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TERMS OF USE

Last Updated: September 21, 2020

Terms and Conditions of Use
 
This is a legal agreement (the "Agreement") between you, the individual, company or organization ("you," "your", or "Customer") and Tommie Copper, Inc. ("we," "our" or "Company"). By ordering, accessing, using or purchasing any product (collectively the "Product") through this website or related websites (collectively, the "Website"), you are agreeing to be bound by, and are becoming a party to, this Agreement. If you do not agree to the terms of this Agreement, do not use this Website or order Product. Your use of this Website means that you agree to the terms and conditions of this Agreement. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Website or purchase of the Product.
 
General
 
These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words "I agree" or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records.

Our Privacy Policy, which is incorporated into these Terms of Use by reference, further describes the collection and use of your information on the Website, including terms and conditions with respect to user reviews and testimonials [https://www.tommiecopper.com/privacy-policy].

 
Order Processing
 
Any order placed by 10:00 am eastern standard time between Monday and Friday for Standard service (DHL Expedited) or Expedited service (DHL Expedited Max) service will be processed and shipped the same business day. Orders placed after 10:00 am eastern standard time for these levels of service will not ship until the next business day. Any order placed by 1:00 pm eastern standard time for Express service (Next Day or 2 Day) will be processed and shipped the same business day. Orders placed after 1:00pm eastern standard time for these levels of service will not ship until the next business day.
Tommie Copper does not process or ship orders on weekends, holidays, or during severe weather conditions. Any order placed during such time will be processed and shipped the next business day. Additionally, once an order has been processed, adjustments and cancellations cannot be made.    
 
Shipping
 
Tommie Copper currently ships within the United States, including United States territories and military addresses as well as to select international locations. International shipments will be delivered by the postal service of the destination country. At this time, Tommie Copper only accepts international orders from Canada. Tommie Copper uses DHL, Federal Express, United States Postal Service, or a combination of all services to ship and deliver packages. Economy and Expedited services are shipped using DHL eCommerce® wherein DHL carries the package from Tommie Copper's fulfillment center to a USPS sorting facility. USPS then handles the final delivery of the package. Next Day and International services utilize only FedEx in the shipping and delivery process. Orders shipped to a PO Box must be shipped using Economy service, as expedited services cannot deliver to PO Boxes. Depending on the shipping service and location, domestic shipments can take up to 10 business days for delivery. Depending on the location, international shipments can take up to 15 days for delivery. Tommie Copper does not guarantee arrival dates or times. Tommie Copper does not refund, credit, or upgrade shipping for any reason.

Returns

Tommie Copper proudly guarantees the quality, performance and fit of our products. If you are not completely satisfied with your Tommie Copper purchase or gift, simply return the item within 60 days of purchase for a refund. Please note that it can take up to ten (10) days from receipt by Tommie Copper of your returned item for your refund to be credited. Most Tommie Copper products come with a 60-day money back guarantee, which begins the day your order ships. The following products are Final Sale and cannot be returned or refunded: Community Wear Masks, Face Mask Gaiters, Weighted Blankets, Pillows, and Undershorts.

 
Billing Errors
 
If you believe that you have been billed in error, please notify our Customer Service Department immediately. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within thirty (30) days of its appearance on your credit card account statement.
 
Your Representations
 

These terms and conditions govern your conduct associated with using the Website, including but not limited to submitting reviews, testimonials or any other content to Tommie Copper, Inc. via its Website. To the extent of any conflict between Tommie Copper, Inc.'s Privacy Policy (https://www.tommiecopper.com/privacy-policy) and these terms and conditions, these terms and conditions shall control with respect to such conduct and consent.

By using the Website, including ordering Product from and/or submitting any content to Tommie Copper, Inc, you represent and warrant that:

  • You are at least 18 years of age and that you will not permit a person under 18 to order Product from our Website.
  • The information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner.
  • You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access.
  • YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION, REVIEWS, COMMENTS, PRODUCT OR SERVICE FEEDBACK OR ANY OTHER CONTENT OR MATERIAL THAT YOU SUBMIT, UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON OUR WEBSITE (“USER SUBMITTED CONTENT”).
    “Solely responsible” means that you, and not the Company, are responsible for the legality, reliability, appropriateness and intellectual property ownership of any User Submitted Content. The Company is a platform and is not responsible for any User Submitted Counter you post or encounter on the Website as a Customer, including any content that may be defamatory, false, obscene, pornographic or profane. You grant the Company a non-exclusive, perpetual, sub-licensable, royalty-free, worldwide license to  copy, adapt, publish, translate or otherwise use any of the User Submitted Content that you post on the Website, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights, without compensation to you. You further grant the Company the right to use all User Submitted Content without notice, compensation or acknowledgment to you, for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
  • You shall not submit any User Submitted Content (i) that  infringes on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any third party; (ii) that violates any law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, applicable product regulations, unfair competition, anti-discrimination or false advertising); (iii) that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (iv) for which you were compensated or granted any consideration by any third party; (v) that includes any information that references other websites, addresses, email addresses, contact information or phone numbers. You understand that such content is submitted on a non-proprietary and non-confidential basis and shall not be subject to any obligation of confidence on the part of Company, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees and successors and assigns. You understand that the Company reserves the right, in its sole discretion to (a) refuse, delete, modify, adapt, delete, or edit in any way any User Submitted Content and (b) terminate your ability to post on the Website, with or without cause, without notice, for any reason or no reason or for any action that the Company considers disruptive, inappropriate or harmful to the Website or other Customers. Tommie Copper, Inc. does not guarantee that you will have any ability to edit or delete any content you have submitted. None of the above requires Company to monitor or police the User Submitted Content or its Website.
  • All “moral rights” that you may have in User Submitted Content have been voluntarily waived by you.

Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You are not permitted to re-sell, re-distribute or export any Product that you order from the Website.

You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery of the Product and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).

You agree not to use our Website by knowingly introducing any viruses, worms or other potentially damaging computer program or files and materials that are malicious or technologically harmful. You further agree not to circumvent or modify any Website software or security technology.

You agree not to use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Website, Services or Content.

Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT THE COMPANY WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED.

Further, under no circumstances shall we be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover. Subject to our return policy, the products are sold and delivered to you "as is" with no warranty whatsoever. Subject to our return policy, we make no express warranties or representations and we disclaim all implied warranties and representations, including, without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement.  

YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE.

The Website is also provided “as is”, we do not make any promises of any kind, including about the Website’s accuracy, adequacy, usefulness, reliability or otherwise.  We do not guarantee that the Website will be free of virus or anything else harmful to your computer, mobile phone, tablet, console, or other technology (“Device”) or that the user experience will be uninterrupted or error-free. You are solely responsible for any damage to your Device.
 
Indemnification
 
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, from and against all claims, losses, liabilities, expenses, damages (actual or consequential) of any kind and nature, known and unknown and costs including without limitation attorneys’ fees, arising from or relating in any way from, directly, indirectly (i) your access to the Website, (ii) your misuse of the Website, (iii) your conduct on the Website or with other Customers, (iii) your submission of User Submitted Content, (iv) your violation of any third party rights, including without limitation, any intellectual property rights, confidentiality, property, publicity or privacy right, (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or (vi) or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
 
Notices
 
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your Product. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
 
Termination 

We reserve the right to terminate your access to or use of this Website and/or your Account and/or your subscription to the Product at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. If we terminate or suspend your Account or refuse service, you must still fulfill any existing obligations you have to pay for merchandise you purchased prior to terminating your Account or any Services we were providing to you.
You may terminate your Account with us, at any time, at your sole discretion by emailing your name and email address to info@tommiecopper.com. Terminating your Account does not terminate any existing obligations you have to pay for merchandise you purchased prior to terminating your Account.

 
Fraud
 
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud of any kind, which includes the use of multiple accounts which is strictly prohibited. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
 
Sales Tax
 
If you purchase any Products available on our websites, you will be responsible for paying any sales tax indicated on the Website.
 
Intellectual Property Rights
 
The Website, and all content appearing therein, are the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website without Company’s prior written consent. When you purchase or order any Product through this Website or from Company, you expressly agree that you do not have any license for the resale of any Product or copyrighted or proprietary image and that the resale of any Product or copyrighted or proprietary image is expressly prohibited. If you breach these Terms of Use, your right to use the Website will cease immediately and you must, at Tommie Copper’s option, return or destroy This website governs the manner in which Tommie Copper and its affiliates (hereinafter referred to collectively as “Tommie Copper”). any copies of the material you have made. 


If you believe that your content or work is the subject of copyright infringement and/or trademark infringement and appears on our Website, please email info@tommiecopper.com with the information required under the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"):

  • An email with the subject line “Copyright Infringement Notice”;
  • All of your contact information (full name, telephone number, email and mailing address);
  • A description of the copyrighted or trademarked work that you think has been infringed; if there are multiple works, provide a representative list of such works;
  • A description of where on the Website the content that you claim is being infringed is located;
  • Information reasonably sufficient for the Company to contact you as the complaining party;
  • A statement of your good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner (or that you are authorized to act on behalf of copyright owner); and
  • Your physical or electronic signature of yourself or the person authorized to act on your behalf (your full name counts as an electronic signature).

    You may be liable for damages, including costs and attorneys’ fees incurred by the Company or our Customers if you knowingly materially misrepresent that material or activity is infringing.

Terms and Conditions of Sale 

Tommie Copper’s products are not labeled for resale, and are intended for the personal use of the Customer only.  Commercial resale of Tommie Copper Products is strictly forbidden.  The Customer hereby acknowledges and agrees that he or she is purchasing the Product for personal use only, and not purchasing the Product with intent to resell the Product.  The Customer agrees that he or she will not use Tommie Copper as a drop shipper and that he or she will not enter order and shipment details on the Tommie Copper website such that Tommie Copper ships Products to his or her customers. The Terms and Conditions of Sale are subject to change without prior notice at any time, in Company’s sole discretion, so please review the terms of sale each time you make a purchase.
 
Foreign Transaction Fees
 
In some instances, billing for your Product, membership fee or shipping fee may originate from outside of the United States and in some occasions, your financial institution may charge a fee for processing this payment. You are responsible for these processing fees assessed by your financial institution per your card holder agreement. All transactions are processed in United States Dollars (USD). Tommie Copper is not liable for any import fee, duty or customs fee that may be applied to international orders.
 
Password
 
We may assign you a password and account identification to enable you to access and use certain portions of this Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Website. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security.

 
Typographical Errors
 
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. 

Links
 
This Website may contain links to other sites on the internet that are owned and operated by third parties. This does not mean that Company endorses, monitors or has any control over these third parties or their activities, which are subject to separate terms of use and privacy policies. You acknowledge that we are not responsible for the operation of or content located on or through any such site and should carefully review any third party websites’ terms of use and privacy policies. 


Miscellaneous

 
Governing Law. This Agreement and all disputes, complaints, controversies or issues arising from it shall be governed exclusively by the laws of New York, USA without regard to conflict or conflict of law principles. The sole and exclusive venue for any and all claims or causes of action arising from or related to this Agreement, or that are related in any manner to your purchase or attempted purchase of the Product(s), shall be the Courts of New York, USA.
Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign without the written permission of Company.
Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.
No Waiver. No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
Modifications. Company reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by Company in writing, you may not amend these terms and conditions in any way. You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.

Disputes and Governing Law


Use of this Website and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Tommie Copper of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Tommie Copper’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.
Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Website you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website, and/or the Content .

By accepting these Terms and Conditions, you have agreed to waive your right to recover any damages relating to your use of the Website. If such waiver is deemed unenforceable, you, nonetheless, and notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, you agree that your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, unless prohibited by law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

Notwithstanding anything to the contrary set forth in these Terms of Use, Tommie Copper may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Tommie Copper, in the event that Tommie Copper believes that there is a violation, or a threatened violation, that has jurisdiction of any of Tommie Copper’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

 

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