Términos del servicio
Welcome to MindKidzToys.com.
These Terms of Service (“Terms”) govern your access to and use of mindkidztoys.com, including all related information, content, features, tools, products, and services offered through our website (collectively, the “Services”).
The terms “MINDKIDZ,” “MindKidzToys.com,” “we,” “us,” and “our” refer to MINDKIDZ and the operator of this website.
Our store is powered by Shopify, which enables us to provide the Services to you.
Please read these Terms carefully. These Terms include important information about your legal rights, including warranty disclaimers, limitations of liability, and your obligations when using our Services.
By visiting, browsing, purchasing from, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy. Our Privacy Policy, Refund Policy, and Shipping Policy are available on our website at mindkidztoys.com and are incorporated into these Terms by reference.
If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.
Section 1 — Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence.
If you allow a minor dependent to use the Services on a device you own, purchase, or manage, you are responsible for that minor’s use of the Services.
To use certain features of the Services, including placing an order, you may be asked to provide information such as your name, email address, billing address, shipping address, phone number, and payment information.
You represent and warrant that all information you provide is accurate, current, and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You may not transfer, sell, assign, or license your account to any other person.
Section 2 — Our Products
MINDKIDZ sells children’s toys and related products, including the MINDKIDZ Wooden Fort Building Kit.
We make reasonable efforts to display and describe our products accurately. However, product colors, appearance, scale, packaging, and details may vary depending on your device, screen settings, production updates, photography, or other factors.
Product descriptions, specifications, prices, availability, and packaging are subject to change at any time without notice.
We reserve the right to discontinue any product at any time and to limit quantities available for purchase.
We do not warrant that the appearance, quality, size, color, or other characteristics of any product will exactly match the images or descriptions shown on the Services, except as required by applicable law.
Section 3 — Product Safety and Use
Our products are intended to be used only as described on the product page, packaging, instructions, and any included safety materials.
The MINDKIDZ Wooden Fort Building Kit is designed for children ages 4–8 and should be used under adult supervision.
By purchasing or using our products, you agree that:
- An adult should inspect the product before use.
- An adult should supervise assembly and play.
- Children should not climb, hang from, jump on, or use the product as a weight-bearing structure.
- The product should not be used near stairs, sharp objects, glass, heaters, fireplaces, pools, roads, or other hazardous areas.
- Damaged, cracked, splintered, loose, or broken parts should not be used.
- Assembly instructions and safety warnings should be followed at all times.
- The product should be stored safely when not in use.
If you believe a product is damaged, defective, unsafe, or missing parts, stop using it immediately and contact us at:
info@mindkidztoys.com
Nothing in these Terms limits any rights you may have under applicable consumer product safety laws.
Section 4 — Orders
When you place an order through the Services, you are making an offer to purchase the products in your cart.
We reserve the right to accept or decline any order for any reason, including suspected fraud, inaccurate information, product unavailability, pricing errors, shipping restrictions, or violation of these Terms.
Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it. Once an order has entered fulfillment, we may be unable to cancel or change it.
If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at checkout.
Your purchases are subject to our Refund Policy, which is available on our website at mindkidztoys.com and incorporated into these Terms by reference.
You represent and warrant that your purchases are for personal or household use and not for commercial resale, unauthorized distribution, or export.
Section 5 — Prices, Promotions, and Billing
Prices, discounts, promotions, and product availability are subject to change without notice.
The price charged for a product will be the price in effect at the time your order is placed and will be shown in your order confirmation email.
Unless otherwise stated, posted prices do not include taxes, shipping, handling, duties, customs charges, or other applicable fees.
Prices shown on our website may differ from prices offered through other sales channels, marketplaces, retailers, promotions, or third-party stores.
Promotional offers, discount codes, bundles, free gifts, or limited-time offers may be subject to additional terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will govern for that promotion only.
We reserve the right to modify, suspend, or cancel promotions at any time.
You agree to provide current, complete, and accurate billing, payment, and account information for all purchases.
You represent and warrant that:
- The payment information you provide is true, correct, and complete.
- You are authorized to use the payment method provided.
- Charges incurred by you will be honored by your payment provider.
- You will pay all charges incurred by you at the posted prices, including shipping, handling, and applicable taxes.
Section 6 — Shipping and Delivery
Shipping and delivery are governed by our Shipping Policy, which is available on our website at mindkidztoys.com and incorporated into these Terms by reference.
Delivery dates and transit times shown on the Services are estimates unless expressly stated otherwise.
We make reasonable efforts to ship orders within the timeframe shown at checkout or in our shipping communications. If no shipping timeframe is provided, we will make reasonable efforts to ship within the timeframe required by applicable law.
If we determine that we cannot ship your order within the promised timeframe, we may contact you with an updated estimated shipping date or offer you the option to cancel your order and receive a refund for unshipped products, as required by applicable law.
We are not responsible for delays caused by carriers, weather, natural disasters, labor disruptions, incorrect shipping information, failed delivery attempts, high-volume periods, customs processing, or other events outside our reasonable control.
Once an order has been packed, shipped, assigned tracking, or handed to a carrier, we may be unable to cancel, reroute, intercept, or modify the order.
You are responsible for providing a complete and accurate shipping address at checkout. If an order cannot be delivered because of an incorrect or incomplete address provided by you, the order may not be eligible for refund.
Orders marked as delivered by the carrier are not automatically eligible for refund. We may use tracking information, delivery confirmation, proof of delivery, or carrier investigation results to determine the appropriate resolution.
For lost, damaged, incorrect, or missing items, please contact us at:
info@mindkidztoys.com
Section 7 — Returns, Refunds, and Replacement Parts
Returns, refunds, exchanges, and replacement parts are governed by our Refund Policy, which is available on our website at mindkidztoys.com and incorporated into these Terms by reference.
For eligible U.S. orders, you may request a return within 30 days of delivery.
For damaged, defective, incorrect, or missing items, you must contact us within 7 days of delivery at:
info@mindkidztoys.com
For returns due to change of mind, duplicate order, no longer wanting the product, or finding the product too difficult to assemble, a $14.95 return shipping and processing fee may be deducted from your refund, as described in our Refund Policy.
Returns sent without prior authorization may not be accepted or refunded.
Section 8 — Intellectual Property
The Services, including all trademarks, logos, names, product names, text, images, graphics, product reviews, video, audio, page layouts, designs, software, and other content, are owned by MINDKIDZ, our affiliates, or our licensors and are protected by U.S. and foreign intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, scrape, copy, or exploit any material from the Services without our prior written consent.
Nothing in these Terms grants you any license or right to use any trademark, copyright, patent, trade dress, or other intellectual property of MINDKIDZ, Shopify, or any third party, except as expressly stated.
The names, logos, product names, designs, and slogans of MINDKIDZ are trademarks or trade dress of MINDKIDZ or our affiliates or licensors. You may not use them without our prior written permission.
Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the property of their respective owners.
Section 9 — Optional Tools
We may provide access to customer tools, integrations, features, applications, or services offered by third parties.
You acknowledge and agree that such tools are provided “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement.
We are not responsible for any loss, damage, or liability arising from your use of optional third-party tools.
Your use of third-party tools is entirely at your own risk and may be subject to the terms and policies of the applicable third-party provider.
We may add, modify, or remove tools, features, or resources at any time. Any new tools or features will also be subject to these Terms.
Section 10 — Third-Party Links
The Services may contain links, materials, embedded content, or functionality provided by third parties.
We are not responsible for examining or evaluating the content, accuracy, availability, policies, practices, or security of third-party websites or services.
If you access third-party websites or services, you do so at your own risk.
We are not liable for any harm, loss, or damage related to your use of third-party websites, resources, products, services, or content.
Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.
Section 11 — Relationship with Shopify
MindKidzToys.com is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make through our store are made directly with MINDKIDZ.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and MINDKIDZ, including any injury, damage, loss, refund, return, product issue, or dispute arising from products or services purchased from us.
You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with MINDKIDZ.
Section 12 — Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, which is available on our website at mindkidztoys.com and incorporated into these Terms by reference.
Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services.
Information you submit through the Services may be transmitted to and shared with Shopify and other third-party service providers, which may be located in countries other than where you reside.
By using the Services, you acknowledge that you have read our Privacy Policy.
Section 13 — Email and SMS Communications
By providing your email address or phone number, you agree that we may contact you about your order, account, customer service requests, shipping updates, returns, refunds, product safety matters, and other transactional communications.
If you separately opt in to marketing communications, we may send you promotional emails or text messages, subject to applicable law.
You may unsubscribe from marketing emails by using the unsubscribe link included in those emails.
Message and data rates may apply to SMS messages. You may opt out of marketing SMS messages by following the instructions provided in the message.
Transactional communications related to your order or account may still be sent even if you unsubscribe from marketing communications.
Section 14 — Feedback, Reviews, and User Content
If you submit, upload, post, email, tag, review, or otherwise transmit any ideas, suggestions, feedback, reviews, photos, videos, proposals, plans, testimonials, or other content related to MINDKIDZ or the Services (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, translate, distribute, display, and create derivative works from such Feedback in any medium for any purpose, including marketing and commercial use.
You represent and warrant that:
- You own or have all necessary rights to the Feedback.
- Your Feedback is accurate and not misleading.
- Your Feedback does not violate the rights of any third party.
- You have disclosed any compensation, incentive, or material connection related to the Feedback.
- Your Feedback complies with these Terms and applicable law.
We are not obligated to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.
We may monitor, edit, remove, or refuse to publish Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, misleading, infringing, spammy, or otherwise objectionable.
You are solely responsible for your Feedback and its accuracy.
Section 15 — Errors, Inaccuracies, and Omissions
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, discounts, shipping charges, transit times, availability, or other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Services is inaccurate at any time, including after you have submitted an order.
If we cancel an order after payment has been processed, we will issue a refund for the cancelled portion of the order.
Section 16 — Prohibited Uses
You may access and use the Services only for lawful purposes.
You may not access or use the Services, directly or indirectly:
- For any unlawful, fraudulent, abusive, or malicious purpose.
- To violate any international, federal, state, or local law or regulation.
- To infringe upon or violate our intellectual property rights or the rights of others.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or threaten any person.
- To transmit false or misleading information.
- To upload, download, transmit, or distribute unlawful, harmful, or infringing content.
- To send spam, junk mail, chain letters, phishing messages, or other unsolicited communications.
- To impersonate any person or entity.
- To interfere with or disrupt the operation or security of the Services.
- To collect or track personal information of others.
- To scrape, extract, copy, crawl, index, or harvest content or data from the Services without our prior written permission.
- To use bots, spiders, scrapers, crawlers, data extraction tools, automated processes, or AI agents in a way that violates these Terms.
- To bypass, interfere with, or circumvent any security, access-control, robot exclusion, CAPTCHA, rate-limiting, or anti-abuse measure.
- To purchase products for unauthorized resale, export, or commercial distribution.
We reserve the right to suspend, disable, or terminate your access to the Services if we determine that you have violated these Terms.
Section 17 — Agents and Automated Access
This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services.
“Agent” means any software, service, bot, crawler, scraper, AI system, autonomous system, or semi-autonomous system that acts on behalf of or at the instruction of any person or entity and can access, use, or interact with the Services without direct human supervision.
No Agent may access, use, or interact with the Services unless it complies with these Terms.
Agents must:
- Clearly identify themselves in all HTTP/HTTPS requests by including “Agent/[agent name]” in the user-agent string.
- Not conceal or obfuscate that access is coming from an Agent.
- Not mimic human behavior to bypass detection.
- Not complete or circumvent CAPTCHAs or other measures intended to distinguish humans from automated systems.
- Respond truthfully to any prompt or mechanism designed to determine whether an interaction is human or automated.
- Not bypass, avoid, or interfere with any measure intended to block, limit, control, or modify automated access.
We may limit, block, suspend, or terminate any Agent’s access to the Services at any time, including by technical measures.
Section 18 — Termination
We may terminate these Terms or your access to the Services, or any part of the Services, at any time and without notice if we determine that you have violated these Terms or applicable law, or if we otherwise decide to discontinue or restrict access to the Services.
You will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Reviews, User Content, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 19 — Disclaimer of Warranties
The information presented on or through the Services is made available for general information purposes.
We do not warrant the accuracy, completeness, or usefulness of any information on the Services. Any reliance you place on such information is strictly at your own risk.
Except as expressly stated by MINDKIDZ or required by applicable law, the Services and all products offered through the Services are provided “as is” and “as available,” without warranties, representations, or conditions of any kind, either express or implied.
To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee that the Services will be uninterrupted, timely, secure, error-free, virus-free, or available at all times.
Some jurisdictions do not allow limitations on implied warranties, so some of the above limitations may not apply to you.
Nothing in these Terms is intended to limit any rights you may have under applicable consumer protection or product safety laws.
Section 20 — Limitation of Liability
To the fullest extent permitted by law, MINDKIDZ, Shopify, and our respective affiliates, partners, directors, officers, employees, agents, contractors, service providers, and licensors shall not be liable for any indirect, incidental, punitive, special, consequential, exemplary, or similar damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or business interruption.
To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Services or any product purchased through the Services shall not exceed the amount you paid for the product or service giving rise to the claim.
This limitation applies whether the claim is based in contract, tort, negligence, strict liability, warranty, statute, or any other legal theory, even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
Nothing in these Terms limits liability that cannot be limited under applicable law.
Section 21 — Indemnification
You agree to indemnify, defend, and hold harmless MINDKIDZ, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, demands, judgments, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- Your breach of these Terms or any policy incorporated by reference.
- Your violation of applicable law.
- Your violation of the rights of a third party.
- Your misuse of the Services.
- Your misuse of any product purchased through the Services.
- Your Feedback or user content.
We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.
We may control the defense and settlement of any indemnifiable claim at your expense, including choice of counsel, provided that we will not settle any claim requiring non-monetary obligations from you without your consent, which may not be unreasonably withheld.
You agree to cooperate in the defense of indemnifiable claims.
Section 22 — Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion will be deemed severed from these Terms, and such determination will not affect the validity or enforceability of any remaining provisions.
Section 23 — Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
These Terms, together with any policies or operating rules posted by us on the Services, constitute the entire agreement between you and us and govern your use of the Services.
These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.
Section 24 — Assignment
You may not delegate, transfer, or assign these Terms or any rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
Section 25 — Governing Law and Venue
These Terms and any separate agreements through which we provide Services to you shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles.
To the extent permitted by applicable law, you and MINDKIDZ consent to the exclusive jurisdiction and venue of the state and federal courts located in Wyoming for any dispute arising out of or relating to these Terms, the Services, or any purchase made through the Services.
Nothing in this section limits any rights you may have under mandatory consumer protection laws that apply in your state of residence.
Section 26 — Headings
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Section 27 — Changes to These Terms
You can review the most current version of these Terms at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes.
Where required by applicable law, we will notify you of material changes to these Terms.
Your continued use of or access to the Services following the posting of changes to these Terms constitutes acceptance of those changes.
Section 28 — Contact Information
Questions about these Terms should be sent to us at:
MINDKIDZ
info@mindkidztoys.com
mindkidztoys.com
30 St Gould Ste, Sheridan, WY 82801, United States