Shipping policy
SHIPPING, FULFILLMENT, DISPATCH, AND DELIVERY POLICY
1. Definitions and Interpretation. For the purposes of this Shipping, Fulfillment, Dispatch, and Delivery Policy (hereinafter, the "Policy"), the following capitalized terms shall have the meanings ascribed to them herein: "Company," "we," "us," or "our" shall refer to the operator of this online retail establishment and its respective successors, assigns, affiliates, officers, directors, employees, agents, and representatives; "Customer," "you," or "your" shall refer to the natural or legal person placing an order through the Site; "Order" shall mean any request for Products submitted through the checkout process; "Products" shall mean the goods made available for purchase; "Carrier" shall mean any third-party logistics, postal, courier, or freight provider engaged, directly or indirectly, in the conveyance of Products; and "Business Day" shall mean any day other than a Saturday, Sunday, or recognized public holiday in the jurisdiction of fulfillment. Headings are inserted for convenience only and shall not affect the construction or interpretation of this Policy.
2. Scope, Acceptance, and Incorporation by Reference. By placing an Order, the Customer acknowledges, represents, warrants, and agrees that they have read, understood, and unconditionally accepted this Policy in its entirety, and that this Policy is incorporated by reference into, and forms an integral and indivisible part of, the Company's Terms of Service. This Policy shall apply to the maximum extent permitted by applicable law and shall govern all matters pertaining to the processing, handling, dispatch, conveyance, and delivery of Products, notwithstanding any prior representation, communication, or understanding to the contrary.
3. Order Processing and Handling Times. Following the successful authorization of payment, Orders are ordinarily subjected to internal processing, verification, quality assurance, and handling procedures over a period of approximately one (1) to three (3) Business Days; provided, however, that such interval is indicative only, is provided solely for informational convenience, and shall not under any circumstances constitute a contractual commitment, warranty, or guarantee. Orders submitted on a non-Business Day, or during periods of elevated transactional volume, promotional activity, seasonal demand, or operational adjustment, may be subject to extended and non-quantifiable processing intervals.
4. Dispatch, Conveyance, and Delivery Windows. Estimated delivery windows, where stated, represent non-binding, good-faith approximations derived from historical averages and third-party representations, and are expressly subject to variation. The Customer acknowledges and agrees that any and all transit, delivery, or arrival timeframes are estimates only, are not of the essence, and do not constitute a condition, warranty, guarantee, or representation of any kind, whether express, implied, statutory, or otherwise. Upon tender of the Products to the Carrier, the Company shall be deemed to have discharged its fulfillment obligations, and all subsequent matters of routing, conveyance, and delivery shall reside within the exclusive purview and control of the Carrier.
5. Shipping Charges, Duties, Levies, and Impositions. Shipping charges, where applicable, shall be calculated, presented, and disclosed during the checkout process prior to consummation of the transaction. The Customer shall bear sole and exclusive responsibility for any and all customs duties, import tariffs, value-added taxes, excise charges, brokerage fees, handling surcharges, or other governmental or quasi-governmental impositions levied by any competent authority in the destination jurisdiction, irrespective of whether such charges were foreseeable at the time of purchase.
6. Passage of Title and Risk of Loss. Title to, and the risk of loss, damage, deterioration, or destruction of, the Products shall pass to the Customer at the moment the Products are tendered to the Carrier. Thereafter, the Company shall bear no responsibility, liability, or obligation whatsoever in respect of any loss, damage, delay, misdelivery, non-delivery, theft, or other adverse event occurring during transit, to the fullest extent permitted by applicable law.
7. Address Accuracy and Customer Obligations. The Customer warrants the accuracy, completeness, currency, and deliverability of all shipping information furnished at the time of Order. The Company shall not be liable for, and the Customer hereby waives any and all claims arising from, any delay, loss, non-delivery, misdelivery, or additional cost resulting from inaccurate, incomplete, outdated, or otherwise deficient address particulars, nor for any failure of the Customer to be available to receive the Products.
8. Third-Party Carriers and Limitation of Agency. The Company engages independent third-party Carriers and exercises no direction or control over their operations, routing determinations, scanning practices, or delivery methodologies. No Carrier shall be deemed an agent, servant, employee, or representative of the Company, and the Company expressly disclaims any vicarious liability for the acts, omissions, negligence, or default of any Carrier.
9. Force Majeure. The Company shall not be liable for any failure, delay, or interruption in processing, dispatch, or delivery arising from or attributable to any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, severe weather, fire, flood, epidemic, pandemic, quarantine, governmental action or restriction, embargo, labor dispute, strike, civil unrest, war, terrorism, supply chain disruption, carrier failure, customs delay, infrastructure failure, or any other event of a similar or dissimilar nature constituting force majeure.
10. Lost, Delayed, or Misdirected Consignments. In the event that an Order is not received within the indicative window referenced herein, the Customer may, as their sole and exclusive recourse, contact the Company at the address set forth below, whereupon the Company may, in its sole and absolute discretion and without obligation, undertake reasonable commercial efforts to liaise with the relevant Carrier in furtherance of locating the consignment. Nothing in this Section shall be construed as imposing upon the Company any obligation to replace, refund, re-ship, or otherwise compensate.
11. Limitation of Liability. To the fullest extent permitted by applicable law, the aggregate liability of the Company arising out of or in connection with this Policy, howsoever arising, whether in contract, tort (including negligence), restitution, breach of statutory duty, or otherwise, shall not exceed the amount actually paid by the Customer for the specific Products giving rise to the claim. In no event shall the Company be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profit, loss of opportunity, or loss of goodwill.
12. Indemnification, Severability, and Survival. The Customer agrees to indemnify and hold harmless the Company from any claim arising from the Customer's breach of this Policy. If any provision of this Policy is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the offending provision shall be deemed modified to the minimum extent necessary to render it enforceable. The provisions of Sections 6, 11, and 12 shall survive the completion or termination of any transaction.
13. Amendment and Entire Agreement. The Company reserves the right, at any time and in its sole discretion, to amend, modify, supplement, or restate this Policy without prior notice, with any such revision taking effect upon publication. This Policy constitutes the entire understanding between the parties with respect to its subject matter and supersedes all prior or contemporaneous communications.
14. Contact. All inquiries pertaining to this Policy should be directed to support@toealignpro.com.