Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Needful Toyz, LLC. The collective work includes works that are licensed to Needful Toyz, LLC. Copyright 2003, Needful Toyz, LLC ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Needful Toyz, LLC or purchasing Needful Toyz, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Needful Toyz, LLC or to purchase Needful Toyz, LLC products.
Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Needful Toyz, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks All trademarks, service marks and trade names of Needful Toyz, LLC used in the site are trademarks or registered trademarks of Needful Toyz, LLC
Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Needful Toyz, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Needful Toyz, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Needful Toyz, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply.
Limitation of Liability Needful Toyz, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Needful Toyz, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply.
Typographical Errors In the event a Needful Toyz, LLC product is mistakenly listed at an incorrect price, Needful Toyz, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Needful Toyz, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and/or payment has been initiated or received. If payment has been made and an order is cancelled, Needful Toyz, LLC shall issue a credit in the same form payment was received.
Term; Termination These terms and conditions are applicable upon accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Needful Toyz, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice Needful Toyz, LLC may deliver notice by means of email, general notice on the site or by other reliable method to the address provided to Needful Toyz, LLC.
Miscellaneous Use of this site shall be governed in all respects by the laws of the state of Oregon, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. It is agreed that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Needful Toyz, LLC products) shall be in the state or federal courts located in Multnomah County, Oregon. Any cause of action or claim made with respect to the site (including but not limited to the purchase of Needful Toyz, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Needful Toyz, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Needful Toyz, LLC may assign its rights and duties under this Agreement to any party at any time without notice.
Use of Site Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Needful Toyz, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. Unauthorized persons may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. Unauthorized persons may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer Needful Toyz, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. It is acknowledged that by providing the ability to view and distribute user-generated content on the site, Needful Toyz, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Needful Toyz, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Needful Toyz, LLC in its sole discretion.
Indemnification You agree to indemnify, defend, and hold harmless Needful Toyz, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.
Third-Party Links In an attempt to provide increased value to our visitors, Needful Toyz, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Needful Toyz, LLC, Needful Toyz, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Needful Toyz, LLC. These linked sites are provided for convenience and therefore accessed at your own risk. Nonetheless, Needful Toyz, LLC seeks to protect the integrity of its website, including the links placed upon it, and therefore requests any feedback on not only its own site but for linked sites as well (including if a specific link does not work).
Back Orders Most orders ship within 24-48 hours of receipt of payment (Monday - Friday, excluding holidays). We do have back orders from time to time. We understand this is an inconvenience and apologize if it happens. You will be notified via email within 1 business day of your order regarding the status of product(s) shipped and any potential back orders. If your item is delayed more than 3 business days, we will pay the ground freight on all back ordered product(s) for orders within the continental US. You also have the right to cancel your order for a full refund if notified of a back order.
Return Policy
Returns are accepted for exchange or refund within 10 calendar days of delivery. At our sole discretion after 10 calendar days, we will offer an exchange or store credit only. Items must be in "new, unaltered and unused condition". Definition of new, unaltered and unused condition is:
· without showing signs of wear or damage in any way
· within 10 calendar days of the delivery date (after 10 days no returns are allowed)
· must not be a special order or a custom order
· unless noted that it cannot be returned or has a different return policy time period other than that 10 days noted in that item's particular item description.
If an item is received damaged or is incorrectly shipped please contact Customer Service immediately.
Items that are defective or items that were not ordered will qualify for store credit or refund.
All exchanges, credits and refunds are contingent upon inspection when received.
There is a restocking fee of $9.95 or 15% for returned items that are not being exchanged and are not damaged. Some special order items carry a 35% restocking fee for returns accepted.
Customer Service must be contacted within 10 days if to request an authorization to return an item. Items returned after 10 days and without prior approval will not be refunded.
Customer is responsible for all shipping costs if seller is not at fault.
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