Overview
a. This website is owned and operated by Tommy's Toys and Treasures ("Tommy's Toys and Treasures," "Company," "we," "us," or "our"). The Company provides this website, including all information, content, features, tools, products, and services made available through the website (collectively, the "Services"), subject to your acceptance of and compliance with these Terms of Service, as well as any other policies, terms, conditions, and notices referenced herein or otherwise made available on the website.
b .By accessing, browsing, or otherwise using this website, including purchasing any products or services through the website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (the "Terms"). These Terms apply to all users of the website, including without limitation visitors, customers, merchants, vendors, and contributors of content.
c. You should carefully review these Terms before accessing or using any part of the website. If you do not agree to these Terms in their entirety, you must not access or use the website or any Services provided through it. To the extent these Terms are deemed an offer, acceptance is expressly limited to these Terms.
d. Any new features, functionality, tools, products, or services added to the website from time to time shall also be subject to these Terms. The most current version of the Terms will be posted on this page and may be reviewed at any time. We reserve the right, in our sole discretion, to modify, amend, update, or replace any portion of these Terms by posting revised Terms on the website. It is your responsibility to review these Terms periodically for changes. Your continued access to or use of the website following the posting of any modifications constitutes your acceptance of those modifications.
e. The Company's online store is hosted by Shopify Inc., which provides the e-commerce platform and related technology that enable us to offer and sell our products and services through the website.
Online Store Rules
By accessing or using the Services, you represent and warrant that you have reached the age of majority in your jurisdiction of residence and possess the legal capacity to enter into a binding agreement. If you have reached the age of majority and permit a minor dependent under your care to access or use the Services, you represent and warrant that you have provided the necessary consent and agree to assume full responsibility for such dependent's use of the Services.
You agree not to use the Services, including any products purchased through the website, for any unlawful, fraudulent, unauthorized, or prohibited purpose. You further agree not to violate any applicable federal, provincial, state, local, or international laws, regulations, ordinances, or third-party rights, including, without limitation, intellectual property and copyright laws.
You shall not upload, transmit, distribute, or otherwise introduce any malicious code, viruses, worms, Trojan horses, malware, ransomware, or any other software, code, or technology designed to disrupt, damage, interfere with, or gain unauthorized access to any system, network, data, or functionality associated with the Services.
Any violation of these Terms, including any breach of the representations, warranties, or obligations set forth herein, may result in the immediate suspension or termination of your access to and use of the Services, without prior notice and in addition to any other rights or remedies available to the Company at law or in equity.
Overall Rules
We reserve the right, in our sole and absolute discretion, to refuse, suspend, restrict, or terminate access to the Services, in whole or in part, to any person or entity, at any time and for any reason, with or without notice, to the fullest extent permitted by applicable law.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services solely for their intended purposes. Except as expressly authorized by us in writing, you shall not, directly or indirectly, reproduce, duplicate, copy, modify, distribute, display, publish, license, sell, resell, lease, sublicense, exploit, or otherwise commercially use any portion of the Services, any content made available through the Services, any access to the Services, or any contact information, data, materials, or resources obtained through the website.
Any unauthorized use of the Services or the content made available through the Services constitutes a material breach of these Terms and may result in the immediate suspension or termination of your access rights, in addition to any other remedies available to us under applicable law.
Currency of Product Information
The information, content, materials, and other resources made available through this website are provided for general informational purposes only. While we endeavor to maintain accurate and up-to-date information, we make no representations, warranties, or guarantees, whether express or implied, regarding the accuracy, completeness, reliability, suitability, timeliness, or availability of any information contained on the website.
You acknowledge and agree that any reliance upon the information provided on this website is solely at your own risk. The content made available through the website should not be relied upon as the sole basis for making personal, business, financial, legal, or other decisions. Before taking or refraining from any action based on information obtained from this website, you should consult primary, authoritative, or otherwise more complete and current sources of information as appropriate.
This website may contain historical, archived, or otherwise dated information. Such information is provided solely for reference and informational purposes and may not reflect current circumstances, products, services, policies, or practices. We do not undertake any obligation to update, revise, correct, or supplement historical information contained on the website.
We reserve the right, at any time and in our sole discretion, to modify, remove, suspend, or update any content, materials, products, services, or features available on the website without prior notice. However, except where required by applicable law, we assume no obligation to update, amend, or clarify information on the website. You acknowledge and agree that it is your responsibility to review the website periodically and remain informed of any changes to its content, features, policies, or terms.
Currency of Product Price
All prices displayed on the website, including prices for products, services, shipping, and any related fees or charges, are subject to change at any time and without prior notice. We reserve the right to correct pricing errors, inaccuracies, or omissions, even after an order has been submitted or accepted, to the extent permitted by applicable law.
We further reserve the right, in our sole and absolute discretion, at any time and without prior notice, to modify, suspend, restrict, discontinue, or remove the Services, or any portion thereof, including any products, services, features, functionality, content, or offerings made available through the website.
To the fullest extent permitted by applicable law, we shall not be liable to you or to any third party for any loss, damage, cost, expense, liability, or claim arising out of or relating to any modification, price adjustment, suspension, interruption, restriction, or discontinuance of the Services, or any part thereof. Your continued use of the Services following any such modification constitutes your acceptance of the modified Services and any applicable changes.
Product Availability
Certain products or services offered through the website may be available exclusively online and may be offered in limited quantities. Such products and services are subject to availability and may be returned or exchanged only in accordance with our applicable Return Policy, as amended from time to time.
We make reasonable efforts to display the colors, images, descriptions, specifications, and other attributes of our products as accurately as possible. However, we do not represent, warrant, or guarantee that the display of any product on your computer, mobile device, or other electronic display will accurately reflect the actual appearance, color, size, texture, or characteristics of the product. Variations may occur due to differences in display settings, device capabilities, lighting conditions, and other factors beyond our control.
We reserve the right, but assume no obligation, to limit, restrict, refuse, or cancel the sale of any product or service to any individual, entity, geographic region, jurisdiction, or market, to the extent permitted by applicable law. Such determinations may be made on a case-by-case basis and in our sole and absolute discretion. We further reserve the right to limit order quantities, restrict purchase volumes, or impose other purchasing conditions with respect to any product or service.
All product descriptions, specifications, availability information, promotional materials, and pricing are subject to change, correction, or discontinuance at any time and without prior notice, in our sole discretion. We reserve the right to discontinue, withdraw, or modify any product or service offered through the website at any time. Any offer, promotion, or sale made through the website is void where prohibited by law.
To the fullest extent permitted by applicable law, all products, services, content, information, and materials made available through the website are provided on an "as is" and "as available" basis. We do not represent or warrant that any product, service, information, or other material purchased or obtained through the website will meet your requirements, expectations, or intended purposes. Furthermore, we do not warrant that the Services will be uninterrupted, secure, error-free, or free from defects, nor do we warrant that any errors, inaccuracies, or defects in the Services will be identified or corrected.
Except as expressly required by applicable law or expressly stated in a separate written warranty provided by us, we disclaim all representations, warranties, and conditions of any kind, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quality, durability, or performance.
Account and Billing Information
All orders submitted through the website are subject to our review and acceptance. We reserve the right, in our sole and absolute discretion and to the fullest extent permitted by applicable law, to refuse, reject, limit, modify, or cancel any order for any reason, including, without limitation, concerns relating to product availability, pricing errors, suspected fraud, unauthorized transactions, violations of these Terms, or other circumstances that we deem appropriate.
Without limiting the foregoing, we may impose restrictions on quantities purchased per individual, household, customer account, payment method, billing address, shipping address, or order. Such restrictions may apply to multiple orders that appear to be associated with the same customer, account, credit card, payment instrument, billing address, shipping address, internet protocol (IP) address, or other identifying information.
If we modify, restrict, refuse, or cancel an order, we may, but shall have no obligation to, provide notice to you using the email address, telephone number, billing address, or other contact information provided at the time the order was placed. We reserve the right to limit, restrict, refuse, or prohibit orders that, in our sole judgment, appear to be placed by dealers, wholesalers, resellers, distributors, exporters, or other parties purchasing products for commercial resale or redistribution purposes.
You represent and warrant that all information provided in connection with any purchase, account registration, or transaction conducted through the website is current, accurate, complete, and truthful. You agree to maintain and promptly update your account information, including your name, contact information, billing information, shipping information, payment card details, and payment card expiration dates, as necessary to ensure the successful processing of transactions and our ability to communicate with you regarding your orders, account, or use of the Services.
You acknowledge that we may rely upon the information you provide and that we shall not be responsible for any delays, failed transactions, order cancellations, delivery issues, or other consequences resulting from inaccurate, incomplete, outdated, or misleading information supplied by you.
User Submissions
Any comments, feedback, suggestions, ideas, proposals, concepts, plans, contest entries, reviews, testimonials, or other materials or information submitted, posted, transmitted, or otherwise provided by you to us, whether requested by us or voluntarily provided by you, and whether communicated electronically, by mail, through the website, or by any other means (collectively, "Submissions"), shall be deemed non-confidential and non-proprietary unless otherwise expressly agreed in writing.
By submitting any Submission, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable, and unrestricted right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, display, perform, create derivative works from, and otherwise exploit such Submission, in whole or in part, in any manner and through any media or technology now known or hereafter developed, for any lawful purpose, without notice, attribution, approval, or compensation to you.
You acknowledge and agree that we shall have no obligation to: (a) maintain any Submission in confidence; (b) compensate you for any Submission; (c) acknowledge receipt of any Submission; or (d) respond to, review, or act upon any Submission.
We reserve the right, but assume no obligation, to monitor, review, screen, edit, refuse, remove, disable access to, or otherwise moderate any Submission or other content made available through the Services. We may take such action at any time and in our sole and absolute discretion if we determine that the content is unlawful, fraudulent, misleading, defamatory, libelous, threatening, harassing, abusive, hateful, obscene, pornographic, invasive of privacy, infringing of intellectual property rights, otherwise objectionable, or in violation of these Terms or applicable law.
You represent, warrant, and covenant that:
(a) you own or otherwise possess all necessary rights, licenses, consents, and permissions required to submit and authorize our use of the Submission;
(b) your Submission does not and will not infringe, misappropriate, or otherwise violate any copyright, trademark, patent, trade secret, moral right, privacy right, publicity right, contractual right, or other intellectual property or proprietary right of any third party;
(c) your Submission does not contain any unlawful, defamatory, libelous, fraudulent, misleading, abusive, harassing, threatening, obscene, or otherwise objectionable content;
(d) your Submission does not contain any viruses, malware, malicious code, Trojan horses, worms, ransomware, spyware, or other harmful or disruptive technologies;
(e) you will not impersonate any person or entity, misrepresent your identity or affiliation, use a false email address, or otherwise mislead us or any third party regarding the origin of any Submission; and
(f) all information contained within your Submission is accurate and not knowingly false or misleading.
You acknowledge and agree that you are solely responsible for all Submissions that you provide, including their content, legality, reliability, and accuracy. To the fullest extent permitted by applicable law, we disclaim all responsibility and liability for any Submissions posted, transmitted, or otherwise made available by you or any third party, and we shall not be liable for any loss or damage arising from or relating to such Submissions.
We reserve all rights and remedies available at law or in equity with respect to any Submission that violates these Terms or applicable law.
Idemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Tommy's Toys and Treasures, together with its parent companies, subsidiaries, affiliates, successors, assigns, partners, licensors, service providers, contractors, subcontractors, suppliers, officers, directors, shareholders, members, managers, employees, agents, representatives, and other related parties (collectively, the "Indemnified Parties"), from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses of any kind whatsoever, including reasonable attorneys' fees and legal costs, arising out of, relating to, or resulting from:
(a) your access to, use of, or misuse of the Services;
(b) your breach or alleged breach of these Terms, including any policies, agreements, or documents incorporated herein by reference;
(c) your violation of any applicable law, regulation, ordinance, or governmental requirement;
(d) your infringement, misappropriation, or violation of any intellectual property, privacy, publicity, contractual, proprietary, or other rights of any third party;
(e) any content, information, materials, submissions, reviews, comments, or other data provided, posted, transmitted, or otherwise made available by you through the Services; or
(f) any fraudulent, negligent, willful, or otherwise wrongful act or omission by you.
We reserve the right, at our own expense and in our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with our defense of such matter and shall not settle any claim or proceeding without our prior written consent.
The indemnification obligations set forth in this section shall survive the termination or expiration of these Terms and your use of the Services.
Severability
If any provision, term, condition, or portion of these Terms is determined by a court of competent jurisdiction or other applicable legal authority to be invalid, illegal, void, or unenforceable for any reason, such provision shall be construed, limited, or modified to the minimum extent necessary to render it valid and enforceable to the fullest extent permitted by applicable law.
If such provision cannot be so construed, limited, or modified, the invalid, illegal, void, or unenforceable portion shall be deemed severed from these Terms and shall not affect, impair, or invalidate the remaining provisions. All remaining provisions of these Terms shall remain in full force and effect and shall continue to be valid, binding, and enforceable in accordance with their respective terms.
The parties acknowledge and agree that the intent of this Severability provision is to preserve and enforce the maximum lawful effect of these Terms to the fullest extent permitted by applicable law.
Termination
All obligations and liabilities of the parties that have accrued or arisen prior to the effective date of termination or expiration of these Terms shall survive such termination or expiration for all purposes and shall remain enforceable to the fullest extent permitted by applicable law.
These Terms of Service shall remain in full force and effect unless and until terminated by either you or us in accordance with the provisions set forth herein. You may terminate these Terms at any time by discontinuing use of the Services and, where applicable, providing notice to us of your intent to cease use of the Services.
We reserve the right, in our sole and absolute discretion, to suspend, restrict, or terminate your access to the Services, or any portion thereof, at any time, with or without notice, if we determine or reasonably suspect that you have breached, violated, or acted inconsistently with any provision of these Terms or any applicable law, regulation, or policy.
Upon termination, you shall remain responsible for all fees, charges, and other amounts accrued or incurred up to and including the effective date of termination. We may, in addition, immediately suspend or permanently revoke your access to the Services, without prior notice or liability to you, to the fullest extent permitted by applicable law.
Termination of these Terms shall not limit or affect any rights or remedies available to us under applicable law or equity.
Entire Agreement
The failure of the Company to exercise, enforce, or insist upon strict performance of any right, remedy, condition, or provision of these Terms shall not operate as, or be construed as, a waiver of such right, remedy, condition, or provision, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, remedy, condition, or provision.
These Terms of Service, together with any policies, guidelines, rules, or operating procedures posted by us on the website or otherwise made available in connection with the Services, constitute the entire agreement between you and the Company with respect to your access to and use of the Services. They supersede and replace all prior or contemporaneous understandings, agreements, communications, negotiations, representations, and proposals, whether oral or written, between you and us, including any prior versions of these Terms.
You acknowledge and agree that these Terms shall be interpreted fairly in accordance with their plain meaning and shall not be construed strictly for or against either party on the basis that such party drafted or was responsible for drafting any provision. Accordingly, any rule of construction or interpretation that ambiguities are to be resolved against the drafting party is expressly waived to the fullest extent permitted by applicable law.
Change to Terms and Conditions
The most current version of these Terms of Service may be reviewed at any time on this page.
We reserve the right, in our sole and absolute discretion, to amend, modify, update, replace, or otherwise revise any portion of these Terms of Service at any time by posting the updated Terms on the website or otherwise making them available through the Services. Such changes shall be effective immediately upon posting unless otherwise stated.
It is your responsibility to review these Terms periodically to remain informed of any updates or modifications. Your continued access to or use of the website or Services following the posting of any changes constitutes your binding acceptance of such changes.
Nothing in this section shall limit our right to make changes required by applicable law or to address urgent security, technical, or operational issues without prior notice where reasonably necessary.
For any further questions, please don't hesitate to contact us.