Terms Of Sale
Effective Date: 12 August 2024
These Terms of Sale constitute a legal agreement that governs the relationship with users and others (“you”) who interact with Grifalop Limited, 705, Spyrou Araouzou & Koumantarias, Fayza House, 5th floor, office No.: 2, 3036, Limassol, Cyprus, and our subsidiaries and affiliates ("Taimi," "we," or "us") in connection with the use of shop.taimi.com and/or other websites ("Websites") for the purpose of purchase of products proposed by Taimi.
THESE TERMS OF SALE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 12 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You represent and warrant that you have the legal capacity to agree to these Terms of Sale and enter into contracts.
The products available on Websites are only accessible within the United States. If we receive an order and delivery request outside the United States, we reserve the right to decline or cancel such an order.
Taimi also reserves the right to update the products that are available on the Websites at any time for any reason. We may occasionally run out of certain products, and we do not guarantee that the products listed as available are indeed in stock. Please refer to our Orders section below for details on the ordering procedure.
An order can be placed on our Websites by following the online purchase process. Before finishing your purchase, check all the details in your shopping bag during the checkout procedure. Once your order is placed, we will notify you through the Websites and/or otherwise.
Upon placing an order, you may be requested to provide us with your personal, payment, and delivery details. By sharing such information, you agree that is your obligation to provide complete, accurate, true, and up-to-date information. If, due to the inaccurate information you provided, the product was not delivered, Taimi shall not be held responsible.
You also give us permission to use the information you enter to facilitate transactions, including sharing that information with third parties. Your personal data will be handled in compliance with our Privacy Policy's provisions.
We reserve the right, in our sole discretion, to reject or cancel any order at any time, even if it was previously accepted, and shall not be held liable.
Products may only be delivered within the continental United States. We exclude Alaska, Hawaii, and any other U.S. possessions or territories. Please also note that we do not deliver to some addresses, such as PO boxes, pick-up points, hotels, hospitals, APO/FPO, etc.
During the ordering process, you will be prompted to choose the shipping option. Depending on the delivery provider selected, delivery prices vary. Note that delivery is always subject to obtaining your payment in full.
When the product is delivered to you by the carrier of your choice listed on the Websites, the title and risk of loss of the purchased product pass to you. In no case will Taimi be held responsible for any shipping-related delays or liabilities, nor will the carrier be seen as Taimi's agent.
Unless specified otherwise, all prices displayed on the Websites are in U.S. dollars and exclude taxes. Upon finalizing the order, you will see the final (total) price, including applicable taxes, shipping, and other fees.
The prices displayed on the Websites are valid at the time of purchase. We reserve the right to modify prices at any time without prior notice, but any adjustments will not impact orders that have already been confirmed.
We take all reasonable measures to ensure that product prices, shipping costs, and other fees are accurate and up-to-date when displayed on our Websites. However, updates to shipping costs and changes to applicable regulations that may affect the taxes on your order are beyond our control. In such cases, we will notify you promptly.
We accept the payment options listed on the order webpage on the Websites. Payment is only accepted in U.S. dollars.
You hereby acknowledge and agree that all intellectual property rights, including but not limited to copyrights, trademarks, logos, and other related rights concerning the Websites’ content, are registered and unregistered trademarks of Taimi or those who have granted us the rights to use them, and that all intellectual property rights belong to the corresponding owner.
All products that Taimi proposes can be purchased exclusively on our Websites. You should be aware of counterfeits and other unauthorized websites and channels where products can be sold.
These Terms of Sale shall remain in full force and effect while you use the Websites.
We reserve the right, at our sole discretion and with or without notice, to prevent you from using or accessing our Websites for any reason or no reason at all. You hereby understand and agree that as a result of such cessation, we shall not be accountable to you or any third party.
TAIMI PROVIDES THE SITES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE USE OF WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
ALL PRODUCTS SOLD THROUGH OUR WEBSITE ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES FROM US, EITHER EXPRESS OR IMPLIED. SINCE WE DO NOT MANUFACTURE THE PRODUCTS BUT ACT AS A RESELLER, WE ARE NOT RESPONSIBLE FOR ANY DEFECTS OR ISSUES WITH THE PRODUCTS. ANY CONCERNS REGARDING THE QUALITY OR FUNCTIONALITY OF THE PRODUCTS SHOULD BE ADDRESSED DIRECTLY WITH THE MANUFACTURER, WHO PROVIDES THE WARRANTY AND IS RESPONSIBLE FOR RESOLVING SUCH ISSUES.
TAIMI (i) DOES NOT GUARANTEE THE FUNCTIONALITY, DURABILITY, OR SUITABILITY OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE, (ii) DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FOR MORE INFORMATION ABOUT EXCHANGES AND RETURNS, PLEASE REFER TO OUR REFUND POLICY.
You agree to defend, indemnify and hold Taimi, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses, or demand, including reasonable attorney's fees, due to or arising from (i) your use of or access to the Websites; (ii) your violation of any of the terms of these Terms of Sale, including without limitation your breach of any of the representations and warranties above, (iii) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; or (vi) your violation of any applicable laws, rules or regulations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAIMI BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL TAIMI'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OF SALE OR THE PURCHASE OF ANY PRODUCT, EXCEED THE PRODUCT PURCHASE PRICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS, AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
The laws of the State California, excluding its conflicts of law rules, govern these Terms of Sale and your use of the Websites. Your use of the Websites may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in State of California, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
PLEASE READ THIS SECTION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT WHERE PROHIBITED BY LAW.
YOU AND TAIMI, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS OF SALE OR USE OF THE WEBSITES, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
A party that intends to seek arbitration must first send to the other a written notice of intent to arbitrate (a "Notice") by an international courier with a tracking mechanism or, in the absence of a mailing address provided by you to us, via any other method available to us, including via e-mail. The Notice to the Company must be addressed to 705, Spyrou Araouzou & Koumantarias, Fayza House, 5th floor, office No.: 2, 3036, Limassol, Cyprus (as applicable, the "Arbitration Notice Address"). The Notice shall (i) describe the basis and nature of the claim or dispute; and (ii) set the specific relief sought (the "Demand"). If you and the Company do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or we may commence an arbitration proceeding as set forth below or file an individual claim in small claims court. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL EXCLUSIVELY ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THESE TERMS OF SALE. If you are required to pay a filing fee to commence an arbitration against Taimi, then Taimi will promptly reimburse you for your confirmed payment of the filing fee upon Taimi's receipt of a Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
The arbitration shall be in English. A single independent and impartial arbitrator with their primary place of business in San Francisco, California, will be appointed pursuant to the Rules, as modified herein. You and Taimi agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND TAIMI AGREE THAT YOU MAY BRING CLAIMS AGAINST TAIMI ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
Barring extraordinary circumstances, the arbitrator will issue their decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of California when conducting the arbitration. You acknowledge that these terms and your use of the Websites evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to this Section.
The foregoing provisions of this Section do not apply to any claim in which either party seeks equitable relief to protect such party's copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that in the event Taimi or a third party breaches these Terms of Sale, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Taimi, and your only remedy will be for monetary damages, subject to the limitations of liability set forth herein.
You and Taimi agree that, notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to these Terms of Sale or the Websites, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
All claims you bring against us must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Taimi may recover attorneys' fees and reimbursement of its costs, provided that Taimi has notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
If Taimi makes any future change to the "Mandatory Arbitration" paragraph set forth above (other than a change to Taimi's Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Taimi's Arbitration Notice Address, in which case you shall terminate your use of the Websites immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of these Terms of Sale.
If only the "No Class Actions" paragraph above or the entirety of this Section is found to be unenforceable, then the entirety of this Section will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 11 will govern any action arising out of or related to these Terms of Sale.
Taimi reserves the right to modify these Terms of Sale from time to time.
If any provision or any portion of these Terms of Sale is held illegal, void, invalid, or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law, and the remaining provisions will continue in full force and effect, unless otherwise indicated herein.
No right or action that Taimi waives shall be deemed a waiver of any other rights or actions resulting from these Terms of Sale.
We would be glad to hear from you. If you have any questions regarding these Terms of Sale, please contact us at support@taimi.com.