Terms of service

Terms of Use ("Terms")

 

Last updated: June 30, 2023

 

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the https://FixMyToys.com/ website and FixMyToys mobile application (the "Service") operated by Ball Equipment ("us", "we", or "our").

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

We are an E-Commerce Site and provide a wide-selection of parts & accessories for sale online. We are a certified dealer for all brands and products offered on https://FixMyToys.com/.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

TABLE OF CONTENTS

  1. ONLINE STORE TERMS
  2. GENERAL CONDITIONS
  3. PRIVACY
  4. CHILDREN UNDER THIRTEEN
  5. INTERNATIONAL USERS
  6. ELECTRONIC COMMUNICATIONS
  7. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
  8. MODIFICATIONS TO THE SERVICE AND PRICES
  9. COPYRIGHT
  10. TRADEMARKS
  11. OPTIONAL TOOLS
  12. THIRD-PARTY LINKS
  13. PURCHASES
  14. CANCELLATION/REFUND POLICY
  15. ACCURACY OF BILLING AND ACCOUNT INFORMATION
  16. PRODUCT DESCRIPTIONS
  17. DISCLAIMER OF LIABILITY
  18. INDEMNIFICATION
  19. SEVERABILITY
  20. YOUR ACCOUNT
  21. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
  22. LINKS TO OTHER WEBSITES
  23. APPLICABLE LAW
  24. DISPUTES
  25. CHANGES
  26. DEALER AGREEMENTS
  27. CONTACT US

 

1. ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

3. PRIVACY

Your use of https://FixMyToys.com/ is subject to FixMyToys’ Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices.

 

4. CHILDREN UNDER THIRTEEN

We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://FixMyToys.com/ only with permission of a parent or guardian.

 

5. INTERNATIONAL USERS

The Service is controlled, operated and administered by FixMyToys from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FixMyToys content accessed through https://FixMyToys.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

6. ELECTRONIC COMMUNICATIONS

When you visit https://FixMyToys.com/ or Ball Equipment or send e-mails to us, you are communicating with us electronically. 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 communications be in writing.

 

7. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

8. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

9. COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ball Equipment or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Ball Equipment with copyright authorship for this collection by Ball Equipment and protected by international copyright laws.

 

10. TRADEMARKS

Ball Equipment trademarks and trade dress may not be used in connection with any product or service that is not Ball Equipment in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ball Equipment. All other trademarks not owned by Ball Equipment or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ball Equipment or its subsidiaries.

 

11. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

12. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

13. PURCHASES

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

 

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

 

Ball Equipment retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to changes.

 

(a) Our Contract

 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

(b) Pricing and Availability

 

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

 

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. Risk of loss shall pass to Buyer upon Seller's notification that Goods are ready for dispatch. Unless otherwise specified in writing in the Purchase Order or Contract, all charges, expenses or taxes associated with the delivery shall be paid by the Buyer.

 

14. CANCELLATION/REFUND POLICY

You may cancel your order before we fulfill for shipment unless being drop shipped from an external vendor. See our Return Policy or contact customer support for complete details.

 

15. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

16. PRODUCT DESCRIPTIONS

Ball Equipment attempts to be as accurate as possible. However, Ball Equipment does not warrant that product descriptions or other content of Ball Equipment are accurate, complete, reliable, current, or error-free. If a product offered by Ball Equipment itself is not as described, your sole remedy is to return it in unused condition.

 

17. DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Ball Equipment and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Ball Equipment’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

18. INDEMNIFICATION

You agree to indemnify, defend and hold harmless FixMyToys and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

19. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

20. YOUR ACCOUNT

If you choose to use this site, you maintain responsibility to preserve confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You acknowledge that Ball Equipment is not responsible for third party access to your account resulting from theft or misappropriation of your account. If you are under 18, you may use our website only with involvement of a parent or guardian. Ball Equipment reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

21. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, in violation of any contractual or fiduciary relationships, 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 e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

 

22. LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by Ball Equipment.

 

Ball Equipment has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Ball Equipment shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

23. APPLICABLE LAW

By visiting https://FixMyToys.com/ or Ball Equipment, you agree that the laws of the state of MICHIGAN, UNITED STATES, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Ball Equipment or its associates.

 

24. DISPUTES

Any dispute relating in any way to your visit to Ball Equipment or to products you purchase through Ball Equipment shall be submitted to confidential arbitration in MICHIGAN, UNITED STATES, except that, to the extent you have in any manner violated or threatened to violate Ball Equipment’s intellectual property rights, Ball Equipment may seek injunctive or other appropriate relief in any state or federal court in the state of MICHIGAN, UNITED STATES, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

25. CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

26. DEALER AGREEMENTS

While there is no initial minimum order, dealer discounts are extended with the understanding that the relationship must be viable and mutually beneficial. Therefore, Ball Equipment reserves the right to review dealer status from time to time, and accounts may be terminated at our discretion.

 

The “Bill to” address must match the “ship to” address unless otherwise given approval by Ball Equipment or an authorized employee of Ball Equipment. Ball Equipment. We prohibit any “dropshipping” and reserve the right to terminate dealer status for any reason. Dropshipping is defined as, but not limited to, purchasing products with a dealer account and shipping them directly to any other consumer. 

 

27. CONTACT US

FixMyToys welcomes your questions or comments regarding the Terms and Conditions.

FixMyToys

50410 Patricia St Chesterfield, Michigan 48051

Email Address: Help@FixMyToys.com

Telephone number: (586) 416-9222