Terms of use

Welcome to Green Piñata Toy Share! (Hereafter referred to as Green Piñata, Green Piñata LLC, we, our or us)

PLEASE READ THE TERMS CAREFULLY.

• These are the terms of use that will govern you (Hereafter referred as Subscriber, Member, user, you) and the usage of www.greenpinatatoys.com and Green Piñata LLC.
• By using, subscribing or just browsing the website, you agree, understand and are legally bound by the terms and conditions of use.
• If you do not agree with the terms and conditions of use, we are unwilling to grant you access to our website.
• Failure to comply with the terms and conditions of Green Piñata may lead to civil and criminal penalties.
• You must be 18 years or older to subscribe to this website.
• Green Piñata 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

Green Piñata is an online toy rental subscription service. Subscribers receive toys based on the age of their child (age range as described in the website) and curriculum designed by child education experts. Based on the age group and the average value of the shipment, we will ship up to 5 toys in each shipment. We offer a monthly subscription for $24.99/month. 

Upon expiration of any coupon or offer for a limited time membership with Green Piñata, the Member's credit card will be automatically billed for any additional membership period thereafter. A Member needs to cancel the membership and return the last rented toys to avoid their credit card from being charged at the end of coupon or offer for a limited time membership.

Your registration obligations

In order to avail the toy rental service with Green Piñata, you must register with Green Piñata. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Your personal information is governed by our Privacy Policy.

Delivery of the package

Green Piñata uses reliable third party shipping services such as UPS or USPS as shipping partner. These shipping partners commit to a delivery time between 5-7 days. Green Piñata is not responsible for delays in shipping, nor do we guarantee delivery of the toys. The subscriber will be provided with a tracking number, as soon as the subscription box is shipped. It is the responsibility of the customer to receive their box of toys when it is delivered.

Distribution and Allocation of Rental toys

Green Piñata reserves the right and sole discretion to buy any brand, type or quantity of toys. We also reserve the right and absolute 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 or the toys selected by the member. 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.

Sanitization

The health and safety of your little ones are our utmost priority! Our cleaning and sanitization process is thorough and we follow national standards to ensure that each toy we deliver is germ free. We consistently use non-toxic, environmentally friendly cleaners and packaging.

Subscription Cancellation Policy

Should you decide to cancel the Green Piñata subscription, the membership cancellation option is available on your dashboard under “Account Settings” tab. Green Piñata 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 Green Piñata Toy Share. The Subscriber will be charged on the same day as the registration date every month. Green Piñata 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.
Once the cancellation confirmation email is sent to the subscriber, the subscriber will be given ten days to return the Green Piñata toys they are currently holding. If the subscriber fails to return the Green Piñata toys within 10 days of cancellation, the subscriber will be charged for the subsequent months until the toys are returned. Reminder emails will be sent every month to return the toys. Failure to return the toys after 4 months will result in charging full retail price of the toys and termination of the account.
Green Piñata reserves the right to terminate the subscriber account for any or no reason. 
In the event where the subscriber’s credit card information/ billing information is invalid, the subscriber will be given a period of 10 days to update their billing information. In an event of failure to update their credit card information with the stipulated period of 10 days along with failure to return the toys, Green Piñata LLC reserves the right to report the customer to Credit Reporting Agency at the end of the current billing cycle.

Billing

By signing up/subscribing with Green Piñata, the member is agreeing to be charged a monthly subscription fee with applicable tax and any other charges pertaining to the subscription with Green Piñata.
There will be additional charges in case of missing pieces/toys, broken toys and/or purchase of previously used toys or in case of changes in the subscription plan as requested by the member.
“Billing” shall indicate either a charge or debit, as applicable, against the Subscriber Payment Method, including a checking account, where applicable.
The subscription fee will be charged every month on the same day as the registration date with Green Piñata Toy Share. There will be automatic monthly renewal/charge unless the member chooses to terminate the subscription.
In case of change in charges in monthly subscription, the member will be notified in advance via email.
In case of changes in the member’s credit card billing information, the member will be able to make changes in the billing information on customer dashboard under “Account Settings” tab. If the Subscriber’s Payment Method reaches its expiration date, the Subscriber’s continued use of the service constitutes the Subscriber's authorization for us to continue billing that Payment Method and the Subscriber will remain responsible for any uncollected amounts.
In the event where the subscriber’s credit card information/ billing information is invalid, the subscriber will be given a period of 10 days to update their billing information. In an event of failure to update their credit card information with the stipulated period of 10 days along with failure to return the toys, Green Piñata LLC reserves the right to report the customer to Credit Reporting Agency at the end of the current billing cycle.

Buying toys

Members may be able to purchase toys at a discounted price. To make a purchase please email at contact@greenpinatatoys.com. The toy purchase amount will be charged to the existing member billing account.

Damaged toys or Missing toys parts

In the event that, a broken toy/s is received in the package, the Member will contact Green Piñata within 72 hours of receipt to report the damage. Failure to report, will result in the charging the member the purchase cost of the toy/s.
If the damage is too tiny and lets us continue to rent the toy, we won’t charge you. However if the damage is significant or if the toy is lost, we will charge a nominal fee for replacing the toy. The cost is based on the individual toy’s purchase value.

Code of Conduct

The user has the authority to enter this agreement.
The user will use and treat the rented toys with respect as if they are own toys.
If the toy/s are broken, damaged or if a piece or part or an entire toy/s is missing or lost, the user will notify Green Piñata about the same.
The user will return the toys in a sanitary condition.
The user will not engage in any behavior or conduct that will lead to Green Piñata subject to any criminal or civil penalties.

Gift cards

The gift card purchase made on Green Piñata are non-refundable and redeemable only on Green Piñata 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.

Damaged/Lost Boxes and Shipping Labels

In the event that a Green Piñata return box is lost or damaged, toys to be returned can be returned in any box. Green Piñata will not be responsible for sending another box. In case of lost or damaged label, member will contact Green Piñata for a new label, which will be sent via email.

Intellectual Property

All content included in or made available through Green Piñata, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Green Piñata or its content suppliers and protected by United States and international copyright laws. Green Piñata is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual elements making up the site are also copyrighted works. Subscriber agrees to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the site. Copying any content from this site to any other site or selling, distributing, or publishing that content in any way is prohibited. Failure to comply with this paragraph shall subject the user to severe penalties and Subscriber shall indemnify and hold Green Piñata harmless from and against any and all costs and damages incurred by Green Piñata as a result of such violation. Any photos or descriptions submitted on the website become the property of Green Piñata and Subscriber assigns to us, with full title guarantee, all copyright with respect to any information and photographs that may be used for promotional or other purposes.

Disclaimer and Limitation of Liability

Use of Green Piñata services, website and use of products offered by the services are at your own risk. Green Piñata shall not be liable for any loss, punitive, incidental or consequential damages or any claim against Green Piñata 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 Green Piñata be liable for any amount in excess of the Subscribership fees paid by the Subscriber.

Indemnification

Subscriber agrees to indemnify and hold harmless Green Piñata, 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. Green Piñata 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

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

Update to terms

Green Piñata 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.greenpinatatoys.com by Green Pinata, 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 condition 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.