Terms of Use

 Leika Sensory Creations, LLC

Website limitations and language, as prepared by attorney Mark Western

  1. Website terms of use.

Your use of and browsing in this Site is at your risk. Neither Leika Sensory Creations nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Leika Sensory Creations also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Returns Policy

We do not accept returns, exchanges, or refunds, but please contact us within 48 hours of receiving your items to report any concerns or issues with our products.  

Shipping and Local Pickup Policy

Leika will be SHIPPING EVERY MONDAY (orders completed by noon Sunday) AND THURSDAY (orders completed by noon Wednesday), unless otherwise communicated.  We use priority mail to ship to you.  LOCAL PICKUP will be available for those in the Fargo/Moorhead area.  You are welcome to choose local pickup for WEDNESDAY 5PM-8PM (orders completed by noon Tuesday).  If you do not show up for your local pickup, your product will be available the following Wednesday.  If you do not pickup on either of the Wednesdays, your order will be restocked and no refund given.

A. Product Disclaimer. We may publish advice, FAQ, suggestions, or other recommendations on the Site in relation to the handling and care of certain products. These statements are not a warranty or promise of how a product or item will ship, look like, work, or last.  Because each product is handmade/curated, there will be slight differences in the color/texture/quantity of parts of  the sensory play product For example, temperature and humidity may affect the condition of the product. We also may take steps to address your satisfaction with packaging and delivery by including descriptions of our practices on the Site. Such descriptions are not a warranty or promise of how packaging or deliveries will occur. Moreover, all products include many small parts and pieces and a child’s use of the products should be under direct adult supervision.  Moreover, because of the small size of many pieces/parts of the product, it is suggested that the product only be used by children aged 3 years and above and are not mouthing (still sticking things in their mouth).  

  1. FURTHER LIMITATION OF LIABILITY 

IN NO EVENT WILL LEIKA SENSORY CREATIONS, OR ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, AND/OR EMPLOYEES (COLLECTIVELY, “LEIKA’S PARTIES”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE, TOOL, OR PRODUCT OFFERED THROUGH OR IN CONNECTION WITH THE SITE (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM: (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, OR PRODUCTS WE PROVIDE, OR ANY THIRD-PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY, (E) YOUR FAILURE TO KEEP YOUR SITE ACCESS CREDENTIALS SECURE AND CONFIDENTIAL, (F) YOUR ENGAGEMENT WITH OTHER USERS, (G) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, OR IN CONNECTION WITH, THE SITE, AND/OR (H) INTERACTION BETWEEN OUR SITE AND ANY THIRD-PARTY SERVICE, BY A TOOL OR SERVICE ON OUR SITE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

As permitted by applicable law, the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Leika’s Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).

EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, OR AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LEIKA’S PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID LEIKA IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (A) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY LEIKA’S PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY LEIKA’S PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (B) LEIKA’S PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY LEIKA’S PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (C) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST LEIKA’S PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

The parties agree that any and all use of this site and purchase of the products offered for sale on this site shall be governed by the law of North Dakota and any disputes therein shall be subject to the exclusive jurisdiction of the District Court of Cass County, State of North Dakota, and such venue is reasonable and appropriate under the circumstances of this transaction.