Terms of service

OVERVIEW

Welcome to The Squishy Planet! The terms “we,” “us,” and “our” refer to The Squishy Planet. The Squishy Planet operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). The Squishy Planet is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make every reasonable effort to accurately represent the products offered in our online store. However, colors and product appearance may differ from what appears on your screen because of device type, screen settings, manufacturing variations, or differences between individual products.

We do not guarantee that the appearance of a product will be identical to photographs or other representations shown in our online store.

Product descriptions may be updated or changed without notice. We reserve the right to discontinue products and may limit the quantities of products offered to any person, geographic region, or jurisdiction.

Product availability is not guaranteed. If an item becomes unavailable after an order is placed, we may cancel and refund the affected item.

Squishy, Sensory & Novelty Products

Squishy, sensory, stress, and novelty products can become damaged or wear down with use. These products are not indestructible, and their lifespan may vary depending on the product and how it is handled.

Unless a product is specifically designed and labeled for such use, products should not be bitten, chewed, ingested, intentionally punctured, cut, or subjected to excessive force.

Always follow any age recommendations, warnings, instructions, and safety information provided with a product. Adult supervision should be provided when appropriate.

Discontinue use immediately if a product becomes torn, punctured, damaged, or if its internal contents become exposed.

Damage resulting from normal wear and tear, punctures, fingernails, biting or chewing, excessive force, improper storage, or use inconsistent with product instructions is not considered an arrival defect.

Mystery Products, Planet Smash & Planet Splash

Planet Smash, Planet Splash, mystery boxes, mystery bags, and other mystery or surprise products are designed around the experience of receiving randomly selected or unknown products.

Specific products, colors, styles, designs, or variations are not guaranteed unless specifically stated in the applicable product listing.

By purchasing a mystery product or participating in a Planet Smash or Planet Splash experience, you understand that you may receive products you would not have personally selected.

Mystery and surprise purchases are final sale in accordance with our Returns & Refunds Policy. Receiving a particular product, design, color, style, or variation that you do not prefer does not qualify the purchase for a return, exchange, or refund.

Final-sale status does not affect claims involving products that arrive damaged or defective or orders containing incorrect or missing items.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. The Squishy Planet reserves the right to accept or decline an order. Your order is not accepted until The Squishy Planet confirms acceptance, and payment must be received and processed before an order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted or entered processing.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing information, and/or phone number provided with the order.

Purchases are subject to our Returns & Refunds Policy.

You represent that purchases made through our retail store are for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect when the order is placed and will appear in your order confirmation. Unless otherwise stated, posted prices do not include applicable taxes, shipping, handling, customs, or import charges.

We may periodically offer promotions subject to additional terms. If promotional terms conflict with these Terms with respect to that promotion, the promotional terms will apply.

You agree to provide current, complete, and accurate purchase, payment, and account information.

You represent that payment information you provide is accurate and that you are authorized to use the applicable payment method.

SECTION 5 — SHIPPING AND DELIVERY

All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, or other events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address at checkout. Please contact us as soon as possible if you notice an error. We cannot guarantee that shipping information can be changed after an order has entered processing or shipped.

Additional shipping terms may be provided in our Shipping Policy.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including trademarks, branding, text, displays, original images, graphics, video, audio, and the design, selection, and arrangement thereof, are owned by The Squishy Planet, its affiliates, licensors, or applicable rights holders and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, republish, commercially exploit, or transmit materials owned by The Squishy Planet without prior written permission except where otherwise permitted by law.

The Squishy Planet name, logos, original designs, and slogans may not be used without permission.

Third-party trademarks, characters, brands, product names, logos, images, and other intellectual property appearing on products or within our Services remain the property of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided access to tools offered by third parties as part of the Services that we do not control.

Such tools may be provided “as is” and “as available.” Your use of third-party tools may also be subject to the applicable provider’s terms and policies.

We may offer new features, tools, or resources in the future. Such features will also be considered part of the Services and subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain materials, functionality, or links provided or operated by third parties.

We are not responsible for evaluating or guaranteeing the accuracy or content of independent third-party websites.

If you access a third-party website or purchase products or services from a third party, please review that party’s terms, policies, and practices. Questions or claims regarding third-party products or services should be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

The Squishy Planet is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with The Squishy Planet. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Squishy Planet, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Squishy Planet.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy. Certain personal information may also be processed by Shopify in connection with hosting and providing our online store.

Because the Services are hosted by Shopify, information submitted through the Services may be transmitted to and processed by Shopify and other service providers as necessary to operate our store, process transactions, fulfill orders, prevent fraud, and provide related services.

Please review our Privacy Policy for additional information regarding how personal information is collected, used, and handled.

SECTION 11 — FEEDBACK

If you submit reviews, suggestions, ideas, photographs, comments, or other feedback to us, you represent that you have the right to provide that content.

You agree that your feedback will not violate another person’s copyright, trademark, privacy, or other rights and will not contain unlawful, abusive, defamatory, obscene, or malicious material.

We may use feedback you voluntarily submit to operate, improve, or promote our Services to the extent permitted by applicable law.

We reserve the right to remove content that violates these Terms or applicable law.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update information when appropriate.

If an error materially affects an order that has already been submitted, we may correct the affected information, contact you, or cancel and refund the affected item or order as appropriate.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to engage in unlawful or fraudulent activity; violate applicable laws; infringe intellectual property rights; transmit malicious software; provide intentionally false or misleading information; impersonate another person; collect personal information about others without authorization; interfere with the security or operation of the Services; or access or scrape the Services through unauthorized automated means.

We reserve the right to restrict or terminate access to the Services when we reasonably determine these Terms have been violated.

SECTION 14 — AGENTS

If software or an automated or semi-automated service accesses or interacts with the Services on behalf of a person or entity, such access must comply with our technical restrictions and applicable laws.

Automated systems may not circumvent CAPTCHAs, access controls, security measures, rate limits, robot exclusions, or other measures intended to restrict automated access.

We reserve the right to restrict automated access to the Services.

SECTION 15 — TERMINATION

We may suspend or terminate access to the Services when reasonably necessary because of fraud, unlawful activity, misuse of the Services, security concerns, or material violation of these Terms.

You may discontinue your use of the Services at any time.

Provisions that by their nature should survive termination, including provisions concerning intellectual property, liability, indemnification, and governing law, will remain in effect.

SECTION 16 — DISCLAIMER OF WARRANTIES

Except as expressly provided by The Squishy Planet or required by applicable law, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that access to our website will always be uninterrupted, timely, secure, or error-free.

To the fullest extent permitted by applicable law, we disclaim warranties that may legally be disclaimed. Nothing in these Terms is intended to disclaim or limit warranties, rights, or remedies that cannot lawfully be excluded.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, The Squishy Planet LLC and its affiliates, employees, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, special, punitive, consequential, or similar damages arising from your use of the Services.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless The Squishy Planet LLC, Shopify, and their applicable affiliates, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, or reasonable expenses arising from your material violation of these Terms, violation of applicable law, or infringement of another party’s rights.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or severed as necessary.

The validity and enforceability of the remaining provisions will not be affected.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and the policies or operating rules referenced or posted on our website constitute the agreement between you and The Squishy Planet concerning your use of the Services and supersede prior agreements or communications concerning the same subject matter.

SECTION 21 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms as permitted by applicable law.

SECTION 22 — GOVERNING LAW

These Terms of Service and your use of the Services are governed by the laws applicable in the jurisdiction where The Squishy Planet LLC is headquartered.

SECTION 23 — HEADINGS

Section headings are provided for convenience and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 — CHANGES TO TERMS OF SERVICE

The most current version of these Terms of Service will be available on this page.

We may update these Terms periodically to reflect changes to our Services, business practices, products, or legal requirements.

Material changes will be communicated when required by applicable law. Continued use of the Services after updated Terms become effective constitutes acceptance of those changes to the extent permitted by law.