Terms And Conditions
1. Introduction and Company Details
Operator:
This website (the “Website”), operating under the domain Tobioskits, and all
sales of products made through it are operated by Tobios Commerce LLC, a limited liability company organized under the laws of the State of Florida, United
States, with its principal place of business in Fort Lauderdale, Florida, USA.
In these Terms and Conditions, “Tobios Commerce LLC”, “we”, “us”, or “our”
refer to Tobios Commerce LLC, and “you” or “customer” refer to any individual or entity accessing the Website, browsing its content, or purchasing any
products through it.
Tobios Commerce LLC operates as a U.S.-based e-commerce retailer specializing in the sale of physical, consumer-oriented educational and creative kits, including but not limited to DIY activity kits, children’s development kits, sensory play kits, watercolor kits, embroidery kits, refill products, workbooks, and structured hands-on learning kits designed to promote creativity, engagement,
and skill development among children and families. These Products are intended for personal, non-commercial use and are marketed globally, including to customers located in the United States, European Union, United Kingdom, and
other international jurisdictions.
By accessing our Website or purchasing any Products, you agree to be bound by
these Terms and Conditions. These Terms apply to all users of the Website,
including without limitation browsers, customers, and any other users
interacting with the Website or its services. If you do not agree to these
Terms, you must not access the Website or purchase any Products.
Given the nature of our Products, which are designed for use by or in connection with children, it is expressly understood that all purchases must be made by adults or individuals of legal age in their jurisdiction, and that responsibility for
supervision, safe use, and compliance with any applicable safety instructions
rests with the purchaser. Nothing on the Website shall be interpreted as a
guarantee of developmental outcomes; all product descriptions are intended as
general informational guidance regarding intended use and educational
positioning.
Because Tobios Commerce LLC offers goods to customers in multiple jurisdictions, including the European Union and the United Kingdom, certain legal obligations arise under applicable data protection and consumer protection laws. Where required under Article 27 of the General Data Protection Regulation (GDPR), Tobios Commerce LLC may designate an authorized representative within the European Economic Area. At the time of publication of these Terms, such designation may be in process. Once appointed, the details of the EU representative will be made available in our Privacy Policy and related legal
documentation. Until such time, customers located in the EU or UK may contact us directly at info@tobioskits.com for all data protection or regulatory
inquiries.
All communications regarding these Terms and Conditions, including legal notices, consumer inquiries, and compliance-related requests, should be directed to:
Email: info@tobioskits.com
2. Scope of Terms and Acceptance
These Terms and Conditions govern your use of the Tobioskits Website and any purchase of physical products (“Products”) offered by Tobios Commerce LLC. The Products consist of tangible consumer goods, including but not limited to DIY activity kits, educational kits, creative craft kits, sensory play kits, watercolor kits, embroidery kits, refill products, workbooks, and similar hands-on learning products designed for children and families.
For the avoidance of doubt, Tobios Commerce LLC does not currently offer digital-only services or subscription-based services. All transactions relate solely to the sale of physical goods offered as one-time purchases.
These Terms incorporate by reference additional policies made available on the Website, including our Privacy Policy, Shipping Policy, and Return & Refund Policy. Each of these policies forms an integral part of these Terms and should be read carefully prior to placing an order. In the event of any inconsistency between these Terms and any other policy, these Terms shall prevail, except where mandatory provisions of applicable consumer protection law require otherwise.
Acceptance of these Terms occurs through both use of the Website and the placement of an order. By accessing, browsing, or otherwise using the Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms in relation to general Website use. By placing an order, you further acknowledge that you are entering into a legally binding contract governed by these Terms and the incorporated Policies.
You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to place an order on the Website. The Products offered are intended for use by children under adult supervision; however, all purchases must be made by an adult who assumes full responsibility for the safe use, handling, and supervision of the Products. By placing an order, you represent and warrant that you are legally capable of entering into a binding contract and that all information you provide, including billing and shipping information, is accurate, complete, and truthful.
Nothing in these Terms is intended to limit or exclude any rights you may have as a consumer under applicable law. Where such rights cannot be waived or restricted by contract, they shall remain fully applicable and enforceable notwithstanding any provision contained herein.
3. Product Information andPricing
All Product descriptions, images, specifications, and pricing displayed on the Website are provided with the intention of offering a clear and commercially accurate representation of the Products. However, due to the nature of DIY kits, children’s activity kits, and multi-component products, variations may occur in materials, colors, packaging, or included components, particularly where Products involve handcrafted, assembled, or batch-produced elements. Such variations do not constitute defects and are considered inherent to the nature of the Products.
Prices displayed on the Website are listed in United States Dollars (USD) as the default currency unless otherwise indicated at checkout. For customer convenience, localized currency conversions may be displayed; however, all transactions are processed in USD or in the currency explicitly stated during the checkout process. Exchange rates used for display purposes may not reflect the exact rate applied by your payment provider.
All prices are exclusive of taxes, including but not limited to sales tax, value-added tax (VAT), goods and services tax (GST), customs duties, import taxes, and other governmental charges, unless expressly stated otherwise. For international orders, including those shipped to the European Union, United Kingdom, or other jurisdictions outside the United States, such taxes and duties are the sole responsibility of the customer and may be collected by local customs authorities or shipping carriers upon importation. Tobios Commerce LLC does not control and cannot predict such charges, and failure to pay them may result in delays, refusal of delivery, or return of the shipment.
We make commercially reasonable efforts to ensure that all pricing and Product information is accurate, complete, and up to date. However, errors may occur, including but not limited to typographical errors, inaccuracies in Product descriptions, or incorrect pricing due to technical or human error. In the event that an error is identified, we reserve the right, at our sole discretion, to correct such error and to cancel or refuse any affected orders. Where payment has already been processed for an order affected by such error, you will be promptly notified and provided the option to reconfirm the order at the correct price or to receive a full refund without penalty.
All pricing is presented with transparency and in good faith. We do not engage in hidden fees, misleading price representations, or undisclosed surcharges. Any applicable shipping fees, where not included in the Product price, will be clearly disclosed at checkout prior to completion of the purchase.
4. Orders and Contract Formation
Placing an Order: By placing an order through the Website’s online checkout system, you are submitting a legally binding offer to purchase the selected Product(s) in accordance with these Terms and Conditions. All orders are subject to acceptance by Tobios Commerce LLC, and we reserve the right, at our sole discretion, to accept or decline any order for any lawful reason.
A contract of sale is formed only at the point when we issue a confirmation email expressly acknowledging that your order has been accepted and that payment has been successfully authorized and processed. This confirmation email will include the material details of your transaction, including the Products purchased, price, and shipping information. Prior to this confirmation, no binding obligation exists on our part to supply the Products.
We maintain internal controls designed to protect the integrity of our business operations and to prevent misuse of the Website. Accordingly, we reserve the right to refuse, cancel, or limit any order in circumstances including, but not limited to: product unavailability, errors in Product information or pricing, suspected fraudulent or unauthorized transactions, abnormal purchasing patterns, or suspected commercial resale activity inconsistent with consumer use. Where an order cannot be accepted, we will notify you promptly and, if applicable, ensure that no charge is applied or that any payment already taken is refunded without undue delay.
Given the nature of our Products—being multi-component DIY kits and children’s activity kits assembled from various materials—availability may fluctuate based on supply conditions. We do not guarantee that all Products displayed on the Website will be in stock at all times, and we reserve the right to discontinue or modify Products without prior notice.
Account Creation: Certain functionalities of the Website, such as order tracking, customer history, or expedited checkout, may require the creation of a user account. Where an account is created, you are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. You agree to notify us immediately at info@tobioskits.com of any unauthorized use, suspected breach of security, or misuse of your account. Tobios Commerce LLC shall not be liable for any loss or damage arising from your failure to protect your account credentials.
5. Payment and Billing
We accept payment through major credit and debit cards and other payment methods made available at checkout, including third-party payment processors such as Stripe, Shopify Payments, or equivalent secure payment gateways. All payments are processed through PCI-compliant systems designed to ensure the security and integrity of your financial information.
By submitting your payment information, you represent and warrant that you are authorized to use the designated payment method and that all information provided is accurate and complete. You further authorize Tobios Commerce LLC and its payment processors to charge the full amount of your order, including the purchase price of the Products, shipping costs, and any applicable taxes or fees, to the selected payment method.
Payment is charged at the time your order is accepted and confirmed. We do not operate on a deferred billing basis, subscription billing model, or recurring payment structure. All Products sold through the Website are offered exclusively as one-time purchases.
We do not store or retain full payment card details on our servers. All sensitive payment data is transmitted directly to and processed by our third-party payment providers, who operate in compliance with applicable data security standards. We may retain limited transaction information necessary for order processing, customer support, and legal compliance.
All billing information provided must be truthful, current, and accurate. Providing false or misleading billing information constitutes a breach of these Terms and may result in cancellation of orders, suspension of account access, or further action as permitted by law.
6. One-Time Purchases Only:
Tobios Commerce LLC operates exclusively as a retailer of physical products sold on a one-time purchase basis. The Website offers individual products and bundled product offerings, including DIY kits, educational kits, creative activity kits, embroidery kits, watercolor kits, refill products, workbooks, and similar consumer goods.
At this time, Tobios Commerce LLC does not offer:
• subscription services;
• recurring billing arrangements;
• automatic renewals;
• membership programs requiring recurring payments; or
• continuity shipment programs.
Customers are charged only once at the time of purchase for the specific Products selected during checkout.
All Product purchases made through the Website are processed as standalone retail transactions. Pricing displayed on product pages reflects standard one-time purchase pricing and does not create any ongoing payment obligation for the customer.
If Tobios Commerce LLC introduces subscription-based services or recurring purchase programs in the future, such offerings will be governed by separate terms and clearly disclosed at checkout prior to purchase.
7. Shipping and Delivery
We arrange for the shipment and delivery of Products in accordance with our Shipping Policy (see Shipping Policy section below), which is incorporated into these Terms by reference. The provisions set forth herein summarize key commercial and legal terms governing delivery, but the full Shipping Policy should be reviewed for operational details.
Orders placed through the Website are typically processed within one (1) to three (3) business days following confirmation of payment and acceptance of the order, unless otherwise specified at the time of purchase. “Business days” refer to Monday through Friday, excluding public holidays observed in the United States. While we endeavor to dispatch all orders promptly, delays may occur due to stock fluctuations, product assembly requirements (particularly for multi-component DIY kits), or operational factors. In the event of a material delay in dispatch, we will notify you using the contact information provided at checkout.
Delivery timeframes are provided at checkout and are based on estimated transit times supplied by third-party carriers. For standard international shipping, deliveries to major destinations such as the United States, European Union, and United Kingdom typically range between five (5) and fourteen (14) business days following dispatch, although this may vary depending on destination, shipping method, and external conditions. All delivery timeframes are estimates only and are not guaranteed. Delays may arise due to customs clearance procedures, carrier disruptions, weather conditions, or other events beyond our reasonable control. While we are not responsible for such delays, we will provide reasonable assistance in tracking shipments and facilitating communication with the carrier.
Shipping options, including applicable fees, will be clearly presented at checkout prior to completion of the order. Shipping charges do not include customs duties, import taxes, or similar governmental charges, which remain the sole responsibility of the customer as described in Section 3. We do not control and cannot predict such charges; however, we will provide accurate commercial documentation to support customs processing and minimize delays where possible.
Risk of Loss and Delivery Responsibility:
All Products are shipped under terms that ensure compliance with applicable consumer protection laws, including those of the European Union and United Kingdom. Accordingly, the risk of loss or damage to the Products remains with Tobios Commerce LLC until the Products are physically delivered to you or to a person identified by you to receive the goods. Upon confirmed delivery, responsibility for the Products transfers to you.
If a Product is lost in transit, materially delayed, or delivered in a damaged condition, you must notify us promptly at info@tobioskits.com. We will investigate the issue in coordination with the relevant carrier and, where appropriate, provide a replacement, reshipment, or refund. We may request supporting information, such as photographs of damaged packaging or confirmation of non-receipt, in order to process claims efficiently.
If you elect to arrange your own shipping method or carrier, or request delivery through a third-party service not offered by us, risk of loss or damage may transfer to you at the point the Products are handed over to your designated carrier, in accordance with applicable law.
Title to Goods:
Legal title to the Products passes to you only upon full payment and successful delivery of the goods. Until such time, Tobios Commerce LLC retains all rights, title, and interest in the Products.
Delivery Deadlines and Non-Delivery:
We undertake to deliver Products within the timeframe indicated at checkout or within a reasonable period where no specific timeframe is agreed. If delivery cannot be completed within thirty (30) days from the date of order acceptance, or within any expressly agreed delivery period, you have the right to cancel the order and receive a full refund. This right is provided in accordance with international consumer protection standards, including those applicable in the European Union and United Kingdom.
In the event of non-delivery, you must notify us so that we may investigate and provide an appropriate remedy. Refunds for undelivered Products will be processed without undue delay once non-delivery has been confirmed.
This right to cancel for non-delivery does not apply where delivery failure is attributable to customer actions, including but not limited to providing an incorrect or incomplete shipping address, failure to pay applicable customs duties, or failure to collect the shipment from the carrier or local postal authority. In such cases, we will make reasonable efforts to assist in reshipment of the Products, subject to additional shipping charges where applicable.
Customer Cooperation and Delivery Obligations:
You agree to provide accurate and complete shipping information at the time of order and to cooperate with any reasonable requests from the carrier or customs authorities necessary to complete delivery. Failure to do so may result in delays, additional charges, or return of the shipment.
8. Returns and Withdrawal(Cancellation)
We want you to be satisfied with your purchase of our DIY activity kits, children’s educational kits, and related physical Products. Our Return and Refund Policy (as detailed in the Return and Refund Policy section below) is incorporated into these Terms by reference. The following summary outlines the key rights and procedures applicable to returns, cancellations, and withdrawals.
30-Day Return Guarantee:
We offer a 30-day return policy applicable to all customers worldwide. If, for any reason, you are not satisfied with your Product, you may return it within thirty (30) days of delivery for a refund, exchange, or store credit in accordance with these Terms. Given the nature of our Products—being multi-component kits intended for assembly, learning, and creative use—the Product must be returned in like-new condition, including all original components, materials, instructions, and packaging, to qualify for a full refund. Reasonable handling necessary to inspect the Product is permitted; however, use beyond such inspection may result in deductions as described below.
EU/UK 14-Day Right of Withdrawal:
If you are a consumer located in the European Union or United Kingdom, you are entitled to a statutory 14-day “cooling-off” period during which you may withdraw from the contract without providing a reason. This period begins on the day following delivery of the Product. To exercise this right, you must notify us within fourteen (14) days of delivery of your intention to withdraw. You then have an additional fourteen (14) days to return the Product.
Our 30-day return policy extends this statutory right; however, we expressly guarantee that the legal 14-day withdrawal right is honored in full compliance with applicable law, including:
• no restocking fees or penalties;
• a full refund of the purchase price; and
• reimbursement of standard outbound shipping costs where applicable.
Refunds under the withdrawal right will be processed within fourteen (14) days of receiving the returned Product or proof that the Product has been returned, whichever occurs first.
How to Initiate a Return or Withdrawal:
To initiate a return or exercise your right of withdrawal, you must contact us at info@tobioskits.com with your order details and a clear statement of your intention to return the Product or cancel the contract. We will respond with detailed instructions, including the appropriate return address and any required return authorization procedures. Where applicable, you may use a standard withdrawal form under EU law, although this is not mandatory.
Return Shipping Costs:
If you are returning a Product due to a change of mind or because you no longer wish to keep it, you are responsible for the return shipping costs. We may, at our discretion, assist by recommending shipping methods or providing a return label, the cost of which may be deducted from your refund. If the return is due to a defect, damage, or error attributable to us, we will bear the cost of return shipping or provide a prepaid return label.
Given the nature of our Products as children’s kits containing multiple components, we strongly recommend that all returned items are packaged securely and shipped using a trackable service. You remain responsible for the Product until it is received by us.
Condition of Returned Items:
You are entitled to inspect and handle the Product to the extent necessary to determine its nature, characteristics, and functioning, as would be permitted in a physical retail environment. However, if the Product is returned in a condition that reflects use beyond such inspection—including missing components, damaged materials, or incomplete kits—we reserve the right to apply a deduction to the refund amount to reflect the diminished value of the Product.
In the context of DIY and children’s kits, this may include, for example:
• opened or used consumable materials (e.g., craft supplies, adhesives, paints);
• partially assembled or altered kit components;
• missing instructional materials or packaging;
• signs of prolonged or repeated use beyond evaluation.
Any such deduction will be calculated reasonably and communicated to you in advance.
Exchanges:
If you wish to exchange a Product (for example, for a different kit or variation), you may do so by returning the original Product in accordance with these procedures and placing a new order. In cases where the Product is defective or damaged, we will offer you the option of a replacement at no additional cost or a full refund.
Non-Returnable Items:
Certain items may not be eligible for return once opened, particularly where this is necessary for hygiene or safety reasons, or where the nature of the Product makes it unsuitable for return after use (for example, kits containing consumable materials that cannot be reused once opened). Any such limitations will be clearly indicated on the relevant Product page. This does not affect your rights where a Product is faulty, damaged, or not as described.
Return Address:
Returns must be sent to the return facility designated in our return instructions. As Tobios Commerce LLC operates a globally distributed fulfillment model, the return address may vary depending on your location and the origin of shipment. The applicable return address will be provided upon initiation of the return process. We do not guarantee the availability of local return centers in all regions.
Refund Processing:
Upon receipt of the returned Product, we will inspect it and confirm its condition. Refunds for approved returns will be issued to the original payment method within fourteen (14) days of receipt of the Product or proof of return shipment, whichever is earlier. While we process refunds promptly, the timing of the funds appearing in your account may depend on your financial institution.
Where the entire order is returned, we will refund the original outbound shipping cost up to the value of standard shipping, in accordance with applicable EU consumer law. For partial returns, refunds will be adjusted proportionately. Import duties and taxes paid by the customer are generally non-refundable by us, although you may seek reimbursement from your local customs authority where applicable.
Refused Delivery:
If you refuse delivery of a Product, this will be treated as a return. Once the Product is returned to us by the carrier, it will be processed in accordance with this Section. No restocking fee will be applied. You will be entitled to a refund of the Product price, less any applicable return shipping costs or fees incurred due to the refusal, where permitted by law. You will not be penalized for exercising your lawful right to return Products.
These return and withdrawal provisions are designed to comply with, and in many respects exceed, applicable consumer protection laws, including the EU Consumer Rights Directive and relevant U.S. state laws. Nothing in this Section limits your statutory rights, including the right to remedies for defective or non-conforming goods. If you have any questions regarding returns, you may contact us at info@tobioskits.com, and we will assist you in accordance with these Terms.
9. Product Quality, Warranties,and Legal Rights
We stand behind the quality, safety, and intended functionality of our DIY activity kits, children’s educational kits, and related Products. All Products supplied by Tobios Commerce LLC are expected to conform to the descriptions, specifications, and representations provided on the Website and to be of satisfactory quality and reasonably fit for their intended purpose, which includes hands-on learning, creative engagement, and supervised use by children and families.
Given the nature of our Products as multi-component kits designed for assembly, experimentation, and interaction, it is understood that certain elements may involve handling, construction, or supervised use. Accordingly, proper use in accordance with any instructions provided is essential to achieving the intended results.
Statutory Warranty (EU/UK):
If you are a consumer located in the European Union or United Kingdom, the Products you purchase from us are covered by a statutory legal guarantee of conformity. This means that if a Product is defective, not as described, or fails to perform as reasonably expected, you are entitled to have the Product brought into conformity through repair or replacement, or to receive an appropriate price reduction or refund.
This legal guarantee applies for a minimum period of two (2) years from the date of delivery, or longer where required by the national laws of your country. This guarantee is provided at no cost to you and cannot be waived or restricted by contract. For UK consumers, equivalent protections are provided under the Consumer Rights Act 2015, including requirements that Products be of satisfactory quality, fit for purpose, and as described.
Nothing in these Terms limits or excludes these statutory rights. If you encounter an issue within the applicable guarantee period, you should contact us, and we will address the matter in accordance with your legal rights.
Implied Warranties (United States):
For consumers in the United States, our Products are subject to implied warranties under applicable state law, including the implied warranty of merchantability and, where applicable, fitness for a particular purpose. We do not disclaim these implied warranties where such disclaimer is prohibited by law.
While certain jurisdictions permit limitations on implied warranties, Tobios Commerce LLC elects to maintain a baseline level of product assurance. Accordingly, we provide a global commercial warranty period of twelve (12) months from the date of purchase, during which we will address defects in materials or workmanship that arise under normal use conditions.
This voluntary warranty operates in addition to, and does not replace or limit, any statutory rights you may have under applicable law.
Commercial Warranty (12-Month Coverage):
If a Product is found to be defective or not in conformity with its description within twelve (12) months of purchase, you may contact us to request a remedy. Depending on the circumstances, we may:
• repair the Product (where feasible);
• replace the Product with an equivalent item; or
• provide a refund or partial refund reflecting the issue.
This commercial warranty is provided globally and is intended to ensure a consistent baseline of quality assurance across all markets.
Manufacturer’s Warranty and Additional Coverage:
Certain Products may include manufacturer warranties or additional coverage terms, particularly where components are sourced from third-party suppliers. Any such warranties will be disclosed with the Product and operate alongside, and not in place of, your statutory rights.
If we introduce extended warranty programs or service plans in the future, the terms of such offerings will be provided separately at the point of purchase.
How to Obtain Warranty Service:
If you believe a Product is defective, not as described, or has failed prematurely, you should contact us at info@tobioskits.com with your order details and a description of the issue. We may request supporting information, such as photographs or a description of how the Product was used.
Where necessary, we will provide instructions for returning the Product for inspection. If a defect is confirmed, we will arrange repair, replacement, or refund as appropriate, and we will bear reasonable costs associated with remedying the issue. Any repair or replacement will be carried out within a reasonable timeframe and without significant inconvenience to you.
Limitations and Proper Use:
Our warranties and guarantees do not cover damage resulting from:
• misuse, improper assembly, or failure to follow instructions;
• unauthorized modification or alteration of the Product;
• accidents, negligence, or improper storage;
• normal wear and tear, particularly for consumable components included in DIY kits (such as craft materials, adhesives, paints, or similar items).
Given the interactive nature of our Products, some degree of variation in outcome or performance may occur depending on user handling, assembly accuracy, and supervision. Such variations do not constitute defects.
Notwithstanding the above, we will assess all warranty claims in good faith and in a manner consistent with our commitment to customer satisfaction.
10. Limitation of Liability
No Unlawful Exclusions:
Nothing in this Section, or elsewhere in these Terms, is intended to exclude or limit any liability that cannot be excluded or limited under applicable law. This includes, without limitation:
• liability for death or personal injury caused by our negligence;
• liability for fraud or fraudulent misrepresentation; and
• liability arising from the breach of statutory consumer rights.
For consumers in the European Union and United Kingdom, we do not exclude or limit liability for failure to supply Products that meet legal requirements of quality and conformity. For consumers in the United States, we do not exclude liability for violations of applicable consumer protection laws, including prohibitions against unfair or deceptive practices.
Indirect and Consequential Damages:
Subject to the above, Tobios Commerce LLC shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website or purchase of Products. This includes, without limitation, loss of profit, loss of business opportunity, loss of data, or other economic losses, even where such damages are foreseeable.
Our Products are intended for personal, domestic, and non-commercial use, including supervised use by children and families. To the extent permitted by law, we shall not be liable for losses arising from commercial use, resale, or use outside the intended purpose of the Products.
Direct Damages Limitation:
Except for liability that cannot be limited under applicable law, our total aggregate liability to you for any claims arising out of or related to your purchase or use of Products shall not exceed the total amount paid by you for the Product giving rise to the claim. This limitation applies on a cumulative basis and not per individual incident.
No Waiver of Consumer Rights:
You may have legal rights under consumer protection laws that cannot be excluded or limited. The limitations set out in this Section are intended to operate to the fullest extent permitted by law while preserving those rights. For example, EU and UK consumers retain rights to remedies for non-conforming goods, and nothing in these Terms restricts those rights.
Force Majeure:
Tobios Commerce LLC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is caused by events beyond our reasonable control. Such events include, but are not limited to, natural disasters, acts of war or terrorism, civil unrest, pandemics, supply chain disruptions, labor disputes, or failures in transportation or utilities.
Where a force majeure event prevents fulfillment of an order, we will take reasonable steps to inform you and, where appropriate, provide a refund or alternative solution. This provision does not affect your right to receive a refund for Products that are not delivered.
11. Governing Law and DisputeResolution
Governing Law:
These Terms and Conditions, and any dispute, claim, or controversy arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Notwithstanding the foregoing, if you are a consumer residing outside the United States, including in the European Union or United Kingdom, you may be entitled to certain mandatory consumer protections under the laws of your country of residence, and nothing in these Terms shall deprive you of those protections. Where such laws provide you with rights that cannot be contractually waived or limited, those rights shall prevail to the extent required.
Good-Faith Resolution:
Before initiating formal proceedings, you agree to contact us at info@tobioskits.com to seek resolution of any dispute. Both parties agree to engage in good-faith efforts to resolve any claim, controversy, or dispute informally. We will make commercially reasonable efforts to respond promptly and resolve concerns in a fair and efficient manner.
Binding Arbitration (United States Focus):
Except where prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the purchase or use of our Products shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable rules, including the Consumer Arbitration Rules where appropriate.
Arbitration shall take place in the State of Florida unless otherwise required by law or mutually agreed between the parties. The arbitrator shall have authority to award any relief that would be available in a court of competent jurisdiction, subject to the limitations set forth in these Terms.
By agreeing to arbitration, you understand and agree that:
• you are waiving the right to a trial by jury;
• disputes will be resolved on an individual basis; and
• arbitration procedures may be more limited than those available in court.
Class Action Waiver:
To the fullest extent permitted by applicable law, you agree that any dispute shall be conducted solely on an individual basis and not as part of any class, collective, or representative action. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration.
If any portion of this class action waiver is found to be unenforceable, the remaining provisions shall remain in effect to the maximum extent permitted by law.
International Consumer Rights and Carve-Outs:
Where applicable law requires that disputes be resolved in local courts or through specific dispute resolution mechanisms (for example, certain EU consumer protections), such provisions shall apply notwithstanding the arbitration clause above. This includes situations where arbitration clauses may not be enforceable against consumers under local law.
We are not currently enrolled in any specific EU or UK alternative dispute resolution (ADR) scheme; however, we remain open to voluntary mediation or dispute resolution processes where appropriate.
12. User Conduct and Site Use
When using the Website, you agree to do so solely for lawful purposes and in accordance with these Terms. You must not engage in any conduct that interferes with or disrupts the operation of the Website or that compromises its security, integrity, or functionality.
Prohibited conduct includes, but is not limited to:
• attempting to gain unauthorized access to the Website, servers, or associated systems;
• introducing viruses, malware, or other harmful code;
• engaging in data scraping, automated extraction, or unauthorized collection of information;
• using the Website for fraudulent purposes or to conduct unauthorized transactions;
• infringing upon intellectual property rights associated with the Website or its content.
Any content submitted by you, including reviews or feedback, must be lawful, accurate, and not misleading, defamatory, or offensive. We reserve the right to remove or modify user-submitted content that violates these standards or applicable laws.
Tobios Commerce LLC retains the right to suspend or terminate access to the Website where misuse is identified.
13. Accessibility and Language
Language of Contract:
These Terms and Conditions are drafted in the English language, which shall be the governing language for all contractual interpretation. Where translations are provided for convenience, such translations are non-binding and shall not override the English version.
By using the Website and placing an order, you acknowledge that you understand the English language sufficiently to enter into a binding agreement. If you require clarification or assistance, you are encouraged to contact us prior to completing a transaction.
Accessibility (ADA Compliance):
Tobios Commerce LLC is committed to ensuring that its Website and services are accessible to all users, including individuals with disabilities, in accordance with the Americans with Disabilities Act (ADA) and applicable accessibility standards.
We aim to maintain a user experience that accommodates a wide range of abilities and technologies. If you encounter any accessibility barriers or require these Terms or other content in an alternative format, you may contact us at info@tobioskits.com, and we will make reasonable efforts to provide assistance and appropriate accommodations.
We are committed to continuous improvement in accessibility and welcome feedback from users to enhance the usability of our Website.
14. Changes to Terms
We reserve the right to update, amend, or modify these Terms and Conditions from time to time to reflect changes in our business practices, Product offerings, or legal obligations.
Updated Terms will be posted on the Website with a revised “Last Updated” date. For material changes, we may provide additional notice, such as through email communication or prominent notices on the Website.
Your continued use of the Website or purchase of Products after such changes have been published constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Website and refrain from making further purchases.
No amendment to these Terms will operate retroactively to materially reduce your rights or increase your obligations in respect of transactions already completed, unless required by law.
15. Contact Information
Tobios Commerce LLC is the responsible operator of the Website and the contracting party for all transactions conducted through it. If you have any questions, concerns, or requests regarding these Terms and Conditions or any related policy, you may contact us using the details below:
• Email: info@tobioskits.com
• Mail: Tobios Commerce LLC, Fort Lauderdale, Florida, United States
At this time, we do not provide customer support via telephone. All communications must be submitted in writing to ensure proper documentation, traceability, and timely handling of inquiries. We aim to respond to all customer inquiries within two (2) business days, although response times may vary depending on volume and complexity.
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TOBIOS COMMERCE LLC
3833 Powerline Road, Ste 201
Fort Lauderdale, FL 33309
USA
Contact email for questions: info@tobioshop.com