Terms & Conditions
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. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
PRODUCTS, CONTENT AND SPECIFICATIONS.
All features, content, specifications, products and prices of products and services described or depicted on this Web site are subject to change at any time without 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 Web site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web site. By placing an order, you represent that the products ordered will be used only in a lawful manner
SHIPPING LIMITATIONS.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipped address is compliant with the shipping restrictions contained on this Web site. All purchases from this Web site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web 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.
ACCURACY OF INFORMATION.
Personalized Planet attempts to ensure that information on this Web site is complete, accurate and current. Despite our efforts, the information on this Web site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web site. For example, products included on the Web site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by e-mail, the receipt of an e-mail 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 shipment of any order.
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 Web site are either the property of, or used with permission by Personalized Planet 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 Web site 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.
TRADEMARKS
Certain trademarks, trade names, service marks and logos used or displayed on this Web site are registered and unregistered trademarks, trade names and service marks of Personalized Planet and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web site are the registered and unregistered trademarks, trade names and service marks of their respective owners, including Personalized Planet and its affiliates. Nothing contained on this Web site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web site without the written permission of Personalized Planet or such third party owner.
LINKING TO THIS WEB SITE
Creating or maintaining any link from another Web site to any page on this Web site without Personalized Planet's prior written permission is prohibited. Running or displaying this Web site or any material displayed on this Web site in frames or through similar means on another Web site without Personalized Planet's prior written permission is prohibited. Any permitted links to this Web site must comply will all applicable laws, rules and regulations.
THIRD PARTY LINKS.
From time to time, this Web site may contain links to Web sites that are not owned, operated or controlled by Personalized Planet or their affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web site. Neither Personalized Planet, nor any of their affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither Personalized Planet, nor any of their affiliates 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 Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web site, you do so entirely at your own risk.
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. In addition to any remedies that Personalized Planet may have at law or in equity, if Personalized Planet reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Personalized Planet may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web site of the related materials. Personalized Planet will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Personalized Planet to disclose the identity of anyone posting such materials.
USER INFORMATION
Other than personally identifiable information, which is subject to this Web site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. Personalized Planet, each of its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Personalized Planet may, but is not obligated to, monitor or review any User Communications. Personalized Planet shall have no obligations to use, return, review, or respond to any User Communications. Personalized Planet will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Personalized Planet retains the right to remove any or all User Communications that includes any material Personalized Planet deems inappropriate or unacceptable.
DISCLAIMERS.
YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE 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. NEITHER PERSONALIZED PLANET NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER PERSONALIZED PLANET NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PERSONALIZED PLANET HEREBY DISCLAIM 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 WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PERSONALIZED PLANET HEREBY EXPRESSLY DISCLAIM ALL LIABILITY 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. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY.
Personalized Planet 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 Web site. IN NO EVENT WILL PERSONALIZED PLANET, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE 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. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. 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 REMEDY, 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.
REVISIONS TO THESE TERMS AND CONDITIONS.
Personalized Planet may revise these Terms and Conditions at any time by updating this posting. You should visit this page from time to time to review the then 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 Web site.
CHOICE OF LAW; JURISDICTION
These Terms and Conditions supersede any other agreement between you and Tys Toy Box to the extent necessary to resolve any inconsistency or ambiguity between them. This Web Site is administered by Tys Toy Box from its offices in New York. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site shall be brought only in the state or federal courts located in the State of New York. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
TERMINATION
You or we may suspend or terminate your account or your use of this Web site 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 Web site at any time without notice.
ADDITIONAL ASSISTANCE.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our customer service department at customerservice@personalizedplanet.com
PRIVACY POLICY
We are committed to making your online transaction safe, secure, and confidential to the highest standards available. Following are some relevant facts about how we treat your information. We do not share or sell data. We collect billing and shipping information in order to process your order and deliver it to its destination. This information is used only by Personalized Planet and the couriers we use for the purposes of fulfilling your order. Personal information collected through this site is used only for our internal purposes. We will not sell your personal information, or authorize third parties to use such information for any commercial purpose, without your prior consent.
PERSONAL INFORMATION
We do not automatically collect personal information such as your name, address, telephone number or e-mail address. Such information will be collected only if you provide it to us voluntarily in order to order products, enter a contest or promotion, or sign up to receive our e-Update newsletter. We don't require that any personal information be provided in order to view our website.
Information collected by Personalized Planet is used to:
- Allow you to order products, register for e-Update and participate in special promotions;
- improve the site by observing products that are most popular; and
- personalize the delivery of information and recommend products to you.
Your personal information may also be used to create statistics about Personalized Planet that we use to measure our performance. These statistics do not contain any information that could identify you personally. Personalized Planet does not sell your personal information to any organization for any purpose.
WHY DO WE SEND EMAILS?
We will send you email at regular intervals to ensure that you are always kept up to date on the status of your order. From time to time we send additional eflyers out to inform our customers of specials or promotions that they might be interested in. You can choose not to receive the eflyers by selecting this option in your account.
WE OFFER OPTIONAL REGISTRATION
We recommend that you register as a customer in order to take advantage of the many benefits of maintaining an account. Unlike many other sites, registration is not necessary for placing orders. We offer a "buy now" option, which only requires the basic information required to process your order. Please note that this will limit access to your order history and an address book.
CREDIT CARD INFO PROTECTED BY 128BIT SSL ENCRYPTION.
The security of your personal information is paramount. All Credit Card Transactions are completed using a 128 Bit SSL Encrypted Secure Transaction. As we transmit the information to the Bank's Secure SSL Server, they require a 128-bit transaction and will not process a transaction without one. Even though 40 or 56 Bit transactions are very secure, our Bank's insistence on 128 Bit SSL means that there is never any chance of your information every being intercepted or decoded.
PASSWORD PROTECTED ACCOUNTS
When you decide to register an account in order to take advantage of the address book, quick pay and order restoration features, your account information is secured by password protection assigned and maintained by you. If you forget your password, this information is only released to your specific e-mail address recorded in your account profile. It is not given out in any other situation without identity verification provided by you. The account information contains the billing and shipping addresses, phone numbers and e-mail address provided and maintained by you as well as your order history. Credit card information is not included in this file.
WE USE COOKIES
Like most advanced sites these days, Personalized Planet uses cookies to make your shopping experience the best it can be. No personal or credit card information is stored in these cookies and there is no risk to your privacy or security caused by this action. It is simply an identifier transferred to your system from ours that helps us manage your transaction. It remembers items in your basket and currency selections. You can choose not to use cookies if you like. We do not require cookies to process your order however the lack of the memory feature may cause some frustration in certain situations.
GETTING YOUR CONSENT
By using Personalized Planet you are consenting to the collection and use of personal and account information by Personalized Planet, for the purposes set out in this policy.
CHILDREN’S PRIVACY POLICY
Personalized Planet does not knowingly solicit or collect personally identifiable information online from children under the age of 13 without prior verifiable parental consent. If Personalized Planet learns that a child under the age of 13 has submitted personally identifiable information online without parental consent, it will take all reasonable measures to delete such information from its databases and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required or allowed by law). If you become aware of any personally identifiable information we have collected from children under 13, please contact us at customerservice@personalizedplanet.com or by calling 1-888-555-5555.
For additional tips on how to help children stay safe on the Internet, we recommend that you visit the following sites: