1. Introduction and Acceptance of Terms
Welcome to toyva.store (the "Site"), operated by Toyva LLC ("we," "us," "our," or "Toyva"). These Terms of Service ("Terms," "Terms of Service," or "Agreement") constitute a legally binding agreement between you ("you," "your," or "Customer") and Toyva LLC.
By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Site or purchase any products from us.
1.1 Agreement Scope
These Terms apply to:
- All visitors, browsers, and users of the Site
- All customers who purchase products from toyva.store
- All interactions with our services, customer support, and communications
1.2 Additional Terms
Specific areas of the Site or products may be subject to additional terms and conditions, which will be posted in connection with those areas or products. Those additional terms are incorporated into these Terms by reference.
1.3 Agreement Changes
We reserve the right to modify, amend, or update these Terms at any time. Changes will be effective immediately upon posting to the Site with an updated "Last Updated" date. Your continued use of the Site following any changes constitutes acceptance of those changes. We encourage you to review these Terms periodically.
1.4 Eligibility
You must be at least 18 years old to use this Site and make purchases. By using the Site, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you are under 18, you may only use the Site with the involvement and consent of a parent or legal guardian.
2. Account Registration and Security
2.1 Account Creation
To access certain features of the Site or make purchases, you may need to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password confidential and secure
- Notify us immediately of any unauthorized use of your account
- Be responsible for all activities that occur under your account
2.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials. Toyva LLC will not be liable for any loss or damage arising from your failure to protect your account information.
2.3 Account Termination
We reserve the right to suspend, disable, or terminate your account at any time for any reason, including but not limited to:
- Violation of these Terms of Service
- Fraudulent or illegal activity
- Abuse of the Site or our services
- Providing false or misleading information
- Chargebacks or payment disputes
You may close your account at any time by contacting us at contact@toyva.store.
3. Products and Services
3.1 Product Descriptions
We strive to provide accurate product descriptions, images, and specifications. However:
- We do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free
- Product images are for illustration purposes and may not precisely reflect the actual product
- Colors may vary slightly due to monitor settings and lighting conditions
- Product dimensions and weights are approximate
If a product you receive is not as described, your sole remedy is to return it in accordance with our Return Policy.
3.2 Product Availability
All products are subject to availability. We reserve the right to:
- Limit quantities of products available for purchase
- Discontinue any product at any time
- Refuse or cancel orders if products are unavailable
- Impose restrictions on the number of products that may be purchased per customer
If we cancel an order due to product unavailability, we will notify you and issue a full refund.
3.3 Product Changes
We reserve the right to modify, update, or discontinue products at any time without prior notice. We are not liable for any modifications, price changes, suspension, or discontinuance of any product.
3.4 Age Restrictions
Certain products may have age restrictions. By purchasing such products, you confirm that you meet the minimum age requirement and will comply with all applicable laws regarding the purchase and use of such products.
4. Pricing and Payment
4.1 Pricing
All prices displayed on the Site are in United States Dollars (USD) unless otherwise stated. Prices are subject to change without notice.
We reserve the right to:
- Change product prices at any time
- Correct pricing errors on the Site
- Refuse or cancel orders placed for products with incorrect prices
If we discover a pricing error after you have placed an order, we will notify you and give you the option to:
- Continue with the order at the correct price, or
- Cancel the order for a full refund
4.2 Taxes
Prices do not include applicable sales tax, use tax, or other taxes unless specifically stated. You are responsible for all applicable taxes based on your billing and shipping address. We will collect and remit sales tax where required by law.
4.3 Payment Methods
We accept the following payment methods:
- Major credit cards (Visa, MasterCard, American Express, Discover)
- Debit cards
- PayPal and other digital payment methods (as available)
4.4 Payment Authorization
By placing an order, you authorize us to charge your chosen payment method for the total order amount, including products, shipping, taxes, and any other applicable fees.
4.5 Payment Processing
Payment is processed at the time you place your order. All payments are processed securely through our third-party payment processors. We do not store complete credit card information on our servers.
4.6 Payment Failures
If payment cannot be processed or charged:
- Your order may be delayed or canceled
- We may contact you to update payment information
- We reserve the right to cancel the order after reasonable attempts to obtain payment
4.7 Billing Accuracy
You agree to provide current, complete, and accurate billing and payment information. You agree to promptly update all information to keep your account and payment details current and accurate.
5. Orders and Order Confirmation
5.1 Order Placement
When you place an order on our Site:
- You submit an offer to purchase the selected products
- You receive an automated order confirmation email acknowledging receipt of your order
- Your order is accepted when we ship the products to you
Important: The automated order confirmation email is NOT an acceptance of your order. It is simply an acknowledgment that we have received your order. We reserve the right to accept or decline your order for any reason.
5.2 Order Acceptance
We reserve the right to refuse or cancel any order for any reason, including:
- Product unavailability
- Errors in product or pricing information
- Suspected fraudulent activity
- Violation of these Terms
- Failure to meet eligibility requirements
- Limitations on quantities available for purchase
If we cancel your order after payment has been processed, we will issue a full refund to your original payment method.
5.3 Order Modifications and Cancellations
Before Shipment: If you need to modify or cancel your order, contact us immediately at contact@toyva.store. We will make reasonable efforts to accommodate your request if the order has not yet shipped.
After Shipment: Once an order has shipped, it cannot be modified or canceled. You may refuse delivery or return the products in accordance with our Return Policy.
5.4 Order Limits
We reserve the right to limit order quantities on any product. These restrictions may apply per person, per household, per order, or per credit card. We will notify you if such limits affect your order.
6. Shipping and Delivery
All shipping and delivery matters are governed by our Shipping Policy, which is incorporated into these Terms by reference. Please review our Shipping Policy for detailed information about:
- Shipping coverage and restrictions
- Processing and handling times
- Delivery timeframes
- Shipping costs
- Tracking information
- Delivery issues
You can access our complete Shipping Policy at: [https://toyva.store/shipping-policy]
7. Returns, Refunds, and Exchanges
All returns, refunds, and exchanges are governed by our Return & Refund Policy, which is incorporated into these Terms by reference. Please review our Return & Refund Policy for detailed information about:
- Return eligibility and conditions
- Return process and timeframes
- Refund methods and processing times
- Exchange procedures
- Defective or damaged items
You can access our complete Return & Refund Policy at: [https://toyva.store/policies/refund-policy]
8. Prohibited Uses and Conduct
8.1 Acceptable Use
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree NOT to:
Illegal or Harmful Activities:
- Violate any local, state, national, or international law
- Engage in fraudulent or deceptive practices
- Use the Site for any illegal or unauthorized purpose
- Transmit viruses, malware, or other harmful code
- Attempt to gain unauthorized access to our systems
Abuse and Interference:
- Interfere with or disrupt the Site or servers
- Impose an unreasonable load on our infrastructure
- Use automated systems (bots, scrapers, crawlers) without permission
- Bypass any measures we use to prevent or restrict Site access
- Reverse engineer, decompile, or disassemble any part of the Site
Misuse of Content:
- Copy, reproduce, or distribute Site content without permission
- Modify, adapt, or create derivative works of Site content
- Use Site content for commercial purposes without authorization
- Frame or mirror any part of the Site without permission
Harmful Communications:
- Harass, threaten, or harm other users or our staff
- Impersonate any person or entity
- Post false, misleading, or defamatory content
- Transmit spam or unsolicited communications
- Upload obscene, offensive, or objectionable content
Intellectual Property Violations:
- Infringe upon our intellectual property rights or those of others
- Use our trademarks, logos, or brand without permission
- Remove or alter copyright or proprietary notices
8.2 Consequences of Violations
Violation of these prohibited uses may result in:
- Immediate termination of your account
- Cancellation of pending orders
- Refusal of future orders
- Legal action and pursuit of damages
- Reporting to law enforcement authorities
9. Intellectual Property Rights
9.1 Our Intellectual Property
All content on the Site, including but not limited to:
- Text, graphics, logos, images, videos
- Product descriptions and photography
- Software, code, and functionality
- Trademarks, service marks, and trade names
- Design, layout, and compilation
is owned by Toyva LLC or our licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
9.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Site for personal, non-commercial purposes
- View and print pages from the Site for personal use
This license does not include any right to:
- Modify or copy Site materials
- Use materials for commercial purposes
- Transfer materials to another person
- Reproduce, duplicate, or exploit Site content
9.3 Trademarks
"Toyva," the Toyva logo, and other marks used on our Site are trademarks or registered trademarks of Toyva LLC. You may not use these marks without our prior written permission.
9.4 User Content
If you submit reviews, comments, photos, or other content to the Site ("User Content"), you grant Toyva LLC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, and distribute such content for any purpose.
You represent and warrant that:
- You own or have rights to the User Content
- The User Content does not violate any third-party rights
- The User Content is not defamatory, obscene, or illegal
9.5 Copyright Infringement Claims
If you believe content on our Site infringes your copyright, please contact us at contact@toyva.store with:
- Description of the copyrighted work
- Location of the infringing material on our Site
- Your contact information
- A statement of good faith belief
- A statement of accuracy under penalty of perjury
- Your physical or electronic signature
10. Disclaimers and Warranties
10.1 "AS IS" Disclaimer
THE SITE AND ALL PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
10.2 No Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, TOYVA LLC DISCLAIMS ALL WARRANTIES, INCLUDING:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
- UNINTERRUPTED OR ERROR-FREE OPERATION
- SECURITY OR FREEDOM FROM VIRUSES
10.3 Product Warranties
Product-specific warranties (if any) will be provided by the manufacturer. We make no warranties beyond those expressly provided by manufacturers.
10.4 No Guarantee
We do not guarantee that:
- The Site will meet your requirements
- Products will meet your expectations
- Site operation will be uninterrupted or error-free
- Defects will be corrected
- The Site is free from harmful components
10.5 Use at Your Own Risk
Your use of the Site and purchase of products is at your sole risk. You are solely responsible for any damage to your device or loss of data resulting from Site use.
11. Limitation of Liability
11.1 General Limitation
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOYVA LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, OR USE
- LOSS OF OR DAMAGE TO PROPERTY
- PERSONAL INJURY OR DEATH
- DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SITE
- DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR DATA
- DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Maximum Liability
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
11.3 Exceptions
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
11.4 Third-Party Services
We are not liable for any third-party services, including payment processors, shipping carriers, or linked websites. Your use of third-party services is governed by their respective terms and policies.
12. Indemnification
You agree to indemnify, defend, and hold harmless Toyva LLC, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Site
- Your violation of these Terms
- Your violation of any rights of another party
- Your violation of any applicable laws or regulations
- Your User Content or submissions
- Your fraudulent or illegal activity
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
13. Third-Party Links and Services
13.1 External Links
Our Site may contain links to third-party websites, services, or resources that are not owned or controlled by Toyva LLC. These links are provided for your convenience only.
13.2 No Endorsement
We do not endorse, warrant, or assume responsibility for:
- Third-party websites, products, or services
- The accuracy, quality, or reliability of third-party content
- The privacy practices of third parties
- Any damages or losses caused by third parties
13.3 Use at Your Own Risk
Your use of third-party websites and services is at your own risk. We encourage you to review the terms and privacy policies of any third-party websites you visit.
13.4 Third-Party Payment Processors
We use third-party payment processors to process payments. Your payment information is governed by the payment processor's terms and privacy policy, not ours.
14. Privacy and Data Protection
14.1 Privacy Policy
Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using the Site, you consent to our collection and use of your information as described in our Privacy Policy.
14.2 Data Security
While we implement reasonable security measures to protect your information, we cannot guarantee absolute security. You acknowledge that any information you provide is at your own risk.
You can access our complete Privacy Policy at: [https://toyva.store/privacy-policy]
15. Dispute Resolution
15.1 Informal Resolution
Before filing a claim, you agree to first contact us at contact@toyva.store to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days of receiving notice.
15.2 Governing Law
These Terms and any dispute arising out of or related to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of California and the United States, without regard to conflict of law principles.
15.3 Jurisdiction and Venue
You agree that any legal action or proceeding arising out of or related to these Terms or the Site shall be brought exclusively in the state or federal courts located in Sacramento County, California. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.
15.4 Class Action Waiver
YOU AND TOYVA LLC AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
You waive any right to participate in a class action lawsuit or class-wide arbitration against Toyva LLC.
15.5 Time Limitation
Any claim arising out of or related to these Terms or the Site must be filed within one (1) year after the claim arose, or it will be permanently barred.
16. Disclaimer of International Codes and Conventions
TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM AND OPT OUT OF THE FOLLOWING:
- United Nations Convention on Contracts for the International Sale of Goods (CISG)
- Uniform Commercial Code (UCC) (except where expressly adopted by us)
- INCOTERMS (International Commercial Terms)
These conventions and codes do not apply to your purchase of products from Toyva LLC. Instead, these Terms of Service govern all transactions.
17. Force Majeure
We shall not be liable for any delay or failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:
- Acts of God (earthquakes, floods, fires, storms)
- War, terrorism, riots, civil unrest
- Government actions, laws, or regulations
- Labor disputes or strikes
- Pandemics or epidemics
- Supplier failures or shortages
- Transportation delays
- Utility or internet outages
- Natural disasters
In such events, our obligations will be suspended for the duration of the force majeure event.
18. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
19. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Toyva LLC.
20. Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, and Return & Refund Policy, constitute the entire agreement between you and Toyva LLC regarding the Site and supersede all prior agreements and understandings.
21. Assignment
You may not assign, transfer, or delegate these Terms or your rights and obligations without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.
22. Survival
Sections that by their nature should survive termination of these Terms shall survive, including but not limited to: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.
23. Headings
Section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
24. Contact Information
If you have questions, concerns, or complaints regarding these Terms of Service, please contact us:
Toyva LLC
10765 N Mather Blvd
Rancho Cordova, CA 95670
United States
Email: contact@toyva.store
Phone: +1
Business Hours: Monday - Saturday, 9:00 AM - 5:00 PM Pacific Time
25. Acknowledgment
BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SITE OR PURCHASE PRODUCTS FROM US.
End of Terms of Service
These Terms of Service were last updated on December 1, 2024. Please check this page regularly for updates.