Terms of Service

OVERVIEW

Welcome to Toyuxy! The terms “we”, “us” and “our” refer to Toyuxy. Toyuxy operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Toyuxy is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Toyuxy reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Toyuxy confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card, and (iii) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by Toyuxy, its affiliates or licensors and are protected by copyright and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. Toyuxy’s names, logos, product and service names, designs, and slogans are trademarks of Toyuxy or its affiliates or licensors.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. We are not liable for any harm or damages related to your access of any third-party websites.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Toyuxy is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Toyuxy. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Toyuxy, including any injury, damage, or loss resulting from purchased products.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed on our Privacy Policy page. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.

SECTION 11 - FEEDBACK

If you submit any ideas, feedback, reviews, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, and display such Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, or violates any party’s intellectual property.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to violate any international or local regulations, to infringe upon our intellectual property rights, or to harass or harm any other person. We reserve the right to suspend or terminate your account if you violate any part of these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY TOYUXY, THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL TOYUXY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Toyuxy, Shopify, and our affiliates from any claims, including reasonable attorneys’ fees, arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed.

SECTION 19 - GOVERNING LAW & DISPUTE RESOLUTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong SAR. In the event of a dispute, both parties agree to first seek an informal resolution through Toyuxy’s support channels (support@toyuxy.com) for a period of 30 days.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement and understanding between you and us.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement without our prior written consent. We may transfer or assign these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@toyuxy.com.

  • Email: support@toyuxy.com

  • Company Name: HONGKONG HE ZHI CAI INTERNATIONAL LIMITED

  • Business Address: Room A516, 5th Floor, Yip Fat Industrial Building, 35 Tai Yau Street, San Po Kong, Kowloon, Hong Kong

  • Phone: +1 (213) 295-1978