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The terms and conditions stated herein (this “Agreement”) govern all sales of products or services (“product(s)”) by Totem, Inc. (collectively, “we,” “us,” “our,” “Totem,” or “seller”) to you or the entity you represent (“you” or “buyer” or “customer”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor) and that if you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have the legal authority to bind that entity. Unless otherwise agreed to in writing by seller’s authorized agent, any terms and conditions contained in buyer’s purchase order or any other document that are different from or in addition to these terms and conditions are objected to, are rejected, and will not be binding on us. By placing an order for products from us, or by accepting delivery of the products described on the applicable packing slip, bill of lading and/or invoice received with the products, you agree to be bound by and accept these terms and conditions of sale.
We may change the terms and conditions of this Agreement in our sole discretion by posting an updated version of these terms and conditions at this location; provided, however, that the terms and condition of this Agreement in effect as of the date of an applicable order shall continue to govern such order and the products purchased thereunder.
Order Acceptance
Our presentation of Products and Services shall not be considered a binding offer, but rather an invitation to place an order. We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the process prior to delivery, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by Totem, payment must be received by Totem prior to acceptance of an order. Notwithstanding the foregoing, Totem may in its discretion choose to delay processing your payment up to the time your order has been shipped. Totem may process payment for and ship parts of an order separately.
Order Cancellation
Orders fully or partially processed by Totem may not be canceled by buyer.
Products not previously stocked as finished goods are both Non-Cancelable and Non-Refundable (“NC/NR”). NC/NR products include special orders, custom orders, bulk orders, or scheduled orders requiring special procurements.
Prices
Prices are exclusive of taxes, impositions and other charges, including: sales, use, excise, value added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent’s and broker’s fees, bank fees, consular fees, document fees and import duties.
Promotions, vouchers, special offers
All promotional offers, voucher codes, exclusive offers and special offers (“Offer(s)”) are subject to the terms and conditions of the associated Offer and may not be combined or used in conjunction with other Offers unless specifically permitted. Only one Offer may be used per order and such Offer is applicable to in-stock items only, unless otherwise agreed to by Totem. Totem reserves the right to decline orders where it determines in its sole discretion the Offer or use thereof is invalid. Purchases using an Offer must comply with the terms to qualify for the Offer and may be subject to additional conditions than those contained in these Terms of Sale as provided to you in connection with the Offer. Offers are not redeemable for cash.
Limited Edition
Totem may occasionally offer variations of a Product in limited quantities (“Limited-edition Products”). Offers may not be applied to the purchase of Limited-edition Products. Limited-edition Products may look and perform differently than their standard counterpart. Replacement of Limited-edition Products is subject to availability and may be replaced with a Product of similar kind, at Totem’s sole discretion.
Resale
Products sold through the Totem Website are not authorized for resale or import/export. The Website sells and ships Products to end-user customers only, and Totem reserves the right to refuse or cancel your order if we suspect you are purchasing products for resale or export. The resale of or offer to sell a Totem product without the authority of Totem is an infringement of Totem’s rights. Your submission of your order shall constitute your full acceptance of these restrictions on resale. Your purchase may not be sold, leased, or transferred to restricted countries; to restricted end users; or for restricted end uses according to applicable export and sanctions laws of the United States.
Payment Information
For your convenience, we offer a wide array of payment methods to complete your purchase as indicated to you at the point of sale. By providing a credit card or other payment method that we accept, you represent and warrant that: (1) all payment information is accurate; (2) you are authorized to use the designated payment method; and (3) you permit us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes, shipping charges (If any) and other charges). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order(s) may be suspended or canceled. Please note that some credit card companies, banks, and financial institutions may place an authorization or temporary hold on your account in connection with your purchase. Please contact your credit card companies, banks, or financial institutions directly to inquire about any such authorization or hold.
Taxes and Duties
To the fullest extent permitted by applicable law, you are responsible for any sales, use, value-added, or other governmental taxes, fees, or duties (collectively, "Taxes") due with respect to your purchase and use of Products and Services. Totem collects Taxes if we determine we have a duty to collect Taxes based on the type of Product or Service purchased, date of shipment, and the shipping address. We reserve the right to adjust the amount of Taxes collected for your purchase at any time prior to finalizing payment.
Shipping, risk of loss, and delivery
You agree to pay any shipping and handling charges shown at the time you place an order. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges if necessary. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. The number of days quoted for standard and express shipping refers to transit time only, additional time is required to proceed orders. Unless we state otherwise, risk of loss or damage to a Product passes to you upon shipment of the Product to your specified delivery location. You have fourteen (14) days from the delivery date to notify Totem of any missing, wrong, or damaged portion of your order.
Unauthorized Use of Products
We do not authorize our Products for use in critical safety or other applications where a failure may reasonably be expected to result in personal injury, loss of life, or catastrophic property damage. If you plan to use them for those purposes, you acknowledge you’re doing so at your own risk.
We do not authorize our Products for use outside of explicitly stated use cases on our Website, including indoor environments. Products failing to perform in unauthorized use cases does not constitute a valid Warranty claim.
In order to promote a safe and positive experience, the following conduct is strictly prohibited in connection with your access to and use of our Products and Services. Without limitation, you will not:
Totem Limited Warranty
Totem warrants your product against defects in materials and workmanship when purchased directly from Totem. This warranty is extended only to the original end-use purchaser or the person receiving the product as a gift and shall not be extended to any other person or transferee.
The warranty is valid from the date of retail purchase for a period of 1 year. In the case of a covered warranty defect, Totem will replace the product with an equivalent new product of verified quality.
Totem Products are built with live events in mind, and thus any functional defects resulting from acceptable uses of the product are eligible for warranty coverage during the coverage period.
This warranty does not allow replacements for the following reasons:
For warranty service on covered defects during the warranty period, contact Totem at the following email: tribe@totemlabs.com.
Prior to providing warranty service, Totem may require you to provide proof of purchase details, including but not limited to a receipt or order confirmation number, as well as a description of the defect and proof of the defect.
Acceptance of Products and Product Returns
You must notify Totem in writing of any intention to return Products within 14 days after delivery. After the 14th day, you are deemed to have accepted the Products and may not revoke acceptance. You cannot return Products after this window, however your Products may be eligible for replacement under our Warranty policy.
Products may be returned for a refund by shipping them to the following address in their original, unopened, and undamaged packaging:
651 E 4th Street, Suite 200
Chattanooga, TN 37403
Limitation of Liability
In no event shall Totem or its affiliates, licensors, vendors, or any of their respective directors, officers, employees, agents, or other representatives be liable to you or any other person or entity for any damages, whether direct, indirect, special, incidental, consequential, punitive, or otherwise (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection with the products, services, or the website, whether or not Totem has been advised of the possibility of such damages and whether based upon warranty, contract, tort (including negligence), strict liability, violation of statute, or otherwise. This exclusion of liability shall apply to the fullest extent permitted by law. In any event, our aggregate liability will not exceed the amount paid for the product to which the claim relates.
The foregoing limitations are fundamental and material elements of the basis of the agreement between Totem and you and will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.
Force Majeure or Forces Beyond Our Control
Notwithstanding anything else in this Agreement, no default, delay, or failure to perform on the part of Totem will be considered a breach of this Agreement if such default, delay, or failure to perform is shown to be due to causes beyond reasonable control of Totem, including, but not limited to, causes such as strikes, lockouts or other labor disputes, riots, civil disturbances, actions or inactions of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy, nuclear disasters, foreign or domestic terrorism, satellite constellation blackouts, critical levels of solar wind or cosmic radiation, critical changes in the geomagnetic field, or default of a common carrier.
Product Information
Product information, including information related to a Product’s specifications, export/import control classifications, uses or conformance with legal or other requirements, is obtained by Totem from its suppliers, manufacturers, or other sources. Such information is provided by Totem on an “AS IS” basis. Totem makes no representation as to the accuracy or completeness of the Product information, and disclaims all representations, warranties and liabilities under any theory with respect to the Product information, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. All Product information is subject to change without notice. Totem is not responsible for typographical or other errors or omissions in Product Information.
Export Compliance
Items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) identified in the invoice. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), without first obtaining approval from the U.S. Government or as otherwise authorized by U.S. law and regulations. Buyer agrees to comply with all applicable export control laws, restrictions and regulations of the United States, and shall not export, or transfer for the purpose of re-export, any product to any embargoed country or region, including but not limited to Cuba, the Crimean Region of Ukraine, the Donetsk People’s Republic, the Luhansk People’s Republic, Iran, North Korea, and Syria, or to any denied, blocked, or designated person or entity as mentioned in any such United States law or regulation. Buyer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List, as identified by the U.S. Treasury Office of Foreign Asset Control (OFAC) and by the U.S. Department of Commerce, Bureau of Industry and Security (BIS), or any other United States list of prohibited persons; is not owned or controlled by any person that is on the OFAC list, or is otherwise prohibited by United States law from purchasing the products or services hereunder. Buyer shall be solely responsible to obtain any license to export, re-export or import as may be required. Buyer also agrees that it will not use these products in connection with the proliferation of weapons of mass destruction, including missiles, nuclear, chemical or biological weapons.
General
a. The laws of the State of Tennessee will exclusively govern any dispute between Totem and Customer.
b. Statements or advice (technical or otherwise) if given without charge, are an accommodation to Customer and Totem has no responsibility or liability for the content or use of such statements or advice.
c. Totem’s failure to object to any document, communication, or act of Customer will not be deemed a waiver of any of these terms and conditions.
d. The unenforceability of any of these terms or conditions will not affect the remainder of the terms or conditions.
e. Customer and Totem will comply with applicable laws and regulations.
Contact Us
If you have questions about these Terms & Conditions, please contact us via our Contact Page.
