Notice
In order to provide You with better services, before using the platform services operated by Toys “R”Us at the websites “Toys”R”Us China official website” (www.toysruschina.com), “Babies”R”Us official website” (www.babiesruschina.com) and the WeChat mini program “Toys”R”Us China Official Store” (the “WeChat Mini Program”)(collectively referred to as the "Platform"), please be sure to read and fully understand the following contents, You should focus on reading especially the terms in bold.
When You choose to accept these Terms and Conditions by page confirmation or any other express or implied ways, or by downloading, installing, logging in to the relevant products and services provided by Us, it means that You voluntarily accept all contents of these Terms and Conditions. If You do not agree to any content of these Terms and Conditions, please do not register an account or use the related products and services provided by Us.
Privacy Statement
Our Privacy Policy is set out on the Platform and shall apply to You and Your use of the Platform and the Service. We recommend that You read the privacy Policy in its entirety. By using the Platform and the Service, You are deemed to agree to all the contents of the Privacy Policy.
Amendments to terms and conditions
We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon announcement or notification on the Platform. When You use the Platform and the Service, You shall timely review and understand the amendments and consciously be bound by these terms and conditions. Your continued use of the Platform and the Service following such notification will represent an agreement by You to be bound by the terms and conditions as amended.
Account
To purchase Products on the Platform, You must create an account and complete all information required by Us truthfully. For each account, You must set up a password and a login name and provide a valid email address for Us to contact You. You are responsible to maintain the confidentiality of Your password and login name. Furthermore, You are responsible for any and all activities by You or any other person using Your login name. You may change Your password at any time by following instructions on the Site. It is a condition of creation of an account and use of the Service that: (a) You are residing in China （China’s Hongkong Special Administrative Region, China’s Macao Special Administrative Region and China’s Taiwan Region excluded）; (b) You are capable of forming a legally binding contract; (c) You hold a valid email address; (d) You are an organization (incorporated or unincorporated) under laws of China or an individual who is at least 18 years old; and (e) You are not acting in capacity as a trustee of any other person.
Orders
Any order for Products made through the Site is an offer by You to purchase those Products for the price of those Products (together with all applicable Delivery Fees and Taxes) at the time You place the order. You must provide Us with any additional details and/or confirm Your details if requested by Us in connection with any order. You must provide Us with complete and accurate details when making an order through the Platform. It is Your responsibility to comply with all Applicable Laws (including any minimum age requirements) in ordering Products on the Site. You need a real and valid email address to place an order, and You may need to set up Your browser to accept (functional controls) such as Cookies or pop-up Windows in order to be able to use all of the platform's features, including designing custom products, adding products to Your shopping cart, and submitting orders.
When You submit Your order, we will send You an email to acknowledge receipt of Your order. We shall be deemed to have accepted Your order only when we ship the products to You. We will send You a shipping notice (" Order Confirmation "). At this time, a contract containing these Terms and Conditions (" Contract ") is formed and, if Your order contains more than one product, a contractual relationship is established and binding on You and us only for the products actually shipped directly to You in the order. We recommend that You print or download the Terms and Conditions and the associated order confirmation for future reference. If we are unable to supply the products to You, we will notify You in writing and will not process the order.
Acceptance of all orders on the Platform is subject to product inventory and we expressly reserve the right to reject Your order for any reason. We also reserve the right to notify You in writing of the cancellation of an order, without any liability or cost for damages other than to refund You the amount we received in connection with the cancelled order under the following circumstances: (a) any Product in the order is not available; (b) the information You provide is incorrect or unverifiable; (c) You are found to resell the product, or the quantity is obviously beyond the scope of reasonable self-use; (d) orders that are flagged by our security system as abnormal orders or orders that are suspected to be fraudulent or false; (d) we consider that You are below the legal age in Your country; (e) we consider You to be the distributor; (f) fail to receive Your transfer payment within 5 calendar days after receipt of Your order; (g) We cannot deliver to the address provided by You; (h) there is an error in the price of any Product displayed on the Platform; (i) We reasonably believe You are in breach of any term or condition of this Agreement; or (j) payment in respect of the order is unable to be processed. If we cancel any order, we will endeavour to notice You in a reasonable manner. We will not charge You for that part of an order cancelled by Us.
Delivery of Products
We only deliver Products on the Platform within certain postcodes in China. You agree to comply with all delivery requirements (including, without limitation, any delivery location restrictions) as set out by Us on the Platform. We will deliver the products to the shipping address specified on Your order. We may contact You to make arrangements for delivery. Any loss caused by any error or change in the address or delivery information submitted by You shall be borne by You. We may require the person accepting the delivery of Your order to provide us with proof of identity and/or the credit card used to pay for the order (if applicable). If no one accepts delivery of Your order at the delivery address, we will endeavour to contact You, or You may contact Us, to arrange for delivery at a different time. We may charge You an additional Delivery Fee for re-delivery of Your order. You acknowledge and agree that any person at the delivery address who receives the Products is authorized by You to receive Your order. Risk in the Products and title in the Products ordered on the Platform passes to You upon the products are delivered under Your authorization.
Returns
All returns of Products ordered on the Platform are subject to Our Returns Policy on the Platform.
Fees and Charges
We will charge You, and You agree to pay, the price of each Product ordered on the Platform together with all Delivery Fees and Taxes and any other fees and charges set out in these terms and conditions. Prices for Products are shown on the Platform at the time you place Your order and are inclusive of VAT. Prices for Products are subject to change from time to time. Subject to these terms and conditions, once We have accepted Your order, we will not change any prices that apply to the Products in that order. Due to the different operation modes of online and offline stores, prices for Products on the Platform may not be the same as the prices in any of Our offline stores for the same Products.
Payment
You may choose the payment method accepted by the Platform to pay Us, and all payments must be made in Chinese Yen only. You understand and confirm that some of the payment services are provided by a legally qualified third party outside the Platform. The conditions and specifications for the use of such payment services are determined by You and the payment service provider, and are independent of the Platform.You may pay for an accepted order using Your (a) Visa; (b) MasterCard; (c) Debit cards displaying a Visa or Mastercard logo; (d) Union Pay ; (e) Alipay ; (f) WeChat Pay. If We are unable to successfully process payment for Your order, then We may reject or cancel Your order. If You choose to pay by credit card, You authorize Us to debit the amount that is payable for an accepted order from Your nominated credit card. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
Service
We do not represent or warrant that Our Platform or the Service will be uninterrupted or error-free or defect-free.
Change of Service
We reserve the right to make any changes to the Service considered by Us as necessary or desirable. We will use all reasonable endeavours to give prior notice or announcement of such changes on the Platform but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Site).
Lawful Use
You must use the Platform and the Service for lawful purposes only and ensure that Your access to, or use of, the Platform and the Service is not illegal or prohibited by law. It is Your responsibility to comply with all Applicable Laws in using the Platform and the Service, as well as all legal rules and regulations published or amended by the Platform from time to time. You agree at all times to deal with any information or Material provided by or accessed through the Platform in a manner which complies with all Applicable Laws of China or of any other relevant jurisdiction.When You use the Platform, You shall not:
(1) Making, copying, transmitting or publishing contents that violate national laws and regulations, endanger national security and unity, social stability, public order and good customs, and social morality, as well as insulting, defamatory, obscene or violent contents containing any sex or sexual innuendo; Infringing upon the right of portrait, right of reputation, intellectual property rights, business secrets and other legal rights, and engaging in other acts infringing upon the legitimate rights and interests of others;
(2) Create, reproduce, transmit or publish harassment, advertising information and spam, content that involves privacy, personal information or data of others, content that contains discriminatory speech, content that adversely affects minors, content that is false, or content that is for the purpose of making money or advertising;
(3) Engaging in money laundering, stealing business secrets, personal information and other illegal and criminal activities;
(4) Disturb or destroy the normal operation of the platform services, and other activities that endanger the security of computer information network;
(5) Engage in illegal profit-making business activities, or purchase products on the Platform for the purpose of making profits or reselling commodities, or purchase products not based on real consumer demand, or engage in acts that affect the normal trading order of the Platform and infringe on the fair trading rights of other consumers;
(6) Other acts in violation of any relevant laws, regulations, rules, and other legally valid norms, as well as all other provisions and procedures of the Platform, or acts that infringe upon the legitimate rights and interests of other users or third parties.
Misuse of information
You must not misuse, in any way, the Platform or any Materials posted on the Platform (including, without limitation, modifying, copying, reproducing, republishing, uploading, posting, transmitting or distributing in any way the whole or any part of any Materials except as expressly permitted by these terms and conditions or as is reasonably contemplated by, the normal use of the Service). You must not interfere with or disrupt (or attempt to interfere with or disrupt) any servers or networks connected to the Platform.
Information on the Platform
We do not warrant or represent the accuracy, completeness or suitability for Your intended use of any information on the Platform. You are responsible for the use of any information obtained from the Platform. You should make Your own enquiries to check if the information on the Platform is accurate, complete and suitable for Your intended use. All information in the Materials is not intended to constitute professional advice. The Platform may contain information that includes the views or recommendations of others that are not necessarily Our views. The Platform contains links and pointers to internet sites maintained by third parties. These links to third party sites are provided for Your convenience. Such links are not under Our control and We are not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked site or any link contained in a linked site. We do not endorse any information on those linked sites or any associated organisation, product or services.
Disclaimer
To the maximum extent permitted by law, We shall not be liable for any Loss (including loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by You arising from or in connection with: (a) Your access to, or use of, the Service, the Platform, any Materials, or any linked site; (b) any decision or action taken by You in reliance on any Materials; (c) any error or defect in the Platform or the Service; or (d) any order for Products. The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded.
Statutory Warranties
To the fullest extent permitted by law, Our liability under any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into this Agreement by any legislation (Statutory Warranties) is hereby excluded. Where We are liable under any Statutory Warranties, and any legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such Statutory Warranties, Our liability for any breach of such Statutory Warranties shall be limited, at Our option, to one or more of the following: (a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and (b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again. You acknowledge and agree that reliance by Us on this limitation of liability is fair and reasonable in all the circumstances.
Force Majeure
We accept no liability for any delay or failure to perform Our obligations under this Agreement if such a delay or failure to perform is due to circumstances beyond Our reasonable control.
Indemnity
You agree to indemnify Toys "R" Us Retailing (China) Limited, its officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified in connection with: (a) any breach of Terms and Conditions, or of obligation or warranty under this Agreement by You; (b) any wilful misconduct by You; or (c) any negligent act or omission by You.
Copyright
All copyright in the Materials (including, without limitation, information, data, documents,text, graphics, logos, icons, images, photos, audio, video, webcasts, charts, program code, interface design, layout frame, etc) are owned by Toys "R" Us Retailing (China) Limited and its licensors. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act or except as expressly permitted by these terms and conditions or as is reasonably contemplated by, the normal use of the Service, You may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or (b) commercialise the whole or any part of the Materials, without Our express written permission or, in the case of third party material, from the owner of the copyright in that material.
You promise that all content You upload to the Platform through the services of the Platform (including, without limitation, comments, contributions, activities, etc.) is original or legally authorized by You and does not infringe the legitimate rights and interests of other users or third parties. You agree to grant Us around the world with a free, permanent, and licensing of the exclusive rights and permission to use, copy, modify, adapt, publish, translation, which create derivative works, transmission, performance, and display such content, without having to pay any remuneration, compensation to You, also need not assume any obligation to You.
Trademarks
Trademarks used on the Platform are a trademark or registered trademark of Tru Kids Inc. a limited liability company in the United States of America, used under license by Tru Kids Inc. If You use any of Our trademarks in reference to Us, the Platform or the Service, You must include a statement attributing that trade mark to Us. You must not use any of Our trademarks: (a) in or as the whole or part of Your own trademarks; (b) in connection with any business, products or services which are not Ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages Us, the Materials, or the Platform.
Public Statements
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Us without Our prior written permission.
Termination
We may terminate this Agreement, any account created by You on the Platform and Your access to the Platform if You breach any provision of these terms and conditions. We may, at Our discretion, terminate this Agreement, any account created by You on the Platform and Your access to all or part of the Platform without the need to provide reasons. Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.
General provisions
If We waive, in whole or part, any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any provision of this Agreement is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from this Agreement, in which case, the remainder of this Agreement shall nevertheless continue in full force. The applicable laws for this Agreement will be the laws in the China.
Definitions
In these terms and conditions, unless the context otherwise requires:
Agreement means the Agreement between You and Us comprising these Terms and Conditions.
Applicable Laws means any and all statutes, regulations, by-laws, ordinances, subordinate legislation, rules, normative documents and other legally binding decisions in force from time to time which pertains to Your use of, and access to, the Platform and the Service.
Delivery Fee means the fee for the delivery of Products ordered by You. The fee for each order will depend on the type of Product ordered (in particular, the size and weight of the Product).
VAT has the meaning given to that term in the Tax System (Goods and Services Tax).
Loss means any loss or damage of any kind including, without limitation, liability to a third party.
Materials means any content made available by Us via the Platform (including, without limitation, information, data, documents, images, photographs, graphics, audio, videos, webcasts, text, logos, icons, charts, program code, interface design, layout frame, etc).
Product means each of the goods advertised on the Platform.
Service means the supply of Products and related services provided to You by Us through the Platform.
Platform means the website operated by Us at the websites “Toys”R”Us China official website” (www.toysruschina.com), “Babies”R”Us official website” (www.babiesruschina.com) and the WeChat mini program “Toys”R”Us China Official Store” (the “WeChat Mini Program”).
Taxes means all taxes, duties, levies and charges (other than VAT) in connection with any Products or any transaction under this Agreement.
We, Us, Our means Toys "R" Us Retailing (China) Limited.
You, Yourself, Your means any person who uses the Platform.
All applicants for mainland China Toys”R”Us Star Card Loyalty Program (Star Card) must be aged 14 or older.
The Star Card must be presented at the point of purchase in offline store and linked to orders in online store, without it your transaction will not be recorded and no Star Points will be rewarded.
The Star Points accrued under Star Card do not have any cash value and cannot be redeemed or exchanged for cash.
Star Points will not be awarded when purchasing Toys"R"Us Gift Card. However, points will be awarded when Gift Card are used to pay for goods and services. Star Points will be calculated on the net amount after the deduction of cash coupons and discounts of any kind.
The Star Card Benefits can only be used at any Toys"R"Us in Mainland China, China’s Hong Kong Special Administrative Region, China's Taiwan Region, Singapore, Malaysia, Thailand, Brunei and such other markets that may be added from time to time. The net purchase (after the deduction of the value of any Gift Card or other cash coupons and discounts of any kind)in local currency will be automatically converted to RMB according to the prevailing exchange rate being used by Toys“R”Us (China) Limited during 7 working days.
Star Card Member can earn 1 Star Point for every RMB1 spent both at stores and at Official online store (www.toysruschina.com). The Star Points shall be calculated based on the net value of transaction and rounded down to the nearest dollar. Since April 11th, 2015, Star Card members can get 10 RMB off with 500 points for each single purchase. Points cannot be redeemed or exchanged for cash. According to relevant Chinese law and regulation, when Star Card members need refund, points used during the purchase will be given back to their Star Card account after refund. Star Points will expire in 1 year from date of purchase. There will be 2 days for points clearing, June 30th and December 31st.
Star Points can only be earned and redeemed for purchases made inside the above designated Toys"R"Us brick and mortar stores. Purchases made at Toys"R"Us stores outside the territories described above and any other 3rd party coupon (including but not limited to shopping mall, bank, Dianping, Meituan) will not earn points and cannot be redeemed for points.
Star Card members can enjoy exchange and refund service within 15 days from the date of purchase in mainland China exclusively. Cardholders have to bring back the valid receipt and corresponding points will be deducted from the Star Card. For official online shopping order, Star card points of the order will be adjusted after refund.
Star points can be used only on storewide purchase inside above designated Toys"R"Us stores including discounted products. Star Reward Coupons cannot be used for the purchase of Gift Card. Star Reward Coupons can be redeemed and used to pay for goods and services inside above designated Toys"R"Us stores only.
If your star card is lost, stolen, or damaged, you can either bind your original card number or create a new digital card by entering “star card” at the bottom left of the official WeChat account ToysrusCN. The digital star card is of the same effect as your original card.
We are always conscious and respectful of your privacy and would not transfer any personal data disclosed in the application herein to any company outside the Toys“R”Us Companies except by irresistible force, government and judicial institutions. However, we may disclose and transfer your Personal Data to third party services providers to sending you promotional materials if necessary. The third party service providers are under a duty of confidentiality to us and are only permitted to use your personal data to sending you Toys”R”Us related promotion materials only. For protecting your personal information safety, if you never use Star Card within 5 years, the card will be frozen. You can search "ToysrusCN" WeChat account and apply for a new WeChat Star Card.
By enrolling in the Star Card Loyalty Program a participant acknowledges that they have read and accepted the terms and information practices set forth both here and the privacy policy. The applicant is entitled to have access to and make corrections to his/her personal data kept by the ToysRUs Companies by contacting ours Star Card customer service department via email to help.cn@toysrusasia.com or dial 400-886-8828.
