THE TERMS & CONDITIONS OF ESCTOY.COM

Updated 01/23/25

Use of this site or engagement of ESC in any business activity signifies your agreement to the Terms and Conditions of Use.

Terms and Conditions:

Please carefully read the following terms and conditions. By accessing this site, you agree to the terms and conditions. If you do not agree to them, do not use this site, and/or conduct business with ESC-TOY LTD. These Terms and Conditions are subject to change at any time without prior notice. ESC-TOY LTD reserves the right to modify, update, or revise these terms at its sole discretion. Your continued use of this site or continued business with ESC-TOY LTD following any changes constitutes your acceptance of the revised terms. We encourage you to periodically review this page for the latest information on our Terms and Conditions.

  1. Restrictions on Use of Materials: this site is owned and operated by ESC-TOY LTD. The content of this site, as well as the products, trademarks, designs and logos shown and/or used herein, are copyright and trademark protected and all intellectual property rights of ESC-TOY LTD. along with other respective rights holders. All artwork is the exclusive property of Erick Scarecrow, ESC-TOY LTD., and/or STUDIO SUPR RICO LLC and their respective owners. Nothing in this site should be construed as granting any right to use any photo, emails, trademarks, artworks or logos. It is prohibited to duplicate, reproduce or distribute any information from this site without ESC-TOY LTD's consent.

  2. External Links to Other Sites: This website may contain external links which permit you to leave the site and access other web sites. Links are provided for your convenience only. A link does not mean that ESC-TOY LTD. promotes or accepts responsibility for the content of such other sites.

  3. Disclaimers. THE CONTENT OF THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ESC-TOY LTD. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). ESC-TOY LTD. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE CONTENT OF THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ESC-TOY LTD. SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE, THIS SITE OR ANY DOWNLOADED MATERIALS.

  4. Communications. ESC-TOY LTD. loves hearing from its customers and welcomes your comments. However, any comments and/or information (including creative ideas or inventions) that you transmit will be treated as non-confidential and ESC-TOY LTD. shall have no liability for disclosure or use thereof.

  5. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Nevada without regard to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, this site must be brought in a court located within the County of Clark, State of Nevada.

  6. Termination. This agreement is effective until terminated by either you or ESC-TOY LTD. You may terminate it at anytime. ESC-TOY LTD. may terminate this agreement at any time and without any given notice at ESC-TOY LTD's sole discretion, if you fail to comply with any term or condition of this agreement. Upon termination, you agree to destroy all materials obtained from this site.

  7. Please note that all sales are final. No goods that are bought from our online shops or trade shows are refundable, returnable, or eligible for cancellation.

  8. Staff Safety and Customer Conduct. ESC-TOY LTD prioritizes staff safety. Per Nevada Revised Statutes 207.200 (Trespass) and 203.010 (Breach of Peace), we reserve the right to refuse service to anyone showing disruptive, threatening, or disrespectful behavior whether online, in-studio, at trade shows, or through any communication channel. This includes but is not limited to: harassment, verbal abuse, threats, intimidation, aggressive behavior, or any conduct that creates a hostile environment for our staff or other customers. Any customers that are disrespectful, vulgar or harass in any form whether verbally, mail or electronic email to any employee of ESC-Toy Ltd., we reserve the right to refuse service and cancel any existing orders before goods are shipped. Local authorities will be contacted if needed to ensure staff safety, and ESC-TOY LTD will pursue prosecution and press charges to the fullest extent permitted by law. NO DRUGS, DRUG USE, OR DRUG PARAPHERNALIA are permitted on ESC-TOY LTD premises or during any customer visits. Any violation will result in immediate removal from premises, order cancellation, and law enforcement notification. Violations may also result in permanent banning from all ESC-TOY LTD sales channels and events.

  9. All collectible vinyl, resin, and plush figures are for ages 15 & UP.

  10. In order to avoid fraudulent charges, all orders are now processed within 5-7 business days, the day after the order is received, or after payment has cleared. Please note that PayPal ECHECK payment methods take additional time to clear. We will not delay or hold any orders by request.

  11. All orders are shipped with the addresses placed on file. Requests for changes of shipping address are not guaranteed.

  12. For orders that are covered with parcel insurance, all customers have 180 days from day of purchase to contact ESC-TOY LTD. via email in the event the parcel isn't received. After 180 days from the date of shipping no insurance claims can be made.

  13. Note that all inquires sent via email are answered within 5-7 business days during business hours.

  14. All goods are shipped within North America unless otherwise stated. We are not responsible for any custom charges made by local governments abroad. These are done at random which we do not have control over. For more information, please contact your local government in regards to this matter.

  15. All customers that use digital modifiers, apps, plug-ins and/or any other software to bypass our e-commerce settings in conjunction with purchasing large quantities not authorize by ESC-TOY LTD is strictly prohibited.

  16. All inventory warehoused by ESC-TOY LTD (Nevada location or other locations) are subject to local state law. Invoices for inventory not paid are subject to be held until payment is settled.

  17. All collaborations between ERICK SCARECROW and DEVOLVER DIGITAL are the copyright and trademark of ESC-Toy, Ltd., Erick Scarecrow, and Devolver Digital/SIE. The copyright and trademark for all other items belong to ERICK SCARECROW, 9DKP LLC, STUDIO SUPR RICO LLC, and LVLUP EXPO LLC.

  18. Audio and Video Surveillance Notice. ESC-TOY LTD uses audio and video surveillance systems on Company premises and during Company operations. Video surveillance cameras may be in operation in common areas, work areas, and other locations throughout Company facilities for security, safety, and operational purposes. In accordance with Nevada Revised Statutes ยง 200.620, Nevada is a one-party consent state for audio recordings. By entering Company premises, engaging in business with ESC-TOY LTD, or communicating with Company representatives, you acknowledge and consent that: (a) audio recording devices may be in use in conjunction with video surveillance systems; (b) telephone calls, video conferences, voicemails, and other communications with ESC-TOY LTD may be monitored and/or recorded for training, quality assurance, and business purposes; and (c) any party to a conversation with Company representatives may record such conversations. Your continued presence on Company premises or continued business relationship with ESC-TOY LTD constitutes your acknowledgment of and consent to such surveillance and monitoring activities. The Company will use recordings solely for legitimate business purposes including security, loss prevention, employee training, quality assurance, legal compliance, and operational efficiency.

  19. Age Restrictions and Parental Consent. This website and all products sold by ESC-TOY LTD are intended for persons aged 15 years and older. By using this website or purchasing our products, you represent that you are at least 15 years of age. If you are under 18 years of age: (a) you may only use this website and make purchases with the involvement and consent of a parent or legal guardian; (b) your parent or guardian must review and agree to these Terms and Conditions; and (c) any purchases must be made by or with the express permission of your parent or guardian who agrees to be bound by these terms. Parents and guardians are responsible for supervising minors' use of this website and assume full responsibility for any purchases made by minors under their care. ESC-TOY LTD reserves the right to refuse service, terminate accounts, or cancel orders at our discretion if we believe these age requirements are not being met.

  20. Product Safety and Disclaimers. IMPORTANT: ESC-TOY LTD products are collectible works of art intended for display purposes and are NOT TOYS. These products: (a) may contain small parts that pose a choking hazard; (b) may have sharp points, edges, or fragile components; (c) are not intended for children under 15 years of age; (d) should be kept away from pets; and (e) are not safety tested for play. Adult supervision is required for anyone under 18 handling these products. Product Variations: Due to the handmade and/or limited nature of our collectible art pieces: (a) slight variations in paint application, color, size, and design details may occur between individual pieces; (b) product photos are for reference only and actual products may vary; (c) prototype images may differ from final production pieces; (d) limited edition numbers, if applicable, are randomly assigned; and (e) packaging may vary or show signs of shelf wear. These variations are considered normal characteristics of original works of art and do not constitute defects. By purchasing, you acknowledge and accept these inherent variations in collectible art products.

  21. Shipping, Transit Damage, and Insurance Claims. Risk of Loss: Risk of loss and title for all products pass to you upon delivery to the carrier. ESC-TOY LTD is not responsible for lost, stolen, or damaged packages once they have been transferred to the shipping carrier. All shipping times are estimates only and are not guaranteed. Insurance and Customer Obligations: For your protection, ESC-TOY LTD may purchase shipping insurance on your behalf for qualifying orders. In the event of loss, damage, or non-delivery, you agree to: (a) Promptly notify ESC-TOY LTD within 48 hours of the expected delivery date or upon discovering damage; (b) Fully cooperate with and participate in all insurance claim procedures, including but not limited to: providing photographs of damaged items and packaging, completing claim forms, filing reports with local authorities if required, providing sworn statements or affidavits, and retaining all original packaging materials; (c) Respond to all insurance carrier inquiries within 72 hours; (d) Not dispose of damaged items or packaging until the claim is resolved; (e) File a police report for stolen packages if requested by the carrier or insurer. Failure to Comply: YOUR FAILURE TO COMPLY WITH ANY INSURANCE CLAIM REQUIREMENTS OR DEADLINES WILL RESULT IN AUTOMATIC CLAIM DENIAL AND FORFEITURE OF ANY RIGHT TO REFUND, REPLACEMENT, OR COMPENSATION. ESC-TOY LTD cannot process refunds or replacements for insured shipments unless and until the insurance claim is approved. Documentation Requirements: You must provide clear, time-stamped photographs showing: (1) all sides of the external shipping box, (2) all internal packaging materials, (3) all angles of any damaged products, and (4) shipping labels and tracking information. Video documentation may be required for high-value orders. Claim Processing: Insurance claims typically take 15-30 business days to process. ESC-TOY LTD will assist with claim filing but is not responsible for insurance company decisions or delays. Approved claims will be remedied according to the insurance settlement terms, which may include replacement (subject to availability) or refund. Uninsured Shipments: If you decline insurance or insurance is unavailable, you accept all risk of loss or damage during transit. ESC-TOY LTD strongly recommends insurance for all orders and is not liable for uninsured shipments. International Shipments: Additional documentation may be required for international claims, including customs forms and import/export documents. Failure to properly declare package value to customs voids insurance coverage.

  22. Third-Party Fulfillment and Service Providers. ESC-TOY LTD may utilize third-party vendors, warehouses, fulfillment centers, or service providers to process, pack, and ship orders on our behalf. Additionally, ESC-TOY LTD may provide fulfillment services for other websites, brands, or retailers. By placing an order, you acknowledge and agree that: (a) Your order may be fulfilled by ESC-TOY LTD directly or by our authorized third-party partners; (b) Your shipping information and order details may be shared with third-party fulfillment providers solely for the purpose of completing your order; (c) Packages may arrive with different return addresses, packaging, or shipping labels than ESC-TOY LTD branded materials; (d) These Terms and Conditions apply regardless of which entity physically fulfills your order; (e) ESC-TOY LTD remains responsible for customer service but is not liable for delays or errors caused by third-party fulfillment partners beyond our reasonable control; (f) Third-party fulfillment partners must comply with ESC-TOY LTD's quality standards, but ESC-TOY LTD is not responsible for their independent actions or omissions; (g) Insurance, shipping, and damage claims procedures outlined in these terms apply regardless of fulfillment method.

Thank you!