Terms and Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access
to and use of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and conditions, please
do not use this site.
This Site is owned and operated by
Outsmarketing Ltd trading as kidstoyworld.co.uk ("Kidstoyworld") a
company incorporated in England
& Wales
with company number 07491493. Kidstoyworld�s registered office is at 11 Flint Street, West
Thurrock, Essex, RM20 3HA. VAT Number GB105637430.
PRIVACY POLICY
At Kidstoyworld we are committed to protecting
your privacy and we comply with the Data Protection Laws applicable to the UK. We use the
information collected from you to process orders and to provide a more
personalised shopping experience. Please see our Privacy Policy for further
details.
COPYRIGHT AND TRADEMARKS
All Site design, text, graphics, the selection
and arrangement thereof, and all software compilations, underlying source code,
software (including applets) and all other material on this Site are the
copyright of Kidstoyworld and its affiliates, or their content and technology
providers. All rights reserved.
Permission is granted to electronically copy
and to print in hard copy portions of the Site for the sole purpose of placing
an order with us or using the Site as a shopping resource. Any other use of
materials on this Site, including reproduction for purposes other than those noted
above, modification, distribution, or republication, without our prior written
permission, is strictly prohibited.
All brand names, product names and titles used
in the Site are trade marks or trade names of their respective holders. No
permission is given in respect of the use of any of these names or titles and
moreover any such use may constitute an infringement of the holders' rights.
MATERIAL YOU PROVIDE TO US
If you send ideas, comments, questions, photographs,
videos, data, graphics or the like ("the Submissions") to the Site,
these will be deemed to be non-confidential and we will be entitled to use or
disclose the Submissions in any manner whatsoever, without liability or notice
to you. The Submissions or any other information you send to the Site should
not be, or contain, material which is offensive, pornographic, defamatory,
blasphemous, unlawful or likely to infringe any applicable law, whether civil,
criminal or religious. You agree that all material submitted to us is original
to you, and not copied in whole or part from any third party. Please do not
send anything which is required to be kept confidential.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Kidstoyworld may link
to sites operated by third parties. However, even if the third party is
affiliated with Kidstoyworld, Kidstoyworld has no control over these linked
sites, all of which have separate privacy and data collection practices,
independent of Kidstoyworld. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless, Kidstoyworld seeks
to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it
links to as well (including if a specific link does not work).
LIMITATION OF
LIABILITY
Kidstoyworld
shall not be liable for any special or consequential damages that result from
the use of, or the inability to use, the materials on this site or the
performance of the products, even if Kidstoyworld has been advised of the
possibility of such damages. Applicable law may not allow the limitation of
exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
TYPOGRAPHICAL ERRORS
In the event
that a Kidstoyworld product is mistakenly listed at an incorrect price, Kidstoyworld
reserves the right to refuse or cancel any orders placed for product listed at
the incorrect price. Kidstoyworld reserves the right to refuse or cancel any
such orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and your
order is cancelled, Kidstoyworld shall issue a credit to your credit card
account in the amount of the incorrect price.
TERM; TERMINATION
These terms and
conditions are applicable to you upon your accessing the site and/or completing
the registration or shopping process. These terms and conditions, or any part
of them, may be terminated by Kidstoyworld without notice at any time, for any
reason. The provisions relating to Copyrights, Trademark, Disclaimer,
Limitation of Liability, Indemnification and Miscellaneous, shall survive any
termination.
NOTICE
Kidstoyworld may deliver notice to
you by means of e-mail, a general notice on the site, or by other reliable
method to the address you have provided to Kidstoyworld.
USE OF SITE
Harassment in
any manner or form on the site, including via e-mail, chat, or by use of
obscene or abusive language, is strictly forbidden. Impersonation of others,
including a Kidstoyworld or other licensed employee, host, or representative,
as well as other members or visitors on the site is prohibited. You may not
upload to, distribute, or otherwise publish through the site any content which
is libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may constitute or
encourage a criminal offense, violate the rights of any party or which may
otherwise give rise to liability or violate any law. You may not upload
commercial content on the site or use the site to solicit others to join or
become members of any other commercial online service or other organisation.
PARTICIPATION DISCLAIMER
Kidstoyworld
does not and cannot review all communications and materials posted to or
created by users accessing the site, and is not in any manner responsible for
the content of these communications and materials. You acknowledge that by
providing you with the ability to view and distribute user-generated content on
the site, Kidstoyworld is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability relating to any
contents or activities on the site. However, Kidstoyworld reserves the right to
block or remove communications or materials that it determines to be (a)
abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c)
in violation of a copyright, trademark or; other intellectual property right of
another or (d) offensive or otherwise unacceptable to Kidstoyworld in its sole
discretion.
INDEMNIFICATION
You agree to indemnify, defend, and
hold harmless Kidstoyworld, its officers, directors, employees, agents,
licensors and suppliers (collectively the "Service Providers") from
and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of these terms and conditions or
any activity related to your account (including negligent or wrongful conduct)
by you or any other person accessing the site using your Internet account.
SALE AND PURCHASE
We will sell and you will purchase products
subject to our terms and conditions of business set out below. The contract in
respect of the products supplied by us to you comes into existence when your
order has been accepted by us. For the avoidance of doubt, receipt of an order
via our Site does not constitute acceptance of an order.
PRODUCT DESCRIPTION
We aim to describe each product as accurately
as possible. However, where products are individually hand crafted, this may
cause the materials, design and colour to vary from those illustrated.
Consequently we cannot be held responsible for any changes to the final product
as a result of the above.
PRICE
All prices are quoted in pounds Sterling and
are inclusive of VAT unless otherwise specified.
Prices are subject to any changes to the rate
or applicability of VAT
All item prices are exclusive of delivery and
packaging, unless otherwise stated. Details of our Delivery charges are found
on our "Delivery" page.
Prices are correct at the time of order only
and relate to internet purchases only. All orders for products are subject to
availability and we reserve the right to refuse to supply any particular
person.
PAYMENT
Kidstoyworld only charge your payment card when
we physically despatch your goods not when you place your order. To ensure
there are sufficient funds to pay for your order your bank reserves the
required amount in your account. This is common practice amongst mail order
retailers.
The value of the reserved funds will not be
available to spend on your card for the duration of the reservation and will
therefore affect your available funds. In normal circumstances the reserved
amount will be paid to us when your order is despatched.
If your order request is unsuccessful we advise
your bank to release any reserved funds. Unfortunately not all banks currently
have the ability to process this cancellation, so any reservations will
naturally expire (usually within 4-5 days), and the funds will be made
available for you to spend.
Your order will not fail if your reservation
expires before despatch but it may mean that we have to contact you for an
alternative form of payment.
Payment must be made in pounds Sterling only by
major credit or debit cards or Paypal.
E-Voucher
Codes are accepted subject to confirmation that they are current and used in
valid circumstances. E-Voucher Codes, Discounts and other promotional
incentives are valid only for purchases at www.kidstoyworld.co.uk and have no
cash alternative or redemption value.
PASSING OF TITLE
We will retain the title in the products until
full payment has been made by you and has been received by us.
PASSING OF RISK
The risk in the products will pass to you once
the producsts have been signed for / delivered.
DELIVERY
Any date or period for delivery will be
considered as indicative only. We cannot be held responsible for delays in the
delivery caused by our suppliers, or any other third party. For further details
please refer to our Delivery page.
GENERAL
Please note that our products and promotions
are only available in mainland United Kingdom
and Northern Ireland
and, as such, may be unavailable in the region or country from which you are accessing
the Site.
Age recommendations and suitabilities on the
site are a guide only.
If any part or parts of these terms and
conditions are deemed invalid, void or unenforceable, then that part or those
parts will be considered severable from these terms and conditions thereby not
preventing the remainder from being enforceable or effective.
These terms and conditions may be revised at
any time and we reserve the right to do so. You are, therefore, advised to keep
up to date with the contents of these terms and conditions as revisions are
binding upon you.
Kidstoyworld will attempt to ensure
that the details on the Site are accurate and up to date. However, we cannot
guarantee that the Site is free from discrepancies. We do not make any
warranties that our Site is free of viruses or other disruptive properties. We
therefore cannot be held responsible for any error or omissions.
Our liability in contract,
negligence, tort, pre-contract or other representations or otherwise arising in
connection with the supply or contemplated supply of goods shall be limited in
aggregate to all the sums paid by you to us. We cannot be held liable for any
consequential or indirect loss, whether this is loss of business, profits or
damages of any kind whatsoever in contract, tort or otherwise arising of the
use of our website or the products and services offered. Nothing in these
purchase terms shall exclude or limit liability for death or personal injury
resulting from our negligence or fraudulent misrepresentation.
Nothing in these terms and conditions will
reduce your statutory rights relating to faulty or misdescribed goods. For
further information about your statutory rights contact your local authority
Trading Standards Department or Citizen's Advice Bureau.
ACCEPTANCE
You will inspect products within a reasonable
time after their receipt and you will be deemed to have accepted the products
unless you notify us in accordance with paragraph 8 below that you want to
cancel your order or you notify us in accordance with paragraph 9 below that
the products are faulty. If no such action is taken, we will consider the
products being as described, of satisfactory quality and fit for their purpose,
and may not accept any rejection or cancellation at a later date. Your
statutory customer rights are not affected.
RIGHT TO CANCEL
You have the right to cancel your contract with
us at any time before the expiry of thirty days from the day after the date of
delivery of the products. It is your responsibility to take reasonable care of
the products until they are received by us. You will receive a full refund of
the purchase price and the delivery charge.
Please refer to our Returns
Procedure for details of how to return items purchased from
this Site.
FAULTY ITEMS
Items faulty at the point of sale:
Any item that was faulty at the point of sale
may be returned for free repair, replacement or refund, provided you have the
original receipt or alternative proof of purchase and the faulty item is
returned complete with all components. Please note that you will not be
entitled to a repair, replacement or refund in respect of fair wear and tear.
Please refer to our Returns
Procedure for details of how to return items purchased from
this Site
Faults developed within the warranty period:
Most items sold by Kidstoyworld come with a 12
month manufacturer�s warranty. If a product develops a fault within the warranty
period assistance will be provided by way of spares or a repair depending on
the type of product purchased. Wear and tear is not covered by the
manufacturer�s warranty.
This faulty items returns policy does not
affect your statutory rights (including without limitation your right to reject
faulty items and receive a full refund if you raise the matter within a
reasonable time).
GOVERNING LAW
Your use of this Site and any purchase by you
on this Site of any products will be governed by English Law and will be deemed
to have occurred in mainland United
Kingdom.
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