Terms of service
OVERVIEW
Welcome to Talaya. The terms “we”, “us” and “our” refer to Talaya. Talaya operates this website, located at www.talaya.co (the "Website"), including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Website.
Please see Limited Warranty, Product Disclaimers & Limitations of Liability, Sense & Safety, Return & Refund Policy and Shipping Policy (together with our Privacy Policy, the "Additional Policies") for important information about Talaya Products.
By visiting, interacting with or using the Website, you agree to be bound by these Terms of Service and all Additional Policies. If you do not agree, you should not use or access the Website.
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.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence. When you purchase a product offered on the Website ("Product(s)"), you represent and warrant that all information you provide is accurate, current, true, and complete, and that all information provided is your own and not information pertaining to someone else, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 2 - DESCRIPTIONS OF OUR PRODUCTS
We have made commercially reasonable efforts to provide an accurate representation of the Products. However, please note that colors or Product appearance may differ from how they may appear on your screen due to the type of device you use to access the Website and your device settings and configuration.
We do not warrant that the appearance or quality of any Products purchased by you will meet your expectations or be the same as depicted or rendered on the Website.
All descriptions of Products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any Product at any time.
SECTION 3 - ORDERS
Talaya reserves the right to decline or cancel an order, limit the quantities of Products you purchase, or otherwise modify an order for any reason, at its discretion. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Talaya may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, or make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made on the Website.
Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
We may offer, from time to time, promotions on the Products that may affect pricing and that may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. Once we transfer Products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Unless otherwise specifically stated in the Website, Talaya either owns or licenses all rights, including but not limited to, the copyrights, trademark rights, and patent rights, in and to the Website, all content contained on the Website, and the designs of all Products, including but not limited to the following:
The trademark Talaya™
U.S. Patent No. 12,239,250 and a pending Canadian patent for the Products.
Talaya’s rights are protected by U.S. and international intellectual property laws. You may use the Website and the Products only for your own personal use.
Exceptions:
3M Company owns all rights in and to the trademarks 3M® and COMMAND®. Talaya uses these marks only in a nominative manner to refer to 3M products.
The Website uses the Shopify platform to enable sales of the Products and related services, such as payment processing and shipping. Shopify owns all rights in and to the Shopify trademarks and the Shopify platform.
SECTION 7 - OPTIONAL TOOLS & THIRD-PARTY LINKS
The Website provides access to (1) customer tools offered by third parties when you use the Website, such as Shopify, which the Website uses to process orders, purchases, and billing; and (2) links to websites and other sources owned by third parties. Talaya neither monitors nor has any control nor input over such third-party tools and materials and cannot be held responsible for your experience with them, nor do we vouch for the truth, accuracy, or quality of these tools and materials.
You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools and third-party websites offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Please review carefully the third party's policies and practices, including those of Shopify, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 8 - REPRESENTATIONS & WARRANTIES
You represent and warrant that all the information you provide when using the Website, such as your email address, billing, payment, and shipping information, is correct, current and complete and that you have all rights necessary to provide this information.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Talaya is powered by Shopify, which enables us to sell the Products through the Website. However, any sales and purchases you make on the Website are made directly with Talaya. By using the Website, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Talaya, including any injury, damage, or loss resulting from purchased Products. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Talaya.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Website is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback that are necessary to grant the above license; (ii) your Feedback will comply with these Terms; (iii) your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right; (iv) your Feedback will not contain libelous or otherwise unlawful, abusive or obscene information, or contain any computer virus or other malware that could in any way affect the operation of the Website; (v) you have not used a false email address, pretended to be someone other than yourself, or otherwise misled us or third parties as to the origin of any Feedback.
We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that you are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - PROHIBITED USES
You may access and use the Website for lawful purposes only. You may not access or use the Website, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Talaya, Shopify or users of the Website, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Website; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 13 - RESTRICTIONS
We may, in our sole discretion, at any time without notice, restrict your ability to purchase Talaya products, in which case you will remain liable for all amounts due at that time.
SECTION 14 - DISCLAIMER OF WARRANTIES
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY THE LIMITED WARRANTY OR OTHERWISE BY TALAYA, ALL OF THE PRODUCTS, THE 3M PRODUCTS, AND THE WEBSITE ARE PROVIDED 'AS IS', WITHOUT ANY REPRESENTATION, WARRANTIES OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 15 - LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAWS, OTHER THAN
EXPRESSLY STATED IN WRITING OTHERWISE, IN NO CASE SHALL TALAYA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPLACEMENT OR REPAIR COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE TALAYA PRODUCTS OR THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ANY OF THE PRODUCTS, ANY 3M PRODUCTS, OR THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, INJURY TO ANY PERSON OR PROPERTY, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, THE 3M PRODUCTS, OR THE WEBSITE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Talaya, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Website.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 20 - GOVERNING LAW
These Terms of Service and all Additional Policies shall be governed by and construed in accordance with the federal and state courts of the state of Texas. You and Talaya consent to venue and personal jurisdiction in such courts.
SECTION 21 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at legal@talaya.co.
Our contact information is posted below:
legal@talaya.co
attn: TALAYA, #2428
2028 E Ben White Blvd Ste 240
Austin, TX 78741