The Tinkersphere website, currently located at http://Tinkersphere.com (including any sub-domains, subpages, directories, or mobile versions of the website), and all Tinkersphere mobile applications and online services (collectively the "Site") are made available to you by Tinkersphere Corp. ("Tinkersphere," "us," "we," or "our").
1. Acceptance of Terms
2. Age Eligibility for Use and Access of the Site
Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 13 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.
3. Account Registration
When you visit the Site you have the option of registering with Tinkersphere. By registering with Tinkersphere you may receive certain benefits, such as an expedited check-out process and access to your online order history. Registration is not required to access or use the Site, but you understand and acknowledge that certain features of the Site or benefits offered by Tinkersphere may only be available to registered users. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
4. Purchasing Products from the Site
All purchases of products and services from the Site are subject to the Tinkersphere Terms of Sale below. The Terms of Sale is where you will find information on our policies and procedures relevant to your online purchase, including but not limited to shipping, taxes, returns and exchanges, gift cards, and other similar or related policies.
5. Ownership and Content
The content, including all text, graphics, logos, images, audio clips, video, data and other materials available through the Site (collectively "Content") is the sole property of Tinkersphere and its licensors, and is protected by copyright, trademark and other intellectual property laws. Accordingly, Tinkersphere and its licensors expressly reserve any and all rights and licenses not explicitly granted to you under these Terms. Subject to your compliance with these Terms, you shall have a non-exclusive, non-transferable, limited right to access and make personal use of the Site and the Content for non-commercial purposes only. Except as noted above, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any manner any Content from the Site, without the express written consent of Tinkersphere.
6. Trademarks and Logos
The Site contains valuable trademarks owned and used by us to distinguish Tinkersphere, its brand, and the services from those of others. The Site may also contain references to other entities' trademarks and service marks, but such references are for identification purposes only. We do not claim ownership in, or any affiliation with, any third-party trademarks or service marks appearing on the Site. You agree not to use or display any trademarks you do not own without our prior written consent or the consent of the owner of such mark.
7. Acceptable Use of Our Site
By accessing the Site, you agree that you will not (and will not permit or encourage others to): (1) Use the Site or Content in violation of any applicable law, regulation, or ordinance; (2) Conduct fraudulent activities on the Site; (3) Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Site or the Content for any commercial purpose without the express written consent of Tinkersphere; (4) Transmit, copy, or download any Content (in whole or in part) for the benefit of any other merchant; (5) Use or attempt to use any software, tool, agent, robot, spider or other similar data mining, scraping and extraction tools to navigate, search, or crawl the Site; (6) Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site; or (7) Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
8. Links to Our Site
You are allowed to establish a hypertext link ("link") to the Site so long as the link does not state or imply any sponsorship of your Site by us. Without our prior express written permission, you may not frame, or in-line link, any of the Content or components of the Site, or incorporate into another Site or other service any of our intellectual property. Please contact us if you would like to request permission to frame any Content appearing on the Site or in-line link to the Site.
9. Links to Third Party Sites
The Site may provide links or widgets that permit you to access or interact with other websites (including social media sites) maintained by third parties. When you engage a third party's website or service which is linked to the Site, you are interacting with the third party and not with us. Such linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained within a linked website, or any changes or updates to such third-party websites. Posting of a link, advertisement, or widget pertaining to another website does not constitute endorsement of that website (or any of the products, services or other materials offered through that website) by us or our licensors, regardless of whether or not the link is associated with a third party advertisement carried by the website. Accordingly, we are not responsible for the privacy practices of such third party websites nor any data or information you may share with such other websites, and make no warranties, express or implied, as to any third party websites or the products or services they provide. We therefore encourage you to be aware of this when you leave our Site, and to read the privacy policies and associated terms and conditions for each and every website that you visit.
10. Changes to the Site and Termination
We have the right, in our sole discretion, to terminate, change, or suspend (temporarily or permanently) any aspect of our Site, at any time, without notice or liability to you. Additionally, we reserve the right to restrict, suspend or terminate your use of and/or access to the Site, at any time, and for any reason, without notice or liability to you.
11. Errors, Inaccuracies, Availability
We attempt to display the product images shown on the Site as accurately as possible. However, we cannot guarantee that the color you see matches the actual product color, as the display of the color depends, in part, upon the monitor you are using. Prices and availability of products displayed on the Site are subject to change without notice. Tinkersphere seeks to describe and display its products accurately on the Site. However, you understand and acknowledge that despite these efforts, our Site may contain errors, may be missing information, or may not be current. We reserve the right to correct any errors or omissions, and to update information at any time without notice or liability to you.
WE PROVIDE THE USE OF THE SITE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SITE (INCLUDING ANY AND ALL OF THE INFORMATION, CONTENT, AND/OR MATERIALS CONTAINED THEREIN) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT YOU UPLOAD TO THE SITE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSION, AND AS A CONSEQUENCE SUCH EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TINKERSPHERE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TINKERSPHERE'S MAXIMUM AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL BE LIMITED TO FIFTY U.S. DOLLARS ($50.00). THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF A FAILURE OF THE ESSENTIAL PURPOSE OF ANY OTHER REMEDY. THE PARTIES AGREE THAT THE ABOVE PROVISIONS FAIRLY ALLOCATE THE RISK BETWEEN THE PARTIES, WITHOUT WHICH THEY WOULD NOT HAVE ENTERED INTO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS, AND AS A CONSEQUENCE THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to indemnify and hold harmless Tinkersphere, its subsidiaries, affiliates, subcontractors, suppliers, and partners, and all of their respective officers, directors, employees, agents, or licensors, against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including all associated costs, expenses and reasonable attorneys' fees) due to or arising out of your actual or alleged breach of the Terms or unauthorized access to or use of the Site.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and interpreted in accordance with the laws of New York, without regard to its principles regarding conflicts of law or your state or country of residence. You and Tinkersphere agree that all claims, legal proceedings or litigation arising in connection with the Site will be brought solely before an arbitrator in New York County, New York and hereby irrevocably submit to, and waive any objection to arbitration.
These Terms, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Tinkersphere with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. You may not assign, transfer, or otherwise dispose of your rights and obligations under these Terms, in whole or in part, at any time. Our failure to enforce any of the provisions of the Terms or to exercise any rights or remedies under the Terms will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance. If any provision of the Terms is held to be invalid, illegal or unenforceable, such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of you and Tinkersphere, and that the remaining provisions shall remain in full force and effect.
These terms of sale (the "Terms"), constitute a legally binding contract between you ("visitor" "you" or "your") and Tinkersphere Corp. ("Tinkersphere," "us," "we," or "our") that governs your purchase of any and all products and/or services (collectively, "Item(s)") made on or through the Tinkersphere website, currently located at http://Tinkersphere.com (including any sub-domains, subpages, directories, or mobile versions of the website), and all Tinkersphere mobile applications and online services (collectively the "Site").
1. Acceptance of Terms
By placing an order for Items through the Site (an "Order"), you agree to be bound by these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT ORDER ITEMS FROM OUR SITE. Additionally, by placing an Order through the Site, you represent that you are at least 18 years old and have the legal capacity to enter into a binding contract with Tinkersphere. If you are purchasing Items on behalf of a business, by accepting these Terms, you confirm that you have authority to bind such business to a contract with Tinkersphere.
These apply to Items that you purchase on or through our Site and also extend to any Items that you may purchase at our physical retail locations ("Tinkersphere Store(s)").
We may change the Terms at any time and without notice to you. The Terms in effect at the time you place your order will govern your purchase and serve as the purchase contract between us with respect to such order. Before your next purchase, we may change the Terms without notice to you. Please be sure to review the current Terms each time you visit the Site. We recommend that you save or print a copy of the Terms for future reference when you make a purchase.
3. Placing Orders
To place an Order for Items through the Site, you must add the Items to your shopping cart, and complete the check-out process, including providing us with a valid mailing address, email and payment information. Once an Order is submitted, you may not change or cancel that Order. Please refer to our Return/Exchange Policy below for information on how to return Items you may have ordered in error. After you submit your Order, we will provide you with an Order confirmation through the Site and to the email address that you provided to us. The Order confirmation means that your Order request has been received by us; it does not mean that your Order has been accepted or shipped or that the price or availability of an Item has been confirmed. We reserve the right to reject an Order, at any time, and for any reason, in our sole discretion, including if you have not met the conditions specified at the time of the Order, if your payment cannot be processed, if the ordered Items are not available, or for errors on the Site or made in connection with your Order.
We may place a limit on the quantities of Items that may be purchased per Order, per account, per credit card, per person, or per household. If we are unable to supply the Items that you ordered, we may ship what Items you ordered that we can supply and will charge you the price, shipping, handling, and taxes applicable to the adjusted Order. In the event an Item you ordered is not available but an alternative but similar Item is available, we may contact you and offer you the option of replacing the ordered Item with its alternative. If you do not choose to purchase the alternative Item, we will cancel that Item from your Order. In the event of an error on the Site or made in connection with your Order, we reserve the right to correct the error and charge you the correct price. In that situation, we will contact you and offer you the option of purchasing the Item at the correct price or canceling your Order.
4. Pricing and Payment
The prices listed for Items available through the Site do not include shipping, handling or taxes, if applicable. Prior to you submitting your credit card or other payment method, we will add all applicable shipping, handling and taxes to the price for the Items you are purchasing. You will have an opportunity to review the shipping, handling, and taxes before you complete your Order. Each Item in your shopping cart is shown at the current price.
We offer different payment options as identified on our Site. We reserve the right to change our payment options at any time and for any reason, in our sole discretion. All Orders must be pre-paid before shipping.
5. Return/Exchange Policy
If you are not completely satisfied with the Items you have purchased through the Site you may return your Items to us within 14 days of the date of your purchase, subject to the following conditions (the "Return/Exchange Policy"):
We reserve the right to deny any return if it fails to meet the above conditions, in our sole determination.
If eligible, you will receive a refund for the purchase price of the Items and applicable sales tax. Credit will be issued to the credit card or other payment method used at the time of purchase. Please allow up to 2 weeks for your return to be processed and credit issued.
For purchases made at our New York City storefront, there are no returns. Exchange only, in-store, within 7 days for same exact product. Receipt and all original packaging required.
6. Shipping and Delivery
All Orders placed on the Site are subject to product availability. We do not guarantee that an entire Order will be shipped together. If individual Items from your Order are determined to be out of stock, we may ship the remaining Items to you, with notice to you. All shipping and delivery dates noted on the Site are estimates only. Items ordered through the Site will be shipped according to the following policies:
a. 48 Contiguous United States, Alaska, Hawaii, US Territories, APO/FPO & PO Boxes
Orders are typically processed within 1 day of their receipt. Once your Order is processed for shipping, you will receive a notification email.
b. International Deliveries
c. Gift Certificates
7. No Warranties
TINKERSPHERE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO ITEMS SOLD ON THE SITE. YOU UNDERSTAND THAT YOUR PURCHASE AND USE IS AT YOUR OWN RISK AND THAT WE PROVIDE ITEMS ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. TINKERSPHERE DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SITE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.
11. Errors on the Site
Tinkersphere seeks to describe and display its products accurately on the Site. However, you understand and acknowledge that despite these efforts, the descriptions, images, references, features, content, specifications, and prices of Items described or depicted on the Site may be incorrect or out of date at any given time. We reserve the right to make changes to the Site at any time, including to correct any errors or omissions, and to update information at any time without notice or liability to you. We attempt to display the product images shown on the Site as accurately as possible. However, we cannot guarantee that the design or color you see matches the actual product design and color.
12. Termination or Suspension
We may terminate your account or use of the Site at any time for any reason, including, without limitation, if you are in breach of these Terms. By using the Site, you agree to be responsible for any Orders you make or charges you incur prior to such termination. We may change, discontinue, or otherwise suspend the Site at any time, for any reason, and without prior notice to you.