Terms of Use

Effective Date of Current Policy: November 18, 2015

Thank you very much for visiting www.nplusbtoys.com (the “Website”), which is run by N+B Toys. In these Terms of Use (“Terms”), N+B Toys will also be referred to as “N+B”, “we”, “our”, or “us”.  You are the user of the Website, and will be referred to as “User”, “your”, “you”, and hopefully “friend” at some point. Before you use our Website, please read these Terms and our Privacy Policy which can be found on our Website at http://nplusbtoys.com/privacy-policy. If you don’t agree with any of our Terms or Privacy Policy, please do not use our Website, although we really would like you to stay. By using our Website, you are agreeing to the terms. If you have any questions, please don’t hesitate to contact us at help@nplusbtoys.com.   

UPDATING THESE TERMS OF USE

There may be times when we need to update our Terms of Use and Privacy Policy, and we reserve the right to do this at any time for any reason, and without notifying you. We’re not being sneaky, it’s just sometimes we need to update things with the changing times, and it’s impossible to notify everyone.  We will list the most current effective date of our Terms at the top of this page, so you know when they’ve been changed. No matter when you visit and use our Website, you are agreeing to the most current Terms and Policies, so please make sure you check back in before using the Website. Again, if you don’t agree with anything, please don’t use the Website, but we hope you do.

PRIVACY POLICY

We respect your privacy a lot. Our Privacy Policy is found at www.nplusbtoys.com/privacy-policy, and it details how we collect and use your information. Please review the policy before using our Website, but know our policies are put in place to help try to protect your privacy. We’re customers like you, and we get it. 

USER ACCOUNTS

You are able to create a user account (“Account”) on our Website to make shopping and receiving notifications from us a little easier, but we don’t require an Account to checkout. We don’t like when companies make us do that either. However, if you create an Account, you and only you are solely responsible for it.  If you think your Account has been tampered with or your password was lost or stolen, please notify us immediately, because you are responsible for any actions done through your account. You can contact us at help@nplusbtoys.com. Also, please don’t create fake accounts or try to mislead us or do anything unseemly with your Account. If you do, we reserve the right, and we will, delete your account immediately. No need for funny business. Lastly, as with any website, you should use good judgment and some caution when posting any information, including proprietary information or personally identifiable information, to this Website or any social media or other electronic platforms, and you should assume everyone can and will see it and that none of it is treated as confidential or proprietary, so please don’t post or submit any material you don’t want others to see or use.

COMMUNICATIONS FROM US

When you sign up for our newsletter or contact us through our website or emails, we’ll communicate with you via the email and/or mailing address you provided, unless you opt-out of receiving communications from us in the future. This type of communication is different from the order/shipping confirmation emails you’ll get from us when you place an order. Those types of emails will always occur, as we have to send you order and invoice confirmations as well as the shipping details. The kinds of communications we’re talking about here are for stuff not related to any specific order you have placed. We’re not into spam, both the kind that comes in your inbox and the kind that comes in a tin box, but we’d like to keep you updated on things at N+B Toys, like special promotions, new products, company updates, etc. You can always opt-out or unsubscribe to our communications in a few ways: 1) there will always be an “unsubscribe” link at the bottom of any email we send you, so you would click on that and hit send, and you’ll be automatically taken off our subscriber list; and 2) you can email us at help@nplubtoys.com and tell us you want to “unsubscribe”, and we’ll take you off the list. Please know it can take 1-2 weeks for the lists to be updated, just in case you get one more email sent after you unsubscribe or email us.

COPYRIGHT NOTICE

All of the content on our Website is subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses held by N+B Toys. The entire content of this Website is copyrighted as a collective work under U.S. copyright laws, and N+B Toys owns any and all rights to everything you see on this Website.

COPYRIGHT POLICY

We expect all users to respect the intellectual property rights of others, and we may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others, and we will terminate the access rights of any and all repeat infringers. If you believe a work protected by a U.S. copyright that you own has been posted on this Website without proper authorization, please notify us at help@nplusbtoys.com or by writing to us at N+B Toys, P.O. Box 2012, Darien, CT 06820, so we can work with you on a solution.

INTELLECTUAL PROPERTY

Here’s the deal: everything you see, read, and listen to, which means EVERYTHING, on this Website is ours or has been licensed by us. We own all of the trademarks on our Website, as well as all of the copyrights, or we have licensed the rights to use all of the content on our Website. Any unauthorized use of our copyrights, trademarks, and content, or what we have licensed, is strictly prohibited without our express written consent, and it’s also against intellectual property laws, so just don’t do it. Thanks for understanding.

LIMITED LICENSURE

While we just told you in the above paragraph that we own everything on the Website, or we have licensed the right to use it, and kindly asked that you not try to use it for your own, we actually do want you to visit and use our Website. This is why by you agreeing to these Terms, we are offering you permission to use our Website and give you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Website and the Content solely for PERSONAL, NON-COMMERCIAL use. This means we’d love for you to come and shop at our Website, read, view, and listen to all of our content, and overall enjoy yourself and hopefully the products you purchase, but it doesn’t mean you can resell or make any commercial use of our Website or content, or in any way modify anything on our Website or content, or do any sort of copying or distribution of our materials, or try to data mine or scrape any Content off of our Website. Lastly, please don’t do anything that would harm or damage our Website or Content, as all of that is strictly prohibited, and it’s also mean. Don’t be mean, please.

CONTENT YOU SUBMIT

We welcome your feedback and comments, and we hope to hear from you. You may be able to do this through a variety of channels and in a variety of areas, which include, but aren’t limited to, our Website, our Blog, our emails, our social media platforms (like on Facebook, Twitter, Instagram, Pinterest, etc.), chat rooms, forums, and many other types of electronic and non-electronic platforms. First, all of the content you submit (“User Content”) is yours, and you own all the rights and license rights to all of your User Content. Yes, all of it. We don’t own any of it and we take no responsibility for it either. However, importantly, by providing any and all of your User Content to us, you give us a right and license to use, reproduce, copy, process, display, transmit, create derivative works of, and distribute any and all of the User Content you submit to us. This also pertains to any User Content you submit that may contain product ideas or concepts, and you completely understand that nothing you submit to us is treated as confidential or proprietary in any way. We’re saying this so there’s no misunderstanding if you see anything we produce, say, or write that seems similar to anything you’ve submitted, we do not owe you anything of any kind. This means we will never owe you any compensation or any credit for anything you submit to us in any manner or any area. Because of this, we’re kindly asking you to never send us any of your ideas or concepts, no matter what they are (often called “unsolicited submissions”), as these are NOT treated as confidential and you will not be paid for them nor given any credit for them. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, sublicensable, transferable, fully-paid-up, royalty-free, and this license you give to us will survive even if you terminate your Account and never use our Website again. And this is very important to understand: your license is automatically granted to us without compensation of any kind to you, including if we use your User Content for advertising or promotional purposes, or for any and all Commercial uses. In addition to providing us a license to your User Content, you also agree to give any and all users of our Website, social media and other electronic platforms a non-exclusive, irrevocable, perpetual, worldwide, transferable, sublicensable, fully-paid-up, and royalty-free license to do any and all things with your User Content, even if your Account is terminated and you never use our Website again. So to be clear, by submitting any User Content to us in any manner, you agree to give us, and any user of our Website, the right and license to use your User Content as described in this paragraph. We are also under no obligation in any way to use, read, or acknowledge in any manner your User Content. We’re sure it’s good stuff, but just because you submit it to us, doesn’t mean anything else has to or will ever happen. If you don’t agree to any of these license Terms, please just don’t submit any User Content to us.

In addition, please note that any content you post or submit to us through our Website, social media, or other electronic platforms must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third parties and must not include profanity, obscene, indecent, pornographic, defamatory, or unlawful material. In addition, if you post content to our Site, it must not contain software viruses or other malicious codes, unauthorized or unsolicited advertising, or impersonate others. Just don’t be mean, and we’re all good.

WEBSITE TRANSACTIONS

Although we hope this never happens, 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, whether or not the order has been confirmed, for any reason or no reason, and without liability to you or anyone else. 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 we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address or phone number that was provided at the time the order was made. You are prohibited from purchasing products and items from our website with the intent to resell them, and we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. If your payment method has already been charged for an order that is later cancelled, N+B Toys shall issued you a refund. You also acknowledge that we use a third party payment processor to process all orders and to bill your credit card for each transaction.

MINORS AND CHILDREN

This Website is intended solely for the use by adults. N+B Toys does not sell products for purchase by children. Any products that are for children are only for purchase by adults. If you are under the age of 18, you may use www.nplusbtoys.com only with the involvement of a parent or guardian.

WEBSITE MONITORING

While we will genuinely try to (and want to) respond to all inquiries and email messages to the Website and N+B Toys, we may not be able to respond to everything, and we are under no obligation to respond to all pieces of correspondence received through this Website, through email messages to any of our email accounts, or through social media platforms (Facebook, Twitter, Instagram, Pinterest, etc.). In addition, while we will always respect your privacy according to our Privacy Policy (www.nplusbtoys.com/privacy-policy), we are under no obligation to maintain any of your correspondences in confidence, however, we will not use your full name in connection with any such materials unless we first obtain your permission or otherwise are required by law to do so.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless N+B Toys, its officers, directors, employees, agents, licensors, service providers, and suppliers from and against any and all claims, actions or demands, charges, complaints, damages, losses, liabilities, costs and expenses, including reasonable attorneys' and accounting fees, arising from or relating in any way to your use of the Website.

 

TYPOGRAPHICAL ERRORS

We’re not perfect, but we like to fix things. Every now and then, there may be information on our Website or in our literature that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pictures, ingredients, pricing, and availability. N+B Toys reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

 

Please forgive the large caps and serious language below, but it’s required of us…

 

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE IS PRESENTED ON AN “AS IS” BASIS AND YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. N+B TOYS RESERVES THE RIGHT TO LIMIT OR RESTRICT YOUR ACCESS TO THE SITE IN ANY WAY AND AT ANY TIME. N+B TOYS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: 1) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY; 2) WARRANTIES IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE; 3) WARRANTIES THAT THE SITE OR THE SITE’S SERVER WILL BE FREE FROM VIRUSES; 4) THAT INFORMATION ON THE SITE WILL BE TIMELY, COMPLETE OR ACCURATE; OR 5) THAT THE SITE SHALL BE SECURE AND ERROR FREE. 

BY USING THIS SITE YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL CONSEQUENCES RESULTING FROM YOUR USE OF THIS SITE. YOU AGREE, ACKNOWLEDGE AND ACCEPT: 1) THAT YOU DID NOT HAVE TO PAY TO USE THIS SITE; 2) THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, N+B TOYS, ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY DAMAGES OF ANY KIND ARISING FROM: A) LOSS OF DATA OR DAMAGE TO YOUR COMPUTER THAT RESULTS FROM ANY MATERIALS YOU DOWNLOAD FROM THIS SITE, YOU DOWNLOAD AT YOUR OWN RISK; B) ANY ACTIONS TAKEN BY US OR WHICH WE FAIL TO TAKE REGARDING COMMUNICATIONS YOU SEND TO US; C) YOUR INABILITY TO USE THIS SITE; D) ANY PRODUCTS, SERVICES OR OTHER INFORMATION OR MATERIALS FEATURED ON THIS SITE, OR THE REMOVAL THEREOF; E) OR ANYTHING ARISING OUT OF YOUR USE OF THIS SITE OR ANY WEBSITE YOU ACCESS THROUGH THIS SITE. N+B TOYS WILL NOT PROVIDE, AND YOU SHOULD NOT CONSTRUE ANY COMMUNICATION, INFORMATION OR ADVICE OBTAINED THROUGH THIS SITE, WHETHER ORAL OR WRITTEN, AS CREATING ANY WARRANTY OF ANY KIND. THE DISCLAIMERS IN THESE TERMS ARE VALID ONLY WHERE THEY ARE NOT PROHIBITED BY LAW. 

N+B Toys makes no warranties of any kind regarding web sites which are not operated by N+B Toys to which you may be directed or hyperlinked from this Site. These hyperlinks are included by N+B Toys for your convenience, and N+B Toys makes no representations or warranties with regard to the material on these sites or the suitability, safety or accuracy of any material on such web sites. N+B Toys has no responsibility for products or services offered or provided by any third party.

SEVERABILITY

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between the user and N+B Toys with respect to this Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to this Website. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

LINKS

This Website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by N+B Toys of the content, materials or information available on such third party websites. We are not responsible for the content, materials, or information available on linked third party websites and we do not make any warranty or representations regarding any of their material. In addition, we have not reviewed all of the websites linked to our Website. If you decide to access any such linked websites, please do so at your own risk.

GOVERNING LAW

These Terms and Conditions and the relationship between you and N+B Toys shall be governed by the laws of the State of Connecticut. Any claim relating to this Website or any dispute arising under these Terms and Conditions shall be resolved exclusively by the state and/or federal courts of the State of Connecticut, without regard to its conflict of law provisions.

TERMINATION

Goodbyes are hard, and we hope this doesn’t happen, but we reserve the right, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Website or the Materials at any time and/or to restrict, suspend or terminate your access to the Website and/or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice. Upon termination, these Terms and Conditions will still apply. 

MISCELLANEOUS

This Website is operated by N+B Toys, which is located in the state of Connecticut in the United States of America. N+B Toys makes no claims that the materials, or any other content, materials displayed, distributed, made available or accessed through the Website, are appropriate or may be downloaded outside of the United States. If you access the Website from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the laws of the state of Connecticut in the United States of America.

SHIPPING POLICY

We charge a $5.00 flat rate for ground shipping on all orders.  Orders are usually processed within 24 - 48 hours after we receive your order. We ship orders via US Postal Service Priority Mail and First Class. The typical transit time is 2-4 business days, depending on your shipping location. Orders shipped to Alaska, Hawaii, and US Territories can take longer. Orders shipped to US Military APO/FPO addresses can take up to 30-45 days or longer. You can visit www.usps.com for more detailed information about their services. As with any shipment service, there can be unexpected delays beyond our control.  Orders are only processed Monday - Friday, but not on Holidays (we need breaks, too), and there can be delays in order processing during our busy times of the year.

 

RETURN POLICY

We have a 30-day, no-questions-asked return policy on all products purchased directly through our website (www.nplusbtoys.com). Simply email us at help@lnplusbtoys.com or via our Contact Us page to receive a return code and instructions.

You must use the same email used for the original purchase and we can only refund the same card used for the original payment. Returns processing can take up to 10 -14 days after we receive the returned item, and your credit card company may take additional time to process the return once we take care of things on our end. We do not have any control over how long your credit card company takes to process the refund.

Unfortunately, we cannot accept returns for products not purchased on nplubtoys.com. Please note if you have purchased our products through another vendor or in a store, you will have to return your item to that store, which is dependent on their return policy.