Terms of service

Overview

This website is operated by Manhattan Toy. Throughout the site, the terms “we,” “us,” and “our” refer to Manhattan Toy. Manhattan Toy offers this website, including all information, tools, products, and services available from this site, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service. These Terms apply to all users of the site, including browsers, customers, vendors, merchants, and content contributors.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all terms and conditions, you may not access the website or use any services.

Any new features, products, tools, or services added to the current store will also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our website. Your continued use of or access to the website after changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. Shopify provides the online ecommerce platform that allows us to sell our products and services to you.

Microsoft Clarity and Advertising

We partner with Microsoft Clarity and Microsoft Advertising to better understand how customers use and interact with our website. These tools may use behavioral metrics, heatmaps, session replay, cookies, and other tracking technologies to help us improve our website, market our products, optimize site performance, and support fraud prevention and security.

For more information about how Microsoft collects and uses data, please review the Microsoft Privacy Statement.

Accessibility

Manhattan Toy is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We aim to comply with applicable accessibility standards.

If you experience difficulty accessing any part of this website, please contact us by phone at 1-800-541-1345 or by email at hello@manhattantoy.com.

Section 1: Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us consent to allow your minor dependents to use this site.

You may not use our products or Service for any illegal or unauthorized purpose. You may not violate any laws in your jurisdiction, including copyright laws, when using the Service.

You must not transmit any worms, viruses, malware, or code of a destructive nature.

A breach or violation of these Terms may result in immediate termination of your access to the Service.

Section 2: General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks or changes to meet technical requirements. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

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

Section 3: Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be used as the sole basis for making decisions.

This site may contain historical information. Historical information is not current and is provided for reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4: Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service, or any part of it, without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5: Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display product colors and images as accurately as possible. We cannot guarantee that your device or computer monitor’s display of any color will be accurate.

We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case by case basis.

We reserve the right to limit quantities, change product descriptions or pricing, and discontinue any product at any time. Any offer made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained through the Service will meet your expectations, or that any errors in the Service will be corrected.

Section 6: Orders, Billing, and Account Information

We reserve the right to refuse any order you place with us.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, or orders that use the same billing or shipping address.

If we change or cancel an order, we may attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or unauthorized third parties.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account information, including your email address and payment information, so we can complete your transactions and contact you as needed.

Section 7: Shipping, Returns, Refunds, and Exchanges

Shipping, returns, refunds, and exchanges are governed by our posted Shipping Policy and Refund Policy.

We do our best to ship orders correctly. If we make a mistake, or if an item is defective, please contact our Customer Support team so we can help resolve the issue.

Gift cards are not eligible for return or refund unless otherwise required by law.

Section 8: Optional Tools

We may provide access to third party tools that we do not monitor, control, or influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, conditions, or endorsement. We shall have no liability arising from or related to your use of optional third party tools.

Any use of optional tools is entirely at your own risk and discretion. You should make sure you understand and approve of the terms provided by the relevant third party provider.

Any new services or features added in the future will also be subject to these Terms.

Section 9: Third Party Links

Certain content, products, and services available through our Service may include materials from third parties.

Third party links may direct you to websites that are not affiliated with us. We are not responsible for evaluating their content or accuracy and will not have any liability for third party materials, websites, products, or services.

We are not liable for harm or damages related to purchases, use of goods, services, resources, content, or transactions made through third party websites. Please review third party policies before engaging in any transaction.

Section 10: User Comments, Feedback, and Other Submissions

If you send submissions, ideas, suggestions, proposals, plans, reviews, feedback, or other materials, you agree that we may edit, copy, publish, distribute, translate, and otherwise use those comments without restriction.

We are under no obligation to maintain comments in confidence, pay compensation for comments, or respond to comments.

We may monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or in violation of intellectual property rights or these Terms.

You agree that your comments will not violate any third party rights and will not contain unlawful, abusive, obscene, or harmful material. You may not use a false email address, pretend to be someone else, or mislead us or third parties about the origin of any comments.

You are solely responsible for your comments and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.

Section 11: Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 12: Errors, Inaccuracies, and Omissions

Occasionally, information on our site or in the Service may contain errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other details.

We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been submitted.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law.

Section 13: Prohibited Uses

In addition to other prohibitions in these Terms, you are prohibited from using the site or its content:

For any unlawful purpose.
To solicit others to perform or participate in unlawful acts.
To violate any international, federal, provincial, state, or local laws, rules, or regulations.
To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate.
To submit false or misleading information.
To upload or transmit viruses, malware, or any other type of malicious code.
To collect or track the personal information of others.
To spam, phish, pharm, pretext, spider, crawl, or scrape.
For any obscene or immoral purpose.
To interfere with or circumvent the security features of the Service, any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

Section 14: Mobile Terms of Service

The Manhattan Toy mobile message service is operated by Manhattan Toy. Your use of the mobile message service constitutes your agreement to these Mobile Terms.

By consenting to Manhattan Toy’s SMS or text messaging service, you agree to receive recurring SMS or text messages from and on behalf of Manhattan Toy through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.

Text messages may be sent using an automatic telephone dialing system or other technology. Service related messages may include order updates, account alerts, and other transactional messages. Promotional messages may include promotions, specials, VIP deals, sales, new product releases, and other marketing offers.

You understand that you do not have to sign up for SMS or text messaging in order to make a purchase. Your consent is not a condition of any purchase with Manhattan Toy. Your participation is voluntary.

We do not charge for the mobile message service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply.

You may opt out of the mobile message service at any time. Text STOP to +18449482007 or click the unsubscribe link, where available, in any text message. You may receive a one time opt out confirmation message. No further messages will be sent to your mobile device unless initiated by you.

For support or assistance, text HELP to +18449482007 or email hello@manhattantoy.com.

We may change any short code or telephone number used to operate the mobile message service at any time. We will not be responsible for messages sent to a number we no longer use.

Wireless carriers are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up again with your new number.

To the extent permitted by applicable law, we will not be liable for failed, delayed, or misdirected delivery of any information sent through the mobile message service, any errors in such information, or any action you may or may not take in reliance on the information or service.

To learn how we collect and use personal information, please review our Privacy Policy.

Section 15: Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that we may remove the Service for indefinite periods of time or cancel the Service at any time without notice.

Your use of the Service is at your sole risk. The Service and all products and services delivered through the Service are provided “as is” and “as available,” without warranties or conditions of any kind, either express or implied.

To the fullest extent permitted by law, Manhattan Toy and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

Section 16: Indemnification

You agree to indemnify, defend, and hold harmless Manhattan Toy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms or your violation of any law or third party rights.

Section 17: Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law. The unenforceable portion shall be deemed severed from these Terms, and the remaining provisions shall remain valid and enforceable.

Section 18: Termination

The obligations and liabilities of the parties incurred before the termination date shall survive termination of this agreement.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing use of our site.

If we suspect that you have failed to comply with these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services.

Section 19: Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms, along with any policies or operating rules posted by us on this site, constitute the entire agreement between you and us and govern your use of the Service.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 20: Governing Law

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to conflict of law principles.

Section 21: Changes to Terms of Service

You can review the most current version of these Terms at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website or the Service after changes are posted constitutes acceptance of those changes.

Section 22: Contact Information

Questions about these Terms should be sent to help@manhattantoy.com.

Manhattan Toy Corporate
Call: 1-800-541-1345
Monday through Thursday: 8am to 5pm CST
Friday: 8am to 12pm CST
Email: help@manhattantoy.com

Manhattan Toy Europe
Call: +44 (0) 20-8944-3160
Email: infoeurope@manhattantoy.com