Term and condition
This website is operated by Wheeltoys. Wheeltoys offers tools and services available to our users, which are conditioned upon your acceptance of all terms, conditions, policies, and notices stated.
By visiting our site and/or purchasing something from us, you engage in our service and agree to follow our terms and conditions, including those referenced and/or available by hyperlink. These terms apply to all users of the site, including users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service very carefully before accessing or using our website. If you do not agree to all the terms and conditions, you may not access the website or use any of our services. If these terms are considered an offer, acceptance is expressly limited.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the terms at any time on this page. We reserve the right to update, change, and/or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use and access to our website, following the posting of any changes, constitutes acceptance of those changes.
Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are of legal age in your state or province of residence or you have given us your consent to allow any minors to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction, including but not limited to, copyright laws.
You must not transmit any viruses or any code of a destructive nature.
A breach or violation of any of the terms will result in an immediate termination of your use of the website.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, not including credit card information, may be transferred unencrypted and involve (a) transmissions over various networks as well as (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Without express written permission by us, you agree not to reproduce, duplicate, sell, resell, or exploit any portion of the service on the website through which the service is provided.
The headings that are used within this agreement are included for convenience only and will not limit or otherwise affect these terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is inaccurate. 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 more accurate information. Any reliance on the material on this site is at your own risk.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to change or discontinue the service without notice at any time.
We are not liable to the customer or to any third-party vendors for any modification, price change, suspension, or discontinuance of the service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. In addition, we do not warrant that any errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, and/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 we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates in order for us to complete your transactions and contact you, if needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor or any control over and input in.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website, including, the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining, evaluating the content, or accuracy. Additionally, we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, and any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices to ensure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions such as contest entries, creative ideas, suggestions, proposals, plans, or other materials without a request from us, whether online, email, postal mail, or otherwise you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use the comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may monitor, edit, or remove content that we determine in are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or violates any party’s intellectual property or these terms of service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, or proprietary right. You further agree that your comments will not contain unlawful, abusive, or obscene material, and/or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address to pretend to be someone other than yourself or mislead us nor third-parties as to the origin of any comments. You are solely responsible for any comments you make. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains errors that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any inaccuracies to change or update information and cancel orders if any information is inaccurate at any time without prior notice.
We undertake no obligation to update or clarify information in the service or on any related website except as required by law. No specified update or refresh date applied should be taken to indicate that all information in the service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (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 our 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; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind. These include all implied warranties or conditions of durability, title, and non-infringement.
In no case will Wheeltoys be liable for any injury, loss, claim, or damages of any kind. This includes lost profits, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, negligence, strict liability or otherwise, arising from your use of any of the service or products procured using the service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold Wheeltoys and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harm-free from any claim or demand. These include reasonable attorney fees made by any third-party due to breaching out of these Terms of Service or the documents they incorporate by reference, violation of any law, or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision will be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed to be severed from these Terms of Service, such determination will not affect the validity of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination.
These Terms of Service are effective unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or when you cease using our site.
If, in our judgment, you fail to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice. If terminated, you will remain liable for all amounts due up to and including the date of termination and/or we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver.
These Terms of Service and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between both parties.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements that we provide, shall be governed by and construed in accordance with the laws of 9094 Las Tunas Dr. Temple City, California US 91780.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of, access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org