Terms & Conditions
We ship to all 50 States in the U.S. and CanadaDELIVERY TIME
An estimated delivery time will be provided to you once your order is placed. Delivery times commence from the date of shipping, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order. We will use reasonable commercial efforts to fulfill all orders on the same day every three months.. Please note we ship only on business days and do not ship on weekends or holidays. Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered.SHIPPING COSTS
To find out how much your order will cost, simply add the item you would like to purchase to your cart, and proceed to the checkout page. Once at the checkout screen, shipping charges will be displayed. Shipping costs for orders shipped in the United States are a flat cost. Orders shipped outside the United States are based on the weight of the season’s box and your shipping address. Additional shipping charges may apply to remote areas. You will be advised of any such charges on the checkout page.TAXES
Orders being shipped in the United States: Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
Orders being shipped outside the United States: Your initial price will include the price of the product plus shipping. International customers are then required to pay any relevant duties, customs, or taxes associated with their country upon delivery of their box.RETURN POLICY/REFUNDS
If you receive a defective item, please contact us no later than thirty days from your receipt of the defective item at firstname.lastname@example.org with details and photos of the defect as well as any other relevant information and we will make best efforts to determine a workable solution. We do not accept returns or exchanges unless the item purchased is proven by the customer to be defective.
If it is necessary for the product to be returned, upon receipt of the returned product we will fully examine the product and notify the customer via e-mail, within a reasonable period of time, whether the customer is entitled to a refund or a replacement as a result of the defect. If the customer is entitled to a replacement or refund, we will either replace the product or refund the purchase price using the original method of payment. Whether we replace or refund the item will be at our sole discretion.
Refunds do not include any shipping and handling charges shown on the packaging slip or invoice. Shipping charges for all returns must be prepaid and insured by the customer. Responsible for any loss or damage to items during return shipment as well as ensuring that we receive the returned product is solely that of the customerRisk of Loss
Any merchandise purchased from our site will be shipped by a third party carrier. Therefore, all risk of loss and title for the merchandise is passed on to you as soon as we deliver the merchandise to a third party carrier of our choosing. Any and all missing or damaged goods must be reported within 30 days of shipping in order to qualify for a replacement, always subject to product availability. Any and all refunds will be at the discretion of customer service.User Generated Content
By sharing, submitting and uploading any of your data (including but not limited to photographs, images, video, music, art, or comments) to Cubscription by Build-A-Bear website, Cubscription by Build-A-Bear social media channels (including, without limitation, Twitter (including # and @comments incorporating Cubscription by Build-A-Bear, Facebook and Instagram) and pages dedicated to Cubscription by Build-A-Bear in discussion forums (e.g., Reddit), you grant Cubscription by Build-A-Bear a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of Cubscription by Build-A-Bear. You acknowledge and agree that you are solely responsible for all the user data that you make available through such means. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Cubscription by Build-A-Bear the required rights to disseminate any user data, and (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or Cubscription by Build-A-Bear use of your uploaded data (or any portion thereof) on, through or by the means of Cubscription by Build-A-Bear will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.QUESTIONS
If you have any questions about the delivery and shipment or your order, please contact us at email@example.com
TERMS OF SERVICEINTRODUCTION
This website is operated by CultureFly. The terms “we”, “us”, and “our” refer to CultureFly. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms & Conditions. If you do not agree to the Terms & Conditions, you are not authorized to access our website, use any of our website’s services or place an order on our website.USE OF OUR WEBSITE
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract. You agree to not use our website to conduct any activity that would constitute a civil or criminal offense or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Terms & Conditions.GENERAL CONDITIONS
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website. All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in United States dollars (USD). We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities. We do not guarantee the accuracy of the color or design of the products on our website. We have made efforts to ensure the color and design of our products are displayed as accurately as possible on our website, but you acknowledge that the actual delivered product may vary from it as displayed on our website.SUBSCRIPTION CONTRACT
The Subscription Contract is between You And Us.
By purchasing a Quarterly Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods and your payment method will automatically be charged for each successive quarterly period at the then-current subscription rate. To cancel your Subscription anytime, you must log on to your account and follow the cancellation procedures. If you cancel, you may use your subscription until the end of your then-current subscription term. If you’d like to cancel your next Cubscription by Build-A-Bear, you must do so on or before the commencement of the next subscription cycle the first month of the subscription cycle. The subscription cycles begin on the 15th day of calendar quarters meaning January 15, April 15, July 15 and October 15 so that for a cancellation to be effective it must be made before the start of the given subscription cycle. (Cubscription by Build-A-Bear may submit periodic charges (e.g., quarterly) without further authorization from you, until you provide the required notice terminating your subscription and this authorization or wish to change your payment method. Such notice will not affect charges submitted before the Cubscription by Build-A-Bear reasonably could act. Company may terminate agreement at any time provided Customer receives refund for any product paid for but not delivered.
By purchasing an Annual Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive annual periods and your payment method will automatically be charged for each successive annual period at the then-current subscription rate. To cancel your Subscription anytime, you must log on to your account and follow the cancellation procedures. If you cancel, you may use your subscription until the end of your then-current subscription term. If you’d like to cancel your next Cubscription by Build-A-Bear annual subscription, you must do so on or before the commencement of the next subscription cycle the first month of the subscription cycle. If you cancel before the annual cycle is done, you will still get the rest of those boxes your subscription included for that term. Cancellation means that you will not be automatically renewed for the next annual subscription term.
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.USE COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content. You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party. We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.YOUR PERSONAL INFORMATION
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify or clarify information on our website, except as required by law.DISCLAIMER AND LIMITATION OF LIABILITY
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. You agree to look to the manufacturer for enforcement of any warranties or merchantability or for damages in connection with defective products. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.INDEMNIFICATION
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.ENTIRE AGREEMENT
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.WAIVER
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.HEADINGS
Any headings and titles herein are for convenience only.SEVERABILITY
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.GOVERNING LAW
BLACK FRIDAY/CYBER MONDAY PROMOTION
The Black Friday/Cyber Monday promotion is only valid for new subscriptions who enter the code BFCM20 at checkout. New subscribers will receive an additional box at no extra cost with their purchase of a new subscription that will consist of a mystery box from the vault. No replacement or exchanges are given for the mystery box from the vault. Sizes cannot be guaranteed.
The free box is shipped separately and may not arrive at the same time as the current subscription box. Offer valid 11/27/2020-11/30/2020 11:59 ET. While supplies last. Open to U.S. residents only.
QUESTIONS OR CONCERNS
Please send all questions, comments and feedback to us here.