Last updated: March 1, 2023
Introduction
Welcome to Hero Force® Toys!
These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Hero Force® Toys (“we,” “us”) concerning your access to and use of the heroforce.shop website as well as any related applications (the “Site”).
The Site provides an online store for purchasing Hero Force® branded toys and merchandise. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Site.
Any new features or tools which are added to the Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Section 1 – Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
Section 1.1 – Placing Orders
When you place an order for a product or service through the Site, you agree to pay the advertised price as well as any applicable taxes and shipping costs. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to:
- Product or service availability
- Errors in the description or price of the product or service
- Errors in your order
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Your order confirmation will be sent to the email address you provided during checkout. It is your responsibility to ensure the order confirmation clearly outlines your purchase details, pricing, and estimated delivery timeframe. You are responsible for notifying us of any order errors within 24 hours of order confirmation. Beyond 24 hours, we reserve the right to refuse or cancel an order with errors.
Once your order has shipped, we are unable to make changes or issue refunds. Sale items are final purchase.
Section 1.2 – Pricing and Availability
Prices for our products are subject to change without notice. We cannot confirm the price of a product until you order.
We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site.
Section 1.3 – Payment Methods
All transactions are processed through third-party payment processors. We do not directly process or store your credit card data.
You agree to pay all charges incurred for purchases made through the Site, including shipping fees, taxes, and other charges like gift wrapping fees. Credit card transactions are subject to validation checks and authorization by the card issuer. If the issuer does not authorize the payment, we will not be liable for any delay or failure to deliver the products or services.
Section 1.4 – Shipping and Delivery
We will arrange for shipment of ordered products to you. Please check the individual product page for specific delivery options.
You assume the risk of loss upon shipment of the product to you. Shipping dates are estimates only and subject to change due to reasons outside of our control like weather, natural disasters, and delays by shipping carriers. We are not liable for any loss, damage, or penalty resulting from a delay in shipment.
You may be charged additional fees for shipping heavy or oversized items which require special handling by the carrier. You will be notified of any special shipping fees or delays before we process payment.
If the products are damaged in transit, you must notify us within 3 calendar days of delivery. Failure to meet this timeline waives your right to request a refund or replacement.
Section 1.5 – Returns and Refunds
If you are not fully satisfied with your purchase, you may request a refund within 30 calendar days of the delivery date. To be eligible for a return, the product must be unused and in the same condition you received it. It must also be in the original packaging.
Several types of goods are exempt from being returned or refunded. Perishable goods such as food cannot be returned. We also do not accept returns for intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
To complete the return, please email our customer service team at [email protected]. You will be responsible for paying associated shipping costs.
Refunds will be issued to the original payment method used at the time of purchase. Please allow 5-10 business days for refund processing. Sale items are final purchase and cannot be returned or refunded.
Section 1.6 – Promotions
Promotional codes cannot be applied to previous purchases. Only one promotional code may be used per order.
We reserve the right to modify or cancel any promotion at any time without notice. Promotions are non-transferable and cannot be resold. The cash value of promotional offers is not redeemable for cash.
Expired promotional codes cannot be applied to purchases. Promotional codes may expire before the posted expiration date if redemption limits are met.
You agree to only use promotional codes for their intended purposes. We reserve the right to cancel orders and void promotional codes if we suspect they are being used in an unauthorized or fraudulent manner.
Section 2 – General Conditions
Section 2.1 – Your Account
When you create an account with us, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
You must notify us immediately of any breach of security or unauthorized use of your account.
Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Hero Force® Toys or others due to such unauthorized use.
You agree not to create an account or use the Site if you have been previously removed by us, or if you have been previously banned from any of our related Sites.
Section 2.2 – Your Content
You retain ownership of any original content you create and post on the Site. You agree to grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content throughout the world in any media.
You grant Hero Force® Toys and sublicensees the right to use the name that you submit in connection with such content, if we or they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify Hero Force® Toys for all claims resulting from your content.
Section 2.3 – Copyright and Content Ownership
The Site and its original content, features and functionality are owned by Hero Force® Toys and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may not modify, copy, reproduce, republish, frame, upload, post, transmit or distribute in any way any material from the Site, including code and software. You must retain all copyright and other proprietary notices contained in the original Site content on any copy you make of the material.
You may not sell or modify our products or reproductions without our express written consent.
Section 2.4 – User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to us in connection with your use of this Site shall be considered non-confidential and our property.
We will be free to use such comments, feedback, suggestions, ideas, and other submissions without any restriction or payment.
By providing such comments, feedback, suggestions, ideas, and other submissions to us, you assign to us all worldwide rights, title and interests in copyrights and other intellectual property rights to the full extent of such rights in perpetuity.
Section 2.5 – Indemnification
You agree to indemnify, defend and hold harmless Hero Force® Toys and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of:
- Your content;
- Your use of the Site;
- Your violation of these Terms;
- Your violation of any rights of another person or party; or
- Any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, scareware or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Hero Force® Toys reserves the right to exclusively defend and control any claims or actions arising from the above and any such indemnification matters at your sole expense. You agree to cooperate fully with us in defending such claims or actions.
Section 2.6 – Disclaimer
Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that:
- The Site will meet your requirements;
- The Site will be available on an uninterrupted, timely, secure, or error-free basis;
- The results that may be obtained from use of the Site will be accurate or reliable;
- The quality of any products, services, information or other material obtained by you through the Site will meet your expectations; or
- Any errors in the Site will be corrected.
You understand and agree that any content downloaded or otherwise obtained through the use of our Site is done at your discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such content.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers of warranties in this section may not apply to you.
Section 2.7 – Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Hero Force® Toys, our affiliates, directors, officers, employees, agents, contractors, interns, suppliers, service providers or licensors be liable for:
- Any indirect, incidental, special, consequential, punitive, reliance or exemplary damages, including without limitation damages for loss of profits, goodwill, use data, opportunity costs, intangible losses, or the cost of substitute services (even if we have been advised of the possibility of such damages); or
- Your content or the defamatory, offensive, or illegal conduct of any third party.
These limitations shall apply regardless of the legal grounds for the claim and even if any remedies fail of their essential purpose.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.
Section 2.8 – Termination
The obligations and liabilities you incur prior to termination and the indemnification provisions outlined above shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by discontinuing use of the Site and destroying all materials obtained from the Site.
We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Section 2.9 – Governing Law
These Terms and any dispute or claim arising out of or related to them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the state courts located in the State of Delaware.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Section 2.10 – Class Action Waiver
Any dispute, controversy or claim related to these Terms or the Site shall be resolved solely on an individual basis without resort to any form of class action.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, mass or representative action.
If for any reason a claim or dispute proceeds in court rather than in arbitration, you agree that there will not be a jury trial. You unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating in any way to these Terms or the Site. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.
Section 2.11 – Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice. If a revision is material, we will try to provide reasonable notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
It is your sole responsibility to periodically check this page for any changes. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Site.
Section 2.12 – Contact Us
If you have any questions about these Terms, please contact us at:
Hero Force® Toys
123 Hero Way
Herotown, DE 12345
United States
Email: [email protected]
Section 2.13 – Entire Agreement
The Terms constitute the sole and entire agreement between you and Hero Force® Toys regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Conclusion
Thank you for reading our Terms and Conditions. By using our Site, you agree to be bound by these Terms. If you have any questions, please contact our support team for clarification. We look forward to providing you with an excellent customer experience!