Please read these terms and conditions carefully before using this web site. Your use of this web site confirms your unconditional acceptance of the following terms and conditions. Please do not use this web site, if you do not accept these terms and conditions.
Products, Content and Descriptions. All descriptions, features, item details and prices of products and services, described or shown on this website are subject to change at any time without prior notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this website at a particular time does not guarantee that these will be available at any time. It is the web browser’s responsibility to find out and to obey all applicable laws in regard to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Delivery limitations. When an order is placed, it will be delivered to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
1. Accuracy of Information. Toby’s web team tries to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness and accuracy of any information on this site. We may edit information about price and availability without notice. While it is our standard procedure to confirm orders by email, call or text message, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or delivery of any order.
2. Use of this Web Site. The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are properties of Toby’s Sports and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
3. Linking to this website. Without prior written permission from Toby’s Sports, the following are prohibited:
a) Putting or managing any link from another website to any page on this website
b) Running or displaying this website or any material displayed on this website in frames or through similar means on another website
Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
4. Third Party Links. This website may contain links to websites that are not owned, operated or controlled by Toby’s Sports. If you use these links, you will leave this website. Toby’s Sports is not responsible for any content, materials or other information located on or accessible from any other website. Toby’s Sports does not endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Web Site, you do so entirely at your own risk.
5. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. If Toby’s Sports reasonably determines that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to solve or prevent the violation, including without limitation, the immediate removal from this website of the related materials. Toby’s Sports will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Toby’s Sports to disclose the identity of anyone posting such materials.
7. DISCLAIMERS. Your use of this site is at your risk. The materials and services provided in connection with this website are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Toby’s Sports does not warrant the accuracy or completeness of the materials or services on or through this website. The materials and services on or through this website may be out of date, and Toby’s Sports does not make any commitment or assumes any duty to update such materials or services.
â€¨All products and services purchased on or through this website are subject only to any applicable warranties of their respective manufactures, distributors and suppliers, if any. To the fullest extent permissible by applicable law, Toby’s Sports hereby disclaims all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this website. Without limiting the generality of the foregoing, Toby’s Sports hereby expressly disclaims all liabilities for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.
8. Limitations of liability. Toby’s Sports does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this web site or your downloading of any materials, from this website. In no event will Toby’s Sports, their respective officers, directors, employees, shareholders, affiliates, agents, successors, retail partners nor any party involved in the creation, production or transmission of this website be liable to any party for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
In the event of any problem with this website or any content, you agree that your sole solution is to cease using this website. In the event of any problem with the products or services that you have purchased on or through this web site, you agree that your solution, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this web site.
9. Revisions to these Terms and Conditions. Toby’s Sports may revise these Terms and Conditions at any time. You should visit this page from time to time to review the current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this website.
10. Termination. You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.
If you have any questions or comments, please contact our customer service.