Términos del servicio

JUBIE TOYS

STANDARD TERMS AND CONDITIONS OF SALE

 

1. AGREEMENT OF SALE.
(a) This website is owned and operated by Jubie Toys (“Company”). Company offers various products for sale online (“Products”). By purchasing Products, purchaser (“Customer”) agrees to the standard terms and conditions of sale (“Terms and Conditions”) set forth herein.

(b) Any new features or additional Products which are added to the Company’s website shall also be subject to the Terms and Conditions. Customer can review the most current version of the Terms and Conditions at any time on this page. Company reserves the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to this website. It is Customer’s responsibility to check this page periodically for any changes.

(c) Company’s online store is hosted by Shopify Inc., the online ecommerce platform that allows us to sell our Products.


PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING ANY PRODUCTS. BY PURCHASING ANY PRODUCTS, CUSTOMER AGREES TO THESE TERMS AND CONDITIONS AND THEY ARE DEEMED ACCEPTED IN THEIR ENTIRETY. IF CUSTOMER DOES NOT AGREE PLEASE EXIT THE COMPANY’S WEBSITE. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSSLY LIMITED TO THESE TERMS AND CONDITIONS.

2. AGE OF MAJORITY. By agreeing to these Terms and Conditions, Customer represents that Customer is at least the age of majority in Customer’s state or province of residence, or that Customer is the age of majority in Customer’s state or province of residence and Customer has consented to allow any of Customer’s minor dependents to use this site.


3. CUSTOMER INFORMATION. Customer understands that Customer information (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.


4. ACCURACY, DESCRIPTION AND TIMELINESS OF INFORMATION.

(a) Company has made every effort to display as accurately as possible the colors and images of Products that appear at the store. Company cannot guarantee that Customer’s computer monitor’s display of any color will be accurate. Company does not warrant that the quality of any Products purchased by Customer will meet Customer’s expectations, or that any errors in the Company’s website will be corrected.

(b) All descriptions of Products or Products pricing are subject to change at any time without notice, at the sole discretion of Company. Company reserves the right to discontinue any Products at any time. Any offer to sell any Products on the Company’s website is void where prohibited.


(c) Company is 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 Customer’s own risk. The Company’s website may contain certain historical information.


5. MODIFICATIONS OF PRICES. Prices for Products are subject to change without notice. Company reserves the right at any time to modify or discontinue any Products without notice at any time. Company shall not be liable to Customer or to any third party for any modification, price change, suspension or discontinuance of Products.


6. DELIVERY. The date of delivery in the order acceptance or confirmation is an estimated date and Company shall use commercially reasonable efforts to ship within the time promised, but does not guarantee to do so, and assumes no liability for not doing so. Company shall not be responsible for any liability due to any failure or delay in the performance of any order accepted by it, or for damages to the Products during transit.


7. LIMIT OF SALE; RETURN POLICY.

(a) Company reserves the right to refuse any order Customer places with Company. Company reserves the right to limit the sales of Products to any Customer, geographic region or jurisdiction. Company may exercise this right on a case-by-case basis. Company may, in its 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 Company makes a change to or cancels an order, Company may attempt to notify Customer by contacting the email and/or billing address/phone number provided at the time the order was made.

(b) All sales are final. Company does not accept any returns nor refund any purchase after it has been delivered to Customer.


8. ACCURACY OF BILLING AND ACCOUNT INFORMATION. Customer agrees to provide current, complete and accurate purchase and account information for all purchases made at the Company’s online store. Customer agrees to promptly update Customer’s account and other information, including email address and credit card numbers and expiration dates so that Company can complete Customer transactions and contact you as needed.


9. OPTIONAL TOOLS. Company may provide you with access to third-party tools over which Company neither monitors nor has any control nor input. Customer acknowledges and agrees that Company provides access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Company shall have no liability whatsoever arising from or relating to Customer’s use of optional third-party tools. Any use by Customer of optional tools offered through the site is entirely at Customer’s own risk and discretion and Customer should ensure that Customer is familiar with and approves of the terms on which tools are provided by the relevant third-party provider(s). Company may also, in the future, offer new Products through the Company’s website. Such new
Products shall also be subject to these Terms and Conditions.


10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS.

(a) If, at Company’s request, Customer sends certain specific submissions (for example, contest entries), or without a request from Company, Customer sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), Customer agrees that Company may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that Customer forwards to Company. Company is 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.


(b) Company may, but has no obligation to, monitor, edit or remove content that Company determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.


(c) Customer agrees that Customer comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. Customer further agrees that Customer 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 Company website or any related website. Customer 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. Customer is solely responsible for any comments Customer makes and their accuracy. Company takes no responsibility and assumes no liability for any comments posted by Customer or any third party.


11. ERRORS, INACCURACIES AND OMISSIONS. Occasionally there may be information on the Company’s website that contains typographical errors, inaccuracies or omissions that may relate to Products descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Company’s website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Company undertakes no obligation to update, amend or clarify information in the Company’s website or on any related website, including without limitation, pricing information, except as required by law.

12. WARNINGS; PROHIBITED USES; TRADEMARK AND INTELLECUTUAL PROPERTY USE. Customer agrees to follow all instructions and warning labels associated with Products. In addition to other prohibitions as set forth in the Terms and Conditions, Customer is prohibited from using the Company website or any Products: (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 Company’s 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; or (f) to submit false or misleading information.

13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; TRADEMARK AND INTELLECTUAL PROPERTY USE.

(a) Company does not guarantee, represent or warrant that Customer use of the Company’s website will be uninterrupted, timely, secure or error free. Company does not warrant that the results that may be obtained from the use and purchase of Products from the Company’s website will be accurate or reliable. Customer expressly agrees that Customer use of, or inability to use, the Products is at Customer’s sole risk. Any Products purchased and delivered to Customer through the Company’s website is (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. Customer expressly agrees to read and adhere to all safety and warning instructions labeled on and inside Products.


(b) Under no circumstance shall Customer use any of Company’s intellectual property, without prior written consent of Company and a license from Company thereof. COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO CLAIMS OF INFRINGEMENT MADE BY THIRD PARTIES AND ARISING FROM TRADEMARK, PATENT, OR OTHER PROPERTY RIGHTS IN THE PRODUCTS.


14. INDEMNIFICATION. Customer agrees to indemnify, defend and hold harmless Company and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, providers, subcontractors, suppliers, interns and employees harmless from any claims, demands, damages, actions, causes of action, liabilities, fines, penalties, costs or expenses (including reasonable attorneys’ fees) arising out of or related to: (i) the use or misuse of the Products; (ii) breach of these Terms and Conditions or the documents they incorporate by reference; (iii) the negligence or misconduct of Customer; (iv) modifications of the Products by anyone other than Company; or (v) violation of any law. This indemnification shall survive indefinitely and shall inure to the benefit of Company’s successors and assigns.


15. LIMITATIONS ON ACTIONS. No claim or cause of action of Customer arising under the Terms and Conditions may be asserted more than one (1) year after the date on which such claim or cause of action arises regardless of the existence of any statute of limitations to the contrary.

16. SEVERABILITY. In the event that any provision of these Terms and Conditions 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 and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.


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


18. ENTIRE AGREEMENT. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Products constitute the entire agreement and understanding between Company and Customer and govern Customer’s use of the Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between Customer and Company (including, but not limited to, any prior versions of the Terms and Conditions).


19. GOVERNING LAW. These Terms and Conditions shall be governed by the state of Ohio. Any action arising under or relating to these Terms and Conditions shall be brought in the federal or state courts located in Toledo, Ohio.


20. CHANGES TO TERMS AND CONDITIONS. Customer can review the most current version of the Terms and Conditions at any time at this page. Company reserves the right, at its sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to the Company’s website. It is Customer’s responsibility to check the Company’s website periodically for changes. Each such modification shall be binding upon Customer with respect to all purchases occurring after the date of such modification.


Rev. 4/18/2023