Welcome to our website tomcie.com ("the site"). These Terms and Conditions govern the access to and use of the site. The site is operated by Tomcie Group S.A. de C.V. (TOMCIE).
The following sections explains that the terms and conditions apply to the use of the website and purchase of the products, and that they may be updated from time to time.
By using our site, you agree to be bound by the following terms and conditions. Please read them carefully before using our site.
Lawful Use: Our website must be used for lawful purposes only. You may not use the site to engage in any illegal activities or post content that is offensive, obscene, or defamatory.
Prohibited Activities: You may not engage in any activities that may damage our website or interfere with other users' access or use of the site. This includes hacking, spamming, sending viruses, or attempting to gain unauthorized access to the website.
Intellectual Property: All content on our website, including images, text, and logos, is protected by intellectual property laws. You may not use this content without our permission.
Registration: If you create an account on our website, you agree to provide accurate and up-to-date information. You are responsible for maintaining the confidentiality of your account information and for any activity that occurs under your account.
User Content: If you post content on our website, such as comments, reviews, or forum posts, you agree to follow our guidelines for posting content. You may not post content that is unlawful, harmful, or offensive, and you may be held liable for any content that violates these terms.
Privacy: We collect and use your personal information in accordance with our privacy policy. By using our website, you agree to the terms of our privacy policy.
Termination: We reserve the right to terminate your access to our website at any time, for any reason, including for violation of these terms and conditions.
Disclaimers: We make no warranties or representations about the accuracy, completeness, or reliability of the content on our website. You use our website at your own risk and should take appropriate precautions to protect your devices and personal information.
By using our website, you agree to abide by these terms and conditions. If you do not agree to these terms, please do not use our website.
By placing an order on our website, you are making an offer to purchase the products listed in your order.
Product Availability: All orders are subject to product availability. If an item is out of stock or unavailable, we reserve the right to cancel your order or suggest an alternative product.
Order Confirmation: Once you have placed an order, you will receive an email confirmation with your order details, including the products ordered, pricing, and shipping information. This confirmation email does not guarantee that we have accepted your order.
Acceptance of Order: We reserve the right to accept or reject your order at any time, for any reason. If we accept your order, we will send you a separate email confirming the acceptance and the products ordered.
Pricing and Payment: The price for each product is listed on our website in the currency of your country. Prices may change without notice, but the price listed at the time of your order will be honored. Payment must be made in full at the time of order placement. We accept major credit cards and PayPal.
Shipping: Shipping fees are calculated based on the destination country, shipping method, and order weight. Shipping times vary depending on the destination country and shipping method. We are not responsible for any delays or issues caused by shipping carriers or customs.
Order Tracking: Once your order has shipped, you will receive a tracking number via email, which you can use to track your package online.
Order Changes or Cancellation: If you need to make changes to your order, please contact us as soon as possible. We may be able to make changes if your order has not yet shipped. If you wish to cancel your order, please contact us immediately. We cannot cancel an order once it has shipped.
Order Status: You can check the status of your order at any time by logging into your account on our website.
By placing an order on our website, you agree to these terms and conditions, as well as any additional policies or guidelines posted on our website.
The content on our website is provided on an "as is" and "as available" basis without any warranties or representations, express or implied. We make no warranties or representations about the accuracy, completeness, or reliability of the content on our website, including any product descriptions, pricing, or availability.
We do not warrant that our website will be error-free, uninterrupted, or free from viruses or other harmful components. We cannot guarantee that the information or materials on our website will meet your needs or expectations.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our website or any content on it will always be available or be uninterrupted. Access to our website is permitted on a temporary basis, and we may suspend, withdraw, discontinue or change all or any part of our website without notice.
You acknowledge and agree that any reliance on the content of our website is at your own risk. We shall not be liable for any damages arising from the use of our website, including but not limited to direct, indirect, incidental, punitive, or consequential damages.
This disclaimer of warranties applies to the fullest extent permitted by law and is subject to any applicable laws or regulations governing consumer rights.
To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or in connection with your use of the website or the products purchased through the website.
You agree that the Company's total liability to you, whether in contract, tort (including negligence), or otherwise, shall not exceed the purchase price of the product(s) giving rise to the liability.
The Company shall not be liable for any delay or failure to perform its obligations under these terms and conditions if the delay or failure is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, fire, flood, or other natural disaster.
This limitation of liability shall apply even if the Company has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you."
In this example, the "Limitation of Liability" section specifies that the company will not be liable for any damages arising from the use of the website or the products purchased through the website, except for the purchase price of the product(s) giving rise to the liability. It also explains that the company will not be liable for any delays or failures to perform its obligations under these terms and conditions due to causes beyond its reasonable control.
The section also acknowledges that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, and therefore this limitation of liability may not apply to all users. Overall, this section aims to limit the company's liability to the extent permitted by law and to protect the company from claims for damages that may exceed the purchase price of the product(s) purchased through the website.
If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired in any way. The parties agree to replace any invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves, to the extent possible, the same economic, business, and other purposes of the invalid, illegal, or unenforceable provision.
These terms and conditions, together with any other policies, guidelines, or agreements referenced herein, constitute the entire agreement between you and TOMCIE with respect to the use of this website and the purchase of any products. This agreement supersedes any prior or contemporaneous agreements, understandings, or communications, whether written or oral, between you and TOMCIE. Any waiver of any provision of this agreement will be effective only if it is in writing and signed by TOMCIE."