Terms of service

TOPPED TOYS

TERMS OF SERVICE

Disclaimer of Liability, Warranties and Limitation of Liability

MOR Ventures Inc. DBA Topped Toys (“MOR”, “we”, “our”, “us”)) expressly disclaims responsibility or liability for any injury, loss, or damage incurred by you as a user, purchaser or reseller of our toys or as a user of our website (each of these are “you”, “your”) as a result of any purchase or use of our toys or reliance upon the information and material provided by us on this website or anywhere else. Any information MOR provides about the toys (on our blog or otherwise) is not medical advice and has not been reviewed by a medical professional. Use common sense when using our toys and read about safety on our blog and in the information provided with the toys.

While MOR has invested considerable time and care in preparing the information and material which is contained on this website, MOR does not warrant that this website will operate free from defect or that information contained on this site is accurate, reliable or complete.

RETURNS:
Due to the intimate nature of our products we do not accept returns.

LOST OR STOLEN PACKAGES:
If your package is lost or stolen after delivery you must report the missing package within 48 hours of the delivery notification. Packages reported missing after 48 hours will not be replaced. Replacement packages will only be sent to a secure address such as a UPS Access Point. This is to avoid a repeat theft. Lost/stolen pacakges are not eligible for a refund under any circumstances.

FULFILLMENT:

During regular periods fulfillment may take up to 4 business days. DURING SALE PERIODS FULFILLMENT MAY TAKE UP TO 3 WEEKS. Fulfillment within these time frames is what you should expect.

EU CUSTOMERS:

If you choose to return an item you are responsible for the return shipment cost.

CUSTOMERS IN THE USA:

Your government may charge tariffs/duties/VAT on imports to your country. It is your responsibility to understand these fees and to pay them to your government.

CUSTOMERS IN THE EUROPEAN UNION:

Orders shipping to bonafide European Union regions will be shipped from our warehouse in the EU and will not incur additional fees of any sort. The United Kingdom is not part of the European Union.

CUSTOMERS IN OTHER REGIONS:

Please be aware that you are responsible for paying any taxes or import fees that may be required by your local government. These may include sales tax, VAT, or other import fees. Complete details are available in our Shipping Policy. BROKERAGE FEES or DISBURSEMENT FEES may be charged by the carrier for orders outside of Canada and the European Union. Please be aware that we are unable to predict the assessment of these fees.

THE TOYS SOLD ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXCEPT FOR WARRANTIES OFFERED EXPRESSLY BY US. TO THE FULLEST EXTENT PERMITTED BY LAW, MOR, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS (THE “MOR PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE TOYS AND THE WEBSITE, WHETHER EXPRESS (OTHER THAN THOSE WARRANTIES PROVIDED EXPRESSLY BY US), IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT ANY PARTICULAR RESULT (OR ANY RESULT) BE OBTAINED THROUGH USING THE TOYS OR THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE MOR PARTIES BE LIABLE TO A PURCHASER OR USER OF THE TOYS OF THE WEBSITE OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR PURE ECONOMIC LOSS WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE TOYS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE OR THE TOYS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ACCORDINGLY, TO THE EXTENT THAT ANY EXCLUSION OF WARRANTIES OR LIMITATIONS OF LIABILITY DO NOT APPLY IN CERTAIN JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY EXCEED THE AMOUNT OF FIFTY CANADIAN DOLLARS ($50).

You agree to defend, indemnify and hold the MOR Parties (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers' fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the website, the Toys, any injury or damage to property or person, any act by you in connection with any user of the Toys, the website or any other third party.

We own and retain all proprietary rights in the toys and the website, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You shall not copy, modify, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information related to the toys or accessible through the website.

These Terms and your use of the website and the toys will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further agree that despite being available from a variety of jurisdictions, the website and access to the website will be deemed solely based in the Province of British Columbia, Canada; and that the website will be deemed to be passive in nature and not giving rise to personal jurisdiction over MOR in jurisdictions other than the Province of British Columbia.

You consent and submit to the exclusive jurisdiction of the courts located in the Province of British Columbia in all disputes arising out of or relating to your use of the website and the toys. However, you agree that nothing herein precludes MOR’s application for injunctive remedies or other urgent legal relief in any jurisdiction.