Version 1.0 applicable from 1January 2011

Click on the print button to print a copy of the General Terms and Conditions of Online Sale.

To reach us by phone please call 1.800.457.TODS or by email onlineassistance@todsgroup.com.

Purpose

The General Terms and Conditions of Online Sale govern the sales made by eTOD’S Inc. (“TOD’S”) through www.tods.com of TOD’S products (hereinafter the “Products” or “Product”) to you (hereinafter the Client).

All Clients wishing to make a purchase from the website represent and warrant that they are not acting on a commercial basis, that they are not a minor and have full legal capacity or are authorized by a parent or guardian.

The General Terms and Conditions of Online Sale can change and be subsequently amended by

TOD’S; the respective applicable General Terms and Conditions of Online Sale shall be applied when an order is placed.

Therefore, the Customer should consult the General Terms and Conditions of Online Sale on a regular basis so the Customer is aware of the version applicable when placing orders.

Product features and availability

 Product features

The essential features of the Products offered for sale on www.tods.com are described on the Product page. Some Products may be available in different colors.

Due to the computer processing of images and in spite of the care taken in producing our Product pages, the colors of Products shown on the website may be slightly different from their actual color. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the site.

 

Product availability

Subject to their availability, Products offered for sale together with their prices shall be valid as long as they are accessible on www.tods.com.

If a Product becomes unavailable after placing the order, the Customer will receive immediate notification by email to the address provided for the order, and if the Customer credit card or debit card (the “Customer Card”) has been charged, a reverse authorization will be placed on the Customer Card.

If by any chance the Customer Card is charged, the full amount charged will be reimbursed to the Customer Card used as payment no later than thirty (30) days from the date of the payment. Please allow up to three (3) to six (6) business days for this transaction to post to the Customer credit Card and one (1) to two (2) billing cycles for it to be reflected on the Customer Card statement.

Prices and Prohibition on Reselling

The prices displayed on <www.tods.com> are in U.S. dollars and are intended to be valid and effective only in the United States. The prices displayed do not include applicable taxes. Prices listed on product pages are for informational purposes only, and may be changed by TOD’S at its own discretion without notice. In the event a product is listed at an incorrect price, TOD’S has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or the Customer Card charged. If Customer Card has already been charged for the purchase and the order is canceled, TOD’S will issue a credit on the Customer Card.

Total invoice prices displayed at the time of purchase include estimated taxes only. At the time of shipment, the card is charged and the final order total is indicated in the shipping confirmation email invoice. The final order total will include the actual sales tax calculated based on the shipping address and state laws.

Clients may not purchase any item from this site with the intention for resale by themselves or any other person and may not resell any item purchased from this site. The information on this site does not constitute a binding offer to sell products described on the site or to make such products available in your area. TOD’S reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in its sole discretion, even after the receipt by Customer of an order confirmation or after Customer Card has been charged.

 Accounts & Orders

 Setting up an account

The Customer may set up an account and become a “Registered Customer”, or can purchase products as a “Guest”. The Customer does not need an account in order to make a purchase from <www.tods.com>. If the Customer chooses to register, the Customer can monitor the progress of the order, access the Customer’s order history, and utilize services reserved for Customer account holders for a faster checkout.

An account can be setup prior to making a purchase by choosing the “Login/Register” button at the top of the screen or from the shopping cart after clicking “Go to Checkout”. The Customer must complete the fields on the form marked with a red asterisk, as this information is mandatory and necessary. In addition, the Customer must confirm having read Terms & Conditions. Failure to provide this information will not allow the Customer to register.

The Customer agrees to provide full, accurate and up-to-date information and to change any details that become obsolete or incorrect at a later date. Any details or information that is offensive, illegal, incorrect, misrepresented, representing a public order offence or moral issues must not be used in the context of setting up an account.

Once the account has been set up, an email will be sent to the email address provided on the account to confirm login information.

Placing an order

Once the Customer has selected the size, color and quantity of the Product or Products the Customer wishes to order, the Customer must choose “Add to Shopping Bag” on the product page to confirm the selection.

The contents of the shopping bag can be viewed at any time by clicking "Shopping Bag” which appears at the top right corner of each page on <www.tods.com>.

The Customer may delete some or all of the Products in the shopping bag at any time by clicking on the corresponding “x” icon of the products delete column. The Customer shall be responsible, where applicable, for completing details relating to invoicing, delivery address and intended payment method. At the end of the order process and before payment, the Customer will receive a summary of the Products ordered together with details of any delivery costs. At this point the Customer may either confirm or change the order.

Once the required order information is completed, the Customer will be directed to the payment page to finalize the order and choose Place Order to complete the process. Once payment has been made, an email summarizing the order and acknowledging receipt will be sent immediately to the email address provided by the Client.

Order Cancellation

We reserve the right at any time after receipt of the order to accept or decline the order, or any portion thereof, in our sole discretion, even after the Customer receives an order confirmation or after the credit card has been authorized. If the credit card has already been authorized for the purchase and the order is canceled, we will issue a credit to the original method of payment.

Payment

TOD’S accepts MasterCard®, Visa®, American Express®, and Discover® as methods of payment. The transaction will be charged to the Customer Card only after verifying the Customer Card details, receiving credit authorization on the Customer Card, and confirmation of the Product availability, and the order is ready for shipment.

Shipping

As indicated at the time of purchase and by the order confirmation email, the Customer is responsible for any and all shipping costs associated with the delivery as indicated at the time of purchase. Flat shipping fees apply for Ground, Next Day, and Second Day Air. The Customer shall select the shipping method when placing the order. Once the order is placed, the Customer will not be allowed to change the shipping method or address.

Shipping Methods and Fees

Next Day        $35.00  Guaranteed delivery on the next business day.

Second-day    $25.00

Ground           Complimentary

Alaska, Hawaii, Puerto Rico*

Next Day        $35.00

Second-day    $25.00

*Ground and Overnight are not available to Alaska or Hawaii.

All packages are shipped via UPS.

Delivery

Place of delivery

The Products purchased on <www.tods.com> can only be delivered to addresses in the United States; to all 50 states including Alaska and Hawaii. Items cannot be shipped to a P.O. boxes or APO/FPO addresses.

Subject to receipt by TOD’S of the full payment, deliveries shall be made to the address provided the time of placement of an order. The Customer shall be responsible for checking the accuracy of this information prior to final confirmation of the order (in particular names, address, number, postal code, etc.). TOD’S shall not be responsible for any mistake by the Customer in the information provided at the time of the order confirmation.

 If information relating to recipients is incorrect, TOD’S may not be held liable for any delay or failure to deliver an order.

Delivery period

Unless indicated otherwise after the final confirmation of order, the delivery period for Products ordered from www.tods.com include 1-2 business days to process the order for shipment, in addition to the time indicated by the Client’s preferred shipping method. i.e. UPS next day, second-day, ground. Orders are processed and delivered Monday through Friday, excluding holidays. Saturday delivery not available. eTODS.com is not responsible for unanticipated delays due to conditions such as weather or air travel delays.

Receipt of Products

If aan Products purchased on <www.tods.com> is received damaged, the Customer must notify Customer Assistance immediately within forty eight (48) hours either by phone (at 1-800-457-TODS) or by email onlineassistance@todsgroup.com. The Customer must provide detailed information regarding the defects and keep the original Product packaging and the parcel in the condition in which it was received, and otherwise follow the instructions provided by the Customer Assistance representative.

Customer Assistance will then begin investigation with UPS. Please note that this process generally takes between eight (8) and ten (10) business days.

Retention of ownership and transfer of risks

TOD’S shall retain full ownership of the Products ordered until payment has been received in full. Once the product is shipped risks of loss or damage to said Products, and any damage that may have occurred, shall be transferred to the Customer.

Right of withdrawal, Return/Exchange

The Customer has a period of twenty (20) days from the date of shipment of the Products (the “Return Period”) during which to exercise the right to return, or upon availability, exchange without having to give reasons, any Product or Products that are not satisfactory provided that such right will not be exercisable when product on the website www.tods.com are marked as “Final Sale”.

During the Return Period, the Customer may exercise this right by filling out and sending the return/exchange form included in the shipment and by using the return shipment label provided by TOD’S to the Customer. Should further assistance be needed the Customer can contact Customer Assistance by phone 1.800.457.TODS or by sending an email to onlineassistance@todsgroup.com.

If the last day of the Return Period falls on a Saturday, Sunday or a public holiday, the Return Period shall be extended to the next business day. Public holidays include New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

For commercial reasons, we will accept the costs of returning Products subject to strict compliance with the procedure as outlined on the return/exchange form and criteria outlined in the Return Policy.

RETURN POLICY

For online purchases, the Product (or Products) shall be submitted for return to TOD’S to the courier designated in the return shipment provided by TOD’S to the Customer within twenty (20) days from the date of shipment, in their original condition, in the original packaging, and must be accompanied by the pertinent sales receipt.

TOD’S will only accept full-price Product in its original condition for a full refund when accompanied by the invoice inside the package. We will not accept merchandise that has been worn, used, altered or damaged. Sale-priced Products, or Products marked as “Final Sale” at the time of the order, are final sale and cannot be returned, and TOD’S will not issue any credit towards the return of said Product.

Returns will be processed within seven (7) to ten (10) business days of receipt. Refunds may only be issued on the same Customer Card utilized for payment. Please note that shipping charges for any returned item(s) are the Client’s responsibility at the point of refund. TOD’S will not assume any liability for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled by the courier.

TOD’S does not offer the right to exchange items or obtain refunds at our boutiques, outlet stores or at Tod’s shop-in-shops in department stores for Products purchased at on. www.tods.com. TOD’S does not offer the right to exchange items or obtain refunds from TOD’S for merchandise purchased at our boutiques, outlet stores or at Tod’s shop-in-shops in department stores.

TOD’S reserve the right to refuse return of any merchandise that does not meet the above return policy.

The price any returned Products that complies with TOD’S Return Policy shall be reimbursed as soon as possible and, in any event, within 30 days of from the return of the Products by the Customer to TOD’S.

Returns of Products that do not comply with the Return Policy may be accepted at the sole discretion of TOD’S.

Personal data

Personal data shall be collected by ETOD’S INC. on the www.tods.com website with a goal of allowing the Client to set up an account and/or to purchase Products from www.tods.com

My Account

Certain personal data is essential for setting up a Client account and making purchases; such information beginning with an asterisk is Title, First Name, Last Name, Email Address, Password, and Telephone. Failure to provide this mandatory information shall mean that the Client’s account cannot be set up and used. In creating this account, the Client authorizes Tods.com to store their name and email. All other requests for personal data are optional.

Email

Email registration for the Tod’s online newsletter is optional. To register an email for the Tod’s online newsletter the Client can submit it through the Email Sign Up menu button on the top right of the page. The Client can also sign up when creating a Tods.com account by checking the Email Newsletter option during registration. If the Client does not choose to sign up during registration, at any point after registration the Client may check the “Sign up to our email newsletter” option on the Profile tab of My Account and press the Sign up button to confirm the option.

Email addresses provided to become a registered Tods.com member are stored for ordering purposes only.

Purchases

Credit card information will be collected when placing an order. Tods.com does not store this information.

In accordance with Personal Privacy Protection laws, in regards to information technology, files and rights, the Client shall have the right to access, change, correct and delete personal data.

This right may be exercised, where applicable, via the Client account. To make changes to a Tods.com profile, the Client must go to Profile tab of the My Account page and choose the “Edit” button in the right hand corner of the page to change home address, email address, etc. information and save to finish updating.

However, we reserve the right to object to requests that are clearly abusive, particularly in terms of their number and repetitive or systematic nature. Moreover, have the right to object, on legitimate grounds, to the collection of personal data.

We are committed to implementing appropriate measures in order to avoid any attack on the integrity and confidentiality of personal information collected.

However, the security, confidentiality or integrity of information sent via the Internet is not guaranteed on account of the very nature of the network.

In particular, we are not accountable and may not be held liable in the event of loss, communication to a third party or fraudulent uses of login details.

Severability of Clauses

If one or more of the provisions in the General Terms and Conditions of Sale are deemed or declared null and void, unenforceable, or illegal, the other provisions shall remain unaffected in terms of their validity and scope.

Applicable law

The laws of the State of New York govern these Terms and Condition of Sale, and the Customer irrevocably consent to the jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms and Conditions of Sale. The website www.tods.com has been designed to comply with the laws of the State of New York and of the United States. If www.tods.com fails to comply with the applicable legislation in the country from which the Customer accesses the website, the Customer must stop using the website.

Disclaimer, Errors & Inaccuracies

Tod’s is not responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through this site.

Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior or subsequent notice.