Terms and conditions of use

Toy Essentials Terms and Conditions

Thank you for visiting Toy Essentials! Please read these terms and ordering information carefully. You should find the order information particularly useful to answer most general questions about how we do business. If you have any questions, first review our FAQs and if you don't find an answer to your question there you contact us directly.

Terms of Use

By using ToyEssentials.net (“the website”), you agree to the terms of our policy. Toy Essentials maintains the website for your personal entertainment, information, education, and communication. You may download material displayed on the website for non-commercial; personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not however, distribute, modify, transmit, reuse, re-post, or use the contents of the website, including but not limited to, the text, images, audio and video for public or commercial purposes without the prior written consent of Toy Essentials. By accessing and browsing the website, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and Toy Essentials relating to your use of the website are superseded and of no force or effect.

You should assume that everything you see or read on the website is copyrighted and owned by Toy Essentials unless otherwise noted and may not be used without prior written consent of Toy Essentials. Images of people and places displayed on the website are either the property of, or used with permission by, Toy Essentials. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by Toy Essentials. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

While Toy Essentials uses reasonable efforts to include accurate and up to date information on the website, Toy Essentials makes no warranties or representations as to its accuracy. Toy Essentials assumes no liability or responsibility for any errors or omissions in the content of the website. Prices and availability information, special offers, and promotions are subject to change without notice.

Toy Essentials is not responsible for the content of any off-site pages or any other sites linked to the website. Your linking to any other off-site pages or other sites is at your own risk. Toy Essentials assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, failure to gain access to, use of, or browsing the website, or your downloading of any materials, data, text, images, video or audio from the website.

Toy Essentials may at any time revise these Terms of Use by updating this posting. Please check back periodically to see if we have made any changes.

Shipping Tips Guides

  • UPS does not ship to PO Box addresses. (We reserve the right to cancel orders)
  • USPS ships to PO Box addresses. (Please no Mall addresses)
  • All International Orders will be shipped via USPS.
  • All orders received by 4:00 pm, Monday through Friday Pacific Standard Time will be shipped out on the same day. Orders received after 4:00pm PST, M-F will ship out the following business day.
  • If there are any problems processing your order (e.g., payment, processing) we will send an email notification and the order may be held until a response is received or we may cancel the order after 10 business days.
  • We will make every effort to ship your order out as quickly as possible.
  • In stock items are shipped out within 1-2 business day, M-F.
  • Orders shipped to US Military APO/FPO addresses are sent via US Postal Service Priority Mail.
  • International customers are responsible for all additional customs fees, brokerage fees, duties, and taxes that may be levied by their respective governments or by the shipping carrier. These additional fees may be collected at time of delivery. Toy Essentials will not refund shipping charges for refused shipments.
  • FLAT RATE SHIPPING - Applies to US customers only. FLAT RATE items are typically shipped USPS Priority Mail. If items without FLAT RATE shipping are included this option uses the shipping method that is common to all items.

Toy Essentials Terms of Sale

By accepting delivery of any product delivered from Toy Essentials, you ("Customer") agree to be bound by the terms and conditions listed below. You and Toy Essentials agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Toy Essentials. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Toy Essentials.

Product Return Procedure:


To return a product based upon Toy Essentials replacement/return guarantee, you must fill out an RMA Form within the guarantee period for the product. Once received, Toy Essentials will issue an RMA number that is valid for 30 days within which return products must be received by Toy Essentials. Toy Essentials will not accept returns without prior authorization and an RMA number. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.

Customer is solely responsible for shipping any returned product to Toy Essentials, including any shipping charges. Customer agrees to use only reputable carries capable of providing proof of delivery and insurance for the entire value of the shipment. Return must be shipped via USPS Parcel Post or UPS Ground. Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, Toy Essentials' Return Procedure will be breached and Toy Essentials will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component.

Toy Essentials will not refund to Customer the original shipping charges. In addition, Toy Essentials reserves the right to assess a 10-15% restocking fee against the Customer's account on all returns for refund. The re-stocking fee will be waived for unopened items, returned in original working condition. Return credits will not be issued until Toy Essentials is in full receipt of the returned items. An exception to refunding shipping charges is if you receive an incorrect order or defective (manufacturer defect) merchandise.


WARRANTIES

Toy Essentials is a distributor only. Products sold by Toy Essentials are not manufactured by Toy Essentials. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). Toy Essentials assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. Toy Essentials MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. Toy Essentials DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.


LIMITATION OF LIABILITY

IN ALL CIRCUMSTANCES Toy Essentials MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. Toy Essentials SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. Toy Essentials SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT Toy Essentials IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

GENERAL TERMS AND CONDITIONS

Payment Terms; Orders: An order is not binding upon Toy Essentials until it is accepted; Toy Essentials must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Toy Essentials. You agree to pay the amount(s) due as specified on the invoice.

Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges shown on the Toy Essentials invoice.

Title; Risk of Loss: Toy Essentials will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. Toy Essentials reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Toy Essentials to sign appropriate documents on Customer's behalf to permit Toy Essentials to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. Toy Essentials will advise Customer of estimated shipping dates, but Toy Essentials will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Toy Essentials and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Toy Essentials and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of California to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Toy Essentials that is more than one year after the date of the applicable invoice.

Severability:

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.

Waiver:

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement:

These terms and conditions, together with the Toy Essentials' invoice respecting the products ordered by Customer, are the complete and exclusive agreement between Toy Essentials and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Toy Essentials and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.