Terms & Conditions

 

The following terms and conditions govern the sale of products by www.thepinkley.com (the “Site” or “We” are submitting your order to www.thepinkley.com you have indicated your acceptance to be bound by these terms and conditions of sale. These terms and conditions may be changed without prior notice at any time before we accept your order.

In addition, Our Web 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.

 

Limitation of Liability

By agreeing to use this site and its information you agree that The Pinkley (and its agents, officers, directors and employees) are not liable for damages of any kind that accompany or result from your use of thepinkley.com (website. We make no representation or warranty of any kind, express or implied, regarding thepinkley.com and/or any material or information provided on the website, all of which are provided on an "as is" and "as available" basis. The Pinkley does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of thepinkley.com or any of the content or data found on the website and expressly disclaims all warranties and conditions.

The Pinkley does not warrant that the function of the website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the result of use of material on this site in terms of its correctness, accuracy, and reliability or otherwise.

We are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failure or circumstance affecting, disrupting or corrupting communications.

We assume no responsibility and shall not be liable for any damage to, or viruses that may affect your computer equipment or other property on account of your access to or use of mastermindtoys.com or your downloading of any material, data, text, images, video or audio from our site. In no event shall The Pinkley be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind arising out of or in any way connected with the access to or use of thepinkley.com or content found therein.

Restrictions on Use of the thepinkley.com Website

Our website may not, in whole or in part, be copied, distributed, republished, uploaded, posted, reproduced or transmitted in any way without the prior written consent of The Pinkley.

You may download, display and print material presented on our website for your personal, non-commercial use only, provided you don't delete or change any copyright, trade mark or other proprietary notice.

You are prohibited from contributing, posting or transmitting any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

We reserve the right to limit quantities, refuse orders, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to the interests of The Pinkley or any Third Parties.

All sizes quoted are approximate. Some items shown may require assembly.

In its sole discretion, in addition to any other rights or remedies available to The Pinkley and without any liability whatsoever, The Pinkley at any time and without notice may terminate or restrict your access to any component of thepinkley.com.

 

Privacy

You have read our Privacy Statement, the terms of which appear on thepinkley.com, and are incorporated into these Terms and Conditions, and agree that the terms of such Privacy Statement are reasonable. You consent to the use of your personal information by thepinkley and / or third parties in accordance with the terms of and for the purposes set out in the thepinkley Privacy Statement.

 

Links

Our website may contain links to other websites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by thepinkley of the linked website or information contained therein. thepinkley is not responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites.

 

Pricing

Our online store offers limited-time sales, special promotions and items. Due to competitive market pressures, prices are subject to change. We reserve the right to correct, at any time, any pricing errors.

Our online store offers limited-time sales, special promotions and items. Due to competitive market pressures, prices are subject to change. We reserve the right to correct, at any time, any pricing errors.

 

Images

The color of the actual product may differ depending on the resolution and brightness of the monitor. There may be differences between the model color and the actual color of the product you receive due to lighting correction during photography.

 

Risk of Loss

Any products purchased from us are delivered to you by a third party delivery company, pursuant to a shipping contract. The risk of loss for such products pass to the purchaser at the time of delivery by us to the third party shipper.

 

Modification

We reserve the right to, without notice, change our website, including the Terms and Conditions of use of thepinkley.com. Please check this page periodically for changes. Your use of thepinkley.com will be conditional upon your acceptance of the Terms and Conditions in force at the time of your use.

 

Relationships

The relationship between The Pinkley and you will be that of independent contractors and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or use of thepinkley.com.

 

Governing Law

These Terms and Conditions and the performance of the obligations and enforcement of the rights herein shall be governed by the laws of the Province of Alberta, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Calgary, in the Province of Alberta, Canada, in all disputes arising out of or relating to the use of thepinkley.com and these Terms and Conditions.

 

Severability

These Terms and Conditions are severable. In the event any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Headings

The headings used in these Terms and Conditions are included for convenience only and do not limit or otherwise affect the Terms and Conditions.

 

Entire Agreement

These Terms and Conditions, together with those incorporated or referred to herein constitute the entire agreement between us relating to the subject matter hereof and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter and may not be amended or modified except in writing or by The Pinkley making such amendments or modifications available to it pursuant to the Terms and Conditions.