Car Toys Online Terms and Conditions
All consumers are welcome to browse our site without giving us any personal information. Car Toys, Inc. (“Car Toys”) does have to collect personal data such as email, address, and phone number when an order is placed. Wireless orders will require additional personal credit information to be able to receive credit approvals from the wireless carrier selected in the order process.
Car Toys only uses the personal information collected to complete orders placed on CarToys.com. During checkout, there will be an option to allow Car Toys to send promotions to the email address provided. All customer data, including email addresses, will be stored in a secured database and it will not be sold to another company. Car Toys reserves the right to provide user information, including email, to third parties as required by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter.
Car Toys does share customer data with certain third parties, including UPS, FedEx, United States Postal Service, product manufacturers, product warehouses, merchant account (for credit card processing), PayPal, and Google Checkout among others, to complete a purchase transaction. No personal credit information will be released to such third parties.
Note about Car Audio Products:
Some car audio modifications can adversely affect the electrical and/or Engine Control Modules of a vehicle. Car Toys highly recommends having professional installation on all products. Car Toys is not responsible for any adverse effects resulting from car audio modifications.
Note about Accuracy of Product Descriptions:
CarToys.com makes every effort to accurately describe all products listed on our website. However, Cartoys.com cannot guarantee correctness. It is advisable to check vehicle and part specifications before purchase to determine if the potential part(s) will properly fit the intended vehicle. CarToys.com provides a “Car Fit Guide” feature on its website to assist in making this determination. If you have ANY questions, please do not hesitate to contact us for assistance. Cartoys.com is not responsible for misprints, and/or changes/variations made by vehicle and/or product manufacturers.
Car Toys continually strives to exceed our customer's expectations. If for any reason you are not satisfied with your purchase from Car Toys, eligible products may be exchanged or returned within 30 days of the original purchase date, subject to certain exceptions detailed below. In order to receive a full refund or credit, Car Toys requires that the returned merchandise be in new, complete and original condition. Car Toys reserves the right to deny any return or exchange.
- Car Electronics:
All Car Audio and Video items must be returned within 30 days of purchase in brand new condition and 100% complete - with all parts, manuals and packaging materials, and the original proof of purchase receipt.
All Portable Navigation, Radar Detectors and Portable Video Products in brand new, resalable condition (with original box, packing materials and all accessories) may be returned for credit or refund within 5 days of purchase when bought in one of our stores; and within 14 days from the date of purchase when purchased online at CarToys.com.
- Wireless Phone Returns or Exchanges:
All AT&T wireless phone purchases must be returned or exchanged with the box, manual and accessories within 14 days of purchase.All T-Mobile phones must be returned within 14 days, and include all equipment, box, manual and accessories. For exchanges, T-Mobile has a 30 day exchange period from the date of purchase for any defective units or handsets. All Verizon Wireless phone purchases must be returned/exchanged with the original box, unaltered UPC, manual and accessories within 14 days of purchase.
- Restocking Fee:
A restocking fee of at least 25% will be charged for merchandise returned without original packing materials, boxes and parts.
- Special orders may not be returned.
Due to the special nature of ordering non-stocked merchandise, special orders may not be returned for refund or credit. Special orders are covered under the manufacturer’s warranty. Deposits for special orders that Car Toys is unable to cancel are not refundable.
- Labor, delivery or installation services may not be refunded.
- Insurance Replacement merchandise is not returnable
This includes replacement dashes/bezels, ashtrays, armrests, special painting, glass repair, etc.
- Gift Cards
- Items that are damaged or abused
- Items that are missing accessories such as remote controls, cords and cables, original packaging
- Etched or otherwise personalized items
No refunds or exchanges will be given for unused gift cards or promotional cards. No cash will be issued for purchases made with a Car Toys Gift Card, promotional card or warranty redemption card. A store credit will be issued which is redeemable up to 90 days after issue.
Returning Mobile Phones & Devices with Plans:
Wireless phone customers should refer to their carrier service agreement and Car Toys secondary agreement concerning refunds, credit, and cancellation fees. When returning a mobile phone or device with a plan, you are responsible for ensuring that your service is canceled with the carrier. If you don't cancel your service, you may incur additional charges from your carrier. All carrier charges are your responsibility.
Additional Online Order Policies
The buyer is responsible for all shipping costs. If a product was shipped with FREE shipping and is later returned, [the return is subject to a $15.00 shipping fee (if the initial cost of shipping is greater than the fee, then the buyer would be assessed the full charge incurred for shipping). Shipping costs are non-refundable, and the buyer is responsible for all return costs associated with returning a product for refund or exchange.
If an item is shipped and the buyer refuses delivery or it is deemed undeliverable; the full shipping cost will be taken out of the refund.
All mailed returns require a Return Authorization Number (RA#). Contact us for a RA# before returning any items. Any items returned without a proper RA# may not be properly refunded or credited. Car Toys is not responsible for returns that do not have a proper RA#.
It is the buyers’ responsibility to make sure the delivery address is correct and that products delivered to the given address are safe and secure. The risk of loss and title for all items pass to the customer upon delivery to the carrier. CarToys.com is not responsible or liable for any damage or loss arising from shipment. All orders are shipped to the address provided in the order.
Car Toys assumes no responsibility for lost or stolen products. Car Toys strongly recommends that you or a representative be available for all deliveries. Car Toys’ customer service team will supply a tracking number for all orders, so that appropriate arrangements can be made.
Note: Since deliveries can be delayed, and shipping/packing mistakes may occur, it is highly advised that you wait until you have confirmed delivery of all parts before scheduling for an installation or beginning your own installation on a vehicle.
Items Damaged In Shipping:
Damage to products must be reported to us within 2 days from the delivery date in order to be considered for an exchange or refund.
Free Installation Offers
On products where Free Installation is offered, restrictions may apply. Free Installation comes with standard installation, but additional custom labor and parts, if needed, are extra. If other free items are attached to a product, like a back-up camera, installation will only be available for an additional charge unless stated otherwise.
By completing an order on the Car Toys website you agree to pay Car Toys in full and allow us to charge your credit card and/or PayPal account for any and all charges. These charges include (but are not limited to) cancelled order and restocking fees, return shipping and authorization fees, collections fees, all product costs and legal expenses incurred due to fraudulent activity, costs due to duplicate orders and/or component upgrades. If you feel there is an error with your payment please Contact us immediately.
The credit/debit card processing bank requires a 100% Address Verification System (AVS) match on all transactions. Car Toys will only ship products to the verified address that your bank has on file for your credit/debit card. It is important to note that when the AVS filter declines a transaction as the result of an AVS mismatch, the transaction is voided, but the authorization remains. This means that the card issuer (your credit card company/bank) is holding the authorized amount (not Car Toys); and this may show up as a pending credit on your available balance. The funds have not been paid out to us and the funds will appear in your available balance as soon as your bank releases the funds.
The home/billing address for users of PayPal must be verified with PayPal. Car Toys will only ship to a PayPal confirmed address.
Car Toys reserves the right to cancel any order at any time for any reason. If Car Toys cannot fulfill the order (e.g., item out of stock, suspicious or unconfirmed ship to address), Car Toys will cancel the order and refund any money collected accordingly. An online order confirmation does not signify that Car Toys has provided final acceptance of the order, nor does it confer that Car Toys has agreed to sell to you or ship the order to you.
Customer cancelled orders:
Order cancellations made before product is shipped are subject to a minimum 5% cancellation fee. This is to cover credit card, merchant account and bank fees that Car Toys is charged at the time of your purchase, as well as any fees associated with applying refunds. The banks and credit card companies charge Car Toys a per order fee PLUS a percentage of the order for each transaction. Car Toys does not get these fees back if you cancel an order, so Car Toys passes these fees on to you. Orders cancelled after product is shipped will be subject to our restocking fees PLUS all original shipping and return shipping fees.
Discount Codes/Coupons cannot used on sale items or combined with special promotions and/or free shipping deals unless specifically noted. Car Toys reserves the right to reverse any applicable discounts, offers and promotions if they are applied to sale/promo items or free shipping deals without our permission.
Car Toys reserves the right to change our policies without notice.
All products are covered by the manufacturer’s warranty. All manufacturers require product registration for warranty purposes. It is the customer/buyer’s responsibility to complete this product registration for proper warranty coverage. Please refer to the warranty paper work that is included within the product packaging or visit the manufacturer’s web site for more information.
The customer/buyer is responsible for any costs involved in obtaining warranty coverage.
CarToys.com Terms and Conditions
The CarToys.com website (the "Site") is an online information and ecommerce service provided by Car Toys. Its use is subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
1. Copyright, Trademarks, Licenses and Idea Submissions
The entire contents of the Site is owned or licensed property of Car Toys or its suppliers or licensors and is protected by copyright, trademark patent or other proprietary rights. Car Toys and its suppliers and licensors expressly reserve all intellectual property rights in all content on the Site. Products and company trademarks, service marks, and names mentioned in the Site are the trademarks of their respective owners. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
Car Toys grants you a limited license to access and make personal use of the Site and its content for noncommercial purposes only. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Car Toys a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to CarToys.com or Car Toys by all means and in any media now known or hereafter developed. You also grant to Car Toys the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against CarToys.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to CarToys.com or Car Toys.
2. Use of the Site
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. CAR TOYS PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY; AND CAR TOYS SHALL NOT BE LIABLE FOR ANY PRICING ERRORS, OR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. CAR TOYS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY:
IN NO EVENT WILL CAR TOYS BE LIABLE FOR:
I). ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE. EVEN IF CAR TOYS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR II). ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, CAR TOYS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Car Toys makes no representations whatsoever about any other website which you may access through CarToys.com or which may link to CarToys.com. When you access a non-CarToys.com website, please understand that it is independent from CarToys.com, and that CarToys.com has no control over the content on that website. In addition, a link to a CarToys.com website does not mean that CarToys.com endorses or accepts any responsibility for the content, or the use, of such website.
You agree to indemnify, defend and hold harmless CarToys.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions (including negligent or wrongful conduct) by you or any other person accessing the Site.
4. Unlawful or Prohibited Uses
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms and Conditions. As a condition of your use of this Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. YOU MAY NOT:
- Make any commercial use of the Site or its content, including making any use of any product listings, descriptions, prices, or images;
- download, copy, or transmit any content for the benefit of any other merchant;
- use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Car Toys or generally publicly available browsers;
- frame, mirror, or use framing techniques on any part of the Site without Car Toys’ express prior written consent;
- make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms and Conditions;
- use any meta tags or any other hidden text utilizing Car Toys’ name or marks;
- misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
- use a buying agent to conduct transactions on the Site;
- conduct fraudulent activities on the Site;
- violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mail-bombing," or "crashing"; or (v) forging communications on behalf of the Site (impersonating the Car Toys website) or to the Site (impersonating another user);
- send unsolicited or unauthorized email on behalf of Car Toys, including promotions and/or advertising of products or services;
- tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
- use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
- harvest or collect personally identifiable information about other users of the Site;
- restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
- use the Site to advertise or offer to sell or buy any goods or services without Car Toys' express prior written consent;
- reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
- modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or
- remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
5. Third Party Rights
The provisions of paragraphs 2 (Use of the Site) and 3 (Indemnification) are for the benefit of Car Toys and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
6. Jurisdictional Issues
The Site is controlled and operated by Car Toys from the United States, and is not intended to subject Car Toys to the laws or jurisdiction of any country or territory other than that of the United States. Car Toys does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
7. Termination and Modification
These Terms and Conditions may be terminated or modified by Car Toys without notice at any time for any reason. Any modification shall be effective upon posting of the modified Terms and Conditions on the Site. You agree to review the Terms and Conditions periodically to be aware of such modifications and your continued access or use of the Site shall be deemed as conclusive acceptance of the modified Terms and Conditions. You agree that Car Toys shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms and Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
These Terms and Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Car Toys with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms and Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms and Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms and Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
These Terms and Conditions shall all be governed and construed in accordance with the laws of the State of Washington applicable to agreements made and to be performed in Washington. You agree that any legal action or proceeding between Car Toys and its affiliates and you for any purpose concerning these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the state of Washington. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. CarToys' failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. CarToys may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
Car Toys is not obligated to honor any price or product misprint on the Site or its affiliated web sites.
All rights reserved.
Copyrighted 2014 Car Toys, Inc.
20 W Galer St, Seattle, WA 98119