Effective/Rev March 25, 2022
Thank you for your interest in TURNONGREEN™ INC.'s' ("TOG", "we", "us", "our" and together, the "Company"), Electrical Vehicle (EV) Charger for home use (the "Product(s)") which shall be available for sale through TOG's parent company, TOG Tencologies Corp.'s website located at located at shop.turnongreen.com (the "Site"). The sale, purchase and use of the Product are governed by the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. THE TERMS SET FORTH HEREIN (THIS "AGREEMENT") GOVERN YOUR PURCHASE AND USE OF THE PRODUCT INCLUDING IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
By purchasing and/or using the Product, you (as an individual, as well as your organization, employer or business entity) (the "you" or "your") acknowledge your legally binding acceptance of and agreement to this Agreement and that you are authorized to accept this Agreement to legally bind yourself and your employer, agents, affiliates and/or employees, as applicable.
TOG reserves the right to change or modify this Agreement from time to time. TOG will post any changes to this Agreement. The date of the latest changes will be indicated at the top of the document. You are advised to check this Agreement periodically for updates. Continued purchase and/or use of the Product following the posting of changes will mean that you agree to be bound by such changes.
1. Shipping & Delivery
Please review the Shipping Time paragraph below to learn about how and when you will receive the Product. Since the actual delivery of your order can be impacted by many events beyond TOG’ control once it leaves our facilities, TOG cannot be held liable for late deliveries. We will, however, work with you to ensure a smooth delivery.
As TOG takes care of the dispatch of the Product, the risk of loss of, or damage to, Product(s) shall pass to you when you, or a person designated by you, acquires physical possession of the Product(s). Title in the Product(s) shall pass to you when the Product(s) is picked up by the carrier from our warehouse. At this point, you will receive the "Shipment Notification" email. If there are any issues with delivery, please contact TOG to resolve.
(a) Shipping Time
The Shipping Time is an estimate of when the item will leave our warehouse. While TOG works hard to ship every order as quickly as possible, items that are custom configured, may have longer shipping times. Occasionally, we will confirm shipping and delivery times, then learn we are unable to fulfill the order due to low product availability. In these rare cases, we will notify you by email of the new shipping and delivery times. Once your order is placed, we send information about your order by email. If you have multiple items on your order, you may receive additional emails for each item.
(b) Order Acknowledgement
The order acknowledgement email provides a summary of the items in your order. The order acknowledgement will display the delivery address and a delivery date. You can click the date to view your order details.
(c) Shipping cost
The cost for shipping is calculated and displayed on the Checkout page before you complete your order. You can find delivery costs in the "Order Confirmation" email.
(d) Shipping in the U.S.
Products purchased online from TOG will only be shipped to addresses within the U.S. and are subject to U.S. and foreign export control laws and regulations. Products must be purchased, sold, exported, re-exported, transferred, and used in compliance with these export laws and regulations.
2. Pricing and Price Reductions/Corrections
TOG reserves the right to change prices for Product on the Site at any time, and to correct pricing errors that may inadvertently occur. However, TOG will guaranty product price for Product already purchased and not delivered in the event TOG may change it published prices.
(a) Payment Processor
Your payments will be processed through a third party payment processor. Payments may not be processed for certain activities such as illegal or other prohibited activities. Your relationship with our third party payment processor is separate from your relationship with TOG and may be governed by the terms and conditions contained in the processor’s agreement. TOG is not responsible for the actions or omissions of any third party payment processor.
(b) Credit Cards or Debit Cards
To prevent any unnecessary delays processing your order, please ensure that the billing addresses on your order matches the information on your credit card account. If you have recently moved or are unsure whether you receive your credit card statement at your work or home address, please contact your card-issuing bank using the 800 number on the back of your credit card to confirm.
The card security code is a unique three or four digit number printed on the front or back of your card, in addition to the account number.
Most debit and check cards have daily spending limits that may substantially delay the processing of an order – even if there is enough money in an account. When using a debit card, funds are immediately reserved in your bank account at the time you place your order. Please consult your card-issuing bank for information about your daily spending limits if you are having trouble placing your order.
(c) When TOG charges your account
TOG receives authorization to charge your account after completing and check out an order. If your order consists of multiple deliveries, your account will be charged separately for each shipment. If you are paying for your order with an international credit card, please note that the purchase price may fluctuate with exchange rates. In addition, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase.
When you place an order with PayPal, you will be redirected to the PayPal website. There you will then need to login with your PayPal username and password. If your order consists of multiple deliveries, your PayPal account will be charged separately for each shipment.
4. Promotions, Rebates, and Coupons
Visit the Product Promotions home page for a list of limited-time offers. You can also view the TOG’ promotion announcement to learn more about how to qualify for current promotion. Promotional pricing is usually applied either at the time of your online purchase, or as a rebate after you receive your Product. Rebates may also be available as a special offer from TOG. Refund for a down-payment that might be applied for promotions eligibility will be available only for the period of the promotion. After the promotion expiration, any down payment that have been made as part of the promotions, will be non-refundable.
To determine eligibility or to request a TOG rebate, visit the Product Promotions and follow the instructions.
In accordance with state and local law, your online purchases from TOG will be taxed using the applicable sales tax or seller’s use tax rate for your shipping address. The tax listed during checkout is only an estimate. Your invoice will reflect the final total tax, which includes state and local taxes, as well as any applicable rebates or fees.
6. Returns & Refunds
TOG wants you to be thrilled with the products you purchased from TOG. We understand, however, that sometimes a product may not be what you expected it to be. In that event, we invite you to review the following terms related to returning a product.
For any undamaged product, simply return it with its included accessories and packaging along with the original receipt within 14 days of the date you receive the product, and we’ll offer a refund based upon the original payment method. In addition, please note the following:
- Products can be returned only in the country or region in which they were originally purchased.
- The following products are not eligible for return: software downloads, subscriptions to application services
- You have 14 calendar days to return an item from the date you received it.
- Only items that have been purchased directly from TOG, can be returned to TOG.
- The returned Product must be in original packaging including all accessories and documentation.
How to Return an Item
To return an item to TOG, you will need to obtain Return Merchandise Authorization (RMA) via the product support page on our Site. Next, print the Return Label button to print your shipping and any required hazmat labels. If you’re shipping multiple boxes, use the Print Return Label button again to print new labels for each box. We recommend using the original packaging to return the product.
Once we receive your item, a refund is initiated immediately. If you canceled a pickup item, and you were billed for it, we initiate your refund immediately after you submit your cancellation request. The way your refund is processed depends on your original payment method. If you paid by credit or debit card, refunds will be sent to the card-issuing bank within five business days of receipt of the returned item or cancellation request. Please contact the card-issuing bank with questions about when the credit will be posted to your account. Product ordered online from TOG that arrived damaged or are incorrect can be returned by contacting Customer Service at (800) 469-4696.
7. Product Availability and Limitations
Given the popularity and/or supply constraints of some of the Products, TOG may have to limit the number of Products available for purchase. TOG reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when TOG confirms your order but subsequently learns that it cannot supply the ordered Product. In the event we cannot supply a Product you ordered, TOG will cancel the order and refund your purchase price in full.
8. Your Obligations With Respect to the Product
You may not use the Product for any illegal or unauthorized purpose. (b) You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Product. (c) You are solely responsible for your conduct related to and use of the Product. (d) You must not change, modify, adapt or alter the Product.
9. No Warranties
Products sold by TOG hereunder are sold on an "AS IS, WHERE IS AND WITH ALL FAULTS" basis with no representations or warranties whatsoever and all sales are final. ALL WARRANTIES AND GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY ARE HEREBY EXPRESSLY WAIVED.
10. Limitations of Liability.
NEITHER TOG NOR ITS REPRESENTATIVES, OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, SUCCESSORS OR ASSIGNS, IN EACH CASE WHETHER CURRENT OR FORMER, IS OR SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT OR SALE OF PRODUCTS HEREUNDER, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. TOG’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SALE OF PRODUCTS HEREUNDER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO TOG BY YOU FOR THE APPLICABLE PRODUCTS.
You agree, at your own expense, to defend, indemnify and hold harmless TOG, its officers, agents, employees and principals, in each case whether current of former, against any and all losses, costs, including investigation costs, damages, claims, liabilities or expenses of any kind, including without limitation reasonable attorneys’ fees, to the extent arising out of or resulting from, directly or indirectly, any claims by you, or, as applicable, your officers, agents, employees and principals, whether current or former, or subsequent users or purchasers of Products (collectively, a "Claimant"), in each case with respect to: (i) your violation of this Agreement and/or applicable laws, regulations and other governing authorities; (ii) acts or omissions of a Claimant; or (iii) injury or death to persons or damage to property caused by any Claimant or otherwise resulting from ownership, use or handling of the Products by a Claimant.
12. Force Majeure
TOG shall not be liable or responsible to you, nor be deemed to have defaulted under this Agreement, for any failure or delay in fulfilling or performing any term hereof, when and to the extent such failure or delay is caused by or results from acts beyond TOG’ reasonable control, including, without limitation: (i) acts of God; (ii) flood, fire, earthquake or explosion; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (iv) applicable laws, regulations and other governing authorities; (v) actions, embargoes or blockades; (vi) action by any governmental authority; (vii) national or regional emergency, including pandemic-related closures or stay-at-home orders; (viii) strikes, labor stoppages or slowdowns or other industrial disturbances; and (ix) shortage of adequate power or transportation facilities.
13. Survival; Severability
All rights, duties and obligations which by their nature should apply beyond the term of this Agreement, or which should apply in order to give proper effect to their intent, will remain in force (including without limitation the terms of the Section entitled "Indemnification" herein). Any provision hereof which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
14. Cumulative Remedies
Except as otherwise set forth herein, all rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between TOG and you or otherwise.
15. Governing Law, Exclusive Venue and Jurisdiction, and Waiver of Jury Trial
This Agreement and the sale of Products hereunder shall be deemed an agreement and transaction made in and under the laws of the State of New York, and for all purposes shall be constructed and enforced in accordance with and governed by the laws of the State of New York, excluding (i) its conflict of laws provisions and (ii) the United Nations Convention for the International Sale of Goods. All actions arising hereunder shall be instituted in the state and federal courts located in New York, New York. You hereby consent to the sole jurisdiction of the state and federal courts sitting in New York, New York, and you agree not to raise, and hereby waives, any defenses based upon venue, inconvenience of forum, lack of personal jurisdiction, improper service of process or the like in any such action or suit. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY ON ANY CLAIM, DEMAND, ACTION, CAUSE OF ACTION, OR COUNTERCLAIM ARISING UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT UNDER ANY THEORY OF LAW OR EQUITY, WHETHER NOW EXISTING OR HEREAFTER ARISING.
16. Successors and Assigns; No Third Party Beneficiaries; Relationship of Parties
This Agreement is binding on and inure to the sole benefit of TOG and you and their respective permitted successors and permitted assigns. Nothing herein, express or implied, confers on any third party any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
The waiver by TOG of a breach by you of any provision of this Agreement shall not constitute a waiver of any other breach by you or of any subsequent breach for the same or any other cause.