Terms and Conditions

Last updated: September 11, 2017

Terms and Conditions of Use

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.toskaspa.com website and the https://www.shoptoskaspa.com website (the “Service”) operated by Toska European Spa LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. We reserve the right, at any time, to modify, alter, or update these Terms of Use.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access and/or use the Service.

To the extent our Web Site contains hyperlinks to outside services and resources, the terms and conditions, availability and content of which Toska European Spa LLC does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.

General

The information contained in this Site, including but not limited to the rules that govern the use of the Site, is subject to change without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed.

Links to Other Web Sites

Toska European Spa LLC makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of Web sites accessible by hyperlinks from this Site, or Web sites linking to this Site.

Trademarks

The Web sites www.toskaspa.com, www.shoptoskaspa.com, and the Toska European Spa logo are service marks of Toska European Spa LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Copyright

All files and information contained in this Website or Blog (with the exception of User Content, detailed in the next section) are copyright by Toska European Spa LLC, or in the case of product material, all text and graphics are Copyright by the original owner, all rights reserved. Content from this Website or Blog may not be duplicated, copied, modified or adapted, in any way without our written permission. Our Website or Blog may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website, Blog or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Toska European Spa LLC. Our Content, as found within our Website, Blog and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

User Content

Our Web Site(s) allows you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, send, or receive User Content to or through our Web Site(s), you give us permission to reproduce and use your User Content as follows: you grant to us and our affiliates a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Web Site), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating and improving our Web Site(s), to develop new products and services, and for other Toska European Spa LLC marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Toska European Spa or the Web Site(s). Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using our Web Site(s).

You promise that:

• you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and

• your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Web Site for any reason.

Pricing and Availability

Prices and availability of products on the Site are subject to change without notice.

Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic, lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of any product offered for sale on our website.

Warranties and Disclaimers

Toska European Spa LLC intends for the information and data contained in the Site(s) or provided via other channels, including but not limited to phone and email, to be accurate and reliable, however, since the information and data have been compiled from a variety of sources, it is provided “as is.” You expressly agree that your use of this site is at your sole risk. Toska European Spa expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by this site, including, but not limited to, the implied warranties and/or conditions of merchant ability or satisfactory quality and fitness for a particular purpose and non-infringement.

Limitation of Liability

In no event shall Toska European Spa LLC or its officers, directors, employees, agents, successors, subsidiaries, distributors, affiliates or third parties providing information on this site or via other channels, including but not limited to phone and email, be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the site or any information contained thereon, whether based upon warranty, contract, tort, or otherwise, even if Toska European Spa LLC has been advised of or should have known of the possibility of such damages or losses.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site or other channels. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

This Web site is maintained by Toska European Spa LLC in Mecklenburg County, North Carolina, USA and hosted on servers owned and operated by GoDaddy Inc. Toska European Spa makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Use of this site constitutes acceptance of our Terms of Use.