Terms of Sale
1. All sales of goods by Viggi Kids, Corp. (“Viggi Kids”) to Buyer are made pursuant to the following Terms of Sale. No other or additional terms or conditions are or will be accepted and are expressly rejected.
2. Contracts or orders are subject to approval of the executive office of Viggi Kids. All prices for goods quoted by Viggi Kids do not include any applicable tax, and Buyer shall be responsible for paying any and all applicable taxes.
3. Viggi Kids shall not be liable for damages arising from failure to make or delay in making delivery of any goods because of fire, flood, strikes, riots, car shortage, embargoes on freight of any government, accidents, insurrections, lockouts, breakdown of machinery, loss or damage of goods in transit, delay of carriers, act of civil or military authorities, acts of God or any circumstances or other unavoidable cause beyond Viggi Kids’ control. Viggi Kids will be excused from such performance to the extent that it is necessarily prevented, hindered or delayed thereby, and during the continuance of any such happening or event, this agreement will be deemed suspended so long as and to the extent that any such cause prevents or delays Viggi Kids’ performance.
4. The warranties applicable to the goods are described in the documentation delivered with the goods. Such warranties are also set forth at www.viggikids.com and are incorporated herein by reference and made a part hereof. IN THE EVENT OF ANY BREACH OF SUCH WARRANTIES, VIGGI KIDS’ SOLE OBLIGATION SHALL BE EXCLUSIVELY LIMITED TO, AT THE OPTION OF VIGGI KIDS, REPAIR OR REPLACEMENT, , OF THE DEFECTIVE GOODS OR A REFUND TO BUYER OF THE PURCHASE PRICE UPON RETURN OF THE GOODS TO VIGGI KIDS. NO CLAIM AGAINST VIGGI KIDS FOR ANY BREACH OF WARRANTY SHALL BE VALID OR ENFORCEABLE UNLESS BUYER’S WRITTEN NOTICE THEREOF IS RECEIVED BY VIGGI KIDS WITHIN ONE (1) YEAR FROM THE DATE OF VIGGI KIDS’ DELIVERY TO THE CARRIER. EXCEPT FOR THE WARRANTIES DESCRIBED ABOVE, VIGGI KIDS MAKES NO OTHER WARRANTIES WITH RESPECT TO THE GOODS, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT OF THE LAW.
5. IN NO EVENT SHALL VIGGI KIDS BE LIABLE TO BUYER OR ANY THIRD PARTY, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHER THEORY OF LAW, FOR LOSS OF PROFITS OR LOSS OF USE, OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT OR INDIRECT DAMAGES, INCLUDING DAMAGES TO PROPERTY OR PERSON, HOWSOEVER CAUSED. VIGGI KIDS’ MAXIMUM LIABILITY TO BUYER SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR THE GOODS THAT ARE THE SUBJECT OF THE APPLICABLE CLAIM. Viggi Kids shall not be liable for any damage, injury or loss arising out of the use of the goods if, prior to such damage, injury or loss, such goods are: (a) altered, changed, modified, damaged, repaired by third parties not authorized by Viggi Kids, or abused, misused or worn out due to ordinary wear and tear; or (b) improperly stored or maintained. Viggi Kids shall not be liable for any damage, injury or loss arising out of the use of the goods in an unintended or negligent manner; the use of its products in a manner inconsistent with governing law; or the use of its products by minors without adult supervision.
6. ANY ORAL OR WRITTEN STATEMENT, INFORMATION OR ADVICE GIVEN OR MADE BY VIGGI KIDS OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR DISTRIBUTORS: (A) SHALL NOT CONSTITUTE A VIGGI KIDS REPRESENTATION OR WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES APPLICABLE TO THE GOODS; (B) SHALL NOT BE RELIED UPON BY BUYER OR ANY OTHER PERSON; AND (C) IS NOT A PART OF THE WARRANTIES APPLICABLE TO THE GOODS.
7. Any action against Viggi Kids for breach of contract, negligence, tort or otherwise must be commenced by Buyer within one (1) year after: (a) the date any alleged claim accrues; or (b) the date of delivery of the goods to Buyer, whichever is earlier.
8. This agreement constitutes the entire agreement between Viggi Kids and Buyer, superseding all previous understandings and writings regarding this transaction, including, without limitation, any and all terms and conditions that appear on any order form submitted by Buyer. Any amendment or modification of this agreement shall be void unless in writing and signed by Viggi Kids. This agreement shall be governed by, and interpreted and construed in accordance with, the laws of the State of New York, without regard to principles of conflict of laws. Any disputes and all legal claims related to this agreement shall be subject to the exclusive jurisdiction of and shall be finally settled in an action commenced or maintained in any state or federal court sitting in Monroe County, New York. Viggi Kids and Buyer hereby consent and submit to the exclusive personal jurisdiction of such courts and agree not to challenge or assert any defense to the jurisdiction of such courts, including, without limitation, forum non conveniens. In any action or proceeding brought to enforce any provision of this agreement, the prevailing party is entitled to be reimbursed by the non-prevailing party for all of its reasonable costs in such action or proceeding, including, without limitation, reasonable attorneys’ fees. No delay or omission by Viggi Kids in exercising any right or remedy hereunder shall be a waiver thereof or of any other right or remedy, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right or remedy. All rights and remedies of Viggi Kids are cumulative.
Terms of Service
This website is operated by Viggi Kids. Throughout the site, the terms “we”, “us” and “our” refer to Viggi Kids. Viggi Kids offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.