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Terms & Conditions

Mobile Terms & Conditions

Outback Toys offers its customers mobile alerts regarding sale promotions, event information, product announcements, cart reminders, back in stock alerts, price drop alerts, and low inventory alerts by SMS message (the "Service") on 1-833-945-5772. By participating in the Service, you are agreeing to these Terms and to the Outback Toys Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Outback Toys reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you: 

  1. Authorize Outback Toys to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). 
  2. Acknowledge that you do not have to agree to receive messages as a condition of purchase. 
  3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. 
  4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please email us at mail@outbacktoystore.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service on 1-833-945-5772, your message frequency may vary. You may receive alerts about:

  1. Sale promotions
  2. Event information
  3. Product announcements
  4. Cart reminders
  5. Back in stock alerts
  6. Price drop alerts
  7. Low inventory alerts

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Outback Toys may add or remove any wireless carrier from the Service at any time without notice. Outback Toys and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Outback Toys, text the word STOP to 1-833-945-5772 any time or reply STOP to any of the text messages you have received from Outback Toys. This is the exclusive method for opting out. After texting STOP to 1-833-945-5772, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time to 1-833-945-5772. This will provide you with our mail@outbacktoystore.com email address. You can also contact us by phone call at 1-888-414-4705 or by mail at Outback Toys, 555 Furnace Hills Pike, STE 5A, Lititz, PA 17543.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Outback Toys LLC hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND OUTBACK TOYS LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND OUTBACK TOYS LLC AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Outback Toys LLC are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Outback Toys LLC, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Website Auction Terms and Conditions

Thank you for participating in Outback Toys' online auctions! By registering and placing bids, you agree to comply with these Terms and Conditions, which govern your participation in our auctions. Outback Toys reserves the right to amend these Terms and Conditions at any time.

1. Eligibility to Participate

  • You must be at least 18 years old to participate in our auctions.
  • By participating, you confirm that all information provided is accurate and that you have the legal authority to enter these Terms and Conditions.

2. Registration Requirements

  • All participants must create an account on the Outback Toys website to bid in auctions. You are responsible for maintaining the confidentiality of your account information.
  • Outback Toys reserves the right to verify identities and disqualify participants who provide false information.

3. Bidding Process

  • Bids can only be placed through the Outback Toys website.
  • All bids are final and cannot be withdrawn or canceled. You are responsible for all bids placed through your account.
  • Outback Toys reserves the right to reject or remove any bid at our discretion without prior notice.

4. Winning Bids and Payment

  • The highest bid at the auction's closing time will be the winning bid, provided it meets any reserve price set for the item.
  • Winning bidders will receive a confirmation email and must complete payment within 48 hours of auction close. Failure to pay within this time may result in forfeiture of the item and a ban from future auctions.
  • Accepted payment methods (see footer of outbacktoys.com).

5. Reserve Prices and Buyout Options

  • Certain items may have a reserve price, meaning the item will not be sold if bidding does not meet the minimum amount set.
  • Outback Toys may also offer a “Buy Now” option for certain items. If selected, this option allows you to purchase the item immediately at a fixed price, ending the auction.

6. Shipping and Pickup

  • Outback Toys offers shipping within Internationally. Shipping costs are the responsibility of the winning bidder and will be calculated based on location and package size.
  • Local pickup may be available for certain items at our Lititz, PA store.

7. No Returns or Refunds

  • All auction sales are final. Outback Toys does not accept returns or provide refunds for auction items, except in cases where the item received is significantly different from the description provided.

8. Dispute Resolution

  • If you encounter an issue with an item you have won, contact Outback Toys within 7 days of receiving the item to report the issue. We will work with you to resolve the matter promptly.
  • Outback Toys reserves the right to make final determinations regarding disputes, including offering partial or full refunds or alternative resolutions where deemed appropriate.

9. Privacy Policy

  • By participating in the auction, you agree to the collection and use of your personal information as outlined in our Privacy Policy. Outback Toys is committed to protecting your privacy and will not share your information with third parties without your consent, except as required by law.

10. Limitation of Liability

  • Outback Toys is not liable for any damages, losses, or claims arising from participation in our auctions, including but not limited to errors in listings, bids, or processing of winning bids.
  • Outback Toys reserves the right to cancel, delay, or suspend any auction in its sole discretion without liability to participants.

11. Governing Law

  • These Terms and Conditions are governed by the laws of Pennsylvania, United States of America. By participating in our auctions, you agree to submit to the exclusive jurisdiction of the courts located in Pennsylvania, United States of America for resolution of any disputes.

12. Acceptance of Terms

  • By registering, placing bids, or purchasing items through our auctions, you accept and agree to these Terms and Conditions. If you do not agree, please refrain from participating in our auctions.

For any questions or additional information, please contact us at sales@outbacktoys.com.