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Terms and Conditions

Last Updated: May 2, 2020

Well, hi there!— Wow, you’re one of the .01% of people who actually read these things! Welcome to FunstructionToys.com. These Terms and Conditions apply to this website and all other online properties, including any services made through them (we call them, collectively, the “Site”) operated by Funstruction Toys LLC (to which we’ll refer to as “Funstruction Toys”, “FunstructionToys.com”, “us”, “we”, or “our” as is appropriate in the context of the use of these words). These types of documents can get pretty exciting reading, I know! : ) Actually, they’re pretty dense, so please accept our apologies in advance. We’ll try to keep it straightforward and simple to read and understand.

The use of this Site is subject to the following terms of use (the “Terms and Conditions”) and the conditions of our privacy policy, incorporated into these Terms. By visiting this website you acknowledge that you have read, understood and agree to these as well as any other terms, guidelines, or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, you should not use this website. Also, you should know that we reserve the right to update and revise these Terms at any time. We'll make sure to change the "Last Updated" date at the top of this page so you can tell if these Terms have changed since your last visit. Once we post any changes, your continued use of the Site constitutes your acceptance of the revised Terms. If you have any questions, please contact us at customercare@funstructiontoys.com.

What We Do

Funstruction Toys is a company that designs, manufactures, and sells toys for children between the ages of 3 and 13, ("Toys") and other toy- or child-related products (collectively, the "Products"). Our goal is to create toys that challenge and engage children to help them develop confidence, critical thinking, and other life skills.

Electronic Communication

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Our Intended Audience

This Site is intended for use by adults only, and is not intended for persons under the age of 18. You certify that you (a) are at least thirteen (13) years of age, and (b) that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party. If you are under 13 years of age, please do not use or access the site at any time or in any manner.

Our Intellectual Property and Its Value

Funstruction Toys is a labor of love and we value the fruits of that labor. All of the content that appears on the Site, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Site, and other materials, are the exclusive property of Funstruction Toys or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Site and the overall "look and feel" of the Site and Site (collectively the "Marks") are proprietary to Funstruction Toys, or the respective owners of such Marks. It is strictly prohibited to use this content: You may not display, reproduce, or otherwise use the content or materials on the Site, including the Marks, without first receiving written consent from Funstruction Toys specific for each such use. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Site. Further, scraping the Site or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Site is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. All goodwill generated from the use of our Marks must be for the good and benefit of Funstruction Toys.

If you would like to use any of the materials outlined in these Terms and Conditions, you may request authorization by contacting Funstruction Toys at corporate@funstructiontoys.com.

We Respect the Intellectual Property Rights of Others

If you believe that your copyright has been infringed on this site, please let us know. We will review all claims that we receive of copyright infringement. If we find that any content is in violation of applicable laws, we will remove it.

Our designated agent under the Digital Millennium Copyright Act for the receipt of any claimed infringement notifications is:

Copyright Agent, Funstruction Toys, 13 Technology Road, Nashua, NH 03060

To aid us in identifying any work that you believe constitutes a copyright infringement, please provide the following with your claim:

  • A description of the copyrighted material and the URL of the page on which it appears
  • Your contact details, including email address
  • Your statement that you have a good faith belief that our use of the work is not authorized
  • Your statement, made under the penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf
  • An electronic or physical signature of the copyright owner or person authorized to act on their behalf

Accounts and Related Data

We try to make our Site as easy to use as possible. You can maneuver most of the Site without creating an account ("Account"). Other features, however, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best service possible, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.

You should not share your Account information with anyone. This includes your user name and password. You may never use another person's Account or registration information for the Site without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so.

You can always delete your Account by emailing us at customercare@funstructiontoys.com

Payments and Shipping

PRICES

The prices displayed for Products available for purchase through the Site represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable), unless otherwise stated on the listing. Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Site are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.

PAYMENT

By submitting an order through the Site, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, known as a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted through the Site.

Refunds and Returns

If you need to consider a refund or return, it probably means you bought one of our products. First, THANK YOU! We love it when customers choose to buy one of our products. We strive to offer an exceptional customer experience. If we miss that mark for any reason, we will do everything we can to fix it. Please see our Return Policy and Leave You Smiling Guarantee by clicking here.

  • You may cancel an order at any time prior to shipment.
  • In most cases, your toy is covered by a limited, 1-year warranty (the "Funstruction Toys Warranty"). If there is an issue with your toy, then please review the Funstruction Toys Warranty and email us at customercare@funstructiontoys.com. The warranty is incorporated by reference into these Terms and Conditions. To the extent that there is a conflict between the terms of the Funstruction Toys Warranty and these Terms and Conditions, the terms of the Funstruction Toys Warranty will govern with respect to toys purchased from Funstruction Toys.
  • If you want to return your toy within the first 30 days after your receipt, please e-mail us at customercare@funstructiontoys.com to arrange a return.
  • Risk of loss and title for Toys purchased from Funstruction Toys pass to you upon delivery of such Toys to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. That said, we will always do our best to help you where we are able.

Professional Mechanisms

PROMOTIONAL CODES, COUPON CODES and DISCOUNTS

From time to time, Funstruction Toys may offer qualified consumers “promotional codes” or “coupon codes” or “discounts” through various means of promotional activities and communications (collectively referred to herein as “Offer Codes”). These Offer Codes are redeemable towards a purchase on FunstructionToys.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Funstruction Toys in its sole discretion. Only valid Offer Codes provided or promoted by Funstruction Toys will be honored at checkout. Offer Codes supplied or promoted by third parties unauthorized by Funstruction Toys (including any unauthorized third party websites) will not be considered valid. Each Offer Code promoted by Funstruction Toys is non-transferable and valid for single use on an item (or items) of merchandise as determined by Funstruction Toys, unless otherwise stated in an official Funstruction Toys offer. Offer Codes may not be combined and customers are limited to the use of a single Offer Code per order. Offer Codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the Offer Code must be entered in the ‘promotional code’ field at checkout. Funstruction Toys is not responsible for lost, stolen or corrupted Offer Codes or any unauthorized use of Offer Codes. Offer Codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any Offer Code will not be refunded or credited back if any or all of the merchandise is returned. Expiration dates may apply to each Offer Code. Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all of our Offer Code requirements will not be honored.

SPOKESPEOPLE

Funstruction Toys occasionally may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of Funstruction Toys. When you receive an Offer Code via a third party source, such as a radio or television host, spokesperson, writer, or influencer, please note that such individuals may have been compensated by Funstruction Toys for their statements.

User Content and Use of Information

We love hearing from you! This can be done via reviews, comments, photos or other content and communications on the Site. We welcome your participation. However, responsibility comes with that participation.

When you submit, distribute, transmit, or post any communications or any other material to Funstruction Toys (either through the Site; our pages on third party sites, such as Facebook, Instagram, and Twitter. Collectively known as "User Content", you represent and warrant that you hold all necessary right, title, and license to such materials (i.e., you own it or have the right to give it to us); that your submission of such materials to Funstruction Toys does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights – this basically means that you didn't take it from someone else without permission; and all User Content you provide is accurate, complete, up-to-date, and not misleading or false. Furthermore, you give Funstruction Toys a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Funstruction Toys to use your User Content to provide, promote, and improve the Site. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. If we do use your User Content in any of these ways, we appreciate it very much!

You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.

In addition to giving Funstruction Toys a license, you also give each user of the Site an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Site and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.

What all this means is that if you share something with Funstruction Toys, it’s still your and you keep ownership of it. You can continue to do anything you want with it, but you allow Funstruction Toys and other users to use your User Content as we see fit. If you don't agree to these conditions, please don't provide the materials to us.

Funstruction Toys reserves the right to block or remove content, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to Funstruction Toys in its sole discretion.

Rules of Conduct

  1. As a condition of use, you promise not to use the Site for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Site.
  2. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Site; (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate, (viii) upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies.
  3. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Site, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
  4. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
  5. All orders of our products must be for personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe that your purchase is not for personal use, we reserve the right to reject or cancel any order that you place.

Disclaimer

  1. You understand and agree that we have no control over, and no duty to take any action regarding:
    1. which users access the Site;
    2. what content you access via the Site;
    3. what effects the content may have on you;
    4. how you may interpret or use the content; or
    5. what actions you may take as a result of your exposure to the content.
  2. You release Funstruction Toys from all liability related to you acquiring or not acquiring content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

The following is legal and must be presented in all caps. Sorry about that!

THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNSTRUCTION TOYS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY FUNSTRUCTION TOYS OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, FUNSTRUCTION TOYS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.

Limitations of Our Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FUNSTRUCTION TOYS OR ANYONE REPRESENTING FUNSTRUCTION TOYS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SITE, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR FUNSTRUCTION TOYS’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FUNSTRUCTION TOYS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

You agree that Funstruction Toys, at its sole discretion, may terminate or suspend your access to and use of the Site (or any part thereof) at any time and for any reason whatsoever or no reason, including, without limitation, for lack of use by you or if Funstruction Toys believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Funstruction Toys reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Site (or any part thereof) without notice. You agree that Funstruction Toys and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Site. Your obligations under this Agreement shall continue even after Funstruction Toys has terminated and/or cancelled this Agreement or your access to the Site. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to Funstruction Toys for use of your User Content.

Dispute Resolution

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at customercare@funstructiontoys.com. In the unlikely event that our Customer Care Team is unable to resolve a complaint you may have to your satisfaction, the terms of this Section govern dispute resolution between us.

These Terms and Conditions and the relationship between you and Funstruction Toys will be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions. You and Funstruction Toys agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in Hillsborough County in the State of New Hampshire. You covenant not to sue Funstruction Toys in any other forum.

You also acknowledge and understand that, with respect to any dispute with Funstruction Toys or anyone representing Funstruction Toys arising out of or relating to your use of the Site, purchase of Products, or these Terms:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
  • YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

The Home Stretch!

We take our commitment to you seriously, and we'll do what we can for you. However, sometimes things may come up that are outside of our control. Funstruction Toys will not be liable for any failure to perform any of our obligations stated in these Terms and Conditions if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation, a natural disaster or act of God.

These Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

If any provision of this agreement is found to be invalid by a competent court, the invalidity of such provisions shall not affect the validity of the remaining provisions. Likewise, if we choose to terminate any provision in accordance with the termination provision, that termination shall not affect the termination of other provisions.

This agreement constitutes the entire agreement between you and us with respect to the Site and supersedes all previous or contemporaneous agreements. The section headings are merely provided for convenience and shall not be given any legal import.

Hey! You made it to the end. Great job. Now, go do something fun!