Terms of Service

TOETOYZ LLC TERMS OF SERVICE

Last Updated: July 3, 2026

SECTION 1: OVERVIEW & ELIGIBILITY

1. Agreement to Terms: This Terms of Service agreement ("Agreement") governs your access to and use of the website operated by ToeToyz LLC (the "Site") and the purchase of any products or services from us. By accessing the Site, creating an account, or placing an order, you expressly agree to be bound by these Terms and our Privacy Policy.

2. Age Eligibility: You must be at least 18 years old, or the age of majority in your state or jurisdiction of residence, to purchase items from this Site.

3. Minor Usage: By using this Site, you represent that you are at least the age of majority, or that you are the parent or legal guardian of a minor dependent whom you have authorized to use this Site under your direct supervision. As the parent or legal guardian, you assume full financial and legal responsibility for all actions taken by such minor on the Site.

SECTION 2: HYBRID FULFILLMENT & SHIPPING POLICY

1. Hybrid Fulfillment Model: ToeToyz LLC operates using a hybrid fulfillment model. This means some items are manufactured and shipped directly by us, while other products are fulfilled and shipped directly to you from our vetted third-party suppliers (dropshipped).

2. Split Shipments: You acknowledge and agree that orders containing multiple items may be fulfilled from different originating locations. Consequently, your order may arrive in separate packages and at different times. No additional shipping fees will be charged to you for split shipments.

3. Shipping Estimates and Delays: All delivery timelines provided at checkout or in confirmation emails are good-faith estimates only. ToeToyz LLC is not liable for shipping delays caused by third-party carriers, severe weather, customs clearances, or unexpected supplier inventory shortages.

4. Risk of Loss and Tracking: Risk of loss and title for all products pass to you upon our delivery of the items to the shipping carrier. We are not responsible for packages that are lost, stolen, or damaged after being marked "Delivered" by the carrier.

5. Incorrect Address Changes: It is your responsibility to ensure the shipping address is correct at checkout. If a package is returned to us or a supplier due to an incorrect or incomplete address provided by you, you will be responsible for the actual cost of reshipping the item.

SECTION 3: INVENTORY, PRICING, & CANCELLATIONS

1. Order Acceptance and Right to Cancel: The receipt of an order confirmation does not signify our acceptance of your order. We reserve the right, at our sole discretion and at any time prior to shipment, to refuse, limit, or cancel any order for any reason. This includes, but is not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.

2. Supplier and System Errors: Because our inventory includes third-party dropshipped goods, items may occasionally become unavailable without prior notice. In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error, system glitch, or supplier error, we reserve the right to cancel any orders placed for that item, even if the order has been confirmed and your payment processed.

3. Refunds for Cancellations: If your order is canceled after your payment has been successfully processed, ToeToyz LLC will issue a full refund to your original payment method. Please note that banking institutions vary, and it may take 5-7 business days for the credit to reflect on your account.

SECTION 4: PRODUCT SAFETY & LIABILITY DISCLAIMER

Disclaimer, Assumption of Risk, and Indemnity Agreement

By purchasing, accepting, or using any product from ToeToyz LLC, the consumer ("User") acknowledges and agrees to the following terms:

1. Assumption of Risk and Liability Waiver:
WARNING: Keep out of reach of children. Use only as directed. To the maximum extent permitted by applicable law, User agrees that ToeToyz LLC, along with its affiliates, employees, and agents, accepts no responsibility or liability for any injury, damage, loss, or harm—whether physical, emotional, or financial—sustained by the User, property damage (including injury to animals), or any third party arising out of the use or misuse of ToeToyz LLC products. User assumes full, sole responsibility and risk for the proper use, supervision, and handling of all items. It is the User’s absolute obligation to ensure that the use of these products remains safe and appropriate for both the human handler and the pet/animal.

2. No Warranties and Release of Claims: TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOETOYZ LLC PRODUCTS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TOETOYZ LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

By using these products, User expressly and unconditionally releases and holds harmless ToeToyz LLC from any and all claims, demands, lawsuits, or causes of action for personal injury or property damage. Nothing in this disclaimer attempts to exclude, restrict, or limit liability for gross negligence, willful misconduct, intentional fraud, or any other liability that cannot be lawfully excluded under applicable state or consumer protection laws.

3. Governing Law, Jurisdiction, and Severability: This agreement and any disputes arising out of or relating to ToeToyz LLC products shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any legal action or proceeding must be brought exclusively in the state or federal courts located in St. Johns County, Florida, and User consents to the personal jurisdiction of such courts. If any provision or sentence of this disclaimer is found by a court to be unenforceable, invalid, or illegal, that specific provision shall be limited or severed to the minimum extent necessary, and the remaining portions of this agreement shall remain in full force and effect.

SECTION 5: RETURNS & REFUNDS
All purchases made through ToeToyz LLC are subject to our Return Policy. Because our inventory consists of both manufactured and third-party dropshipped goods, return windows, return shipping addresses, and applicable fees vary strictly by the specific product purchased.

By placing an order, you acknowledge and agree to the following:

  • Product-Specific Rules: You agree to review and abide by the specific return instructions, timeframes, and eligibility requirements displayed on the individual product page or provided with your order confirmation.

  • Return Costs & Fees: Unless otherwise stated in our Return Policy or required by law, you are responsible for all return shipping costs. Certain items may be subject to restocking fees as dictated by our suppliers.

  • Unauthorized Returns: Items sent back to the wrong address, returned without prior authorization, or returned outside of the designated return window will not be eligible for a refund or exchange.

  • Final Sale Items: For health and hygiene reasons, certain products (such as opened, used, or pet-worn items) may be designated as final sale and are non-returnable.

SECTION 6: INTELLECTUAL PROPERTY

1. Ownership of Content: All custom pet toy designs, trademarks, logos, trade names, website copy, graphics, images, and overall branding displayed on this Site and through our services are the exclusive intellectual property of ToeToyz LLC or are used with express permission from our third-party suppliers and manufacturers.

2. Limited License & Restrictions: You are granted a limited, non-exclusive, non-transferable license to access and view the Site for personal, non-commercial use only. You are strictly prohibited from replicating, copying, distributing, modifying, reverse-engineering, or exploiting our manufactured product designs, brand assets, or site content for any commercial use without our express prior written consent.

3. User-Generated Content: By submitting reviews, comments, photos, or videos to our Site or tagging our official social media handles, you grant ToeToyz LLC a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, and display that content for marketing and promotional purposes.

SECTION 7: GOVERNING LAW & DISPUTES

1. Governing Law: These Terms of Service, your use of the Site, and any purchase of products from ToeToyz LLC shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

2. Forum Selection: You expressly agree that exclusive jurisdiction and venue for any legal proceeding, claim, or dispute arising out of or relating to these Terms, our products, or your relationship with ToeToyz LLC shall lie solely in the state or federal courts located in St. Johns County, Florida. You waive any objection to this venue based on an inconvenient forum.

3. Class Action Waiver: TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

SECTION 8: CHANGES TO TERMS OF SERVICE

1. Right to Modify: We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service at any time.

2. Notice of Changes: Any changes or modifications will become effective immediately upon posting the revised version to this page, and the "Last Updated" date at the top of these Terms will reflect the amendment date. For material changes (such as significant modifications to our liability, dispute, or refund terms), we will make reasonable efforts to notify you, which may include posting a prominent notice on our homepage or sending an email to the address associated with your account.

3. Continued Acceptance: Your continued use of or access to our Site or services following the posting of any changes constitutes your binding acceptance of those updated Terms. It is your responsibility to check this page periodically for changes.

SECTION 9: LIMITATION OF LIABILITY & INDEMNIFICATION

1. EXCLUSION OF DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOETOYZ LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE OR OUR PRODUCTS.

2. FINANCIAL CAP ON LIABILITY: UNDER NO CIRCUMSTANCES WILL TOETOYZ LLC BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF TOETOYZ LLC FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS (WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, OR OTHERWISE) SHALL BE STRICTLY LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO TOETOYZ LLC FOR THE SPECIFIC PRODUCT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

3. Indemnification: You agree to defend, indemnify, and hold harmless ToeToyz LLC, its parents, subsidiaries, affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Site or purchased products;

  • Your violation of any term of these Terms of Service;

  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or

  • Any claim that your use of a product caused damage or injury to a third party, including but not limited to injury to any human, pet, or property.

This defense and indemnification obligation will survive these Terms of Service and your use of the products or Site.

CONTACT US If you have any questions or concerns regarding these Terms of Service, please contact us at info@toetoyz.com.