Refund policy

Hey there, Totem Tribe 🫶

At Totem, we're all about making live events safer, more immersive, and more beautiful. Everything we create, from our products all the way to our warranty + refund policies, are guided by four principles: Love, Unity, Simplicity, & Beauty--and that will never change.

Here's the lowdown on our warranty and refund policy, designed to keep things simple and fair for you.

 

Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order will not take place unless and until you have received your order confirmation email. Please note that we may choose to delay processing your payment up to the time your order has been shipped. We may also process payment for and ship parts of your order separately. You have the option to cancel your order at any time before we have sent your order confirmation email.

Prices and Payment Terms.

(a)            All prices posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling, including, without limitation, document fees and import duties. When possible, all such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(b)            Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. If your 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 company, bank, or financial institutions directly to inquire about any such authorization or hold.

Shipments; Delivery; Title and Risk of Loss.

(a)            We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

(b)            Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds.

Except for any products designated on the Website as non-returnable, we will accept a return of unused products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within sixty (60) days of delivery and provided such products are returned in their original condition and packaging. To return products, you must obtain a Return Merchandise Authorization ("RMA") by sending an email to shop@totemlabs.com. No returns of any type will be accepted without an RMA.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

Refunds are processed within approximately seven (7) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE WEBSITE AS NON-RETURNABLE OR THAT HAVE BEEN DAMAGED.

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:

·       abuse, threaten, intimidate, stalk, harass, or harm another individual;

·       track another individual’s location or heading without their consent;

·       alter or tamper with any materials on or associated with our products;

·       attempt to circumvent any technological measure implemented by us;

·       attempt to decipher, decompile, disassemble, or reverse engineer any of the hardware, software or other underlying code used in our products;

·       disrupt, overwhelm, attack, modify or interfere with the product’s functionality or its associated software, hardware, or networks in any way;

·       impede or interfere with others’ use of the product;

·       infringe upon our intellectual property or privacy in any way;

·       impersonate any person or entity or perform any other similar fraudulent activity;

·       submit dishonest product reviews, testimonials, or other feedback;

·       take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our networks;

·       transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the functioning of the product;

·       violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

·       violate any law or regulation;

·       use our products in any manner other than that intended; or

·       advocate, encourage, or assist any third party in doing any of the foregoing.

LIMITED WARRANTY

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. 

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

 

(a)      Who May Use This Warranty?

This limited warranty extends only to the original purchaser of products from the Website. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.

 

(b)      What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from the Website.

 

(c)       What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

(i)             transportation;

(ii)           storage;

(iii)          improper use;

(iv)          failure to follow the product instructions or to perform any preventive maintenance;

(v)           modifications;

(vi)          combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Totem;

(vii)         unauthorized repair;

(viii)        normal wear and tear; or

(ix)          external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

 

(d)      What Is the Period of Coverage?

This limited warranty starts on the date of your purchase and lasts for one (1) year (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

 

(e)      What Are Your Remedies Under This Warranty?

With respect to any defective products during the Warranty Period, we will replace such products (or the defective part) free of charge. We will also pay for shipping and handling fees to return the replacement product to you.

 

(f)       How Do You Obtain Warranty Service?

To obtain warranty service, you must email us at shop@totemlabs.com during the Warranty Period. 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.

 

(g)      Disclaimer; Limitation of Liability

TOTEM NEITHER REPRESENTS NOR WARRANTS THAT OUR PRODUCTS WILL PREVENT ANY LOSS, DAMAGE OR INJURY TO PERSON OR PROPERTY, OR THAT OUR PRODUCTS WILL IN ALL CIRCUMSTANCES PROVIDE THE SERVICE FOR WHICH IT IS INTENDED. YOU ACKNOWLEDGE AND UNDERSTAND THAT OUR PRODUCTS ARE NOT PERSONAL EMERGENCY RESPONSE DEVICES AND ARE NOT DESIGNED OR GUARANTEED TO PREVENT ANY LOSS OR INJURY. EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN THIS SECTION 8, TOTEM HAS MADE NO OTHER REPRESENTATION OR WARRANTIES, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FORANY PARTICULAR USE.  IN NO EVENT SHALL WEBE LIABLE FOR (I) ANY INJURY OR DEATH INCURRED BY ANY USER OF THE PRODUCT, (II)DAMAGE TO REAL OR PERSONAL PROPERTY; OR (III) FAILURE OF ANY PRODUCT TO OPERATE AS INTENDED. YOUR EXCLUSIVE REMEDY FOR TOTEM'S DEFAULT HEREUNDER IS TO REQUIRE TOTEM TO REPLACE ANY PRODUCT WHICH IS DEFECTIVE.

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.