Terms and Conditions
Cleaning, Lubricants & Prop. 65
Although our toys are sold as novelties only; TSX Toys has voluntarily undertaken European toxicity tests; the same ones used to test children’s toys, for our Fauxskin™ and PVC materials, which have passed for low lead and cadmium content. As of June 1, 2007, our formula was revised and since then is non-phthalate. TSX Toys was the first US manufacturer to begin manufacturing only in non-phthalate materials. Just like our foods can contain trace amounts of rodent feces; non-phthalate pvc may contain trace amounts of phthalates. As a consumer; if you are concerned about phthalates; it is recommended that you use a condom with your toys; or simply buy toys in materials that do not contain even trace amounts of phthalates. Keep in mind that almost all the cosmetics we use and many more consumer items contain phthalates. Consumers with allergies to PVC or Urethane based materials should not use these items and/or should consult their physician first and proceed with caution with regard to these materials. TSX Toys assumes no liability for consumers use of TSX products except as specifically labeled (novelty use only).
Clean the products using a mild soap and water; before and after use. Rinse and dry thoroughly. Store in a dark, cool place.
Please note: (Unless otherwise specified) vibrators are not waterproof. Do not immerse wires or battery packs to avoid electric shock. Use only Water Based Lubricants.Excessive heat; or use of lubricants other than recommended may cause product degradation.
Storing pvc products against other pvc products is not recommended. Storing pvc products against polymer products will produce a chemical reaction that tends to melt the products together.
Account Terms & Conditions:
All orders placed through the TSXDirect.com (hereinafter; seller) site shall be paid in full at the time the order is placed. Any differences between the freight actually charged by our carriers shall either be credited to the customer (if the freight charged on the platform is more than actual or debited to the customer and a request emailed for the additional payment shall be sent. No order will be processed or shipped until any additional freight is paid in full. TSXDirect.com uses UPS to ship orders unless the order is large enough for a pallet. All orders will require a signature for delivery unless the customer specifically assumes responsibility for the package(s) at the time the packages are handed off to the carrier for shipping. In other words; If the customer waives the signature requirement; the customer relieves the seller of responsibility for lost or stolen goods once shipped. If failure to pay according to the terms of this Agreement causes this account to be assigned or referred to an attorney or collection agency for collection, Customer agrees to pay all reasonable collection and/or attorney fees and all court costs incurred by SELLER by the Customer. Customer specifically waives Paypal’s dispute program with regard to all purchases on TSXDirect.com’s website and instead agrees to work out any differences directly with TSXDirect.com. The Customer further agrees to pay a $40.00 service fee for any returned payment for any reason. The Customer hereby authorizes the banks and trade references listed on the credit application and any consumer or business credit reporting agency to release and/or verify orally or in writing to SELLER, any information given in this document and to disclose any information which may bear upon the Customer 's creditworthiness when and if requesting credit from TSXDirect.com.
To secure full payment of this purchase price of all goods and services, Customer, as debtor, hereby grants to SELLER, as a secured party, a purchase money security interest in all goods purchased hereunder and it is understood that SELLER, from time to time, may file any such financing statements, including but not limited to UCC I statements, or other documents as may be deemed necessary or appropriate by SELLER, to perfect or protect its security interest hereby created. The terms and conditions of this agreement shall be governed by the laws of the State of California. To the extent any provision of this agreement is found by a court of competent jurisdiction to violate any applicable law, or is otherwise unenforceable, such provision shall be construed so as not to violate such applicable law, and to otherwise be enforceable and the remainder of the agreement shall remain in full force and effect. This Agreement and all collateral matters will be governed by and construed in accordance with California law, without regard to, or application of, conflicts of law rules or principles. Any suit arising out of or related to this Agreement will be brought solely in the courts of California, and the parties hereby expressly consent to the personal jurisdiction thereof and hereby waive all objections to venue therein. The substantially prevailing party in any dispute relating to this Agreement will be entitled to recover associated costs, including the reasonable fees of attorneys and other professionals. The Customer hereby agrees to the foregoing valid, binding forum selection clause and acknowledges that personal jurisdiction may be exercised over Customer in California courts.
The Customer agrees to notify SELLER of the sale of the Customer's business or any changes in ownership at least 15 days prior to such sale or change in ownership, with notice to be sent to: TSXDirect.com LLC 1350 Riverview Dr. | San Bernardino, Ca. 92408 | Attention: T. Loya
If the customer is a corporation, LLC, LLP or any other formal organization; the customer agrees that the individual(s) authorized to use this site are and will be held personally responsible along with the formally organized entity for all amounts due for any products purchased from TSXDirect.com. The Customer acknowledges that all products sold by SELLER are not appropriate for minors and Customer agrees to take all necessary precautions to prevent the sale of these products to minors. Customer further agrees to indemnify, defend and hold SELLER harmless from any action arising out of Customers sale of these products. Customer acknowledges that all products sold by Seller are not necessarily legal in all jurisdictions in the United States and in other countries throughout the world. Customer acknowledges that it is impossible for Seller to know the laws of all jurisdictions in the United States and other countries of the world where the customer might sell the products; thus the Customer specifically agrees to indemnify TSXDirect.com and/or its affiliated companies from any legal or financial liability whatsoever due to the customer’s choice location or method of reselling merchandise purchased from TSXDirect.com. Customer agrees that customer is solely and completely responsible for the content (claims, advertising, information, descriptions, etc.) on customers website or in customers brick and mortar store unless such content is specifically approved in writing by TSXDirect.com.
Special Provisions for California Customers
Resellers in the state of California are required by State Law to submit a valid California Resale certificate (California State Board of Equalization Form BOE230) if the reseller/customer does not wish to be charged tax. By law; TSXDirect.com is required to collect sales tax from any California customer who does not have a resellers certificate on file with us at the time of the sale. If you are located in California and submit an order to us without paying California sales tax and we do not have a valid California Resale certificate on file for your business; you will be required to provide one to us; or we will request payment of the sales tax prior to processing and/or shipping your order. The Customer agrees that all the preceding statements are true to the best of his/her knowledge and further agrees that this application may be executed in a corporate or representative capacity. Each signer hereof personally, and individually, guarantees and acts as surety for the payments to SELLER of all amounts due from the undersigned to SELLER. Seller shall retain a security interest in all merchandise until paid in full. Seller shall be permitted, in its sole discretion, to perfect its interest by filing financing statements and/or retaking possession of the merchandise; in the event of untimely or non-payment.
The Customer agrees that all the preceding statements are true to the best of his/her knowledge and further agrees that this application may be executed in a corporate or representative capacity. Each signer hereof personally, and individually, guarantees and acts as surety for the payments to SELLER of all amounts due from the customer, company and individual buyer to SELLER.
The Customer certifies that the information given in this application is true and correct to the best of his/her knowledge and that the Applicant/Customer hereby agrees to the terms and conditions in the TSXDirect.com Terms and Conditions. By use of this platform and/or continued purchases from TSXDirect.com; buyer/customer agrees to the terms and conditions as updated herein from time to time by the seller.
A minimum order of 3 products in the same way and color per item at the current wholesale price. Additionally; If custom labels are desired; the minimum order amount must be at least $100.00.
TSXDirect.com strives to process and ship all orders as quickly as possible; however due to the customization of these products orders cannot be cancelled after an order is in process except as approved by the seller. Once your order is placed with TSXDirect.com; you will receive a sales order for your approval prior to the order going into process to make sure there are no mistakes. After a sales order has been provided to you for approval; you have 48 hours to disapprove it. If it is not disapproved after 48 hours; it is considered by default to be approved. Since all TSXDirect.com products are custom; there may be a delay of up to 30 days to manufacture and ship your order. Orders cancelled after your order has been approved by you; are subject to approval by TSXDirect.com and only upon payment of a restocking fee of 50%. If payment of your order has been paid in advance; the restocking fee will be deducted from the advance payment and the balance will be refunded to the customer.
All orders are shipped prepaid via Paypal. You do not need a Paypal account to pay via Paypal. You can simply use your credit card.
Returned Payments and Collection
There is a $40.00 fee each time any payment is reversed, returned or otherwise fails (for any reason) after an order is placed. If your order is cancelled by TSXDirect for non-payment after an order is approved; the restocking fee will be immediately due and payable. If collection efforts commence in order to collect payment of any balance including, but not limited to; failed payment fees, restocking fees, etc. the customer will also owe interest on the debt at the highest amount allowed under California state law as well as any collection fees; including legal fees and court costs.
All Sales Are Final
All sales are final. TSXDirect.com maintains a Return Policy for Defective or Damaged products. Customer must comply with TSX toys warranty program as stated on the TSXtoys.com website. TSXDirect.com will issue a Return Authorization Number for returns that are approved. The return authorization number must be clearly and prominently displayed on the outside of all return packages or the packages may be refused. All return freight is the responsibility of the customer until a determination of cause is made by TSXDirect.com regarding responsibility for the issues that caused the return/damage or request for credit. Approval of any returns or credits for damaged merchandise or other mistakes will be at the sole discretion of TSXDirect.com. All approved returns will receive a credit memo; not a cash refund. Credits will be available for future purchases; not for refund. Your customer’s should use TSX Toys warranty program as set forth on TSXtoys.com website. They must register their product on the TSXtoys.com site within a few days of purchase in accordance with the policy posted on www.tsxtoys.com website.
Copyrights, Trademarks and customer label copy indemnification on private labels
Customers agree that they are responsible for any misinformation on artwork submitted or requested to be put on labels of TSX products on their behalf. Customers specifically TSXDirect.com and/or its affiliated companies from any liability whatsoever stemming from Customers use of copyrighted art or trademarks submitted to TSXDirect.com to use on the Customers labels to take advantage of TSX Toys Private Label service. . Customers specifically TSXDirect.com and/or its affiliated companies from any liability whatsoever, stemming from Customers erroneous or false information submitted to TSXDirect.com to print on the Customers labels to take advantage of TSX Toys Private Label service. TSXDirect.com and/or its affiliated companies are not responsible for any information that the customer requests to have printed on the labels of the products. Customer’s agree that TSXDirect.com and/or its affiliated companies may make any changes in the customer’s labels if (in their sole opinion) they find that there is erroneous, false or misleading information on the customer’s labels. Failure by TSXDirect.com and/or its affiliated companies to correct any information on a customer’s label will not cause increased liability to TSXDirect.com and/or its affiliated companies nor will it relieve the customer of the responsibility to indemnify TSXDirect.com and/or its affiliated companies from liability with regard to erroneous, false or misleading representations on a customer’s labels; for any reason.
Responsibility for Advertising and Information
Customers agree that they are responsible for their own advertising copy and claims on their websites or any other place of business and/or sale that is owned or controlled by the customer. Customers agree to indemnify TSXDirect.com, and TSX Toys, Inc. from any liability regarding claims made to customers regarding the products relating to use, materials, safety, cleaning, or any other matters unless the information came from TSXDirect.com in writing or was taken verbatim from a TSXDirect.com. document. Questions as to the validity of any statement or claim can be submitted to TSX Toys, Inc. at firstname.lastname@example.org for clarification.
Drop shipping is available by opening a dropship account directly with TSX Toys, Inc. The terms and conditions for the Dropshipping account are in a separate agreement outside the scope of these terms and conditions.
All provisions in this Terms and Conditions section are governed by California law. The jurisdiction agree to by all parties is San Bernardino, California USA. If any provision in this agreement is found to be in conflict with any existing law or ruling of any court of relevant jurisdiction; that particular provision only, shall be deemed null and void and all other provisions shall apply as written.
No part of this content may be used without our permission. All rights reserved. Copyright 2016.