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THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TOYOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASSACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM https://www.totemlabs.com/ OR https://www.totemlabs.shop/ (COLLECTIVELY, THE "WEBSITE"), YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TOTEM, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through the Website.These Terms are subject to change by Totem, Inc. (referred to as "Totem","us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Website, and you should review these Terms before purchasing any product or services that are available through the Website. Your continued use of the Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of our Website Terms of Use that apply generally to the use of https://www.totemlabs.com/. You should also carefully review our Privacy Policy before placing an order for products or services through the Website.
1. 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 tosell 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 delayprocessing 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 theoption to cancel your order at any time before we have sent your order confirmation email.
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.
2. 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 theright 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.
3. 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.
4. 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 fourteen (14) 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") number by sending an email to shop@totemlabs.com. No returns of any type will be accepted without an RMA number.
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. All returns are subject to a 10% restocking fee.
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 USED.
5. 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 maybe 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.
6. Limited Edition
Totem may occasionally offer variations of a product in limited quantities (“Limited-editionProducts”). 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-editionProducts is subject to availability and may be replaced with a product of similar kind, at Totem’s sole discretion.
7. 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:
8. 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 ourreasonable control.
(d) What Is the Period ofCoverage?
This limited warranty starts on the date of your purchase and lasts for ninety (90) days (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 YourRemedies 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 visit 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.
9. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees)arising out of or relating to your use of the products or services except as expressly authorized in these Terms of Sale, including, without limitation, any bodily injury or death.
10. Goods Not for Resale or Export
You agree to comply with all applicable local, state, federal and international laws including all Export Regulations, as defined below. You represent and warrant that you are buying products for your own personal or household use only, and not for resale or export. Products and services purchased from the Website may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, SubtitleB of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R.768-799) for which ECRA is permanent statutory authority, the InternationalTraffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
11. Updates
We may issue software updates for the products from time to time. Totem will provide a link to update your product's software either by email, through yourTotem account, on a webpage, or via other methods as communicated by Totem. Cellular data or internet is required to access software updates. Please note that your device may not be accessible or function properly until you accept an update.
12. Intellectual Property Use and Ownership
You acknowledge and agree that any software required for use of the products marketed on the Website is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement made available to you through a link accompanying the display or description of that specific product or service. You will comply with all terms and conditions of the specific license agreement for any such software or software update you obtain through theWebsite, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
Totem is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on the Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under any software license agreement that accompanies a product. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through the Website, or of any intellectual property rights relating to those products or any software.
13. Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
14. Force Majeure
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("ImpactedParty") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a)acts of God; (b) flood, fire, earthquake, pandemic, epidemic or explosion; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e)embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of theImpacted Party. The Impacted Party shall give notice within seven (7) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this Section, either party may thereafter terminate this Agreement upon written notice.
15. Governing Law and Jurisdiction
(a) YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING,PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW,INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association("AAA") in accordance with the Consumer Arbitration Rules (the "AAARules") then in effect, except as modified by this Section. (The AAARules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision ofthis arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
17. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section on is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
18. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Totem.
19. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
20. Notices
(a) To You. We may provide any notice to you under these Terms by: (i)sending a message to the email address you provide or (ii) by posting to theWebsite. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by sending a message to shop@totemlabs.com.Notices provided by email will be effective when sent.
21. Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
22. Entire Agreement
These Terms, the license agreement relating to any product or software you obtain on or through the Website, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Contact Us
If you have questions about these Terms & Conditions, please contact us via our Contact Page.
