These Terms and Conditions govern your use of tonkatoys.co.uk and any related mobile or software applications (“Site” or “Services”) provided by Tonka (“us”, “we”, or “our”). By accessing or using our Site and/or Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access or use the Site or Services.
1. Eligibility and Registration
You must be at least 18 years of age to use our Site and Services. When you create an account, you agree to provide accurate and complete registration information and keep it updated.
2. Our Content and Services
Our Site and Services offer toys, games, products, and related content. We reserve the right to modify or discontinue any portion of the Site or Services with or without notice.
We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other issues that degrade performance or interrupt availability, which we will attempt to remedy promptly.
3. Your Use of the Site and Services
You agree not to misuse the Site or Services or assist anyone else in doing so. For example, you will not:
- Copy, modify, transmit, distribute, publish, or create derivative works from site content without consent.
- Use scraping or data extraction methods to obtain data or other content from the Site.
- Attempt to circumvent technological protection measures like digital rights management or content-scrambling.
- Post harmful, abusive, harassing, defamatory, vulgar, obscene, inflammatory, sexually explicit, or objectionable material.
- Post false, inaccurate, or intentionally deceptive material.
- Promote illegal activity or provide instructional information about illegal activities.
- Infringe the intellectual property, privacy, or other rights of third parties.
- Distribute unsolicited advertising, spam, chain letters, or pyramid schemes.
- Deliver malware, viruses, or other harmful software.
- Defame, harass, abuse, threaten, or incite violence against others.
- Collect or store others’ personal data without consent.
- Impersonate any person or entity or provide false credentials for any purpose.
- Violate the law in any other manner.
We reserve the right to delete or modify any content on the Site at our discretion.
4. Your Account
You are responsible for protecting your account credentials and restricting access to your account. You must contact us immediately if you believe an unauthorized third party has accessed your account.
We reserve the right to suspend or terminate your account if you provide false, inaccurate, or incomplete information, violate these Terms, or engage in activities that violate applicable laws or harm other users.
5. User Content
The Site may allow you and other users to post, link, store, share and otherwise make available content like reviews, forum posts, photos, videos, audio files, and other materials (“User Content”).
You retain ownership of your User Content. By posting User Content, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, and distribute your User Content in order to operate the Site.
You represent and warrant you have all rights necessary to grant us this license for any User Content you post, it will not violate third-party rights, and it conforms to our content policies. We take no responsibility for and do not expressly or implicitly endorse any User Content.
We reserve the right to delete or modify User Content at any time without notice.
6. Purchases and Payments
If you wish to purchase products on the Site, you will be asked to provide certain information relevant to the transaction, including contact details, payment information, and shipping information. Accurate information allows us to process your transactions smoothly.
All transaction details provided through the Site are transmitted through secure SSL connections to protect your information. We do not store payment card information.
Payments are processed by third-party merchant and payment processors like Stripe and PayPal. You must abide by their applicable terms and conditions.
Product pricing and availability are subject to change at any time without notice. Posted prices do not include applicable taxes and shipping charges, which will be added to your total at checkout.
When you make a purchase, you are responsible for reviewing the order and notifying us of any inaccuracies prior to confirmation. All sales are final. Please refer to the refund policy for details about returns and exchanges.
7. Shipping and Delivery
We will arrange shipment of purchased products to you using the shipping method selected during checkout. Shipping costs will be clearly displayed during checkout based on weight, dimensions, and destination.
We will make reasonable efforts to deliver your order according to estimated timeframes, but cannot guarantee delivery by a specific date. Delays may occur due to limited stock, customs issues, carriers, holidays, or other unforeseen circumstances.
Damaged, defective, incorrect, or undelivered goods should be reported as soon as possible. Please refer to the refund policy for directions on how to notify us of issues.
You are responsible for providing an accurate and complete shipping address, checking received items for defects or damage, and delays caused by customs.
8. Contests and Sweepstakes
Periodically, we may run contests, sweepstakes, or other promotions on the Site. Each promotion will have specific rules published with the promotion details. You must comply fully with the applicable contest rules to participate. Please contact us if you have any questions about the rules for a specific promotion.
9. Indemnity
You indemnify us against any claim, damage, loss, or expense arising from your use of the Site, Services, or User Content, violation of these Terms, or infringement of any intellectual property or other right.
10. Disclaimers and Limitations of Liability
The Site and Services are provided on an “as is” basis without warranty of any kind. We disclaim all express, implied, and statutory warranties including warranties of merchantability, fitness for a particular purpose, noninfringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.
We do not endorse any Site content, User Content, products, services, advertising, information, or other materials on the Site or accessible from it.
We will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary loss or damage arising from your use of the Site or Services, including lost revenue, lost profits, loss of data, loss of goodwill, service interruption or cost of substitute services.
In no event will our total aggregate liability for any claims related to the Site or Services exceed one hundred dollars ($100). You understand we would not be able to offer the Site or Services without these limitations of liability.
The disclaimers and limitations above apply regardless of the theory of liability, whether under contract, tort, strict liability or otherwise, and even if we are notified of the possibility of damages.
11. Privacy Notice
Please refer to our Privacy Policy for information about how we collect, use, and share your personal information.
12. Modifications to the Terms
We reserve the right to revise these Terms by posting an updated version. Your continued use of the Site or Services constitutes acceptance of the updated Terms. You should periodically check the Site for updates.
For significant changes, we will attempt to notify you through the Site or by email. You are free to decline updated Terms by discontinuing use of the Site and closing your account, if applicable.
13. Governing Law
These Terms are governed by the laws of the United Kingdom without regard to conflict of laws principles. You consent to the personal jurisdiction and exclusive venue of the courts located in the United Kingdom.
14. Feedback
Any comments or materials sent to us through the Site, including feedback data, questions, comments, suggestions, and the like, will be treated as non-confidential and non-proprietary. You grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such submissions for any purpose.
15. Reporting Copyright and Other IP Violations
If you believe content on our Site violates your copyright, trademark, or other IP rights, please provide a notice to our agent containing the following details:
- Your name and contact information
- Description of the copyrighted work or other IP
- Description of the allegedly infringing content and its location
- Explanation of why you believe the content infringes your rights
- Statement confirming the accuracy of the notice
- Signed physical or electronic signature
Copyright notices should be sent to:
Tonka Toys
IP Infringement Reporting
123 Main St., Mound, MN 55364
copyright@tonkatoys.co.uk
We only process valid notices. Providing false or misleading information that causes injury or other damage may result in civil and criminal liabilities.
16. Contact Us
Please send any questions or comments about these Terms and Conditions to:
Tonka Toys
123 Main St., Mound, MN 55364
support@tonkatoys.co.uk
Effective Date: January 1, 2023
