Terms & Conditions
Last Updated: September 20, 2024
Welcome to 123Toys (“we,” “us,” or “our”). These Terms of Service (“Agreement”) govern your use of our website (the “Site”) and the services we offer, including any purchases made through the Site. By accessing or using the Site, you agree to comply with and be bound by this Agreement. We encourage you to read the following terms carefully and contact us with any questions or concerns.
If you do not agree with any part of this Agreement, you should not use the Site or purchase any of our products. We are here to provide an exceptional experience, and these terms help us maintain that standard.
1. General Terms and Conditions of Use
1.1 Acceptance of Terms
By visiting our Site or purchasing products from 123Toys, you confirm that you have read, understood, and agree to be bound by these Terms of Service. This Agreement applies to all users of the Site, including visitors, registered account holders, and anyone making a purchase. Whether you’re browsing, shopping, or registering, you are expected to adhere to these terms.
We may update or modify these Terms from time to time, and your continued use of the Site following any changes signifies your acceptance of the revised terms. We will always notify you of any significant changes via email or a prominent notice on the Site, giving you the opportunity to review the updated Terms before they go into effect.
1.2 Eligibility
To use our Site or make purchases, you must be at least 18 years of age or older. If you are under 18, you may use the Site only under the supervision of a parent or legal guardian who agrees to these Terms. By using the Site, you represent that you have the legal authority to form a binding contract with us and that you meet these eligibility requirements.
If you are registering on behalf of a company or organization, you represent that you have the authority to bind that entity to this Agreement. If you do not have such authority, you may not register or use the Site on behalf of the entity.
1.3 License to Use the Site
We are pleased to grant you a limited, non-exclusive, non-transferable, and revocable license to access and make personal use of the Site. This license does not permit you to download (other than page caching) or modify the Site, or any portion of it, without our express written consent. This license excludes any resale or commercial use of the Site or its contents, any derivative use of the Site or its contents, or any use of data mining, robots, or similar data gathering and extraction tools. Unauthorized use terminates the permission or license granted by us.
We reserve the right to refuse service, terminate accounts, and remove or edit content at our sole discretion if we believe that users are violating the terms of this Agreement or applicable laws.
2. Intellectual Property and Site Content
2.1 Ownership of Content
All content on this Site, including text, graphics, logos, images, button icons, audio clips, video clips, data compilations, and software (collectively, the “Content”), is the property of [Your Store Name] or our licensors and is protected by intellectual property laws, including copyright and trademark laws. The Content is provided solely for your personal use and may not be used, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written consent.
We are committed to protecting the creative and technical efforts that go into making our Site a valuable resource. This includes all trademarks, service marks, and trade names displayed on the Site. Unauthorized use of any of our Content is strictly prohibited and may violate applicable laws.
2.2 User-Generated Content
You may have the opportunity to submit reviews, comments, photos, or other content to the Site (“User Content”). By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You also grant us and our sublicensees the right to use the name that you submit in connection with such content.
We encourage user feedback and value your contributions to our community. However, you are solely responsible for ensuring that your User Content does not violate any rights of third parties, including intellectual property rights, and is not obscene, defamatory, threatening, or otherwise objectionable. We reserve the right (but not the obligation) to remove or edit User Content at our discretion.
2.3 Restrictions on Use
You are prohibited from engaging in any of the following activities while using the Site:
- Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of the Site for commercial purposes without our express written consent.
- Misusing the Site by introducing viruses, trojans, worms, logic bombs, or other harmful material.
- Attempting to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer, or database connected to our Site.
- Using the Site for any unlawful purpose or to solicit the performance of any illegal activity or other activity that infringes the rights of 123Toys or others.
If we determine that your use of the Site violates any of the aforementioned restrictions, we reserve the right to pursue any legal remedy available to us under applicable law.
3. Accounts and Registration
3.1 Creating and Managing Your Account
In order to purchase products or access certain features of the Site, you may be required to create an account. When you create an account with 123Toys, you agree to provide true, accurate, and complete information. You are responsible for maintaining the confidentiality of your account credentials, and you agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We respect your privacy and take all reasonable steps to protect your personal information. Please see our Privacy Policy for more information on how we handle your personal data. It is your responsibility to ensure that your account information is up-to-date and accurate. You may not transfer or assign your account without our prior written consent.
3.2 Account Security
You are solely responsible for any activity that occurs under your account. We strongly encourage you to choose a secure password and keep your login details confidential. We cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
If you believe your account has been compromised, you must contact us immediately so we can take steps to protect your account and the security of our systems. We reserve the right to take action, including suspension or termination of your account, if we detect suspicious or unauthorized activity.
3.3 Termination of Account
We reserve the right to terminate or suspend your account at any time for any reason, including but not limited to violations of this Agreement or other Site policies. Upon termination, your right to use the Site will immediately cease, and we may deactivate your account and delete any associated data. If you wish to terminate your account, you may do so at any time by contacting us at 123Toys.
4. Product Information, Pricing, and Availability
4.1 Accuracy of Product Descriptions
At 123Toys, we strive to provide accurate and up-to-date information about the products we offer. However, we cannot guarantee that the descriptions, images, pricing, availability, or other content related to our products are free from errors. We reserve the right to correct any errors or inaccuracies at any time without prior notice, including after you have placed an order.
If a product you receive does not match the description on the Site, your sole remedy is to return the product in accordance with our return policy (see Section 7).
4.2 Product Availability
All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to limit the quantity of products available for purchase and to discontinue products at any time, without prior notice. In the event that a product you ordered becomes unavailable, we will notify you promptly and offer you a refund or substitute product, if available.
We are committed to ensuring that your shopping experience is as smooth as possible. While we make every effort to keep our inventory updated, availability may fluctuate based on demand, and delays can occasionally occur. We appreciate your understanding and patience.
4.3 Pricing Policy
The prices for our products are displayed in U.S. dollars and exclude any applicable taxes, shipping fees, or other charges, unless otherwise specified. Prices and promotions may be subject to change without notice. While we strive to ensure that pricing is accurate, errors may occur. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price and will notify you accordingly.
We value transparency in our pricing and strive to offer competitive prices for all of our products. If you have any questions or concerns about the pricing of a particular item, please don’t hesitate to contact our customer support team.
4.4 Promotions and Discounts
From time to time, we may offer promotional discounts, coupons, or sales events. These offers are subject to specific terms and conditions, which will be communicated clearly on the Site or via email. Promotions are valid only for the specified duration and may be subject to product or quantity limitations. We reserve the right to modify or cancel promotions at any time without notice.
To ensure fairness, promotional offers cannot be applied to previous purchases or combined with other discounts unless explicitly stated. We encourage you to review the terms of each promotion carefully and reach out to our team if you have any questions.
5. Payments and Billing
5.1 Accepted Payment Methods
We accept various payment methods, including major credit cards, debit cards, and other secure payment options listed at checkout. By providing your payment information, you authorize us to charge the full amount of your order to your selected payment method. All payments are processed securely through third-party payment processors, and we do not store your credit card information.
We prioritize the security of your transactions and work with trusted payment providers to ensure your financial data is handled with the highest level of encryption. If you encounter any issues with your payment, please contact us promptly for assistance.
5.2 Payment Authorization and Verification
When you place an order, your payment method will be authorized and charged for the total amount of the purchase, including applicable taxes and shipping fees. In some cases, we may require additional verification or information before completing the transaction. We reserve the right to cancel any order that we believe to be fraudulent or placed with false information.
If we encounter any issues processing your payment, we will notify you immediately and work with you to resolve the issue. Our goal is to ensure that all orders are processed securely and efficiently.
5.3 Taxes and Additional Fees
You are responsible for paying all applicable sales taxes, use taxes, and any other fees that may apply to your purchase based on your shipping address or jurisdiction. These taxes and fees will be calculated at checkout, and we are required to collect and remit taxes in certain states. You agree to comply with all tax obligations associated with your purchase.
If you have any questions about how taxes are calculated for your order, please reach out to our customer support team for further clarification.
5.4 Order Cancellations and Modifications
We understand that sometimes changes to an order are necessary. If you need to cancel or modify your order, please contact us as soon as possible. We will do our best to accommodate your request, but once an order has been processed or shipped, we may be unable to make changes. If we are unable to cancel or modify your order, our return policy will apply (see Section 7).
6. Shipping, Delivery, and Risk of Loss
6.1 Shipping Policy
We are committed to delivering your order in a timely manner. Shipping options and costs will be calculated at checkout based on your shipping address and the selected delivery method. We offer standard and expedited shipping options within the United States. Please note that delivery times are estimates and may vary depending on your location and the shipping carrier.
We strive to process and ship orders as quickly as possible, typically within the same day (business days) your payment is confirmed. You will receive a confirmation email with tracking information once your order has been shipped. We encourage you to monitor the tracking details to stay informed about the status of your delivery.
6.2 Risk of Loss and Title Transfer
Once we hand your order over to the shipping carrier, the risk of loss or damage passes to you. 123Toys is not responsible for any loss, theft, or damage that occurs during transit. If your package is lost or damaged after shipping, we recommend contacting the carrier directly to file a claim.
If you encounter any issues with the delivery of your order, our customer support team is here to assist you. Please contact us within seven days of the expected delivery date to report any delivery problems.
6.3 International Shipping
At this time, we only offer shipping within the United States. We do not currently ship to international destinations. If you are located outside the U.S. and would like to inquire about potential shipping options, please contact us. While we do not currently accommodate international orders, we are continually evaluating ways to improve our service and may expand shipping options in the future.
6.4 Delivery Delays
Although we strive to meet the delivery estimates provided at checkout, we are not responsible for delays caused by unforeseen circumstances, such as weather events, carrier delays, or customs issues. In the event of a significant delay, we will work with you to provide updates on your order and discuss potential options, including reshipment or refunds, if necessary.
7. Returns, Refunds, and Exchanges
7.1 Return Policy – All Sales Are Final
We take pride in the quality of our products and work hard to ensure customer satisfaction. However, due to the nature of our products, all sales are final, and we do not accept returns, refunds, or exchanges unless the product is defective or damaged upon arrival. We ask that you review your order carefully before completing your purchase.
7.2 Defective or Damaged Products
If you receive a defective or damaged product, please notify us within 5 days of delivery by emailing [email protected] or contacting us through our customer support page. You will be asked to provide photos of the damaged or defective item, along with your order details. Upon review, we will offer a replacement or store credit at our discretion.
7.3 Return Authorization
If your return is authorized due to a defective product, we will provide instructions for returning the item. Please note that unauthorized returns will not be processed. We reserve the right to refuse returns that do not comply with our return policy.
8. Product Use, Warranties, and Safety
8.1 Intended Use of Products
Our products are designed for recreational use and are intended for specific age groups, which are clearly marked on the packaging. It is your responsibility to ensure that the product is suitable for the intended user, particularly when the product is being purchased for a child.
We ask that you take note of all warnings and safety instructions provided with the product. If you have any questions about the use or safety of a product, please reach out to us before making a purchase.
8.2 Safety Instructions
For the safety of all users, you agree to follow all safety instructions and warnings included with our products. We cannot be held responsible for injuries, damages, or losses resulting from the improper use of our products or failure to follow safety guidelines.
We want to ensure that every customer has a safe and enjoyable experience. If you have any questions or concerns about the proper use of a product, please don’t hesitate to contact us.
8.3 Disclaimer of Warranties
Except as expressly provided, all products are provided “as is” and “as available,” without warranties of any kind, either express or implied. We disclaim any warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from the course of performance or usage of trade.
We do not guarantee that the Site or our products will be free from errors, viruses, or harmful components, and we disclaim all liability for any harm caused by such occurrences.
9. Email Subscription and Marketing Communications
9.1 Opt-In Consent for Email Communications
When you provide your email address to 123Toys by creating an account, making a purchase, or signing up for our newsletter, you consent to receiving periodic email communications from us. These emails may include updates about your order, shipping notifications, exclusive offers, promotions, product launches, and other marketing content that we think you’ll enjoy.
We are committed to sending relevant and timely emails, and we respect your privacy preferences. If at any time you decide that you no longer wish to receive marketing emails from us, you can easily opt out.
9.2 Managing Email Preferences and Unsubscribing
You may unsubscribe from our marketing emails at any time by clicking the “unsubscribe” link included in the footer of every email we send. Alternatively, you can update your email preferences through your account settings or by contacting us at [email protected]. Even after unsubscribing from promotional emails, you will continue to receive transactional emails, such as order confirmations, shipping notifications, and other communications related to your transactions with us.
We aim to make managing your email preferences as easy as possible and encourage you to reach out to us if you have any questions or concerns about our email communications.
9.3 Compliance with Email Marketing Laws
We take your privacy seriously and comply with applicable laws, including the CAN-SPAM Act, which governs the sending of marketing emails. Our emails will always include clear sender information and instructions on how to opt out of future communications.
We are committed to ensuring that our email communications provide value to our customers and are respectful of your privacy choices. Please review our Privacy Policy for more details on how we handle your personal information.
10. Limitation of Liability
10.1 Disclaimer of Warranties
123Toys strives to ensure that the Site and our products meet high-quality standards, but we make no representations or warranties of any kind regarding the Site, its content, or the products sold. The Site, products, and services are provided “as is” and “as available.” We do not guarantee that the Site will operate uninterrupted or error-free, or that any defects will be corrected.
We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.2 Limitation of Liability
To the fullest extent permitted by law, 123Toys and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of your use of the Site, purchase of products, or reliance on any information provided on the Site. In no event will our total liability exceed the amount paid by you for the product that is the subject of the claim.
Certain jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. If any part of this limitation of liability is found to be unenforceable, our liability will be limited to the fullest extent permitted by law.
10.3 Indemnification
You agree to indemnify and hold harmless 123Toys, its affiliates, officers, directors, employees, agents, and suppliers from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of this Agreement, or your violation of any third-party rights.
We are committed to providing a secure and enjoyable shopping experience for all customers, and we take any violation of these Terms seriously.
11. Dispute Resolution, Governing Law, and Arbitration
11.1 Governing Law
This Agreement is governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to this Agreement or your use of the Site shall be brought exclusively in the courts located in Manteca, California, and you submit to the jurisdiction of such courts.
We encourage open communication and will make every effort to resolve disputes through direct discussion before resorting to legal action.
11.2 Binding Arbitration
In the event that a dispute arises between you and 123Toys relating to this Agreement or your use of the Site, both parties agree to resolve the dispute through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration will take place in Manteca, California, and the decision of the arbitrator will be final and binding.
Arbitration is a more informal way of resolving disputes and often results in a quicker resolution. By agreeing to arbitration, you waive the right to go to court, except for certain limited legal issues.
11.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in class action lawsuits or collective proceedings.
We believe that individual resolution of disputes is the most fair and efficient way to address any issues that may arise.
11.4 Injunctive Relief
We reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or to prevent any unauthorized use of the Site or our products.
12. Privacy and Data Security
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information when you use the Site or make a purchase. By using the Site, you consent to the practices described in the Privacy Policy.
We take reasonable steps to secure your personal information, including the use of encryption and secure data transmission. However, no system is entirely foolproof, and we cannot guarantee the security of your information at all times. If you believe your data has been compromised, please contact us immediately.
13. Miscellaneous Provisions
13.1 Entire Agreement
This Agreement, together with our Privacy Policy and any other legal notices or terms published on the Site, constitutes the entire agreement between you and 123Toys regarding your use of the Site and purchase of products. This Agreement supersedes any prior agreements, communications, or understandings between you and us.
13.2 Severability
If any provision of this Agreement is found to be unlawful, void, or unenforceable, that provision will be severed from this Agreement and will not affect the validity and enforceability of the remaining provisions.
13.3 Assignment
You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign or transfer our rights and obligations under this Agreement at any time without notice to you.
13.4 Waiver
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of our right to enforce that provision in the future. Any waiver of rights must be in writing to be effective.
13.5 Survival of Terms
Any provisions of this Agreement that by their nature should survive termination of this Agreement (including provisions governing intellectual property, limitation of liability, indemnification, and dispute resolution) will survive the termination of this Agreement for any reason.
Contact Us
If you have any questions or concerns regarding these Terms of Service, we are here to help. Please contact us at:
[email protected]
(209) 328 5969
2869 Pixley Ct, Manteca, CA 95337
