Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Virginia Toy and Novelty Co.. The collective work includes works that are licensed to Virginia Toy and Novelty Co.. Copyright 2009, Virginia Toy and Novelty Co. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Virginia Toy and Novelty Co. or purchasing Virginia Toy and Novelty Co. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Virginia Toy and Novelty Co. or to purchase Virginia Toy and Novelty Co. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Virginia Toy and Novelty Co.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Virginia Toy and Novelty Co. used in the site are trademarks or registered trademarks of Virginia Toy and Novelty Co.


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Virginia Toy and Novelty Co. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Virginia Toy and Novelty Co. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Virginia Toy and Novelty Co. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Virginia Toy and Novelty Co. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Virginia Toy and Novelty Co. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Virginia Toy and Novelty Co. product is mistakenly listed at an incorrect price, Virginia Toy and Novelty Co. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Virginia Toy and Novelty Co. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Virginia Toy and Novelty Co. shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Virginia Toy and Novelty Co. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Virginia Toy and Novelty Co. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Virginia Toy and Novelty Co..


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Virginia, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Virginia Toy and Novelty Co. products) shall be in the state or federal courts located in the City of Virginia Beach, Virginia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Virginia Toy and Novelty Co. products) must be commenced within one (1) year after the claim or cause of action arises. Virginia Toy and Novelty Co.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Virginia Toy and Novelty Co. may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Virginia Toy and Novelty Co. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Virginia Toy and Novelty Co. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Virginia Toy and Novelty Co. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Virginia Toy and Novelty Co. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Virginia Toy and Novelty Co. in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Virginia Toy and Novelty Co., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Returns
Festive, Fair, and Fun! We maintain and adhere to a strict return policy to help keep our prices low. Virginia Toy and Novelty Company does not sell merchandise on approval. In the rare case that you find more than 5% defective on one product, call the office within 15 calendar days from the shipping date and at our discretion, will replace, repair or issue a credit-for any items found to be defective at a rate over 5% on an item by item basis. This will not include damaged products due to misuse or negligence. Although shipping may be included in the transaction price, we will deduct the actual shipping cost from any adjustment. Items in stock will ship during normal business hours. Items that are on back order or special ordered, will ship as they become available. Closeout, sale prices (any sale price by any name), custom made, special order, and advance/pre-orer items are excluded and no returns are allowed.

Virginia Toy and Novelty Company cannot be responsible for breakage, damage, or loss of merchandise while in transit. Damaged shipments should be reported to the carrier immediately. We can assist you in contacting the carrier to make an inspection and file a claim with them. The original cartons must be saved for a carrier inspection. Damage claims must be reported within 3 business days of receipt of shipment.

We double inspect all shipments leaving the warehouse. If your order is inaccurate, please call for assistance. All claims for shortages must be made within 15 calendar days of shipping date of the goods. There is no returns accepted for item damage in transit or products that are damaged due to misuse, shipping, or negligence. Refunds will not include shipping costs and/or service charges. Any shipment coming back to the VTN warehouse must have prior authorization and include the Return Authorization number written on each package; otherwise it may not be located in our warehouse or be refused.

Orders accepted back to the warehouse will incur a 25% restocking fee. Merchandise returned must be freight prepaid and original and actual shipping and handling cost will not be credited even though it may be included in the cost of the merchandise and noted as “free shipping” on some promotions and advertisements. Credit will not be issued for items in unsalable condition or if not in the original boxes or units (Piece, unit, etc.) as sold and shipped to you.

Candy, glow, closeout, special orders, custom made, advance/pre-order, or sale items (any sale), seasonal items, and other products where indicated on their product page are never returnable. Additional details are available on our website: www.VirginiaToy.com. Thank you for your business. Have fun!