Acceptance of the Terms and Conditions

Last updated: November 1, 2018
Welcome to TheTomatoBag.com website!

The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘TheTomatoBag.com’ (hereafter also referred to as ‘We’ or the ‘Website’). Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of prior, express, or written changes. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and The Tomato Bag as they are used to protect your rights as a valued customer and our rights as a business.

Changes to the Terms of Service and the Website

TheTomatoBag.com is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.

Access to the Website

We work hard to ensure the Website is always up and available, but we can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for regular updating of products and for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason, all or any part of the Website is unavailable at any time, for any length of time.

Parts of the Website may require you to input a password to access certain features such as the Wholesale section of the Website. This is to be able to give you details relevant to your order whilst still keeping information private to you. To do this, as part of our security procedures, we require you to register an account with TheTomatoBag.com by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using TheTomatoBag.com in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.

SSL encrypted browsing is available for all logged-in users, but while we strive for this, we cannot guarantee that all use will be secure. While we work hard towards this, we also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

Product information

TheTomatoBag.com takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.

Prices

The prices indicated on TheTomatoBag.com are shown in US Dollars and include all taxes but do not include delivery. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.

Availability

We will always endeavor to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again. We will refund the shipping fees for the rest of the order. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement, and then wish to return it to us in the conditions outlined under Right of Return, the return postage will be covered by us. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.

International Access

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If the site is translated into any language, this Site does not guarantee the accuracy of such translations.

Secure payment

TheTomatoBag.com currently offers one way to pay for your order, a valid credit card. This payment options uses advanced SSL encryption to keep your transaction as secure as possible, and does not cost you anything to use so you will not pay any extra for your order.

Delivery

Your order will be delivered to the address you indicated when your order was placed. The products bought on TheTomatoBag.com will be delivered to one address.

TheTomatoBag.com does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.

If your product is shown to be “in stock” on our website when you place your order, delivery schedules are:

Payment validation + order preparation + parcel collection by carrier = 24-48 hours + Delivery times of your parcel(s) according to the carrier you have chosen. Carrier delivery times start from the moment you receive an e-mail confirming order dispatch. Dispatch and delivery times are given in working days.

Please check your received order carefully for any anomalies or damage. If so, record these on the delivery voucher when signing for your goods, then contact us immediately by email to hello@thetomatobag.com to advise us. Without prejudice, and with respect to the applicable legal guarantees, we recommend that you address any reservations you may have pertaining to damaged products on the date of delivery as quickly as possible. This must be done within 48 hours. You will have 7 calendar days to inspect your goods for anomalies or damage and report such to hello@thetomatobag.com.

Right of Return

TheTomatoBag.com allows you 15 days to return a product that you are not satisfied with for a full refund. Your right of return starts from the moment your order is delivered. You can return the product to us within this time frame, at your own expense, with your invoice or receipt.

We request that you send us the merchandise by registered post and that you purchase insurance with your carrier for the value of the merchandise. This is necessary should they lose or damage the goods. Shipping fees remain the customer’s responsibility. The present right of return only applies to products that are returned in their original, complete working condition (packaging, accessories, user guide etc.). Any product that has been damaged, used, is not in its original packaging, or has packaging that has been worn beyond simply opening the product, will not be refunded. All customer data stored on a digital support (memory card, hard drive etc.) and sent back to TheTomatoBag.com by you will not be kept. The deadlines mentioned above are effective from the date of receipt of the order.

Responsibility

TheTomatoBag.com will not be held liable for poor use and its consequences on the products purchased from the Website.

Privacy and protection of personal data

The details you give us are essential for the processing and delivery of your orders, for billing shipping, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.

You have the permanent right to access and rectify all the information that concerns you, in accordance with the law. You can at any time make a request to TheTomatoBag.com to find out what personal information we hold concerning you. You may at any time, and by request, modify this information. If you accepted to receive our promotional e-mails when you registered on the Website, offers including new items, clearance, exclusivities, good deals etc. will be sent to you. You may at any time request not to receive any further e-mails from us by emailing your request to hello@thetomatobag.com.

Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Before any information is recorded, an alert message will ask you whether you would like to enable cookies, and you may refuse if you wish. Cookies do not contain any confidential information about you.

Intellectual ownership

All the content on TheTomatoBag.com website (illustrations, logos, trademarks, texts, names, brand names, images and videos) is the property of TheTomatoBag.com, its co-contractors or partners. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by TheTomatoBag.com. All information, content, files and software offered by our services is protected by International law concerning intellectual ownership and copyright. TheTomatoBag.com cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.

TheTomatoBag.com will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.

Waiver and Severability

Any failure of TheTomatoBag.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and TheTomatoBag.com, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Feedback, Comments and User Conduct

We welcome comments, questions and communication at hello@thetomatobag.com.

Any opinions left on the Website by TheTomatoBag.com customers are screened and moderated by the marketing team. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), TheTomatoBag.com reserves the right to refuse or modify it.

In using this site, you agree to not:

  • upload, download, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of privacy and intellectual property.
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person, entity or company;
  • upload, download, post, email, or otherwise transmit any content that may violate or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party or this site. This use of any of our trademarks or service marks without our express written consent is strictly prohibited;
  • upload, download, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation;
  • upload, download, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the site or affiliated or linked websites.