Terms of service

OVERVIEW

This website is operated by tittimitti. Throughout the site, the terms “we”, “us” and “our” refer to Tittimitti. Tittimitti offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

These Terms apply to website services and purchases when validly accepted. By placing an order after a clear notice and an opportunity to review these Terms and linked policies, you agree to the terms applicable to that order. Mere access to a page does not by itself establish acceptance of the arbitration agreement.

Please read these Terms before ordering. If you do not agree, do not submit an order or use a service requiring acceptance. The arbitration notice in Section 18 must be reviewed as part of acceptance.

New features are subject to these Terms when applicable. Updates apply prospectively under Section 19, with legally effective notice and acceptance where required. Posting a change alone does not impose a new arbitration agreement or change an accepted order.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website, other websites, or the Internet. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT SUCH DISCLAIMERS ARE LAWFUL. THIS DOES NOT CANCEL AN EXPRESS PRODUCT WARRANTY OR A WARRANTY THAT THE LAW DOES NOT ALLOW US TO EXCLUDE.

TO THE FULLEST EXTENT PERMITTED BY LAW, TITTIMITTI IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM THE WEBSITE OR A PURCHASE. OUR TOTAL LIABILITY FOR A CLAIM RELATING TO AN ORDER WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE PRODUCT OR PRODUCTS GIVING RISE TO THAT CLAIM. THESE EXCLUSIONS AND LIMITS DO NOT APPLY TO FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, PERSONAL INJURY OR OTHER LIABILITY TO THE EXTENT APPLICABLE LAW PROHIBITS THEIR EXCLUSION OR LIMITATION. THEY DO NOT RESTRICT MANDATORY REFUND, PRODUCT CONFORMITY OR OTHER NONWAIVABLE CONSUMER REMEDIES.

SECTION 14 - ORDERS; CUSTOMER RESPONSIBILITIES

Placing an order is an offer to purchase. An automated receipt confirms receipt of that offer, not our acceptance. We accept an order when we send a shipping confirmation or otherwise expressly confirm acceptance. Before acceptance, we may refuse or cancel an order for stock shortages, a material listing or pricing error, suspected fraud, payment failure, a legal restriction or another legitimate business reason. We will notify you and refund payments for cancelled items as required by law. After acceptance, cancellation is subject to applicable law and the agreed order terms.

You are responsible for providing accurate payment, delivery and contact information and checking product dimensions, materials and care instructions before ordering. Returns and shipping are governed by the policies linked in Section 17 as presented when you ordered, subject to mandatory law. Product images may vary with screen settings; this does not excuse a materially inaccurate description. Nothing here makes our determination of a dispute final or removes lawful payment-dispute rights.

SECTION 15 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify TITTIMITTI against third-party claims and reasonable costs caused by your intentional unlawful use of the website or your submission of content that infringes a third party’s rights. This does not apply merely because you make a purchase, request a refund or pursue a good-faith complaint, or to losses caused by our conduct.

SECTION 16 - SEVERABILITY; TERMINATION

If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law, subject to the specific arbitration rule in Section 18. We may suspend website access for fraud, unlawful activity or material misuse. Suspension does not eliminate obligations relating to accepted orders, lawful refunds or accrued claims.

SECTION 17 - STORE POLICIES; ORDER AGREEMENT

By placing an order after these Terms and the linked policies have been clearly presented to you for acceptance, you agree to the Terms and policies applicable to that order, including Section 18 to the extent enforceable. The applicable policies are our Refund Policy, Shipping Policy, Privacy Policy and Contact Information. These policies do not override mandatory law. We will not apply later changes retroactively to an existing order or accrued dispute without a legally valid agreement.

SECTION 18 - INDIVIDUAL BINDING ARBITRATION; JURY AND CLASS-ACTION WAIVER

PLEASE READ CAREFULLY. EXCEPT FOR THE EXCEPTIONS BELOW, YOU AND TITTIMITTI AGREE TO RESOLVE DISPUTES ARISING FROM YOUR ORDER OR THESE TERMS THROUGH INDIVIDUAL BINDING ARBITRATION, RATHER THAN A COURT TRIAL. BOTH PARTIES GIVE UP A JURY TRIAL FOR CLAIMS THAT ARE VALIDLY SUBJECT TO ARBITRATION. THIS IS AN AGREEMENT ABOUT HOW DISPUTES ARE RESOLVED, NOT A WAIVER OF SUBSTANTIVE RIGHTS OR AN AGREEMENT THAT EITHER PARTY AUTOMATICALLY WINS.

Before commencing arbitration, either party should send written notice describing the claim and requested remedy and allow 30 days for a good-faith attempt to resolve it. Send your notice to admin@tittimitti.com; we will send ours to your provided contact address. This process does not prevent a timely filing necessary to preserve a claim or obtain relief that cannot lawfully be delayed.

Arbitration will be administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules and Consumer Due Process Protocol, available at adr.org, before one neutral arbitrator selected under those rules. The Federal Arbitration Act governs this arbitration agreement to the extent applicable. Hearings may be remote by agreement or held in a location allowed by the AAA consumer rules, including a reasonably convenient location for you; you are not required by these Terms to travel to Texas. Fees and fee waivers follow the applicable AAA rules and law. TITTIMITTI will pay the business fees and arbitrator compensation those rules require it to pay. The arbitrator may award the individual relief available under applicable law and must issue a written decision. Courts retain the authority assigned to them by law over formation and enforceability of this agreement and the award.

Either party may bring an eligible individual claim in small claims court. Nothing prevents reporting matters to a regulator, pursuing relief that cannot lawfully be restricted to individual arbitration, or bringing a claim that applicable law excludes from predispute arbitration. Court proceedings to compel arbitration, confirm or challenge an award, and other proceedings permitted by law remain available. If AAA declines administration because we fail to comply with its consumer requirements or pay required fees, you may pursue the claim in a competent court.

To the extent permitted by law, arbitration will be on an individual basis, without class, collective or representative proceedings or consolidation without all affected parties’ consent. This restriction does not waive relief or procedures that cannot lawfully be waived. If the individual-proceeding requirement cannot lawfully be enforced for a particular claim, that claim will proceed in a competent court, and the remaining claims may be arbitrated where lawful; neither party is required to participate in class arbitration without a separate agreement.

You may opt out of this arbitration agreement by emailing admin@tittimitti.com within 30 days after your first acceptance of these Terms, identifying your name, account email or order number and clearly stating that you opt out of arbitration. Opting out does not affect other Terms or your purchase. This arbitration agreement applies only after valid acceptance and does not retroactively impose arbitration on an existing dispute without agreement.

SECTION 19 - TEXAS LAW; CHANGES

Except as provided in Section 18 and to the extent permitted by applicable law, these Terms are governed by Texas law without its conflict-of-laws rules. If you are a consumer in another jurisdiction, this choice does not remove mandatory protections or access to courts available to you under laws that cannot be displaced by contract. A competent court remains available for matters not validly subject to arbitration. We may update these Terms prospectively; material changes apply only after legally effective notice and acceptance where required. No update unilaterally changes an existing dispute or a completed order.

SECTION 20 - CONTACT

Questions about these Terms and dispute notices should be sent to TITTIMITTI at admin@tittimitti.com. Current business contact details are available on our Contact Information page.

For accepted orders, mandatory rights, arbitration and changes, Sections 14 and 17–19 prevail over inconsistent general website wording elsewhere in these Terms.