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Fresh Rules for a Fair Shopping Experience

Welcome to WearTomato (“we,” “us,” “our”). These Terms & Conditions (“Terms”) govern your use of our website, mobile application, and services (collectively, the “Platform”). By accessing or making a purchase from WearTomato, you agree to be bound by these Terms.

PLEASE READ CAREFULLY. If you do not agree with any part of these Terms, you must not use our Platform or purchase our products.

Quick Navigation

  • 1. Eligibility & Account Registration
  • 2. Products & Pricing
  • 3. Orders & Acceptance
  • 4. Payments
  • 5. Shipping & Delivery
  • 6. Returns & Refunds
  • 7. Intellectual Property
  • 8. User-Generated Content
  • 9. Prohibited Conduct
  • 10. Disclaimer of Warranties
  • 11. Limitation of Liability
  • 12. Indemnification
  • 13. Privacy
  • 14. Termination
  • 15. Governing Law
  • 16. Changes to These Terms
  • 17. Contact Us

1. Eligibility & Account Registration {#1}

1.1. Age Requirement: You must be at least 18 years old or the age of majority in your jurisdiction to make a purchase. If you are a minor, you may use our Platform only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

1.2. Account Accuracy: When you create an account, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your account.

1.3. Account Security: Notify us immediately at security@weartomato.com if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your login credentials.

1.4. Right to Refuse Service: We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion (e.g., suspected fraud, violation of these Terms, or abusive behavior).

2. Products & Pricing {#2}

2.1. Product Descriptions: We strive to display accurate product descriptions, colors, sizes, and images. However, we do not warrant that product descriptions, colors (due to monitor/screen variations), or other content is accurate, complete, reliable, or error-free.

2.2. Pricing: All prices are listed in [Your Currency, e.g., USD, PKR, BDT, GBP] and are subject to change without notice. Prices do not include applicable taxes, shipping, or handling fees unless stated otherwise.

2.3. Typographical Errors: In the event a product is listed at an incorrect price or with incorrect information due to typographical error, we reserve the right to refuse, cancel, or reverse any orders placed for that product, even after an order confirmation or payment has been received. We will notify you and issue a full refund.

2.4. Availability: All products are subject to availability. We reserve the right to discontinue any product at any time without notice. If an item becomes unavailable after you order, we will notify you and offer a substitute or full refund.

2.5. Sizing Information: Size guides are provided as general references. Fit may vary by style, fabric, and manufacturer. We cannot guarantee that a specific size will fit your body type.

3. Orders & Acceptance {#3}

3.1. Order Confirmation: After you place an order, you will receive an email acknowledging your order. This is not an acceptance of your order. It is a confirmation that we have received it.

3.2. Order Acceptance: A binding contract between you and WearTomato is formed only when we send you a “Shipment Confirmation” email. We reserve the right to refuse or cancel any order for any reason, including:

  • Product unavailability
  • Payment verification issues
  • Suspected fraud or unauthorized transaction
  • Pricing or description errors
  • Shipping restrictions

3.3. Bulk Orders: We reserve the right to limit quantities purchased per person, per household, or per order. For wholesale or bulk inquiries, contact wholesale@weartomato.com.

3.4. Cancellation by You: You may request cancellation within 1 hour of placing your order. After that, the order may have already entered processing and cannot be cancelled (but you may return it after delivery under our Returns Policy).

4. Payments {#4}

4.1. Accepted Payment Methods: We accept:

  • Credit/Debit Cards (Visa, Mastercard, American Express, etc.)
  • Digital Wallets (PayPal, [local options like JazzCash, EasyPaisa, etc.])
  • Cash on Delivery (COD) – where available (subject to additional fees)
  • Buy Now, Pay Later services (if integrated)

4.2. Payment Authorization: By providing payment information, you represent that you are authorized to use the payment method. We may verify payment information before processing your order.

4.3. Taxes & Duties: You are responsible for all applicable taxes, customs duties, and fees associated with your purchase. For international orders, customs fees are your responsibility and are non-refundable.

4.4. Fraud Prevention: All payments are subject to fraud screening. We reserve the right to refuse or cancel any order that triggers our fraud detection systems.

4.5. COD Orders (if applicable): Cash on Delivery orders require payment in exact change (if applicable) upon delivery. Failure to accept delivery of a COD order may result in suspension of COD privileges on your account.

5. Shipping & Delivery {#5}

5.1. Shipping Policy: Please refer to our separate Shipping Policy [link] for detailed information on processing times, shipping rates, carriers, and delivery estimates.

5.2. Risk of Transfer: Ownership and risk of loss for products pass to you upon delivery to the carrier. We are not responsible for delays, loss, or damage caused by shipping carriers after dispatch.

5.3. Delivery Address: You are responsible for providing a correct and complete shipping address. If a package is returned to us due to an incorrect address, you will be responsible for reshipping costs.

5.4. Undeliverable Packages: If a package is unclaimed, refused, or undeliverable, we may issue a refund (minus original shipping and a restocking fee of [e.g., 15%]) after the package is returned to us.

6. Returns & Refunds {#6}

6.1. Return Policy: Returns are governed by our Returns & Refunds Policy [link], which is incorporated into these Terms by reference.

6.2. Summary: You have 30 days to return most unworn, unwashed items with original tags attached. Final sale items, underwear, and swimwear are non-returnable. Return shipping costs are your responsibility unless the item is defective or we sent the wrong item.

6.3. Refunds: Refunds are issued to the original payment method within 5–10 business days after we receive and inspect your return.

7. Intellectual Property {#7}

7.1. Ownership: All content on our Platform – including text, graphics, logos, images, product designs, slogans (“Fresh Style. Honest Fit.”), software, and code – is the exclusive property of WearTomato or our licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2. Limited License: You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes only.

7.3. Restrictions: You may not:

  • Copy, reproduce, distribute, or create derivative works from our content
  • Use our trademarks or logos without prior written permission
  • Scrape, crawl, or use automated tools to extract data from our Platform

7.4. Trademarks: “WearTomato,” the WearTomato logo, and all related slogans are trademarks of WearTomato. Unauthorized use is prohibited.

8. User-Generated Content {#8}

8.1. What You Grant Us: When you post reviews, photos, videos, or other content (“User Content”) on our Platform or social media using our hashtags (e.g., #WearTomato), you grant WearTomato a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, and display that content for any purpose, including marketing and advertising.

8.2. Your Warranties: You represent that:

  • You own the content or have permission to share it
  • Your content does not infringe any third-party rights
  • Your content is not defamatory, obscene, or illegal

8.3. Right to Remove: We reserve the right to remove any User Content for any reason without notice.

9. Prohibited Conduct {#9}

You agree NOT to:

  • Use our Platform for any illegal purpose
  • Interfere with or disrupt our servers or security features
  • Attempt to gain unauthorized access to any accounts or systems
  • Engage in price manipulation, false reviews, or fraudulent transactions
  • Resell our products without a wholesale agreement
  • Use our Platform to harass, abuse, or harm others
  • Upload viruses, malware, or harmful code

Violation of these prohibitions may result in immediate account termination and legal action.

10. Disclaimer of Warranties {#10}

YOUR USE OF OUR PLATFORM AND PRODUCTS IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our Platform and products are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied.
  • We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
  • We do not warrant that our Platform will be uninterrupted, error-free, secure, or free of viruses.
  • We do not warrant that product sizing, colors, or descriptions will meet your expectations.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

11. Limitation of Liability {#11}

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WearTomato, its officers, employees, affiliates, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Platform or products.
  • Our total liability to you for any claim arising out of these Terms shall not exceed the amount you paid for the specific product giving rise to the claim.

Example: We are not liable for lost profits, lost data, emotional distress, or damaged reputation arising from a delayed shipment or product defect.

Some jurisdictions do not allow limitation of liability for certain damages, so some limitations may not apply to you.

12. Indemnification {#12}

You agree to indemnify, defend, and hold harmless WearTomato and our officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising from:

  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your misuse of our Platform or products
  • Any User Content you post

13. Privacy {#13}

Your privacy is important to us. Please review our Privacy Policy [link], which explains how we collect, use, and protect your personal data. By using our Platform, you consent to our privacy practices as described in the Privacy Policy.

14. Termination {#14}

14.1. By You: You may delete your account at any time by contacting us or through your account settings.

14.2. By Us: We may suspend or terminate your account immediately without notice for:

  • Violation of these Terms
  • Fraud or abusive behavior
  • Non-payment or chargebacks
  • Any reason at our sole discretion

14.3. Effect of Termination: Upon termination, your right to use our Platform ends immediately. Sections that by their nature should survive (e.g., Intellectual Property, Limitation of Liability, Indemnification) will survive.

15. Governing Law & Dispute Resolution {#15}

15.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Your Country/State, e.g., Pakistan / England & Wales / California, USA] , without regard to conflict of law principles.

15.2. Dispute Resolution – Informal First: Before filing a claim, you agree to contact us at legal@weartomato.com to attempt an informal resolution. We will respond within 30 days.

15.3. Binding Arbitration (Optional – for some jurisdictions): For customers in jurisdictions that permit it, any dispute arising from these Terms shall be resolved through binding arbitration rather than court, unless you opt out within 30 days of first accepting these Terms.

15.4. No Class Actions: You agree to resolve disputes on an individual basis only. Class actions, collective actions, and representative actions are not permitted.

15.5. Small Claims Court: Either party may bring an individual action in small claims court (if within jurisdiction) instead of arbitration.

16. Changes to These Terms {#16}

16.1. We may update these Terms from time to time to reflect changes in our practices, legal requirements, or operational needs.

16.2. If we make material changes, we will notify you by:

  • Posting a notice on our Platform
  • Sending an email to the address associated with your account (if applicable)

16.3. Your continued use of our Platform after the effective date constitutes your acceptance of the revised Terms. If you do not agree, you must stop using our Platform and delete your account.

16.4. The “Last Updated” date at the top of these Terms indicates when changes were made.

17. Contact Us {#17}

If you have any questions about these Terms & Conditions, please contact us:

 Customer Support: weartomato25@gmail.com

 Legal / Formal Notices: legal@weartomato.com
 Returns / Orders: orders@weartomato.com
 Business Address: [Your full business address]
 Phone (if applicable): [Your phone number]

Response time for legal inquiries: 5–7 business days.

Entire Agreement

These Terms, together with our Privacy Policy, Returns Policy, and Shipping Policy, constitute the entire agreement between you and WearTomato regarding your use of our Platform and purchase of our products. They supersede any prior agreements or understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless expressly acknowledged by us in writing.

Thank you for shopping at WearTomato. We’re honored to have you as a customer.

– The WearTomato Team

Appendix: Jurisdiction-Specific Add-Ons

Choose the one that applies to your location, or delete this section if not needed.

 Pakistan Add-On

For customers in Pakistan:

  • These Terms are governed by the laws of the Islamic Republic of Pakistan.
  • Any disputes shall be subject to the exclusive jurisdiction of courts in [Your City, e.g., Karachi/Lahore/Islamabad].
  • Cash on Delivery (COD) orders are subject to additional verification.

 EU / GDPR Add-On

For customers in the European Economic Area:

  • Nothing in these Terms limits your statutory rights as a consumer under EU law.
  • You have a 14-day withdrawal right (cooling-off period) for online purchases, which we extend to 30 days in our Returns Policy.
  • Disputes may be submitted to the European Commission’s Online Dispute Resolution (ODR) platform at https://ec.europa.eu/odr.

 USA Add-On (California Residents)

Under California Civil Code Section 1789.3:

  • You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.