GENERAL CONDITIONS OF SALE AND USE
This web site is operated by Kids Design The World. Throughout the site, the terms “we”, “us”, “us” and “our” refer to Kids Design The World. The company Kids Design The World offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/or purchasing one of our products, you agree to the following terms and conditions (“General Terms and Conditions of Sale”, “General Terms and Conditions of Sale and Use”, “Terms”, “Conditions”), including any additional terms, conditions and policies referenced herein and/or accessible by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users browsing the site, who are vendors, customers, merchants and/or content contributors.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you should not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
All new features and tools that are subsequently added to this store will also be subject to these General Terms and Conditions of Sale and Use. You can consult the most recent version of the General Terms and Conditions of Sale and Use on this page at any time. We reserve the right to update, change or replace any part of these General Terms and Conditions of Sale and Use by posting updates and/or modifications on our website. It is your responsibility to check this page regularly to see if changes have been made. Your continued use or access of the website after changes are posted constitutes your acceptance of the changes.
Our store is hosted by Shopify Inc. and they provide us with the e-commerce platform that allows us to sell our products and services to you.
By agreeing to these General Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any dependent minor to use this website.
Use of our products for any illegal or unauthorized purpose is prohibited, nor may you, in connection with your use of the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You may not transmit worms, viruses or other destructive code.
Any breach or violation of these General Terms and Conditions of Sale and Use will result in immediate termination of your Services.
ARTICLE 2 – GENERAL TERMS AND CONDITIONS
We reserve the right to deny access to the Services to anyone at any time for any reason.
You understand that your content (excluding credit card information) may be transferred in unencrypted form, and this involves (a) transmissions over various networks; and (b) changes to meet and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our express prior written consent.
The headings used in this agreement are included for your convenience, and shall not limit or affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We shall not be liable if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for informational purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain background information. This prior information, by its nature, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – CHANGES IN SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (and any part or content of the Service) at any time without notice.
We will not be liable to you or any third party for any price change, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may only be available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have made every effort to display as clearly as possible the colors and images of our products that appear in our store. We cannot guarantee that the display of colors on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and prices may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue offering a product at any time. Any service or product offer presented on this site is void where prohibited by law.
We do not warrant that the quality of all products, services, information or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, credit card, and/or orders using the same billing and/or shipping address. In the event we change an order or cancel an order, we may attempt to notify you by contacting you by email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be from dealers, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed at our store. You agree to update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
For more details, please see our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control, oversight or influence.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or related to your use of these optional third party tools.
If you use any of the optional tools available on the Site, you do so at your own risk and discretion, and you should review the terms and conditions under which such tools are offered by the relevant third party providers.
We may also, in the future, offer new services and/or features on our Site (including new tools and resources). These new features and services will also be subject to these General Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD PARTY LINKS
Some content, products and services available through our Service may include third party elements.
Third party links on this site may redirect you to third party websites that are not affiliated with us. We have no obligation to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any liability or responsibility for any content, website, product, service or other item accessible on or from these third-party sites.
We are not liable for any damages or injury related to the purchase or use of goods, services, resources, content or any other transactions conducted in connection with these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Complaints, grievances, concerns or questions regarding these third parties’ products should be submitted to these same third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER FEEDBACK FROM USERS
If, at our request, you submit specific content (for example, to enter contests), or if, without our request, you submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “comments”), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments you submit to us. We are not and will not be required (1) to maintain the confidentiality of Comments; (2) to pay compensation to anyone for any Comments you provide to us; (3) to respond to Comments.
We may, but are under no obligation to, monitor, modify or remove content that we believe, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of any third party, including copyright, trademark, confidentiality, personality or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, defamatory, offensive or obscene content, or contain computer viruses or other malicious software that may in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or any third party as to the origin of your comments. You are solely responsible for all comments you post and for their accuracy. We assume no responsibility or liability for any comments you post or any other third party postings.
SECTION 10 – PERSONAL INFORMATION
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
There may be information on our site or in the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any related website is inaccurate, at any time without notice (including after you have placed your order).
We are not obligated to update, modify or clarify information on the Service or any related website, including but not limited to pricing information, except as required by law. Any update date defined on the Service or any other associated website should not be relied upon in concluding that information on the Service or any other associated website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the Site or its content: (a) for unlawful purposes; (b) to induce or participate in unlawful acts by third parties; (c) to violate any regional order or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, injure, defame, slander, libel, denigrate, intimidate or discriminate against any person on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to present false or misleading information; (g) upload or transmit viruses or any other malicious code that is or may be used in a manner that compromises the functionality or operation of the Service or any associated, independent or Internet website; (h) collect or track the personal information of third parties; (i) spam, phish, hijack a domain, extract information, browse, scan or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or circumvent the security measures of our Service, any other website or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or represent in any way that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time without notice.
You expressly agree that your use of the Service, or your inability to use the Service, is at your sole risk. The Service and all products and services provided to you through the Service (unless expressly stated by us) are provided “as is” and “as available” for your use, without representation, warranty and condition of any kind, express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title and non-infringement.
Kids Design The World, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors shall in no event be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs or similar damages, whether in contract, tort (including in negligence), strict liability or other liability resulting from your use of any service or product of this Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind resulting from your use of the Service or any content (or product) posted, transmitted or made available via the Service, even if you have been advised of the possibility that this may occur. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and hold Kids Design The World, our parent, subsidiaries, affiliates, partners, officers, directors, principals, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, apprentices and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your violation of these Terms and Conditions of Sale and Use or the documents they refer to, or your violation of any law or the rights of a third-party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these General Terms and Conditions of Sale and Use shall be deemed unlawful, void or unenforceable, such provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these General Terms and Conditions of Sale and Use, such severability shall not affect the validity and enforceability of all other provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement for all purposes.
These General Terms and Conditions of Sale and Use are effective unless and until terminated by you or otherwise. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we determine, in our sole discretion, that you are failing, or if we suspect that you have failed to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without giving you prior notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use or any other policies or operating rules we post on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Sale and Use).
Any ambiguity as to the interpretation of these Terms and Conditions of Sale and Use shall not be construed to the detriment of the drafting group.
ARTICLE 18 – APPLICABLE LAW
These General Terms and Conditions of Sale and Use, as well as any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws in force in Delaware.
ARTICLE 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You may view the most current version of the General Conditions of Sale and Use on this page at any time.
We reserve the right, at our sole discretion, to update, modify or replace any part of these General Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use or access of our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION