Terms of Sale

Last modified: February 26, 2026

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS. PLEASE READ IT CAREFULLY. THESE TERMS OF SALE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

YOU MUST NOT ORDER FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT AT LEAST 18 YEARS OF AGE OR LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING OR USING THIS WEBSITE, ITS CONTENTS, OR THE PRODUCTS OFFERED ON THIS WEBSITE.

BY PLACING AN ORDER FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE.

These Terms of Sale apply to the purchase and sale of products through www.formadesign-studio.com (the “Website”). In addition to these Terms of Sale, your use of the Website is subject to our Website Terms of Service and our Privacy Policy.

These Terms of Sale are subject to change by The Step2 Company, LLC (“Step2,” “us”, “we”, “Forma” or “our” without prior written notice at any time in our sole discretion. The latest version of these Terms of Sale will be posted on this Website, and you should review these Terms of Sale prior to purchasing any product through this Website. Your continued use of this Website after a posted change in these Terms of Sale will constitute your acceptance of and agreement to such changes.

1.     Order Acceptance and Cancellation. You agree that your order is an offer to buy all products listed in your order under these Terms of Sale. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After receiving your order, we will attempt to send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by contacting us using any of the methods provided at https://www.formadesign-studio.com/pages/contact.

2.     Prices and Payment Terms.

o   All prices posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your order and will be itemized in your shopping cart and in your order confirmation e-mail. We reserve the right to limit the quantity of products sold to you. We are not responsible for pricing errors, typographical errors, or other errors in any offer by us. We reserve the right to, at any time prior to fulfillment, cancel any orders arising from such errors, for any other reason, or for no reason. All prices displayed on this Website apply only to the products available on this Website and may not reflect the prices of such products available through retail stores, other websites, or other sales outlets.

o   Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honored by your credit card or payment company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping charges.

3.     Shipments and Delivery.

o   We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process.

o   Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Title and risk of loss for the physical products pass to you upon delivery by the carrier.

o   If you receive your product via truck shipment (common carrier), you must not refuse delivery. If your truck shipment arrives damaged or something is missing, please note this on the driver's copy of the delivery receipt and immediately call our Customer Service Department at 1-866-656-2505, Monday - Friday, 8:00 am - 5:00 pm Eastern Time for further instruction. Truck shipments returned to Step2 due to incorrect shipping address or unscheduled delivery appointments will be subject to charges for the original and return shipping as well as a 20% restocking fee.

o   If you receive a product that is not functioning properly, please contact us using any of the methods provided at https://www.formadesign-studio.com/pages/contact.

4.     Returns and Refunds.

o   Except for replacement parts and other products that may be designated on the Website as non-returnable or non-refundable, we will accept a return of products purchased on the Website within the applicable return window described below, provided the products are returned in new condition, unassembled and in the original packaging. We do not accept returns of products purchased from other retailers or any other outlet. We do not accept product exchanges.

o   All returns must be requested within the applicable return window described below and require prior authorization. To request a product return, you must email formacustomerservice@step2.net.

o   Additional information about how to return or exchange an item can be found at https://www.formadesign-studio.com/policies/refund-policy.

5.     Limited Warranty. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.

WE WARRANT THAT, FOR THE WARRANTY PERIOD DEFINED BELOW, THE PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. 

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AT OUR SOLE DISCRETION. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AFFILIATES, LICENSORS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

• Who May Use This Warranty?

This limited warranty extends only to the original purchaser of products from the Website and trade team. It does not extend to any subsequent or other owner or transferee of the products.

• What Does This Warranty Cover?

This limited warranty covers defects in materials and workmanship that you notify us of during the Warranty Period.

• What Does This Warranty Not Cover?

This limited warranty does not cover any damage to products due to:

·      transportation or storage;

·      improper assembly, maintenance, or use;

·      failure to follow the product instructions for assembly, maintenance, or use;

·      modifications;

·      combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Step2;

·      normal wear and tear; or

·      external causes such as accidents, abuse, vandalism, or other actions or events beyond our reasonable control.

Additionally, this limited warranty does not include cosmetic issues (e.g., fading, scratches, etc.) from normal wear or dirt, water retention, internal or external surface contamination, or exposure to inclement weather or other environmental conditions. Inclement weather includes storms, tornados, hurricanes, hail, sleet, ice, moisture, rain, flooding, snow, sun, wind, etc.

• What is the Warranty Period?

This limited warranty starts on the date of your purchase and lasts for three (3) years, unless a shorter period is provided below (the “Warranty Period”):

·      Daycares and commercial settings: The Warranty Period for plastic products, and the plastic portion of mixed material products, that are placed into a daycare or commercial setting is six (6) months.

·      Wood Products: The Warranty Period for pretend play wood kitchens and similar items is ninety (90) days.

·      Hybrid Wood/Plastic Climbers and Playhouse Products: The Warranty Period for the wood components is one (1) year. The warranty period for the plastic and other components is three (3) years.

·      Battery-Operated Vehicles: The Warranty Period for batteries, motors, modules, fuses, wiring, switches and gearboxes is six (6) months. The Warranty Period for the body of battery-operated vehicles is one (1) year.

·      Inflatables: The Warranty Period for inflatables without water play is one (1) year. The Warranty Period for inflatables with water play is ninety (90) days.

·      Swings, fabric, cloth canopies, umbrellas, decals, play accessories, all other battery and electronic components (other than those in battery operated vehicles): The Warranty Period is one (1) year.

The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

• What Are Your Remedies Under This Warranty?

With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective product.

• How Do You Obtain Warranty Service?

To obtain warranty service, you must contact us using any of the methods provided at https://www.formadesign-studio.com/pages/contact during the Warranty Period. We reserve the right to reject warranty claims that we receive after the Warranty Period.

• Can I purchase replacement parts?

Limited replacement parts may be available for purchase, but not all parts are available. Please contact us using any of the methods provided at https://www.formadesign-studio.com/pages/contact for details. Replacement part sales are final and cannot be returned.

• What can you do in case of a dispute with us?

The dispute resolution procedure described below is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms of Sale.

6.     Limitation of Liability. THE REMEDIES DESCRIBED IN THESE TERMS OF SALE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF WARRANTY OR BREACH OF THESE TERMS OF SALE BY US. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT PRODUCTS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7.     Products Not for Resale or Export. You represent and warrant that you are buying products from the Website for your own personal or household use only, and not primarily for resale or export, unless otherwise approved by Step2. To protect our intellectual property rights, unauthorized resale of our products for personal or business profit is strictly prohibited. Any orders found to have characteristics of reselling will be cancelled. We do not ship to freight forwarders, and such orders may be canceled. You agree to comply with all applicable laws and regulations of the various states and of the United States including all export regulations.

8.     Intellectual Property Use and Ownership. You acknowledge and agree that Step2, its affiliates, and each of their licensors and other suppliers, are and will remain the sole and exclusive owners of all intellectual property rights in and to each product offered on this Website and any related specifications, instructions, documentation or other materials, including all related copyrights, patents, and trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights, and you are granted no rights or licenses to any such intellectual property rights. Any unauthorized use of such trademarks, copyrights, or other intellectual property rights is strictly prohibited and may give rise to civil or criminal liabilities

9.     Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown, or power outage.

10.   Governing Law. All matters relating to these Terms of Sale, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

11.   Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY – YOU AND STEP2 ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

EXCEPT AS PROVIDED BELOW, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF SALE (INCLUDING THEIR FORMATION, PERFORMANCE, AND BREACH) OR YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

o   Initial Dispute Resolution. We are available to address any concerns you may have regarding the products. We can resolve most concerns quickly to our customers’ satisfaction. You agree to use best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to you initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration. To adequately engage in initial dispute resolution, either party can notify the other party in writing of the facts of the dispute and all damages claimed (the “Dispute Notification”) and allow us at least thirty (30) days to respond.

o   Binding Arbitration.

·      If you and Step2 do not reach an agreed upon solution within thirty (30) days after receipt of the Dispute Notification, then either you or us may initiate binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org or by calling the AAA at +1-800-778-7879.) The United States Federal Arbitration Act will govern the interpretation and enforcement of this Section.

·      If the dispute has a claimed value of not more than US $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than 15 years’ experience as a practicing member of the bar in the substantive practice area related to the dispute. If the dispute has a claimed value of more than $250,000, or if Step2 elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel. Each party will select one member and the third member (who will be chair of the panel) will be selected by the two party appointed members or by the AAA.

·      Except as explicitly set forth in this Section, the arbitrator or panel will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator or panel will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator or panel will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

·      Arbitration will take place at any reasonable location within the United States convenient for the parties. You and we agree to submit to the personal jurisdiction of any federal or state court having jurisdiction in Cuyahoga County, Ohio in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

·      If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

o   Class Action Waiver. You and we agree to arbitration on an individual basis. IN ANY DISPUTE, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PERSONS OR ENTITIES IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's or entity’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

o   Exceptions

·      This Section will not apply to collections actions by Step2 if your credit card or other payment method is denied or reversed.

·      This Section will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to our intellectual property rights. You agree that such claims may be brought in the state or federal courts having jurisdiction in Cuyahoga County, Ohio and you waive any objection to jurisdiction and venue in such courts. 

·      Either party may elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in a small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement.

12.   Assignment and Third Party Beneficiaries. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.

13.   No Waivers. The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Step2.

14.   Notices.

o   To You. We may provide any notice to you under these Terms of Sale by sending a message to the e-mail address you provide or by posting to the Website. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.

o   To Us. To give us notice under these Terms of Sale, you must contact us by personal delivery, overnight courier or registered or certified mail addressed to The Step2 Company, Attn: Customer Service, 10010 Aurora-Hudson Road, Streetsboro, Ohio 44241 U.S.A. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective five business days after they are sent.

15.   Entire Agreement and Interpretation. Our order confirmation, these Terms of Sale, our Terms of Use, and our Privacy Policy, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale. If any provision of these Terms of Sale is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Sale, all of which shall remain in full force and effect. The words “include,” “includes,” and “including” are not limiting and are deemed to be followed by the words “without limitation.” The word “or” is not exclusive. Words denoting the singular have a comparable meaning when used in the plural, and vice-versa. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.