Overview

Welcome to Totem! The terms "we", "us" and "our" refer to Totem. Totem operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Totem is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referred to herein (these "Terms of Service"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

Section 1 — Access and account

By agreeing to these Terms of Service, you represent that you are at least 18 years old, or that you have the consent of a parent or guardian, and that you have given consent to any minors under your responsibility to use the Services on devices you own, purchase or manage.

To use the Services, including visiting or browsing our online store or purchasing products or services, you may be asked to provide certain information, such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide in our store is correct, current and complete, and that you have all rights necessary to provide this information.

You are solely responsible for keeping your account details secure and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

Section 2 — Our products

We have made every effort to display our products and services in our online store as accurately as possible. Please note, however, that colours or product appearance may differ from how they are displayed on your screen, depending on the device and settings you use.

We do not guarantee that the appearance or quality of any products or services purchased will meet your expectations or be exactly the same as shown in our online store.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and to limit the quantities available per person, region or jurisdiction.

Section 3 — Orders

When you place an order, you are making an offer to purchase. Totem reserves the right to accept or decline your order at its sole discretion. Your order is only accepted once Totem confirms it. We must receive and process your payment before your order is accepted. Please review your order carefully before placing it, as Totem may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided with the order.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

Section 4 — Prices and billing

Prices, discounts and promotional offers are subject to change without notice. The price charged is the price in effect at the time the order is placed and will be shown in your order confirmation. Unless otherwise stated, prices shown exclude taxes, shipping, handling, customs or import charges.

Prices in our online store may differ from prices in physical stores or in other online or offline stores operated by third parties. From time to time we may offer promotions that affect pricing and are governed by separate terms. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will apply.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store, and to promptly update this information so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are duly authorised to use this payment method, (iii) charges incurred by you will be honoured by your payment provider, and (iv) you will pay the charges incurred by you at the posted prices, including shipping costs and applicable taxes.

Section 5 — Shipping and delivery

We are not liable for shipping and delivery delays. All delivery times are estimates and not guarantees. We are not responsible for delays caused by carriers, customs processes or circumstances beyond our control. Once products are handed over to the carrier, title and risk of loss pass to you.

Section 6 — Intellectual property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Totem, its affiliates or licensors and are protected by Dutch, European and international copyright and other intellectual property laws.

These Terms of Service permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Nothing in these Terms of Service grants you a licence or any other right to any patent, trademark, copyright or other intellectual property of Totem, Shopify or any third party. Unauthorised use of the Services may constitute a breach of intellectual property laws. All rights not expressly granted herein are reserved by Totem.

Totem's names, logos, product and service names, designs and slogans are trademarks of Totem, its affiliates or licensors. You must not use these trademarks without Totem's prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Section 7 — Optional tools

You may be given access to third-party tools as part of the Services, which we neither monitor nor have any control over.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk, and you should ensure that you are familiar with and approve of the terms on which the relevant third party provides them.

We may also, in the future, offer new features through the Services (including new tools and resources). Such new features will also be considered part of the Services and are subject to these Terms of Service.

Section 8 — Third-party links

The Services may contain materials and hyperlinks to third-party websites (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you visit. If you leave the Services to visit such materials or sites, you do so at your own risk.

We are not liable for any harm or damages related to your visit to third-party websites, or to your purchase or use of any products, services, resources or content on third-party websites. Please review the policies and practices of any third party carefully before engaging in any transaction. Complaints, claims or questions regarding third-party products and services should be directed to the relevant third party.

Section 9 — Relationship with Shopify

Totem is powered by Shopify, which enables us to provide the Services to you. However, any purchase you make in our store is concluded directly with Totem. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Totem, including any injury, damage or loss resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Totem.

Section 10 — Privacy policy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit to the Services will be shared with Shopify and any third parties, which may be located in countries other than where you reside. Please see our privacy policy for more information on how we, Shopify and our partners use your personal information.

Section 11 — Feedback

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use. We may use these rights, for example, to operate, improve and promote the Services.

You also represent and warrant that: (i) you own all necessary rights to your Feedback, (ii) you have disclosed any compensation or incentives received in connection with your Feedback, and (iii) your Feedback complies with these Terms of Service. We are under no obligation (1) to keep your Feedback confidential, (2) to pay compensation for your Feedback, or (3) to respond to your Feedback.

We may, but are under no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringes the rights of third parties or these Terms of Service.

You agree that your Feedback will not violate any rights of third parties, including copyright, trademark, privacy or other personal or proprietary rights. Your Feedback must not contain defamatory, unlawful, abusive or obscene material, or any computer viruses or other malware. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

Section 12 — Errors, inaccuracies and omissions

Information on the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change information or cancel orders if any information is inaccurate, even after you have placed an order.

Section 13 — Prohibited uses

You may use the Services only for lawful purposes. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, European, national or local laws or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, harm or defame employees or others; (e) to submit false or misleading information; (f) to send or use any material that does not comply with these Terms of Service; (g) to send unsolicited advertising, chain letters or spam; (h) to impersonate any other person or entity; or (i) to engage in any other conduct that restricts anyone's use or enjoyment of the Services, or which, in our judgement, may harm Totem, Shopify or users or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish or pretext; (e) use any robots, scrapers, automated tools, AI tools (such as agentic AI) or other automated or manual means to access the Services; or (f) circumvent any security or authorisation measures, robot exclusion headers or other access restrictions. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated these terms.

Section 14 — Automated access (Agents)

This section applies if you use, permit or cause any automated system ("Agent") to access, use or interact with the Services. An "Agent" is any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a person or entity, without direct supervision.

An Agent may only access the Services if it identifies itself at all times and complies with the requirements below. No Agent may access the Services if we have requested that it not do so. We may, including by technical means, restrict whether and how an Agent accesses the Services.

Agents must: (i) disclose in all HTTP/HTTPS requests that the request comes from an Agent, by including "Agent/[name of the agent]" in the user-agent string; (ii) not conceal that interactions come from an Agent, for example by mimicking human behaviour or circumventing CAPTCHAs; (iii) answer truthfully any questions designed to determine whether interactions come from a human or a computer; (iv) not circumvent any measures designed to block, restrict or monitor access by Agents.

Section 15 — Termination

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice. You remain liable for all amounts due up to and including the date of termination.

The following sections survive termination: Intellectual property, Feedback, Termination, Disclaimer of warranties, Limitation of liability, Indemnification, Severability, Waiver, Entire agreement, Assignment, Governing law, Privacy policy, and any other provisions that by their nature should survive.

Section 16 — Disclaimer of warranties

The information on the Services is provided for general information purposes only. We do not warrant that this information is accurate, complete or useful. Any reliance you place on this information is strictly at your own risk. To the fullest extent permitted under Dutch law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

Please note: mandatory consumer law (such as the statutory right to a conforming product and the right of withdrawal) cannot be excluded and continues to apply in full.

Section 17 — Limitation of liability

To the fullest extent permitted by Dutch law, Totem — including our affiliates, directors, officers, employees, partners, agents, contractors, service providers or licensors, as well as those of Shopify — shall not be liable for any indirect, incidental, special or consequential damages, including loss of profits, revenue, savings, data or replacement costs, arising from your use of the Services or any products obtained through the Services, whether based in contract, tort (including negligence), strict liability or otherwise — except in the case of intent or deliberate recklessness on the part of Totem, or to the extent that mandatory law provides otherwise.

Section 18 — Indemnification

You agree to indemnify Totem, Shopify and our affiliates, officers, directors, employees, agents, contractors, licensors and service providers against any loss, damage, liability or claims, including reasonable attorneys' fees, arising from (1) your breach of these Terms of Service, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification; failure to notify you promptly does not relieve you of your obligations, unless you are materially prejudiced as a result. We may conduct the defence and settlement of any such claim at your expense, but will not enter into any settlement that imposes non-monetary obligations on you without your consent (which may not be unreasonably withheld).

Section 19 — Severability

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall nonetheless remain enforceable to the fullest extent possible, and the unenforceable part shall be severed from these Terms of Service without affecting the validity and enforceability of the remaining provisions.

Section 20 — Waiver; entire agreement

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and any policies we publish constitute the entire agreement between you and us regarding your use of the Services, and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

Section 21 — Assignment

You may not assign this agreement or any of your rights or obligations under it without our prior written consent; any such attempt is void. We may assign these Terms of Service and our rights and obligations without your consent or notice to you.

Section 22 — Governing law and jurisdiction

These Terms of Service and any agreements under which we provide Services to you are governed by Dutch law. Disputes arising from or relating to these Terms of Service will be submitted to the competent court in the district where Totem is established (Overijssel), unless mandatory consumer law prescribes a different competent court.

Section 23 — Headings

The headings in this agreement are included for convenience only and do not affect the content of these Terms of Service.

Section 24 — Changes to the Terms of Service

You can always review the most current version of these Terms of Service on this page. We reserve the right, at our sole discretion, to update, change or replace these Terms of Service by posting updates on our website. It is your responsibility to check our website regularly for changes. We will notify you of material changes in accordance with applicable law. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

Section 25 — Contact information

Questions about these Terms of Service can be sent to support@tap2totem.com.

Totem Ariënsplein 1 7511 JX Enschede The Netherlands

Phone: +31 6 18439078 Email: support@tap2totem.com Chamber of Commerce number: 84049189 VAT number: NL863076221B01