Terms of Service

Effective Date: November 29, 2019

Welcome to Decathlon! Please read these Terms of Use carefully before using or obtaining any content, products, or services through our Website (defined below), as they contain important information, including limitations of liability and the resolution of disputes through arbitration rather than court.

By accessing, using, or obtaining any content, products, or services through the Services (defined below), you agree to be bound by these Terms of Use, our Privacy Policy, Terms of Sale, Return Policy, Warranty Policy, and any other legal terms or policies that may be displayed on the Website (collectively, the "Legal Terms"). If you do not accept all of these Legal Terms, please do not use the Services. You should visit this page from time to time to review the then-current Legal Terms, as they are binding on you.

We may change, amend, or add to these Legal Terms at any time by updating this posting. Unless otherwise indicated, all changes will be effective immediately upon posting of the revised Legal Terms and will apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of a prominent notice or any modifications constitutes your agreement to be bound by these Legal Terms. Your use of the Service is subject to the Legal Terms in effect at the time of your use.

1. Definitions

In this document, capitalized terms are defined in this section, the preamble, and elsewhere in this document.

"Content" means the text, files, information, data, articles, images, photos, graphics, trademarks, software, applications, video recordings, sound recordings, sounds, designs, features, and other materials available on the Service.

"Toypaws," "we," "us," or "our" refers to Toypaws LLC and/or Toypaws LLC.

"Trademarks" means trademarks, trade names, service marks, trade dress, logos, custom graphics, or icons.

"Service" means the website, content, and other products and services (such as the ability to post comments, ask questions, etc.) offered by Toypaws.

"User" or "Users" or "you" or "your" means the individual accessing or using the Website.

"Website" means the website located at https://www.toypaws.store.

2. General Terms

2.1 Conditions of Use

As a condition of your use of the Service, you warrant that:

You are at least 18 years of age;

You possess the legal authority to create binding legal obligations;

You will use the Service in accordance with these Terms of Use;

You may use the Service only in accordance with applicable law;

All information you provide to the Service is true, accurate, current, and complete; and

If you have a Decathlon account (e.g., a customer account or a registered user account), you will safeguard your account information and monitor and be fully responsible for any use of your account by you and anyone other than you.

2.2 Modifications to the Service

Toypaws reserves the right, in its sole discretion, to withdraw or modify the Service without notice. We will not be liable if, for any reason, the Service is unavailable in whole or in part at any time or for any period.

2.3 Account Registration

You are free to use the Service without providing us with any personally identifiable information. You may also choose to register on our website to take advantage of our offers or promotions.

To purchase any of our products or services using the Website, you will be required to provide certain registration and other information. Decathlon can only provide you with appropriate service if all information you provide when registering on this Site or filling out a form is correct, current, and complete.

2.4 Online Purchases and Sales Terms

This Site allows you to purchase our products or services online. All purchases made through this Site or your visits to this Site are subject to our Terms of Sale, Return and Refund Policy, and Warranty Policy, which are hereby incorporated into these Terms of Use. Please read these documents carefully, as they are binding on both us and you.

Examples of sales terms found in our documents include:

We reserve the right to limit sales of our products or services to any person, geographic area, or jurisdiction;

We reserve the right to refuse any order;

We may limit or cancel the purchase quantity per person, household, or order;

We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors;

If we need to change or cancel an order, we may attempt to notify you using the contact information you provided when placing the order;

All product descriptions or product pricing are subject to change without notice;

We reserve the right to discontinue any product at any time.

2.4 Errors, Inaccuracies, and Omissions

The Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and/or product availability. Decathlon reserves the right to correct any errors, inaccuracies, or omissions at any time and without prior notice, and to change or update information or cancel orders if any information on the Website is inaccurate.

2.6 Accuracy of Billing and Account Information

When using the Service, you agree to provide current, complete, and accurate billing and account information for all purchases. You agree to promptly update your account information, including your email address, credit card number, and expiration date, so that Decathlon can complete your transactions and contact you as needed.

2.5 Termination

The Service is provided to you free of charge. Decathlon reserves the right to suspend or terminate operation of or access to the Service at any time in its sole discretion. Furthermore, we reserve the right to suspend or terminate your personal access to and use of all or part of the Service at any time in our sole discretion.

2.6 Survival of Terms

The Disclaimer, Limitation of Liability, and Jurisdiction and Governing Law provisions shall survive termination.

3. Privacy and Account Security

3.1 Privacy

Decathlon's Privacy Policy explains how we handle our users' personal information. Your use of the Services is subject to our Privacy Policy.

3.2 Account Security

If you choose or are provided with a username, password, or any other information for creating a user account, you must treat such information as confidential and must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide anyone else with access to any part of the Website using your username, password, or other security information. When accessing your account from a public or shared computer or internet connection, you should use caution to prevent others from viewing or recording your password or other personal information.

You agree to immediately notify us of any unauthorized access to or use of your username or password, or any other breach of security. You will be solely responsible for any purchases or any other activity conducted using your username/password unless you notify us in advance of such loss or disclosure.

4. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. In addition to the other prohibitions set forth in these Terms of Use, you may not use the Website or its Content in the following ways:

In any way that violates or violates any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

Induces others to commit or participate in any illegal act;

Exploits, harms, or attempts to exploit or harm minors in any way, such as by exposing them to inappropriate content, soliciting personally identifiable information, or otherwise;

Harasss, abuses, insults, defames, slanders, disparages, intimidates, or discriminates against others;

For any obscene or immoral purpose;

Infringes or infringes upon Decathlon's intellectual property rights or the intellectual property rights of others;

Submits false or misleading information;

Transmits or procures the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

In addition, you agree not to:

Use the Website in any manner that could affect the functionality or operation of the Service. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any material on the Website;

Use any manual or automated process to monitor or copy any material on the Website or for any other unauthorized purpose without our prior written consent;

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

5. Hosting of Website Content

5.1 To facilitate user interaction, the Website may provide content storage services. For the purposes of these Terms, "Content" means any element submitted by a user to the Website, such as text, comments, graphics, photos, videos, or files of any type, regardless of their content or format.

5.2 Users are responsible for anything that occurs to their name and computer terminal. Users agree to notify the Website immediately if the Website has reason to believe that their username or email address has or may become known and used by unauthorized persons. The Website assumes no responsibility for any unauthorized third-party use of users' personal data.

5.3 This Website is for personal use only and not for commercial purposes. Users may not, under any circumstances, provide commercial information or conduct any business on this Website in any manner or for any purpose.

6. Intellectual Property

6.1 Ownership

Decathlon and its licensors own all right, title, and interest in and to the Service and all related United States and foreign copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and international treaties.

6.2 License

Subject to your compliance with these Legal Terms, Decathlon grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Service solely for your personal use and not for any commercial purpose. Decathlon reserves all rights not expressly granted.

You may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, or transmit any Service Content. You may not remove or alter any copyright, trademark, and/or other proprietary notices displayed on the Service.

If you wish to use any portion of the Service not listed in this section, please submit your request as indicated in the "How to Contact Us" section.

If you violate this section, your right to use the Website will terminate immediately, and we will, at our sole discretion and at your expense, require you to return or destroy any copies of any Content you have made.

6.3 Trademarks

The trademarks displayed on the Service are registered or unregistered trademarks of Toypaws, its affiliates, or its licensors. You may not use such trademarks without Decathlon's prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are trademarks of their respective owners and are subject to their respective trademark policies.

6.4 Copyright Infringement

All content you post (including text, comments, files, images, photos, videos, works, etc.) may be protected by property rights, intellectual property rights, publicity rights, or other private laws, but users still have the limited rights granted by Decathlon or the application as described below, and are subject to other special terms previously accepted for specific services on the Decathlon Website. Users are free to choose whether to post such content on the Website, including through the "Photo Sharing" service, and agree that such content will be publicly available and freely accessible on the Internet. Users agree that Decathlon may use such content for certain commercial purposes.

Users acknowledge, agree, and guarantee that they possess all necessary rights and authorizations to publish such content on the Website, including under applicable law and in accordance with applicable laws regarding personal life, property, intellectual property, contractual, or other rights. By posting such content on the Website, users understand their potential legal liability as the publisher of such content and agree that, during the period of posting, Decathlon (including its subsidiaries, technology partners, and other partners) shall have the exclusive, worldwide, royalty-free right to reproduce, display, upload, display, run, transmit, store, and sublicense such content.

Users also authorize their names to be associated with the content, and acknowledge that such association may not always be established.

Users may authorize the content they post to be automatically available on the Internet, including on other websites and/or blogs and/or webpages (including Decathlon pages, including Decathlon's social networking sites), or to share certain content with users of the Decathlon Website.

6.5 Submission Policy

Decathlon does not accept any unsolicited submissions regarding new or improved products. We will treat all information you submit as non-proprietary and non-confidential.

7. Our Communications

7.1 Electronic Communications Regarding Your Orders

You agree that we may communicate with you electronically, and that we may send you information regarding your order, such as emails regarding your order confirmation, order status, and shipping confirmation, by email.

7.2 Electronic Communications, Agreements, Notices, and Disclosures

You agree that all agreements, notices, disclosures, and other communications that we send to you electronically will satisfy any requirement that such communications be in writing and, to the extent contemplated, will constitute enforceable and binding terms or amendments to this Agreement.

7.3 Commercial Communications

If you choose to receive them, we may also send you commercial communications, such as email newsletters, notifications of new products or services, and offers. You may opt out of receiving such communications by clicking the "opt-out" or "unsubscribe" link in the corresponding email, by selecting the appropriate option in your registered user account, or by contacting us as described in the "How to Contact Us" section.

8. Third-Party Links and Third-Party Websites

The Website may contain links to third-party websites. When you access other websites through links on the Service, different legal terms and privacy policies may apply to those websites. We recommend that you read the legal terms and privacy policies of each such website. When you use these third-party websites or services, those additional terms and policies will apply to you. Decathlon has no control over such third-party websites. We are not responsible for any content on or available from such websites. We are not responsible or liable, directly or indirectly, for any damage caused or alleged to be caused by or in connection with the use of or reliance on any content available on or through any such website.

9. Disclaimer

Your use of the service is at your own risk.

Except as otherwise provided in our warranty policy, the services and any items obtained through the website are provided on an "as is" and "as available" basis without warranty of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Decathlon or any of its affiliated companiesNeither Toypaws, its affiliates, service providers, or business partners (collectively, the "Toypaws Affiliates") warrants or represents that services or items obtained through the Service will be accurate, complete, reliable, available, secure, error-free or uninterrupted, free of viruses or other harmful components, or will meet your needs or expectations, or that defects will be corrected.

Some states do not allow limitations on implied warranties. Therefore, some of the above disclaimers, exclusions, or limitations may not apply to you. In such states, Decathlon and its affiliates' warranties are excluded to the fullest extent permitted by applicable law.

10. Limitation of Liability

Neither Toypaws, its affiliates, nor their respective employees, agents, officers, or directors will be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use or downloading of any part of the Service or items obtained through the Service, or on any website linked to it.

Because some states do not allow the exclusion or limitation of certain damages, some of the above disclaimers, exclusions, or limitations may not apply to you. In such states, the liability of Decathlon and its affiliates is limited to the maximum extent permitted by applicable law, and the total liability of Decathlon and its affiliates for your access to and use of the Site and any losses or damages resulting therefrom shall not exceed $50.00 (U.S. dollars).

11. Indemnification

You agree to defend, indemnify, and hold harmless Toypaws and its affiliates, their respective employees, agents, officers, and directors, and their successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to your breach of these Legal Terms or your use of the Site.

12. Force Majeure

Under no circumstances shall Toypaws be liable for any delay or failure to perform that is caused in whole or in part by natural disasters, forces or causes beyond its reasonable control, including but not limited to Internet failures, hardware failures, software failures, power failures, telecommunications equipment failures, other equipment failures, strikes, labor disputes, riots, insurrections, civil unrest, war, labor or material shortages, fires, floods, earthquakes, explosions, acts of God, governmental actions, and orders of domestic or foreign courts or tribunals.

13. Dispute Resolution

13.1 Informal Dispute Resolution

Toypaws prefers to resolve your issues through informal legal proceedings. Before filing a claim against Toypaws, you agree to attempt to resolve the dispute informally by contacting us using the contact information shown in the "How to Contact Us" section below. We will attempt to resolve the dispute informally by contacting you via email. If the dispute is not resolved informally within sixty (60) days of submission, you or Decathlon may initiate formal legal proceedings.

13.2 Use of Arbitration

You agree that any dispute between you and Toypaws arising out of or relating to the Service or any other products, services, or items obtained through the Service will be governed by the following arbitration procedures.

Disputes will be arbitrated by a mutually agreed-upon neutral arbitrator. If we cannot agree on the selection of an arbitrator within 30 days of receipt of the Request for Arbitration, the dispute will be arbitrated by JAMS Arbitration Services. Unless the parties agree otherwise, the arbitrator will use the applicable JAMS Arbitration Rules. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-JAMS.

Upon filing a demand for arbitration, Decathlon will pay all filing, administration, and arbitrator fees for the arbitration proceeding. The arbitrator may award any relief available in court, including injunctive or declaratory relief, and attorneys' fees, as appropriate.

13.3 Jurisdiction

Any legal suit, action, or proceeding arising out of or related to these Legal Terms or the Services shall be brought exclusively in the applicable state or federal courts located in the City or County of San Francisco, but we retain the right to bring any suit, action, or proceeding against you for breach of these Legal Terms in the county where you reside or any other relevant county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13.4 Limitation of Claims

Regardless of any statute or law to the contrary, any action or claim arising out of or related to these Legal Terms or the Services must be filed within one (1) year after the claim or cause of action arose, otherwise, the action or claim will be forever barred.

14. Miscellaneous

14.1 Governing Law

All matters relating to the Services or these Legal Terms shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to its conflict of law principles.

14.2 Entire Agreement

These Legal Terms, including our Terms of Use, Privacy Policy, Terms of Sale, Return Policy, and any other legal terms or policies displayed on the Services, constitute the sole and entire agreement between you and Decathlon with respect to the Services and any merchandise purchased through the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services. Any ambiguity in the interpretation of these Legal Terms will not be construed against the drafting party.

14.3 Assignment

You may not assign or transfer these Legal Terms or any rights or licenses granted herein without Toypaws's consent. Any attempt by you to assign these Legal Terms or any rights or licenses granted herein without Decathlon's consent will be void. Toypaws may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

14.4 Waiver and Severability

Toypaws' failure to enforce any right or provision of these Legal Terms will not be deemed a waiver of such right or provision. To be effective, any waiver of any such right or provision must be in writing and signed by a duly authorized representative of Decathlon.

If any provision of these Legal Terms is held to be illegal, invalid, or unenforceable, that provision will be deemed amended to achieve the economic effect as closely as possible to that of the original provision and enforceable to the maximum extent permitted by applicable law. Such determination will not affect the validity and enforceability of any other remaining provisions.

14.5 Responding to Legal Process

Decathlon reserves the right to respond to and comply with any subpoena, warrant, or other legal order issued by a court with jurisdiction over Decathlon ("Legal Process"), provided that Decathlon deems such order valid. Where permitted by applicable law, we will make reasonable efforts to notify you of any such Legal Process by sending a copy to the email address associated with your user account. Decathlon is not responsible for any direct or indirect losses you may suffer as a result of our compliance with Legal Process.

14.6 Section Headings and Numbering

The section headings and numbering used in these Terms of Use are for convenience only and have no legal or contractual significance.

15. How to Contact Us

This website is operated by Toypaws LLC and/or toypaws.store.

Except as otherwise provided in these Terms of Sale, Return Policy, Privacy Policy, or Warranty Policy, all feedback, comments, questions, complaints, service requests, support requests, and other communications relating to the Services and products displayed or sold through the Services should be sent to: Contact Us

On the checkout page. We accept most major credit and debit cards. We will charge your credit or debit card for the full amount immediately after we pick up the first item in your order from our warehouse. If, in the unfortunate event that an item is out of stock, we will notify you immediately and you will have the option to cancel your entire order or receive a partial refund.

Please note that during the payment transaction, we require the card issuer to hold the entire order amount before we pick up the first item. This means that even if you only ordered one item, the system may still show that you have paid for that item. However, once we notify your card issuer of the order cancellation, the amount will be promptly refunded to you.

You should be aware that online payment transactions are subject to verification by your card issuer. Toypaws is not responsible if your card issuer refuses to authorize payment for any reason. Your card issuer may charge you an online processing fee or fee, for which Toypaws is not responsible.

Payment Card Processing

All purchases made using payment cards (e.g., credit, debit cards) are processed by a third party. We are not responsible for any errors or other events caused by or attributable to such payment card processors.

Taxes

You are responsible for any taxes associated with the sale and/or delivery of products. These taxes will be calculated and notified to you at the time you place your order and will be charged on the purchase price of the products.

Shipping and Delivery

Shipping and delivery charges depend on the shipping option you select and the shipping address you enter and will be indicated when you place your order.

You acknowledge that all scheduled ship dates are estimates only. Toypaws will make reasonable efforts to ensure timely shipment, but we are not responsible for any loss, damage, or penalty resulting from delays in shipment or delivery.

Title and risk of loss pass to you upon Toypaws' delivery of the product to the courier/carrier.

Incorrect Shipping Address

You must provide a complete and correct shipping address. Toypaws may charge you additional shipping fees to cover the costs of multiple delivery attempts and/or rescheduling due to an incorrect address.

Cancellation

Once an order has been placed, it cannot be cancelled. However, if you wish to return an order after placing it, please follow our Return Policy, which is incorporated into these Terms of Sale.

Returns and Refunds

Our Return Policy is incorporated into these Terms of Sale by this reference.

Limited Product Warranty

Our Limited Product Warranty (as detailed in our Warranty Policy) is incorporated into these Terms of Sale by this reference.

Resale

Products purchased through this Site are for end-user use only and, except for used equipment, may not be resold. If you decide to resell the product to someone else, this warranty does not apply.

How to Contact Us

You can submit any questions regarding these Terms of Sale or your product or order to:

Support@toypaws.store