Terms and Conditions of Use
Last updated: September 12, 2016
This website, www.toreshgames.com, is owned and operated by Toresh Games Ltd and is subject to the following terms and conditions. Please read the terms and conditions of use carefully before using this website. By visiting and using the website, and the products and services offered through it, you consent and agree to be bound by these terms and conditions of use, including all related policies, terms, conditions, laws and regulations applicable to usage of the Internet. If you do not agree with any of these terms and conditions of use, please do not use the website in any way.
Toresh Games reserves the right to change, modify, add or remove portions of these terms and conditions of use at our discretion and at any time. Toresh Games further reserves the right to make changes to its policies, the website or its Products at our discretion and at any time.
You expressly agree that your use of the website is at your sole risk, including cases of negligence, and that Toresh Games will not be liable for any damages of any kind arising from the use of the website, including, but not limited to, direct, indirect, incidental, punitive and consequential damages.
By visiting the website, you agree that the laws of the State of Colorado and the United States of America (USA), without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and Toresh Games.
ARBITRATION AND DISPUTES
Toresh Games reserves the right to have a dispute settled via arbitration rather than a legal court case. In order to discourage unjustified disputes, when a dispute is brought to court and where you do not prevail, you agree to pay all court costs and fees, including all the reasonable expenses of our lawyers.
ACCURACY OF INFORMATION AND LIMITATION OF LIABILITY
The website is owned and maintained for entertainment, information, education, communication and e-commerce in the United States of America (USA), and shall be governed by the laws of the State of Colorado. Toresh Games does not provide any guarantees or warrants that the information presented on the website is accurate, complete, reliable, current, error-free or in compliance with or appropriate for use outside of the USA. If you access the website from outside of the USA, you are responsible for any and all compliance with local laws and regulations. Toresh Games takes no responsibility and assumes no liability for any content that is inaccurate or omitted.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TORESH GAMES AND ITS SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED. TORESH GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TORESH GAMES DOES NOT WARRANT THAT THE WEBSITE, INCLUDING ITS INFORMATION AND CONTENT, IS ACCURATE, APPROPRIATE AND RELIABLE OR THAT THE WEBSITE IS FREE OF ERRORS, BUGS, VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree that you will not disrupt the normal operations of the website, nor will you endanger its integrity either through acts of piracy or by corrupting the information it contains. You also agree that you will not prevent other users, either fully or partially, from accessing the website. If you do not fully agree with these conditions, you must immediately stop using the website.
CONTENT CREATED BY USERS AND VISITORS
The website may allow you to post and publish information, reviews and testimonials (“Content”). You are not permitted and shall not post or otherwise publish any Content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy rights, abusive, illegal, or that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. You are not permitted and shall not, without our express written approval, post or otherwise publish any Content which is a solicitation of funds, promotion, advertising, or solicitation for goods or services. You are not permitted and shall not post or otherwise publish any Content which violates national and international copyright laws and regulations.
OWNERSHIP OF CONTENT
Content such as forum messages, reviews and testimonials, including comments or suggestions, may be considered public information. Any information, with the exclusion of personal information, you provide to us or post on the website may be used by Toresh Games for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.
GAME DESIGN CONTENT
Any unsolicited transmission of game ideas, concepts or mechanics, either posted to the website or transmitted to us in any form, will be treated by Toresh Games as non-confidential and non-proprietary.
LINKS TO OTHER WEBSITES
Links to other, third-party websites are included on our website. Toresh Games has not reviewed, and has no control over, all of the linked sites. We are not responsible for the contents of any third-party website linked to our website, and the inclusion of a link on our website does not imply or constitute an endorsement by Toresh Games. Toresh Games does not assume any responsibility or liability for the actions, products, and content of any other third-party website.
TORESH GAMES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF LINKED SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Following a link from our website to a third-party website is at your own risk.
You are responsible for maintaining the confidentiality of your account and password (your Login information), as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Toresh Games.
Nothing appearing on the site shall be construed as granting, by implication, or otherwise, any license or right to use any trademarks owned or controlled by Toresh Games. All other products, brand names and trademarks not owned or controlled by Toresh Games are the property of their respective owners.
All Content on the website is copyrighted unless otherwise indicated, and may not be copied, reproduced, uploaded, posted, distributed or modified except as provided in these terms and conditions of use or without the express written permission of Toresh Games. Toresh Games neither warrants nor represents that Content, information or images displayed on the website, or your use of the Content, will not infringe on the rights of any third-parties.
Children under the age of 13 must have the permission of their parents or guardian before using the website.
SALES TERMS AND CONDITIONS
The following terms and conditions apply when purchasing services or Products through the website:
The purchase of Products from the website is available to anyone in the world, and is subject to shipping fees. The country of origin for Products produced by Toresh Games is the USA. The country of origin for Products produced by other manufacturers is subject to their order fulfillment process.
DISCOUNTS AND COUPONS
From time to time Toresh Games may offer discounts or coupons that can be used to reduce the price of an item or cost of an order. Discounts and coupons may include an expiration date beyond which the discount or coupon is no longer valid. Discounts and coupons are only redeemable on the website and cannot be redeemed with any other company. Discounts and coupons cannot be redeemed for cash. Discounts and coupons are non-transferable. Unless otherwise stated, discounts and coupons may only be used once. Discounts and coupons are applied before the calculation of shipping charges and sales tax. Conditions, validity and redemption value may change at any time and without prior notice.
The prices of Products displayed on the website are retail prices, and do not include applicable taxes. Any applicable taxes will be added at the time of purchase. All prices are listed in US dollars. In case of market volatility, Toresh Games reserves the right to modify the prices of Products on the website at any time and without prior notice.
Toresh Games works diligently to keep a sufficient quantity of Products on hand; however, because of the fluctuation of orders, we cannot guarantee the availability of all of the Products. If we are unable to fulfill / ship a Product order within the 30 days following the time the order was placed, you will be contacted by e-mail or phone. In such a case, you may opt to wait and have the order fulfilled when the Product becomes available, or to have any funds already paid credited to your account. Toresh Games reserves the right to limit the quantity of Products ordered.
MULTIPLE PRODUCT ORDERS
For orders containing multiple Products, we will make every attempt to ship all items contained in the order at the same time; however, Products may be shipped from more than one location and will arrive separately. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge will be applied to the first product(s) shipped on a multiple shipment order.
The total amount of your order must be paid in full at the time of purchase. We accept credit cards and online payment services as forms of payment. There is no surcharge for using your credit card to make purchases. It is your responsibility to ensure that the billing information you enter, including your address, phone number and credit card information, is accurate, current and valid. Incorrect information will cause a delay in processing your order.
Applicable sales tax for orders to be delivered to addresses within the same taxing authority where Toresh Games holds a presence will be added to the purchase total during checkout. For orders shipped to other areas, you (the shopper) are solely responsible for any sales taxes and / or other taxes that may apply.
SHIPPING AND HANDLING
Toresh Games provides different shipping options based on the shipping address when placing an order.
Shipment within the Continental United States, Alaska, Hawaii and Puerto Rico:
International Shipment to Canada:
Click here to see Toresh Games’ current Shipping and Handling rates.
Currently Toresh Games processes and ships items Monday through Friday. Orders placed on Saturday or Sunday will be processed and / or shipped the following business day. We also do not process or ship orders on the following U.S. holidays: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas. Additional processing time may be necessary on bank closure holidays. Orders placed after 3pm Mountain Time will typically ship the following business day. During peak periods, however, delays or longer order processing times may occur. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you through the website or other parties only as an estimate.
Customs Fees and Import Duties
Customs and import policies vary widely from country to country. Customs or import duties and / or fees may be levied once your order reaches your country. You will be the importer of record and will be responsible for any additional duties or fees for customs clearance or import. We have no control over such fees and have no way of predicting what they may be. You should contact your local customs office to determine any potential fees prior to placing an order. Toresh Games cannot issue credit for international packages that are not delivered due to non-payment of duties or fees.
Refused or Abandoned Orders
Toresh Games will make every reasonable effort to get your package to you, but Toresh Games cannot issue credit for international packages which are refused or abandoned.
Your designated ship-to address must reflect your address or the address of the ultimate end-user.
For each order placed through our website, a confirmation email will be sent to the email address entered during checkout or to the email address associated with your account. This email serves as your proof of purchase and may be requested for certain support issues.
Products will be shipped to the shipping address provided by you during checkout or to the shipping address associated with your account. All UPS shipping choices will include the option to track your order. All USPS shipping choices do not include the option to track your order. If a UPS shipping choice is selected, once your order is shipped an email will be sent to the email address entered during checkout or to the email address associated with your account. The email will include the shipment tracking number. Simply follow the instructions provided in the email to track the status of your order.
Please Note: Because our website includes items delivered by other companies, we can only process returns and refunds for items manufactured by Toresh Games and purchased through our website. Items delivered through other companies or purchased elsewhere must be returned through the original manufacturer or retailer.
You may return any Toresh Games manufactured Product ordered through our website for a full refund (minus shipping and handling charges) within seven (7) days of the date of delivery, provided the product is in its original condition. To return the item, simply follow the Return Instructions provided on the invoice included in your order. Please make sure to include the reason for returning the Product.
If you receive a Product that is damaged, defective, incomplete or missing components, you must submit a ticket or contact Toresh Games within 30 days of the date of delivery. Please make sure to include a full description of the damage, defect or missing components. We will replace the Product or damaged, defective or incomplete components free of charge, within a reasonable amount of time once the request is received.
All sales are considered final seven (7) days after the date of delivery.
The terms and conditions presented in this policy constitute the entire agreement between Toresh Games and any visitor or user of our website. If Toresh Games fails to enforce any part of this agreement, this does not mean in any way that it renounces any other part of the agreement in whole or in part. If any of the terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.