TERMS & CONDITIONS
Terms of Service
OVERVIEW
This website is operated by ToLo Leather. Throughout the site, the terms “we”, “us” and “our” refer to ToLo Leather. ToLo Leather offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Wix Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 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 optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ToLo Leather, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ToLo Leather and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be communicated using the Contact form provided.
SECTION 21 - SMS COMPANY MOBILE MESSAGING
Mobile Terms & Conditions
ToLo Leather may offer its customers mobile alerts regarding sales promotions, product launches, cart reminders, and more by SMS message (the "Service"). By participating in the Service, you are agreeing to these Terms and to the privacy policy.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. ToLo Leather reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
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Authorize ToLo Leather to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
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Acknowledge that you do not have to agree to receive messages as a condition of purchase.
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Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
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Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, submit a request using the Contact form.
Content You May Receive
Once you affirm your choice to opt-in to the Service your message frequency may vary. You may receive alerts about:
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Sale promotions
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Event information
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Product launch announcements
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Cart reminders
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Back in stock alerts
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Price drop alerts
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Low inventory alerts
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. ToLo Leather may add or remove any wireless carrier from the Service at any time without notice. ToLo Leather and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from ToLo Leather, reply STOP to any of the text messages you have received from ToLo Leather. After texting STOP, you will receive one additional message confirming that your request has been processed.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.
SECTION 22 - GIFT CARD POLICY
Gift Cards are non-refundable. Card good only toward purchase of products on www.ToLoLeather.com. No expiration date or management fees. This card cannot be used to purchase or reload other ToLo Leather gift cards. Card value may not be redeemed for cash, check or credit, unless required by law. Treat this card like cash; ToLo Leather is not responsible for lost, stolen or destroyed gift cards or cards used without the owner’s permission. To the full extent permissible by law, in the event a gift card is non-functional, your sole remedy, and our sole liability, will be the replacement of that gift card. This card may not be resold by any unauthorized vendors. Unauthorized resale or attempted resale is grounds for cancellation. Cards obtained through unauthorized channels will be void. Use of card constitutes acceptance of these terms. We reserve the right to change these terms without notice from time to time at our sole discretion. The laws of the State of Texas, without regards to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise in connection with the issuance or use of this card.
SECTION 23 - GIVEAWAY AND GIVEBACK TERMS AND CONDITIONS
All Giveback promotions and events for partners are calculated off Net Profits.
Employees or directors of ToLo Leather and its affiliates, and their immediate family members or individuals residing in the same household, are not eligible for Giveaway and Giveback promotions. ToLo Leather reserves the right to modify or discontinue any promotion at any time. All other customers are eligible to enter. Odds of winning depend on the number of eligible entries. Void where prohibited.
SECTION 24 -Accessibility Statement
Accessibility tools provided by Wix.
Refund Policy
RETURNS
Most items may be returned within 30 days of purchase date. Exclusions apply. See exclusions posted in-store or online. Original receipt required. Product(s) must be in original selling condition, unopened, unaltered and unused. Final sale, clearance and special-order items, gift cards and shipping fees are non-refundable. ToLo Leather reserves the right to deny any return. Returns are refunded to the original form of payment. Purchases made with cash over $50, check, or money order will be refunded to a ToLo Leather Leather gift card.
Return Policy Definitions:
Each product has a return policy detailed on its product page under disclaimers. Below is more specific information regarding the meaning of those terms.
"Standard 30 Day Return Policy"
Items under this policy may be returned within 30 days of purchase.
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Original receipt is required.
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Pre-authorization is required for all products returned by mail.
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Items must be in the original unopened packaging.
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Items must not be used or altered in any way.
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Items ordered online, by phone, or in person may be returned to this address
8410 Washita Dr.
Austin, TX 78749
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Customers are responsible for paying return shipping, either on their own or through the online store.
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Any defective or damaged items must be reported immediately upon delivery after purchase.
Items under this policy include but are not limited to:
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Actively stocked leather.
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All Hand Tools.
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All Supplies like paints, dyes, adhesives, etc.
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Hardware in standard quantity packs of less than 500.
"Not Returnable"
Items under this policy are not eligible for returns, all sales are final. Shipping fees related to special order items are not refundable.
Items under this policy include but are not limited to:
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Gift Cards
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Digital Items
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Final Sale Items
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Personalized Items
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Custom Design Items
Return procedure:
Contact us on the site through the Contact form to initiate a return for items ordered online. A Return Merchandise Authorization (RMA) is required for all online order returns. If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item. Return Shipping is at the customer’s expense. Order shipping fees are not refundable.
Refunds
Once your return is received and inspected, we will notify you of the approval or rejection of your refund. If approved, your refund will be processed and refunded to the original form of payment. Return processing time is 5-7 business days upon receipt.
Refunds for purchases made by credit card will be refunded to the credit card used in the original transaction. Once the refund is processed, it can take 5-7 days for your bank to release the funds. In the event we are unable to process the refund to the original credit card, the refund will be issued to a ToLo Leather Leather gift card.
Refunds for purchases paid for with a gift card or pre-paid credit card will be issued to a ToLo Leather Leather gift card. Refunds for purchases paid for in cash, valued at less than $50, will be refunded with ToLo Leather Leather gift card. Any returns for purchases paid for with cash totaling more than $50, any money order, or any check will be refunded in the form of a ToLo Leather Leather gift card.
Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a ToLo Leather Leather gift card for the value of your return. Once the returned item is received, a gift card will be mailed to you. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver, and the gift giver will find out about your return.
Filing a Claim for Non-Receipt
If your tracking details show the package was delivered and you cannot locate it, we recommend waiting 48 hours following delivery confirmation as some tracking sites may display a delivered status prior to their arrival at the destination. ToLo Leather utilizes both UPS, Fedex, and USPS for delivery. UPS now offers UPS Proof of Delivery which allows you to access a picture of the delivery site. Check your tracking for more information.
If it has been more than 48 hours, please do the following:
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Look for a notice of attempted delivery left by the carrier.
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Look around the delivery location for your package (On the porch, by your garage etc.)
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See if someone else in your household or a neighbor accepted the delivery.
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Verify the shipping address used by the carrier and on your order was correct.
If your package has not shown up within 3 business days of being marked delivered, please contact the appropriate delivery carrier to file a claim, once a claim has been started with the carrier contact our Customer Service Team below for next steps.
Please note that you have 10 days from the time the package is marked Delivered to contact us and open a claim or ToLo Leather may not be responsible to replace the order. After a claim is opened, it could take several weeks for an investigation to be finalized and a decision to be made.
ToLo Leather is not responsible for replacing or providing a refund if the address given on the order is incorrect and that is where the package was delivered. Replacing the order will be at the customer’s expense.
Missing or Damaged Items
If your package arrives and there is product damaged during transit or an item was incorrect or missing, contact us immediately to get the issue corrected.
You will need to provide the following items to open a claim for damaged goods:
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Pictures of the damaged package and ALL damaged product to be included in the claim.
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Order number
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Items and quantity that were damaged.
You will need to provide the following items to open a claim for incorrect or missing items:
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Order number
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Items missing
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Items that were incorrect if applicable
Please note that you have 10 days from the time the package is marked Delivered to contact us and open a claim to get this resolved. ToLo Leather is not responsible for replacing missing or damaged items if a claim is not filed within this 10-day timeframe.