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Qwerkywriter ("Qwerkytoys, Inc.", or "We") grants you the right to use this website ("Site") subject to the terms and conditions of use ("Terms of Use" or "Agreement") set forth below. THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH THE SITE IS GOVERNED BY THE TERMS OF SALE.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.

1. LICENSE. Qwerkytoys, Inc. owns and operates the Site (Qwerkytoys.com and Qwerkywriter.com). The documents and other information and content available on the Site (the "Site Content") are protected by copyright laws throughout the world. Qwerkytoys, Inc. grants you a limited license to reproduce portions of the Site Content for the sole purpose of reviewing the Site Content as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor of Qwerkytoys, Inc.. All copyright and other proprietary notices on any Site Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. Qwerkytoys, Inc. and its suppliers reserve all rights not granted in these Terms of Use.

2. TRADEMARKS. "Qwerkywriter", "Typewriter-Inspired" and other related graphics, logos, service marks, and trade names used on the Site are the trademarks of Qwerkytoys, Inc, and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.

3. MODIFICATION. Qwerkytoys, Inc. reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Qwerkytoys, Inc. will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.

4. ORDERS.  When a product (“Product”) is offered for sale as part of the Services, Qwerkytoys, Inc. may accept your offer to purchase Products subject to these Terms of Service. At that time, Qwerkytoys, Inc. will capture payment on the payment instrument you provided and ship your Product when available. Qwerkytoys, Inc. may obtain an additional authorization from your payment instrument to confirm necessary funds are available to purchase the Products requested.

Qwerkytoys, Inc. reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.

In addition, Products may be made available for reservation and pre-order. If you place a reservation and pre-order for a Product that is not yet available for sale, Qwerkytoys, Inc. will charge your credit card for the cost of the product plus any applicable charges for taxes and shipping, and will ship you the Product once it is available. You may cancel your offer to purchase Products at any time prior to shipment and receive a refund of your payment.

5.  AVAILABILITY, PRICING AND TAXES.  All Products offered here are subject to availability.  Prices for the products are subject to change without notice at any time.

6.  SHIPPING AND DELIVERY.  Prices for the Products do not include shipping costs.  The estimated arrival or delivery date is not a guaranteed delivery date for your order.  You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined.  

7.  RISK OF LOSS. All sales are made F.O.B. point of shipment.Qwerkytoy’s title passes to Purchaser, and QWERKY’s liability as to delivery ceases, when Qwerkytoys, Inc. delivers the goods to the carrier at the point of shipment. Purchaser agrees that the carrier will act as Purchaser’s agent and that all claims for damages must be filed with the carrier. Shipments will normally be made by USPS, United Parcel Service (UPS), Air Express, or Air Freight. Unless Purchaser specifies what method of shipment Qwerkytoys, Inc. should use, Qwerkytoys, Inc. will exercise its own discretion.

Customs, Duties, and Taxes

The recipient of an international shipment may be subject to customs brokerage fees, import duties, and taxes after the shipment reaches the destination country. Additional charges are the responsibility of the recipient because we have no control over these government-imposed charges and cannot determine what they may be. Customs policies vary greatly among countries. Please contact your local customs office for information.

To avoid a delay in receiving your order from customs, consider the following:

  • Provide us with a phone number where you can be reached by customs when your product arrives. This phone number will be listed on the commercial invoice so customs can reach you to clear your order.
  • Please do not refuse a shipment or ignore requests from carriers regarding duty and/or tax liability charges. Be aware that most carriers will hold a shipment for 5 days after arrival in your country before they return it to the sender.
  • We do not refund original shipping charges for goods that are refused for delivery at customs.

7.  RETURNS:  If for any reason you are not satisfied with the product you purchased from Qwerkywriter.com/Qwerkytoys.com, you can return the Product within 30 days of receipt for a full refund. No refunds will be issued 30 days after the date of receipt. To initiate a refund, please click here. You will receive a refund of the price and taxes you paid for the Product less the value of any promotional merchandise or discount you received. We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Qwerkytoys, Inc. of the returned Product.  Buyer is responsible for any return shipping costs.  We recommend adding tracking or insurance.  

8. PRIVACY. Qwerkytoys, Inc.'s Privacy Policy, which is available here, is hereby incorporated into these Terms of Use.

9. THIRD PARTY LINKS. The Site may contain links to other web sites operated by third parties. Such third party web sites are not under the control of Qwerkytoys, Inc. Qwerkytoys, Inc. is not responsible for the content of any third party web site or any link contained in a third party web site. Qwerkytoys, Inc. provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.

10. LIMITED WARRANTY. Qwerkytoys, Inc. warrants that, under normal use and conditions, its products will be free from significant defects in materials and workmanship for a period of one year from the date of shipping (the “Warranty Period”). In the event that Purchaser believes it has discovered any such defect during the Warranty Period, Purchaser may return the product to Qwerkytoys, Inc. or inspection. Qwerkytoys, Inc. may, at its sole discretion, repair or replace the defective product. This limited warranty does not cover any damage due to accidents, misuse, or modifications. QWERKYTOYS, INC. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND QWERKY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, THE PROVISIONS SET FORTH ABOVE STATE THE ENTIRE RESPONSIBILITY OF QWERKY AND PURCHASER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF ANY WARRANTY. UNDER NO CIRCUMSTANCES WILL QWERKY BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOST SAVINGS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, ARISING IN ANY WAY OUT OF THE SALE OF, USE OF, OR INABILITY TO USE, ANY PRODUCT OR SERVICE, EVEN IF QWERKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. EXCEPT PURSUANT TO THE TERMS OF SALE, COMPANY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).

12. AMENDMENT. Qwerkytoys, Inc. may, at any time, revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and, therefore, you should periodically visit this page of the Site to examine the then-current Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

13. GENERAL PROVISIONS. Once Qwerkytoys, Inc. confirms an order, this Purchase Order will be binding upon, and will inure to the benefit of, Qwerkytoys, Inc. and Purchaser and their respective permitted successors and assigns. Qwerkytoys, Inc. and Purchaser agree that any handwritten changes to these Legal Terms will not be binding on the parties. This Purchase Order will be governed by and construed in accordance with the laws of the State of California and the United States. Qwerkytoys, Inc. and Purchaser agree that any legal action or proceeding arising from, or related to, this Purchase Order will be brought in the California Superior Court for the County of San Francisco or the United States District Court for the Northern District of California. Purchaser consents to the exclusive jurisdiction of such courts, and waives any right to challenge jurisdiction or venue in such courts with regard to any legal action or proceeding arising from, or related to, this Purchase Order. This Purchase Order has been negotiated and executed by the Parties in English. In the event any translation of this Purchase Order is prepared for convenience or any other purpose, the provisions of the English version will prevail. The parties acknowledge that they participated equally in the drafting of this Purchase Order. No court of law or equity or other tribunal will construe any part or portion of this Purchase Order as against any of the parties hereto based on the identity of the drafters of this Purchase Order.

If you have any questions about the foregoing, please contact us at the following e-mail address: general@qwerkytoys.com.