Terms of Service

TORNADO Blender Company Terms of Service

OVERVIEW

Welcome to TORNADO Blender Company! TORNADO Blender Company is the trading name used by DirectStoreUSA.com LLC, the legal operator of TornadoBlender.com. The terms “we,” “us” and “our” refer to DirectStoreUSA.com LLC doing business as TORNADO Blender Company.

We operate this store and website, including its related information, content, features, tools, products and services (the “Services”). Our store is powered by Shopify.

These Terms of Service, together with the policies referenced here, describe your rights and responsibilities when you use the Services. Please read them carefully.

By accessing or using the Services, you agree to these Terms. Our Privacy Policy explains how personal information is collected, used and disclosed. If you do not agree to these Terms, you should not use the Services.

SECTION 1 - ACCESS AND ACCOUNT

To place an order, you must be at least the age of majority in your state or territory of residence and legally able to enter into a binding agreement.

You may be asked to provide information such as your email address, billing details, payment information and shipping address. You agree to provide information that is accurate, current and complete and that you are authorized to provide.

You are responsible for maintaining the security of your account credentials and for activity you authorize through your account. Please contact us promptly if you suspect unauthorized access. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to describe and display our products accurately. Colors and appearance may vary depending on your device and display settings. Minor differences in screen appearance do not change our obligation to supply products that conform to their descriptions and applicable law.

Use products in accordance with the owner’s manual and safety instructions.

We may update product descriptions, discontinue products or limit quantities for future orders. Changes do not retroactively change the product specifications or other agreed terms of an order we have already accepted. If a material correction affects your order, we will contact you to arrange an appropriate resolution.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. We may accept or decline orders, subject to applicable law. An automated order receipt confirms that we received your order; acceptance occurs when we confirm shipment or expressly confirm acceptance.

If we collect payment and subsequently decline or cancel your order, we will refund the amount collected for the canceled items and related charges. If we propose a material change to your order, we will seek your agreement before proceeding.

Please review your order carefully before submitting it. Contact us promptly if you need to request a change or cancellation. We may be unable to stop an order that is already being processed or shipped. This does not reduce your rights under our Refund Policy or applicable law.

Our advertised 30-day home trial begins on delivery and applies to eligible complete new blenders. Separately purchased accessories and replacement parts are excluded from change-of-mind returns. Defective, damaged or incorrect items still receive assistance, and we cover return shipping when we require their return.

The complete eligibility, timing, condition, shipping and refund requirements are described in our Refund Policy and 30-day home trial terms. Nothing in these Terms reduces the advertised trial or any mandatory consumer rights.

You may purchase our products for household or commercial use. Commercial use is excluded from our household limited warranty. We support commercial customers with separately priced parts, repairs and rebuilding services. Please contact us before placing orders for resale or distribution.

SECTION 4 - PRICES AND BILLING

Prices are displayed in United States dollars unless expressly stated otherwise. Prices, discounts and promotions may change for future orders. The price applicable when you place your order will appear in your order confirmation. We will not increase the price of an accepted order without your agreement.

We currently sell and ship only within the United States and its territories. Standard shipping is free for orders within our supported shipping area. Any optional paid service or other applicable charge will be disclosed before you complete your purchase.

Applicable sales taxes, if any, are calculated and displayed at checkout.

Prices offered by third-party retailers or marketplaces may differ from prices on our website. Promotions may have separate terms. Those terms govern the promotion, subject to applicable law and any product warranty or return rights applicable to your purchase.

You agree to provide accurate and current purchase, payment and account information. You represent that you are authorized to use the payment method provided and agree to pay the total amount disclosed at checkout.

SECTION 5 - SHIPPING AND DELIVERY

We currently ship only within the United States and its territories. Standard shipping is free within our supported shipping area. Further information is available on our shipping page.

Delivery dates are estimates unless we expressly agree otherwise. Carrier delays and events outside our reasonable control may affect delivery. Estimates do not remove our obligations concerning timely shipment, delay notices, cancellation options or refunds under applicable law.

If your order is delayed, lost or arrives damaged, contact info@tornadoblender.com so we can investigate and arrange an appropriate resolution.

For orders shipped using a carrier arranged by us, risk of loss remains with us until delivery to the shipping address supplied at checkout. Please provide an accurate address and contact us promptly about delivery problems. Investigation requirements do not remove your statutory rights.

This section does not determine shipping responsibilities for trial returns or warranty repairs. Those responsibilities are described in the applicable return policy and written warranty.

SECTION 6 - INTELLECTUAL PROPERTY

The Services, including their text, graphics, photographs, video, audio, branding, design and arrangement, are owned by us or our licensors, or used with permission, and are protected by applicable intellectual property laws. Third-party content remains subject to its owners’ rights.

You may browse the website and purchase products for lawful household or business use. You may use ordinary browser functions and retain copies of your order records, policies, manuals and other materials provided for customer use.

Except as permitted by applicable law or with the rights holder’s permission, you may not reproduce, distribute, modify, publish or commercially exploit website content.

Our names, logos, product names, designs and slogans may be trademarks of DirectStoreUSA.com LLC or its licensors. Shopify’s names and logos belong to Shopify. Other trademarks belong to their respective owners. These Terms do not grant permission to use those marks beyond what applicable law allows.

SECTION 7 - OPTIONAL TOOLS

The Services may provide access to tools operated by third parties. Those tools may be subject to separate terms and privacy practices, which you should review before using them.

To the extent permitted by applicable law, optional third-party tools are provided “as is” and “as available,” without additional warranties from us concerning their independent operation.

Nothing in this section excludes responsibility for our own acts or omissions, reduces our obligations concerning your purchases, or limits rights that cannot lawfully be excluded.

We may introduce new website features or tools. Their use will be subject to these Terms and any additional terms disclosed when they are offered.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites or embedded third-party features. We do not control independent third-party websites and do not guarantee their content or practices.

Please review the terms and privacy policies of third-party services before using them or purchasing from them. Questions about purchases made directly from a third-party seller should be directed to that seller.

To the extent permitted by applicable law, we are not responsible for losses caused solely by independent third-party websites or services. This does not exclude responsibility for our own acts or omissions or limit mandatory consumer rights.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Our store is powered by Shopify, which enables us to provide the Services. Purchases from this store are made directly with DirectStoreUSA.com LLC doing business as TORNADO Blender Company.

To the extent permitted by applicable law, Shopify is not responsible for sales between you and us, including injury, damage or loss resulting from products or services we sell. To that same extent, you release Shopify and its affiliates from claims arising from those purchases and transactions.

Nothing in this section excludes any liability that cannot lawfully be excluded, affects obligations Shopify independently owes you under applicable law, or reduces your rights against us concerning your purchase.

SECTION 10 - PRIVACY POLICY

Our collection, use and disclosure of personal information are described in our Privacy Policy.

Shopify also processes personal information in connection with hosting and operating the Services. Certain processing is described in Shopify’s Consumer Privacy Policy.

Information may be processed by Shopify and other service providers in countries other than your country of residence, as described in the applicable privacy policies.

SECTION 11 - FEEDBACK

If you submit reviews, suggestions, photographs, videos or other content intended for publication or promotional use (“Feedback”), you retain ownership of that content.

You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, distribute and reasonably adapt that Feedback to operate, improve and promote our products and Services. We may allow service providers to exercise these rights on our behalf.

This license does not authorize us to use private order information, support correspondence or personal information for unrelated public promotion. Personal information remains subject to our Privacy Policy and applicable law.

You represent that you have the rights necessary to submit your Feedback and that it does not infringe another person’s intellectual property, privacy or other rights. Please disclose any compensation or incentive received in connection with a review.

Feedback must not contain unlawful, defamatory, fraudulent or malicious material. You must not impersonate another person or misrepresent the origin of a submission.

We may moderate content for legitimate reasons, such as unlawful content, spam, personal information or material unrelated to the product. We do not prohibit honest reviews or remove reviews merely because they are negative.

Unless separately agreed, we are not required to pay for unsolicited Feedback or respond to every submission.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

We may correct errors concerning product descriptions, prices, promotions, shipping information or availability.

If a material error affects an order you have placed, we will contact you to explain the issue and arrange an appropriate resolution, which may include your agreement to corrected terms or cancellation and a refund.

We will not use a website correction to retroactively reduce the warranty, trial, refund or other contractual rights attached to an accepted purchase. All corrections and cancellations remain subject to applicable law.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes. You must not:

  • Violate applicable law or another person’s intellectual property, privacy or other legal rights.

  • Threaten, unlawfully harass, defraud or impersonate another person.

  • Submit fraudulent orders or materially false information.

  • Upload malware or other code intended to damage or disrupt systems.

  • Attempt unauthorized access to accounts, personal information or systems.

  • Send spam or engage in phishing or other deceptive activity.

  • Disrupt the Services or interfere with another person’s lawful use.

  • Copy or commercially exploit website content without authorization, except as permitted by law.

  • Use automated tools to evade access restrictions or security measures.

Agents permitted under Section 14 remain subject to that section.

We may restrict access or suspend an account when reasonably necessary to address violations, fraud, security threats or legal requirements. Such action does not eliminate obligations we already owe concerning purchases, refunds or warranties.

Nothing in these Terms prohibits lawful criticism or honest consumer reviews.

SECTION 14 - AGENTS

14.1 This section applies when you use or enable software or a service to take autonomous or semi-autonomous action on your behalf when accessing or interacting with the Services (an “Agent”).

14.2 An Agent may access the Services only while complying with this section and any applicable access restrictions. An Agent must stop accessing the Services if we request that it do so.

14.3 We may use technical measures to limit whether and how Agents access the Services.

14.4 Agents must:

  • Identify themselves in HTTP/HTTPS requests by including “Agent/[agent name]” in the user agent string.

  • Not conceal or misrepresent their automated nature.

  • Respond truthfully to requests to identify whether an interaction is automated.

  • Not complete or circumvent CAPTCHAs or other measures intended to distinguish automated access from human access.

  • Not circumvent measures intended to block, limit or control access to the Services.

Using an Agent does not remove your responsibility for orders or other actions you authorize, subject to applicable law.

SECTION 15 - TERMINATION

You may stop using the Services at any time.

We may suspend or terminate access when reasonably necessary because of a breach of these Terms, a security concern, suspected fraud, a legal requirement or discontinuation of the Services.

Termination does not cancel rights or obligations arising from an existing purchase, including payment obligations, refunds, trial rights and warranty coverage.

Provisions that by their nature should continue after termination remain effective, including applicable intellectual property licenses, limitations of liability, indemnification, governing law and dispute provisions.

SECTION 16 - PRODUCT WARRANTIES AND WEBSITE AVAILABILITY

Our new TORNADO blender includes a 5-Year Limited Warranty for the motor base. An optional $50 extension provides the same coverage for a total of 10 years from the original purchase date. The extension may be purchased with the blender or within 60 days of the original purchase date.

Warranty periods run from the original purchase date and do not restart after transfer or repair.

The household limited warranty covers defects in materials or workmanship and wear and tear from normal household use. Covered repairs include parts, labor and return shipping. The customer pays shipping to send the blender to our service facility in Las Vegas, Nevada.

The blending container and commercial use are excluded. Other exclusions include misuse, accidents, water damage, cosmetic changes that do not affect performance, and modifications or repairs that cause or contribute to the failure.

The limited warranty is transferable. Proof of purchase and the product serial number are required for a claim. See our Warranty page and the complete written warranty for coverage, exclusions and claim instructions.

Nothing in these Terms reduces the applicable written warranty, our advertised 30-day trial, or any rights or remedies under applicable law. An exclusion from our voluntary warranty does not eliminate statutory rights.

We offer separately priced spare parts and repair services after warranty coverage ends, subject to availability and an agreed service quote.

The website and optional online tools are provided on an “as available” basis. We do not guarantee uninterrupted or error-free website access. This website availability disclaimer does not disclaim product warranties, implied warranties, accurate product descriptions or obligations under applicable consumer law.

SECTION 17 - LIMITATION OF LIABILITY

To the extent permitted by applicable law, we are not liable for indirect or consequential losses, such as lost business profits, arising from use of the Services or our products.

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, personal injury caused by a defective product, or any liability that cannot lawfully be excluded or limited.

These Terms do not limit your rights to refunds, warranty remedies or other mandatory consumer remedies. Where applicable law does not permit a limitation, it does not apply to you.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless DirectStoreUSA.com LLC, Shopify and their respective officers, employees and service providers against third-party claims and reasonable associated costs caused by your unlawful or intentionally harmful use of the Services, infringement of third-party rights, or material breach of these Terms.

This obligation does not require you to indemnify a party for that party’s own negligence, misconduct or breach of law.

We will notify you of a claim for which we seek indemnification. A delay in notice does not relieve you of an obligation unless it materially prejudices your ability to respond.

Any defense arrangements and costs must be reasonable. No settlement may impose an admission of fault or a non-monetary obligation on you without your consent.

SECTION 19 - SEVERABILITY

If a provision of these Terms is found unlawful or unenforceable, it will apply only to the extent lawfully permitted or will be severed if necessary. The remaining provisions will continue in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

A failure to enforce a provision of these Terms does not waive the right to enforce it later.

These Terms, the policies referenced here and any specific terms agreed for your purchase form the agreement governing your use of the Services and purchases from us.

If these Terms conflict with a specific written product warranty or the return policy applicable to your purchase, that specific policy controls for that subject. Mandatory consumer law takes precedence.

Nothing in this section excludes liability for misleading statements or removes rights that cannot lawfully be excluded.

SECTION 21 - ASSIGNMENT

You may not transfer your account or obligations under these Terms without our consent. This does not restrict transfer of our transferable product warranty or any rights you may transfer under applicable law.

We may transfer these Terms in connection with a business sale, reorganization or other lawful transfer, provided this does not reduce rights attached to an existing purchase. We will provide notice where required by applicable law.

SECTION 22 - GOVERNING LAW

These Terms are governed by the laws of the State of Nevada and applicable United States federal law, without regard to conflict-of-law principles.

Subject to any mandatory rights to bring proceedings elsewhere, disputes may be brought in courts of competent jurisdiction in Clark County, Nevada.

Nothing in this section deprives a consumer of mandatory protections or jurisdictional rights under applicable law.

SECTION 23 - HEADINGS

Headings are provided for convenience and do not change the meaning or effect of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

The current version of these Terms is available on this page.

We may update these Terms to reflect changes in our Services, business practices or legal requirements. We will provide notice of material changes as required by applicable law and identify when those changes take effect.

Your continued use of the Services after updated Terms take effect constitutes acceptance to the extent permitted by applicable law.

Changes do not retroactively reduce the warranty, trial, refund or other contractual rights attached to an earlier purchase.

SECTION 25 - CONTACT INFORMATION

DirectStoreUSA.com LLC, doing business as TORNADO Blender Company

Website: https://tornadoblender.com

Email: info@tornadoblender.com

Call or text: +1 702-609-9696

Mailing address:
3726 Las Vegas Boulevard South, Unit 1810
Las Vegas, NV 89158
United States

Please contact us for return or repair instructions before sending a product. The mailing address above is not a return authorization.