1. Introduction and Acceptance
These Terms of Service form a legal agreement between you and Hefei Tonghuang Zaicang Toys Co., Ltd., the company that operates the PlayCrate brand. By accessing this website, creating an account, placing an order or otherwise using any of our services, you confirm that you have read, understood and agree to be bound by these terms. If you do not agree with any part of these terms, you should stop using the website and the services.
The website and all services described on it are developed and operated by the developer PlayCrate on behalf of the Company. Any reference in these terms to the Company, to PlayCrate or to we, us or our refers to the same organization. These terms work together with the Privacy Policy, which explains how we handle personal information, and together the two documents govern your entire relationship with us.
We may reference additional policies, such as a specific product manual or a warranty leaflet. Where an additional policy is mentioned, it forms part of these terms. In the event of a conflict, the more specific document takes priority for the subject it covers. We encourage you to review all relevant documents before using a product or service.
2. The Services We Provide
PlayCrate provides services in the fields of computer systems design and computer integrated systems design, focused on the development and supply of smart and electronic toy systems. Our services include product development partnerships, custom computer systems design, embedded electronics, firmware and companion software, prototyping and testing, certification support, and manufacturing integration and quality systems.
The website informs visitors about these services, presents our product categories and age ranges, and allows customers and partners to contact us and place orders where such ordering is available. We may change, expand or withdraw any service at any time, and we will update the website to reflect the current range of what we offer.
Nothing in these terms obliges us to accept every project or order. We evaluate each request on its own merits, and we may decline a project where we do not have the capacity, the expertise or the confidence that the outcome would be safe and appropriate. If we decline a project, we will explain the reason and, where relevant, suggest an alternative.
3. Eligibility and Your Account
You may use the website if you are at least 18 years of age or the age of majority in your region, whichever is higher, and if you have the legal capacity to enter into a binding agreement. If you are under 18, you may use the website only with the involvement and supervision of a parent or guardian who accepts these terms on your behalf.
If you create an account, you agree to provide accurate, current and complete information, and you agree to keep that information up to date. You are responsible for everything that happens under your account, including any activity that results from the use of your password. You must keep your login details confidential and notify us immediately if you believe that your account has been used without your permission.
We may refuse to open an account, suspend an account or close an account at any time and for any lawful reason, including where we reasonably believe that the account is being used in breach of these terms or in a way that harms other users or our business. If we suspend or close your account, we will tell you why, subject to applicable law.
4. Using the Website
We grant you a limited, personal, non-transferable and revocable permission to access and use the website for your own lawful purposes. You may browse the site, read our content, contact us and place orders. You may not copy, reproduce, distribute, modify, publish or create derivative works from any part of the website except as permitted for personal, non-commercial use.
You agree to use the website in a way that is lawful and that does not interfere with the normal operation of the service. You may not attempt to gain unauthorized access to our systems, introduce malicious software, overload our servers or use automated tools to extract content in bulk without our written permission.
The website is provided for general information and for the purposes described in these terms. While we work hard to keep the content accurate and current, the information on the website is provided for guidance only and is not a guarantee of a particular result. Product descriptions, images and specifications are described in more detail in the section on product information.
5. User Conduct and Acceptable Use
When you use the website, our applications or our products, you agree to behave responsibly and respectfully. You may not use our services to send unsolicited messages, to distribute harmful software, to impersonate another person or organization, or to submit content that is unlawful, defamatory, threatening, obscene or infringing.
You agree not to interfere with the experience of other users, not to attempt to disrupt our services and not to collect information about other users without their consent. You are solely responsible for the content you submit, and you confirm that any content you provide is accurate, that you have the right to provide it and that it does not violate the rights of any third party.
We reserve the right to remove content that we reasonably believe breaches these terms and to take appropriate action, including suspending accounts and reporting serious violations to the authorities. We will consider the context and the intent of each case before taking action, and we aim to be fair and proportionate in every decision.
6. Product Information and Availability
We make every effort to describe our products accurately, including their age ranges, features, materials and safety characteristics. Images on the website are intended to be representative, and minor differences may exist between a photograph and the final product due to manufacturing tolerances and lighting conditions.
Product availability can change quickly, and the display of a product does not guarantee that it is currently in stock or available for order. If a product you order becomes unavailable, we will notify you and offer an alternative, a credit or a full refund, and you may choose the option that suits you best.
Our products comply with the toy safety standards of the markets where they are sold, and each product carries appropriate age and warning information. You should always follow the instructions on the packaging and the product manual, and you should supervise young children during play as recommended by the age guidance on the product.
7. Orders and Purchases
When you place an order, you make an offer to purchase the products on the terms displayed at the time of ordering. We will confirm receipt of your order by email, but that confirmation does not mean that the order has been accepted. We accept an order when we send a separate order confirmation or when we dispatch the products, whichever happens first.
We may reject an order for reasons that include incorrect pricing, insufficient stock, a payment problem or a reasonable belief that the order is fraudulent or in breach of these terms. If we reject an order after payment has been taken, we will refund the full amount as quickly as possible and no later than the time required by law.
Before you confirm an order, please review the product, the quantity, the price, the delivery address and the contact details you have provided. Once an order is accepted, you may request changes, but changes are subject to availability and may affect the price and the delivery date.
8. Payment Terms
The price of each product is shown on the website at the time you place your order and includes all applicable taxes, unless stated otherwise. We may change prices at any time before an order is placed, but the price confirmed in your order confirmation will not change unless the change is required by law.
We accept the payment methods shown on the website at the time of checkout. Payment is due at the time you place your order, and your order will only be processed once payment has been authorized and received. If a payment fails, we will contact you and your order may be held or cancelled.
All payment information is processed securely by our payment service providers, and we do not store your full card details on our own systems. Any dispute about payment is governed by the terms of this document and by the agreements you have with your payment provider, and we will cooperate with any lawful investigation.
9. Shipping and Delivery
We ship to the delivery addresses we support, as indicated at checkout. Delivery times are estimates and begin from the date we dispatch your order, not from the date you place it. We will provide tracking information when available so that you can follow the progress of your delivery.
Risk in the products passes to you when the products are delivered to you or to a person nominated by you at the delivery address. Ownership of the products passes to you once we have received full payment. If you refuse a delivery or we cannot reach you, the products may be returned to us and you may be charged for the return delivery.
In the unlikely event that products are damaged in transit or a delivery is incomplete, please inspect the products on arrival and report any problem within 48 hours, including photographs where possible. We will arrange a replacement or a refund in line with the returns section of these terms.
10. Returns, Refunds and Exchanges
We want you to be happy with every product you receive. If a product is faulty, damaged or not what you ordered, you may return it for a replacement or a refund in line with your consumer rights and with the details below. This right does not affect any rights you have under the consumer law of your region, which always take priority.
To return a product, contact us within 30 days of receipt and tell us the order number, the product and the reason for the return. Products should be returned in their original packaging where possible, with all parts and accessories included. We will provide return instructions and, where the return is due to our error, we will cover the reasonable return cost.
Once we receive the returned product and confirm that it is in an acceptable condition, we will process a replacement or a refund within a reasonable time. Refunds are issued to the original payment method and may take a few days to appear, depending on your bank or card provider. We are transparent about every step of the process.
11. Intellectual Property Rights
All content on the website, including text, images, graphics, logos, product designs, software code and the PlayCrate name and brand, is owned by the Company or by its licensors and is protected by copyright, trademark and other intellectual property laws. You may not use the PlayCrate name or logo without our written permission.
The product designs, technical drawings, specifications and engineering work we create for a client belong to that client under the terms of the specific project agreement. In the absence of a specific agreement, intellectual property created by us remains our property, and you should not assume that any right has been granted.
Nothing in these terms transfers any intellectual property rights to you. You agree not to challenge the validity of our intellectual property and not to register any mark or design that is confusingly similar to our brands or products. If you believe that content on our website infringes your rights, please contact us and we will investigate promptly.
12. License to Use Our Software
Our companion applications and any firmware or software embedded in our products are licensed, not sold. We grant you a limited, personal, non-transferable and non-exclusive license to use the software for its intended purpose with the corresponding PlayCrate product, for the lifetime of that product.
You may not copy, modify, decompile, reverse engineer or attempt to extract the source code of our software, except to the extent permitted by mandatory law. You may not use our software to build a competing product or to provide services to third parties without our written permission.
We may provide updates to our software from time to time, including security patches and feature improvements. Updates may change the appearance or behaviour of a product, and we will make reasonable efforts to keep the experience consistent and to publish information about significant updates.
13. Confidentiality of Shared Ideas
When you share a product idea, a concept or project information with us through the website or by email, you remain the owner of your idea and we do not claim it as our own. We treat the information you share for project evaluation as confidential and use it only for the purpose you intend, which is to evaluate the idea and prepare a proposal.
While we protect confidential information we receive, you should be aware that unsolicited ideas may overlap with products we are already developing. To help avoid confusion and disputes, we recommend that you do not send us detailed technical documentation unless you are ready to enter into a non-disclosure agreement with us.
If you send us unsolicited material, you do so on the understanding that we are not obligated to keep it confidential, except where we have agreed otherwise in writing or where the law requires confidentiality. Where you send material under a signed non-disclosure agreement, the terms of that agreement will apply.
14. Disclaimers of Warranties
To the fullest extent permitted by law, the website and the services are provided on an as-is and as-available basis, without warranties of any kind, whether express or implied. This includes implied warranties of merchantability, fitness for a particular purpose and non-infringement, except where such warranties cannot be excluded by law.
We do not warrant that the website will be uninterrupted, error-free or completely secure, or that the results obtained from its use will be accurate or reliable. We are not responsible for the availability or content of third-party websites that are linked from our pages.
Nothing in these terms excludes or limits warranties, rights or remedies that cannot be excluded or limited under the mandatory consumer law of your region. Where such law applies, these disclaimers are read as applying only to the fullest extent permitted by law, and your statutory rights remain unaffected.
15. Limitation of Liability
To the fullest extent permitted by law, the Company and the developer PlayCrate will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunities, arising from or connected with your use of the website, our services or our products.
Our total liability for any claim related to these terms, whether in contract, tort or otherwise, is limited to the amount you paid us for the relevant product or service during the twelve months before the claim arose, or one hundred US dollars, whichever is greater.
Where mandatory law does not allow the limitation or exclusion of liability, these limits apply only to the fullest extent permitted. This clause does not limit liability for death or personal injury caused by our negligence, for fraud or for any other liability that cannot be limited by law.
16. Indemnification
You agree to indemnify and hold harmless the Company and the developer PlayCrate, together with our officers, employees and agents, from and against any claims, losses, damages, liabilities and reasonable expenses that arise from your use of the website or services, your breach of these terms or your violation of any law or the rights of a third party.
This obligation includes claims arising from content you submit to us, from your misuse of a product and from any dispute between you and another user. We will notify you promptly of any claim we believe falls within this indemnity and will give you a reasonable opportunity to control the defense, where practicable.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case you agree to cooperate with our defense. This section survives the termination of these terms.
17. Third-Party Services and Links
Our website and applications may contain links to third-party websites, services and content that we do not control. These links are provided for convenience only, and we do not endorse the content, products or practices of any third party. Your use of any third-party service is subject to the terms and privacy practices of that third party.
We may rely on third-party providers for functions such as payment processing, analytics and delivery. These providers act on our instructions and are bound by agreements that protect your information and your interests. We are not responsible for failures of third-party providers that are outside our reasonable control.
If you purchase a third-party product through a link on our website, the sale is governed by the third party and not by these terms. Please read the third party terms and privacy policy carefully before making any purchase.
18. Termination
We may suspend or terminate your access to the website, your account and any associated services at any time, with or without notice, if you breach these terms, if we suspect fraud or abuse, or if we believe that continued access would harm other users or our business.
You may stop using the website and our services at any time, and you may close your account by contacting us. Closing an account does not affect orders already placed, and the sections of these terms that are intended to survive, such as those covering payment, intellectual property, liability and disputes, will continue to apply.
Upon termination, you must stop all use of the website and delete any software or materials you have received in connection with our services. We will not refund amounts already earned for services delivered, and any outstanding amounts remain due.
19. Governing Law and Dispute Resolution
These terms are governed by the laws of the People Republic of China, without regard to conflict of law principles. The Company and the developer PlayCrate are based in Hefei, China, and the courts of Hefei have jurisdiction over any dispute arising from these terms, subject to any rights you have under the mandatory law of your home country.
Before starting any formal proceedings, we invite you to contact us to resolve the matter informally. We will treat every complaint seriously and will work with you in good faith to find a fair solution. If we cannot resolve the matter within 30 days, either party may pursue the remedies available under applicable law.
Nothing in this section limits your right to bring a claim before a court that has jurisdiction over the dispute, or to rely on any mandatory consumer protections that apply in your region and that cannot be waived by agreement.
20. Entire Agreement and Severability
These terms, together with the Privacy Policy and any additional policies referenced in them, constitute the entire agreement between you and the Company regarding your use of the website and services. They replace any prior agreements, understandings or representations relating to the same subject matter.
If any provision of these terms is found to be invalid, unlawful or unenforceable, that provision will be read as modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Our failure to enforce any provision of these terms does not constitute a waiver of that provision. A waiver of any provision will only be effective if it is in writing and signed by the Company. These terms are binding on you and on your successors and permitted assigns.
21. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our services, new products, changes in the law or improvements to how we communicate with our users. When we make material changes, we will revise the date at the top of this page and, where appropriate, notify you by email or through a notice on the website.
The terms in effect at the time you place an order or use a service govern that order or use, unless a later change is required by law. If a change materially affects you, we will give you reasonable notice before it takes effect, and your continued use of the website after the change will mean that you accept the updated terms.
If you do not agree with a change, you should stop using the affected services and close any account you have with us. We encourage you to review this page from time to time so that you are always aware of the terms that apply to you.
22. Contact Us
If you have questions about these Terms of Service, about an order, or about any other matter, we are glad to help. Please contact the Company using the details below and we will respond as quickly as possible, and no later than the deadline set by applicable law.
Company: Hefei Tonghuang Zaicang Toys Co., Ltd.
Address: Rm 806, Dazhong Building, No. 6 Zhanxi Road, Yaohai District, Hefei - 230000, China (CN)
Email: office@playcrate.autos
Phone: +17797781580
When you contact us, please include your order number where relevant so that we can help you quickly. We treat every message confidentially and we aim to make the experience of dealing with our team as simple and pleasant as playing with our toys.
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