Use of the website
Upon agreeing to the Terms and Conditions, you are granted a restricted privilege to access the Website, specifically for the purpose of procuring products or services, subject to the stipulated terms and conditions outlined within.
Accessing certain sections or features of the Website may necessitate the creation of a user account, wherein you will be required to furnish accurate personal details through a registration form. It’s imperative to note that Tubby Toys relies on the information provided by you during this process, hence you are obligated to ensure its truthfulness and accuracy. Furthermore, any changes to the information provided, such as alterations in contact details or billing information, should be promptly communicated to Tubby Toys.
It is crucial to recognize that only individuals who are legally capable of entering into binding contracts as per the Indian Contract Act, 1872, are eligible to engage in transactions on the Website. Minors under the age of 18 can only utilize the Website with the explicit consent and supervision of a parent or legal guardian. Those deemed “incompetent to contract,” including undischarged insolvents, are not permitted to utilize the services offered by the Website.
Tubby Toys retains the discretionary authority to refuse account creation, suspend existing accounts, or terminate accounts without prior notice. This prerogative is exercised particularly in instances where a user is found to be in violation of the established Terms and Conditions or engages in behavior deemed detrimental to the reputation of Tubby Toys.
Users bear the sole responsibility for safeguarding the confidentiality of their login credentials, including usernames and passwords. Any unauthorized access or usage of the Website utilizing your credentials must be promptly reported to Tubby Toys. Until such notification is made, you remain accountable for any unauthorized activities conducted through your account. Users are advised to exercise caution, especially when accessing the Website from public networks or devices.
Usernames selected during the registration process must not be intended to impersonate others, nor should they contain offensive or inappropriate language. Tubby Toys reserves the right to reject or revoke usernames at its sole discretion. Users are solely accountable for any activities conducted through their respective accounts.
Tubby Toys may, either directly or through third-party services, extend various forms of communication such as alerts, newsletters, emails, or promotional offers to users, based on their indicated preferences during registration or subsequent interactions with the Website.
In the regular operation of the Website, Tubby Toys may find it necessary to monitor user activity for legitimate purposes such as ensuring functionality, security, generating reports for business insights, and enhancing overall user experience. This monitoring is conducted to maintain the integrity and efficiency of the Website’s services.
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Products and pricing
Currently, only soft toys are available for purchase on our website. Tubby Toys, operating under Florence Toys Factory, is the manufacturer of the soft toys listed in this category. When you purchase products from Tubby Toys, we take full responsibility for product quality, warranty, accuracy of descriptions, timely deliveries, and addressing any complaints. We are obligated to adhere to the Terms and Conditions outlined here in relation to the sale of our products through this website.
Our product offerings, along with their descriptions and prices, may undergo changes periodically. Tubby Toys reserves the right to modify, suspend, or discontinue the sale of our products or services at any time, with or without prior notice.
While we strive to provide accurate information on our website, Tubby Toys does not guarantee the absolute accuracy, completeness, or precise dimensions of our products and information displayed. Availability of a product is contingent upon stock availability.
Tubby Toys retains the discretion to alter or update product prices and details on the website without prior notification to users. Please note that product specifications (such as weight, size, and color) provided alongside product photos are approximate, and there may be slight variations between the images and the actual products.
Unauthorized duplication or replication of our products is strictly prohibited. In the event of discovering any unauthorized copies of our products in the market, Tubby Toys reserves the right to take legal action against the individual or organization responsible for such infringement.
We encourage you to refer to our care guide, accessible on the website, for proper maintenance of the toys you receive from us.
Orders and Acceptance of orders
The products displayed on the Tubby Toys website are presented to prompt offers from users. When you place an order, you are essentially making an offer to purchase, which is subject to our acceptance. Our acknowledgment of your order through email, SMS, or push notification does not constitute acceptance of your offer. Tubby Toys reserves the right, upon receipt of your order, to accept, decline, or cancel it, either wholly or partially. Acceptance of your offer is deemed to occur when the products are dispatched for delivery by Tubby Toys. Any action or inaction on our part other than dispatch shall not be construed as acceptance of your offer. Additional verifications or information may be required before we accept any order.
In the event of Tubby Toys canceling all or part of your order, your sole and exclusive recourse is as follows:
- Tubby Toys will not debit your credit/debit card or bank account for the cancelled portion of the order.
For your convenience, Tubby Toys accepts various payment methods including Visa, MasterCard, RuPay, PayPal, and American Express Debit Cards, as well as Internet Banking, Digital Wallets, and UPI. However, it’s important to note that payments made through these options, whether via the website’s payment gateway, are subject to the specific terms and conditions of the respective third-party payment gateways
Substitution Policy:
If a product you’ve ordered is out of stock or unavailable, we’ll reach out to you to offer an alternative product. In the event that we cannot reach you, we’ll proceed with sending the alternate product, recognizing that you’re sending it to your loved one(s) for a special occasion, and we wouldn’t want anything to detract from the spirit of the celebration.
Order Modification/Cancellation Policy:
Tubby Toys retains the right to cancel any order for various reasons, including unforeseen circumstances that may affect the fulfillment of your order. These circumstances may include limitations on available quantities for purchase, errors in product or pricing information, or constraints within our credit department. Prior to canceling any order, we will make an effort to contact and notify you accordingly.
In instances where order modification or cancellation is necessary, you are required to provide a minimum of 24 hours’ advance notice.
Once an order has been prepared or dispatched, cancellation or modification is not feasible, and you will incur charges for the order. Should there be constraints such as limited quantities available for purchase, errors in product or pricing information, or other unforeseen circumstances, we reserve the right to cancel your order.
Notification of order cancellation and subsequent refund details will be communicated to you via email or SMS.
Order/Delivery Confirmation Email and SMS:
Upon placing an order on the Website/App, you will promptly receive an order confirmation via email and SMS. This confirmation will encompass all pertinent details of your order, including the unique order number which will serve as reference should you need to reach out to Tubby Toys. Additionally, you will receive a delivery confirmation email and SMS once your order has been successfully delivered. Kindly ensure to check your registered phone number or email address for these notifications.
Shipping & Delivery Policy:
Tubby Toys is committed to delivering products to the recipient according to the delivery option chosen by the user during order placement. The delivery timeframe is contingent upon the specified location for delivery. To accommodate customer convenience and preferences, Tubby Toys offers two delivery options: ‘Quick delivery’ and ‘Free Deliveries’. For quick deliveries, Tubby Toys levies a nominal charge, the details of which are clearly presented on the webpage when selecting the desired delivery timeframe.
However, in the case of quick deliveries, Tubby Toys is obligated to deliver your product within the selected timeframe, barring circumstances beyond its reasonable control, such as unforeseen events (referred to as “Force Majeure Events”), which may include unexpected delays from courier partners or transporters due to weather conditions, political disruptions, strikes, war, lockdowns, or other unforeseen circumstances. In such instances, we will proactively communicate with you regarding any delays or changes. It is advisable to regularly check your emails and SMS for updates.
Duplicate Orders:
If you accidentally place two or more identical orders, please notify Tubby Toys promptly. Tubby Toys will issue a full refund for the duplicate order if it has not yet been prepared or delivered. In the event that Tubby Toys identifies the duplication before delivery, we will attempt to contact you to confirm the order. If we are unable to reach you, Tubby Toys reserves the right to make the final decision on behalf of the customer.
Payments Terms:
When placing an order on our Website, you agree to adhere to the price listed and applicable for the product or service at the time of order submission. Additionally, you acknowledge responsibility for any delivery fees associated with your chosen delivery service, if applicable, as well as any relevant taxes as defined below. You are solely accountable for the payment of all taxes (excluding taxes based on Tubby Toys’ income), fees, duties, governmental charges, along with any associated penalties and interest arising from the purchase of products and services not withheld by Tubby Toys.
Kindly note that all payments made are non-refundable, except as expressly specified in these Terms and Conditions.
Payment Details:
Order delivery is contingent upon the payment being credited to Tubby Toys’ account. Orders will only be processed once payment is received by us. Tubby Toys accepts payments via Visa, MasterCard, RuPay, PayPal, and American Express Debit and Credit Cards, as well as Internet Banking, Digital Wallets, and UPI. Both domestic and international cards are accepted by Tubby Toys.
By making transactions on the website, you acknowledge that you are not using any Credit or Debit card, digital wallet, or UPI ID fraudulently, and that you are authorized to use such payment methods. You agree to provide accurate and correct information regarding your payment mechanism for such transactions. The liability for fraudulent use of a card or payment mechanism rests with you, and the responsibility to provide evidence to the contrary lies exclusively with you. Tubby Toys does not accept responsibility for any transactions processed without your consent and knowledge. The cardholder or holder of any payment mechanism is solely liable for the transactions and charges on their account.
All payments made for purchases on the Website must be in Indian Rupees acceptable in the Republic of India. The Website does not facilitate transactions in any other currency for purchases made on the Website.
Before shipping or delivering your order, Tubby Toys may request supporting documents (including, but not limited to, government-issued IDs) to verify the ownership of the payment instrument used for your purchase. This is done in the interest of providing a secure online shopping environment for our users.
It is further clarified that:
Transactions, transaction prices, and all commercial terms such as delivery and dispatch of products are based on principal-to-principal bipartite contractual obligations between the customer and:
a) Tubby Toys, with the payment facility provided on the Website serving as a facilitator to complete the transaction.
b) You understand, accept, and agree that the payment facility available on the Website is not a banking or financial service, but rather a facilitator providing an electronic, automated online electronic payment, utilizing the existing authorized banking infrastructure and credit card payment gateway networks.
Communications:
In accordance with the terms of use and your registration on our Website, you consent to receiving communications from us via email, SMS, or any other electronic, verbal, or physical means, including postal mail. You acknowledge that all agreements, notices, disclosures, and other communications provided to you by Tubby Toys via email or any other aforementioned mediums fulfill any legal requirement for such communications to be in writing.
In certain instances, we may need to contact the recipient before delivery. If you prefer that we do not contact the recipient, please inform us through feedback form of your preference.
As Tubby Toys operates as an gifting business, we offer occasion reminder services wherein we may remind you of certain offers on different occasions in future year(s). By consenting to this service, you agree to be contacted by Tubby Toys through SMS, phone call, and email on your registered phone number and email address to facilitate this free occasion reminder service.
Feedback and Suggestions:
At Tubby Toys, we are dedicated to providing you with exceptional products and services. We endeavor not only to meet but to surpass your expectations. If you encounter any issues with an order or are dissatisfied with our services, please don’t hesitate to contact us through feedback form or email us at support@tubbytoys.in. Your feedback and suggestions are invaluable to us.
Please take note: Any complaints must be reported within 24hours (twenty four) hours from the time of delivery, beyond which we will be unable to accept any complaints. Complaints regarding non-delivery must be lodged within 7 (seven) days from the date of delivery, after which we cannot register any complaints. In the event of a defective product, we will arrange for a replacement. For quality assurance purposes, a reverse pick-up may be required before redelivery can be arranged.
Returns and Refund Policy:
We do not accept returns, except in cases where the received product is damaged, defective, or incorrect. If you encounter such an issue, please promptly report it to our customer support team within 24 hours of delivery, along with an image of the item received. Our team will reach out to you for any additional details required regarding the delivered product.
Tubby Toys does not provide warranties, returns, or refunds on bows, ribbons, or zippers affixed to or provided within the teddy bears.
You have the following options:
- Request for the product to be re-delivered.
- Choose a refund in the original mode of payment (amount credited to your account within 7-10 working days, as per standard banking timelines).
Please note that refunds are not provided in the following cases:
- Delivery to an incorrect address or Non-acceptance of delivery by the recipient or if the recipient is unavailable at the provided delivery address.
- Quality concerns arising from improper handling of the product.
Additional Notes:
- Complaints must be lodged within 24 hours from the time of delivery; beyond this period, complaints cannot be registered.
- Complaints regarding non-delivery must be reported within 7 days from the date of delivery.
- For quality assurance purposes, a reverse pick-up may be required before redelivery can be arranged.
- Requests for product exchanges are not accepted.
- If we are unable to supply all or part of your order, we will promptly notify you and reimburse your payment for the undelivered portion.
- Online refunds will be processed by Tubby Toys upon confirmation via email or phone call to the customer. Please allow 10 to 15 business days for the refunded amount to reflect in your account, as per standard banking timelines.
Additional detailed information is provided on the return and replacement page.
Warranty
The warranty is applicable solely for manufacturing defects and cannot be invoked for issues arising from mishandling of the products or normal wear and tear.
License
These Terms and Condition provide you with a personal, revocable, non-exclusive, non-transferable license to use this Website conditioned on your continued compliance with these Terms and Conditions. You may use this site solely for your personal, non-commercial use (except for B2B business partners), and you may download a single copy of the materials from this site only for personal, non-commercial home use, as long as you agree not to remove any copyright, trademark, or other proprietary notices from the materials downloaded. Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this site without the prior written permission of the material’s owner. As a condition of your use of this site, you warrant to Tubby Toys that you will not use this site for any purpose that is unlawful, unauthorized, or inconsistent with these Terms and Conditions, and you agree that the license to use Tubby Toys website will terminate immediately upon your violation of this warranty. Tubby Toys reserves the right to terminate your access to this site and its content at any time, with or without notice, at our discretion.
Disclaimers, Limitations, and Exclusions of Liability:
Tubby Toys endeavors to provide you with access to its services 24 hours a day, seven days a week. However, the Website may occasionally be unavailable due to unavoidable circumstances or for maintenance purposes. Tubby Toys makes no representations regarding the suitability, completeness, timeliness, reliability, legality in your jurisdiction, or accuracy of the information, materials, products, and services described or contained on this Website for any purpose. To the fullest extent permitted by applicable law, Tubby Toys disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, system integration, data accuracy, and quiet enjoyment. Tubby Toys does not warrant that the Website, its servers, or email sent from the Website are free of viruses or other harmful components.
Tubby Toys and its affiliates shall not be liable for any damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, or consequential damages, or special damages, whether or not such damages were foreseeable. In no event shall the aggregate liability of Tubby Toys to you for any and all claims arising in connection with your use of the Website.
You agree and acknowledge that this limitation of liability is an essential term of these Terms and Conditions, and Tubby Toys would not provide the service or products listed on the Website to you without this limitation.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising these Terms and Conditions. It is your responsibility to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
Tubby Toys and its affiliates shall not be liable for any damages of any kind arising in relation to the following:
- The use or consumption of products procured or manufactured.
- The products delivered to you by any third party. Tubby Toys assumes no responsibility for examining or evaluating the third-party products and services. Tubby Toys does not warrant the offerings of any third-party products. Tubby Toys does not endorse, in any way, any third-party products or services or the content thereof on their websites. Any claims regarding the same shall be made directly with the third party.
If Tubby Toys is unable to deliver your order, a complete refund will be issued. However, Tubby Toys shall not be liable for any other charges, loss of profits, emotional stress, or any other liability resulting from such non-delivery.
Fraudulent Transactions:
In the event that Tubby Toys identifies any customer engaging in fraudulent transactions on the Website, it reserves the right to reclaim the expenses incurred for products, collection charges, and legal fees from the respective customer who has utilized the Website deceitfully. However, such recovery actions will not waive Tubby Toys’ entitlement to pursue legal action against the said customer for their unlawful conduct.
Privacy:
The data obtained from your registration and other information gathered while using this Website are governed by the Privacy Policy. By using this Website, you acknowledge your consent to the collection and utilization of this information (as outlined in the Privacy Policy), including any necessary transfers as permitted by applicable laws. For further details, please refer to our complete privacy policy at Privacy Policy.
Termination of Registration:
Your agreement to abide by these Terms and Conditions will persist as long as you continue to utilize this Website. However, Tubby Toys retains the authority to terminate your registration on this Website at its sole discretion. This may occur if you violate the Terms and Conditions or engage in conduct that, in Tubby Toys’ reasonable judgment, harms its reputation.
GENERAL:
In the event that any provision within these Terms and Conditions is deemed by a court of competent jurisdiction to be in conflict with any law, the remaining provisions of these Terms and Conditions shall remain fully enforceable. No joint venture, partnership, employment, or agency relationship is established between you and Tubby Toys as a result of these Terms and Conditions or your utilization of the Website.
Entire Agreement: These Terms and Conditions, along with the Terms of Use, return/refund policy, privacy policy, substitution policy, and any other rules and policies posted on the Website, which are hereby incorporated by reference, constitute the entire agreement between you and Tubby Toys regarding your use of the materials available on the Website, superseding all prior or contemporaneous communications and proposals between you and Tubby Toys concerning the Website. Any rights not expressly granted in these Terms of Use are reserved.
No Assignment: These Terms and Conditions are personal to each user, and you may not assign, transfer, sublet, lease, or delegate any of your rights and obligations without the prior written consent of Tubby Toys. Tubby Toys reserves the right to assign or transfer any of its rights and obligations under these Terms and Conditions to any of its affiliates or any other third party without notice to you.
Updates/Modifications: You agree to be bound by these Terms and Conditions, which may be updated or modified from time to time without prior notice. Any changes or modifications become part of these Terms and Conditions and shall take effect immediately. By continuing to use this Website after such modifications or changes to the Terms and Conditions, you are deemed to have accepted such modifications or changes. The Company may, at its sole discretion, require you to re-accept a substantially revised Terms and Conditions to continue accessing or using the services provided through the Website. To ensure a positive experience with us, we advise you to review these Terms and Conditions each time you intend to make any transaction on the Website.
Governing Law and Dispute Resolution: These Terms and Conditions shall be governed by and construed in accordance with the laws of India. Any disputes arising from these Terms and Conditions shall be subject to arbitration conducted by an independent sole arbitrator. Either party may approach the competent court in New Delhi for the appointment of the arbitrator. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended). The seat and venue of arbitration shall be in New Delhi, and the proceedings shall be conducted in the English language. Subject to arbitration, the jurisdictional courts of New Delhi shall be entitled to grant interim relief/injunction.
Losses: Tubby Toys shall not be liable for any business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable by either you or us when you commenced using the Website.
Any rights not expressly granted herein are reserved.
