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Terms of Use

Ordering and payment policy

You must be age 18 or older to order Surfer Dudes or related merchandise online via our website. TOYosity accepts major credit cards (MasterCard, Visa, Discover, and American Express), as well as payments through PayPal, Apple Pay, Google Pay, and Shop Pay, all of which are processed through our secure third-party payment processor. By placing your order on our website, you are agreeing to our Terms of Use, including our Privacy policy, Ordering policy, Shipping policy, Risk of loss, and Return policy.

Our store is hosted on, and by, Shopify Inc, which provides us with the online e-Commerce platform we use to sell our products to you. Your data is stored through Shopify’s data storage, databases, and the general Shopify application on secure servers behind a firewall.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data only for as long as necessary to complete your purchase transaction, during which time it is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like MasterCard, Visa, Discover, and American Express. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For additional information, you may also want to review:
Shopify’s Terms of Service at https://www.shopify.com/legal/terms, or Shopify’s Privacy Statement at: https://www.shopify.com/legal/privacy

Shipping policy

TOYosity ships primarily via the United States Post Office (USPS), using first class, priority, and international mail. Dependent upon the quantity ordered, we may also ship using commercial carriers, such as FedEx.

Surfer Dudes and related merchandise generally ship within one business day of receiving your order. We accept orders from the United States and select foreign countries and will only ship to valid postal addresses. Delivery time after shipment is dependent upon service provided by the USPS for first class, priority, and international mail services to your location from our location (our shipments are normally made from Orlando, Florida in the USA), generally 1-5 business days within the United States and as much as 2-4 weeks internationally. When shipped via FedEx, or otherwise impacted by USPS delivery times, shipments can take a week or longer to reach you after shipment.

Risk of loss

All items purchased from TOYosity are subject to a shipment contract with the risk of loss and title for all purchased items passing to the purchaser on our delivery to the shipping carrier. We generally do not charge your credit card for products ordered until your order has begun processing.

Return policy

TOYosity wants you to be satisfied with your purchase. If your purchase was from a retail store or online retailer other than www.SurferDudes.com, please return your purchase by following the Return policy of the retail store or online retailer from which you made your purchase. Items purchased from retail stores or online retailers other than www.SurferDudes.com cannot be returned to TOYosity.

If you made your purchase online directly from www.SurferDudes.com and must return your purchase, you must do so within one month from the date of your order. All returns must be unused and returned in resalable condition in their original packaging. If you cannot do this, please tell Customer Support when arranging your return so we can determine if your return request can be honored. To return a purchase, please contact Customer Support at (855) 982-TOYS (8697) to obtain a return authorization during our regular business hours for Customer Support:
9 am to 4 pm, Eastern time, Monday through Friday, excluding holidays
To return a new, unused, and unopened item, ship it prepaid to Returns Department, TOYosity LLC, 1271 LaQuinta Drive, Unit 12, Orlando, Florida 32809. To help us process your return, please include your return authorization number and a copy of your proof of purchase showing the date of your purchase, purchase method, and amount, along with your name, address, email address, phone number, and the reason you are returning the item.

If you are due a refund, we will process a refund to your credit card or original method of payment within one week after we have received and inspected your return. Kindly note that your credit card or payment company may not post the credit to your account for an additional 2-10 business days dependent upon their policies and practices. If we determine that your item does not qualify for a return under our policy, we will notify you by mailing you our explanation within the same one week.

Support

We want to help you and forward to assisting you with your inquiry. To reach us, you can send your email, at any time, to CustomerSupport@TOYosity.com. We make every effort to reply to emails in the order they are received no later than the next business day. You also can reach us by phone by contacting Customer Support at (855) 982-TOYS (8697) during our regular business hours for Customer Support:
9 am to 4 pm, Eastern time, Monday through Friday, excluding holidays
If you leave a voice mail, we typically return voice mails within one business day. Please take care to leave a return phone number at which we can reach you when leaving a voice mail; if you would prefer that we respond via email, please carefully spell out the full email address so we can respond via email.

Electronic communications

In using our website or sending emails to TOYosity, you are communicating electronically with us. In doing so, you are consenting to receive electronic communications from us. We may communicate via email or by posting information or notices on our sites. By using our sites, you agree that all notices, disclosures, agreements, and other communications we provide electronically or post on our sites satisfy any legal requirement that these communications be in writing.

Copyright

All content we include or make available through our websites, including text, logos, button icons, images, audio and video clips, graphics, downloads, data compilations, etc., is the exclusive property of TOYosity LLC, or our content suppliers, and is protected by United States and international copyright laws.

Trademarks

Surfer Dudes®, Surf Boomerang®, Surfer Pets®, Just Surf!®, TOYosity®, our iconic and distinctive Surfer Dudes, Surfer Dudes Classics, and Surfer Dudes Legends and Surfer Pets figures, including their profiles, silhouettes, hair dress, and deco, and Satisfying Play Through Curiosity®, are trademarks of TOYosity LLC. Furthermore, the logos, videos, graphics, and images, scripts, character names, button icons, page headers, and service names made available through, or included on, our sites are trademarks, copyrights, and/or trade dress of TOYosity in the United States and other countries. Our trademarks, copyrights, and/or trade dress may not be used (a) in connection with any product or service that is not owned, or properly licensed, by TOYosity, (b) in any manner likely to cause confusion among consumers or customers, or (c) in any manner disparaging or discrediting TOYosity or its products. All other trademarks TOYosity does not own that appear on our sites are the property of their respective owners, who may or may not be sponsored by, or connected or affiliated with, TOYosity.

Patents

The design and utility of Surfer Dudes are protected by one or more patents owned by TOYosity, both in the United States and internationally in other countries.

License and access

Subject to your compliance with our Terms of Use, TOYosity LLC grants you a limited, non-exclusive, non-transferable license, which may not be sublicensed, to access and make personal, non-commercial use of our websites. TOYosity tries to be as accurate as possible in describing its products. However, we do not warrant that product descriptions or other content of TOYosity are accurate, complete, current, reliable, or error-free. If a product offered by TOYosity online is not as described, your sole remedy is to return it in its unused condition within one month—see our Return policy. This license does not include any resale, or other commercial use, of our websites and our content, including, but not limited to, our product listings, prices, or descriptions; any downloading or copying of information for the benefit of another party; any derivative uses; or any use of data mining, robots, or similar data extraction, or gathering, tools. TOYosity and its licensors, vendors or suppliers, publishers, content providers, or other rights holders reserve and retain all rights we do not expressly grant to you in these Terms of Use. You may not reproduce, copy, duplicate, sell or resell, visit, or otherwise exploit our websites and their contents for any commercial purpose, or use “hidden text” or other “meta” tags that use the name, trademarks, copyrights, or trade dress of TOYosity, or frame or use framing tools or techniques to enclose any proprietary information, including trademarks, logos, content, page layouts, forms, or images, of TOYosity, without our express advance written consent. You may only use our websites and services subject to the restrictions set forth in our Terms of Use and then only as permitted by law. Any license granted by TOYosity will terminate automatically on your failure to fully comply with our Terms of Use.

TOYosity does not sell products for purchase by children or allow children to upload information, videos, or images to our websites. We sell children’s products for purchase by adults and, if we enable uploading, we allow adults, on their behalf or on behalf of their children only, to upload information, videos, or images to our websites. If you are under the age of 18, you may only use the TOYosity websites with the direct involvement of a parent or guardian. TOYosity reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.

Reviews, comments, communications, and other content

Visitors may post reviews, comments, photo, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, derogatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of, or contain, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate another person or entity, or otherwise mislead regarding the origin of any content. TOYosity reserves the right, but not the obligation, to remove or edit content, and may not regularly review posted content.

If you post content or submit material, and unless we agree otherwise in writing separately, you grant TOYosity a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable right, including the right to sublicense such right, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TOYosity and its sublicensees the right to use the name you submit in connection with such content if we, or they, choose. You represent and warrant that you own, or otherwise control, all the rights to the content you post; that the content is accurate; that the use of the content you supply does not violate this policy or the rights of others and will not cause injury to any person or entity; and that you indemnify TOYosity for all claims resulting from content you supply. TOYosity has the right, but not the obligation, to monitor and edit any activity or content. TOYosity takes no responsibility and assumes no liability for any content posted by you or any third party.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL INFORMATION, PRODUCTS, SERVICES, MATERIALS AND OTHER CONTENT MADE AVAILABLE TO YOU THROUGH, OR INCLUDED ON, THE WEBSITES OF TOYOSITY ARE, UNLESS OTHERWISE SPECIFIED BY TOYOSITY IN WRITING, PROVIDED BY TOYOSITY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOYOSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF TOYOSITY WEBSITES, OR THE INFORMATION, PRODUCTS, SERVICES, MATERIALS, OR OTHER CONTENT MADE AVAILABLE TO YOU THROUGH, OR INCLUDED ON, THE WEBSITES OF TOYOSITY, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TOYOSITY WEBSITES IS AT YOUR SOLE RISK.

TOYOSITY, TO THE FULL EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOYOSITY DOES NOT WARRANT THAT ITS WEBSITES, INFORMATION, PRODUCTS, SERVICES, MATERIALS, OR OTHER CONTENT INCLUDED ON OR MADE OTHERWISE AVAILABLE TO YOU, INCLUDING ELECTRONIC COMMUNICATIONS SENT FROM TOYOSITY, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOYOSITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING FROM THE USE OF THE TOYOSITY WEBSITES, OR FROM ANY INFORMATION, PRODUCTS, SERVICES, MATERIALS, AND OTHER CONTENT INCLUDED ON, OR MADE OTHERWISE AVAILABLE TO YOU THROUGH, ANY TOYOSITY WEBSITE. SOME STATES PLACE RESTRICTIONS UPON, OR DO NOT ALLOW, LIMITATIONS ON IMPLIED WARRANTIES OR CERTAIN DAMAGES. SHOULD THESE STATE LAWS APPLY TO YOU, YOU MAY HAVE ADDITIONAL RIGHTS AND SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Disputes

Any claim or dispute relating in any way to your use of any TOYosity website, including SurferDudes.com, or to any products or services sold or distributed by TOYosity, or through SurferDudes.com or our other websites, will be resolved by binding arbitration instead of court except, if your claims qualify, you may assert claims in small claims court. The Federal Arbitration Act and federal arbitration law apply to this agreement. Arbitration must follow the terms of these Terms of Use as a court would and does not have a judge or jury. Arbitration awards are limited as to their review by courts although an arbitrator can award the same damages and relief as a court, including statutory damages and injunctive and declaratory relief, on an individual basis.

To start an arbitration proceeding, you must request arbitration by sending a letter that describes your claim and requests the claim be arbitrated to our registered agent, Michael Neukamm, GrayRobinson, 301 East Pine Street, Orlando, Florida 32801. Arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Supplementary Procedures for Consumer-Related Disputes. AAA rules are available at www.adr.org or you can call 1.800.778.7879. Filing, administration, and arbitrator fees are governed by AAA rules. You may elect to conduct the arbitration based on written submissions, by telephone, or in person in Orange County in the State of Florida or at another mutually agreed upon location.

We each agree that any dispute resolution proceedings will not be conducted in a class, consolidated, or representative action, but only on an individual basis. If a claim proceeds in court instead of arbitration for any reason, we each waive any right to a jury trial. Also, we both agree that either of us may bring suit to enjoin infringement or other misuse of intellectual property rights.

Applicable law

By using any TOYosity website or product, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and TOYosity.

Privacy policy

You must be age 18 or older to order Surfer Dudes® or related merchandise. If you order online, we will collect your name, email address, shipping and billing address, payment information, and, if you choose to provide it, contact number(s).

This information will be used to fulfill your order. We request your contact number(s), provided at your option, but not required, in the event we need to reach you with a question about your order to ensure your satisfaction. We will use your email address to send you acknowledgment(s) of your order, other related information such as shipping confirmations, and, if you have given your permission by opting-in, we may use it to contact you with information of general interest to our customers. We will use your shipping and billing address, together with your payment information, to process and fulfill your order. TOYosity does not store payment information and you will need to re-enter this information on any subsequent orders you place.

TOYosity® will not sell or distribute your personal information to a third party other than as needed to effectuate a sale. TOYosity may disclose your personal information if we are required by law to do so or if you violate our Terms of Use.

If, after you have opted-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, or use of, your information, at anytime, by contacting us at CustomerSupport@TOYosity.com, or by mailing us at: TOYosity LLC, 1271 La Quinta Drive, Suite 12, Orlando, Florida 32809. Please be sure to provide the email address or other content information you wish deleted.

Site policies, modification, and severability

Please review all our policies, including our Privacy policy, posted on this site, all of which comprise our Terms of Use. These Terms of Use govern your use of TOYosity websites and products. We reserve the right to modify our websites, policies, and Terms of Use at any time. We may make such changes by posting a revision that includes the change on our website(s). If any of these Terms of Use are deemed invalid, void, or, for any reason, unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Cookies

We have listed and described the cookies we use in the table below so you can review them.