Terms of Service
Last updated: [PLACEHOLDER: effective date]
These terms are an agreement between you and [PLACEHOLDER: registered legal business name and entity type], which operates thetitanium.co and trades as The Titanium Company. In these terms "we", "us" and "our" mean that company, and "you" means the person using the site or placing an order.
By using the site or buying from us, you accept these terms. If you do not accept them, do not use the site.
Who can buy
You must be at least 18 and able to enter a contract. We sell to customers with United States shipping addresses only. Orders with a shipping address outside the United States will be cancelled and refunded.
Use of the site
You may browse the site and buy for personal use. You may not:
- copy, scrape, mirror or resell any part of the site or its content;
- use bots, scrapers or automated tools against the site, except for search engine crawlers obeying our robots file;
- interfere with the site's operation or security, or try to access accounts or systems you have no right to;
- use the site for anything unlawful, or in a way that infringes anyone's rights.
We can suspend or refuse service to anyone who breaks these rules.
Product descriptions and accuracy
We describe our cookware as accurately as we can, including dimensions, materials and care instructions. Photographs are representative. Color and finish can look different between screens, and small variations occur between production batches.
We do not warrant that descriptions, images or other content on the site are complete, current or free from error. Cookware performance depends on your stovetop, your heat settings and how you use and care for the pan. Follow the care instructions supplied with the product.
Pricing and errors
Prices are in U.S. dollars and exclude sales tax unless stated. Tax is calculated at checkout based on your shipping address. Prices can change at any time before you place an order.
Occasionally a product is listed at the wrong price or with the wrong description because of a typing or system error. We reserve the right to cancel any order placed at an incorrect price, even after you receive an order confirmation. If we cancel for that reason we refund you in full, promptly, and we will tell you why.
Order acceptance
Your order is an offer to buy. Our order confirmation email acknowledges that we received it; it is not acceptance. The contract forms when we ship the order.
We may refuse or cancel an order for any lawful reason, including suspected fraud, a stock shortage, a pricing error, a shipping address we cannot serve, or an unusual quantity that looks like a resale purchase. If we cancel an order you already paid for, we refund it in full.
We limit orders to [PLACEHOLDER: quantity limit per customer or per household, or delete this clause if there is no limit].
Payment
Payment is due in full at checkout. We accept the methods shown at checkout. By submitting payment details you confirm you are authorized to use the payment method.
Payments are handled by third party processors. Their terms apply to the payment itself. If a payment is declined, reversed or charged back, we may cancel the order and recover any costs.
Shipping, returns and refunds
Shipping timelines and lost parcel handling are set out in our Shipping Policy. Returns and the 90 day money back guarantee are set out in our Refund Policy. Both are part of these terms.
Risk of loss passes to you on delivery by the carrier.
Intellectual property
The site, our name, logo, product photography, copy and design are owned by us or licensed to us, and are protected by copyright, trademark and other laws. Nothing here transfers any of those rights to you.
You may not use our name, logo or content for advertising, resale listings or any commercial purpose without our written permission.
If you post a review, photo or comment about our products on our site or social channels, you grant us a non-exclusive, royalty free, worldwide license to use, reproduce and display it in our marketing, with attribution to the handle or name you used. You confirm the content is yours to give.
Third party links
The site may link to sites we do not run. We are not responsible for their content, products or privacy practices.
Disclaimer of warranties
Except for the guarantee in our Refund Policy, any express warranty we give in writing, and warranties that cannot be excluded by law, the site and our products are provided "as is" and "as available". We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows.
Some states do not allow the exclusion of implied warranties, so parts of this section may not apply to you.
Limitation of liability
To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, or loss of goodwill, arising from your use of the site or our products.
Our total liability for any claim connected with an order is limited to the amount you paid for that order.
Nothing in these terms limits liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited by law. Some states do not allow certain limitations, so parts of this section may not apply to you.
Indemnity
You agree to indemnify and hold harmless the company, its officers, employees and suppliers from any claim, loss, liability, cost or expense, including reasonable legal fees, arising from your breach of these terms, your misuse of the site, or your violation of any law or third party right.
Governing law and disputes
These terms are governed by the laws of the State of [PLACEHOLDER: governing law state], without regard to its conflict of law rules.
Any dispute will be brought in the state or federal courts located in [PLACEHOLDER: county and state for venue], and you consent to their jurisdiction.
[PLACEHOLDER: decide with counsel whether to include a binding arbitration clause and a class action waiver. Both need specific drafting, clear notice, and in some states an opt-out period, so they are deliberately left out of this draft.]
Severability and waiver
If any part of these terms is held unenforceable, the rest stays in force. If we do not enforce a provision, that is not a waiver of our right to enforce it later.
Changes to these terms
We may revise these terms. The revised version takes effect when posted, with the date at the top updated. The terms that apply to your order are the ones in force when you placed it. Continued use of the site after a change means you accept the new terms.
Entire agreement
These terms, together with the Shipping Policy, Refund Policy and Privacy Policy, are the whole agreement between you and us about the site and your order.
Contact
support@thetitanium.co
[PLACEHOLDER: registered legal business name and physical mailing address for legal notices.]