Terms of service

Effective Date: November 13, 2026 · Last Updated: November 13, 2026 · Version 1.0

1. About These Terms; How You Agree

1.1 These Terms of Service (“Terms”) are a legal agreement between you and goki America, Inc. (“goki America,” “we,” “us,” or “our”). They govern your use of goki-toys.com (the “Site”) and your purchase of products from us through the Site (“Products”).

1.2 How you agree. You accept these Terms when you (a) place an order after being shown a notice with a link to these Terms in your shopping cart or at checkout, or (b) create an account after being shown a link to these Terms. If you only browse the Site, the provisions of these Terms that govern use of the Site apply to you to the extent permitted by law.

1.3 If you do not agree to these Terms, please do not place an order or create an account.

1.4 PLEASE READ SECTION 11 (WARRANTIES), SECTION 16 (LIMITATION OF LIABILITY), AND SECTION 18 (DISPUTE RESOLUTION) CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS.

1.5 The Site runs on the Shopify e-commerce platform. goki America, not Shopify, is the seller of the Products and your contracting party.

2. Other Policies; Order of Precedence

2.1 The following policies are part of these Terms: our Shipping Policy and our Return & Refund Policy. Our Privacy Policy explains how we handle personal information. It is a notice, not part of this contract.

2.2 If these Terms conflict with the Shipping Policy or the Return & Refund Policy, the policy that is more favorable to you applies.

3. Changes to These Terms

3.1 We may update these Terms from time to time. We will post the updated Terms on the Site and change the “Last Updated” date above. If a change is material, we will also give reasonable advance notice, for example through a notice on the Site or by email to account holders.

3.2 Changes apply only going forward. The Terms in effect when you place an order apply to that order. Changes will not apply to any dispute that arose before the change took effect.

3.3 We keep prior versions of these Terms and will provide them on request.

4. Eligibility, Accounts, and Where We Sell

4.1 To place an order, you must have reached the age of majority in your state of residence (18 in most states) and be able to enter into a binding contract.

4.2 The Site is intended for consumers buying for personal, family, or household use. Retailers and other business customers should order through our Wholesale Portal, which is governed by separate terms. We may refuse or cancel orders that appear to be placed for resale.

4.3 We currently ship only to addresses in the 48 contiguous United States and Washington, D.C., as described in our Shipping Policy.

4.4 If you create an account, you are responsible for keeping your sign-in credentials confidential and for activity under your account that results from your failure to do so. Please tell us promptly at support@goki-toys.com if you believe your account has been compromised.

5. Children

5.1 Our Products are made for children, but the Site and our services are intended for adults. Children may not create accounts, place orders, or submit reviews.

5.2 We do not knowingly collect personal information from children under 13. If you believe a child has provided personal information to us, please contact us and we will delete it. See our Privacy Policy for details.

6. Products, Pricing, and Sales Tax

6.1 We work hard to describe and display our Products accurately, including materials, dimensions, age grading, and safety information. Many of our Products are made of natural wood and finished or painted by hand. Grain, color, and finish may therefore vary slightly from item to item and from the photos on the Site. These natural variations are not defects.

6.2 If we discover an error in a price or Product description, we may correct it. If the error affects an order you have already placed, we will tell you and give you the choice to confirm the order at the correct price or cancel it for a full refund.

6.3 All prices are in U.S. dollars. Prices do not include sales tax. We calculate and collect sales tax at checkout based on your shipping address and the laws of the destination state. In some states, sales tax also applies to shipping charges. We do not accept tax-exemption certificates on the Site. Exempt business customers should use our Wholesale Portal.

6.4 Promotions and discount codes are subject to any terms shown with the offer. Unless stated otherwise, only one code may be used per order. Codes have no cash value and may not be resold, and we may void codes obtained or used in violation of these Terms.

7. Orders, Acceptance, and Payment

7.1 Your order is an offer to buy. The automatic email we send after checkout confirms only that we received your order. We accept your order and a contract of sale is formed when we ship the Product and send you a shipping confirmation.

7.2 We may decline or cancel an order, in whole or in part, before we accept it. Reasons include unavailability, a pricing or description error, suspected fraud, quantity limits, or a suspected purchase for resale. If we cancel after you have been charged, we will issue a full refund to your original payment method.

7.3 You confirm that the payment and shipping information you provide is accurate and that you are authorized to use the payment method. You authorize us and our payment providers to charge the full order amount, including taxes and shipping, when you place your order.

7.4 Payments are processed by Shopify Payments, PayPal, and other providers shown at checkout. Their own terms and privacy policies also apply to your use of their services. We do not store your full payment card number.

8. Shipping, Delays, Title, and Risk of Loss

8.1 Shipping methods, costs, and processing times are described in our Shipping Policy. Estimated delivery dates are shown at checkout and in your shipping confirmation.

8.2 If we cannot ship on time. If we cannot ship your order within the time we stated (or, if we did not state a time, within 30 days after you placed your order), we will notify you, give you a revised shipping date, and let you choose to cancel the affected items for a prompt full refund. Refunds for cancelled items are issued to your original payment method within the time periods required by law.

8.3 Risk of loss and title. Risk of loss and title to the Products pass to you when the carrier delivers them to the shipping address you provided. If a package is lost or damaged in transit before delivery, please contact us and we will provide a replacement or refund as described in our Shipping Policy. We are not responsible for packages that the carrier confirms as delivered to the address you provided, unless the law requires otherwise. We will still help you file a claim with the carrier.

8.4 We are not responsible for delivery to an incorrect address that you provided. If you notice an address error, contact us immediately. We can change the address only before the order ships.

9. Returns and Refunds

9.1 Our Return & Refund Policy explains how returns work. In summary: you may return most unused items in their original, unopened packaging within 30 days of delivery. Items marked “final sale” or bought at a clearance price cannot be returned for change-of-mind reasons. This restriction is shown on the product page before you buy.

9.2 Defective, damaged, or incorrect items may always be reported to us, including final-sale items. We will cover return shipping and give you a replacement or a full refund, including original shipping charges, as you prefer.

9.3 Nothing in this Section limits any rights you have under applicable law.

10. Product Safety, Age Grading, and Recalls

10.1 Our toys are designed and tested for the age range shown on the product page and packaging. Please follow all age grading, warnings, assembly, and care instructions provided with each Product. Young children should play under adult supervision. Please check toys regularly for wear or damage, and stop using a damaged toy.

10.2 Some Products contain small parts, small balls, or marbles. They are not suitable for children under 3 years. Applicable warnings appear on the product page and on the packaging.

10.3 If you have a safety concern about one of our Products or an incident occurs, please contact us right away at support@goki-toys.com or 252-622-9829. You can also report a product-safety concern to the U.S. Consumer Product Safety Commission at SaferProducts.gov.

10.4 If one of our Products is recalled, we will post information on the Site and may contact purchasers using the contact details from their order.

11. Warranties

11.1 Products. We do not provide our own written warranty for Products unless a written warranty is expressly stated on the product page or in the packaging. Products are covered by any implied warranties, including the implied warranty of merchantability, that apply under the law of your state. Nothing in these Terms disclaims or limits those implied warranties or your remedies under applicable law.

11.2 The Site. THIS SECTION 11.2 APPLIES ONLY TO THE SITE AND ITS CONTENT, NOT TO PRODUCTS. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

12. Reviews and Other Content You Submit

12.1 You may submit product reviews, ratings, photos (where enabled), questions, and other content (“Your Content”), for example through our review provider Judge.me. Your Content must be honest, reflect your own experience, and comply with Section 14. Please do not include personal information you do not want to make public, and do not include images of children’s faces.

12.2 You keep ownership of Your Content. You grant us a non-exclusive, worldwide, royalty-free, perpetual license to host, display, reproduce, adapt (for example, by cropping or translating), and distribute Your Content in connection with the Site and our marketing, together with the display name you choose. You confirm that you have the rights needed to grant this license.

12.3 We welcome honest reviews, positive or negative. We do not remove or suppress reviews because they are negative. We may decline to publish or may remove content that is unlawful, harassing, obscene, or discriminatory; that contains personal information or third-party trade secrets; that is clearly unrelated to the Product; that is fake or misleading; or that infringes someone else’s rights. If we offer an incentive for a review, the incentive will not depend on whether the review is positive, and the review will be identified as incentivized.

12.4 Nothing in these Terms restricts your right to communicate your honest opinion about us or our Products, including under the Consumer Review Fairness Act (15 U.S.C. § 45b).

13. Intellectual Property; Copyright Complaints

13.1 The Site and its content, including text, graphics, logos, product photography, and the goki, HOLZTIGER, goki evolution, goki baby, and goki66 names and marks, are owned by or licensed to goki America and/or Gollnest & Kiesel GmbH & Co. KG. They are protected by copyright, trademark, and other laws.

13.2 We grant you a limited, revocable, non-transferable license to access and use the Site for personal, non-commercial shopping. You may not copy, reproduce, distribute, modify, or create derivative works from Site content without our prior written consent, except as permitted by law.

13.3 Copyright complaints. If you believe content on the Site infringes your copyright, please email us at support@goki-toys.com or write to goki America, Inc., Attn: Copyright, 4915 Arendell St. Ste J, PMB 238, Morehead City, NC 28557. Please identify the copyrighted work, the content you believe infringes it and where it appears on the Site, and your contact information. We will review your complaint and remove or disable access to infringing content where appropriate.

14. Prohibited Uses

You agree not to:

1. violate any applicable law or the rights of others;

2. infringe our or any third party’s intellectual property rights;

3. use bots, spiders, data-mining tools, or other automated means to access, collect, or copy Site content or data, or use Site content to train artificial-intelligence models, without our written consent;

4. transmit malware or interfere with the Site’s security, integrity, or operation;

5. impersonate any person or entity or misrepresent your affiliation;

6. submit fake reviews or reviews about products you have not used or received;

7. misuse discount codes, exceed quantity limits, or buy Products for resale through the Site; or

8. submit false order or payment information.

15. Third-Party Services and Links

The Site uses and links to third-party services that we do not control, including Shopify (and its Shop Pay and Shop app services), payment providers such as PayPal, shipping carriers, and review and notification apps. Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party websites or services that we do not operate.

16. Limitation of Liability

16.1 EXCLUDED DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 16.3, GOKI AMERICA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT.

16.2 CAP. TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 16.3, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY ORDER WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM, OR (B) US $100.

16.3 WHAT THIS SECTION DOES NOT LIMIT. SECTIONS 16.1 AND 16.2 DO NOT EXCLUDE OR LIMIT OUR LIABILITY FOR: (A) DEATH, BODILY INJURY, OR DAMAGE TO PROPERTY OTHER THAN THE PRODUCT ITSELF, CAUSED BY A PRODUCT OR BY OUR NEGLIGENCE; (B) LIABILITY UNDER ANY PRODUCT-LIABILITY LAW, INCLUDING STRICT LIABILITY; (C) FRAUD OR FRAUDULENT MISREPRESENTATION; (D) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (E) BREACH OF ANY IMPLIED WARRANTY THAT APPLIES UNDER SECTION 11.1, TO THE EXTENT YOUR STATE DOES NOT PERMIT ITS LIMITATION; OR (F) ANY OTHER LIABILITY OR CONSUMER RIGHT THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SEE SECTION 24 FOR STATE-SPECIFIC NOTICES.

17. Indemnification

17.1 You agree to defend and indemnify goki America against third-party claims, and the resulting losses and reasonable costs (including reasonable attorneys’ fees where permitted by law), to the extent they arise from (a) Your Content, (b) your intentional misuse of the Site, or (c) your violation of law or of a third party’s rights.

17.2 This Section does not apply to claims caused by our own negligence or misconduct. We will promptly notify you of any claim, and we may control the defense at our expense.

18. Dispute Resolution, Governing Law, and Venue

18.1 Talk to us first. Most concerns can be resolved quickly by contacting us at support@goki-toys.com. Before either of us files a lawsuit (other than in small claims court), the party with the dispute will send the other a written notice describing the issue and the relief requested. For you, this means notice by email to support@goki-toys.com. For us, this means notice to the email and mailing address associated with your order. We will both try in good faith to resolve the dispute within 30 days. Any statute of limitations or other deadline is paused (tolled) during this 30-day period.

18.2 Small claims. Either of us may bring an individual claim in small claims court in the county where you live or in Carteret County, North Carolina, if the claim qualifies.

18.3 Governing law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. This choice of law does not deprive you of the protection of any law of your state of residence that cannot be waived by contract.

18.4 Venue. Subject to Section 18.2 and to any non-waivable right to bring a claim in your home state, any lawsuit arising out of or relating to these Terms, the Site, or any Product will be brought in the state courts located in Carteret County, North Carolina, or in the United States District Court for the Eastern District of North Carolina. You and we consent to the personal jurisdiction of those courts.

18.5 These Terms do not contain an arbitration agreement or a class-action waiver.

19. No Subscriptions or Automatic Renewals

We do not currently offer subscriptions or charge you on a recurring basis. Signing up for our newsletter or for back-in-stock notifications does not create any payment obligation. If we offer a subscription in the future, it will be governed by separate terms that you must accept before we charge you.

20. Suspension and Termination

20.1 We may suspend or close your account, or restrict your access to the Site, if you violate these Terms, if we reasonably suspect fraud, or if your conduct harms us, other customers, or third parties. Where reasonable, we will notify you.

20.2 Suspension or termination does not affect orders that we have already accepted, or any refund to which you are entitled. You may close your account at any time by contacting us.

20.3 Sections 2, 6.2, 8.3, 11, 12.2, 13, 16, 17, 18, 23, and 24 survive any termination.

21. Electronic Communications

21.1 You agree that we may send you transactional communications, such as order confirmations, shipping notices, and notices required by law, electronically to the email address you provide. Electronic communications satisfy any legal requirement that a communication be in writing.

21.2 Marketing emails are sent only as described in our Privacy Policy, and you can unsubscribe at any time. We will send marketing text messages only if you separately opt in.

22. Events Beyond Our Control

We are not responsible for delays or failures caused by events beyond our reasonable control, such as severe weather, natural disasters, carrier or port disruptions, labor disputes, public-health emergencies, government actions, or internet or utility outages. This Section does not limit your right to cancel and receive a refund under Section 8.2 or under applicable law.

23. General Terms

23.1 Severability. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

23.2 Entire agreement. These Terms, together with the policies listed in Section 2.1 and any terms shown at checkout, are the entire agreement between you and us about the Site and your purchases. They supersede prior agreements on these subjects.

23.3 No waiver. If we do not enforce a provision, that does not waive our right to enforce it later.

23.4 Assignment. You may not transfer your rights under these Terms without our consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets, provided your rights are not reduced.

23.5 Third-party beneficiaries. Gollnest & Kiesel GmbH & Co. KG may enforce Section 13. Otherwise, these Terms do not create rights for any third party.

23.6 Headings and language. Headings are for convenience only. If we provide a translation, the English version controls.

24. State-Specific Notices

24.1 California residents. Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: The Site is provided by goki America, Inc., 4915 Arendell St. Ste J, PMB 238, Morehead City, NC 28557, 252-622-9829. There is no charge for using the Site; the prices of Products are shown on the Site. To resolve a complaint or receive further information, contact us at support@goki-toys.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

24.2 New Jersey residents. Nothing in Sections 11.2, 16, or 17 limits any right or remedy you have under the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), the New Jersey Products Liability Act (N.J.S.A. 2A:58C-1 et seq.), the New Jersey Punitive Damages Act (N.J.S.A. 2A:15-5.9 et seq.), or the Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 et seq.). To the extent those Sections would do so, they do not apply to you.

24.3 Other states. Some states do not allow the exclusion or limitation of implied warranties or of incidental or consequential damages in consumer transactions. In those states, those exclusions or limitations apply to you only to the extent permitted by the law of your state.

25. Accessibility

We want everyone to be able to shop with us. We aim to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have difficulty using any part of the Site, please contact us at support@goki-toys.com or 252-622-9829. We will help you find the information you need or complete your order by other means.

26. Contact Us

goki America, Inc.
4915 Arendell St. Ste J, PMB 238
Morehead City, NC 28557
Email: support@goki-toys.com
Phone: 252-622-9829
Hours: Monday–Friday, 10 a.m.–3 p.m. ET

Legal notices: goki America, Inc., Attn: Legal, 4915 Arendell St. Ste J, PMB 238, Morehead City, NC 28557