Funky Toys
Welcome to Funky Toys. These Terms of Service (“Terms”) govern your use of the website funkytoys.net (the “Website”) and any purchase of goods from us. By accessing or using the Website, placing an order, or otherwise interacting with us online, you agree to these Terms. If you do not agree, you should not use the Website or place an order.
Funky Toys
Address: 63D Donegani Avenue, Pointe-Claire, Quebec H9R 2V9, Canada
Phone: +15146741914
Email: info@funkytoys.net
Website: funkytoys.net
You must be of legal age in your jurisdiction to enter into binding contracts (or have parental/guardian consent).
When you create an account, you agree to provide accurate, current, and complete information, and to maintain and promptly update it if needed.
You are responsible for safeguarding your account credentials, and you accept responsibility for all activities under your account.
We reserve the right to suspend or terminate accounts, refuse service, or cancel orders at our discretion.
All product descriptions, images, specifications, and pricing are provided in good faith. However, we do not warrant that they are completely accurate, complete, reliable, current, or error-free.
Placing an order does not guarantee acceptance. We may decline or cancel an order for reasons including stock unavailability, pricing or description errors, suspected fraud, or inability to deliver to your location.
If we cancel an order after receiving payment, we will refund you the amount paid for that order.
Prices are as shown on the Website at the time you place your order. We reserve the right to modify prices at any time before order acceptance.
You are responsible for paying any duties, taxes, or customs charges imposed by your country on import (if applicable).
Payment methods accepted will be those displayed at checkout. Payment must be authorized and funds cleared before order processing.
We endeavor to ship products within the estimated timelines displayed, but these are estimates and not guaranteed.
Risk of loss or damage to goods passes to you at the time of delivery to the address you specified.
If a delivery fails (e.g., nobody is available to receive it), we may attempt redelivery or have the order held for pickup. Additional storage or redelivery charges may apply.
We are not liable for delays caused by third parties, customs clearance, weather, or other events beyond our control.
Our Return & Refund Policy is a separate policy but is part of these Terms by reference. Please review it for details about eligibility, time limits, and procedure.
If you wish to return a product, follow the steps in our Refund Policy. You may be responsible for return shipping costs unless the product is defective or an error on our part.
We may refuse a return if the item is not in its original condition, with all original packaging, tags, and accessories.
All content on the Website (text, images, graphics, logos, software, product names, etc.) is our property or that of our licensors and is protected by applicable intellectual property laws.
You may view, download, and print portions of content from the Website for your personal, noncommercial use only. You may not modify, reproduce, distribute, publicly display, create derivative works from, or otherwise use content except as expressly permitted in writing.
If you submit any content (reviews, feedback, images, or other user-generated content), you grant us a nonexclusive, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, translate, distribute, and display such content.
You agree not to use the Website or Services to:
Violate any law, regulation, or these Terms;
Submit false, misleading, or infringing content;
Interfere with or disrupt the operation of the Website;
Attempt to gain unauthorized access to any portion of the Website;
Use the Website for any commercial or resale purposes not expressly permitted;
Upload viruses, malware, or harmful code.
The Website and all products sold are provided “as is” and “as available,” without warranties of any kind, either express or implied, to the fullest extent permitted by law.
We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and noninfringement.
Our liability is limited to the extent permitted by law. In no event will we (or our affiliates, employees, agents) be liable for indirect, incidental, special, punitive, or consequential damages—even if advised of the possibility of such damages.
Where liability cannot be excluded under applicable law, our liability shall be limited to the amount paid by you for the purchase.
You agree to defend, indemnify, and hold harmless Funky Toys, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of or in any way connected with your use of the Website, violation of these Terms, or infringement of any rights.
We shall not be liable or considered in default for delays or failures in performance caused by events beyond our reasonable control, such as natural disasters, wars, strikes, supply chain disruptions, or governmental actions.
We may terminate or suspend your access to the Website, your account, or your orders at any time, for any reason, without notice.
Sections that by their nature should survive such termination—such as Intellectual Property, Disclaimer, Limitation of Liability, Indemnification, and Governing Law—will survive.
We reserve the right to change, modify, or update these Terms at any time. Changes become effective when posted on the Website (with updated “Effective Date”). Your continued use of the Website after changes constitutes acceptance of the new Terms.
These Terms and your use of the Website are governed by the laws of the jurisdiction in which Funky Toys is incorporated (e.g. the province of Quebec, Canada), without regard to conflicts of laws rules.
Disputes arising from or relating to these Terms will be subject to the exclusive jurisdiction of the courts in that jurisdiction (or as otherwise required by law).
If any provision of these Terms is found invalid or unenforceable in whole or part, the remaining provisions will remain in full force and effect.
No waiver by us of any right or breach shall be considered a waiver of another right or breach.