Terms and Conditions

INTRODUCTION

1.1 Welcome to the ToyoWrites (the “Company,” “we,” “our”) website (“Website”). Please read the following information carefully before using this Website. These are the terms, covenants, conditions, and provisions (the “Terms and Conditions”) governing your access to and use of the Company’s Website, including the products or services offered through the Website. If you do not accept these Terms and Conditions or do not comply with the provisions, you may not use the Website. By continuing to use or access this Website, you acknowledge that the Company has provided valuable consideration by offering this Website free of charge, and in exchange, you agree to these Terms and Conditions. Please note that these Terms and Conditions do not apply to your access or use of any data or information collected by third parties, including any third-party platforms or vendors; please refer to their respective terms and conditions for more information.

2. ACCEPTANCE AND CONDUCT

2.1 By accessing or using the Website, you accept these Terms and Conditions, along with any applicable third-party terms, privacy policies, and rules, and agree to be legally bound by them and all applicable laws associated with your access or use of the Website. If you do not agree to be bound by these Terms and Conditions, you are not authorized to access or use the Website or place any orders. We reserve the right to modify or update these Terms and Conditions at any time. Please check the Terms and Conditions each time you visit the Website for the most current version.

2.2 These Terms and Conditions apply to the Website and all products, services, and content contained herein, whether accessed directly on this Website, downloaded, or through any other service offered by the Company. You are authorized by the Company to access and use the information on the Website solely for personal, non-commercial use, provided you are at least 18 years of age. You may not copy, transmit, display, distribute, download, license, modify, publish, reproduce, use, or sell any of the Company's content for commercial or public purposes without the Company’s express prior written consent. The use of data mining, robots, or similar data gathering tools in connection with the Website is strictly prohibited. You agree not to use the Website for any unlawful purpose.

2.3 To access certain features of the Website, including placing orders, you may be required to create an account and provide Personal Information (as defined in our Privacy Policy). You are responsible for maintaining the confidentiality of your username(s) and password(s) and for all activities that occur under your account. You agree to notify the Company in writing of any unauthorized use of your account or any other breach of security. You must log out from your account at the end of each session. The Company reserves the right to block your account if it suspects a violation of these Terms and Conditions.

2.4 If you provide a telephone number in connection with your use of the Website, you consent to receive calls or texts from the Company. If you provide an email address, you consent to receive electronic communication from the Company. You may opt out of these communications by contacting the Company at info@toyowrites.com.

2.5 You agree not to modify the Website or use modified versions of the Website (except if modified by the Company) to gain unauthorized access. You agree not to access the Website by any means other than through the interface provided by the Company.

3. PRIVACY

3.1 Please review our Privacy Policy, available on our Website, to understand our practices regarding your Personal Information. By using our Website or placing an order, you agree that we may use and share your Personal Information as defined in the Privacy Policy.

3.2 You acknowledge that the Company may collect and share certain Personal Information, and may contact you periodically, all in accordance with our Privacy Policy. The Company reserves the right to comply with legal requirements and requests from law enforcement or government entities, which may require disclosing certain Personal Information.

4. OWNERSHIP OF MATERIALS; INTELLECTUAL PROPERTY RIGHTS

4.1 The Website, including all products, services, and content contained herein (collectively referred to as “Content”) and the trademarks, service marks, and logos (“Marks”), are the sole property of the Company or its licensors and are protected by copyright, trademark, and other laws. Except for the limited licenses granted to you in these Terms and Conditions, the Company retains all rights to the Content and Marks. You may not reproduce, copy, modify, display, sell, or distribute any Company IP or use it for any public or commercial purpose without the Company’s express prior written consent.

4.2 You must retain all copyright, trademark, and other proprietary notices on any authorized copy you make of the Company IP. The Company IP is provided for your personal use only. You agree not to engage in any use, copying, or distribution of the Company IP other than as expressly permitted herein. If you download or print a copy of the Company IP, you must retain all copyright and other proprietary notices contained therein.

5. LICENSES

5.1 The Company grants you a limited, non-exclusive, revocable right to access and use the Company IP for personal, non-commercial purposes. No Company IP may be copied, transmitted, displayed, or used for commercial purposes without the Company’s express prior written consent. The Company reserves the right to suspend or terminate your access if it determines that you are in breach of these Terms and Conditions.

5.2 Any Personal Information provided to the Company will be collected and used to improve the Website, respond to inquiries, and suggest products or services relevant to you. The Company may also use this information to enhance the user experience on the Website.

5.3 The Website may allow users to review products or post comments publicly (“Common Spaces”). Any content you submit in these areas shall not be confidential and may be used by the Company or other users in accordance with these Terms and Conditions. You are responsible for all User Content you make available through the Website and represent that you have the rights necessary to submit that content.

6. THIRD PARTY MATERIALS

6.1 You may encounter third-party products, services, or materials (“Third-Party Materials”) through the Website. You acknowledge that you are solely responsible for your access to and use of any Third-Party Materials, and the Company disclaims any liability for any harm resulting from such access or use.

6.2 The Company does not endorse or guarantee any third-party vendors, products, or services found on the Website. Links to external websites are provided for convenience, and the Company is not responsible for any Personal Information collected by third parties on those sites.

7. SPECIFIC TERMS FOR AI-GENERATED ART

7.1 The content available on the ToyoWrites platform may be generated through artificial intelligence mechanisms. Each item is created by AI systems, without traditional artistic methodology.

7.2 Our technology aims for uniqueness in its creations. However, we do not guarantee that resemblances to existing art do not occur.

7.3 The output from our AI is derived from data-centric methodologies and does not embed human sentiments or conscious artistic sensibilities. The appreciation of such art remains an individual experience.

7.4 ToyoWrites assumes no responsibility for any misconceptions or disputes stemming from the likeness or interpretation of the AI-crafted content. All transactions are final, and reimbursements are at the Company’s discretion.

7.5 Engaging with AI-generated content from ToyoWrites is the buyer’s sole responsibility. The Company is not accountable for any claims or losses arising from the artwork's application or functionality.

7.6 By using our AI tools, you agree that we reserve the right to review and withhold any user-generated content that we deem offensive or inappropriate.

7.7 ToyoWrites holds the authority to revise or alter these terms without prior notice. Users are advised to revisit these terms periodically.

8. REPRESENTATIONS

You represent and warrant that you will not use the Website for any purpose prohibited by these Terms and Conditions, the Privacy Policy, or applicable law. You further represent that you own or have permission to use any content you provide to the Company.

9. WEBSITE CONTENT

9.1 The Company created the Website for customers to place orders and provide information for informational purposes only. We make no representations regarding the appropriateness of materials or products on the Website for sale or use.

10. ORDERING AND DELIVERY

10.1 All prices displayed on the TW website are quoted in British Pounds (£). Applicable taxes, fees, or charges, including shipping and handling costs, sales tax, customs, or duty charges, will be added to your total purchase amount and displayed prior to checkout. TW may offer a variety of acceptable payment methods or discounts, which may change at TW's discretion.

10.2 Upon placing your order, TW will confirm it and send an order confirmation to your email. We encourage you to save this confirmation for any future inquiries with TW’s customer service regarding your order. You may cancel your order until it has been confirmed by TW. If you cancel your order, TW will refund any payments made regarding that order.

10.3 Products in stock are typically delivered within the working days specified on the TW website. Unless otherwise agreed (e.g., for reserved out-of-stock products), delivery will occur no later than 30 working days after TW confirms your order in writing. If you do not receive your order within the advertised delivery timeframe, please contact our customer service within 30 business days after placing your order.

10.4 Expected delivery times are indicated in the order confirmation and on the product page on the TW website. Unless otherwise agreed (e.g., for reserved products), if delivery is delayed beyond 30 business days and you have not received your product, you may cancel the purchase.

10.5 If a package is to be picked up from a specified delivery point, you must do so within the time indicated in the notification. Packages should be retrieved in person with valid identification and the order number. You will receive a notification of delivery via email, regular mail, or phone/SMS if a mobile number is provided. If a package is not retrieved, TW reserves the right to charge a fee of £24.99. For home deliveries, someone must be available to accept the parcel.

10.6 You have a 90-day withdrawal period to cancel any purchase by notifying TW within 90 days from when you or your representative received the product (the withdrawal period). For more information regarding TW’s product delivery and conditions, please see the detailed section here. All products must be returned in the condition they were delivered. If products show signs of use, TW may deduct from your refund at its discretion.

10.7 By accepting these Terms and Conditions, you acknowledge that the right of withdrawal does not apply to digital content delivered in a manner other than by a tangible medium.

10.8 If you order a product for which the right of withdrawal does not apply, TW will provide clear information that the product is not eligible for withdrawal. If a product is sealed, you may not break the seal if you wish to utilize your right of withdrawal, as doing so will void that right. This includes any technical seals (e.g., serial numbers).

10.9 To withdraw from a purchase, you must send a written message to TW before the withdrawal period expires. This message should include your name, address, relevant information (e.g., order reference, confirmation number, invoice number, and product name). If you prefer, you may use the standard form for withdrawal provided by the appropriate consumer protection authority in your country.

10.10 If you choose to withdraw from a purchase, you will be responsible for return shipping costs and for the condition of the product after receiving it and during the return shipping until TW receives it. The product must be returned within 14 days of notifying TW of the withdrawal and should be well-packaged and in its original condition and packaging. Any additional charges (e.g., Customs & Duty charges, VAT/local taxes) may apply and are your responsibility, even in cases of forced return before delivery.

10.11 If you withdraw your purchase, TW will refund the amount you paid for the product, including shipping costs, minus any specified costs. Shipping costs incurred due to choosing a delivery method other than the standard method offered by TW are not refundable. If only part of an order is returned, shipping costs will not be refunded. TW reserves the right to deduct an amount from the refund that corresponds to any depreciation in the product’s value due to excessive use or handling beyond what is necessary to assess its functionality or characteristics.

10.12 TW will issue refunds without undue delay, no later than 14 days from receiving your withdrawal notification. TW may delay repayment until the product has been returned. Refunds will be processed using the original payment method unless otherwise agreed.

10.13 From time to time, TW may provide exclusive offers on the website with more favorable conditions than outlined in these Terms and Conditions, such as extended withdrawal rights. Such conditions apply for the duration of the exclusive offer and specific products as stated. TW reserves the right to withdraw, change, or modify these exclusive offers at any time. Upon the termination of an exclusive offer, these Terms and Conditions will apply without amendments.

10. 14To participate in competitions or giveaways offered by TW, you must be aged 18 or over. Employees of TW cannot participate in any competition. Winners will be selected by an independent jury from TW's marketing team, and the jury's decision is final. The criteria for selection will vary based on the competition and are available upon request via email.

10.15Gift certificates sold by TW are valid for two (2) years from the date of issue and can be redeemed on the TW website. After the expiration date, the certificate cannot be used for payment, reactivated, or refunded. Keep your gift certificate secure, as lost or stolen certificates will not be replaced.

10.16 Winners of competitions will be announced on our social media platforms where the competition was held and asked to contact us for further information. Prizes cannot be exchanged, transferred, or redeemed for cash. You are responsible for any additional costs associated with the prize, including shipping and handling. TW reserves the right to substitute any prize with another of similar value if the original is unavailable.

10.17 TW is not liable for delays caused by circumstances beyond its control, including labor disputes, supply chain delays, pandemics, or governmental orders. If such circumstances arise, TW will inform you at the beginning and end of the delay period. If the situation persists for more than two months, both you and TW may terminate the purchase immediately.

11. DISCLAIMER OF WARRANTIES

11.1 Your use of the TW website is at your own risk, and any materials downloaded, information obtained, or products/services received from TW are at your discretion and risk. You are solely responsible for any damage to your device, loss of data, or other issues that result from using the website. TW does not guarantee the security of any information you transmit. The materials, products, services, content, and information on the TW website are provided "as is" without any express or implied warranties. It is your responsibility to assess the accuracy and completeness of the information/products/services provided.

11.2 To the fullest extent permitted by law, TW disclaims all express or implied warranties regarding (i) the website, (ii) the information contained therein, and (iii) any products or services offered by TW or third parties. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. TW also disclaims any warranties regarding the availability, accuracy, or completeness of the website’s content.

11.3 Some jurisdictions do not allow the exclusion of certain implied warranties or the limitation of liability for incidental or consequential damages, so these limitations may not apply to you.

11.4 TW specifically disclaims all warranties regarding any products or services, including third-party products, that you may purchase or receive. These products must be used for their intended purposes.

11.5 TW does not warrant that the website will operate error-free or that its servers are free of harmful mechanisms. If your use of the website results in the need for servicing or replacement of equipment or data, TW is not responsible for those costs.

11.6 TW makes no representations regarding the content of the website, including broken links or inaccuracies.

11.7 Some TW products may be subject to warranties. Details regarding warranty periods and conditions for each product are available on the TW website. Warranties cover only original manufacturing defects and not faults arising from modifications or alterations to the product. Your order confirmation serves as your warranty certificate.

11.8 To assert your right to file a complaint regarding defective products, you should contact TW as soon as possible after discovering the defect, using the contact information provided on the website.

11.9 TW will cover return shipping costs for approved complaints. Upon returning a product for which a complaint has been filed, and once the complaint is approved, TW will issue a refund in accordance with applicable consumer protection legislation. While TW strives to process refunds within 30 business days, this may vary based on the nature of the product. TW reserves the right to refuse complaints if the product is not deemed defective per applicable consumer protection laws.

12. LIMITATION OF LIABILITY

12.1 You acknowledge that you assume all responsibility and risk for your use of the ToyoWrites website, products, and services, as well as any information and materials you access. You agree to release ToyoWrites and its members, owners, employees, representatives, insurers, affiliates, successors, and agents from any liability as follows:

To the fullest extent permitted by applicable law, in no event shall ToyoWrites and its members, owners, employees, representatives, insurers, affiliates, successors, or agents be liable for any damages of any kind, including but not limited to direct, indirect, special, incidental, exemplary, or consequential damages, loss of profits, property damage, bodily injury, or death, goodwill, or damages resulting from loss of data or business interruption arising from or in connection with the products or services offered by ToyoWrites or any third-party through the website. This includes issues related to the use of or inability to use the website, whether based on warranty, contract, tort, or any other legal theory, and regardless of whether ToyoWrites was advised of the possibility of such damages. Your sole and exclusive remedy for dissatisfaction with any service, product, or the website is to stop using the website, service, or product. In no event shall ToyoWrites be liable for damages greater than the amount you paid, if any, for a specific product or service.

12.2 Due to the nature of this agreement, you agree that ToyoWrites will be entitled to equitable relief in the event of a breach of this agreement by you.

13. SMS SERVICE

13.1 You may choose to register for our communications via short message service ("SMS Service"). Participation in the SMS Service is not necessary to use the ToyoWrites website. By registering, you certify that you are authorized to enroll the designated mobile phone number in the SMS Service and to incur any mobile message or data charges that may be incurred.

13.2 To subscribe, enter and submit your mobile phone number and name in the submission form available on our website. By doing so, you consent to ToyoWrites and third parties contacting you on your mobile phone for marketing purposes.

13.3 By subscribing to the SMS Service, you expressly consent to receive communications via text message to the mobile number you provided. Note that the information in any message may be subject to delays.

13.4 You can text STOP to opt out of receiving messages from us and HELP for assistance. You may receive one final confirmation message after unsubscribing.

13.5 By participating in the SMS Service, you agree to any charges from your mobile carrier. You acknowledge that you are solely responsible for obtaining and maintaining your mobile device and paying any related charges.

13.6 ToyoWrites is not responsible for incomplete, lost, late, or misdirected messages, including undelivered messages due to filtering by your mobile carrier or service provider.

13.7 The SMS Service may utilize automatic telephone dialing technology or pre-recorded messages. By providing your phone number, you consent to receive messages via these methods. ToyoWrites reserves the right to modify or discontinue the SMS Service at any time, with or without notice.

14. ENTIRE AGREEMENT/RESERVATION OF RIGHTS

These Terms and Conditions, along with the Privacy Policy and any other published policy of ToyoWrites, constitute the entire agreement between you and ToyoWrites regarding your use of the website, superseding all prior communications and proposals. Any rights not expressly granted herein are reserved.

15. DOWNTIME; SERVICE SUSPENSIONS; TERMINATION

15.1 Your access to the ToyoWrites website may be suspended for any anticipated, unanticipated, scheduled, or unscheduled downtime, maintenance, or unavailability for any reason.

15.2 ToyoWrites reserves the right to suspend access to the website at any time, without liability to you, for reasons including scheduled downtime, security threats, or legal prohibitions.

15.3 ToyoWrites also reserves the right to terminate your access to the website for any reason, at any time, without notice. We may modify or discontinue the website at any time and are not liable for any modifications or interruptions.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ToyoWrites and its members, owners, employees, and agents from any claims, liabilities, or damages resulting from your use of the website or your violation of these Terms and Conditions.

17. GOVERNING LAW; SEVERABILITY; ENFORCEMENT

This Agreement is governed by the laws of England and Wales. Any disputes shall be resolved in accordance with these laws. If any provision of these Terms and Conditions is found to be invalid, the remaining provisions will remain in effect.

18. RIGHTS YOU AGREE TO GIVE UP

If you or we choose to litigate any claim, you and we agree to waive the right to participate as a class representative or class member in any class action against ToyoWrites.