no longer be available. Additional terms and conditions may apply to Rewards and will be set forth on the Rewards Website. Except as may be set forth in Section 6 above, Reward items will be provided "as is" with no warranty or guarantee, either express or implied by TOMS. All reward item details are at the sole discretion of TOMS. You cannot transfer, substitute or redeem rewards for cash. TOMS reserves the right to substitute a reward item of comparable or greater value, at its sole discretion. You are responsible for all federal, state and local taxes as well as any other costs or expenses associated with a reward item not specified herein or on the Website as being provided. Rewards are considered taxable income and are subject to local, state and federal taxes. When the value of the reward items for which you have redeemed stamps reaches USD $600 or more in a calendar year, a 1099 tax form will be generated and mailed to you for tax reporting purposes. TOMS recommends that you keep all account statements sent to you when you redeem stamps for reward items for your record keeping purposes.
Reward items will be mailed to the mailing address provided at checkout or the email address provided in your Program account, as applicable. Please note that you may be charged shipping and handling fees as noted on the Website (during checkout) for any reward items mailed to you, unless a shipping promotion applies (if any). You are responsible for updating your registration information. No reward items will be shipped to destinations outside the United States. Rewards that can be delivered electronically will be delivered in approximately 48 hours from the date the redemption is fully processed. The Rewards Released Parties (as defined below) shall not be liable for any damages, losses or delays in connection with any shipments.
Reward coupon codes will be reflected in your Program account on the Rewards Website and also issued via email to the email address in your Program account. If a reward coupon code expires, the expiration date will be clearly disclosed and reward coupon code must be used by such expiration date or it will be void. Please follow the instructions provided along with the reward coupon code for your specific redemption instructions. Reward coupon codes will generally automatically be issued within 24 hours after your rewards redemption. Multiple reward coupon codes cannot be combined in a single order. Reward coupon codes are not redeemable towards purchases of gift cards (electronic or physical). The reward coupon code will be applied to the qualifying purchase subtotal, after all discounts have been applied but before applicable taxes, shipping and handling charges.
Reward coupon codes may only be redeemed by the Program member to whom the reward coupon code was issued. Reward coupon codes are not redeemable for cash. Reward coupon codes cannot be applied to previous purchases. Reward coupon codes may not be combined with any other discounts, promotions or offers, except for any shipping promotions available on the Website (if any).
The Birthday Surprise (as described more fully on the Rewards Website) may not be returned or exchanged and may not be redeemed for cash. Each Birthday Surprise will expire within 30 days of the date it is issued.
If you choose to use your stamps to help TOMS support one of its various charitable causes, your stamp donation will not be tax deductible to you. Decisions with respect to how stamps will be used for such causes will be determined by TOMS in its sole and absolute discretion.
Experiential rewards are subject to additional terms to be provided by TOMS.
DIGITAL CONTENT: If you redeem your stamps for any digital rewards, the following will apply to you:
PLEASE READ THE FOLLOWING TERMS OF THIS LICENSE CAREFULLY BEFORE INSTALLING ANY SCREENSAVERS, AVATARS OR OTHER SOFTWARE OR CONTENT PROVIDED BY TOMS IN CONNECTION WITH THIS PROGRAM (COLLECTIVELY, THE "DIGITAL CONTENT"). BY INSTALLING ANY DIGITAL CONTENT, YOU SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF THIS LICENSE AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE TO THIS LICENSE, DO NOT INSTALL THE DIGITAL CONTENT.
LICENSE FOR PERSONAL USE. TOMS grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable license to use, copy and install Digital Content in the United States solely for your Personal Use. "Personal Use" is defined as your private, non-commercial use of the Digital Content, including copying such to your hard drive or CD-ROM solely for back-up purposes.
You agree not to add to, subtract from or otherwise modify, translate, disassemble, decompile, reverse engineer, or create derivative works of the Digital Content. You may not rent, lease, sell, redistribute, sublicense or otherwise transfer the Digital Content for any reason. You may make only such copies of the Digital Content as are reasonably necessary for your Personal Use, and any copy made by you must bear the same copyright and any other proprietary notices that appear on the copy furnished by TOMS.
- PROPRIETARY NOTICES. You may not remove, disable or attempt to remove or disable any digital watermarks or other proprietary notices or markings that may be included with Digital Content.
- TITLE; OWNERSHIP. You agree that TOMS and its licensors shall retain ownership of all of its respective intellectual property rights, including but not limited to copyright, trademark or any other proprietary rights in and to the Digital Content and its components (including but not limited to images, audio, etc.) used to create such. This license is not a sale and does not render you the owner of the Digital Content. Ownership of the Digital Content and all components and copies thereof will at all times remain with TOMS and its licensors, regardless of who may be deemed the owner of the tangible media on which the Digital Content are copied, encoded or otherwise fixed.
- NO WARRANTIES & LIMITATION OF LIABILITY. PLEASE SEE SECTIONS 15 AND 16 ABOVE.
- EXCLUSIVE REMEDY. If you are dissatisfied with the Digital Content, your sole and exclusive remedy is to discontinue using the Digital Content.
- TERMINATION. TOMS may terminate this license to the Digital Content immediately if you fail to comply with its terms and conditions or for any reason in its sole discretion.
- REVISIONS AND MODIFICATIONS. TOMS reserves the right to make revisions and modifications to this license from time to time. In the event any such changes are made, they will be reflected here, so please check back regularly.
- GENERAL. This license supplements and is incorporated into the Terms and Conditions, and nothing in this license shall purport to limit such Terms and Conditions.
GENERAL CONDITIONS: This Program is not valid with in combination any other programs offered by TOMS. By participating in the Program, you (and, if an eligible minor, your parent or legal guardian) agree (i) to release, discharge, indemnify and hold harmless TOMS, its parents, subsidiaries, affiliates, retailers, advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, "Rewards Released Parties") from any liability or damages which may arise out of participation in the Program or out of the acceptance, use, misuse or possession of any Reward or products attained, achieved or received through this Program. All applicable federal, state and local laws and regulations apply.
The Rewards Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected stamps, reward requests, reward items or other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the tabulating of stamps, the announcement of the Rewards or in any Program-related materials. Persons found tampering with or abusing any aspect of this Program, who are acting in a disruptive or unsportsmanlike manner or who are otherwise not in compliance with these Terms and Conditions as solely determined by TOMS may be removed from the Program and all stamps will be void. The Rewards Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Program or downloading materials from or use of the Website.
TOMS reserves the right at any time to modify, suspend or cancel the Program at any time. Any changes TOMS makes will be effective immediately upon notice, which it may give either by posting the new Terms and Conditions on the Website or via e-mail to you. Your participation in the Program after such notice will be deemed acceptance of such changes, so please check back regularly for any updates and changes. Please see Section 1 for further details on this. All questions or disputes regarding the Program, including without limitation those involving eligibility, participation, fraud and abuse, will be resolved by TOMS.
Your participation in the Program constitutes permission for TOMS and its designees to use your name, biographical information, image, likeness and/or statements about the Program for advertising, trade, promotional and other purposes in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.
HOW TO CONTACT US: For information about your TOMS Passport Rewards account, to update your account information or to review the most recent terms and conditions, visit TOMS.com and login into your account.
Mon - Fri: 8am - 5pm PST
OnlineFollow Us @TOMSsupport
5404 Jandy Place
Los Angeles, CA 90066
Attn: TOMS Passport Rewards
Please have the email address you used to join TOMS Passport Rewards when you contact customer service.
22. General Legal Provisions
These Terms and Conditions are effective unless and until terminated by either you or TOMS®. You may terminate these Terms and Conditions as they apply to you at any time by ceasing to use the Website. TOMS® may terminate these Terms and Conditions at any time immediately and without notice, and accordingly deny you access to the Website, for any reason in its sole discretion; however, the provisions in these Terms and Conditions that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms and Conditions.
These Terms and Conditions shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts of the State of California, County of Los Angeles and/or the Central District of California.
Unless otherwise specified, the Website and Content are displayed solely for the purpose of promoting TOMS® products and services available in the United States. This Website is controlled and operated by TOMS® from its offices in California.
If any portion of these Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms and Conditions shall remain in full force and effect. The failure of TOMS® to insist upon or enforce strict performance by you of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
We may provide notice to you relating to the Website and/or these Terms and Conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms and Conditions and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to these Terms and Conditions and/or the Website must commence within one (1) year after the cause of action arises. You may not use the Website or export the Content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.
TOMS®'s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in this these Terms and Conditions is in derogation of TOMS®'s right to comply with law enforcement requests or requirements.
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