WEB POLICIES

These Terms of Use and Purchasing Conditions (hereinafter, "Conditions") establish the terms governing the use of this website (www.tous.com) and the purchase of its products.

Please read carefully these Conditions, as well as our General Privacy Policy and Cookies Policy, both of which are available on the website. These Conditions may be modified, so it is your responsibility to read them periodically in order to know those in force at the time of making your purchase. If you have any questions, you can contact us at 888-520-7330 or send an email to info.pr@tous.com.

We inform you that TOUS PUERTO RICO LLC is the company in charge of centralizing the commercialization of TOUS products in Puerto Rico. Thus, these Terms of Use and Conditions of Purchase are applicable to the relationship between TOUS PUERTO RICO LLC, (hereinafter, "TOUS" or the "Company") and you (hereinafter, the "Client"), regarding all those transactions you carry out on the www.tous.com website  (hereinafter, "On-line Store").

TOUS PUERTO RICO LLC is a commercial entity of Puerto Rican nationality, with registered office at B-7 Calle Tabonuco Suite 404, Guaynabo, PR 00968.

The information or personal data that the Client provides us will be treated in accordance with what is established in the General Privacy Policy of the TOUS Group, as well as in the specific privacy policies of each web form.

By making use of this website, the Client consents to the processing of their data and states that they are true and correspond to reality. Therefore, the Client agrees to:

1. Make use of this website only for legally valid inquiries or orders;
2. Not make any false or fraudulent orders. In case of evidence of falsehood or fraud, TOUS is authorized to cancel the order and inform the relevant authorities. Likewise, TOUS does not assume any type of liability for any damages and/or expenses that may arise from this.
3. Provide TOUS with their email address, postal address and/or other contact information in a truthful and accurate manner. Likewise, the Client agrees that TOUS may use this information to contact him/her, if necessary.
4. Not to misuse this web page by intentionally introducing viruses, trojans, worms, logic bombs or any other program or material that is technologically harmful or damaging. The Client shall not try to have unauthorized access to this website, to the server on which this page is hosted or to any server, computer or database related to our website. Failure to comply with this clause could entail the commission of infractions specified by applicable regulations.

The Client declares that he/she/they is over 18 (eighteen) years old and has the legal capacity to enter into contracts. In this context, TOUS may verify, by whatever means it deems appropriate, compliance with the aforementioned requirement. 

The products offered on this website are only available in the territory of Puerto Rico. In the event that the Customer requests their shipment outside the aforementioned territory, TOUS reserves the right not to accept and/or cancel the order.

All TOUS product orders are subject to availability. In cases of difficulties in supply or a lack of stock, TOUS will inform the Client by email and refund them any amount that may have been paid.

How are orders made?

To place an order, the Client must follow the online purchase procedure and click the button “CONFIRM ORDER”. Subsequently, the Client will receive an email acknowledging receipt of their order ("Order Confirmation") within 24 hours of placing it. The Client will also be informed, by email, that the order is being sent ("Shipping Confirmation"). Likewise, the Client can check the status of the order in “My Account” or by calling Customer Service.

If the Client has made an error when sending their data, they may modify them in the Section "My Account"; these data will be applicable for future purchases. If the error refers to an order in progress, the Client should contact Customer Service.

How is shipping and delivery made?

At the time the Client makes the payment, TOUS will ask them to choose the shipping method to be able to carry out the delivery of their order. Shipping costs will vary depending on the chosen shipping method, being automatically processed during the payment process and before finalizing the order.

Those orders and payment confirmations received after 12:00 noon (local time), shall be processed on the next business day.

We have the following shipping methods:

• Standard* (3-7 business days)

You can expect to receive your order within 3-6 full business days. Business days are considered to be working days from Monday to Friday, with the exception of official holidays marked on the federal calendar of the United States.

The cost of Standard Shipping is 10.95 USD

• In-store pickup (2-6 business days)  

You will receive your order at the requested TOUS store within 2-6 full business days, free of charge. 

*Due to the high volume of orders during campaign periods, delivery times may be delayed.

In the event that there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, TOUS informs you that delivery times may be subject to variation.

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option of going ahead with the purchase, setting a new delivery date, or the possibility of cancelling the order with a full refund of the price paid.

For the purposes of these Conditions, it will be understood that the "delivery" has taken place or that the order has been "delivered" at the time when the Customer, or a third party indicated by the Customer, acquires physical possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.

In the event of impossibility at the time of delivery of the order, it will be the user who will agree with the transport company on the new delivery.

Is it possible to check the status of the order and order history?

If the Client has their own account at www.tous.com, they can track their orders by visiting "My Account" and clicking on "See my order". There, the Client can see the history of their orders, as well as their status.

In the event that the Client is not registered and does not have the section “My Account”, they can contact TOUS Customer Service directly to inquire about the status of an order.

When can an order not be accepted?

In the event that TOUS's internal systems detect any of the following situations, you may not accept/cancel the order (even if it has been previously accepted), by paying the amounts paid without undue delay:

1. When there are reasons to believe that the Client is a minor or that the credit card to be used does not meet the requirements described in these Conditions;
2. When the payment information provided by the Customer is incorrect or unverifiable.
3. When the shipping address provided by the Customer is outside the territory indicated, or
4. When the order cannot be delivered to the address provided by the Customer.

In the event that any of these cases are identified, TOUS will duly notify you by email, in order to resolve the problem before taking any action in this regard.

Once the order has been received, it is recommended that the Client check the status of the order and, if they identify any defect or disconformity, they may choose to (i) return the product, and for TOUS to return the corresponding purchase price, as well as all shipping costs that may have been paid, or (ii) replace the product with a new one in good condition, without additional charges.

1. Exchange and returns

If for any reason the Customer is not satisfied with the product purchased on www.tous.com, he/she has 30 (thirty) calendar days from the date of purchase to return it. The product must be in perfect condition and in its original packaging.

Notwithstanding the above, we inform you that those products purchased at a discount are considered final sale and, therefore, are not subject to possible exchanges or returns.

TOUS will proceed to refund the full amount of the price of the product, using the same means of payment used by the Client for the initial transaction. The refund will be made within 14 calendar days of receipt of the goods at TOUS' warehouses. Shipping or return costs, if any, will not be refunded. Shipping costs will only be refunded in the event that TOUS has delivered a different product by mistake, or with a defect.

The methods that TOUS establishes for the returns of its products are as follows:

• Returns through our TOUS stores:

The Customer may return their online purchase at the nearest TOUS store. The products to be returned must be delivered with their corresponding certificate of authenticity and must be in perfect condition, as well as in their original packaging. In the case of perfumery products, their packaging may not have been opened.

• Returns via the TOUS Returns Center

Returns can also be sent to the TOUS Returns Centre at the following address:

E-Commerce Department (Returns):

All E-commerce Returns:
3325 NW 70TH Avenue
Miami, FL 33122

Such return will be made under the responsibility of the Client, who must attach the corresponding certificate of authenticity. To make the process easier, the order may include return labels addressed to our Returns Center.

The product must be in perfect condition and in its original packaging. In the case of perfumery products, their packaging may not have been opened.

The period in which the Client will see the credit reflected in their account will depend on their bank.

1. Right of withdrawal

The Client has the right to withdraw from this contract within 14 (fourteen) calendar days without the need for any justification. However, the customer will not have the right to withdraw in the event that the product is a personalized product (Tous by You or another personalized product) at the customer's request.

In order to exercise the right of withdrawal, the Client must notify TOUS of the decision to withdraw from the contract, by means of an unequivocal statement and by the following means:

• Post

The following text may be used by the Client, although its use is not mandatory:

Attn: TOUS PUERTO RICO LLC

Email: desistimiento@tous.com

I, Mr./Ms. _________________________, with address at _________________hereby inform you that I am withdrawing from our sales contract for the following good(s) (Reference number corresponding to each item purchased) ________________________ order number ____________________requested on _____________________and received on ____________________.

 Date:

Signature (only if presented on paper):

• Email address

The Client may use the form specified in the previous section and send it to the following email: desistimiento@tous.com

1. Consequences of withdrawal

In the event of withdrawal, TOUS shall return to the Client all payments received after the purchase, including shipping costs (with the exception of the additional costs resulting from the Client’s choice of a delivery method different from the least expensive delivery method offered), without any undue delay and, in any case, no later than within 14 calendar days, from the date he/she informs us of the decision to withdraw from this contract.

TOUS will proceed to make this reimbursement using the same method of payment used by the Client for the initial transaction.

TOUS may withhold reimbursement until the products have been received, or until proof of their return has been presented.

The Client must return or deliver the goods directly without undue delay and, in any case, no later than within 14 calendar days from the date on which they communicate their decision to withdraw from the contract.

Returns must be sent to our Returns Center at the following address:

TOUS RETURNS
3325 NW 70th Ave
Miami, FL 33122

This return will be made under the responsibility and at the expense of the buyer, attaching the purchase ticket. The piece must be in perfect condition and in its original packaging. For perfumery products, their packaging must not have been opened.

If you exercise the right of withdrawal, you will only be responsible for any decrease in the value of the products resulting from handling them, other than that necessary to establish their nature, characteristics or operation.

For more information about the conditions for returns, you can consult the "Returns”.

The TOUS website also allows for purchases through the guest purchase functionality. In this purchase modality, the Client will only be asked for the essential information to be able to process their order.

Once the purchase process is completed, the Client will be offered the possibility to register as a user or continue as a non-registered user.

The prices of the products that appear on the website are those that apply at the time of purchase. Prices may be subject to change without prior notice, but this will not affect orders that have already been accepted.

All product prices, shipping charges, and other services do not include sales tax. The amount relating to such taxes is incorporated at checkout. Shipping costs are added per order. TOUS will always inform you of the total price, including all taxes and other costs such as fees and possible delivery costs.

The Client expressly authorizes TOUS to issue the invoice in electronic format, although they may at any time indicate their desire to receive a paper invoice, in which case we will issue and send the invoice in this format.

The payment methods accepted by TOUS are the following:

• MasterCard
• VISA
• American Express
• PayPal
• Discover
• Apple Pay
• Google Pay
• Klarna (see section 9.1)

If you try to pay in any other way, TOUS is not responsible for the loss of payment or any other damage caused by the Client's action.

Payment is only accepted in USA dollars ($).

TOUS is committed to protecting the personal information of its Clients, and to do so it will encode the data of their credit cards. Moreover, during the purchase process, the identification number (CVV) of the customer's credit card is required. The CVV is a numeric 3 or 4 digit value that provides encryption control of the information recorded on the card. This security feature is designed to protect the Client against fraud. CVVs will not be stored on our systems and the Client must provide the number each time they make a purchase at www.tous.com.

When the purchase request and the Client's data have been verified, and the products purchased have left the TOUS warehouse for shipment, the price will be charged to the Client's account.

When the Client clicks “AUTHORIZE PAYMENT”, they confirms that the credit card is theirs or that they are its legitimate holder. Credit cards will be subject to checks and authorizations by their issuing entity, but if that entity does not authorize payment, TOUS shall not be responsible for any delay or failure to deliver and may not enter into any contract with the Client.

9.1 Paying in installments with Klarna

How to pay in 4 interest-free installments?

With the Klarna payment method, the Customer can pay for his purchase in four (4) interest-free installments. The first payment is made when the order is processed and the remaining payments are made automatically every fifteen (15) days, with the corresponding amount being deducted from the account linked to the debit or credit card indicated.

How to shop with Klarna:

1. Add the items in the cart and choose Klarna at checkout.
2. Fractionate payments over a specified period of time.
3. Select the option "Pay in 4 installments without interest" to split the purchase in 4 payments, which will be made every 15 days from the moment the order is confirmed. The Customer only needs to indicate the debit or credit card details that he/she wants to use for the automatic payments and Klarna will remind him/her when the next payment will be made.
4. Manage orders and payments through the Klarna application.

TOUS products are available exclusively on the TOUS website (www.tous.com), at TOUS stores, and at official distributor outlets. Buyers should be careful with products that can be sold through unauthorized channels. To avoid confusion, when buying in any authorized establishment, a certificate of authenticity is issued, which certifies the legitimacy of the product, and its validity with respect to any production defect.

Since its founding in 1920, TOUS has striven to guarantee high quality standards in all its products. All TOUS products have the seal of precious metals: Gold 18 kt (750/000) and Sterling Silver (925/000).

For any claim or query you can contact TOUS using the appropriate section of the website or the following means of communication:

Telephone: 888-520-7330

Email: info.pr@tous.com

TOUS guarantees the quality of the service contracted through the Online Store.

All rights that the laws in force attribute to consumers and users are guaranteed.

Failure to comply with any of these Terms and Conditions may result in the return of the products or cancellation of the services purchased by the Client. 

TOUS shall answer to the Client for any lack of conformity of the deliveries for a period of two years, as established by current regulations. The warranty regarding any damage caused by use or improper use is excluded, as well as in general any provisions excluded by current legislation.

For Customers who, at the time of purchase, are members of the My Tous program, the legal guarantee period of two years will be extended by one more year, as a commercial guarantee. Amounting to a total of three years, counting from the date of purchase.

Except as otherwise expressly provided in these Terms of Use and Conditions of Purchase, and without prejudice to TOUS's liability for defective products, TOUS's liability in relation to the expectations of the Customer who has purchased a product on the TOUS website shall be strictly limited to the purchase price of such product.

TOUS describes the characteristics of the products with the greatest objectivity and graphically displays them in the closest way to reality. All descriptions, product photographs, information and materials contained on this website are provided "as is" and there can be no guarantee that the product purchased will meet the Customer's subjective expectations.

TOUS la that, due to the configuration and resolution of the Customer's screen and the photographic technique used, some products may appear larger or smaller than their actual size or present color shades that differ from those perceived by the Customer.

The products marketed by TOUS may have slight unique characteristics and, therefore, some minimal variations in their size, texture and color, which are the result of the use of natural materials in their manufacture. 

The selection of natural materials made by TOUS implies that these variations are not reflected in the final price of the product, since the products of the different collections and models are homogeneous among themselves, are made with the latest technologies and are of the highest quality, their characteristics corresponding to those individually described on the TOUS website.

In the event that the product received does not meet the (individual) expectations generated by its advertising on the official TOUS website, the Client may request (i) the exchange or replacement for another product of the same model as the one purchased or, where appropriate, (ii) the termination of the contract, withdrawing from the purchase as regulated in the corresponding general conditions of these terms of use and conditions of purchase. 

The Client must not misuse this website by, for example, intentionally introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or harmful program or material. You will not attempt to gain unauthorized access to this website, the server on which the website is hosted, or any server, computer or database related to our website. The Client agrees not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of offences defined by the applicable regulations. We will report any breach of such regulations to the appropriate authorities and cooperate with them in discovering the identity of the attacker.  In addition, in the event of a breach of this clause, the Client shall immediately cease to be entitled to use this website.

TOUS shall not be liable for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically disruptive or harmful program or material that may affect the Customer's computer, computer equipment, data or materials as a result of the use of this website or the downloading of content from it or, where applicable, to which it redirects.

TOUS shall not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when this is due to events that are out of our reasonable control ("Cause of Force Majeure").

Causes of Force Majeure shall include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:

1. Strikes, lockouts or other industrial action.
2. Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat of war or preparations for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Inability to use trains, boats, airplanes, motorized transport or other means of transport, both public or private.
5. Inability to use public or private telecommunication systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It shall be understood that obligations shall be suspended during the period in which the "Cause of Force Majeure" continues, and TOUS shall have an extension of the deadline to fulfill these obligations for a period of time equal to the duration of the "Cause of Force Majeure". TOUS shall use all reasonable means to end the "Cause of Force Majeure", or to find a solution that allows it to fulfill its obligations despite the "Cause of Force Majeure".