Terms of service
Last Updated: [Insert Date]
1. Introduction and Acceptance of Terms
1.1. Overview
Welcome to Anime Toy™! This website and online store, accessible at anime-toy.com (the "Site"), is owned and operated by Anime Toy™ (referred to herein as "we," "us," and "our"). We provide a curated selection of products and services, including all related information, content, features, and tools (collectively, the "Services"). The platform enabling our Services is provided by Shopify.
1.2. Agreement to Terms
These Terms of Service (the "Terms"), together with our [Privacy Policy] and other referenced policies, describe your rights and responsibilities when you access or use the Services.
By visiting, interacting with, or purchasing from our Services, you agree to be bound by these Terms and our [Privacy Policy]. If you do not agree to all the Terms, you must not access or use the Services.
1.3. Important Notice
Please read these Terms carefully. They contain important information about your legal rights, including provisions regarding warranty disclaimers (Section 15) and limitations of liability (Section 16).
2. Access, Eligibility, and Account Security
2.1. Eligibility
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you are not the age of majority, you confirm that you have obtained the consent of your parent or legal guardian to use the Services.
2.2. Account Information
To access certain Services, such as placing an order, you may be required to provide current, complete, and accurate information, including your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is correct and that you have all necessary rights to provide this information.
2.3. Security Responsibility
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person or entity.
3. Products, Pricing, and Orders
3.1. Product Representation
We strive to display the colors, features, and descriptions of our products as accurately as possible. However, we cannot guarantee that the visual representation on your specific computer monitor or device will be exactly accurate due to screen variations and settings.
We do not warrant that the quality or appearance of any products purchased by you will meet your expectations or be identical to the depictions in our online store.
3.2. Product Availability and Changes
All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to:
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Discontinue any product at any time.
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Limit the sales or quantities of any products or Services to any person, geographic region, or jurisdiction, on a case-by-case basis.
3.3. Pricing and Billing
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Price Changes: Prices, discounts, and promotions are subject to change without notice. The price charged will be the one in effect at the time the order is placed.
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Exclusions: Posted prices generally exclude taxes, shipping, handling, customs, or import charges, unless otherwise expressly stated.
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Billing Accuracy: You agree to provide current, complete, and accurate purchase, payment, and account information. You represent and warrant that you are authorized to use the provided payment method and that all charges will be honored by your financial institution.
3.4. Order Acceptance and Cancellation
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Offer to Purchase: Placing an order constitutes an offer to purchase. We reserve the right to accept or decline your order for any reason at our discretion.
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Acceptance: An order is not accepted until Anime Toy™ confirms acceptance and your payment has been successfully received and processed.
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Cancellations: We may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the contact information provided.
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Personal Use: You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
3.5. Shipping, Delivery, and Risk of Loss
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Delivery Estimates: All delivery times provided are estimates only and are not guaranteed. We are not liable for shipping or delivery delays.
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Risk of Loss: Once we transfer the purchased products to the shipping carrier, the title and risk of loss for the products pass to you. We are not responsible for delays caused by the carrier, customs, or events outside our control.
3.6. Returns and Exchanges
All purchases are subject to return or exchange solely in accordance with our separate [Refund Policy].
4. Third-Party Tools, Links, and Services
4.1. Optional Third-Party Tools
We may provide you with access to third-party tools over which we have no control or input. You acknowledge and agree that access to such tools is provided "as is" and "as available," without any warranties or endorsements from us. Your use of optional third-party tools is entirely at your own risk and discretion.
4.2. Third-Party Links
The Services may contain links and materials from third-party websites. We are not responsible for examining or evaluating the content, accuracy, or policies of any third-party websites. If you choose to access third-party sites, you do so at your own risk. We are not liable for any damages or harm related to your use of products, services, or content on third-party websites.
4.3. Relationship with Shopify
Anime Toy™ is powered by Shopify, which provides the e-commerce platform. However, any sales and purchases you make in our Store are made directly with Anime Toy™. Shopify is not responsible for any aspect of the sales transaction, including any resulting injury, damage, or loss. You expressly release Shopify and its affiliates from all claims and liabilities related to your purchases and transactions with Anime Toy™.
5. User Conduct and Content
5.1. Prohibited Uses
You may access and use the Services for lawful purposes only. You are prohibited from using the Services or their content:
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For any unlawful or malicious purpose.
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To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
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To infringe upon our intellectual property rights or the rights of others.
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To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on any protected characteristic.
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To upload or transmit viruses or any other type of malicious code.
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To collect or track the personal information of others (e.g., spam, phish, scrape).
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To interfere with or circumvent the security features of the Services.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you have violated this section or any other part of these Terms.
5.2. User Feedback and Submissions
If you submit or transmit any ideas, suggestions, feedback, reviews, proposals, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that: (i) you own all necessary rights to the Feedback; and (ii) your Feedback will comply with these Terms and will not violate any third-party rights. We are not obligated to maintain confidentiality, pay compensation, or respond to your Feedback.
6. Intellectual Property Rights
6.1. Ownership
The Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by Anime Toy™, its affiliates, or licensors, and are protected by intellectual property laws.
6.2. Limited License
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any of the material on the Services without our prior written consent. All rights not expressly granted herein are reserved by Anime Toy™.
6.3. Trademarks
Anime Toy™’s names, logos, product and service names, designs, and slogans are trademarks of Anime Toy™ or its affiliates/licensors. Shopify’s trademarks are owned by Shopify. You must not use any of these trademarks without the prior written permission of their respective owners.
7. Privacy and Data Protection
7.1. Privacy Policy
All personal information we collect through the Services is governed by our [Privacy Policy], which is incorporated into these Terms by reference. You acknowledge that you have read this policy.
7.2. Shopify’s Role
Because the Services are hosted by Shopify, certain personal information may be subject to Shopify’s Privacy Policy. You understand that information you submit will be shared with Shopify and may be transmitted to and shared with third parties located in countries other than where you reside, to provide the Services.
8. Errors, Inaccuracies, and Omissions
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).
9. Termination of Service
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice. Upon termination, you will remain liable for all amounts due up to and including the date of termination. The following sections will survive any termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive.
10. Disclaimer of Warranties
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THIS INCLUDES ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL ANIME TOY™, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, including, without limitation, lost profits, lost revenue, lost savings, loss of data, or replacement costs, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products procured using the Services.
12. Indemnification
You agree to indemnify, defend, and hold harmless Anime Toy™, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of:
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Your breach of these Terms or the documents they incorporate by reference.
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Your violation of any law or the rights of a third party.
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Your access to and use of the Services.
13. Governing Law and Dispute Resolution
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of [Jurisdiction where Anime Toy™ is headquartered - e.g., Switzerland]. You and Anime Toy™ consent to the exclusive venue and personal jurisdiction of the federal and state or territorial courts in that jurisdiction.
14. General Provisions
14.1. Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.
14.2. Entire Agreement and Waiver
These Terms of Service and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us, governing your use of the Service, and superseding any prior agreements. The failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
14.3. Assignment
You may not delegate, transfer, or assign these Terms or any of your rights without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
15. Changes to Terms of Service
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law, and your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
16. Contact Information
Questions about the Terms of Service should be sent to us at flasherstore@gmail.com.
Anime Toy
Street: 46 Prince Consort Road
City: Kelfield
Phone number: 077 3779 5583
Zip code: YO19 6AG
Country calling code: +44
Country: United Kingdom