Terms and Conditions

Terms & Conditions

Please read the terms and conditions of use carefully before using the website:

Your use of the up-toys.com™ website is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using up-toys.com™ you indicate your acceptance of these Terms and Conditions.

Ownership

The up-toys.com™ website, its design, text, graphics, content, video, audio and the selection and arrangement thereof are the property of UP TOYS Ltd. ("UP TOYS") and are protected under the copyright laws of Canada and other countries. None of the content on the up-toys.com website in whole or in part may be reproduced, republished, distributed, displayed, sold, transferred or modified without the express written permission of UP TOYS®[KJ1] .

This website contains many of the valuable trademarks owned and used by UP TOYS® to distinguish its quality products and services. These trademarks and related proprietary property may not be used except with the express written consent of UP TOYS®. Nothing contained in up-toys.com should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the trademarks owned by UP TOYS®, except with the express written permission of UP TOYS® or such other party that may own the applicable trademarks.

Limitation of Liability

By agreeing to use this site and its information you agree that UP TOYS® (and its agents, officers, directors and employees) are not liable for damages of any kind that accompany or result from your use of the up toys.com™ website. UP TOYS makes no representation or warranty of any kind, express or implied, regarding up toys.com™ and/or any material or information provided on the website, all of which are provided on an "as is" and "as available" basis. UP TOYS® does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of up toys.com™ or any of the content or data found on the website and expressly disclaims all warranties and conditions.

UP TOYS® does not warrant that the function of the website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. UP TOYS® does not warrant or make any representations regarding the use or the result of use of material on this site in terms of its correctness, accuracy, and reliability or otherwise.

UP TOYS® is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failure or circumstance affecting, disrupting or corrupting communications.

UP TOYS® assumes no responsibility and shall not be liable for any damage to, or viruses that may affect your computer equipment or other property on account of your access to or use of up-toys.com or your downloading of any material, data, text, images, video or audio from up toys.com™. In no event shall UP TOYS® be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind arising out of or in any way connected with the access to or use of up toys.com™ or content found therein.

Restrictions on Use of the up toys.com™ Website

The up toys.com website may not, in whole or in part, be copied, distributed, republished, uploaded, posted, reproduced or transmitted in any way without the prior written consent of UP TOYS®.

You may download, display and print material presented on the up toys.com website for your personal, non-commercial use only, provided you don't delete or change any copyright, trade mark or other proprietary notice.

You are prohibited from contributing, posting or transmitting any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

UP TOYS® reserves the right to limit quantities, refuse orders, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if UP TOYS® believes that customer conduct violates applicable law or is harmful to the interests of UP TOYS® or any Third Parties.

All sizes quoted are approximate and colors shown in pictures/videos may vary, as UP TOYS® products are handcrafted and uniquely designed for your child. 

In its sole discretion, in addition to any other rights or remedies available to UP TOYS® and without any liability whatsoever, UP TOYS®  at any time and without notice may terminate or restrict your access to any component of up toys.com.

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to UP TOYS® through or by reason of this site by email or otherwise (collectively the "Submission") will forever be the property of UP TOYS®. If you provide UP TOYS® with a Submission you grant UP TOYS® a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works for, distribute and display such Submission throughout the world in any media, now known or hereafter developed, and you waive all moral rights in the Submission. You also grant UP TOYS® the right to use the name you submit with the Submission, if any, in connection with UP TOYS's rights hereunder.

Children

Individuals under the age of 18 may use the services provided by UP TOYS® only in conjunction with and under the supervision of a parent or legal guardian, as permitted by the laws of your jurisdiction. The parent or legal guardian is responsible for ensuring that you and your child are aware of, understand, and comply with these Terms & Conditions. You shall at all times be responsible and liable for all activities conducted and items obtained through our website and social media, including without limitation, all activities which may be conducted and/or items which may be obtained by your child.

Privacy 

You have read the UP TOYS® Privacy Statement, the terms of which appear on up toys.com™, and are incorporated into these Terms and Conditions, and agree that the terms of such Privacy Statement are reasonable. You consent to the use of your personal information by UP TOYS® and / or third parties in accordance with the terms of and for the purposes set out in the UP TOYS® Privacy Statement.

Links

The up toys.com™ website may contain links to other websites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by UP TOYS® of the linked website or information contained therein. UP TOYS® is not responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites.

Pricing

Prices posted on up toys.com™ may differ from those in third-party websites.

up toys.com™ may offer limited-time sales and special promotions. Due to competitive market pressures, prices are subject to change. UP TOYS® reserves the right to correct, at any time, any pricing errors. Prices listed on our website are exclusive to on-line purchases only. All orders must be paid for in advance by credit card. All prices will be in Canadian dollars. 

Shipping

Canadian shipping throughout all Canadian provinces excluding territories is included in the price of the items. An additional $25 will be charged for orders to mainland United States. Shipping will be 10-15 business days within Canada and 15-20 business days within mainland United States, unless there are unforeseen circumstances beyond our control that delay the shipment. We do not ship to other countries beyond Canada and the United States at this time.  

Orders

Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, product unavailability, or for any other reason. We have the right to refuse or limit any orders and limit quantities. We will not be liable if a product is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar products to fulfill your order. 

Returns and Refunds

We want you to love your uniquely handcrafted product, but if for any reason you’re not satisfied with the products purchased through our up-toys.com website,  please contact us at info@up-toys.com. Include your order number and reason for return or exchange within 30 calendar days of purchase. Please keep all original packaging. We gladly accept most returns by mail; however, we reserve the right to decline returns or exchanges based on our discretion. If UP TOYS® and the buyer agrees and enters into a return and refund agreement, the buyer agrees to ship the product in the same condition received and undamaged in any way. After we receive your item, our team of professionals will inspect it and process your refund to the original payment method used during purchase. Some refunds may take up to 10 business days for a refund to show up on your bank statement, depending on the buyer’s financial institutions terms. Shipping and delivery fees are non-refundable. All product exchanges will be processed and shipped to you within seven (7) business days after we receive your returned items. Please note that all personalized items are final sale.  

Damaged Products

We strive to provide our customers with high quality toys and test each product individually before we ship, but if you receive a damaged or incomplete shipment of UP TOYS® products, please e-mail us at info@up-toys.com within seven (7) business days. Include your order number and reason for return or exchange. Please keep all original packaging. If UP TOYS® and the buyer agrees and enters into a return and refund agreement, the buyer agrees to ship the product in the same condition received and undamaged in any way. After we receive your item, our team of professionals will inspect it and process your refund to the original payment method used during purchase. Some refunds may take up to 10 business days for a refund to show up on your bank statement, depending on the buyer’s financial institutions terms. Shipping and delivery fees are non-refundable. All product exchanges will be processed and shipped to you within seven (7) business days after we receive your returned items. 

Risk of Loss

Any products purchased from UP TOYS® are delivered to you by a third-party delivery company, pursuant to a shipping contract. The risk of loss for such products pass to the purchaser at the time of delivery by UP TOYS® to the third-party shipper.

Modification

UP TOYS® reserves the right to, without notice, change the up toys.com™ website, including the Terms and Conditions of use of up toys.com™. Please check this page periodically for changes. Your use of up toys.com™ will be conditional upon your acceptance of the Terms and Conditions in force at the time of your use.

Indemnification

You shall indemnify and save harmless UP TOYS®, its officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of up toys.com™.

Relationships

The relationship between UP TOYS® and you will be that of independent contractors and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or use of up toys.com™.

Governing Law

These Terms and Conditions and the performance of the obligations and enforcement of the rights herein shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of up toys.com™ and these Terms and Conditions.

Severability

These Terms and Conditions are severable. In the event any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions.

Headings

The headings used in these Terms and Conditions are included for convenience only and do not limit or otherwise affect the Terms and Conditions.

Entire Agreement

These Terms and Conditions, together with those incorporated or referred to herein constitute the entire agreement between us relating to the subject matter hereof and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter and may not be amended or modified except in writing or by UP TOYS® making such amendments or modifications available to it pursuant to the Terms and Conditions.