Terms and Conditions

INTRODUCTION 

These Terms of use govern the access to and use Tpcshop.com , provided and managed by TPC (individually and collectively referred to as the “Company”). Any references throughout this website to TPC / we / us / our, are hence to TPC. 

These Terms set forth legally binding terms and conditions applicable to your use of our Service, however accessed and/or used, whether via personal computers, mobile devices or otherwise. 

Please be reminded that these Terms constitute an agreement between you and TPC and define your rights and responsibilities with respect to the service. Furthermore, these terms include, among other, relevant information about limitations of liability, warranties, class action waivers, applicable law. Therefore, it is important that you read and fully understand these terms before using the website and/or purchasing any goods online. 

By accessing and/or using our Service you represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and you confirm that you have read and understood the Terms and other documents referred to herein. If you do not accept or understand the Terms, please do not use, access or register with our Service. Please note that if you do not agree to these Terms, you are not entitled to use our Service and cease the use thereof. 

In addition to these Terms, you agree to abide by any supplemental policies and terms related to our Service, including without limitation our Privacy Policy. 

MODIFICATIONS OF THE TERMS 

We may modify or amend these Terms from time to time. Please review these Terms regularly to ensure that you are aware of any changes. By continuing to use the Service following the publication of modification, you accept any such change or modification. Please do not use the Service if you do not agree with any of the stipulations contained herein. 

PRODUCTS 

The products on offer through this website are representative of the TPC collection. Where applicable, TPC products are protected by patent(s) and/or by registered design(s). The designs and colors of the products shown on this website may be changed at our sole discretion. 

Products purchased from this website are supplied by TPC, The Pleasure company. Registered in Florida.  

Your placing of an order online represents an offer to purchase goods as indicated by you but is not binding on us until you have been notified by email that an order is accepted. This means that if goods shown on this website are unavailable, incorrectly priced or otherwise incorrectly described, TPC shall not be obliged to sell you those goods. A contract shall be deemed entered by both parties when you receive notification that TPC has confirmed and accepted your order. 

In addition to offering our products for sale via this website, our products are sold through select retailers worldwide. Prices on the website will generally reflect the prices offered through our retailers. However, prices on the website may differ to those of a retailer, due to: (i) special offers on the website or from retailers, (ii) individual retailer price strategies, (iii) currency fluctuation. As such, prices cannot be guaranteed and may be changed at our discretion. Not all products shown on this website are available through all TPC retailers. 

You may not distribute, resell or stock any TPC products, unless specifically authorized under contract by TPC to do so. 

ELIGIBILITY AND YOUR USE OF THE SERVICE 

The Service is intended solely for persons 21 years of age or older. Access to or use of the Service by persons under 21 years of age is expressly prohibited. 

By accessing or using the Service, you represent and warrant that you are legally considered an adult in your country or territory and agree to be bound by these Terms. Any use of the Service without parental consent is strictly prohibited. Parents and guardians are encouraged to take an active role in their children’s online and mobile activities and interests. If you have reason to believe that a child below the minimum age is using the Service without necessary parental consent, please contact us at [email protected]  and we will use commercially reasonable efforts to discontinue offering the Service to said person. 

USER ACCOUNT AND PASSWORDS 

You agree that you will be solely responsible for all activities that occur under your account for using the Service. You understand and agree that you are responsible for safeguarding your account details and maintaining the confidentiality of your passwords. You agree to notify us immediately of any unauthorized use or other security breach related to your account and/or passwords. 

PROHIBITED ACTIVITIES 

The list below contains examples of behaviors that are prohibited within your use of the Service: 

Impersonating another person; 

Accessing or using the Service in an unlawful way or for any unlawful purpose; 

Transmission of viruses, malware, or other malicious code in the Service; 

Interfering with or disrupting the Service. 

Notwithstanding any other remedies TPC might have under the applicable law, please note that TPC reserves the right to terminate or suspend your access to the Service upon becoming aware of your engagement in any prohibited activities. 

RESPONSIBILITY FOR USER CONTENT 

When you use the Service, you may generate user content, meaning any content created and/or uploaded by you, such as any text, images, and information or other content that you submit in the Service (hereinafter: „User Content“). As TPC has no control thereover, TPC explicitly excludes any and all liability for user content. You acknowledge that you are solely responsible for the user content you upload, including compliance with all laws applicable to you and/or your user content. 

If you have uploaded any User Content contrary to the applicable laws, regulations or these Terms, please send the deletion request immediately to info@TPCShop. If no deletion request is received, it shall be assumed that you have permission and the right to share the User Content with TPC. 

DISCONTINUATION AND TERMINATION 

Unless otherwise determined by a separate agreement between you and TPC, TPC reserves the right to discontinue offering the Service or any part thereof without notice or liability. 

Your right to the Service remains in effect until terminated by you or us, or, if applicable, expiry thereof. If applicable, you may terminate the Service at any time. Please note that the Service will automatically terminate without notice from TPC if you in any way breach the provisions of the Terms. 

Upon discontinuation or termination of the Service (as applicable) or a part thereof, your access or use of the Service or a part thereof will be automatically terminated, without any liability of TPC. TPC shall not be obligated to provide refunds, if applicable, or other compensation in connection with discontinuation or termination of the Service. Discontinuation and termination of the Service for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) remain to be performed, (b) have expressly been established as surviving any such discontinuation or termination, or (c) by their nature could survive such discontinuation or termination. Upon discontinuation or termination of the Service in accordance with these Terms, you must cease the use thereof. 

THIRD-PARTY MATERIAL 

The Service may contain links to websites and content owned and/or operated by third parties, which are provided for informational purposes only. TPC is not responsible for any such third-party websites or content and does not have control over any materials made available therein. By providing links to third-party websites or content, in no way does it imply TPC’s endorsement, advertising, or promotion of such websites or content made available therein. 

By accessing third-party websites or content you acknowledge that TPC bears no responsibility in relation thereto, nor assumes liability or responsibility to you or any other person for any third-party products, services, materials or websites. You are encouraged to familiarize yourself with the terms of service applicable to any third-party website or content you decide to access. 

No linking to this website is permitted without prior written authorization from TPC. 

INTELLECTUAL PROPERTY 

These Terms confer only the right to use the Service and do not convey any rights of ownership in or to the Service. All rights, title and interest, including without limitation any copyrights and other intellectual property rights in the Service or content are prepared in or for the performance of Service, remain TPC’s sole property. TPC reserves all rights not expressly granted to you in these Terms. 

You acknowledge and agree that the material contained within this website is for your private, personal and non-commercial use only. Should you copy any material from this website, you do not obtain any right, title or interest to any such material. You agree not to reproduce (except for your personal use), publish (except for downloadable media or PR materials), transmit, distribute, display, remove, delete, modify or create derivative works from any of the materials contained on this website. 

By registering your TPC product, you hereby agree to receiving e-mail content from TPC. Your information will never be shared with a third party and the ability to opt-out/unsubscribe is always available. 

These restrictions do not apply to downloadable media or PR materials provided for use in the manner specified. 

PRIVACY AND SECURITY 

Your privacy and the protection of your personal data are very important to us. For a detailed description of how we collect and use your personal data, please see our Privacy Policy where you can familiarize yourself with the choices you can make in relation to your personal data. By using the Service, you acknowledge your awareness of your rights and obligations defined in our Privacy Policy and undertake to act in accordance with all applicable laws and regulations related to personal data and data security. 

LIMITATION OF LIABILITY 

This website and its contents are provided on a ‘as is’ and ‘as available’ basis. TPC makes no representations or endorsements of any kind, express or implied, including, but not limited to, warranties of freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, or any other implied warranties arising from related dealings, usage, or trade unless otherwise prohibited by law. 

TPC does not warrant that the information contained on this website is accurate or complete, that this site is error-free or that any errors will be corrected. You agree by using this website you are doing so at your sole risk, that you assume full responsibility for all loss of data and/or costs associated with any servicing or repairs of any equipment and/or software that you use in relation to this website. TPC shall not be responsible or liable for any damages, of any kind, arising out of or caused by your use of this website unless otherwise prohibited by law. 

TPC shall be held harmless from all liability for any direct, indirect, punitive or incidental damages arising out of or in connection with the use, inability to use or performance of the information or products on this website to the extent permitted by law. We shall be under no liability for any delay or failure to deliver products or otherwise meet any obligation put forth here if the delay or failure is in full or in part caused by circumstances beyond TPC’s reasonable control unless otherwise prohibited by law. 

NOTHING IN THESE TERMS DIMINISHES OR SUPERSEDES YOUR RIGHTS AS A CONSUMER BASED ON MANDATORY PROVISIONS OF LAW. 

INDEMNITY 

You agree to defend, indemnify and hold TPC (and its subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from and against any third person’s claims, demands, expenses (including attorneys’ fees), losses or requests for damages resulting from or arising out of your breach of these Terms, or your violation of any applicable laws or third party’s rights. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms. 

GOVERNING LAW AND RESOLUTION OF DISPUTES 

The laws of Sweden, without regard to or application of its conflict of law provisions, will govern these Terms. You confirm that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, including the determination of the scope or applicability of this arbitration provision, but excluding legal action by TPC to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement, shall be settled solely before the Swedish competent courts. You agree that you may bring claims against TPC only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. 

ASSIGNMENT 

TPC may assign or delegate these Terms, in whole or in part, to any entity at any time with or without your consent.  

CONTACT 

If you have any questions about these Terms, please contact us at [email protected] . 

Privacy 

Privacy Policy details TPC’s commitment to protecting the information of visitors to the TPC website (“Visitors”) and individuals that register to use TPC services (“Customers”). It explains how personal data is collected, how it is stored, for how long it is retained, what the purposes of processing are, as well as individual rights in relation to such personal data. TPC processes personal data following the provisions of the EU General Data Protection Regulation (GDPR) and other applicable data privacy regulations. 

Please read the following carefully to understand our Privacy Policy and practices regarding your information collected through the Website, through your use of our services, and through our marketing activities. If you do not agree with this Privacy Policy and our practices, your choice is not to use our website, not to register to use our services or to unsubscribe from our marketing. 

About us  

This Privacy Policy details TPC’s treatment of personal data gathered when you access or use TPC website or Services and through TPC and marketing activities. TPC acts as the data controller of your personal data as described in this Privacy Policy when collecting personal information from: (i) Visitors to TPC website; (ii) Customers when registering to use TPC Services; and (iii) personal information received from you through our marketing activities. 

Provisions of this Privacy Policy apply to TPC and its affiliated companies. Depending on the affiliated company you came into contact with and under what circumstances, such a company shall be considered a data controller in that particular case. 

Personal Data  

Personal data means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 

Personal Data we Collect 

Personal data shared with TPC by accessing TPC website is used for the purposes of managing your relationship with TPC as well as better personalization of your experience and interaction with TPC, including customized advertising and offerings. 

When you wish to create your account on Tpcshop.com  we will ask you for your email address, first name, last name and to specify your gender.  

When you sign into your TPC account, we will ask you for your email address. If you wish to log in using Apple or Google accounts for login to Tpcshop.com , we will ask for your account information for authentication. 

When you place an order on TPCShop.com, we will ask you for your shipping address, first name, last name, company and company address (optional), shipping, and billing address, postal code, city, phone number and cardholder data. 

When you sign up for our newsletter, we will ask you for your email address. 

When you sign up for newsletter, we will ask you for your name and email address.  

Lawful basis for processing Personal Data  

The lawful basis for processing Personal Data, in the context of this Privacy Policy, is: 

Consent - In some situations we may ask you for your consent to process your Personal Data. If you provide your consent, we will process your Personal Data on the basis of such consent. You may withdraw such consent at any time. However, withdrawing your consent does not affect the lawfulness of any processing based on your consent before your withdrawal. 

Legitimate interest - We process your Personal Data on the basis of our prevailing legitimate interest to provide services to you through our website or communicating with you. When collecting and processing of your personal data is based on TPC’s legitimate interest, we give our best efforts to ensure your fundamental rights and freedoms are not overridden by TPC’s interests.   

Contract - If you engage with TPC on a contractual basis, TPC processes your Personal Data to fulfil its obligations under the contract.      

Personal data processing operations 

Use of the website 

Data shared with TPC by accessing Tpcshop.com is used for the purposes of managing your relationship with TPC as well as better personalization of your experience and interaction with TPC, customized advertising and offerings. 

Contact forms and e-mail communication 

TPC’s website contains Contact support forms through which you can reach our Support teams. To respond more efficiently, we may ask for some additional information when filling out the contact forms (including but not limited to e-mail address, phone number, country of residence). Depending on the type of inquiry, TPC will process the data expressly stated on the respective form to fulfil the purpose of replying to your request, optimizing our services, and informing you about TPC products. For these purposes, such data may be shared with third-party service providers such as Zendesk. 

To process your personal data for the processes mentioned above, TPC pursues its legitimate interest in answering your inquiry. 

Receiving TPC newsletters and direct marketing 

If you provided your email to receive TPC newsletter and/or provided your name and email address to receive TPC newsletter, we might have collected personal data contained within such email addresses.  

When subscribed to our newsletters, you will receive emails with promotional communications, including emails about TPC products. For these purposes, such data may be shared with third-party service providers. 

Subscribing to TPC newsletter is voluntary (based on the consent you have given) and you can unsubscribe at any time. In such case you will no longer receive email notifications regarding TPC products and/or services and your personal data shall be anonymized and stored in an unsubscribed list for the period of five (5) years from the day of unsubscribing, based on our legitimate interest to provide facts on compliance steps we would need to take. 

Managing online purchases 

When you wish to purchase a product on Tpcshop.com , we will process personal data you provided to us as part of your order. For the purpose of performing the contract, mandatory fields are marked as such for processing, analyzing and delivering your purchases, taking payments and making refunds and also, for fraud detection and prevention. 

After complete processing of the contract, your personal data will be restricted for further processing and deleted after expiry of the retention periods under tax and commercial law. 

We will forward your personal data to our logistics service providers within the scope required for the delivery of the ordered goods.  

As part of the payment process on Tpcshop.com , we work together with our payment service providers. Depending on the selected payment method, we will forward personal data necessary for processing the payment transaction to the selected payment service provider. In certain cases, payment service providers collect the data required for processing the payment themselves, e.g. on their own website or via technical solution within the ordering process. In this respect, please read their Privacy policy before making payment. 

We may forward personal data to our service providers, which they will use for the purpose of fraud prevention and to optimize our payment processes. 

Security of your data 

Based on our legitimate interest to protect our employees, customers, business associates, and our property we might process personal data such as log files, IP addresses, traffic data, metadata, incident reports, data from data breaches. 

To prevent unauthorized access or disclosure and to maintain data accuracy, as well as to ensure the appropriate use of such data, TPC utilizes all reasonable technical and organizational measures to protect your personal data, including but not limited to minimizing the processing of personal data, pseudonymization, and anonymization of personal data as soon as possible. Additionally, TPC continuously undertakes and upgrades different measures to ensure the highest standards for data privacy.  

Although TPC uses best industry practice in keeping the data safely stored, TPC does not warrant that the undertaken safety, technical and organizational measures will be sufficient to fully protect your personal data against potential unauthorized access and use of your personal data. Moreover, to the maximum extent permitted by applicable law, TPC cannot guarantee the safety of your information when in the possession of other parties. However, if such an attempt is detected, we will notify you as soon as reasonably possible of a potential breach of the security measures directly to your contact address. 

Retention period  

TPC will retain your personal data as long as it is required to fulfil the purpose of collection or for as long as the applicable law requires. We will delete your personal data when it is no longer required for the aforementioned processing purposes and no statutory retention obligations prevent deletion. 

Personal Data sharing  

To give you better service and complete support, please note that your personal data might be shared with TPC affiliates. Also, your personal data might be shared with operator of the services and their advisors in connection with a corporate merger, consolidation, restructuring, or the sale of substantially all of our stock and/or assets, or in connection with bankruptcy proceedings, or other corporate reorganization, following this Privacy Policy. If legally required to do so or when necessary to protect its rights or the rights of third parties, TPC will disclose information to public authorities, such as law enforcement. 

TPC uses various tools, third-party service providers, plug-ins and other technologies to pursue its legitimate interest in carrying out web analysis, improving your website experience, personalizing and enhancing its offerings to you, optimizing our IT support, accounting, legal, HR, marketing and sales services. For this type of activities, we also engage affiliated TPC and Foreo companies. Affiliated company TPC Adria d.o.o. has been engaged in the maintenance of our websites, support of the process of on-line sales, marketing, promotion, social networks, PR, and customer care services. We also use Zendesk services, as data processor, for chat and customer support. We send to all our customers automatic emails regarding their purchase through Mailchimp add-on.  

TPC uses network operators and/or other communications service providers when this is necessary for the set-up of proper routing and connectivity. 

TPC engages with third-party service providers to the extent strictly necessary for them to perform specific actions on our behalf. We may share personal data with our trusted and verified third-party service providers. Our service providers are located in the EU, UK or US and have undergone security audits to make sure that they can ensure an adequate level of personal data protection.  

TPC may implement additional tools or introduce new third-party providers to enhance your user experience and optimize its services and offerings and TPC will strive to notify of such changes by updating this Privacy Policy in due time.  

TPC uses social networks (Facebook, Twitter, Instagram, Tik Tok, Pinterest, etc) to communicate with our customers and advertise our products. For detailed information about the use of cookies and advertising tools that we use please read our Cookie Policy 

For security reasons and avoiding spam and bots making enquiry, TPC uses Google reCAPTCHA. More information is available in Google’s Privacy Policy. 

International data transfers 

In some cases, our contractual partners also process data in countries outside the EEA. In order to ensure the protection of your personal rights also in the context of these data transfers, TPC makes sure the recipient offers a similar degree of protection and ensures that one of the following safeguards is in place: the data is transferred to countries that have been deemed to provide an adequate level of protection of personal data by the European Commission; and the transfer is made on the basis of Standard Contractual Clauses approved by the European Commission or International Data Transfer Agreement approved by Information Commissioner’s Office. 

Your rights related to the processed data 

As a user, you have the right to request information about what personal data TPC has stored about you and for what purpose this personal data is stored. In addition, you can correct incorrect personal data or have such personal data deleted if its storage is inadmissible or no longer necessary. If the legal requirements are met, you have the right to personal data portability and the right to restrict personal data processing. You also have the right to complain to a supervisory authority about the personal data processing that is taking place.  

If personal data processing is based on your consent, you have the possibility to revoke this consent at any time without giving reasons and with effect for the future. 

You have the right to object to the processing of your personal data on grounds relating to your particular situation. The prerequisite for this is that the data processing is based on a balance of interests.  

You have the right to object to the processing of your data for direct marketing purposes at any time. This also applies to profiling in connection with direct advertising.  

Additionally, you have the right not to receive discriminatory treatment from TPC for exercising an individual’s rights conferred by the applicable data protection laws. 

For any questions and requests for access or deletion, please email us at [email protected] . If you make a request, we have one (1) month to respond to you. It is necessary to clearly state on which basis and through which channel you shared your personal data with TPC so we can easily fulfil your request. Please note that TPC may ask for additional information to determine if you are authorized to submit a particular request. 

Cookies 

TPC uses certain online marketing tools, cookies, and similar technologies. For this reason, TPC process personal data of website Visitors or people who clicked on our online ads with our business associates. These technologies may provide some identifiers, information about devices you utilize to access the website, and other information regarding your interactions with the website. For more information on what cookies are, how to manage cookies on this website and the types of cookies we use, please read our Cookie Policy. 

No automated decision-making and profiling 

TPC does not automatically process nor use techniques for profiling its users. 

Children’s data 

TPC does not knowingly collect information from persons who are considered children by their local law. We encourage parents and guardians to take an active role in their children’s online and mobile activities and interests. Children below the age of 16 may provide their information only if a parent or guardian has given their consent to do so, in accordance with applicable law. If you have reason to believe that a child below the minimum age has provided personal data to TPC without the necessary consent, please contact us at [email protected]  and we will use reasonable efforts to delete that data. 

Third-party personal data you share with us 

In case you send personal data of third parties to TPC, you are responsible for ensuring an appropriate legal basis for any such sharing of third parties/data subjects. TPC might ask you to provide evidence that such personal data is shared on a lawful basis. TPC shall use its best efforts to ensure that third parties’ personal data is processed, handled, and collected in the same manner as your own personal data. However, you are solely responsible for obtaining consent from third parties for the use and processing of their personal data. Additionally, it is your obligation to understand and abide by the applicable local data protection laws when you process and share personal data with TPC. 

Questions or concerns 

Should you have any questions regarding this Privacy policy, or the protection of the personal data, please contact us via email at info@Tpcshop.com . You can reach our Data Protection Officer at the same address for any questions or concerns about your personal data shared with TPC.