Terms of service

Tocca Finita General Terms and Conditions
Last updated: August 29th, 2024

This Tocca Finita website (hereinafter the "Site") is published and operated by Tocca Finita Inc. ("Tocca Finita," "we," "us," "our"), an Ontario corporation with a registered office at 315 Lakeshore Rd E, Oakville, ON L6J 1J3, Ontario, Canada. The Site is hosted by Shopify.

1. Acceptance of Terms

1.1 Overview
The following terms and conditions (these “Terms”) govern all use by users or visitors of: (i) the Tocca Finita website (the “Website”); (ii) any and all services or communications available on or through the Website, or otherwise provided by Tocca Finita, including in connection with: (a) e-commerce; and (b) accessing or viewing materials online, for example, editorial articles and newsletters; and (iii) any other engagement with Tocca Finita online and offline, such as when you contact our customer support team (collectively, the “Services”). The Services are owned and operated by Tocca Finita, and any reference to the “Services” herein includes a reference to any part or component of the Services. By using the Services, you agree to these Terms applicable between you and Tocca Finita. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR YOUR PERSONAL INFORMATION TO BE PROCESSED IN ACCORDANCE WITH OUR PRIVACY POLICY, THEN DO NOT USE THE SERVICES.

1.2 Modification
Tocca Finita reserves the right to modify or change any of these Terms at any time (including the terms of any additional site policies, guidelines, rules, or legal terms posted on this Site). Please check back periodically to ensure you are aware of any updates or changes. You can determine when the Terms were last updated by checking the “last updated” date displayed at the top of these Terms. Any changes we make to the Terms will be effective immediately upon being posted on the Site. Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes. If any change to the Terms is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Services.

2. Your Use of the Services

2.1 The Services
You are required to use the Services, including all features associated therewith, in accordance with (i) these Terms; and (ii) all applicable laws, rules, and regulations, or other restrictions on the use of the Services or content therein. You are solely responsible for your interaction with other users of the Services, where permitted by law.

2.2 Modifications/Suspension of Services
Tocca Finita reserves the right at any time to, and from time to time may, modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) or your access to the Services for any reason or no reason with or without notice. You agree that Tocca Finita shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

3. Registered Users

You are not obligated to register with us in order to access the Services. However, certain sections and features of the Services are available only to visitors of the Services who have registered with a username and password (“Registered Users”). Purchases may be made by non-Registered Users as well. You are not allowed to sell, transfer, license, or assign your account, credentials, or any account rights. You may only have one active Registered User account on the Services, and only you may use your credentials to access the Services. You agree that you are responsible for all activities that occur under your Registered User account.

As a Registered User, you are required to keep your password secret and secure. Tocca Finita may suspend or terminate your access to your account if Tocca Finita has reasonable grounds to believe that unauthorized third parties have access to your password or otherwise have access to your account. You are also required to promptly notify us if you become aware of any unauthorized use of your credentials, or any other breach of security involving or relating to the Services by emailing us at shop@toccafinita.ca. We may suspend or terminate your access to the Services if you fail to comply with this section. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

4. Trademark Information

All names, graphics, designs, page headers, button icons, scripts, commercial markings, trade dress, service names, service marks, and logos used and displayed in connection with the Services are trademarks of Tocca Finita or its licensors or suppliers (collectively, the “Trademarks”). The Trademarks may not be used to disparage or discredit Tocca Finita, any third party of Tocca Finita’s, or any third party products or services, or in any manner that may damage any goodwill in the Trademarks or may cause confusion.

5. Site Content

5.1 Ownership of Site Content
All material, including without limitation information, data, software, text (including text found in descriptions and articles), design elements, graphics, images, photographs, videos, clips, logos, icons, Trademarks, and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Tocca Finita in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. Tocca Finita may own the Site Content, or portions of the Site Content may be made available to Tocca Finita through arrangements with third parties.

5.2 Your Use of Site Content
Tocca Finita grants you a personal, non-exclusive, non-transferable, revocable, limited license to view, reproduce, print, cache, store, and distribute Site Content via a generally available consumer web browser. The foregoing license is granted on the condition that you comply with these Terms and that you do not remove or obscure the copyright notice or other notices displayed on Site Content. You may not reproduce, license, rent, modify, copy, transmit, publicly display, print, cache, store, link to, frame, or distribute content retrieved from these Services for any purpose prohibited by these Terms or for any commercial purpose whatsoever without the prior written permission of Tocca Finita or the copyright holder identified in the relevant copyright notice. Any rights not expressly granted herein are reserved.

6. Copyright Assignment and Transfer of User Content

You hereby irrevocably and unconditionally assign, convey, deliver, and transfer to Tocca Finita (i) all of your right, title, and interest in and to all Intellectual Property for all posted content, including product reviews, comments or suggestions, photographs, illustrations, artwork, videos, communications, and/or other materials uploaded by you to the Website (“User Content”); (ii) all of your rights to benefits, priority rights, privileges, causes of action, common law rights, moral rights, and remedies relating thereto throughout the world, including, without limitation, all rights to (A) apply for and maintain all applications, registrations, renewals, and extensions thereof, (B) sue, claim and recover for past, present and future infringement, misappropriation, or other violations of any Intellectual Property rights in any User Content, and (C) commercialize, exploit, or grant licenses or other interests thereto. For purposes of this Assignment, “Intellectual Property” shall mean any and all works of authorship, copyrights, moral rights, inventions, developments, concepts, improvements, designs, discoveries, know-how, ideas, software, trade secrets, and compositions of matter and trade secrets (whether or not protectable under trade secrets law, patentable or registrable under patent, copyright, or similar laws), patent rights, and any other intellectual property rights anywhere in the world and all goodwill associated with any of the foregoing. You represent and warrant that any User Content posted by you is owned exclusively by you and that (i) you have all necessary rights to post such User Content via our Services, including the right to assign the Intellectual Property rights in such User Content to Tocca Finita, and (ii) any User Content you post, publish, display, or transmit to others via our Services complies with applicable law. We may, but are not obligated to, monitor or review any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms. You acknowledge that you are not entitled to receive any compensation for the User Content.

7. Third-Party Links

The Services may contain hyperlinks to sites, services, or platforms owned or operated by third parties. These links are provided for your convenience only. Your use of third-party links is subject to the terms of use and privacy policies applicable to those sites, services, or platforms.

8. Restricted Conduct

Except as otherwise expressly authorized in these Terms, you agree not to do any of the following:

  • Use the Services to post, upload, share, transmit, distribute, facilitate distribution, or otherwise make available any unlawful, infringing, harmful, harassing, defamatory, derogatory, threatening, intimidating, fraudulent, tortious, vulgar, or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising, or collecting personal information from other users of the Services;
  • Impersonate any person or entity, including without limitation any representative of Tocca Finita; falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Tocca Finita endorses any statement you make;
  • Disseminate any viruses, worms, spyware, adware, or other malicious computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment via or using the Services;
  • Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods on or via the Services;
  • Interfere with or disrupt the operation of the Services or others’ use of the Services in any way (including without limitation by hacking or defacing any portion of the Services);
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services, or reproduce, duplicate, sublicense, copy, sell, resell, distribute, assign, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;
  • Merge the Services or Site Content with another program or create derivative works based on the Services or Site Content;
  • Remove any copyright, trademark, or other proprietary rights notice from the Services or Site Content originating from the Services;
  • Violate any applicable laws or regulations;
  • Engage in any activity that could interfere with, disrupt, negatively affect, or inhibit other users from fully using the Services, or that could damage, disable, overburden, impair, or otherwise negatively affect the functionality of the Services or Tocca Finita’s network or computer systems;
  • Assist, permit, encourage any persons in engaging or to engage in any of the activities described above.

9. Indemnity

To the extent permitted by law, you agree to defend, indemnify, and hold Tocca Finita and its respective affiliates, licensors, officers, directors, employees, agents, and representatives harmless from any and all losses, costs, expenses, or damage of any nature whatsoever, including, without limitation, attorneys’ fees and court costs, arising from any claim, cause of action, demand, or suit by any third party, related to or arising out of your use of the Services or violation of these Terms. Tocca Finita reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Tocca Finita’s defense of such matter.

10. Termination

10.1 Termination of Your Use of the Services
Tocca Finita may terminate or block your use of our Services if you violate these Terms or are engaged in illegal or fraudulent use of the Services. You agree that any termination of your use of the Services may be effected without prior notice. Further, you agree that Tocca Finita shall not be liable to you or any third party for any termination of your use or access to the Services.

10.2 Survival After Termination
The following provisions of these Terms shall survive termination of your right to use the Services: Section 4 (Trademark Information); Section 5 (Site Content); Section 6 (User Content); Section 9 (Indemnity); Section 11 (Disclaimers); Section 12 (Limitation of Liability regarding Service); Section 13 (Release); and Section 18 (Applicable Law and Competent Jurisdiction). Additionally, any other provisions (or part of a provision) of these Terms that by their nature should survive termination of your right to use the Services shall also survive.

11. Disclaimers

11.1 Services Warranties
THE SERVICES AND ALL SITE CONTENT, OR ANY OTHER FEATURE, CONTENT, OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. TOCCA FINITA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. TOCCA FINITA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TOCCA FINITA MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE QUALITY, SAFETY, OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED BY YOU THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (III) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY LAW, TOCCA FINITA IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE SITE CONTENT, SERVICES, ACTIONS, OR INACTIONS OF ANY USER, ARTICLE, BLOG POST, NEWSLETTER, OR THE LIKE. YOU ACKNOWLEDGE THAT TOCCA FINITA HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF, THE TRUTH OR ACCURACY OF ANY USER CONTENT, OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11.2 Publications
The opinions expressed in our published works are those of the author(s) and do not reflect the opinions of Tocca Finita Inc. or any of its affiliates. They are neither a legal interpretation nor a statement of any Tocca Finita policy as the case may be. To the maximum extent permitted by law, neither Tocca Finita nor the authors guarantee the accuracy or completeness of any information contained in any publication and neither Tocca Finita nor its authors shall be responsible for any errors, omissions, or claims for damages, including exemplary damages, with regard to the content, accuracy, or sufficiency of the information contained in any publications. No part of any published work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of Tocca Finita and/or the publisher. All rights reserved.

12. Limitation of Liability regarding Services

TO THE EXTENT PERMITTED BY LAW, TOCCA FINITA SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOCCA FINITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR (II) ANY MATTERS BEYOND TOCCA FINITA’S REASONABLE CONTROL. WITH RESPECT TO USER CONTENT OR STATEMENTS, TOCCA FINITA SHALL HAVE NO LIABILITY WITH RESPECT TO ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, AND TO THE EXTENT PERMITTED BY LAW, TOCCA FINITA IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND TOCCA FINITA HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. Release

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOCCA FINITA AND EACH OF ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, PARENT, AND RELATED COMPANIES (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE. TO THE EXTENT PERMITTED BY LAW, RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

14. Purchases

14.1 Availability
All orders are subject to availability, and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to refund any monies that you might have paid.

14.2 Payment
The price of products shall be the one quoted on our Website, except where there is an error. If we discover an error in the price of any product(s) you have ordered, we may cancel the order and you will receive a full refund. The total cost of an order is the price of the product(s) ordered plus the delivery charge and sales taxes (if applicable). Prices are subject to change at any time and are calculated based on the location you are shopping from. All prices are in the currency indicated at checkout.

14.3 Legal Title
You will own the goods purchased once we deliver them to you, at which point responsibility for your goods passes to you.

14.4 Shipping
Upon completing your order, an email confirmation will be sent to your address on file. This email will serve as an invoice and includes your order number. A standard processing time of up to two (2) business days is required before your order is shipped. Orders placed after 11:00 AM (Eastern Time) may be processed the next business day, and orders placed on weekends and holidays will be processed the following business day starting at 8:00 AM (Eastern Time). During peak periods, processing times may exceed two business days. Once your order has been shipped, you will receive an email with your shipment’s tracking information, allowing you to monitor the progress of your delivery.

15. Returns

All returns are subject to Tocca Finita’s Return Policy, available here.

16. Product Warranty and Return Disclaimer

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR DISCLAIMER OF IMPLIED WARRANTIES AND CONDITIONS. ACCORDINGLY, SOME OR ALL OF THE BELOW DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. CERTAIN PRODUCTS SOLD OR DISTRIBUTED BY TOCCA FINITA MAY HAVE WARRANTIES THAT APPLY TO THEM. THESE WARRANTIES ARE PROVIDED BY THE MANUFACTURER OF THESE PRODUCTS AND NOT BY TOCCA FINITA OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, TOCCA FINITA DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER ARISING FROM SALE OF GOODS STATUTES OR OTHERWISE), RELATING TO ANY PRODUCTS SOLD OR DISTRIBUTED BY TOCCA FINITA.

17. Limitation of Liability regarding Purchases

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. ACCORDINGLY, SOME OR ALL OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THIS EXCLUSION AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TOCCA FINITA OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSSES, OR CAUSES OF ACTION (COLLECTIVELY, "DAMAGES") ARISING FROM OR IN ANY WAY RELATED TO (I) THE RETURN OF A PRODUCT PURCHASED FROM TOCCA FINITA IN A MANNER THAT IS CONTRARY TO THE TOCCA FINITA RETURN POLICY AND/OR THE SHIPPING TERMS AND CONDITIONS OF THE APPLICABLE CARRIER, INCLUDING, WITHOUT LIMITATION, FAILURE TO SHIP IN ACCORDANCE WITH THE SHIPPING LABEL, AND/OR THE SHIPPING, HANDLING, AND PACKAGING INSTRUCTIONS PROVIDED BY TOCCA FINITA OR THE APPLICABLE CARRIER; AND (II) ANY PRODUCT SOLD OR DISTRIBUTED BY TOCCA FINITA, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, PRODUCT LIABILITY AND NEGLIGENCE WITH RESPECT TO ANY REPRESENTATIONS MADE BY TOCCA FINITA REGARDING ANY PRODUCT SOLD OR DISTRIBUTED BY TOCCA FINITA, ANY DUTY TO PROPERLY TEST OR INSPECT SUCH PRODUCT, OR ANY FAILURE TO WARN OF THE SAFETY RISKS PERTAINING TO SUCH PRODUCT), CIVIL LIABILITY, STRICT LIABILITY, BREACH OF STATUTE (INCLUDING, WITHOUT LIMITATION, SALE OF GOODS STATUTES), OR OTHERWISE. THESE DAMAGES INCLUDE, WITHOUT LIMITATION, LOSS ARISING FROM DEATH OR PERSONAL INJURY, PROPERTY LOSS, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, AND LOST BUSINESS, DATA, OR SALES, EVEN IF TOCCA FINITA OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, TOCCA FINITA'S AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT TO WHICH THE ALLEGED DAMAGES RELATE.

18. Minors

18.1 Permission
You confirm that you have reached the age of majority in your jurisdiction. If you are under the age of majority in your jurisdiction, you should not use our Services, register on this Website, or otherwise provide any data without the permission of your parent or guardian.

18.2 Supervision
If you are the parent or guardian of a child under the age of majority, you should carefully supervise your child’s use of the Services on our Website. It is the responsibility of parents or guardians, and not Tocca Finita, to determine whether any part of this Site or any site linked to from this Website is appropriate for their children.

18.3 Right to Cancel
If you are under the age of majority in your jurisdiction and you have entered into these Terms without the permission of your parent or legal guardian, then you or your parent or legal guardian may cancel your agreement to these Terms.

19. Applicable Law and Competent Jurisdiction

19.1 Governing Law
These Terms shall be governed by the laws of Ontario, and the courts of Oakville, Ontario will have exclusive competence in case of a dispute.

19.2 Severability
Where a specific clause of these Terms is declared null, that clause shall be deemed unwritten. However, this does not invalidate the successful registration of a user, the entire Terms, or any other terms and conditions accepted by the Customer.

20. Contact

If you have any questions about these Terms, or if you have technical questions about the operation of the Services, please contact us via shop@toccafinita.ca. Please do not include any sensitive information in your correspondence, as emails may not be encrypted.