Terms and Conditions

OVERVIEW

This website is operated by ToysDynasty. Throughout the site, the terms “we,” “us” and “our” refer to ToysDynasty. ToysDynasty 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 accessing our site and/or purchasing anything from us, you are participating in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms and Conditions”), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or content contributors.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms and Conditions. If you do not agree to all the terms of this agreement, you may not access the site or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools added to the current store are also subject to the Terms and Conditions. You can view the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, modify or replace any part of these Terms and Conditions by posting updates and/or changes on 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 changes constitutes acceptance of those changes.

Our store is hosted on Shopify 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 AND CONDITIONS

By agreeing to these Terms and Conditions, you represent that you are at least of the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and that you have given us your consent to allow minor dependents of yours to use this site.

You may not use our products for illegal or unauthorized purposes, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You may not transmit any worms or viruses or code of a destructive nature.

A violation or breach of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information), may be transmitted unencrypted and may include (a) transmissions across different networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service or any contact on the website through which the Service is provided without express written permission from 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 the information 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, complete or current sources of information. Any reliance on material on this site is at your own risk.

This site may contain certain historical information. Historical information is, by necessity, not current and is provided for your reference only. We reserve the right to change the content 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 - CHANGES TO SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice at any time.

We will not be liable to you or 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 only subject to return or exchange according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products appearing in the store. However, we cannot guarantee that the representation of any color on your computer screen will be accurate.

We reserve the right, but have no obligation, to restrict the sale 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 quantities of any products or Services we offer. Any product descriptions or product prices are subject to change at any time without notice, at our sole discretion. 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 guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that 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, credit card, and/or orders using the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. 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 in 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 information, please review our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control or 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 will not have any liability arising out of or related to your use of optional third-party tools.

Any use by you of optional tools provided through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms and conditions upon which tools are provided by the relevant third party vendor(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 will also be subject to these Terms and Conditions.

SECTION 8 - THIRD PARTY LINKS

Certain content, products and services available through 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 third party materials, products or services.

We are not liable for any damages or losses related to the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party websites. Please carefully review the policies and practices of third parties and make sure you understand them before entering into 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 you send certain specific submissions at our request (e.g. contest entries) or send creative ideas, suggestions, proposals, plans or other materials without a request from us, whether online, via email, by mail or otherwise (collectively, “Comments”), you agree that we may at any time, without limitation, edit, copy, publish, distribute, translate and otherwise use any Comments you transmit to us in any medium. We are not and will not be required (1) to keep comments confidential; (2) to pay compensation for comments; or (3) to respond to comments.

We may, but have no obligation to, monitor, edit or remove content that we, in our sole discretion, find unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable or in violation of any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any third party right, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain any defamatory or otherwise unlawful, offensive or obscene material, or contain any computer worms or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email 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 the accuracy of any comments you make. We take no responsibility and assume no liability for 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. Please review 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, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct 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 notice (including after you submit your order).

We assume no obligation to update, modify or clarify any 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 construed as indicating that any information in the Service or on any related website has been changed or updated.

SECTION 12 - PROHIBITED USES.

In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its contents: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, belittle, intimidate or discriminate on the basis of 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 manner that affects the functionality or operation of the Service or 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 obscene or immoral purposes; 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 violation of any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant, represent or guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results that may be obtained from use of the Service will be accurate or reliable.

You agree that we may from time to time remove the Service indefinitely 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 own risk. The Service and all products and services provided to you through the Service are provided (except as expressly stated by us) “as is” and “as available” for your use without any representation, warranties or conditions of any kind, 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 event shall ToysDynasty, 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 revenues, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the Service or any products purchased 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 using the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold ToysDynasty 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 and Conditions 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 General Terms and Conditions is deemed unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these General Terms and Conditions, such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties accrued prior to the termination date shall continue in effect for all purposes after the termination of this Agreement.

These Terms and Conditions are effective unless and until terminated by you or us. You may terminate these Terms and Conditions at any time by letting us know that you no longer wish to use our Services, or when you stop using our site.

If in our sole discretion we suspect that you have failed, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may also 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 you may be denied access to our Services (or any part thereof) accordingly.

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions will not be construed against the drafting party.

SECTION 18 - APPLICABLE LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.

SECTION 19 - CHANGES TO THE TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions by posting updates and changes on 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 after the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].