Terms of service

TERMS OF SERVICE

Last updated: September 4, 2026

These Terms of Service (“Terms”) govern your access to and use of TheWiggleToy.com, your purchase of products from The Wiggle Toy, and the possession, assembly, charging, supervision, and use of products sold by The Wiggle Toy (“The Wiggle Toy,” “we,” “us,” or “our”).

By accessing this website, placing an order, purchasing a product, accepting delivery, or using a product purchased from us, you acknowledge that you have read and agree to these Terms and all policies incorporated into them by reference.

If you do not agree to these Terms, do not purchase or use our products.

Nothing in these Terms limits or waives any legal right that cannot lawfully be limited or waived.

1. PRODUCT USE AND SAFETY

The Wiggle Toy sells recreational children's products, including electrically powered ride-on toys.

Ride-on products involve movement and therefore involve inherent and foreseeable risks, including falls, collisions, tipping, loss of control, impact with persons or objects, property damage, and bodily injury.

Products must be assembled, charged, operated, maintained, stored, and used only:

for their intended purpose;
in accordance with all supplied instructions;
in accordance with all warnings and safety information;
within stated age and weight limitations;
with compatible chargers, batteries, parts, and accessories; and
under appropriate adult supervision.

Adult supervision is required whenever a child uses the product.

The purchaser, parent, guardian, owner, or supervising adult is responsible for determining whether the rider is physically and developmentally capable of safely using the product and whether the environment and conditions are appropriate.

Products must not be used near:

public roadways or moving traffic;
stairs or drop-offs;
swimming pools or bodies of water;
steep slopes;
hazardous machinery;
fire or extreme heat;
dangerous obstacles;
unstable, excessively rough, or unsuitable terrain; or
any other environment that creates an unreasonable risk of injury or property damage.

Appropriate protective equipment should be used whenever appropriate for the rider, activity, and environment.

Never permit use beyond the stated age, weight, speed, operating, or environmental limitations.

2. ASSUMPTION OF RISK

By purchasing, possessing, supervising, allowing another person to use, or permitting a child to use a product sold by The Wiggle Toy, you acknowledge that recreational ride-on products involve inherent and foreseeable risks even when used properly.

To the fullest extent permitted by applicable law, you voluntarily accept the ordinary and inherent risks associated with proper recreational use of the product.

The purchaser, owner, parent, guardian, and supervising adult remain responsible for appropriate supervision, rider suitability, safe operating conditions, and compliance with product instructions and warnings.

Nothing in this section requires you to assume risks arising from conduct or liability that cannot lawfully be waived.

3. MISUSE AND UNSAFE USE

To the fullest extent permitted by law, The Wiggle Toy is not responsible for injury, loss, property damage, product damage, or other harm caused or contributed to by:

misuse or abuse;
lack of appropriate adult supervision;
failure to follow instructions or warnings;
improper assembly;
unauthorized modification;
unauthorized repairs;
use of incompatible parts, chargers, batteries, or accessories;
exceeding stated age or weight limits;
unsafe riding conditions;
collisions;
riding near traffic, vehicles, stairs, water, slopes, drop-offs, or hazardous areas;
intentional misuse;
negligent supervision;
continued use after damage or malfunction becomes apparent; or
use outside the product's intended recreational purpose.

If a product appears damaged, loose, unstable, abnormal, excessively hot, electrically damaged, or otherwise unsafe, stop using it immediately.

Continued use after discovering or reasonably being expected to discover an unsafe condition may increase the risk of injury or damage.

4. BATTERY AND CHARGING SAFETY

Battery-powered products must be charged, stored, maintained, and operated according to the instructions supplied with the product.

Charging should be performed or supervised by a responsible adult.

Do not:

use a damaged battery;
use a damaged charger;
use damaged wiring or connectors;
use an incompatible or unauthorized charger;
charge a visibly damaged product;
expose electrical components to inappropriate moisture or heat; or
modify electrical components.

The purchaser or supervising adult is responsible for periodically inspecting the product and discontinuing use if damage, abnormal heat, unusual odor, electrical damage, or abnormal operation is observed.

5. PRODUCT INFORMATION AND PERFORMANCE

We make reasonable efforts to describe and display our products accurately.

However, actual:

colors;
dimensions;
appearance;
lighting;
battery duration;
charging duration;
operating speed;
sound;
performance; and
other product characteristics

may vary due to rider weight, surface conditions, temperature, battery condition, manufacturing tolerances, use patterns, screen/display settings, and other factors.

Photos, videos, illustrations, customer content, demonstrations, and marketing materials are provided for general informational purposes and may not depict every circumstance or result.

Performance descriptions are not guarantees of identical results for every rider or environment.

No statement on our website should be interpreted as a representation that use of a ride-on product is completely free of risk.

6. AGE, WEIGHT, AND RIDER SUITABILITY

Our 12V Electric Wiggle Car is intended for riders age 3 and older and has a maximum rider weight of 110 pounds, unless different specifications are clearly stated on the applicable product page or accompanying documentation.

These limits do not replace adult judgment.

A purchaser, parent, or guardian remains responsible for determining whether an individual child has the coordination, maturity, physical ability, and understanding necessary to use the product safely.

Adult supervision is required during use.

7. ORDERS AND ACCEPTANCE

Submitting an order does not necessarily constitute final acceptance by The Wiggle Toy.

We reserve the right, where reasonably necessary, to refuse, limit, cancel, or place an order on hold because of:

suspected fraud;
payment authorization problems;
inventory errors;
pricing errors;
technical errors;
address problems;
suspected unauthorized resale;
quantity limitations;
suspected abuse of promotions; or
other legitimate business reasons.

If we cancel an order after payment has been collected and no merchandise is provided, the applicable payment will be refunded.

We may contact you to verify order, payment, identity, shipping, or address information before fulfillment.

Failure to provide reasonably requested verification may result in delay or cancellation.

8. PRICING, PROMOTIONS, AND ERRORS

Prices, inventory, promotions, offers, discounts, product descriptions, and availability may change without notice.

We reserve the right to correct obvious typographical, technical, inventory, or pricing errors.

If an obvious pricing or technical error affects an order before fulfillment, we may contact you to offer the correct terms or cancel and refund the affected order.

Discount codes, promotions, bundles, or special offers may be subject to separate conditions and may not be combinable unless expressly stated.

9. SHIPPING AND DELIVERY

Shipping and delivery dates are estimates unless expressly stated otherwise.

Carrier delays, weather, natural disasters, service interruptions, incorrect customer information, address problems, holiday volume, and circumstances outside our reasonable control may affect delivery.

Customers are responsible for providing a complete and accurate shipping address.

Where a carrier requires a physical street address, the customer must provide one.

Additional costs resulting from:

an incorrect address;
incomplete address;
refused delivery;
failed delivery caused by customer information;
customer-requested reshipment; or
other circumstances attributable to the customer

may be the customer's responsibility to the extent permitted by applicable law.

This does not apply when the delivery problem was caused by an error attributable to The Wiggle Toy, our fulfillment provider, or the carrier and applicable law places responsibility on us.

10. RETURNS, REFUNDS, AND CANCELLATIONS

All returns, refunds, cancellations, and quality claims are governed by our Return & Refund Policy, which is incorporated into these Terms.

If these Terms conflict with the Return & Refund Policy regarding a return, refund, cancellation, or 30-Day Limited Quality Guarantee claim, the more specific terms of the Return & Refund Policy will control for that issue.

For an eligible change-of-mind return, the customer is responsible for return shipping and related return costs as described in the Return & Refund Policy.

For a confirmed qualifying manufacturing defect, shipping damage, or error attributable to The Wiggle Toy:

if we require the affected product to be returned, we will provide or cover the reasonable return shipping method we authorize; and
if an approved replacement product is provided, the approved replacement and replacement shipping will be provided at no charge to the customer.

Customers should not independently ship an allegedly defective or damaged item before receiving return instructions if they expect us to cover the shipping expense.

11. 30-DAY LIMITED QUALITY GUARANTEE

Qualifying purchases are covered by our 30-Day Limited Quality Guarantee beginning on the original delivery date.

The guarantee covers qualifying manufacturing defects in materials or workmanship arising during normal and intended consumer use.

Claims may require reasonable documentation, including:

order information;
proof of purchase;
photos;
video;
troubleshooting information;
packaging images;
product information; or
other evidence reasonably necessary to evaluate the issue.

The guarantee does not cover problems caused by:

accidents;
collisions;
falls;
impact;
misuse;
abuse;
neglect;
improper assembly;
unauthorized modification;
unauthorized repair;
ordinary wear and tear;
cosmetic wear that does not materially affect operation;
unsuitable riding conditions;
exceeding the stated rider weight;
failure to follow instructions;
inappropriate exposure to water, moisture, weather, or heat;
improper charging;
incompatible chargers;
commercial or rental use; or
damage occurring after delivery that is unrelated to a covered defect.

Approved remedies may include troubleshooting, a replacement part, a replacement component, a replacement product, or another appropriate remedy.

If an approved covered claim is resolved through replacement of the product, the replacement will be provided at no charge to the customer, including replacement shipping.

If we require a covered defective product or component to be returned, we will cover the reasonable return shipping method authorized by us.

Replacement products, parts, or components do not restart or extend the original 30-day period unless required by applicable law.

12. THIRD-PARTY USERS AND GIFTS

If you purchase a product for another person or allow another person, including a minor, to use the product, you are responsible for communicating applicable:

instructions;
warnings;
age restrictions;
weight restrictions;
operating limitations;
charging requirements; and
safety information

to that person and, where appropriate, to their parent, guardian, or supervising adult.

Giving, lending, or transferring the product to another person does not eliminate the need to follow product warnings and instructions.

13. CUSTOMER REVIEWS, PHOTOS, AND SUBMISSIONS

If you voluntarily submit a product review, photograph, video, testimonial, comment, or other content to us or through a review platform used on our website, you represent that you have the right to submit that material.

You must not knowingly submit:

false reviews;
defamatory material;
infringing content;
unlawful content;
manipulated evidence;
content containing confidential information you do not have the right to disclose; or
content that misrepresents your experience.

Any license or use rights associated with submissions will be governed by the terms disclosed at the time of submission and applicable law.

14. WEBSITE AVAILABILITY

We attempt to maintain accurate and reliable website access but do not guarantee that the website will always be uninterrupted, error-free, or available.

Maintenance, updates, third-party platform issues, internet outages, payment-provider interruptions, and other technical conditions may temporarily affect availability.

We may modify, suspend, or discontinue website functionality where reasonably necessary.

15. THIRD-PARTY SERVICES

Our website may rely on or provide access to third-party services, including payment processors, shipping providers, review platforms, ecommerce technology providers, social networks, and other services.

Those third parties may have their own terms and privacy practices.

To the extent permitted by law, The Wiggle Toy is not responsible for the independent acts, omissions, outages, or policies of third-party services outside our reasonable control.

16. INTELLECTUAL PROPERTY

The Wiggle Toy website, branding, written content, graphics, photographs, videos, logos, designs, product presentation, and other original website materials are protected by applicable intellectual-property laws.

Except where permitted by law, they may not be copied, reproduced, republished, distributed, altered, scraped for commercial reuse, or commercially exploited without authorization.

Nothing in these Terms transfers ownership of our intellectual property to you.

17. PROHIBITED USES

You may not use our website or products in connection with:

unlawful conduct;
fraud;
payment fraud;
unauthorized resale schemes;
infringement of another person's rights;
malicious software;
attempts to interfere with website security;
unauthorized access to systems;
deliberate circumvention of purchase limitations; or
other conduct prohibited by applicable law.

18. NO GUARANTEE OF INJURY-FREE USE

Safety features, stability features, age recommendations, weight limits, testing, product descriptions, instructions, and adult-supervision requirements do not constitute a guarantee that an accident, fall, collision, injury, or property damage cannot occur.

The purchaser and supervising adult remain responsible for rider suitability, supervision, environment, and compliance with instructions.

19. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WIGGLE TOY AND ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS, SUPPLIERS, SERVICE PROVIDERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO:

THE WEBSITE;
A PURCHASE;
DELIVERY;
POSSESSION OF A PRODUCT;
USE OR MISUSE OF A PRODUCT; OR
INABILITY TO USE A PRODUCT.

THIS MAY INCLUDE, WHERE LAWFULLY EXCLUDABLE:

LOST PROFITS;
LOSS OF USE;
BUSINESS INTERRUPTION;
LOSS OF DATA;
LOSS OF ENJOYMENT;
PROPERTY LOSS;
EMOTIONAL DISTRESS;
MENTAL ANGUISH; OR
OTHER CONSEQUENTIAL OR NON-ECONOMIC LOSS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WIGGLE TOY WILL NOT BE RESPONSIBLE FOR BODILY INJURY, PROPERTY DAMAGE, OR OTHER LOSS CAUSED OR MATERIALLY CONTRIBUTED TO BY:

MISUSE;
IMPROPER ASSEMBLY;
FAILURE TO SUPERVISE;
FAILURE TO FOLLOW WARNINGS OR INSTRUCTIONS;
UNAUTHORIZED MODIFICATION;
UNAUTHORIZED REPAIR;
UNSAFE RIDING CONDITIONS; OR
USE OUTSIDE THE PRODUCT'S INTENDED PURPOSE.

TO THE EXTENT A CLAIM CANNOT LAWFULLY BE EXCLUDED, OUR AGGREGATE LIABILITY ARISING FROM OR RELATING TO A PARTICULAR PURCHASE WILL, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE WIGGLE TOY FOR THE PRODUCT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes, limits, or attempts to waive liability, consumer rights, statutory warranties, or remedies that applicable law does not permit us to exclude or limit.

Nothing in these Terms excludes liability for fraud, willful misconduct, gross negligence, or personal injury to the extent such liability cannot lawfully be excluded.

20. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless The Wiggle Toy and its owners, employees, affiliates, contractors, agents, suppliers, and representatives from third-party claims, liabilities, damages, losses, judgments, and reasonable costs arising from your:

intentional or negligent misuse of a product;
violation of these Terms;
violation of another person's rights;
failure to appropriately supervise a minor;
unauthorized modification or repair;
commercial or unlawful use; or
material failure to follow product instructions or safety warnings.

This provision does not require you to indemnify The Wiggle Toy for liability that applicable law prohibits us from transferring to you, including liability based solely on our own conduct where indemnification cannot lawfully be required.

21. PAYMENT DISPUTES AND FRAUDULENT CHARGEBACKS

If you believe there is a problem with an order, product, delivery, refund, or payment, please contact:

support@thewiggletoy.com

so we have an opportunity to investigate and resolve the issue.

Nothing in these Terms prevents you from exercising a legitimate right to dispute a genuinely unauthorized, fraudulent, undelivered, or improperly processed transaction.

However, knowingly filing a materially false, fraudulent, or deceptive payment dispute may violate these Terms and applicable law.

We reserve the right to submit relevant evidence to banks, card networks, payment processors, courts, or other appropriate parties when responding to a dispute, including where lawfully available:

transaction information;
order records;
delivery confirmation;
tracking;
correspondence;
customer confirmations;
photographs;
refund records;
device or technical information; and
other relevant documentation.

22. FRAUD AND POLICY ABUSE

To the extent permitted by law, we may refuse, suspend, or contest a return, refund, replacement, promotion, or claim where there is reasonable evidence of:

return fraud;
intentionally damaged merchandise;
substitution of products or parts;
falsified documentation;
altered photographs or video;
false statements concerning delivery or product condition;
abusive repeated claims;
promotion abuse;
payment fraud; or
other deceptive conduct.

This provision does not limit legitimate consumer rights.

23. INFORMAL DISPUTE RESOLUTION

Before commencing formal legal proceedings against The Wiggle Toy, you agree, where permitted by applicable law, to first provide written notice describing the dispute and make a good-faith effort to resolve it directly with us.

Formal dispute notices may be sent to:

info@thewiggletoy.com

The notice should reasonably identify:

the purchaser;
the applicable order;
the nature of the dispute;
the relevant facts; and
the remedy requested.

The parties will have at least 30 days after receipt of the written notice to attempt informal resolution before formal proceedings are initiated, except where applicable law, an urgent legal remedy, or a limitations period requires earlier action.

This section does not prevent a consumer from using any procedure or remedy that applicable law does not permit us to restrict.

24. INDIVIDUAL CLAIMS

To the maximum extent permitted by applicable law, disputes between you and The Wiggle Toy should be resolved on an individual basis rather than through a class, collective, consolidated, or representative action.

This provision applies only to the extent such a waiver is valid and enforceable under the law applicable to the particular dispute.

If a class-action waiver is prohibited or unenforceable in the applicable circumstances, that prohibition or unenforceability will control.

25. ATTORNEYS' FEES AND COSTS

To the fullest extent permitted by applicable law, if a person initiates a claim, proceeding, charge, or action against The Wiggle Toy that is determined to be fraudulent, frivolous, brought in bad faith, or materially based on knowingly false representations, The Wiggle Toy reserves the right to seek recovery of reasonable attorneys' fees, court costs, arbitration costs, collection expenses, and other recoverable expenses incurred in defending the matter or enforcing its rights.

This provision does not require a customer to pay The Wiggle Toy's legal expenses merely because the customer raises a legitimate claim or does not prevail.

Where applicable law independently provides for recovery of attorneys' fees or costs by a prevailing party, that law will apply.

Nothing in this provision limits any consumer right or statutory remedy that cannot lawfully be waived.

26. NO ORAL MODIFICATION

Employees, contractors, customer-service representatives, fulfillment providers, carriers, or other third parties do not have authority to permanently amend these Terms or our written policies unless the change is expressly authorized in writing by The Wiggle Toy.

A discretionary exception made for one customer or transaction does not obligate us to provide the same exception in another case.

27. SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent legally permitted or severed where necessary.

The remaining provisions will continue in effect.

28. NO WAIVER

Failure by The Wiggle Toy to enforce any provision of these Terms on one occasion does not waive our right to enforce that provision or another provision later.

29. CHANGES TO THESE TERMS

We may update these Terms from time to time.

The version posted or otherwise applicable at the time of purchase will generally govern that transaction unless applicable law requires otherwise.

Changes will not retroactively eliminate rights that have already accrued where applicable law prohibits doing so.

30. ENTIRE AGREEMENT AND POLICY RELATIONSHIP

These Terms, together with the policies expressly incorporated into them, constitute the applicable agreement between you and The Wiggle Toy concerning your use of the website and purchase of our products, subject to applicable law.

Our policies include, where applicable:

Return & Refund Policy;
Shipping Policy;
Privacy Policy; and
other policies presented during checkout or purchase.

For subjects specifically governed by one of those policies, the more specific policy controls over a general provision in these Terms.

31. CONTACT

For:

orders;
shipping;
tracking;
damaged items;
defective items;
returns;
refunds;
replacements; or
other customer-support matters,

contact: