Terms of service

OVERVIEW

Welcome to Totally Random! The terms “we”, “us” and “our” refer to Totally Random. Totally Random operates this store and website, including all information, content, features, tools, products, and services, in order to provide you, the customer, with an appropriate shopping experience (the “Services”). Totally Random is supported by Shopify, which enables us to provide you with the Services.

The following terms and conditions, together with any policies referenced herein (“Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

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

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are of legal age in your state or province of residence, and that you have given us consent to allow any minors under your responsibility to use the Services on devices owned, purchased, or managed by you.

To use the Services, including browsing the online store or purchasing products and services, you may be required to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete and that you hold all necessary rights to provide such information.

You are responsible for the activity on your account and for protecting your account credentials. You may not transfer, sell, assign, or license your account to anyone else.

SECTION 2 – OUR PRODUCTS

We strive to provide an accurate presentation of our products and services in our online stores. However, the display of colors and the appearance of products may vary depending on the device you use and its settings.

We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match precisely what is shown or described online.

All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities offered to any person, geographic area, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making a purchase offer. Totally Random reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until Totally Random communicates its acceptance.

Before accepting an order, we must receive and process payment. Please check your order carefully before submitting it; Totally Random may be unable to accommodate cancellation requests once an order has been accepted. If an order is refused, modified, or cancelled, we will notify you using the email, billing address, and/or phone number you provided.

Your purchases are eligible for return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use and not for resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will appear in your order confirmation email.

Unless otherwise stated, prices do not include taxes or customs duties, nor shipping, handling, or import fees.

Prices listed in our online stores may differ from those in physical stores or in other stores owned by third parties. From time to time, we may offer promotions affecting pricing that are subject to terms separate from these Terms. In the event of a conflict, the promotional terms prevail.

For all purchases, you agree to provide accurate, current, and complete information regarding your purchase, payment, and account, and to update this information promptly to allow us to complete your transactions and contact you if needed.

You represent and warrant that: (i) the credit card details you provide are true, accurate, and complete, (ii) you are authorized to use the payment method, (iii) charges incurred will be honored by your credit card company, and (iv) you will pay the charges based on posted prices, including all applicable taxes and fees.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates and are not guaranteed. We are not liable for delays caused by shipping carriers, customs procedures, or events beyond our control.

Once products are transferred to the carrier, ownership and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

The Services—including but not limited to trademarks, branding, text, visuals, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof—are owned by Totally Random, its affiliates, or licensors, and are protected under U.S. and international intellectual property laws.

These Terms allow you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, republish, download, store, or transmit any material related to the Services without our written consent.

Except as expressly stated, nothing in these Terms grants you any license or rights to the intellectual property of Totally Random, Shopify, or third parties.

Unauthorized use may violate intellectual property laws. All rights not expressly granted are reserved.

The names, logos, product names, designs, and slogans of Totally Random are trademarks of Totally Random or its affiliates or licensors. You may not use these without written permission. Shopify trademarks belong to Shopify. All other trademarks appearing in the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be given access to third-party customer tools as part of the Services, which we do not monitor, control, or influence.

You understand and agree that we provide access to such tools “as is” and “as available”, without warranties or endorsements of any kind. We assume no liability arising from your use of optional third-party tools.

Your use of these tools is at your sole risk and discretion, and you must review and accept the terms governing these tools as provided by their respective third-party providers.

We may introduce new features or tools in the future. Such additions will also be considered part of the Services and subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain third-party materials and links to external websites (including embedded third-party features). We are not responsible for examining or evaluating such content or accuracy. Accessing third-party sites is done at your own risk.

We are not liable for issues or damages arising from your use of third-party websites, products, services, or content. Please read the applicable third-party policies before engaging in any transactions.

Any questions or complaints regarding third-party products must be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section describes the relationship between Shopify and your store and must not be removed or modified.]

Totally Random is powered by Shopify, which enables us to provide the Services. However, sales and purchases made in our store occur directly between you and Totally Random.

By using the Services, you understand and agree that Shopify is not responsible for any aspect of your transactions with Totally Random, including injuries, damages, or losses arising from your purchase of products or services. You expressly release Shopify and its affiliates from any claims, damages, or liabilities related to transactions made with Totally Random.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK]. Certain data may also be subject to Shopify’s Privacy Policy. By using the Services, you confirm that you have read these policies.

Shopify collects and processes personal data related to your access and use of the Services to operate and improve them. Data you submit is transmitted to Shopify and its partners, who may reside in other countries. See our Privacy Policy [LINK] for details on how your data is used and shared.

SECTION 11 – FEEDBACK

When you submit, upload, post, email, or otherwise transmit any ideas, suggestions, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial use.

You confirm and agree that: (i) you have all rights necessary to submit the Feedback, (ii) you have disclosed any incentives received in exchange for providing Feedback, and (iii) your Feedback complies with these Terms. We are not obligated to: keep your Feedback confidential, compensate you for it, or respond to it.

We may monitor, edit, or remove Feedback that we deem illegal, offensive, defamatory, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms.

You confirm that your Feedback does not violate any third-party rights, including copyright, trademark, privacy, personality, or other proprietary rights. You also confirm that your Feedback will not include defamatory, illegal, or obscene content, nor contain viruses or malware.

You agree not to use a false email address or impersonate another person. You are solely responsible for your Feedback.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Information provided through the Services may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, shipping charges, delivery times, or availability. We reserve the right to correct any errors or omissions, and to modify or update information or cancel orders at any time, without notice (including after an order is submitted).

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not, directly or indirectly: use the Services for illegal or malicious purposes violate any laws or regulations infringe intellectual property rights harass, abuse, insult, harm, defame, intimidate, or discriminate transmit misleading information upload or use material that violates these Terms send spam or unsolicited messages impersonate others interfere with the rights, safety, or access of other users You also agree not to: upload or transmit viruses or malicious code reproduce or exploit any part of the Services collect or track personal data of others engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping interfere with security features of the Services We reserve the right to suspend or terminate your account if you violate any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or deny access to the Services at any time, without notice. You remain responsible for any outstanding amounts owed up to the termination date.

The following sections continue to apply after termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Applicable Law, Privacy Policy, and any provisions that naturally survive termination.

SECTION 15 – WARRANTY DISCLAIMER

Information provided through the Services is for general informational purposes only. We do not guarantee its accuracy or usefulness. Your reliance on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY TOTALLY RANDOM, THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

We do not guarantee uninterrupted, timely, secure, or error-free use of the Services.

Some jurisdictions may limit or prohibit disclaimers of implied warranties; in such cases, this disclaimer may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTALLY RANDOM AND ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, MERCHANTS, SERVICE PROVIDERS, AND LICENSORS — AS WELL AS SHOPIFY AND ITS AFFILIATES — SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES ARISING FROM:

YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES

ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS

ERRORS, INACCURACIES, OR OMISSIONS IN THE CONTENT

ANY LOSS OR DAMAGE ARISING FROM CONTENT MADE AVAILABLE THROUGH THE SERVICES

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Totally Random, Shopify, and their affiliates, partners, officers, employees, agents, merchants, licensors, and service providers from any claims, damages, losses, liabilities, and reasonable legal fees arising from:

your breach of these Terms, your violation of laws or third-party rights, your access to or use of the Services.

We will notify you of claims, although delayed notice will not relieve your obligations unless you are materially affected. We may control the defense at your expense but will not settle claims imposing non-monetary obligations without your consent.

SECTION 18 – SEVERABILITY

If any provision of these Terms is deemed illegal, void, or unenforceable, it will be enforceable to the fullest extent permitted by law. The unenforceable portion will be deemed severed without affecting the validity of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any right or provision of these Terms does not constitute a waiver.

These Terms and any policies posted by us constitute the entire agreement between you and us, superseding all prior agreements or communications.

Any ambiguities in interpretation shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not assign or transfer these Terms without our written consent. Any attempted assignment is void. We may assign or transfer these Terms without notice.

SECTION 21 – APPLICABLE LAW

These Terms and any separate agreements for providing the Services are governed by the federal, state, or territorial courts in the jurisdiction where Totally Random is based. You and Totally Random consent to such jurisdiction and venue.

SECTION 22 – HEADINGS

Headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE

You may review the current version of the Terms of Service at any time on this page.
We reserve the right to update or modify any part of these Terms at our sole discretion by posting changes on our website. You are responsible for checking for updates. We will notify you of material changes as required by law. Continued use of the Services after changes constitutes acceptance.