Terms of service
Applicability
These Terms of service are effective from 2025-09-12 and replace previously published terms.
These Terms of service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Arctosoft AB ("we", "us", or "our"), a company registered in Sweden with registration number 559217-9724, concerning your access to and use of the https://toybite.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, "Toybite", the "site" or "service").
Users who use, visit, buy or sell on Toybite accept these terms and conditions by using the service.
General conditions
By registering an account or using a guest account, you agree to and are bound by the terms and conditions in this document, including the Privacy Policy and other linked terms and conditions.
We reserve the right to delete or edit data and advertisements belonging to you, and to limit, lock, or close accounts that violate our terms and conditions without prior notice. We are not responsible for lost data, information, money, images or the like as a result of using our services.
To comply with local regulations, regulatory requirements and police matters, we reserve the right to monitor all communications and information that reaches our servers.
If your account is restricted or suspended, you may not create a new one to circumvent these restrictions. Attempting to circumvent this may result in the suspension of all old accounts as well as any new accounts you create.
Only individuals from the following countries are allowed to use and make purchases on Toybite:
Åland Islands, Albania, Andorra, Angola, Antarctica, Argentina, Armenia, Aruba, Australia, Austria, Bahamas, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, British Indian Ocean Territory, Brunei, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Cayman Islands, Central African Republic, Chad, Chile, Colombia, Comoros, Cook Islands, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic, East Timor, Ecuador, Egypt, El Salvador, Estonia, Falkland Islands, Faroe Islands, Fiji Islands, Finland, France, French Guiana, French Polynesia, French Southern territories, Gabon, Gambia, Georgia, Germany, Gibraltar, Greece, Greenland, Guam, Guatemala, Guinea, Guinea-Bissau, Haiti, Honduras, Hungary, Iceland, Indonesia, Ireland, Israel, Italy, Japan, Jordan, Kazakhstan, Kenya, Kiribati, Kyrgyzstan, Laos, Latvia, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Mali, Malta, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Mozambique, Myanmar, Nauru, Nepal, Netherlands, Netherlands Antilles, New Caledonia, New Zealand, Nicaragua, Niger, Niue, North Macedonia, Norway, Palestine, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn, Poland, Portugal, Puerto Rico, Reunion, Romania, Saint Helena, Saint Lucia, Saint Pierre and Miquelon, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome and Principe, Senegal, Serbia, Seychelles, Sierra Leone, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, South Sudan, Spain, Sri Lanka, Svalbard and Jan Mayen, Sweden, Switzerland, Tajikistan, Tanzania, The Democratic Republic of Congo, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Kingdom, United States, Uruguay, Uzbekistan, Vanuatu, Venezuela, Western Sahara, Zambia, Zimbabwe.
Accounts and use of the service
You must be at least 18 years of age and have read and understood all parts of this Agreement to use the Service.
- By using the service, you agree to:
- To provide accurate and truthful information about you, your company and your products.
- To only have one account on Toybite, and not to impersonate other users, real people, companies or associations.
- Not to use or publish names, text or media that could be seen as offensive or inappropriate.
- Not to share or give your account to other people.
- That you are responsible for everything that happens with your account.
- Not to use our services to engage in fraud or perform other illegal activities.
- Not to interfere with or hinder our services, servers, networks or users.
- Not to send unsolicited mass messages, data or the like.
- Not to send or publish data, photos or files that contain malicious code, such as viruses, Trojans or the like.
- Not to send or publish data that is against Swedish or international law.
Scanning, testing, probing and similar activities against our systems and servers are not permitted without prior written approval from us. Unauthorized access to our systems, servers, accounts or data that you do not own, as well as the use of bots or other tools to copy, distribute or use data from our services or websites is not permitted. Abnormal use of the service that negatively affects the performance of the service, or that otherwise prevents other users from accessing or using the service is also not permitted.
Our services, including its data, such as images, texts and other media, may not be used for machine learning ("AI learning") or similar purposes.
We are continuously purging inactive accounts. Accounts that have not been used for a year or more will be deactivated or deleted. Inactive sellers will be warned well in advance of the seller account being set as inactive or deleted.
Your content
All content that you as a user upload through the Service is yours. By uploading text, files, photos or other data through the Service, you grant us a non-exclusive, worldwide, royalty-free, transferable right and license to use, change, modify, store, share, display and distribute said data.
These permissions are used only to operate and market the service, and do not give us any right to use the permission and its associated data outside the scope of the service. For example, to be able to display product advertisements, Toybite uses text and images that the seller uploads.
You may only upload content that you own or otherwise have the right to use.
Toybite is a marketplace for handmade adult toys. Therefore, we only allow products that are made, designed or assembled by you. Generally, everything that is mass-produced or products that you have not made yourself are not allowed on Toybite. You may also not upload material that is offensive, abusive, threatening, or of pornographic nature, or that otherwise violates the Seller terms of service.
Sellers
If you register as a seller you agree to the Seller Terms and Product Policy.
Service and availability
Our services, systems and websites may change at any time without notice. We reserves the right, without compensation, to limit, restrict, suspend or modify the service at any time, which may prevent your access to it.
Our services are offered as is, and we are not responsible for: that the service works, that the service meets your requirements for the service, that the service is error-free and does not contain any bugs, that you may get into a dispute with other users and actions from external actors. This means that we have no obligation to compensate you for any direct or indirect damage, loss of profit or the like.
The Service is a marketplace that allows users to post, sell and buy products. We are not responsible for posted products, and has no control over and is not a party to any agreements between buyers and sellers. We regularly review content posted on the Service, however, you cannot assume that everything posted is accurate, valid or legal simply because it is listed on the Service.
Purchases & payment
When making a purchase on Toybite, you agree to the seller's own shop policies, as stated on their shop page, and you agree to pay, using the provided payment alternatives, the full amount shown at checkout, including product costs, delivery fees, taxes, VAT, currency exchange fees, and any other stated fees. You are also responsible for paying all import fees, if any, when the purchased items arrive at the destination country.
We and our sellers reserve the right to refuse any orders placed through the Service, and, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by fraudulent means or by parties we suspect of being under the age of 18.
Delivery guarantee
If a product you purchased did not arrive or if an item was not as described:
- Contact the seller directly and they will help you resolve the issue. Resolutions include a replacement item at no extra cost or a full or partial refund.
- Contact the support if you are unable to resolve it on your own or if you are unhappy with the resolution offered by the seller.
For a product to be considered successfully delivered, the shipment must have a valid tracking number and a delivery status of Delivered (or similar proof of delivery).
Returns, exchanges & cancellations
Each individual shop sets their own refund, cancellation and exchanges policy. Please refer to the shop's store page to see their policies.
Complaints and disputes
If you are in a dispute with a seller or other user, you should first try to reach an agreement with the other party yourself.
If you are unable to resolve it on your own, if the other party is not responding for three days, or if you are not happy with the resolution offered by the seller, please contact the support to open a case. Opened cases will be reviewed by Toybite who can mediate with the seller and buyer to make sure that the seller follows all policies and provide a resolution, such as a full or partial refund to the buyer. If the buyer files a chargeback they are unable to also open a case with Toybite at the same time.
We are not responsible for any claims, damages, lawsuits, losses or costs resulting from a dispute with a seller, other user or third party. We do not compensate for costs incurred directly or indirectly in the use of the service, in the event of technical errors, failure to publish or the like.
You as a user undertake to hold us harmless in the event of a dispute with a third party that demands compensation from us due to user-published content or due to you as a user violating the terms of service.
IP infringement & DMCA takedowns
We respect the intellectual property of others and takes the protection of intellectual property very seriously, and we ask users to do the same. Infringing activity will not be tolerated on or through the Service.
Our intellectual property policy is to: (i) remove or disable access to material that we believe in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any user content uploaded to the Service by "repeat infringers" We consider a "repeat infringer" to be any user that has Posted user Content and for whom we have received more than three take-down notices. We have discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon our own determination.
If you believe that any content made available on or through our Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to support@toybite.com. Your Notification of Claimed Infringement may be shared by us with the user alleged to have infringed a right you own or control, and you hereby consent to us making such disclosure. Your communication must include substantially the following:
- A signature of a person authorised to act on behalf of the intellectual property owner whose right has been allegedly infringed upon. Signatures may be provided electronically by typing your name
- Identification in sufficient detail of the work allegedly infringed upon
- Identification of the allegedly infringing material on Toybite including the specific location of the material so that we can find it. For listings, please provide the listing URL to each item you allege is infringing.
- The name of the intellectual property owner and contact information for the notifier, including name, address, telephone number, and email address
- A statement that the notifier has a good faith belief that the material is not authorised by the intellectual property owner, its agent, or the law
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorised to make the complaint on behalf of the copyright owner.
If you misrepresent that material is infringing, you may be liable for damages (including costs and lawyers' fees). Therefore, if you are not sure whether the material is infringing, please contact a lawyer before submitting a notice to us. Fraudulent or abusive notices or other misuse may result in account termination or other legal consequences.
If you receive a notification from us that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide us with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to support@toybite.com and include substantially the following information:
- Your signature, which may be provided electronically by typing your name
- Identification of the material that has been removed or to which access has been disabled. For listings, please provide the listing URL to each item before it was removed or disabled
- A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
- Your name, address, telephone number, and email address.
If you misrepresent that material is not infringing, you may be liable for damages (including costs and lawyers' fees). If you are not sure whether or not the material is infringing, please contact a lawyer before submitting a counter notice to us. Fraudulent or abusive counter notices or other misuse may result in account termination or other legal consequences.
Right of withdrawal, purchase between private individuals and payments
In Sweden and other countries, the right of withdrawal usually applies for 14 days when you, as a private individual, buy from a company remotely. You do not have a right of withdrawal when buying from a private individual or when purchasing specially manufactured goods (unless the seller has stated otherwise).
Reviews
Reviews and product ratings can only be left by verified customers of a store. Once an order has been marked as completed, the customer can leave a review for each item. Reviews are left on the order page under My purchases or via the order link sent by email. Reviews are moderated by us and we reserve the right to decline or delete reviews that deemed not to be relevant to the product, purchase or delivery, or that deal with matters outside the seller's control (e.g. delayed deliveries). Reviews may not contain personal or other sensitive information.
Force majeure
We are not liable for damage resulting from strikes, fires, acts of government, labor disputes, accidents, errors or delays by subcontractors, outages or disruptions in public communication systems or other circumstances beyond our control and which we could not reasonably be expected to anticipate and the consequences of which we could not reasonably have avoided or overcome ("Force Majeure").
Disclaimer of warranties & limitations of liability
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCT, OR FROM ANY INFORMATION, CONTENT, MATERIALS MADE AVAILABLE TO YOU THROUGH ANY TOYBITE PRODUCT LISTING, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ALL ITEMS FOR BONDAGE, STIMULATION OR ANY OTHER PRODUCT CATEGORY ARE FOR ENTERTAINMENT PURPOSES AND SHOULD ONLY BE USED WITH CONSENSUAL PARTNERS DURING LAWFUL ACTIVITIES. CAUTION MUST ALWAYS BE USED AND CUSTOMERS PURCHASING FROM TOYBITE AND ANY ITEMS FROM ITS LISTED SHOPS ASSUME ANY AND ALL RISKS ASSOCIATED WITH PRODUCTS PURCHASED AND WILL NOT HOLD US OR ITS LISTED SHOPS RESPONSIBLE FOR ANY INJURY OR DEATH RESULTING FROM PRODUCTS PURCHASED. EDUCATIONAL CONTENT LISTED ON THE WEBSITE, BLOG OR SOCIAL MEDIA IS FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. MEDICAL ADVICE FROM A CERTIFIED MEDICAL PROFESSIONAL SHOULD BE OBTAINED PRIOR TO PARTICIPATING IN ANY SEXUAL ACTS OR EXTREME ACTS OF EXERTION AND WE ARE NOT RESPONSIBLE FOR ANY INJURY OR DEATH RESULTING FROM THE USE OF ANY PRODUCTS PURCHASED FROM TOYBITE.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Our platform facilitates the sale of products by independent third-party sellers. As such, we do not provide any warranties regarding the quality, safety, or legality of the products offered. Any claims or disputes concerning a product should be directed to the respective seller. By making a purchase through the platform, you acknowledge and agree to release us from any liability arising from product defects, misinformation, or physical injury resulting from items sold by third-party vendors on the platform.
Changes in this Agreement
We reserve the right to change these terms and conditions at any time. Changes to this agreement will be announced in advance before the changes come into effect. By continuing to use the service after a change to the terms and conditions has been made, you also agree to the new terms and conditions. If you do not agree to the new terms and conditions, you are welcome to terminate your account.
This Agreement, including all other policies listed here, as well as the Privacy Policy, supersedes any previously published agreements regarding the Service by us.
Contact information
Toybite is operated by:
Arctosoft AB
Org.nr. 559217-9724
VAT.nr. SE559217972401
Sweden