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Terms of Sale Agreement

as of December 01 2023

These terms of sale (the “Terms”), constitute a legally binding contract between you (“visitor” “Customer” “you” or “your”) and TogDrop Solutions, LLC. (“TogDrop Solutions,” “TogDrop,” “us,” “we,” or “our”) that governs your purchase of any and all products and/or services (collectively, “item(s)”) made on or through the TogDrop Solutions website, currently located at https://togdrop.com (including any sub-domains, subpages, directories, or mobile versions of the website), and all TogDrop Solutions mobile applications and online services (collectively the “Site”).

1. Acceptance of Terms

By placing an order for Items through the Site (an “Order”), you agree to be bound by these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT ORDER ITEMS FROM OUR SITE.  Additionally, by placing an Order through the Site, you represent that you are at least 18 years old and have the legal capacity to enter into a binding contract with TogDrop. If you are purchasing Items on behalf of a business, by accepting these Terms, you confirm that you have the authority to bind such business to a contract with TogDrop.

Your purchase of Items through the Site is also subject to the TogDrop.com Terms of Use and TogDrop Privacy Policy, both of which are incorporated in their entirety into these Terms by this reference. In the event of a conflict between the Terms of Use and these Terms, these Terms shall prevail. PLEASE READ THE TERMS OF USE CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING A REQUIREMENT THAT DISPUTES BETWEEN YOU AND TOGDROP BE RESOLVED THROUGH ARBITRATION ON AN INDIVIDUAL BASIS.

These Terms apply solely to Items that you purchase on or through our Site and do not extend to any Items that you may purchase at any retail or other online locations (websites). You understand that other locations (websites) may have policies and terms of sale that differ from these Terms, and we make no guarantees that such policies in effect within those locations (websites) are consistent with these Terms or vice versa.

2. Pricing and Payment

The prices listed for Items available through the Site do not include shipping, handling, taxes, or mandated state retail delivery fees, if applicable. Prior to you submitting your credit card or other payment method, we will add all applicable shipping, handling, taxes, and mandated state delivery fees to the price for the Items you are purchasing. You will have an opportunity to review the shipping, handling, taxes, and mandated state retail delivery fees before you complete your Order. Each item in your shopping cart is shown at the current price. The Site does not have a price match guarantee. If you have questions regarding the price of an item or the associated shipping, handling, taxes, or mandated state retail delivery fees, please contact Customer Service.

We offer different payment options as identified on our Site. We reserve the right to change our payment options at any time and for any reason in our sole discretion. All orders must be pre-paid before shipping. Pricing is for individual consumers. If you want to purchase for commercial use, please contact us directly.

3. Placing Orders

By placing an Order for a TogDrop product, you understand these products are manufactured by us using a 3-D Printer with a design we created. Our brand and products are patent pending and subject to a trademark application. (See more information below concerning 10. Intellectual Property).

To place an Order for Items through the Site, you must add the Items to your shopping cart and complete the check-out process, including providing us with a name, valid mailing address, email, and payment information. Once an Order is submitted, you may not change or cancel that Order. For information on how to return Items you may have ordered in error, please see our contact information below.  We are not responsible for any Order processed using incorrect information you provided. The risk of loss of any purchase through the Site passes to you upon delivery to the carrier.  After you submit your Order, we will provide you with an Order Confirmation through the Site and to the email address that you provided to us. The Order Confirmation means that your Order request has been received by us; it does not mean that your Order has been accepted or shipped or that the price or availability of an item has been confirmed.

4. Shipping and Handling

TogDrop Solutions, LLC (“TogDrop”) will make commercially reasonable efforts to ensure the timely delivery of the purchased products to the address specified by the Customer in the Order. Delivery dates are estimates and not guaranteed. 

Standard shipping costs are included in your purchase. If the Customer needs special delivery or overnight services, we reserve the right to charge additional shipping fees, which will be discussed on an as needed basis.  Shipping costs will be clearly communicated to the Customer during the checkout process and added to the total purchase amount. The risk of loss or damage to the products passes to the Customer upon delivery. It is the Customer’s responsibility to inspect the products upon receipt and promptly notify TogDrop of any issues. For international shipments, the Customer is responsible for any customs duties, taxes, or other fees imposed by the destination country. TogDrop is not liable for any delays or additional costs incurred due to customs procedures.

 

5. Return Policy and Warranty

TogDrop Solutions, LLC (“TogDrop”) stands behind the quality of its products. In the event that the Customer receives a defective or damaged product, TogDrop will, at its discretion, replace or repair the product. Customers must notify TogDrop within 10 days of receiving the products to qualify for a replacement or repair.

For non-defective products, TogDrop accepts returns within 10 days of the delivery date, subject to the following conditions:

  • The products must be in their original condition and packaging.
  • The Customer is responsible for return shipping costs.
  • The Customer will not be given credit until TogDrop receives the Item.

TogDrop offers a limited warranty on its products for a period of one year from the date of delivery. The warranty covers defects in materials and workmanship. This warranty does not cover damage caused by misuse, neglect, or unauthorized modifications.

To initiate a return or warranty claim, the Customer must contact TogDrop at [info@togdrop.com or 470-416-9593]. TogDrop will provide instructions on the return process and may require supporting documentation, such as photographs or a description of the issue.

TogDrop warrants that goods supplied pursuant to the Order shall conform to the description therein stated and shall be free from defects in material or workmanship. TogDrop DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.

Promo Codes, Coupons, Rebates

You may only use promo codes and coupons that specifically state they are valid for use with the Site. Promo codes and coupons may be subject to certain limitations, including but not limited to limits on the number of redemptions, quantities purchased, eligible Items, and geographic location, as well as being subject to expiration. You also understand that coupons offered through other locations may not be valid for use on our Site and coupons offered through the Site may not be valid for use within other locations. We reserve the right to refuse to honor any promo code or coupon if we determine, in our sole discretion, that the promo code or coupon has expired, the Items ordered are ineligible, or that the promo code or coupon is unauthorized, fake, fraudulent, or otherwise invalid.

7. Order Restrictions

We reserve the right to reject an Order, at any time, and for any reason, in our sole discretion, including if you have not met the conditions specified at the time of the Order, if your payment cannot be processed, if the ordered Items are not available, or for errors on the Site or made in connection with your Order.

We further reserve the right to restrict and/or prohibit orders by or from third-party marketplaces, resellers, and drop shippers.

We may place a limit on the quantities of Items that may be purchased per Order, per account, per credit card, per person, per email, or per household. If we are unable to supply the Items that you ordered, we may ship those Items you ordered that we could supply and will charge you the price, shipping, handling, taxes, and fees applicable to the adjusted Order. In the event, that an item you ordered is not available but an alternative but similar item is available, we may contact you and offer you the option of replacing the ordered item with its alternative. If you do not choose to purchase the alternative item, we will cancel that item from your Order. In the event of an error on the Site or made in connection with your Order, we reserve the right to correct the error and charge you the correct price or cancel the Order.  If our decision is to correct the pricing, we will contact you and offer you the option of purchasing the item at the correct price or canceling your Order.

8. Limitations on Damages

TogDrop shall not be liable to Customer for any lost profits or other economic loss of Customer, or any direct, indirect, special, consequential, incidental or other similar damages arising out of any breach of this Agreement by TogDrop, any obligations of TogDrop pursuant to this Agreement or the failure of the goods to perform in any particular manner.

9. Errors on the Site

TogDrop seeks to describe and display its products accurately on the Site. However, you understand and acknowledge that despite these efforts, the descriptions, images, references, features, content, specifications, and prices of Items described or depicted on the Site may be incorrect or out of date at any given time. We reserve the right to make changes to the Site at any time, including correcting any errors or omissions and updating information at any time without notice or liability to you. We attempt to display the product images shown on the Site as accurately as possible. However, we cannot guarantee that the color you see matches the actual product color, as the display of the color depends, in part, upon the monitor you are using.

10. Intellectual Property

Ownership belongs to TogDrop Solutions, LLC (“TogDrop”), which retains full ownership and control of all intellectual property rights associated with the products and services provided under this agreement.  This includes but is not limited to, patents, trademarks, copyrights, trade secrets, and any other information.  The Customer agrees to take all the necessary measures to protect TogDrop’s Intellectual Property rights. Any unauthorized use, reproduction, or disclosure of TogDrop’s intellectual property is strictly prohibited and result in legal action.

11. Limitation of Liability

In no event shall TogDrop Solutions, LLC (“TogDrop”) be liable to the Customer for any indirect, consequential, exemplary, special, incidental, or punitive damages, including, but not limited to, lost profits, loss of production, business interruption, or goodwill. TogDrop ‘s total liability to the Customer is expressly limited to the lesser of:

(A) Direct damages proven by the Customer; or
(B) The amount paid by the Customer to TogDrop for the specific products giving rise to the cause of action.

This limitation of liability applies, to the extent permitted by applicable law, to all causes of action and claims, including but not limited to breach of contract, warranty, infringement, negligence, strict liability, and other torts.

Without limiting the generality of the foregoing, TogDrop shall not be liable for any damages that could have been avoided by the Customer’s use of reasonable diligence. It is expressly understood that TogDrop is not responsible for any injuries or damages arising out of the use of its products.

12. Law and Procedure

This Agreement and the transaction described therein shall be subject to, construed under, and enforced according to the laws of the State of Georgia. Any action in regard hereto or arising out of the terms and conditions hereof shall be instituted and litigated in the courts of the State of Georgia and no other. In accordance herewith, the undersigned hereby submits to the jurisdiction and venue of the courts within the County of Cobb, State of Georgia. Customer and TogDrop hereby waive the right to a jury trial in any action, proceeding, or counterclaim arising out of this Agreement, or the transaction described therein. 

TogDrop shall not be deemed to have waived any rights under this Agreement or the Order unless such waiver is given in writing and signed by TogDrop. No delay or omission on the part of TogDrop in exercising any right shall operate as a waiver of such right or any other right. A waiver by TogDrop of a provision of this Agreement or the Order shall not prejudice or constitute a waiver of TogDrop’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement or the Order. Neither prior waiver by TogDrop nor any course of dealing between Customer and TogDrop shall constitute a waiver of any of TogDrop’s rights or of any of Customer’s obligations as to any future transactions. Whenever the consent of TogDrop is required under this Agreement or the Order, the granting of such consent by TogDrop in any instance shall not constitute continuing consent to subsequent instances where such consent is required, and in all cases, such consent may be granted or withheld in the sole discretion of Customer.

13. Miscellaneous

These Terms, including the Terms of Use, policies and information linked from or incorporated herein, constitute the entire agreement between you and TogDrop with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. For avoidance of doubt, any communications, emails, promotions, flyers, or other marketing materials that you may receive from TogDrop or any employee or agent of TogDrop, via the Site or from another location will not be deemed to be a modification or amendment of these Terms. You may not assign, transfer, or otherwise dispose of your rights and obligations under these Terms, in whole or in part, at any time. Our failure to enforce any of the provisions of the Terms or to exercise any rights or remedies under the Terms will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance. If any provision of the Terms is held to be invalid, illegal or unenforceable, such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of you and TogDrop, and the remaining provisions shall remain in full force and effect.

14. Contact Us 

We welcome any feedback and suggestions for improvements to the Site, as well as any questions, issues, concerns or other inquiries related to the Site. Please feel free to contact us at any time. Alternatively, you may reach us at our mailing address as follows:

togdrop.com\ Attention Customer Service\ 1585 Bullard Rd\ Powder Springs, Ga 30127

 

 

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