These Terms of Service (“TOS”) of Sale govern the sale of toys and accessories by ToyTerra to you through its site toyterra.in. Your use of the Site to purchase products indicates your agreement to follow and to be bound by these Terms and Conditions of Sale. If you do not agree to these terms, please do not use this Site. We may modify the T.O.S from time to time, and your continued use of this Site following such change shall signify your agreement to be bound by the modified T.O.S. Please note that the use of this Site binds you to agree that you will be solely and personally responsible for all the transactions carried out on this Site.
PRIVACY
Our PRIVACY POLICY incorporated by reference in these Terms of Service sets out how we will use the personal information you provide to us. By using this Website, you agree to be bound by the Privacy Policy and warrant that all data provided by you is accurate and up to date.
DESCRIPTION OF SERVICE AND PRODUCTS
The Company provides an opportunity for you to purchase the Products. Upon placing order, the Company shall ship the Product to You and will be entitled to its payment for the Services. All Products and information displayed on the Website/s constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as detailed in this Agreement. The Company may accept or reject your offer in its sole discretion which cannot be contested by you.
The Company, to the best of its knowledge, has displayed or attempts to display its products on the Website as accurately as is possible, colours of the Products that is displayed on the Website. However, the colours visible to You is solely dependent on Your monitor. Hence, no guarantee is provided by the Company regarding Your visibility of the colours on the Website. The Company does not provide any warranty or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product offered by the Website is not as described, the Company will only be liable to refund the full amount of the purchase (after deducting the shipping charges) subject to the product being returned in an unused, unsoiled and resale condition. The Company offers a large selection of toys and games along with information which will inform and guide you to make the best Purchase.
THIRD-PARTY WEBSITES AND CONTENT
Our website provides links for sharing our content on Facebook, Twitter, and another such third party website. These are only for sharing and/or listing purposes and we take no responsibility for the third-party websites and/or their contents listed on our website (toyterra.in) and disclaim all our liabilities arising out of any or all third party websites.
We disclaim all liabilities and take no responsibility for the content that may be posted on such third party websites by the users of such websites in their personal capacity on any of the above-mentioned links for sharing and/or listing purposes as well as any content and/or comments that may be posted by such user in their personal capacity on any official webpage of ToyTerra on any social networking platform.
PRICING AND PAYMENT
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The prices for product/s are described on the website and are incorporated into these terms by reference. All prices are in Indian rupees. The prices, products and services are subject to change at the Company’s discretion.
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The Company will use its best efforts to ensure the accuracy of the prices and price-related information stated on the Website. However, in case of any discrepancy, the Company’s decision will be final.
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In the event of any inadvertent mistake by the Company in quoting the price, the Company will notify You of the error before Your payment is processed. You will then have the choice to either accept the correct price or to cancel Your order.
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The Company accepts the following forms of payment: a) Online payment via credit card, debit card, net banking, UPI and other wallets.
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You agree, understand, confirm and state that the card details provided by You to transact on the website will be correct, accurate and is owned by You. In the event that You use a card belonging to any third party, then You confirm that you have been authorized to or expressly permitted by said third party to use the card for making payments.
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The Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.
In addition to all other remedies available under the law and equity, and as detailed under this Agreement, the Company reserves the right to recover the cost of product/s, collection charges, attorney’s charges etc, from an User using the website fraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
DELIVERY
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You will be given various options for the delivery of items during the order process. The options available to you will vary depending on where you are ordering from. The estimated delivery time is displayed on the order summary page.
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An auto-generated e-mail confirming your Order will be sent within 24 hours, which will be followed by a second e-mail giving you the status of your Order, Dispatch, and may contain information to track the shipment by our delivery partner.
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Sometimes, the delivery may take longer due to unforeseen circumstances. In such cases, we will proactively reach out to you by e-mail or SMS. However, we will not be able to compensate for any mental agony caused due to delay in delivery.
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Delivery will be attempted only once to the recipient’s address. Re-delivery/Redirection to other addresses will not be considered. In case the party fails to take delivery of the product after tendering the shipment for delivery, the party will have to bear additional charges, if any, as applicable and decided by the courier/shipper, for re-delivery.
RETURN, CANCELLATION, REFUND
ToyTerra offers an option to return any product purchased by us, within 3 days of delivery. However, the possibility to return is subject to certain conditions :-
- Used product- If the product received is not in its original condition or appears to be in a used state.
- Damaged/ Defective product- In case, you get a defective or damaged product from our side, we will replace it. For complaints on defective products, an email or a message (WhatsApp) has to be sent from the customer notifying us of the defect in the product. The customer will have to furnish us with images and videos to validate the claim. The email has to be sent to toyterra3@gmail.com.Without this step, a claim for a defective product will not be accepted by ToyTerra.
- Wrong product- If the product received by the customer doesn’t match the product originally ordered, in such a case the customer can request a return for the same.
Please Note- the shipping cost for any return has to be borne by the customer.
CANCELLATION: UNDER NO CIRCUMSTANCE TOYTERRA WILL ALLOW CANCELLATION OF AN ORDER ONCE THE PURCHASE HAS BEEN MADE.
REGISTRATION AND USE
You agree and understand that you are responsible for maintaining the confidentiality of all information provided to the Company while registering yourself, which includes Your login ID, e-mail address and the passwords for the same. You are fully responsible for all activities that occur under your e-mail address password or account and you shall ensure that you exit from your account at the end of each session.
The Company will send all correspondences, notices and any other communication to the e-mail address furnished by you. In case of any change in the said e-mail address, it is your duty to update or change the same.
The Company shall maintain utmost secrecy and use all the security measures to ensure that the information is not misused by any third party. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.
LEGAL USES
Further, You agree and understand that Your right to access and use the services offered on this website are personal to You and are not transferable by You to any other person or entity.
You understand that You are authorized to access and use the services only for legal and lawful purposes.
You further undertake and state that by using the services, You are in no way impersonating or misrepresenting any person or entity. All services availed of are for Yourself only. In the event that You are representing individual/s, company/ies, third parties or any entities, You undertake and state that You are authorized to represent such individual/s, company/ies, third parties or any entities.
You shall be solely responsible for the consequences arising out of such acts and the Company shall not be held responsible or liable in any way to any person or entity
Any changes in Your registration information must be duly updated by You.
Your access and use of this website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the website or other actions that the website, in its sole discretion, may elect to take. We at the Company utilize our best efforts to provide services without any interruptions or hindrance; however, we do not warrant that the function, operation, security or accessibility of the website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available will be free of viruses or other harmful elements. As a User of the website, you agree that Your access will be subject to these terms and conditions and that access is undertaken at Your own risk. We shall not be liable for damages of any kind related to your use of or inability to access the website.
INTELLECTUAL PROPERTY
You acknowledge and agree that this website and any necessary software used in connection with the website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content or software on this website, including its “”look and feel”” (eg, text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected by national and international laws relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorised by the Company, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this website, the services offered thereto or any software thereto, in whole or in part. You acknowledge that the entire website and its contents, including the software, are owned or duly licensed to the Company and are protected by the copyright laws in India and under international treaty provisions. All trademarks, service marks, and logos used and displayed on this website are registered to and/or owned by their respective owners. Nothing on this Company website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, service marks and logos displayed on the website, without the prior written consent and permission of the Company or the respective owners.
You may download or print a copy of information provided on this website for Your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from this website in whole or in part for any other purpose is expressly and explicitly prohibited without our prior written consent.
INDEMNITY BY YOU
You shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, and employees, from and against all loss, damages, claims and expenses, including but not limited to attorney fees, in whole or in part arising out of or attributable to any breach of this Agreement by You, any misrepresentation or misuse of the service offered to You or any negligent or unreasonable or inappropriate use of the website or the services.
VIOLATION AND TERMINATION
You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the website and block your future access if we determine that you have violated these Terms of Service or any other policies. If you or the Company terminates your use of any service, you shall still be liable to pay for any service that you have already ordered till the time of such termination.