Terms And Conditions Of Use

Introduction

These are the terms and conditions governing your access to and use of the website 974toys.com and its related sub-domains, sites, services and tools (the “Site”). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with 974toys.com (“we”, “us” or “974toys.com”) in relation to your use of the Site (the “User Agreement”). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.

Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and 974toys.com’s Privacy Policy (the “Privacy Policy”). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of 974toys.com. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

Eligibility for Membership

974toys.com wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of 974toys.com under this User Agreement or at law, 974toys.com reserves the right to limit or withdraw access to the Site or the membership of any person if 974toys.com believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by 974toys.com. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.

Your Account and Registration Obligations

When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.

On becoming a member of the Site, you agree:

You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify 974toys.com of any unauthorized use of your password or account or any other breach of security. In no event will 974toys.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree to reimburse 974toys.com for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.

• 1. You will provide true, accurate, current and complete information about yourself as prompted by 974toys.com’s registration form.

• 2. You will not include:
  (i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or
  (ii) the word “974toys” in your registration user ID.

• 3. You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if 974toys.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of 974toys.com under this User Agreement or at law, 974toys.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.

974toys.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person’s authority to act on your behalf. You agree to provide any information and/or documentation to 974toys.com upon such requests. You acknowledge and agree that if you do not, 974toys.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed/unverified accounts or accounts that have been inactive for a long time.

Electronic Communications

Amendments to this User Agreement

You acknowledge and agree that 974toys.com shall endeavor to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement (“Substantial Amendment”) in accordance with the terms of this User Agreement. You acknowledge and agree that 974toys.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.

Fees and Services

974toys.com is not an auction house nor a bank and does not offer auction or banking services. The Site is an online platform allowing the purchase of items by the end-user. Membership on the Site is free. 974toys.com does not charge any fee for browsing and buying listed items on the Site. 

974toys.com may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site. 

Unless otherwise stated, all fees shall be quoted in your country’s currency. You must pay all fees payable to 974toys.com (and any applicable taxes or charges) within 30 days of the date of any invoice to you from 974toys.com with a valid payment method as set out in our Fees & Credit Policy.

In case of non-payment of fees and/or any applicable taxes and charges by you to 974toys.com, without prejudice to any other rights and remedies of 974toys.com under this User Agreement or at law, 974toys.com without liability reserves the right to:

• a. Issue you with a warning regarding the non-payment in question.
• b. Temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your membership, if you fail to make the outstanding payment within 7 calendar days of 974toys.com issuing a warning to you.
• c. 974toys.com also reserves the right to take any necessary steps including legal action in case of non-payment of fees by you to 974toys.com
• d. Take any steps 974toys.com considers necessary including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes and charges.

Your Information

You grant 974toys.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration, bidding, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the “Information”) for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy. You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.

You undertake, represent and warrant that:

• (i) You are 18 years of age or over the age of 18 years;
• (ii) If you are a corporate representative, you have authority to bind the corporate entity;
• (iii) You will inform 974toys.com of any postings, items or transactions which appear to be in violation of this User Agreement;
• (iv) You shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
• (v) You will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information;
• (vi) You will not disclose or publicize any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.

Copyright

All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either 974toys.com, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of 974toys.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.

Abusing 974toys.com

Please report problems of any kind or violations of this User Agreement to 974toys.com. If you believe that your intellectual property rights have been violated, please notify 974toys.com. Without prejudice to any other rights and remedies of 974toys.com under this User Agreement or at law, 974toys.com may limit, suspend or withdraw a user’s access to the Site and/or a user’s membership of the Site or remove hosted content. Also, 974toys.com can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.

Shipping Limitations

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Sites. All purchases from the Sites are made pursuant to a shipment contract. As a result, the risk of loss and title for items purchased from the Sites passes to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Privacy

974toys.com takes reasonable measures (physical, organizational and technological) to safeguard against unauthorized access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. 974toys.com has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that 974toys.com may process your personal information that you provide to it for the purposes of providing the services on 974toys.com and for sending marketing communications to you and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.

Breach of User Agreement

Without prejudice to any other rights and remedies of 974toys.com under this User Agreement or at law or otherwise, 974toys.com may immediately and without liability: limit your activity, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:

• a. If you breach this User Agreement;
• b. If 974toys.com is unable to verify or authenticate any information you provide; or
• c. If 974toys.com believes (in its sole discretion) that your actions may cause legal liability for you, other users or 974toys.com.

974toys.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with 974toys.com or use the Site in any manner whatsoever until such time that such user is reinstated by 974toys.com. Notwithstanding the foregoing, if you breach this User Agreement 974toys.com reserves the right to recover any amounts due and owing by you to 974toys.com or any losses and damages caused by you to 974toys.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as 974toys.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of 974toys.com’s right to take any actions with respect to that or subsequent or similar breaches. 974toys.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.

Withdrawal of Access and/or Membership

Without prejudice to any other rights and remedies of 974toys.com under this User Agreement or at law or otherwise, 974toys.com may limit, suspend or withdraw your membership and/or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.

Limitation of Liabilities

To the extent permitted by law, 974toys.com, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not 974toys.com has been advised of the possibility of such losses or damages). 

If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to 974toys.com and 974toys.com shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.

Indemnity

You agree to indemnify and hold 974toys.com and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

Transfer of Rights and Obligations

You hereby grant 974toys.com the right to, and irrevocably acknowledge and agree that 974toys.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. 974toys.com agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of 974toys.com, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of 974toys.com.

General

If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and 974toys.com with respect to the subject matter hereof. 

No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.