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| Terms and Conditions of Orders |
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Before you order, please read the following: |
Our Guarantee
Our Return Policy
Shipping Information
Security & Privacy Policy |
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| Important Information: |
| Due to possible production or shipping delays, we can never guarantee a specific delivery date. |
| We can not be responsible for shipping damage. To be protected, you must purchase the shipping company's optional insurance. If you purchase insurance and damage occurs, we will work with you to process a claim with the shipping company. |
| Computer monitors all display colors differently, therefore the product you receive may not match exactly. |
| We may accept purchase orders instead of immediate payment from government agencies (including schools), however we must be contacted prior to purchasing. |
| If you receive the wrong product and would like to return it, the product must be unused, undamaged, unaltered in any way, and returned in new condition. Any use of any product will constitute your acceptance "as is". You must inspect your order upon arrival and let us know about any problems within one week. |
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| Standard Terms and Conditions of Sale: |
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| 1. SCOPE AND CONSTRUCTION. THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL GOVERN THE SALE OF GOODS BY REALTINYTOWN.COM TO BUYER. THE SALE OF GOODS IS CONDITIONAL UPON BUYER'S AGREEMENT TO ALL OF THE TERMS AND CONDITIONS SPECIFIED HEREIN. BUYER'S ORDER OF ANY PRODUCTS VIA THE REALTINYTOWN.COM WEBSITE OR ANY OTHER ACCEPTANCE OF A PROPOSAL BY BUYER SHALL GOVERN THE RELATIONSHIP BETWEEN BUYER AND REALTINYTOWN.COM. ANY CHANGES OR TERMS AND CONDITIONS WHICH DIFFER FROM THOSE CONTAINED HEREIN ARE EXPRESSLY REJECTED AND SHALL BE VOID. |
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| 2. INTEGRATION AND AMENDMENT. THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE AGREEMENT OF THE PARTIES REGARDING ITS SUBJECT MATTER, AND SHALL SUPERSEDE ANY PREVIOUS COMMUNICATIONS, REPRESENTATIONS, NEGOTIATIONS, OR AGREEMENTS BETWEEN THE PARTIES REGARDING SUCH SUBJECT MATTER, WHETHER VERBAL OR WRITTEN. ANY MODIFICATIONS TO THIS AGREEMENT SHALL BE MADE IN WRITING AND SIGNED BY THE AUTHORIZED REPRESENTATIVE OF EACH PARTY. |
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| 3. WARRANTY. RealTinyTown.com makes no representations or warranties to Customer, or anyone else, with respect to Product manufactured by any third party. Any warranties of third party manufacturers shall run directly to Buyer to the extent permitted by law and RealTinyTown.com shall have no liability therefore. REALTINYTOWN.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION AND INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSES WHATSOEVER. |
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| 4. POST SALE SUPPORT. If Buyer notifies RealTinyTown.com during the first thirty (30) days following receipt of the goods, RealTinyTown.com shall assist Buyer at no charge and on a best effort basis, in making a claim against the manufacturer within a reasonable time as to any defect noted in the goods. In accordance with manufacturer requirements, Buyers are required to notify RealTinyTown.com of patent defects within 15 days of acceptance and within 30 days for latent defects. For RealTinyTown.com to recognize a claim as valid, Buyer must submit the following information: Invoice number, amount of merchandise involved and the reason for the complaint. Under no circumstance shall Buyer's making a claim under the manufacturer's warranty or RealTinyTown.com's assistance therein be construed as creating a separate or independent warranty by RealTinyTown.com as to goods purchased. |
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| 5. EXCLUSIVE REMEDIES AND LIABILITY LIMITATION. THE REMEDIES PROVIDED HEREIN ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES, AND REALTINYTOWN.COM'S EXCLUSIVE LIABILITY WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY. BUYER AGREES THAT NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SALES, LOST PRODUCTION, OVERHEAD, LABOR, INJURY TO PERSON OR PROPERTY, OR ANY OTHER INCIDENTAL LOSS) SHALL BE AVAILABLE TO CUSTOMER. THIS ALLOCATION OF RISK IS REFLECTED IN THE PRICES OF THE PRODUCTS AND SERVICES. REALTINYTOWN.COM'S MAXIMUM LIABILITY HEREUNDER ARISING FROM ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT OR SERVICE IN QUESTION LESS ANY APPLICABLE TAX AND/OR SHIPPING RELATED CHARGES. ANY ACTION RELATED TO THIS AGREEMENT, ON ANY LEGAL THEORY, MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. |
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| 6. QUOTATIONS: All quotations expire automatically fourteen days from date of quotation or earlier by notice from RealTinyTown.com. Unless otherwise noted in writing by RealTinyTown.com, all prices are F.O.B. destination for domestic shipments; and risk of loss in transit is on Customer. Depending on residence, prices may not include applicable taxes, however designated, levied or based upon the goods or services being quoted. If taxes are not included, Buyer agrees to pay all such taxes or provide acceptable evidence of exemption there from. |
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| 7. TIMING: All delivery/shipping and service dates stated by RealTinyTown.com are approximate dates only and estimated in good faith to the best of RealTinyTown.com's ability and are dependent upon RealTinyTown.com's prompt receipt of all necessary information from Customer. Time shall not be deemed to be of the essence in RealTinyTown.com's performance of this agreement, and no penalty clause of any description in any specification or order will be effective unless specifically approved in writing by an authorized officer of RealTinyTown.com. In any event delivery/shipping and service dates are always quoted subject to unavoidable delays due to causes beyond RealTinyTown.com's control including but not limited to strikes, casualty, war, acts of God, or government action. |
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| 8. PAYMENT TERMS. RealTinyTown.com shall invoice Buyer for products ordered based upon the payment appearing on the web site. Payment for an individual sale in excess of Two Thousand Dollars ($2,000) must be made by certified check or bank guaranteed check. Payment terms for domestic orders are full prepayment prior to shipping, unless otherwise provided in the quotation. We do not accept international orders unless otherwise stated in the quotation. Each shipment shall be considered a separate and independent transaction and payment must be made accordingly. If the financial condition or credit of Buyer at any time in the judgment of RealTinyTown.com, does not warrant shipment of goods ordered, RealTinyTown.com may at its option require full payment prior to shipment or refuse to ship and terminate any order outstanding without liability to RealTinyTown.com. Should Buyer become delinquent in the payment of any sum due, RealTinyTown.com shall not be obligated to continue performance. If any amount is not paid when due, to the extent permitted by law a late fee of 1.5% per month (or any part thereof) shall be charged on past due amounts until paid. Buyer hereby agrees that no action on the part of or condition of Customer, including but not limited to insolvency, bankruptcy or forced liquidation shall relieve Buyer of its responsibility to pay RealTinyTown.com invoices in accordance with the terms and condition of this Agreement. |
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| 9. CANCELLATION: Once accepted by RealTinyTown.com, an order is not subject to cancellation in whole or in part by Buyer without RealTinyTown.com's prior written consent. Any such cancellation shall be subject to a cancellation charge as determined by RealTinyTown.com to cover any loss that may be incurred by RealTinyTown.com as a result of such cancellation, including without limitation a 25% product restocking charge. |
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| 10. BUYER RESPONSIBILITIES: Buyer shall be solely responsible for the accuracy and adequacy of the information provided to RealTinyTown.com, and RealTinyTown.com shall not be liable for any damages resulting from the loss, disclosure or inaccuracy of such information. Buyer shall not send or use goods sold by RealTinyTown.com outside the United States except in compliance with U.S. export regulations and restrictions. |
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| 11. GENERAL INDEMNITY: Buyer agrees to take all necessary precautions to prevent injury to RealTinyTown.com and its employees or damage to RealTinyTown.com and shall indemnify, hold harmless, and defend RealTinyTown.com from and against any and all suits, actions, damages, costs, losses, expenses (including reasonable attorney's fees), and the liabilities arising from or in connection with any claim of injuries to person or damage to property resulting in any way from any act, omission, or negligence on the part of Buyer in the performance or failure to perform any obligation under this Agreement, excepting only those losses which are due to intentional acts or omissions of RealTinyTown.com. |
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| 12. ARBITRATION: As a condition precedent to any right of action hereunder, any dispute arising out of this Agreement shall be submitted to a Board of Arbitration composed of two arbitrators and an umpire meeting in the City of Yates Center, Kansas, USA, unless otherwise agreed. The members of the Board of Arbitration shall be active or retired disinterested officials of toy companies other than RealTinyTown.com. Each party shall appoint its arbitrator, and the two arbitrators shall choose an umpire before instituting the hearing. If the respondent fails to appoint its arbitrator within four weeks after being requested to do so by the claimant, the latter shall also appoint the second arbitrator. If the two arbitrators fail to agree upon the appointment of an umpire within four weeks after their nominations, each of them shall name three, of whom the other shall decline two and the decision shall be made by drawing lots. The claimant shall submit its initial statement within twenty (20) days from appointment of the umpire. The respondent shall submit its statement within twenty (20) days after receipt of the claimant's statement, and the claimant may submit a reply statement within ten (10) days after receipt of the respondent's statement. The Board shall make its decision taking into consideration the custom and usage of the toy business. The Board shall issue its decision in writing upon evidence introduced at a hearing or by other means of submitting evidence in which strict rules of evidence need not be followed, but in which cross examination and rebuttal shall be allowed if requested. The Board shall make its decision within forty-five (45) days following the termination of the hearings unless the parties consent to an extension. The majority decision of the Board shall be final and binding upon all parties to the proceeding. Judgment may be entered upon the award of the Board in any court having jurisdiction thereof. Each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the umpire. The remaining costs of the arbitration proceedings shall be allocated by the Board. |
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| 13. ADDITIONAL PROVISIONS: |
| a. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties hereto. Neither party shall assign this Agreement or any rights or obligations under it without the prior written consent of the other. |
| b. If any provision of this Agreement is held illegal or unenforceable by any court, such provision shall be deemed separable from the remaining provision of this Agreement and shall not affect or impair the validity or enforceability of the remaining provision of this Agreement. |
| c. This Agreement shall be governed by the laws of the State of Kansas, without regard as to its conflict of law provisions. RealTinyTown.com and Buyer hereby consent to the jurisdiction of the commonwealth of Kansas and agree that any arbitration or other subsequent action convened pursuant to this Agreement shall be held in Yates Center, Kansas. |
| d. The failure of either party to enforce, in any one or more instances, any of the terms or conditions of this Agreement shall not be construed as a waiver of the future performance of any such term or condition. |
| e. All headings used in this Agreement and its attachments are intended for convenience of reference only and shall not affect the construction or interpretation of the Agreement. |
| f. Neither party shall be liable for its failure to perform any of its obligations hereunder during any period in which such performance is directly delayed by the occurrence of events beyond the control of the failing party such as fire, explosion, flood, storm or the acts of God, war, embargo, riot, or the intervention of any governmental authority, provided that the party suffering the delay immediately notifies the other party of such delay. |
| h. Any limitations of liability made shall survive any termination or expiration of this Agreement. |
| i. Each party agrees that it will not solicit or recruit, directly or indirectly, or hire, for a period of two years after completion of the work hereunder any employee of the other unless written permission has been provided prior to discussions with or solicitation of an employee. |
| j. Each party represents that it has full power and authority to enter into and perform this Agreement, and the person signing this Agreement, on behalf of each, has been properly authorized and empowered to enter into this Agreement, understand it, and agrees to be bound by it. |
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