Terms of service

OVERVIEW

Welcome to Think & Play! The terms “we”, “us” and “our” refer to Think & Play. Think & Play operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Think & Play is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

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 and you have given us consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Think & Play reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Think & Play confirms acceptance.
We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Think & Play may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that:

  • (i) The credit card information you provide is true, correct, and complete.

  • (ii) You are duly authorized to use such credit card for the purchase.

  • (iii) Charges incurred by you will be honored by your credit card company.

  • (iv) You will pay charges incurred by you at the posted prices, including shipping, handling charges, and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Think & Play, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.
Think & Play’s names, logos, product and service names, designs, and slogans are trademarks of Think & Play or its affiliates or licensors. You must not use such trademarks without the prior written permission of Think & Play.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions. We shall have no liability arising from or relating to your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials.
We are not liable for any harm or damages related to your access of third-party websites or your purchase of third-party products and services.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Think & Play is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Think & Play.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Think & Play, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify from all claims, damages, and liabilities arising from your purchases.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information to provide and improve the Services for you. Review our Privacy Policy for more details.

SECTION 11 - FEEDBACK

If you submit any Feedback (e.g., ideas, suggestions, reviews), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, and display such Feedback in any medium for any purpose.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate, even after you have submitted your order.

SECTION 13 - PROHIBITED USES

You may not access or use the Services for unlawful or malicious purposes. Prohibited activities include violating laws, infringing intellectual property rights, transmitting harmful materials, or impersonating others.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The Services and all products offered through the Services are provided "as is" without any warranties. We do not guarantee that your use of the Services will be uninterrupted, secure, or error-free.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Think & Play and its affiliates are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Think & Play and Shopify from any losses, damages, or claims arising out of your breach of these Terms of Service or your use of the Services.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is found to be unenforceable, the remaining provisions will remain in effect.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise any right or provision of these Terms does not constitute a waiver. These Terms of Service constitute the entire agreement between you and us.

SECTION 20 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer or assign our rights and obligations without notice.

SECTION 21 - GOVERNING LAW

These Terms of Service are governed by the laws of the jurisdiction where Think & Play is headquartered.

SECTION 22 - HEADINGS

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

SECTION 23 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or change these Terms of Service at any time. It is your responsibility to review them periodically.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at davezavin@gmail.com.
Our contact information is posted below:
davezavin@gmail.com