You must be over the age of 18 to order Surfer Dudes® or related merchandise. If you order online, we will collect your name, your email address, your contact number(s), your shipping and billing address, and your credit card information.
This information is used to fulfill your order. TOYosity will not sell or distribute your personal information to a third party other than as needed to effectuate a sale to you. We request your contact number(s) in the event we need to reach you with a question about your order to ensure your satisfaction. We use your email address to send you an acknowledgment of your order. If you have requested we contact you with information about new product or special offers, we will send these to your email address. We will use your shipping and billing address, together with your credit card information, to fulfill your order. TOYosity does not store credit card information and you will need to re-enter your information on any subsequent orders you place.
Ordering and shipping policy
TOYosity ships primarily via the United States Post Office (USPS), using first class, priority and international mail. Dependent upon the quantity ordered, we may also ship using commercial carriers, such as FedEx Ground.
Surfer Dudes and related merchandise generally ship within 1-3 business days. We accept orders from the United States and certain limited foreign countries, including Brazil, France, Spain, and the United Kingdom, and will only ship to valid Post Office addresses. Delivery time after shipment is dependent upon service provided by the USPS for first class mail, priority and international mail services to your location from our location (our shipments are normally made from Central Florida in the USA), generally 1-5 business days in the contiguous United States and as long as 2-4 weeks internationally. When shipped via FedEx Ground, or otherwise impacted by USPS delivery times, shipments can take a week or longer to reach you after shipment.
Risk of loss
All items purchased from TOYosity are subject to a shipment contract with the risk of loss and title for all purchased items passing to the purchaser on our delivery to the shipping carrier. We generally do not charge your credit card for products ordered until your order has entered the shipping process.
TOYosity wants you to be satisfied with your purchase. If your purchase was from a retail store or online retailer other than TOYosity, please return your purchase by following the return policy of the retail store or online retailer from which you made your purchase. Items purchased from retail stores or online retailers other than TOYosity cannot be returned to TOYosity.
If you made your purchase online directly from TOYosity and must return your purchase, you must do so within one month from the date of your order. All returns must be unused and returned in resalable condition in their original packaging. If you cannot do this, please tell Customer Support when arranging your return so we can determine if your return request can be honored. To return a purchase, you must contact Customer Support at (855) 982-TOYS (8697) to obtain a return authorization during our regular business hours for Customer Support:
10 am to 5 pm, Eastern Time, Monday through Friday, excluding holidays
To return a new, unused, and unopened item, ship it prepaid to Returns Department, TOYosity LLC, 4157 Seaboard Road, Orlando, Florida 32808. To help us process your return, please make sure you include your return authorization number and a copy of your proof of purchase showing the date of your purchase, purchase method, and amount; along with your name, address, and phone number, and the reason, if any, you are returning the item.
If you are due a refund, we will process a refund to your credit card or original method of payment within three weeks after we have received and inspected your return. Kindly note that your credit card company may not post the credit to your account for an additional 2-10 business days, dependent upon their policies and practices. If we determine that your item does not qualify for a return under our policy, we will notify you by mailing you our explanation within the same three weeks.
TOYosity wants to help you. We look forward to assisting you with your inquiry. To reach us, you can send your email to CustomerSupport@TOYosity.com. We make every effort to reply to emails we receive in the order they are received by the next business day. If easier, you can reach us by phone by contacting Customer Support at (855) 982-TOYS (8697) during our regular business hours for Customer Support:
10 am to 5 pm, Eastern Time, Monday through Friday, excluding holidays
If you leave us a voice mail, we typically return voice mails within three business days. Please take care to leave a return phone number at which we can reach you when leaving a voice mail; if you would prefer we respond via email, please spell out the full email address so we can respond via email.
In using our website or sending emails to TOYosity, you are communicating electronically with us. In doing so, you are consenting to receive electronic communications from us. We may communicate via email or posting information or notices on our sites. By using our sites, you agree that all notices, disclosures, agreements, and other communications we provide you electronically satisfy any legal requirement that these communications be in writing.
All content we include or make available through our site, including text, logos, button icons, images, audio and video clips, graphics, downloads, data compilations, etc., is the exclusive property of TOYosity LLC, or our content suppliers, and is protected by United States and international copyright laws.
Surfer Dudes®, Toyosity®, the distinctive male and female Surfer Dudes figures, including their profiles, silhouettes, and hair dress, Surf Boomerang™, Satisfying Play Through Curiosity™, and Just Surf!™, are trademarks of TOYosity LLC. Furthermore, the logos, graphics, scripts, button icons, page headers, and service names made available through, or included on, our sites are the trademarks or trade dress of TOYosity in the United States and other countries. Our trademarks and trade dress may not be used (a) in connection with any product or service that is not owned, or properly licensed, by TOYosity, (b) in any manner likely to cause confusion among consumers or customers, or (c) in any manner disparaging or discrediting TOYosity or its products. All other trademarks TOYosity does not own that appear on our sites are the property of their respective owners, who may or may not be sponsored by, connected, or affiliated, with TOYosity.
The design and utility of the Surfer Dudes toy is protected by one or more patents owned by TOYosity, both in the United States and internationally in other countries.
License and access
Subject to your compliance with our Conditions of Use, TOYosity LLC grants you a limited, non-exclusive, non-transferable license, which may not be sublicensed, to access and make personal, non-commercial use of our site. TOYosity tries to be as accurate as possible in describing its products. However, we do not warrant that product descriptions or other content of TOYosity is accurate, complete, current, reliable, or error-free. If a product offered by TOYosity online is not as described, your sole remedy is to return it in its unused condition within one month—see our Returns Policy above.
This license does not include any resale, or other commercial use, of our site and our content, including, but not limited to, our product listings, prices, or descriptions; any downloading or copying of information for the benefit of another party; any derivative uses; or any use of data mining, robots, or similar data extraction, or gathering, tools. TOYosity and its licensors, vendors or suppliers, publishers, content providers, or other rights holders reserve and retain all rights we do not expressly grant to you in these Conditions of Use. You may not reproduce, copy, duplicate, sell or resell, visit, or otherwise exploit our site and its contents for any commercial purpose, or use “hidden text” or other “meta” tags that use the name, trademarks, or trade dress of TOYosity, or frame or use framing tools or techniques to enclose any proprietary information, including trademarks, logos, content, page layouts, forms, or images, of TOYosity, without our express advance written consent. You may only use our site and its services subject to the restrictions set forth in our Conditions of Use and then only as permitted by law. Any license granted by TOYosity will terminate automatically on your failure to fully comply with our Conditions of Use.
TOYosity does not sell products for purchase by children or allow children to upload information, videos, or images to our websites. We sell children’s products for purchase by adults and, if we enable uploading, we allow adults, on behalf of their children only, to upload information, videos, or images to our websites. If you are under the age of 18, you may only use the TOYosity websites with the direct involvement of a parent or guardian. TOYosity reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.
Disclaimer of warranties and limitation of liability
all information, products, services, materials and other content made available to you through, or included on, the websites of toyosity are, unless otherwise specified by toyosity in writing, provided by toyosity on an “as is” and “as available” basis. toyosity makes no representations or warranties of any kind, express or implied, as to the operation of toyosity websites, or the information, products, services, materials, or other content made available to you through, or included on the websites of toyosity, unless otherwise specified in writing. you expressly agree that your use of the toyosity websites is at your sole risk.
toyosity, to the full extent permitted by law, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. toyosity does not warrant that its websites, information, products, services, materials, or other content included on or made otherwise available to you, including electronic communications sent from toyosity, are free of viruses or other harmful components. toyosity will not be liable for any damages of any kind, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, arising from the use of the toyosity websites, or from any information, products, services, materials, and other content included on or made otherwise available to you through any toyosity website. some states place restrictions upon, or do not allow, limitations on implied warranties or certain damages. should these state laws apply to you, you may have additional rights and some or all of the above disclaimers, exclusions, or limitations may not apply to you.
Any claim or dispute relating in any way to your use of any TOYosity website, including surferdudes.com, or to any products or services sold or distributed by TOYosity, or through surferdudes.com or our other websites, will be resolved by binding arbitration, instead of court, except, if your claims qualify, you may assert claims in small claims court. The Federal Arbitration Act and federal arbitration law apply to this agreement. Arbitration must follow the terms of these Conditions of Use as a court would and does not have a judge or jury, and arbitration awards are limited as to their review by courts, although an arbitrator can award the same damages and relief as a court, including statutory damages and injunctive and declaratory relief, on an individual basis.
To start an arbitration proceeding, you must request arbitration by sending a letter that describes your claim and requests the claim be arbitrated to our registered agent, Michael Neukamm, GrayRobinson, 301 East Pine Street, Orlando, Florida 32801. Arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Supplementary Procedures for Consumer-Related Disputes. AAA rules are available at www.adr.org or you can call 1.800.778.7879. Filing, administration, and arbitrator fees are governed by AAA rules. You may elect to conduct the arbitration based on written submissions, by telephone, or in person in Orange County in the State of Florida or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings will not be conducted in a class, consolidated, or representative action, but only on an individual basis. If a claim proceeds in court instead of arbitration for any reason, we each waive any right to a jury trial. Also, we both agree that either of us may bring suit to enjoin infringement or other misuse of intellectual property rights.
By using any TOYosity website or product, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and TOYosity.
Site policies, modification, and severability