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How to Order from DurableToys.com; Terms and Conditions of Use

BBBOnLine Privacy Seal Ordering online is easy! What happens next? An automatic email acknowledges your order, then a personal review with emailed status. Online orders have a time stamp for priority over later orders. Read more details and intstructions below.

Detailed Online Secure Ordering Instructions from Needak, Inc.:

1. Read the terms below then decide which products that you want: you can refer to our info page or a descriptive web page (links at left).
2. Click on the gray "Order..." button on the bottom of the descriptive page. Or look below for the ordering list generators below that also go to the secure order system. You will get a list of products with a column on the left that may be checked off with your mouse or keyboard. When satisfied with your order selections, click the "Place Order" button.
3. On the form, provide complete contact info, shipping address, and specify the payment method. Then when done click the "Continue to order summary" button. The order will be displayed. When reviewed, click "Submit order". You will get a machine generated email confirming the process completion, then another email after human review, and sometimes a third with the shipper's tracking number if available.

Order using Fax Form, Mail or Telephone

Even though most of our orders are fully online, we have more ways to order. Please read the terms below. At any of the online BUY - QUOTE Order/Status/Total system checklists you can press "Preview Only" and follow directions (disclosing only destination state) to make a faxable or mailable form with product selections. Complete billing and shipping arrangements then facsimile or mail using the informatin below. Or order by the telephone number below during phone hours.

Note: Don't use email for your credit card number, use our secure online order page instead. Online ordering information is handled securely per BBBOnLine standards.

Order/Status/Total Selection Checklists With Shipping Status:

Custom Keyword Search/Order/Status/Preview List
Brand: Categories: OR
Enter up to two additional descriptive key words to narrow your search:
 AND also with      
Suggested search keywords are short non-case sensitive partial or full words or digits for: colors, materials, dimensions, common names, adjective, part or USA. Repeat.
SecureLOOK software protects all DurableToys.com secure ordering pages, click the verifiable logo. BBBOnLine Privacy Seal

General Delivery Estimates.

We estimate both the days to ship within our online order system and the travel time below to help with your decision making. The top six excuses for delivery dissapointments are: (6) An item may ship from another source further from your destination, (5) very rural residential adresses may take a day longer, (4) orders may be too late to ship the same day, (3) manufactures don't generally "drop" ship as quickly as we ship from here, (2) Saturdays and Sundays don't count as shipping days, (1) shippers and staff at warehouses have off days adjacent to major holidays and shippers even suspend delivery guarantees before Christmas. We work very hard to make your purchase punctual through realistic estimates and prompt order processing prior to delivery. Then we turn over your purchase to a trusted third party to get it there. Refer to the enlargable Enlarge: UPS estimated ship days from 27215 map showing the estimated UPS ground travel days from Burlington, NC as provided by UPS. It is similar for other carriers. If we have your email address prior to shipping from here we can have UPS generate an email with your tracking number automatically, or forward an email if available from another shipper. "Expected Ship Out" on the online order checklist means time to ship from its source, not including the travel time estimates. It is usually the same day for "In Stock", "Low Stock" or special category if ordered before noon on a business day. Your online automatic reply email and human confirmed email will both state your order's details.

The world of data, email and uploads collides with the physical reality in the endgame- order fulfillment. Only a small percentage of our shipments are too late or need to Four relatives by the tree, Christmas morning, 1954. have a part or replacement sent for one of many possible reasons. We realize that your desired item is 100% of itself regardless of the fault of disappointment. As many as four parties must coordinate to make your purchase happen, only two of which actually transact for the sale. Generally, larger items are either shipped by big truck or by UPS from a warehouse. Neither combination of source and shipper is as prompt as smaller items shipped UPS or USPS from our warehouse, which is same day shipping if early enough. We can't (or won't - see privacy policy) anticpate and prompt you to order sooner with a little margin to cover any exception conditions. Be proactive and build in some margin by ordering ahead by a few days, more for semi-custom wagons or unusual shipping challenges. Sometimes high expedited shipping costs associated with good, heavy products traveling long distances can be saved where standard shipping would have been sufficient just by being 48 hours earlier.

UPS Thanksgiving, Christmas and New Year's 2008 Service Schedule


Summary of estimated ship days map if shipped from Burlington, NC: 1 day: NC, SC, ne TN, s VA. 2 days: s MD, lower MI, OH, PA, WV, NJ, se NY, CT, IL, IN, KY, upper MI, cw TN, se WI, e MO, AR, MS, AL, GA, cnw LA, FL. 3 days: New England, most of NY, TX-, OK, KS, e NE, w MO, IA, cnw WI, all but nw MN. 4 days: extreme w TX, NM, AZ, ec CO, se corner WY, w NE, ND, SD, nw MN. 5 days: west of 4 day area with two exceptions: 6 days: CA desert along NV, s OR. More detailed and accurate info is by zip code at www.ups.com. Most smaller boxed and lower valued items ship from 27215. If the status lists "x days", then it ships from a manufacturer, here are source (or close) zip codes. Berlin: 44610, Valley Road (&Speedway): 17566, Kettler 23456, Schoenhut: 32084, RCErtl and Scale Models: 52040, RadioFlyer: 60607

Delivery, Combination Discount - Online BUY - QUOTE System

Our products are the best examples of the physical world, but their transport is too widely variable for a "flat rate" to be fair across the land. Many of the items that we sell have a value many times their cost of shipping while other items do not. Some items are too big for UPS delivery and thus travel by big truck while the smallest items are also relatively costly to mail compared to the value.

Many item offerings have included base service ground shipping and handling (S/H) within 48 coniguous states and DC and are described simply as "Delivered." . These are items which typically don't cost a lot to ship alone relative to their price even to the furthest destinations. Some items which are bulky, heavy or expensive to ship for their value may have "shipping/handling" (S/H) added depending on additional items and distance or other factors. A partial or total "S/H" amount is selected in discrete steps by weight and by location to approximate the cost of third party shipping service and possibly other costs for most popular items. "S/H" includes any combination of actual third party costs or a handling charge by the seller. They are not described as "Delivered." and have "*" in the S/H field of the online Order/Status/Total system's checklist. When items like this are part of a larger order, the per item shipping costs are reduced- and we may waive S/H for the items of a lower shipping class.

For any order our best price total is available without disclosing your personal information. Our online Order/Status/Total system uses the item selections, quantity and destination state only to arrive at the best total with possible discount, S/H and/or NC only tax. Discount and reduced shipping apply only to prepaid machine submitted or otherwise prearraged orders. The base prices on items without "Delivered." exclude imbedded shipping costs so customers may benefit from consolidated shipping of combined orders. Use the "BUY - QUOTE" or "Order/Status/Total" buttons on most every page to preview your total including possible S/H and discount. You can order or convert a "preview" to a secure online order or faxable order form. In summary:

Automatic totaling, S/H status and multi- item "combo" discounting is embedded within the online order system.

Click on "Order/Status/Total" for online ordering secure or preview only to get the advantages of our very best totaled prices including NC only sales tax. Your Order/Status/Total preview need only list your destination state to get a total price. A big plus is your incentive for energy conservation when multiple items are ordered and delivered together.

Terms and Conditions of Use

Purpose

Needak, Inc. on the web at DurableToys.com and needak.com is a North Carolina Corporation which voluntarily exists and trades in a manner favorable to our customers and to accept the reward of making money for its employee/owners. The terms and conditions of use are intended to set standards for fair trade with our customers and to protect the company, employees and owners from mistakes, accidents or attempts at fraud or any other unreasonable detrimental actions.

About

Terms and Conditions of Use are at the current file appearing at http://DurableToys.com/toyhow.htm#terms. Terms may be changed without notice. By placing an order by any means a person known as the "Buyer" signifies agreement with these "Terms and Conditions of Use" in full.

Order Acceptance

You must be at least 18 years of age to order. Orders received by DurableToys.com - Needak, Inc. will be considered for acceptance in first in-first out (FIFO) sequence based on the date and time valid order information is received, payment in US Dollars is considered confirmed and the pertinent information is known good. Called-in or faxed order contention is subject to prior sale with automatic inventory decrementing by time stamped online orders that may not be known to office staff. Orders can be sent to DurableToys.com - Needak, Inc. by mail at the address below, or by phone or fax at the numbers below. Needak, Inc. reserves the right to reject any order for any reason including but not limited to difficulties with supply or delivery. Orders must be specific with the quantity, description, and complete shipping address with zip code, method of payment and required contact information including a working daytime phone number or valid email address. Our Privacy and Security Policy is stated on toypriv.htm.

Payment Methods

 We accept approved payment by the American Express® Card, Discover® Card, MasterCard® and Visa® credit and debit cards for domestic billing and shipping addresses only. "DurableToys.com" or "Needak, Inc." will appear on your billing statement. Where a written signature is not feasible, a completed order by verbal or machine transmission is considered as being signed agreement by the cardholder. Credit or Debit Card payment approval consists of a transmitted approval with exact match between the purchase billing address and the account billing address. We will attempt to correct address mismatch or other exceptions for up to 48 hours. Charges for all items that are drop shipped are made at the time of order delegation to the drop shipper. In the event of a partial shipment with backordered items in excess of $100.00, credit card charges will be deferred to when the corresponding item ships. Complete backorders except for drop-shipped items will have the credit card charges entered at or later than the time the items are available to ship. Checks or money orders should be made payable to "DurableToys.com" or to "Needak, Inc". Certified checks or money orders are considered confirmed and are the only accepted payment methods for certain non standard orders. Personal checks bearing an account number and domestic financial institution number for accepted domestic orders only are considered confirmed when cleared. Checks returned unpaid are subject to $20 fee or a the maximum permitted by law if lower. Returned checks along with the returned check fee will be presented again to to your bank.

Store Credit either issued by DurableToys.com or a Gift Card purchased from DurableToys.com can be used for full or partial payment for purchases as described separately.

DurableToys.com Store Credit

DurableToys.com Store Credit refers to purchasing power in US dollar equivalent that is redeemable only through DurableToys.com (Needak, Inc.) as full or partial payment of a purchase of any value. Unused Store Credit may remain if a purchase is less than the initial or remaining Store Credit Account value. The value of a Store Credit or a Gift Card is stored by DurableToys.com in a manner which does not violate our existing Privacy Policy. Store Credit is never redeemable for cash, check or credit or debit card refunds. A Store Credit Certificate may be issued with an identifying number associated with it and the initial value, or it may be reported by email only. This identifier must be listed within or during an order to be applied. The online ordering system provides a field labelled "Promotional/Gift Card Code" for entry of a Store Credit identifier. Store Credit is issued by DurableToys.com without payment directly for it, that is it is not a Gift Certificate that was paid for by a customer. Store Credit becomes voided automatically at its documented expiration date. An attempt to receive another form of refund for the same consideration as that of the Store Credit voids the Store Credit. An attempt at any form of fraudulent use voids the Store Credit.

Store Credit may be issued as a "Promotional Code" in which a non-unique promotional code with a specified initial value is offered. Upon use, the system will internally log the use and relate it to an associated order. Additonal conditions and/or limits may apply to a promotional offer.

Purchased DurableToys.com Gift Cards

A DurableToys.com Gift Card is a method of pre-payment for store credit usable only for product purchases from the DurableToys.com (Needak, Inc.) web site, ordered either by the online system, fax or telephone. DurableToys.com Gift Cards are available for purchase by ordering from DurableToys.com (Needak, Inc.) on the web site, by fax or by telephone. The Gift Card is redeemable without a physical card and upon request a valid Gift Card Code or Number will be issued by text email only from DurableToys.com.

DurableToys.com Gift Cards can be purchased in $50, $100, $200 or any integer dollar amount from $20 to $500 by selecting the appropriate item and quantity on the ordering page. Gift Cards are usable by their buyer or are transferrable to others for their use subject to verifcation of the original buyer to manager@DurableToys.com or to its office. A Gift Card can be initally assigned to another person by using a "Ship To" name and address of the recipient without need for further notice. The purchase of a Gift Card is non refundable for cash or its other initial payment method except as subject to applicable law or at our option agreement. DurableToys.com Gift Cards remain valid through the end of the month equal to or greater than five years from purchase.

DurableToys.com Gift Cards can be redeemed for DurableToys.com purchase totals including shipping/handling, etc. (S/H) and tax. To redeem a DurableToys.com Gift Card, enter its Number or Code into the "Promotinal/Gift Card enter Code" field of our online ordering system or otherwise include it in your phone or fax order. The Gift Card's value will be redeemed and its value decremented against the order total possibly leaving some value remaining. A Gift Card can be redeemed in full for a purchase total that matches its value. For a purchase in excess of the Gift Card's value, it will be redeemed in full for part of the order total with another form of payment applied to the balance. The card need not be physically present to be valid and useable for redemption. A Gift Card can have additional value added within and maintaining its valid term. A purchase made using a Gift Card has the same return and refund terms as other payment forms except as noted. A refund of payment toward a purchase from a Gift Card can be re-applied only to that Gift Card. Gift Cards at purchase are not subject to North Carolina Sales and Use Tax until redeemed as part of a taxable purchase. Where NC Sales Tax is added or included by online machine for a purchase using a Gift Card, your order total summary will be sent to the email entered.

Return, Cancellation Policy

Refer to "Changes and Corrections" below for change order identification standards. Your durable satisfaction is our goal. We recognize and accept that orders may need to be changed or cancelled for any reason. This section refers only to our regular selection of offerings of first quality new items. We recommend that the Buyer contact us when you desire a cancellation or return as early as practical for the return destination and advice that may be helpful. Where the item had been shipped to a recipient other than the Buyer, the BBBOnLine Secure privacy policy requires that the Buyer contact us to change an order. For the first 30 days from receipt of a first quality new item, at the Buyer's choice we will exchange the item with the same (or different item with the price difference) or refund the purchase price and possiblely also the standard ground parcel service S/H or "Delivered." price (and sales tax if applied) of any new item for any reason when that item is returned by the recipeint to our specified location. We may not refund outbound S/H for truck or parcel shipment where a major part of the expense of fulfilling the order has been committed toward shipping service already done by a third party.

An order may have reduced S/H charges and/or a discount applied resulting in a lower total than nominal listed item price(s). If an item from a single or multi-item order is cancelled from an order or returned where the total purchase cost had been lowered through reduced S/H and/or a "combo" discount then that item's actual incremental buyer's cost if last item will be applied.

We cannot refund monies in excess of the amount directly paid to Needak, Inc. for return shipping or other expenses. A customer may refuse a package to facilitate return transport even after delivery by parcel carriers by calling the carrier, however this may not be appropriate in all cases, please contact us first. The cost of the refused item's return shipping will be covered by us when it is being returned for outbound shipping damage but it will be deducted from the purchase price refund for return shipping of undamaged items unless otherwise covered by prior agreement. For return shipping logistics we may issue pre-paid return shipping service and possibly deduct its cost from the refund when processed. A restocking fee of not more than 15% may be witheld from purchase price refunds if the return receipt is more than 36 days from purchase for items returned in good condition. We do not accept returns of purchased items beyond 96 days from destination receipt of the item without prior agreement. Buyer is responsibe for the condition upon receipt at the specified return destination. Refunds for check or credit card purchases will be issued by the same method within eight business days after closure. We at our option will issue store credit for returns that are outside a specified interval. Beyond 30 days from purchase only the remaining manufacturer's warranty applies.

Changes or Corrections to Orders

Our Privacy and Security Policy has specific standards for accepting changes to an order entered online. This requirement exists to better safeguard customer information. Buyers wishing to review their identifiable information or make corrections to any order information should call or e-mail Needak, Inc. (see contact information elsewhere on this page) and provide the Invoice Number or Online Order reference number and at least two other pieces of information identifying the Buyer with the order. Note that a recipeint which is other than the Buyer does not meet the established standards to change an order made by the Buyer. No customer information is maintained on a networked server and thus your customer data cannot be accessed or changed by you or anyone via a web browser or any other interface. A change to part of a multi-item order could cause a delay in the shipment of the order. See "Returns, Canellation Policy" above for terms that apply after delivery has been intiated.

Sales Tax

Needak, Inc. dba DurableToys.com has no offices, salespeople, employees, equipment installations or inventory outside of North Carolina (NC), USA; a nexus only in NC. NC Sales Tax applies to purchases of goods and services delivered for storage, use or consumption only within North Carolina. The statement "SALES TAX INCLUDED IF APPLICABLE" means that Sales Tax assessed to Needak, Inc. directly or within a wholesale invoice to Needak, Inc. will be included in the order total shown. For orders shipped to a North Carolina location, a sales tax discount will be calculated for the by-county tax rate (please supply NC county) and then subtracted off in the amount of the resulting NC Sales Tax so that the Buyer's total remains unchanged. The receipt later included with the product or mailed will show the amount of discount and Sales Tax that has been included for remittance to the NC Department of Revenue.

Orders shipped to locations outside of North Carolina have no North Carolina Sales Tax collected. Some states have mandatory sales tax collection applied to the wholesale purchase when the destination is within the same state or a state with a reciprocal agreement. This included sales tax paid at the wholesale level by Needak, Inc. will not appear in your total or on a receipt.

For items not shipped but picked up and the shipping charge waived then NC Sales Tax will be added. If a Buyer is making a purchase for which a NC E-595E Sales Tax Certificate of Exemption is valid then it must be presented to waive the NC Sales Tax. These exemption-eligible purchases will not receive a NC Sales Tax compensating discount. Needak, Inc. reserves the right to adjust S/H charges and/or automatic discounts differently for various destination locations. Needak, Inc. accepts no obligation to pay local, state or country taxes or duties that are assessed directly to and remain the sole responsibility of the Buyer.

Standard Shipping

Needak, Inc. at DurableToys.com is a retail entity in which product is normally shipped to a Buyer. Standard shipping is to addresses served by a common carrier using a ground or base service within the contiguous 48 USA states (including the District of Columbia). Every reference to delivery indicates Standard Ground shipping unless otherwise specifed. Other expedited or extra distance services may be available at extra cost. A price with "Delivered." includes base service ground shipping within the contiguous 48 states and DC. A price without "Delivered." indicates that for this item added S/H varying by destination and/or item selection may or may not apply. The amount based on the term "S/H" could include estimated third party shipping charges, packing effort and materials, documentation, or any other non-product expenses that are incurred. The S/H charge that applies is selected from discreet steps within our systems. Use the Order/Status/Total system also labelled as "BUY-QUOTE" to preview the exact standard S/H charges, if any, based on the Standard Shipping destination state.

Destinations which require a hand off to another party such as a frieght forwarder for offshore or for domestic island delivery are not part of standard ground shipping. Where applicable, such special conditions either are made known to us to be included in the order total or they will be re-billed separately to the order when received.

A Standard Shipping item or large volume shipment that is too large for UPS must go by truck service, typically a tractor semi- trailer. Residential truck delivery requires a telephone contact to arrange for the truck to meet a recipient. A residential surcharge is included in the delivery price but additional services such as carry in and set-up are not included and are the responsibility of the recipient. We will inform you before processing the order if known additional conditions apply. If we have an email address we will provide the name and telephone number of the carrier, and the "Pro-Number" that identifies your delivery.

We can ship your purchase to another address at no extra cost for that Standard Shipping destination if we have the Buyer's matching domestic billing information. We will send the receipt to the billing address unless other arrangements have been made. A packing list with Buyer's name and address but without dollar amounts is enclosed with the product. Items shipped to an address other than the Buyer can be returned but BBBOnLine Privacy standards apply for order change.

Items which normally ship from Needak, Inc. may be picked up at our office or storage location by appointment only after our acknowlegement that a standard order has been accepted and prepaid. NC sales tax applies to all items picked up within NC unless a tax exemption is provided. Special logistics may be pre-arranged in writing as part of a complete order.

Expedited Shipping

Your purchase will have a non-refundable extra cost S/H added for expedited service. Expedited Shipping extra cost rates depend on the speed and distance and the actual or estimated S/H costs are added to the standard purchase price and standard S/H if any. An online system order with extra-cost expedited shipping is arranged by specifying the service but the additional S/H charge will not be shown online; rather it will be added and considered agreed to. Your second email acknowledgement will show your total and your order will proceed without delay though standard cancellation and return policy still applies. An estimate for UPS shipping can be obtained from www.ups.com when both zip codes are known. Most origin zip codes are noted above on this page. You may also mail or fax for a written quote involving expedited shipping if you note the items involved and the zip code of the destination.

Extra Handling, Distance and International Orders

Alaska, Hawaii, island and foreign shipping destinations are higher in cost depending on the method. Surface shipping may take several weeks but air shipments are generally available. Shipping to countries other than the USA including APO/FPO require documentation in addition to the shipping and insurance costs. APO/FPO recipients, thank you for your service. Non refundable extra cost for foreign shipments beyond the published price and S/H are the actual or estimated cost of the shipping plus $20.00 per package additional to cover insurance and export documentation. UPS will not deliver to A/FPO addresses. The extra cost for APO/FPO shipment by USPS may be reduced, but we may add the documentaion fee for outside USA destinations. Shipping outside of the USA contiguous 48 states may not be available for some products due to size, weight or special status. Email or fax for a written quote involving extra distance shipping noting the country and postal code.

Addresses not served by ground or base services can be ordered at extra cost. We can ship to a freight forwarding service when we have the Buyer's matching domestic billing information. Where known, the added cost will be added to the order total before the order is complete. Charges for home setup, ferry crossing, freight forwarding or other services not agreed to in advance that are billed to Needak, Inc. will be added to the order and billing method. Extra charges by other than Standard Shipping methods are not refundable.

Special Packaging or Handling

Services such as overboxing, extra packaging material or gift wrapping as possible withing shipper's rules may be available at extra cost in response to requests in writing or by phone. Use of the online order system text fields with notations that are acknowleged with the total price and agreed to are acceptable. Assembly and repackaging of assembled items is not normally available due to our limited role as retailer. Other unusual circumstances would have to be agreed to in writing and may involve additional terms. Extra costs for special packaging or handling services are not refundable.

Damage Procedures

If you receive an item with visible packaging damage, please note it with the shipper if present or reject the package from the shipper. Let us know right away what it will take to make your purchase correct and any time constraints that apply at your destination. You can reject a UPS package even after the driver has left it by calling 1-800-PICK UPS (= 800-742-5877) and someone will pick it up. If not rejected, open the package and inspect for actual product damage, not just packaging, as carriers require this before a damage claim can be filed with them. New items received with concealed damage will be promptly replaced in place or have parts sent to eliminate the damaged portions, at our judgement of the best overall available options or within the terms of the product manufacturer, with the maximum response limited to a full refund. Your option to return the product still exists without penalty for the shipping damage received while enroute to the customer destination. Standard ground shipping will be used for replacements unless at our option we may upgrade the shipping service if advised of your circumstances. Please retain the damaged item or parts in its packaging for at least 7 days so that the shipper can inspect and/or pick up the item. After that period, abandoned items may be kept or donated locally but please notify us of the recipient of donated items. Insurance claim payments made by carriers belong to the party which paid the premium unless other arrangemnts have been made. Acceptance of both a refund and an insurance payment for the same item damage may be considered as insurance fraud. We have gone to extremes beyond the terms in the past to make sure that we have pleased our customers, even to the point of our customers notifying the local media of our high level of response.

Availability and Source

Items may be shipped from Needak, Inc. or from other sources. The status of "estimated days to ship" listed in the ordering list is intended to be correct and up to date but there is no guarantee of the date and time of delivery unless an extra-cost service with specific delivery date is arranged and agreed to with that order. Where the overall level of service generally meets the listed status an order may be handled either from local stock or another source possibly much closer to the destination. Specifications and country of origin may vary without notice or obligation. Some items such as accessories are available only when ordered with other items. Special conditions or restrictions may apply for "Manager's Special" items described as "Closeout", "Used", "Returned", "Demo", "Assembled" or otherwise, see below. Misprints or other errors in the text or pictures are subject to correction without notice nor obligation to match erroneous or obsolete conditions or specifications. Occassionaly objects may appear in pictures which may be a duplicate to show a different configuration or items otherwise not included in the product offered for sale. Availablity and/or offer for sale of items can change or be withdrawn with consideration given to the sequence of accepted orders. We will notify customers at the earliest time possible if we become aware that an accepted order cannot be fulfilled. The maximum response for inability to fulfill an item or order is a complete refund of all monies accepted for the item or order or of the unfullfilled portion thereof.

Where an item is described as to country or origin or "made in ..." the designation refers to the principle source of the item that may have component parts made elsewhere. The country of origin information supplied is meant to be a guide in selection of products using that criteria. The database is maintained with the most up to date information from our suppliers but it should not be interpreted as a guarantee. Our suppliers generally retain the right to change product availability and or specifications without notice.

Packaging for Shipment

Packaging is present to protect the purchased item for shipment and it may have labels, writing, tape or other fasteners added. Printing or images on the packaging may vary from descriptions such as by different translation or photo angle while the effort is made to present the actual product. We have minimal ability to hide the contents with placement of labels, etc but we cannot giftwrap parcels. Some boxes may have metal staples or other features that should be handled only by an adult. Small items may not come packaged for individual shipment and thus can be placed in other new or used boxes with an identified source when other labelling is a mismatch. Some new product packages may be opened by the manufacturer, distributor or by Needak, Inc. for inspection or correction, improvenment of package integrity, addition of options or by the shipper for inspection without altering existing design or fitness for use of the product. Thus Needak, Inc. specifically does not accept the designation and liability as designer or manufacturer of a product, which remains with the manufacturer of opened product packages. Please retain packaging while there is a possible need to return the item.

Price Policy

Prices offered by Needak, Inc. are non-negotiable without agreement to match other sources and may vary without notice or obligation due to market and other conditions. We use part numbers to accurately describe the product and tie it to its price. The defined offering price is the one which appears on the DurableToys.com sub linked web pages with the advertized product's description and part number, unless an item appears in the BUY - QUOTE Order/Status/Total system database listing only. An item may have a different un-advertized price within the BUY - QUOTE Order/Status/Total system and may have additional discounts and/or reduced S/H applied. If an item has a different price between the internet catalog descriptive web page and the online order system then the BUY - QUOTE Order/Status/Total price is for machine generated orders only, not telephone orders. Items may or may not be identified as having a lower BUY - QUOTE aka Order/Status/Total system price. Taxes, S/H or other charges or discounts may be incuded in the total purchase amount and are based on the item pricing which is used. Prices, discounts and S/H computed using the online BUY - QUOTE Order/Status/Total (preview) system are exclusive to those machine transmitted pre-paid orders only. Some items may be shown or described with dependencies on other items that are priced for sale separately. For 10 days we will honor the prices on unedited printed copies from our web site descriptive pages for call-in or mail-in orders or "Preview" fax form prices for faxed-in order. Online orders are offered only at the current prices and possible discounts as are within the system. A price that has been reduced may be noted as "sale". Misprinted, mistaken or malfunctioning internal or external online or published prices and/or specifications are subject to correction and/or change without notice or obligation to accept.

Warranty

The warranty that may apply to a product can be obtained before purchase from Needak, Inc. upon request, or by contacting the manufacturer. A list of warranty and parts contact information is at: toyacc.htm#parts. Some products have different warranty based on residential vs. commercial or instituional use. A product sold by us that fails to satisfy your expectations due to an initial defect will be addressed. The return policy below of course covers warranty problems but there are additional correction options available to you. Please look at included manuals for the manufactuer's instructions as they may be the best contact and procedure for immediate resolution (varies by maker). Solutions include prompt whole or part replacement either from Needak, Inc. or the manufacturer as arranged by either party, with return of the initial product if needed. If return is needed, contact us and then send to the correct return destination (possibly not the source) using the recommended arrangements if any to get the full benefit of the warranty procedure. Parts or replacements are sent at the same service level or better at our option when informed of your needs.

Special Orders

Items that are custom sourced to order such as parts, items with an extra cost option, custom assembly, personalization, non reversible modification or color selection are orderable in writing. Additional terms beyond normal purchases apply. Special Order items may not be returnable for a refund once committed to a third party. We will special order parts only for items sold by us using the model and sale date to insure correct part application. Special Order items are returnable only with return authorization or they may be rejected by Needak, Inc. to the shipper. At our option we may refund all or a portion of the Special Order purchase price comparable to a saleable product (and tax) only, not S/H.

Closeouts, Limited Time/Quantity Offers

New items at our location identified as "Closeout", "Special Purchase" or "Limited Offer" are limited in supply by the manufacturer or otherwise and may not be available for replacement, quantities beyond a single unit or future purchase. Descriptors may be abbreviated. Other normal customer services could be reduced in future duration due to an end to manufacturer support. Refunds for returned Closeout items will cover only price (and tax) only, not S/H. If all or part of an order is cancelled by either Needak, Inc. or the Buyer and we were able to halt the shipment, then we will issue a full refund including applicable S/H. Frequently the last few of an item could have packaging that is not in perfect condition. If there is shipping damage or missing parts, we will have compatible parts delivered by ground service at no additional cost.

Manager's Specials

Additional terms beyond normal purchases apply for items described or catagorized as Manager's Specials. Special conditions or restrictions may apply for "Manager's Special" items described as "Closeout", "Used", "Returned", "Demo", "Assembled", "Pick Up Only", "Ugly Box", "Scratch", "Dent" or their abbreviated forms. The Manager's Specials may in some way not be a brand new first quality product factory packaged for shipment. "Pick Up Only" Manager's Special items have no S/H charge and will not be delivered, make a pick up appointment with or after ordering. Any references to shipping or delivery of a "Pick Up Only" item refer to the shipping to our location for handoff to the customer. Sales tax is not included and will be added where an item is agreed to be below full "Delivered." price or the total has been reduced by waived S/H charge because of the pick up rather than delivery. Possible repair or parts substitution which retains full funtional integrity will be noted where applicable. Customer returned items are new or nearly new with possible previous assembly and then return. Assembled items are new or nearly new and may not be able to be shipped without dissassembly. These items' condition and packaging can vary, but they are intact and can be further inspected and made safe for use. "Manager's Special" items are limited supply, may be sold out without future availability or obligation. Manager's Special items are only returnable with authorization or they could be rejected by Needak, Inc. to the shipper. Refunds for returned Manager's Specials will cover only price and tax less a restocking fee of not more than 15%; not exchanges, S/H for either direction nor replacements. Other normal customer services may be reduced due to lack of manufacturer support or future supply or parts availability. If a Manager's Special item has missing parts or damage, those parts where available will be provided by standard ground shipping. Manager's Special items that have had the original packaging opened for the above reasons or or that have been shipped to a customer and unsealed are rendered "as-is" for their fitness for any use, thus Needak, Inc. does not accept liability as a manufacturer of such a product and remains in the distributor role. Warranty and parts contacts are listed on our page toyacc.htm#parts.

Large Quantity, Wholesale Orders

DurableToys.com - Needak, Inc. is a retail outlet, we do not generally sell wholesale or for resale and must honor retail agreements with our suppliers. Prepaid or preapproved purchase order type orders arranged by our BUY - QUOTE Order/Status/Total system and possibly then to printed form for fax or mail orders may have automatic discounts and/or reduced shipping charges applied based on shipping effort and value of the order. In addition, large retail orders may have a special price if a quote is requested only in writing by letter, fax or email. NC sales tax will be collected by us per the usual retail standard unless a copy of a sales tax license or exemption is supplied.

Business Purchase Orders

Needak, Inc. may accept simple written purchase orders for non-refundable net 30 days from order date payment from domestic businesses or agencies. Include a numbered purchase order on company letterhead with the following: Company name, billing address, shipping address, voice and fax telephone numbers, authorized employee name, title and signature, order items and quantities. An additional fee of not more than $15.00 may be assessed to the first order for research if deemed neccesary. Orders will be acknowledged with any conditions or changes that may apply. Use the BUY - QUOTE Order/Status/Total tool button to obtain a printable order form including amounts that may show additional charges and/or prepaid quantity discounts. Pre-approved Buyers receive "prepaid" discounts. NC sales tax will be collected by us per the usual retail standard unless a copy of a sales tax license or exemption is supplied.

Institutional Buyer Purchase Orders With Reporting

Needak, Inc. may accept written purchase orders for non-refundable net 30 days from order date payment or other payment terms from government or institutions which require government reporting only when both parties agree to terms prior to product shipping. Institutional Buyer Organizations must disclose information reporting requirements beyond our standard invoice and EIN, and agree to changes to the order made neccesary by those requirements. A documentation fee of not more than $20.00 will be added to the first order with a reporting burden. All changes to the order, submissions of vendor certifications and classifications must be accepted by the institution as provided by Needak, Inc. before the order is considered to be accepted by Needak, Inc. Needak, Inc. will not make a future committment to inform institutional Buyers of changes to our business structure, incorporation status, ownership personal information or operating data unless otherwise agreed. Company data generally remains subject to change without notice. Email or fax for written quotes, please include reporting terms. Use the BUY - QUOTE Order/Status/Total tool button to obtain a printable order form including amounts that may show additional charges and/or prepaid quantity discounts. Pre-approved Institutional Buyers receive "prepaid" discounts. NC sales tax will be collected by us per the usual retail standard unless a copy of a sales tax license or exemption is supplied.

Safety Recalls

We will comply to manufacturers or other authority recalls to exceed the extent required. Safety notices are listed on DurableToys.com/toyacc.htm#safetyinfo.

Warnings, Instructions, Disclaimer

Needak offers products for sale that are manufactured by other companies. Having no control of their use once in the recipient's possession, Needak, Inc. assumes no liability associated with their use. The age recommendations and product certification are the responsibility of those makers. Most items sold are not suitable for persons under age three and some products are for under age 1 and up when correctly assembled and monitored by an adult. The safe adult assembly, use, fitness for use and maintenance is the responsibility of the Buyer or recipient. Read transcripts of Caution or Warning statements that may be labeled on product boxes. Some age and size information presented are estimates, actual manufacturers data based on height and weight may be available upon request. When received, read and follow the manufactuer's packaging and literature found with all new products, then retain it for future reference. There will be cautions, warnings, age ranges, instructions, notes, contact information, agency approvals, use practices and other information provided. Toys should be used with adult supervision and guidance as well as appropriate safety gear to reduce the chance of injury. They should not be used where there is vehicle traffic, slopes or water close by. Needak disclaims any warranties either expressed or implied but not limited by advertising materials. Needak's obligational liability is expressly limited to the stated return policy. Some items may require additional supervision or safety equipment that is not supplied by Needak, Inc. Consult the manufacturer's literature for specific advice. Some products such as larger shade or play structures may be subject to local laws for their use or installation and the responsibility for compliance lies with the purchaser or user. Advice or procedures supplied by Needak, Inc. or its web pages are offered as infomational courtesy and are to be used with adult judgement and at your own risk. Known safety recall campaigns are listed on DurableToys.com/toyacc.htm.

Ordering Privacy and Security

Use our secure online order system for orders with confidence using two layer privacy technology and policies that are approved by BBBOnLine. Do not use regular e-mail for a credit card order. A preview function within the online BUY - QUOTE Order/Status/Total system will total amounts including NC sales tax, if any, using only the order items, quantities and destination state. To order at the best total price without putting personal information online, use the BUY - QUOTE Order/Status/Total system to obtain a print of the preview faxable form page; then fill in billing and shipping information and fax. You may fax orders to us using the number on the page from within the USA. Complete orders can also be called into our toll-free number. Orders from any source have the same level of privacy and security as the approved online system. No customer mailing lists will be sold or used outside of Needak, Inc. See the complete privacy policy on toypriv.htm.

Links to Other Web Sites

Links from this web site, that is under the "needak.com" and "DurableToys.com" domains, are for informational use only. We do not assert approval or aggreement with any content or offerings outside of the http://DurableToys.com, http://needak.com, https://durabletoys.securelook.com, https://needak.securelook.com, https://secure.durabletoys.com and https://secure.needak.com domains shown by the browser. The privacy policy stated by Needak, Inc. applies only to DurableToys.com eq. needak.com web pages, other sites may have a weaker privacy policy.

Trademarks, Copyrights, Legal

Trademarks are the properties of their respective owners. DurableToys.com - Needak, Inc. uses trademarks to identify products for sale and Needak, Inc. remains separate and unrelated to the owners. Needak, Inc. respects the copyrights of others and enforces the proper use of its copyrighted material. Needak, Inc. copyrighted web page text or images may be downloaded, copied or printed only for the intended purpose of retail sales by Needak, Inc. Legal services are arranged to ensure the proper use of our copyrighted intellectual property and other matters of business. In the event of a dispute between Buyer and Needak, Inc. which cannot be resloved by negotiation, any action which involves a court of law will be stipulated to have the venue only in Alamance County, North Carolina, USA.

End: Terms and Conditions of Use

DurableToys.com - Needak, Inc. Corporate Identity

Needak, Inc. on the web at DurableToys.com and needak.com is a privately held North Carolina Corporation founded in Burlington, NC in 1988, President: Debra McCusker, V.P. David McCusker. EIN available upon written request. We have a voluntary listing of company information by Dunn and Bradstreet under number 82-675-8005. The office mailing address and physical location is at 4538 White Rock Lane, Burlington NC 27215. Needak, Inc. does business as "DurableToys.com", "www.DurableToys.com", "Needak.com", "Needle in a Haystack Durable Toys™" and "Needle in a Haystack DurableToys.com". Needak, Inc. may be referred to as "Needak", "Needak.com" or "DurableToys.com" and within context of materials or web sites operated by Needak, Inc. indicates "Needak, Inc." Needak, Inc. also owns other domain names that may point to needak.com or that may be offered for sale, or both. Each web page operated by Needak, Inc. is identified as such and should not be interpreted as being part of another company.

Needak, Inc. is not affiliated with Needak Manufacturing of O'Niell, NE. They make the Needak ™ Rebounder USA-made miniature trampoline. (also spelled "Needack") Needak and Soft-Bounce™ are registered trademarks of Needak Manufacturing. Web site at www.NeedakMfg.com Telephone: 402-336-4083. email: needak@inebraska.com Needak, Inc. is not affiliated with Haystack Toys, Inc. of St. Louis, MO.
Parts Sources

DurableToys.com - Needak, Inc.
4538 White Rock Lane
Burlington, NC 27215
Email: manager@DurableToys.com
for voice one eight hundred three eleven sixty three thirty three voice

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