Terms and Conditions

1. Acceptance of Terms

By accessing, browsing, or using the ToolyGenius.com website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, along with our Privacy Policy, Refund Policy, and Shipping Policy.

If you do not agree to these Terms, you must not use our website or purchase any products from us.

2. Eligibility

To use our website and make purchases, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete information when creating an account or placing orders
• Not be prohibited from using our services under applicable laws

If you are using our website on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration

When you create an account on our website, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, misleading, or violates these Terms.

4. Products and Services

ToolyGenius.com offers home, garden, DIY, and kitchen products for sale. Please note:

• Product Descriptions: We make every effort to display product colors, images, and descriptions as accurately as possible. However, actual colors may vary depending on your monitor settings.
• Availability: All products are subject to availability. We reserve the right to limit quantities and discontinue products without notice.
• Errors: We reserve the right to correct any errors, inaccuracies, or omissions in product descriptions, pricing, or availability at any time without prior notice.
• Specifications: Product specifications and features may change without notice as manufacturers update their products.

5. Pricing and Payment

Pricing:

• All prices are displayed in the currency indicated on the website
• Prices are subject to change without prior notice
• Prices do not include shipping costs, taxes, or customs duties unless otherwise stated
• We reserve the right to modify prices for promotions or sales at any time

Payment:

• We accept major credit cards (Visa, MasterCard, American Express), PayPal, and other payment methods as displayed at checkout
• Payment must be received in full before orders are processed and shipped
• All payments are processed securely through our third-party payment processors
• You agree to provide current, complete, and accurate billing information

6. Order Acceptance and Cancellation

Order Acceptance:

• Placing an order constitutes an offer to purchase products from us
• We reserve the right to accept or decline your order for any reason
• An order confirmation email does not constitute acceptance of your order
• Your order is accepted only when we ship the products and send a shipping confirmation

Order Cancellation:

• You may request to cancel your order before it has been shipped by contacting customer support
• Once an order has been shipped, it cannot be cancelled but may be returned per our Return Policy
• We reserve the right to cancel orders due to pricing errors, product unavailability, suspected fraud, or other reasons

7. Shipping and Delivery

Please refer to our Shipping Policy for detailed information about:

• Shipping methods and carriers
• Estimated delivery times
• Shipping costs and calculations
• International shipping and customs
• Tracking information

Important Notes:

• Delivery times are estimates and not guaranteed
• Risk of loss transfers to you upon delivery to the carrier
• You are responsible for providing accurate shipping information
• Additional customs duties or taxes may apply for international orders

8. Returns and Refunds

Please refer to our Refund and Return Policy for complete details on:

• Return eligibility and timeframes
• Conditions for returns
• Refund processing and methods
• Exchange procedures
• Damaged or defective items

9. Intellectual Property

All content on ToolyGenius.com is protected by intellectual property laws:

• Ownership: All website content, including text, graphics, logos, images, product descriptions, and software, is the property of WHATECH MOBILE CO., LIMITED or its licensors
• Trademarks: "ToolyGenius" and associated logos are trademarks of our company
• Restrictions: You may not reproduce, distribute, modify, create derivative works, publicly display, or exploit any content without our written permission
• Limited License: We grant you a limited, non-exclusive license to access and use the website for personal, non-commercial purposes

10. Prohibited Activities

When using our website, you agree NOT to:

• Violate any applicable laws, regulations, or these Terms
• Use the website for any unlawful or fraudulent purpose
• Attempt to gain unauthorized access to our systems or user accounts
• Interfere with or disrupt the website's functionality or servers
• Use automated systems (bots, scrapers) to access or collect data
• Transmit viruses, malware, or other harmful code
• Impersonate any person or entity
• Harass, abuse, or harm other users
• Engage in any activity that could damage our reputation or business
• Circumvent security features or access restrictions
• Use our website to compete with our business
• Resell products purchased from us without authorization

11. User-Generated Content

If you submit reviews, comments, or other content to our website:

• You grant us a non-exclusive, royalty-free, perpetual license to use, modify, and display your content
• You represent that your content is accurate, does not violate any laws, and does not infringe on third-party rights
• We reserve the right to remove or edit any user content at our discretion
• You are solely responsible for your submitted content

12. Third-Party Links

Our website may contain links to third-party websites or services:

• We are not responsible for the content, privacy practices, or policies of third-party sites
• Accessing third-party links is at your own risk
• We do not endorse or guarantee any third-party products or services
• We encourage you to review the terms and privacy policies of any third-party sites you visit

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our website and products are provided "AS IS" and "AS AVAILABLE" without warranties of any kind
• We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement
• We do not warrant that our website will be uninterrupted, error-free, or secure
• We do not guarantee the accuracy or completeness of any information on our website
• Product warranties, if any, are provided by the manufacturer and not by us unless explicitly stated

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WHATECH MOBILE CO., LIMITED shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim arising from your use of our website or purchase of products shall not exceed the amount you paid for the specific product or service giving rise to the claim
• We are not liable for any damages resulting from unauthorized access to your account, data loss, or system failures
• Some jurisdictions do not allow limitations on implied warranties or liability, so these limitations may not apply to you

15. Indemnification

You agree to indemnify, defend, and hold harmless WHATECH MOBILE CO., LIMITED, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including attorney fees) arising from:

• Your use of our website or products
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit to our website
• Any fraudulent or illegal activity conducted through your account

16. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using our website, you consent to our data practices as described in our Privacy Policy.

17. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of our website shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

18. Dispute Resolution

In the event of any dispute, claim, or controversy arising from these Terms:

1. Informal Resolution: We encourage you to contact us first to resolve any issues informally
2. Mediation: If informal resolution fails, both parties agree to attempt mediation before pursuing legal action
3. Legal Action: If mediation is unsuccessful, either party may pursue legal remedies in accordance with the Governing Law section

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies referenced herein, constitute the entire agreement between you and WHATECH MOBILE CO., LIMITED regarding your use of our website and purchase of products. These Terms supersede any prior agreements or communications.

21. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of WHATECH MOBILE CO., LIMITED.

22. Changes to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time:

• Changes will be effective immediately upon posting on this page
• The "Last Updated" date will be revised to reflect modifications
• Your continued use of the website after changes constitutes acceptance of the revised Terms
• We encourage you to review these Terms periodically

23. Contact Us

If you have any questions, concerns, or feedback about these Terms and Conditions, please contact us: