The Tek Nek Toys website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Tek Nek Toys website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Tek Nek Toys reserves the right to change the terms, conditions, and notices under which the Tek Nek Toys website is offered, including but not limited to the charges associated with the use of the Tek Nek Toys website.

CHILDREN AND MINORS

This Tek Nek Toys website is not intended for use by anyone under the age of 13. By using this website you implicitly agree that you are 18 or older. Persons between the ages of 13 and 17 agree to access the site with the consent and supervision on a parent or guardian. Persons must be at least 18 years of age to create an account, make a purchase, or submit content on this website.

ELECTRONIC COMMUNICATION

By using this website you agree to receive communications from Tek Nek Toys electronically. Tek Nek Toys will communicate with you by e-mail or by posting notices on the site. You agree that all agreements, notices, disclosures, and other communications that Tek Nek Toys provides to you electronically satisfy any legal requirements that such communications be in writing.

TERMS OF SALE

Any order to purchase a product on this website is subject to the following terms and conditions:

  • All orders are subject to acceptance at Tek Nek Toys’ sole discretion. Tek Nek Toys reserves the right to refuse or cancel any order for any reason.
  • All orders are subject to availability. Tek Nek Toys does not guarantee the availability of any product listed on this website. Tek Nek Toys reserves the right to change or discontinue any product at any time.
  • All listed prices are subject to change. If Tek Nek Toys discovers an error in the price of a product you have ordered, we will inform you immediately and allow you to reconfirm your order at the correct price or cancel your order. In the case we’re unable to contact you we will automatically cancel your order and issue a full refund for any payment that may have already been made.
  • After placing an order on this website you will receive an email confirming receipt of your order. This email does not constitute acceptance of your order, only receipt of your order. Your order shall not be considered accepted until you receive a confirmation email informing you that the product you ordered has been shipped.
  • When you place your order we automatically carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be charged upon receiving authorization from your card’s issuing bank. These funds will be treated as a deposit against the total cost of your purchase. The charge to your card will be finalized upon shipment of the product to you, and the final charge will be listed in the shipment confirmation email.
  • To make a purchase on this website you must be at least 18 years of age and possess a valid credit card or debit card issued by a bank acceptable to us.
  • By placing an order on this website you represent and warrant that all information and details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the purchase (including the purchase price, shipping and handling costs, and applicable taxes).
  • Delivery times may vary according to availability and may be subject to delays due to causes beyond our control (such as bad weather, delays by carriers, etc.) for which we will not be responsible.
  • By placing an order on this website you represent and warrant that you are purchasing our product for your own personal, family or household use only, and not for resale except with the prior, express written approval from Tek Nek Toys. If you breach this warranty, we may terminate your account and cancel/reject all your orders.
  • Tek Nek Toys reserves the right to, from time to time, offer discounts/promo codes to customers for use toward their purchases on this website. Use of such discounts or promo codes is subject to the following terms and conditions:
    • Discounts/promo codes are valid for a limited time only. We may modify or cancel them at any time.
    • Discounts/promo codes apply only to qualifying items (as specified by us at the time of the applicable offer or promotion). Other restrictions may apply.
    • Discounts/promo codes can be used only once, unless otherwise specified.
    • Discounts/promo codes cannot be combined with other offers, unless otherwise specified.
    • Discounts/promo codes cannot be transferred or resold and are not redeemable for cash or credit.
    • Discounts/promo codes can only be used for purchases made on this Website, unless otherwise specified.
    • Discounts/promo codes cannot be applied toward previous purchases.
    • Discounts/promo codes do not apply to shipping or handling charges or applicable taxes.
    • If a discount/promo code has a minimum purchase requirement, shipping and handling charges and applicable taxes do not count toward the minimum purchase amount.
    • The entire value of a discount/promo code must be used in one single transaction. Refunds will not be given for any leftover value.
    • If you return an item purchased using a discount/promotion code, we will subtract the value of the discount/promotion code from your return credit or refund.
USER ACCOUNTS

By creating an account on this website you represent and warrant that all information and details you provide to us is your own and true and accurate. You are responsible for maintaining the accuracy of your account information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password.

LINKS TO THIRD PARTY SITES

This website contains links to other websites. These linked sites are not under the control of Tek Nek Toys and Tek Nek Toys is not responsible for the contents of any linked site. Tek Nek Toys is not responsible for any loss or damage incurred from your use of these links. Use of these linked sites is subject to the terms and conditions and privacy policies of those sites.

Tek Nek Toys provides these links only as a convenience and the inclusion of any link does not imply endorsement by Tek Nek Toys of the website or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Tek Nek Toys website, you warrant to Tek Nek Toys that you will not use the Tek Nek Toys website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Tek Nek Toys website in any manner which could damage, disable, overburden, or impair the Tek Nek Toys website or interfere with any other party’s use and enjoyment of the Tek Nek Toys website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Tek Nek Toys website.

USER CONTENT

Tek Nek Toys does not claim ownership of the materials you provide to Tek Nek Toys (including feedback and suggestions) or post, upload, input or submit to any Tek Nek Toys website or its associated services (collectively “submissions”). However, by posting, uploading, inputting, providing or submitting your submission you are granting Tek Nek Toys, its affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission.

No compensation will be paid with respect to the use of your submission, as provided herein. Tek Nek Toys is under no obligation to post or use any submission you may provide and may remove any submission at any time in Tek Nek Toys’ sole discretion.

By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

In compliance with the Digital Millennium Copyright Act (DMCA) (Title 17, United States Code), Tek Nek Toys will respond to proper notifications of claimed copyright infringement with respect to user content and will take appropriate action. Notifications of claimed copyright infringement should be sent to Tek Nek Toys’ Designated Agent as listed below and should include the following information:

  1. an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest,
  2. a description of the copyrighted work that you claim has been infringed,
  3. a description of where the material that you claim is infringing is located on the Site,
  4. your address, telephone number, and e-mail address,
  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

By mail:

Tek Nek Toys International, Inc.

ATTN: Chief Executive Office

1904 Industrial Blvd., Suite 100-101

Colleyville, TX 76034

By Phone:        (817) 329-6655

By Fax:             (817) 329-6699

By Email:         customerservice@teknektoys.com

If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information, or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Tek Nek Toys WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Tek Nek Toys AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Tek Nek Toys WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE Tek Nek Toys WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Tek Nek Toys AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Tek Nek Toys WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Tek Nek Toys AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Tek Nek Toys AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Tek Nek Toys WEBSITE, WITH THE DELAY OR INABILITY TO USE THE Tek Nek Toys WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Tek Nek Toys WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Tek Nek Toys WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Tek Nek Toys OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Tek Nek Toys WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Tek Nek Toys WEB SITE.

TERMINATION/ACCESS RESTRICTION

Tek Nek Toys reserves the right, in its sole discretion, to terminate your access to the Tek Nek Toys website and the related services or any portion thereof at any time, without notice.

INTERNATIONAL USE

Tek Nek Toys operates and provides this website in and from the United States of America and does not represent or warrant that this website or any Tek Nek Toys content is appropriate or available for use in locations outside the United States of America. If you access this website from a jurisdiction outside the United States of America, you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws applicable to your use of this website.

GOVERNING LAW

These Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, U.S.A., excluding its conflict of law provisions, and you hereby consent to the exclusive jurisdiction and venue of the courts located within Tarrant County, Texas.

TRADEMARKS AND COPYRIGHT

Any unauthorized use of Tek Nek Toys content may result in civil and/or criminal penalties.