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The seller is TOOSHIE SARL (hereinafter “TOOSHIE” or “we”)
Whose office is located at 120 Chemin Le Fort — 1223 Cologny, Switzerland.
Registered in Geneva under number CHE-115.163.002.
VAT number CHE-115.163.002
Phone: +41 79 479 39 93
E-mail: info@tooshie.com
All orders placed on the website TOOSHIE.COM are governed by the present Terms and Conditions (hereinafter “Terms and Conditions”). These Terms and Conditions are subject to changes in which case, an updated version will be posted on the website.
The offers on our website are directed exclusively at customers who conclude the purchase for a purpose that cannot be attributed to their commercial or professional activity (hereinafter “Customer” or “Customers” or “you”). By placing an order, you confirm to purchase for private purposes exclusively.
These Terms and Conditions are binding once the Customer declares to have read and accepted them by ticking the box “I accept the Terms and Conditions” before undertaking the online ordering process.
Each order placed on the website shall be governed by the Terms and Conditions in force at the date of the validation of the order. It is up to the Customer to carefully review the Terms and Conditions before placing an order.
The Customer
Before placing a first order, the Customer shall be required to open an account by providing mandatory information that will need to be correct and up-to-date. The Customer must inform TOOSHIE of any changes of address or any other information by updating the personal details on the website without delay, in order for TOOSHIE to deal with the orders placed on the website. If necessary, TOOSHIE may ask the Customer — by any medium — a confirmation of the accuracy of the information provided. Given the trade policy described above, TOOSHIE reserves the right not to respond to an order.
Products & Shops
TOOSHIE.COM is an online sales website giving you a trendy selection of swimwear, beachwear, clothing and fashion accessories.
Products
The essential characteristics of the products are presented on TOOSHIE.COM within each of the product sheets. Products sold are photographed and described in the truest and most accurate manner possible. Errors or omissions are possible. Depending on the Internet browser or the monitor used, the colors of the articles may not match the actual colors. Products sold are those described and visible on the site. Product offerings are valid while stocks last and we reserve the right to change these offers. However, the availability and delivery of a product is guaranteed by us sending an e-mail confirming your order.
How to find your product?
On TOOSHIE.COM, you have several ways to do your shopping. The simplest is to use the drop down menu bar at the top to have a link to the categories. You can then use more specific filters to narrow your search. If you know exactly what you want, you can use the search bar.
To order:
Steps
The order of a product on the website is subject to the procedure established by TOOSHIE that consists of a succession of different screen pages showing the steps that the Customer must follow to complete a purchase.
The Customer will have the opportunity, to verify the details of the order and its total price and to correct any errors, before confirming the order and therefore placing a binding order for the items in the shopping cart.
Procedure
Start by making your selection by surfing on the website or using our search mode if you know what you are looking for. Click on the images to access the required pages and product pages to view the details of each product. Add items to your cart after selecting the size and quantity by clicking on “Add to cart”. Then, verify the details of the products in your shopping cart. To delete an item, click on the trash bin. To change the number of articles, change the quantity. You can then finalize your order or choose to continue shopping. To conclude the purchase contract of one or more products on TOOSHIE, you must complete the order form available through the website by following the instructions.
The order form contains a link to the Terms and Conditions (including the conditions for the exercise of your right of return, and the procedures and deadlines to return purchased products) as well as the list of the products ordered and their price (including applicable taxes, shipping and delivery costs). Prior to the purchase of products, you will be asked to read the Terms and Conditions carefully. The contract is concluded when TOOSHIE receives your order form. The order form will be stored in our database for the time necessary for the shipping of orders and in accordance with legal deadlines. You can access your order form by consulting the section “My Account/Order history and details”. The contract concluded with TOOSHIE is entered into in English. Once the contract is concluded, TOOSHIE will handle your order. In case the products presented on the website are no longer available or on sale at the time of your last access to the website or at the time the order form is sent, TOOSHIE must contact you quickly, and in any case before thirty (30) working days from the day following your order, to inform you of the possible unavailability of the products which have been ordered. If a payment has already been made, TOOSHIE will arrange to refund the amount you have advanced.
Change or cancellation of orders
Orders cannot be modified due to immediate processing and due to technical reasons. If a failure of the website affects orders which have been placed, the display of prices or transaction; or in case ordered products are out of stock, TOOSHIE will have the possibility to cancel online orders placed by Customers. In such circumstances, TOOSHIE informs the Customer by e-mail.
Price and payment
The prices displayed on the website on the date the order is placed shall apply. We ship orders from Italy with fresh import to settle. This means that import charges are not included in the prices shown online and on the products. The Customer must pay: the duties (when importing the product or later), the total costs relating to the rights and customs formalities, and import taxes applicable in the country where delivery is requested. The payment of these fees that may be required for the entry of products ordered on the territory of delivery, are under no circumstances, the responsibility of TOOSHIE.
We accept the following payment methods: credit card, Paypal and bank transfer. For payments by credit card, the Customer must be holder of the credit card used. It accesses a dedicated and secured space provided by our bank, which provides security and recording of the payment order. The Customer is informed that in order to prevent internet fraud, a verification will be made to the competent institutions and banking organizations, queried via the 3D Secure system company. In the event that and for any reason whatsoever (opposition, refusal of the emitting center …), the payment due by the Customer proves impossible, the order will not be processed by TOOSHIE.
For payment by bank transfer, TOOSHIE will start to process the order when the payment is received. Orders for which no payment has been received within 14 days will be cancelled.
Verification and compliance with the terms and conditions
TOOSHIE reserves the right not to accept any order placed by a Customer with whom there is a dispute over payment of a previous order, or who does not comply with the present Terms and Conditions.
Delivery
Once the order is placed, the Customer receives a confirmation e-mail. After we have verified your order details and payment, and your order has been approved for shipment, we will send you another e-mail including the carrier tracking number. In case a problem occurs when processing your order, TOOSHIE will inform you by e-mail and might request more information. You may track your shipments with the tracking number you received by e-mail. Delivery times vary depending on the delivery area. Please note that TOOSHIE cannot be held responsible for any delay due to custom clearance or payment transactions. Please note that in the absence of receipt of your order, you have thirty (30) days after the mailing date to contact us. Beyond this period of thirty (30) days, we cannot guarantee a refund. The Customer is responsible for a failure to deliver due to a lack of information when placing the order. The package is handed over to the recipient upon signature of a delivery note at the delivery address provided during the ordering process. It is the Customer’s responsibility to examine the parcel and to indicate on the delivery note any visible damage of the parcel.
Routing information
We ship worldwide. Please take into account that not all services are available in all countries. Shipping costs are indicated in your order.
Delivery delay
Delivery times vary according to the chosen delivery method:
Italy (Courier): 24h–48h if you order before noon*
For most destinations in Europe and USA: delivery in 2–5 days*
For the rest of the world: delivery 3–8 days*
* Delivery times listed are for illustrative purposes only. TOOSHIE disclaims all liability for any delays caused by the clearance process or late payments.
Please note that any change in the Customer’s delivery address made after the order has been placed may extend the delivery time.
TOOSHIE and carriers being separate and independent entities, TOOSHIE can not be responsible for any delay in delivery due to the carrier.
Delivery problems
If the packaging is damaged, torn or opened at the time of delivery, the Customer must check the state of the products ordered in the presence of the deliveryman and immediately make reservations on the delivery note, or even refuse the package.
The Customer has a period of three (3) days after the delivery date to notify TOOSHIE of any delivery issue by e-mail or via “Contact us” to obtain a refund or exchange of goods. TOOSHIE will not be liable if the Customer has not expressed any reservation on the delivery note.
If the parcel has not been delivered, the Customer must inform TOOSHIE via e-mail or “Contact us ” within seven (7) days after the supposed delivery date. TOOSHIE will open an investigation with the shipping service provider and inform the Customer as soon as possible. If the parcel is found, it will be resent to the Customer. If the parcel is lost and there is no stock available to ensure a second shipment, the order will be refunded promptly.
Cancellation
TOOSHIE accepts cancellations for whichever reason, before your order has been shipped. After that, you cannot cancel your order, but you may return the products if you wish within fifteen (15) days of the delivery date.
If you have not received an e-mail confirming that your order has been processed, you may cancel it.
Right to retract
The Customer has a right of withdrawal that he can exercise within fourteen (14) days from the receipt of the products ordered. When the period of fourteen (14) days expires on a Saturday, Sunday or a holiday, it is extended to the next business day.
The products should be returned in perfect condition along with the invoice and the Customer’s details to the following address:
Tooshie c/o LILLIBET 1987 srl, Via della Repubblica, 84
21010 Cardano al Campo (VA) — Italy
Tel.: +39 0331 1973140, Fax +39 0331 1974413
The right of withdrawal is considered correctly applied if the following conditions are fully met:
• You have fourteen (14) days to submit your return after receiving your order, after that period we cannot guarantee a refund;
• We encourage you to notify us by e-mail of your return request;
• The clothing must be returned unworn, unwashed, undamaged and with their original labels. Therefore, we strongly advise you to carefully check the products received before throwing away the original labels and packaging;
• If the product was delivered with a security tag, it must remain attached. If the label is detached, the returned product does not comply with our returns policy and will not be refunded;
• The swimwear packaging must be tested over your own underwear;
• We recommend that you return the products in their original packaging to ensure the necessary protection during transport.
Once we receive your return package and it complies with our return policy, we will provide you with a refund using the same means of payment as you used for the initial transaction. The returned products are refunded to the Customer without the initial shipping costs and return costs. Refunds can take up to fourteen (14) days depending on your bank.
In addition to the amount refunded for the purchase of the products, TOOSHIE will refund the shipping costs for the delivery of the purchased products only if the return of the products is due to a reason attributable to TOOSHIE, for example if the products do not have the promised essential characteristics, have manufacturing defects or if there are errors in their delivery.
In case the aforementioned conditions for exercising the right of withdrawal are not met, you will not be entitled to the reimbursement of sums already paid to TOOSHIE. However, you may retrieve at your own expense, your products in the state in which they were returned to TOOSHIE. Should you choose not to do so, TOOSHIE will keep the products returned, along with the sums already paid for their purchase.
Exchanges
If you wish to exchange an item, you must first send it back to us, according to the return procedure described above. You will then be able to place your new order.
Refunds
If the right of withdrawal is exercised according to the terms indicated above, TOOSHIE will arrange to refund all payments received for the purchase of the products within fourteen (14) days after receipt and verification of the condition of the products. If the recipient of the products indicated in the order form does not correspond to that of the person who paid the amounts due for the purchase, the refund will be directed by TOOSHIE, in all cases, to the person who made the payment.
Reimbursement will be made on the same support as that used when purchasing products, namely the credit card or the Customer's PayPal account or the bank account.
Legal guarantees
Regardless of any commercial guarantee that could be granted to the Customer by TOOSHIE, all products supplied by TOOSHIE benefit from the legal guarantee against hidden defects. In this respect, TOOSHIE undertakes, at the Customer's choice, to refund or to proceed with an exchange.
The Customer has a period of two (2) years as of the delivery date of the product ordered, to take action against TOOSHIE.
To qualify for the guarantee, the Customer must contact TOOSHIE’s Customer Service according to the procedure established below:
1. Provide the order number and the reference of the product concerned (this information is indicated on your invoice);
2. Submit the request to TOOSHIE’s Customer Service by e-mail at the following address: contact@tooshie.com.
To ensure prompt treatment of the warranty claim, the Customer will specify contact details, the order number and the reference of the product concerned, and detail as much as possible the problem encountered. Moreover, when possible, will attach a photograph in the e-mail of the product defect.
All our products are covered by:
• The legal guarantee of conformity ;
• The legal guarantee against hidden defects.
To qualify for the product warranty, the Customer must keep the invoice of the purchased product.
The contractual guarantees do not cover:
• Abnormal or improper use of the product. In this respect, we invite you to carefully review maintenance tips ;
• Defects and their consequences resulting from use which is not consistent with the intended purpose of the product;
• Defects and their consequences related to any external cause.
In any case, TOOSHIE shall not be held responsible if the manufacturer/brand of the product purchased refuses to apply its guarantee for the reasons set out above.
Intellectual property, software and content.
The Customer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us. You may not systematically extract and/or reuse parts of the website or the content. In particular, you cannot, without prior written permission, use of data processing, robots, or other extraction methods and data collection to extract (nor once nor multiple times) and reuse substantial parts of the Site (eg our prices and product listings within). In the absence of any contrary provision, all persons (including their names and images), third trademarks and third party product images, services and/or addresses displayed on the website are under no circumstances related or affiliated to us. All copyrights/trademarks displayed on the website belong to the owners of these rights.
Privacy policy.
We collect the Personal Data the Customer provides us when: creating an account, making a purchase, logging on our website, contacting us, sending an e-mail, calling us, filling in a form. We process your personal data in order to communicate with you, fulfil purchase orders, answer your questions and provide you with communications about our products. Furthermore, we process your Personal Data in order to help us comply with the law, to manage our systems and finances, to conduct investigations and to exercise legal rights. We combine your Personal Data so that we can understand you better to improve and personalize your experience when interacting with us.
The Personal Data collected is intended for internal use by TOOSHIE. However, Personal data can also be transmitted to third parties, TOOSHIE’s partners, unless the Customer objects to such transfer at the time of the collection of data concerning him.
If the Customer chooses not to provide Personal Data when we ask for it, this may limit services we can offer to the Customer. The Customer has a right to request access, request that changes be made, and to have data deleted. In order to do so, the Customer must contact TOOSHIE’S customer service by e-mail at contact@tooshie.com
We use a variety of measures to keep your Personal Data confidential and secure, including restricting access to your Personal Data and following appropriate security standards to protect your data. We take every reasonable step to ensure that your Personal Data is only processed for the minimum period necessary for the purposes set out above and as required or permitted by applicable law.
Responsibility
TOOSHIE shall not be liable for any failure to perform or improper performance of the contract due either to the Customer’s fault, or an unforeseeable and insurmountable third contract, or to a case of force majeure. TOOSHIE shall not be liable for any inconvenience or damage inherent in the use of the Internet (interruption of service, external intrusion, computer viruses …). We can update or change the website or its content at any time but we are not bound by any obligation to do. The content of the website is provided for informational purposes only. We make no representation, warranty or guarantee, express or implied, that the website or its content is accurate, complete, updated or free from any error or omission. To the fullest extent permitted by law, and unless otherwise stated in these Terms and Conditions, we exclude all conditions, warranties, representations or other terms, express or implied, that may apply to the website or its contents. We cannot be held liable to you or to any user for any loss or damage suffered, whether by contract, tort (including negligence), resulting from a breach of an obligation under the law or otherwise, arising out of or in connection with : (i) the use of or inability to use the website; or (ii) the use of or reliance on any content posted on the website. Please note that we are the only site available for home or personal use, and therefore we accept no liability for loss of profits, loss of business, business interruption, or shortfall. We will not be responsible for injury or damage caused by a virus attack or other technologically harmful material that could damage your computer equipment, computer programs, data or other materials that you clean as a result of your use of the website or your download of content on the website or any websites linked to it.
Governing law and disputes
The present Terms and Conditions are governed by Swiss law, unless otherwise provided by applicable mandatory law.
In the event of any dispute or claim arising out of or in connection with the Terms and Conditions, or your purchase of products from the website TOOSHIE.com, TOOSHIE and the Customer must first resort to an amicable solution before undertaking any legal action. Following this, all legal proceedings shall be submitted to the jurisdiction of Swiss courts, unless otherwise provided by applicable mandatory law.
Other important information
In the event that any paragraph or section of these Terms and Conditions, shall be held invalid, illegal or unenforceable under applicable law, the remainder of these Terms and Conditions shall remain valid and enforceable.
These Terms and Conditions can be viewed at https://tooshie.com/. The Customer can also download these Terms and Conditions.
Waiver: If the Customer breaches these Terms and Conditions and we do not act, or we delay action, this does not mean that TOOSHIE gives up its rights against the Customer and will therefore always be in its right to act. If we give up pursuing you, we would do so only in written form (waiver signed by one of our leaders), and this does not mean that we automatically would waive to act in the event of future breach by the Customer.
For information or questions about our Terms and Conditions, our customer service is available:
Through the Contact section
By telephone: +41 79 479 3993
By e-mail to contact@tooshie.com