Conditions of Use
Welcome to Fiona's Metal Toys. Fiona's Metal Toys provides their services to you subject to the following conditions. If you visit or shop at Fiona's Metal Toys, you are in agreement to these conditions. In addition, when you use any current or future service or visit or purchase from Fiona's Metal Toys, whether or not included in our Web site, you will also be subject to these guidelines and conditions.
Please review our Privacy Notice, which also governs your visit to Fiona's Metal Toys, to understand our practices.
All content included on this site is the property of Fiona's Metal Toys or its content suppliers and is protected by South African and international copyright laws. The compilation of all content on this website is the exclusive property of Fiona's Metal Toys and protected by South African and international copyright laws.
RISK OF LOSS
All items purchased from Fiona's Metal Toys are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
When you visit Fiona's Metal Toys or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Fiona's Metal Toys grants you access to make personal use of our website. You are not allowed to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This grant does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Fiona's Metal Toys. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including but not limited to images, text, page layout, or form) of Fiona's Metal Toys without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the grant to use our website. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to our home page as long as the link does not portray us, our suppliers, or their products in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link without our express written permission. Anyone found contravening our CONDITIONS OF USE policy will be prosecuted to the fullest extend of the law.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Fiona's Metal Toys does sell toys for children, but sells the toys to adults, who can purchase with any method of payment. If you are under 18, you may use Fiona's Metal Toys only with involvement of a parent or guardian. Fiona's Metal Toys reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
We attempt to be as accurate as possible. However, Fiona's Metal Toys does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition within 30 days. See our Returns Policy.
Except where noted otherwise, the price displayed for products on our website represents the full retail price listed on the product itself. The price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. The price does not include packaging, handling or shipping cost. In the event of a difference in price between the stated price in the catalog and the stated price in the shopping basket, the stated price in the shopping basket will be the ruling price.
Despite our best efforts, a few items in our shopping basket may be priced incorrectly. If we discover a incorrect price, we will do one of the following:
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided on an "AS IS" and "AS AVAILABLE" basis. Fiona's Metal Toys makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Fiona's Metal Toys disclaims all warranties, express or implied, including, but is not limited to, implied warranties of merchantability and fitness for a particular purpose. Fiona's metal toys does not warrant that this site, its servers, or e-mails sent from Fiona's Metal Toys are free of viruses or other harmful components, although we try our utmost best to protect it from viruses or other harmful components. Fiona's Metal Toys will not be held liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, or consequential damages.
By visiting Fiona's Metal Toys, you agree that the South African laws, without regard to principles of conflict, will govern these Conditions of Use and any dispute of any sort that might arise between you and Fiona's Metal Toys or its suppliers.
Any dispute relating in any way to your visit to Fiona's Metal Toys or to products you purchase through Fiona's Metal Toys shall be submitted for arbitration, except that, to the extent you have in any manner violated or threatened to violate Fiona's Metal Toys' intellectual property rights, Fiona's Metal Toys may seek injunctive or other appropriate relief in any court in South Africa, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the then prevailing rules of the South African Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping policy, Return policy and Privacy Statement posted on this site. These policies and Statements also govern your visit to Fiona's Metal Toys. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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