Legal Notice

6.4. Limitation of Warranty THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY TOSKANI FOR DEVICES. TOSKANI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOSKANI’S LIABILITY UNDER THIS WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT OF THE DEFECTIVE DEVICE. IN NO EVENT SHALL TOSKANI BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE DEVICE.

7. Disclaimer and Limitation of Liability

  • 7.1. Disclaimer: Toskani products are "topical use" cosmetic solutions. These products are not drug products. They are not intended to prevent, treat, or cure diseases or medical conditions. It is not intended to be injected or delivered intravenously. EXCEPT AS EXPRESSLY SET FORTH IN THIS POLICY, TOSKANI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  • 7.2. Limitation of Liability: IN NO EVENT SHALL TOSKANI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SALE, USE, OR PERFORMANCE OF THE PRODUCTS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF TOSKANI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TOSKANI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE ORDER GIVING RISE TO THE CLAIM.

8. General Provisions

  • 8.1. Governing Law and Dispute Resolution: This Policy and all sales hereunder shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Policy shall be resolved exclusively in the state or federal courts located in Broward County, Florida.

  • 8.2. Intellectual Property: You acknowledge that all trademarks, logos, and other intellectual property associated with Toskani and its Products are the exclusive property of Toskani. You agree not to use or display such intellectual property without our prior written consent.

  • 8.3. Entire Agreement: This Policy, together with your order confirmation, constitutes the entire agreement between you and Toskani with respect to your purchase of Products and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.