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1. Returns / Exchanges Policy
ToyWatch is committed to making your shopping experience a
success. If you are not 100% satisfied with your purchase, we will
accept returns of an unworn, undamaged watch in its original box,
for up to 30 days from purchase, for a full refund - minus
shipping & handling - or exchange. Proof of purchase, such as
a copy of the original sales receipt, packing slip or e-mail
confirmation is required for reimbursement. Please note that your
ToyWatch must be returned in the original ToyWatch display box and
all links replaced if the bracelet was shortened. An RA number
must be clearly displayed on the outside of the shipping carton.
Failure to do this will result in the package being refused and
returned to you. Please contact: 1-877-998-8600 to obtain an RA#
and full return instructions.
Should you choose to send your purchase back for a refund, we
will credit the same credit card used to place the order. If you
return your purchase for an exchange, we will credit the credit
card used to place the order and place a new order for you, with
an additional $14.95 S & H fee. To return an item, please note
the reason for your return on the original packing slip and
enclose the slip in the shipping carton. Securely wrap the package
and we advise that you purchase tracking and insurance on your
returned item or send via a carrier that automatically covers your
package, such as UPS. ToyWatch is not responsible for lost
packages nor are we responsible for the cost of returning an item
back to us.
Once received and inspected, a credit will be issued for all
returned watches meeting the 30 day guarantee provisions. In all
cases, refunds will be made in the form of the original payment.
2. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to ToyWatchUSA.com, you agree
to be bound by these Terms of Use, and as amended from time to
time with or without notice to you. In addition, if you are using
a particular service on or through this web site, you will be
subject to any rules or guidelines applicable to those services
and they shall be incorporated by reference into these Terms of
Use. Please see our Privacy Policy, which is incorporated into
these Terms of Use by reference.
3. Our Service.
Our web site and services provided to you on and through our web
site on an "AS IS" basis. You agree that the owners of
ToyWatchUSA.com exclusively reserve the right and may, at any time
and without notice and any liability to you, modify or discontinue
this web site and its services or delete the data you provide,
whether temporarily or permanently. We shall have no
responsibility or liability for the timeliness, deletion, failure
to store, inaccuracy, or improper delivery of any data or
information.
4. Your Responsibilities and Registration Obligations.
In order to use ToyWatchUSA.com, you must register on our site,
agree to provide truthful information when requested, and be at
least the age of thirteen (13) or older. When registering, you
explicitly agree to our Terms of Use and as may be modified by us
from time to time and available here. 5. Privacy Policy.
Registration data and other personally identifiable information
that we may collect is subject to the terms of our Privacy Policy.
6. Registration and Password.
You are responsible to maintain the confidentiality of your
password and shall be responsible for all uses via your
registration and/or login, whether authorized or unauthorized by
you. You agree to immediately notify us of any unauthorized use or
your registration, user account or password.
7. Your Conduct.
You agree that all information or data of any kind, whether
text, software, code, music or sound, photographs or graphics,
video or other materials ("Content"), publicly or
privately provided, shall be the sole responsibility of the person
providing the Content or the person whose user account is used.
You agree that our web site may expose you to Content that may be
objectionable or offensive. We shall not be responsible to you in
any way for the Content that appears on this web site nor for any
error or omission.
You explicitly agree, in using this web site or any service
provided, that you shall not:
(a) provide any Content or perform any conduct that may be
unlawful, illegal, threatening, harmful, abusive, harassing,
stalking, tortuous, defamatory, libelous, vulgar, obscene,
offensive, objectionable, pornographic, designed to or does
interfere or interrupt this web site or any service provided,
infected with a virus or other destructive or deleterious
programming routine, give rise to civil or criminal liability, or
which may violate an applicable local, national or international
law;
(b) impersonate or misrepresent your association with any person
or entity, or forge or otherwise seek to conceal or misrepresent
the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in
any commercial manner or in any manner that would involve junk
mail, spam, chain letters, pyramid schemes, or any other form of
unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or
criminal liability or which may constitute or be considered a
violation of any local, national or international law, including
but not limited to laws relating to copyright, trademark, patent,
or trade secrets.
8. Submission of Content on ToyWatchUSA.com.
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free,
perpetual, non-exclusive right and license (including any moral
rights or other necessary rights) to use, display, reproduce,
modify, adapt, publish, distribute, perform, promote, archive,
translate, and to create derivative works and compilations, in
whole or in part. Such license will apply with respect to any
form, media or technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and
other rights that may be necessary to grant us with the license
set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but
not obligation), in our sole discretion, to refuse to publish or
to remove or block access to any Content you provide at any time
and for any reason, with or without notice.
9. Third Party Services.
Goods and services of third parties may be advertised and/or
made available on or through this web site. Representations made
regarding products and services provided by third parties are
governed by the policies and representations made by these third
parties. We shall not be liable for or responsible in any manner
for any of your dealings or interaction with third parties.
10. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries,
affiliates, related parties, officers, directors, employees,
agents, independent contractors, advertisers, partners, and
co-branders from any claim or demand, including reasonable
attorney's fees, that may be made by any third party, that is due
to or arising out of your conduct or connection with this web site
or service, your provision of Content, your violation of this
Terms of Use or any other violation of the rights of another
person or party.
11. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF TOYWATCHUSA.COM AND
ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE
AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO
YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE
SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY,
SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT
IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT
NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES
PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY
OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR
LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied
warranties and the above disclaimer may not apply to you only as
it relates to implied warranties.
12. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY
TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS
AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON
THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE
SERVICE.
In some jurisdictions, it is not permitted to limit liability
and therefore such limitations may not apply to you.
13. Reservation of Rights.
We reserve all of our rights, including but not limited to any
and all copyrights, trademarks, patents, trade secrets, and any
other proprietary right that we may have in our web site, its
content, and the goods and services that may be provided. The use
of our rights and property requires our prior written consent. We
are not providing you with any implied or express licenses or
rights by making services available to you and you will have no
rights to make any commercial uses of our web site or service
without our prior written consent.
14. Notification of Copyright Infringement.
If you believe that your property has been used in any way that
would be considered copyright infringement or a violation of your
intellectual property rights, please contact us.
15. Applicable Law.
You agree that this Terms of Use and any dispute arising out of
your use of ToyWatchUSA.com or our products or services shall be
governed by and construed in accordance with local laws where the
headquarters of the owner of this web site is located, without
regard to its conflict of law provisions. By registering or using
this web site and service you consent and submit to the exclusive
jurisdiction and venue of the county or city where the
headquarters of the owner of this web site is located.
16. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law
under which any provision may be held invalid by a court with
jurisdiction over the parties, such provision will be interpreted
to reflect the original intentions of the parties in accordance
with applicable law, and the remainder of this Terms of Use will
remain valid and intact; (ii) The failure of either party to
assert any right under this Terms of Use shall not be considered a
waiver of any that party's right and that right will remain in
full force and effect; (iii) You agree that without regard to any
statue or contrary law that any claim or cause arising out of this
web site or its services must be filed within one (1) year after
such claim or cause arose or the claim shall be forever barred;
(iv) We may assign our rights and obligations under this Terms of
Use and we shall be relieved of any further obligation. |