服务条款

GENERAL DESCRIPTION

Welcome to Tomyhome. The terms "we" and "our" refer to Tomyhome. Tomyhome operates this store and website, including all information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the "Services"). Tomyhome has Shopify technology that allows us to provide you with the Services.

In the following terms and conditions, and in all the policies referenced therein (the "Terms of Service" or "Terms"), your rights and responsibilities when using the Services are described.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By viewing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy. If you do not accept these Terms of Service or the Privacy Policy, you must not use our Services.

SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside and that you have given us your consent to allow any of the minors under your care to use the Services on devices that you own, purchase, or manage.
To use the Services, including access to our online stores, browsing them, or purchasing any product or service that we offer, you may be asked to provide certain data, such as your email address, your billing address, your payment method, and your shipping address. You represent and warrant that all the information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for preserving the security of your account credentials and for all activity under it. You may not transfer, sell, or assign your account to another person, nor grant licenses related to that account.

SECTION 2: OUR PRODUCTS
We have made every possible effort to provide an accurate representation of our products and services in our online stores. However, you should note that the colors or appearance of the product may differ from how they appear on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those shown in our online stores.
All product descriptions are subject to change at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of the products we offer to any person, geographic region, or jurisdiction as the case may be.

SECTION 3: ORDERS
When you place an order, you make an offer to purchase. Tomyhome reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Tomyhome confirms acceptance. We must receive and process your payment for the acceptance of your order. Please review your order carefully before shipment, as Tomyhome may not be able to honor cancellation requests once an order has been accepted. In the event that we do not accept, modify in any way, or cancel an order, we will attempt to notify you by means of the email, billing address, or telephone number provided when the order is placed.
Your purchases are subject to returns or exchange only in accordance with our Refund Policy.
You represent and warrant that your purchases are solely for personal or household use and not for resale or export for commercial purposes.

SECTION 4: PRICES AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service will be the one in effect at the time the order is placed and will be established in the order confirmation email you receive. Unless expressly stated otherwise, the published prices do not include charges for taxes, shipping, order handling, customs procedures, or importation.
The prices published in our online stores may differ from those offered in physical, online, or other types of stores managed by third parties. From time to time, we may offer promotions for the Services that may affect prices and are governed by terms and conditions different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account information and other aspects, such as your email address and your credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.
You represent and warrant that (i) the credit card information you provided is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) your credit card company will cover the charges assumed by you; and (iv) you will pay the charges assumed at the published prices, including shipping, order handling, and applicable taxes, if any.

SECTION 5. SHIPPING AND DELIVERY
We are not responsible for delays in shipments and deliveries. All delivery times are subject only to estimates and are not guaranteed. We are not responsible for delays caused by transport companies, customs processing, or events that are beyond our control. Once we deliver the products to the transport company, title and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, without limitation, registered trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of Tomyhome, its affiliates, or licensors and are protected by United States and foreign copyright and other intellectual property laws.
These terms allow you to use the Services only for personal and non-commercial purposes. You must not reproduce, distribute, modify, copy into derivative works, publicly display, include in public demonstrations, republish, download, store, or transmit the material included in the Services without our prior written consent. Unless expressly established in this document, no section of these Terms grants or shall be interpreted as an indication of granting a license or any other right to you with respect to patents, trademarks, copyrights, or any other form of intellectual property of Tomyhome, Shopify, or third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Tomyhome reserves all rights not expressly granted in this document.
The names, logos, product and service names, designs, and slogans of Tomyhome are trademarks of Tomyhome, its affiliates, or its licensors. You must not use such trademarks without Tomyhome's prior written consent. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS
It is possible that, as part of the Services, you may be provided access to customer tools offered by third parties over which we do not apply supervision, control, or collaboration.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations, or conditions of any kind, and without endorsement. We will not assume responsibilities arising from your use of optional third-party tools.
At your sole discretion, you will assume the risk for the use you make of optional third-party tools offered through the site, and you must make sure that you know and approve the terms under which third-party providers offer the tools.
It is possible that, in the future, we will also offer new functions through the Services, including the launch of new tools and resources. These new functions shall also be considered part of the Services and shall be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or managed by third parties, including any embedded third-party functionality. We are not responsible for examining or evaluating, nor for the accuracy of, the materials or third-party websites that you choose to access. If you decide to leave the Services to access these materials or third-party sites, you will do so at your own risk.
We are not responsible for any harm or damage related to your access to third-party websites or your purchase or use of products, services, or resources from third-party websites. Review the policies and practices of third parties carefully, and make sure you understand them before carrying out any transaction. Complaints, claims, concerns, or questions related to products and services of third parties must be directed to them.

SECTION 9: RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately characterizes Shopify's relationship with your store and must not be deleted or modified].
Tomyhome has Shopify technology, which allows us to provide you with the Services. However, any sale and purchase you make in our store is made directly with Tomyhome. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and Tomyhome, including injuries, damages, or losses caused by the products and services purchased. By this document, you expressly release Shopify and its affiliates from any claim, damage, and liability arising from or related to your purchases and transactions with Tomyhome.

SECTION 10: PRIVACY POLICY
All personal information that we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which may be consulted here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted on Shopify, Shopify collects and processes personal information linked to your access to and use of the Services in order to provide and improve the Services for you. For the purpose of providing you with services, the information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries in which you do not reside. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy.

SECTION 11: COMMENTS
If you submit, upload, post, communicate by email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content, collectively, the "Comments", you grant us a perpetual, international, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial use. For example, we may make use of our rights under this license to manage, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that: (i) you own all necessary rights to all Comments; (ii) you have disclosed any compensation or incentive received in connection with your submission of the Comments; and (iii) your Comments will comply with these Terms. We do not have and will not have the obligation to (1) keep your Comments confidential; (2) provide compensation for your Comments; or (3) respond to your Comments.
We may, without any obligation to do so, monitor, edit, or remove Comments that, in our sole discretion, we determine are illegal, offensive, threatening, slanderous, defamatory, pornographic, obscene, or otherwise objectionable, or that constitute a violation of the intellectual property of any party or of these Terms of Service.
You agree that your Comments will not violate any rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or property rights. You also agree that your Comments will not contain slanderous or illegal, abusive, or obscene statements, nor computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be another person, or mislead us or third parties as to the origin of the Comments. You are solely responsible for any Comments you make and for their accuracy. We are not responsible for Comments posted by you or by third parties.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information about or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any error, inaccuracy, or omission and to change or update information or cancel orders in the event of any inaccuracy in the information, at any time, without prior notice, even after you have placed your order.

SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for illegal or malicious purposes; (b) to violate international, federal, provincial, state, or local regulations, laws, or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, discredit, or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of "junk mail", "chain letters", "spam", or any other similar content; (h) to impersonate any other person or entity, or attempt to do so; (i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by anyone or that, as we determine, may harm TOMYHOME, Shopify, or users of the Services, or expose them to liabilities.
In turn, you agree not to do the following: (a) upload or transmit viruses or any other type of malicious code that is used or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) send spam, engage in phishing, commit pharmaceutical fraud, engage in spoofing, commit spidering offenses, or engage in crawling or web scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, deactivate, or close your account at any time without prior notice if we determine that you violated any part of these Terms.

SECTION 14: TERMINATION
It is possible that we may terminate this agreement or interrupt your access to the Services, or any part of them, at our sole discretion at any time without prior notice, and your liability for all amounts owed up to and including the date of termination may remain in force.
The following sections will remain in force after termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature survives termination.

SECTION 15: DISCLAIMER OF WARRANTIES
The information presented in or through the Services is made available solely for general information. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is at your own risk. We disclaim all liability arising from the reliance placed on such materials by you or by any visitor to the Services, or by any person who may be informed of their content.
UNLESS TOMYHOME EXPRESSLY ESTABLISHES IT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR REPRESENT THAT YOU WILL BE ABLE TO USE THE SERVICES IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16: LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL TOMYHOME, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, HAVE LIABILITY FOR INJURIES, LOSSES, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF THE SERVICES, NOR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR DAMAGE OF ANY KIND AS A RESULT OF THE USE OF THE SERVICES OR OF ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THAT IT MAY OCCUR.

SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Tomyhome, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including the cost of reasonable attorney's fees, payable to any third party as a consequence of (1) your breach of these Terms of Service or of the documents incorporated by reference, (2) the violation of any law or third-party right, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, with the understanding that failure to provide prompt notice will not relieve you of your obligations unless you have suffered significant damage. We may control the defense and resolution of such claim at your expense, including the choice of attorney, but we will not settle claims that impose non-monetary obligations on you without your consent, not to be unreasonably delayed. You will cooperate in the defense of claims subject to indemnification, for example, by providing relevant documents.

SECTION 18: SEVERABILITY
In the event that the illegality, nullity, or unenforceability of any provision of these Terms of Service is determined, such provision shall be enforceable to the extent permitted by applicable law and the unenforceable section shall be considered severable from these Terms of Service; such determination shall not affect the validity or enforceability of any other provision.

SECTION 19: WAIVER; ENTIRE AGREEMENT
The fact that we do not exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and the policies or operating rules that we publish on this site or with respect to the Service constitute in their entirety the agreement and understanding between you and us, govern your use of the Service, and prevail over any prior or present agreement, communication, and proposal, whether oral or written, between you and us, including, without limitation, any prior version of the Terms of Service.
Any ambiguity in the interpretation of these Terms of Service shall not be interpreted against the interests of the party that drafted the document.

SECTION 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be considered null and void. We may transfer, assign, or delegate these Terms together with the rights and obligations that correspond to us without your consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate contract by which we provide you with the Services shall be governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region. You and Tomyhome agree to submit to the exclusive jurisdiction of the courts of Hong Kong for the resolution of any dispute arising from or related to these Terms of Service or the use of the Services.

SECTION 22: HEADINGS
The headings used in this agreement are included solely for practical purposes and shall not limit or otherwise affect these Terms.

SECTION 23: CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and modifications on our website. It is your responsibility to visit our website periodically to learn of the modifications. We will notify you of any material modification to these Terms in accordance with applicable law and such modifications shall enter into force on the date specified in the notice. Your continued use of or access to the Services after the publication of any modification to these Terms of Service implies acceptance of such modifications.

SECTION 24: CONTACT INFORMATION
You must send us any questions about the Terms of Service to support@tomyhomeglobal.com.

SECTION 25 – GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreement by which we provide products or services shall be governed by and interpreted in accordance with the laws of Hong Kong.

By making a purchase on this website, the user agrees that the transaction is carried out under the law of Hong Kong and that any dispute, claim, or controversy arising from the use of this site, the purchase of products, or the application of these Terms of Service shall be governed by the laws of Hong Kong.

Any dispute related to these Terms of Service or the use of this website shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

Users accessing this site from other countries acknowledge that purchases are processed under the law of Hong Kong and agree to comply with all applicable laws.