Terms of service
Overview
Welcome to Wembley Toys!
The terms โwe,โ โus,โ and โourโ refer to Wembley Toys, which operates this website and online store. Through our site, we provide you with access to products, features, content, tools, and related services (collectively, the โServicesโ) to create a safe, enjoyable, and convenient shopping experience.
Our online store is powered by Shopify, enabling us to securely deliver these Services to you.
These Terms of Service (โTermsโ), along with any additional policies referenced herein (including our Privacy Policy), outline your rights and obligations when you use our Services. Please read them carefully, as they include important information regarding warranties, disclaimers, and limitations of liability.
By accessing, browsing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use or access our Services.
Section 1 โ Access and Account
By agreeing to these Terms of Service, you confirm that:
- You are at least the age of majority in your state or province of residence; or
- If you are not, you have obtained the consent of a parent or legal guardian to allow you or your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, whether browsing our online store, creating an account, or purchasing products, you may be required to provide certain details, such as your name, email address, billing and shipping information, and payment details. You agree that all information you provide will be accurate, current, and complete, and that you have the legal right to share it with us. You are solely responsible for maintaining the confidentiality and security of your account credentials (such as your login ID and password) and for all activities that occur under your account. You must not transfer, sell, assign, or license your account to any other individual or entity.
Section 2 โ Our Products
We take great care to ensure that the products and services displayed in our online store are represented as accurately as possible. However, please note that product colors, details, and overall appearance may vary slightly depending on your device type, display settings, and screen configuration.
We do not guarantee that the look, finish, or quality of any product or service purchased will fully match the images or descriptions provided in our store or meet every individual expectation.
All product descriptions, specifications, and availability are subject to change at any time without prior notice, at our sole discretion. We also reserve the right to discontinue any product at any time and to limit the quantities of products available for sale to any person, household, region, or jurisdiction on a case-by-case basis.
Section 3 โ Orders
When you place an order with us, you are making an offer to purchase the selected products. Acceptance of your order is at the sole discretion of Wembley Toys and is not considered final until we confirm acceptance.
Orders are only accepted once payment has been successfully received and processed. Please ensure you review your order carefully before submitting it, as cancellations may not be possible once an order has been accepted.
In the event that we decline, modify, or cancel an order, we will make every reasonable effort to notify you using the contact information (email, billing address, or phone number) provided at checkout.
All purchases are subject to our Cancellation & Replacement Policy, which governs eligibility for returns, exchanges, and refunds.
By placing an order, you represent and warrant that your purchases are for personal or household use only and will not be resold or exported for commercial purposes
Section 4 โ Prices and Billing
All prices, discounts, and promotions listed on our store are subject to change without prior notice. The price charged for a product or service will be the price displayed at the time your order is placed and confirmed in your order confirmation email.
Unless specifically stated otherwise, prices displayed do not include applicable taxes, shipping, handling, customs duties, or import fees.
Please note that prices offered in our online store may differ from those available in physical retail locations or third-party online platforms. Occasionally, we may run promotions or special offers that are governed by their own terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms will prevail.
By making a purchase, you agree to provide complete, accurate, and up-to-date purchase, payment, and account information. This includes ensuring your billing details, credit card numbers, and expiration dates remain current, so we can process transactions and communicate with you as needed.
You further represent and warrant that:
- The payment information you provide is true, correct, and complete;
- You are authorized to use the chosen payment method;
- Your credit card company or payment provider will honor all charges incurred; and
- You agree to pay all charges, including product costs, shipping, handling, and applicable taxes, at the posted prices.
Section 5 โ Shipping and Delivery
All delivery times provided are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our reasonable control. Once an order has been handed over to the shipping carrier, ownership and risk of loss transfer to you.
Section 6 โ Intellectual Property
All content and materials made available through our Servicesโincluding but not limited to trademarks, brand names, text, images, graphics, product reviews, video, audio, and the overall design and layoutโare the property of Wembley Toys, its affiliates, or licensors, and are protected by applicable intellectual property laws.
You may use the Services solely for personal, non-commercial purposes. Without prior written consent, you may not copy, reproduce, distribute, modify, create derivative works, publicly display, perform, republish, download, store, or transmit any materials from the Services.
Except where expressly stated, these Terms do not grant you any license or rights under Wembley Toysโ, Shopifyโs, or any third partyโs intellectual property. Unauthorized use may violate applicable laws. All rights not expressly granted remain reserved.
Wembley Toysโ names, logos, product and service names, designs, and slogans are trademarks of Wembley Toys or its licensors. You may not use these without written permission. Shopifyโs trademarks, as well as those of other third-party owners, are acknowledged and remain their respective property.
Section 7 โ Optional Tools
From time to time, we may provide you access to tools offered by third-party providers. These tools are made available strictly on an โas isโ and โas availableโ basis, without warranties, endorsements, or conditions of any kind.
Your use of such optional tools is entirely at your own risk and discretion. You are responsible for reviewing and agreeing to the terms of use provided by the relevant third-party providers before engaging with their tools.
We may also introduce new features or resources in the future. Unless otherwise stated, such additions will be considered part of the Services and subject to these Terms of Service.
Section 8 โ Third-Party Links
Our Services may contain links to or integrations with websites and content operated by third parties. We do not control, endorse, or guarantee the accuracy, safety, or reliability of such third-party content.
Accessing these third-party websites or services is at your own risk, and we are not responsible for any harm, loss, or damages arising from your use of them. Before engaging in transactions or using third-party products or services, you should carefully review their policies and terms.
Any concerns, complaints, or questions regarding third-party offerings should be directed to the relevant third party, not to Wembley Toys.
Section 9 โ Relationship with Shopify
Wembley Toys is powered by Shopify, which provides the platform that enables us to deliver our Services to you. However, all purchases made through our Store are transactions directly between you and Wembley Toys.
By using our Services, you acknowledge and agree that Shopify is not responsible for any part of your sales or purchases with Wembley Toys, including but not limited to any claims of injury, damage, or loss arising from products or services you buy.
You expressly release Shopify and its affiliates from any and all claims, liabilities, or damages related to your purchases or transactions with Wembley Toys.
Section 10 โ Privacy Policy
All personal information collected through our Services is governed by our Privacy Policy. Certain data may also be subject to Shopifyโsย Privacy Policy, which can be viewed [here]. By continuing to use our Services, you confirm that you have read and understood these policies.
Since our Services are hosted by Shopify, Shopify collects and processes some personal data relating to your access and use of the Store in order to operate, maintain, and improve its platform. This may include sharing information with third-party providers, some of whom may be located in countries other than your own.
For full details on how your information is collected, stored, used, and shared, please review our Privacy Policy, as well as Shopifyโs Privacy Policy.
Section 11 โ Feedback
If you submit, upload, post, email, or otherwise provide any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, โFeedbackโ), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium, for any purpose, including commercial use. We may exercise these rights to operate, improve, and promote the Services, and to fulfill our obligations under these Terms.
By providing Feedback, you represent and warrant that:
- You own or otherwise have all rights to the Feedback.
- You have disclosed any compensation or incentives received in connection with your Feedback.
- Your Feedback complies with these Terms.
We are under no obligation to: (i) keep your Feedback confidential, (ii) compensate you, or (iii) respond to your Feedback.
We may, but are not required to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, defamatory, obscene, infringing, or otherwise objectionable. You agree that your Feedback will not violate the rights of any third party, including intellectual property, privacy, or personal rights, nor contain unlawful, abusive, or harmful content, viruses, or malware. You must not use a false identity or mislead us or third parties regarding the origin of your Feedback. You are solely responsible for your Feedback and its accuracy.
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Section 12 โ Errors, Inaccuracies, and Omissions
From time to time, the Services may contain typographical errors, inaccuracies, or omissions, including those related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right, without prior notice (including after you place an order), to correct such errors, update information, or cancel orders if any details on the Services are inaccurate.
Section 13 โ Prohibited Uses
You may use the Services only for lawful purposes. You agree not to use the Services:
- For any unlawful, harmful, or fraudulent activity.
- To violate any applicable laws, regulations, or ordinances.
- To infringe on intellectual property rights of Wembley Toys, Shopify, or others.
- To harass, abuse, defame, intimidate, or otherwise harm others.
- To transmit false, misleading, or non-compliant content.
- To distribute spam, chain letters, or unsolicited promotions.
- To impersonate others or misrepresent your identity.
- To interfere with, restrict, or disrupt othersโ use of the Services.
Additionally, you may not:
- Upload or transmit viruses, malware, or malicious code.
- Reproduce, duplicate, copy, sell, or exploit the Services without authorization.
- Collect or misuse othersโ personal information.
- Circumvent security features of the Services or related systems.
Violation of this section may result in suspension, restriction, or termination of your access to the Services, without notice.
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Section 14 โ Termination
We may suspend, restrict, or terminate your access to the Services, at our sole discretion, at any time and without notice. You remain responsible for all charges and obligations incurred up to the termination date.
The following provisions survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any others that, by their nature, should continue to apply.
Section 15 โ Disclaimer of Warranties
The information provided through the Services is for general purposes only, and we make no representations or warranties regarding its accuracy, completeness, or usefulness. Any reliance on such information is at your own risk.
EXCEPT AS EXPRESSLY STATED BY WEMBLEY TOYS, THE SERVICES AND ALL PRODUCTS ARE PROVIDED โAS ISโ AND โAS AVAILABLE,โ WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, OR NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion of implied warranties, so these disclaimers may not apply to you.
Section 16 โ Limitation of Liability
To the fullest extent permitted by law, Wembley Toys, Shopify, and their respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers shall not be liable for any damages of any kind, whether direct, indirect, incidental, punitive, special, or consequential.
This includes, without limitation, claims for lost profits, lost revenue, lost savings, loss of data, replacement costs, or any damages arising from your use of the Services or products purchased through the Services. This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we were advised of the possibility of such damages.
Section 17 โ Indemnification
You agree to indemnify, defend, and hold harmless Wembley Toys, Shopify, and their respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, claims, damages, liabilities, or expenses (including reasonable attorneysโ fees) arising out of:
- Your breach of these Terms or any referenced documents.
- Your violation of applicable laws or third-party rights.
- Your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that our delay or failure to notify does not release your obligations unless you are materially prejudiced. We may control the defense and settlement of such claims at your expense, including choice of counsel. We will not settle any claim requiring your non-monetary obligations without your consent, which must not be unreasonably withheld. You agree to fully cooperate in the defense of such claims.
SECTION 18 โ SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision will still be enforced to the fullest extent permitted by law. The unenforceable portion will be deemed severed, without affecting the validity or enforceability of the remaining provisions.
SECTION 19 โ WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision under these Terms shall not be considered a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules posted on our website, constitute the complete agreement between you and us, governing your use of the Services. They supersede all prior agreements, communications, or proposals, whether oral or written, including earlier versions of the Terms of Service.
Any ambiguities in interpreting these Terms shall not be construed against the drafting party.
SECTION 20 โ ASSIGNMENT
You may not assign, transfer, or delegate these Terms or any of your rights or obligations without our prior written consent. Any attempted assignment without consent will be void. We, however, may assign, transfer, or delegate these Terms and our rights and obligations without notice or consent.
SECTION 21 โ GOVERNING LAW
These Terms of Service and any separate agreements for Services shall be governed by and interpreted in accordance with the laws of the jurisdiction where Wembley Toys is headquartered. You consent to the jurisdiction and venue of the courts located in that jurisdiction.
SECTION 22 โ CHANGES TO TERMS OF SERVICE
The latest version of the Terms of Service is always available on this page.
We reserve the right, at our sole discretion, to update, amend, or replace any part of these Terms by posting updates on our website. It is your responsibility to review our Terms periodically. If material changes are made, we will notify you in line with applicable law. Continued use of the Services after such updates constitutes your acceptance of the revised Terms.
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SECTION 24 โ CONTACT INFORMATION
For further query about these Terms of Service, you may contact us:
Whole9Yards Online LLP
๐ง Email: info@whole9yards.in
๐ Address: H. No-272, Gala No. 5โ8, Building No. M2, Sagar Complex, Mumbai Nashik Highway, Ovali, Bhiwandi, Maharashtra 421302, India
๐ Phone: +91 8777349044
Business Hours: MonโFri (11 AM โ 7 PM IST)