top of page

Terms of Use

Welcome to theotherbirdz (Quinzy Toys LLC)! The Terms of Use were updated on 3/1/2022.

PLEASE READ THE TERMS CAREFULLY.

  • These are the terms of use that will guide you (Hereafter referred as Subscriber, Member, user, you) and the usage of www.theotherbirdz.com.

  • By using, subscribing or just browsing the website, you agree, understand and are legally bound by the terms and conditions of use.

  • You must be 18 years or older to subscribe to this website.

  • Failure to comply with the terms and conditions of theotherbirdz may lead to civil and criminal penalties.

  • theotherbirdz reserves the right and discretion to change the terms of use anytime.

  • It will be the responsibility of the user/subscriber/member to check from time to time if any changes to terms of use and privacy have been made.

Services and Pricing Description

theotherbirdz is an online toy store with subscription services. Subscribers receive toys based on the curriculum plan they choose and the age of their child (age range as described in the subscription page). Based on the age group and the average value of the shipment, we will ship one or two toy in each shipment. 

Subscriptions will remain active and will be billed monthly until a formal cancellation request from customer is submitted through the member’s online account.

Delivery of the package

theotherbirdz uses reliable third party shipping services such as UPS or USPS as shipping partner. These shipping partners commit to a delivery time between 5-12 days. theotherbirdz is not responsible for delays in shipping, nor do we guarantee delivery of the toys. It is the responsibility of the customer to receive their box of toys when it is delivered.

For theotherbirdz shop, regular shipping fee is $5.99 while any order more than $35 will have free shipping.

 

For subscription service, free shipping is provided.

Distribution and Allocation of toys

theotherbirdz reserves the right and sole discretion to determine the allocation and shipment of toys among our subscribers. As a business practice, we may not send the subscriber top toy choices. We reserve the right and sole discretion to determine the degree of staffing, site of warehouse or distribution center and the number of delivery packages processed at each or any distribution center.

Subscription Cancellation Policy

Should you decide to cancel the theotherbirdz subscription, the membership cancellation option is available on your dashboard under “My Subscription” tab. theotherbirdz member may cancel their subscription at any time. The membership has to be cancelled at least 10 days prior to the next billing cycle to avoid charges for the subsequent month.

Each billing cycle begins on the day the subscriber registers with theotherbirdz Toys. The Subscriber will be charged on the same day as the registration date every month. theotherbirdz will not prorate or provide any refund for partial monthly subscription or for the toys that are not played with or for any gift subscriptions.
theotherbirdz reserves the right to terminate the subscriber account for any or no reason. 

Billing

By signing up/subscribing with theotherbirdz, the member is agreeing to be charged a monthly subscription fee with applicable tax and any other charges pertaining to the subscription with theotherbirdz.

“Billing” shall indicate either a charge or debit, as applicable, against the Subscriber Payment Method, where applicable.

The price of the services and/or goods is payable in full before goods are delivered, and you will automatically be charged each month for your ongoing subscription. If you have committed to a subscription period lasting longer than one month, you will automatically be charged for the full cost of that subscription on the day that you subscribe.

Unless you cancel your subscription or membership prior to the end of your current subscription period, at the end of that period your subscription will automatically be renewed for an additional subscription period of the same amount of time. 

If your payment method reaches its expiration date and you do not edit your credit card information and you have an ongoing subscription, you authorize us to continue billing the credit card on file. This includes extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment information or cancel your membership should you wish to discontinue your monthly purchase.

Return & Exchange

theotherbirdz does not accept returns of its monthly Subscription packages or store Products if you change your mind. However, if a Subscription package or Product you received was damaged or incomplete, please email theotherbirdz Customer Care Team at support@theotherbirdz.com for resolution. Resolution may include shipment of a replacement Subscription package or Product, an extension of your Subscription or similar corrective actions. To the extent permitted by law, theotherbirdz may, in its sole discretion, choose which resolution method to use.
 

Gift cards

The gift card purchase made on theotherbirdz are non-refundable and redeemable only on theotherbirdz website. The gift card purchase will be emailed to the purchaser/giver or/and to the receiver, as specified by the purchaser. The gift card will be emailed in form of a gift code. We will bill your chosen Payment Method for any purchased Gift cards.

IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU DO NOT SHARE YOUR USERNAME AND PASSWORD WITH ANYONE.

We will use your username and password to identify your account when you return to our Website. If you forget your username or password you may not be able to access your account and/or certain portions of the Website. You are responsible for maintaining the confidentiality of your username and password, and for all activities that occur on your account or using the Website when a user is logged into the Website under your username and password. You agree to: (i) immediately notify theotherbirdz of any unauthorized use of your account, your username and password, or any other breach of security; and (ii) ensure that you log out of the Website at the end of each session. theotherbirdz will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or be required to change your password from time to time. Your username and password combination may only be used by you and is not transferable to other users.

We reserve the right to restrict, suspend, or terminate access to the Website for any username and password combination because of inactivity under that account, fraudulent activity under that account, or any other reason we deem appropriate in our sole discretion. If you have any questions about your access to the Website, please contact us at support@theotherbirdz.com

Disclaimer and Limitation of Liability

Use of theotherbirdz services, website and use of products offered by the services are at your own risk. theotherbirdz shall not be liable for any loss, punitive, incidental or consequential damages or any claim against theotherbirdz by any other party. In no event will we or our affiliates be liable for any indirect, incidental, consequential or special damages in connection with these terms, the service, the site, or the products, whether or not such damages were foreseeable and even if we were advised that such damages were likely or possible.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall theotherbirdz be liable for any amount in excess of the Subscribership fees paid by the Subscriber.

Indemnification

Subscriber agrees to indemnify and hold harmless theotherbirdz, its officers, directors, shareholders, and agents, from any damage suffered directly or indirectly as a result of your use of its service. Subscriber agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit and action or proceeding attributable to any such claim. theotherbirdz cannot and will not act as a mediator or arbitrator between Subscribers in any dispute arising from the use of the Service.

Right to Assign

theotherbirdz may assign its rights to this Agreement without the Subscriber's' consent. If theotherbirdz assigns its rights, is sold to another entity, or enters into an agreement with another company to share information, theotherbirdz or its successor will give notice to the Subscriber who may opt out by terminating his or her Subscribership.

Update to terms

theotherbirdz reserves the right to revise or reissue terms and conditions of service. You consent to, understand and agree to these terms and conditions posted on www.theotherbirdz.com by theotherbirdz (Quinzy Toys LLC). It will be the responsibility of the user/subscriber/member to check from time to time if any changes to terms of use and privacy have been made. Your continued use of the Service will be deemed as irrevocable acceptance of any revisions.

Entire Agreement

You acknowledge that you have read, understood and agree to the terms and conditions of use. You also agree that this is the complete and exclusive statement between us which supersedes any prior oral or written agreement and any other communication between us relating to the subject matter of this agreement.

bottom of page