Terms & Conditions

IMPORTANT: These terms and conditions relate specifically to the sale of products by us to you.

For the purposes of these terms and conditions,

“Website” refers to the website address at http://www.tomy.co.uk or any successor Website address; and
“We/our/us” refers to Tomy UK Limited, (Registered No 01685312) whose registered address is at St Nicholas House, St Nicholas Road, Sutton, Surrey SM1 1EH and our VAT registration number is GB839 5231 11.

Please read these terms and conditions carefully. Together with our privacy policy and legal info, they govern our relationship with you in relation to your access and use of the Website and also the basis on which we sell our products to you.

You may have other rights granted by law, and these terms and conditions do not affect these except if the two are inconsistent. If this is the case then these terms and conditions will override any other rights which you may have, unless this is not permitted by law.

[By ticking the "I have read the terms and conditions" box in the checkout process, you indicate that you have read, understood and accepted of these terms and conditions of sale.]

How your contract with us is formed

When you submit your online order form, you are offering to buy products at the price set out in the order.

Acceptance of your order and the creation of a legally binding agreement between us will occur when we send you a confirmation e mail setting out details of your order unless:

a) we have notified you that we do not accept your order or you cancel your order due to stock unavailability (Please see the “Pricing, Delivery Charges and Availability” section below); or

b) you subsequently return the item dispatched to you pursuant to the “Refunds, Returns and Exchange” section below.

If, before you have submitted your order on the Website, you discover you have made a mistake with your order, you can revisit your order and correct the mistakes before confirming and submitting your order to us. It is your responsibility to ensure that your order is correct before submitting it to us.

Please do this before we confirm our acceptance of your order. We are unable to rectify mistakes after this time, although you still have the right to cancel as described in the “Refunds, Returns & Exchanges” section below.

You do not own the products until we receive payment in full.

Payment Options

Orders can be placed online using a credit/debit card. We accept MasterCard, Visa, Visa Electron, Maestro and Solo.

Pricing, Delivery Charges and Availability

The current prices on the Website are valid until 30/06/2010.

Prices are checked regularly. However, if we find the price has changed when we receive your order we will contact you and ask if you wish to proceed. In addition, if the products that you have ordered are no longer available, we may:

a) decline your order;

b) inform you when the product becomes available; or

c) offer you substituted products of a similar nature and quality

If (b) or (c) apply, we will contact you by telephone, e-mail or in writing through the contact details provided on your order form and ask if you wish to proceed. In both cases, if you confirm that you wish to proceed, acceptance of your order and the conclusion of a contract between us will take place when we send you a confirmation e mail setting out details of your order.

Special offer prices are valid for the period that they are displayed on the Tomy website and subject to availability.
Promotions and offers advertised on the site, including multiple purchase and minimum spend offers, can only be used on selected products and restricted to one offer per customer order, excluding special offer prices and free delivery offers.

Orders can be placed online for delivery to UK and Republic of Ireland.

All orders will be despatched by courier and are fully trackable. If you require tracking information please email our Careline at careline@tomy.co.uk.

In addition to the price, a delivery charge as detailed below will be payable by you. The delivery charge will be as shown on your online order form at the time you place the order.

For the Mainland UK (excluding IV40 & IV54 and the areas listed below) we offer a choice of:

Standard delivery - £3.95 (Please allow up to 4 working days for delivery)
Express delivery - £5.95 (Please allow up to 2 working days for delivery)

*Please note that Free Delivery on orders over £25 offer does not apply to the destinations below.

To the destinations below Standard delivery is £10.95. (Please allow up to 10 days for delivery)

IV40
IV54

Isle of Wight
Isle of Man
Scottish Highlands
Scottish Islands
Northern Ireland

Standard delivery is £13.95 to the below destinations. (Please allow up to 12 days for delivery).

Eire (ROI)
Channel Islands
Scilly Islands

BFPO Deliveries
Unfortunately it is not possible for us to deliver to BFPO address's. We can only accept and despatch orders to UK and Ireland residential address's.

A delivery charge will be made per order/delivery address - no matter how many items you order or their weight.

Please note that we do not deliver on Saturday or Sunday.

Please note that our courier requires a signature upon delivery.

Promotions and offers

Returns, Refunds & Exchanges

Refunds

Tomy are confident that you will be happy with your purchase, however, should you change your mind and wish to cancel your order please return the unused item/s within 14 days of delivery in the original packaging, together with the delivery note, and it will be accepted for a full refund (including the delivery charge) with no questions asked. Please note that this policy applies to items purchased direct from this Website only.

To return the goods please complete a Returns form - this is located in the 'My Account' section, under 'View My Orders'.

If you are returning the item/s for a refund, please ensure that you select a refund option from the drop down list.

Once you have submitted the Returns Form on-line, you will need to return your item/s to the address shown on the returns form and enclose a printed copy of the returns form. On receipt of your returned item/s your refund will be processed within 10 days.

We cannot accept responsibility for lost or misdirected returns and recommend for your own protection that you obtain an appropriate level of postal insurance when returning items to us and obtain proof of postage.

Exchanges

In rare cases, it may be necessary request a replacement item. Replacement goods are only offered on items purchased from this website for the following reasons: a fault with the item*, item arrives damaged, incorrect item was delivered or no delivery is received. Please note that we are only able to give direct replacements, we cannot exchange items for alternative product/s. Replacement requests must be processed online and the original items must be returned within 14 days of original order to qualify.

To order a direct replacement please complete a Returns form - this is located in the 'My Account' section, under 'View My Orders'.

If you are returning the item/s for a replacement, please ensure that you select a replacement option from the drop down list.

We cannot accept responsibility for lost or misdirected returns and recommend for your own protection that you obtain an appropriate level of postal insurance when returning items to us.

*All Tomy products are covered against manufacturing faults by a guarantee of at least one-year. If part of a product proves faulty within this time please follow the steps above and we will replace the product for you. Please note that any item found to be faulty due to accidental damage will not be replaced. [Should we be unable to send you a replacement item(s), we will contact you to offer an alternative product]*

This Refunds & Exchanges policy is provided in addition to your statutory rights, which remains unaffected.

The address for returns only is:

D2C Returns
Attn Webcare
Tomy UK Ltd
PF Box 20
Totton
Hants
SO40 3YF

Delivery

Expected delivery times are stated above.

If any product is not in stock or, for any other reason, it or they cannot be delivered to you within 30 days of the date of your original order, we will contact you giving you details of the likely delivery date. If you would rather not wait, you will have the right to cancel your order at that time [within 7 days of notification by us to you of the likely delivery date].

Our liability to you

These terms and conditions do not exclude our liability (if any) to you for:

personal injury or death resulting from our negligence;
fraud; and
any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when we enter into a contract. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.

Trade Description

Every care has been taken to ensure that the description and specifications are correct at the time of going to press. [However, while the colour reproduction is a close representation, a slight variation in actual products may occur.]

Other information of which you need to be aware

We may not necessarily keep a copy of these terms and conditions and your order. We advise you to print a copy of them for your information in the future.

[All credit card and debit card details which you input onto our secure payment page are protected using RSA encryption technology. You are entitled to cancel any payment made or due to be made in respect of an order in the even that you discover that your card has been used fraudulently by an unauthorized person to buy your products from our Website. Your card issuer will be liable to re-credit your credit or debit card in respect of such fraudulent payments. If you discover that fraudulent use has been made of your card, you should immediately notify us and your card issuer and provide full details.]

Warranties

We have used reasonable endeavours to ensure that the information contained in the Website is accurate. The use of information on the Website and any downloadable item is at your own risk.

We make no representation or warranty of any kind express or implied, statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server on which it is hosted is free from viruses or bugs or represents the full functionality, accuracy, reliability of the Website.

This warranties section does not affect your statutory rights as a consumer, nor does it affect your cancellation rights under these terms and conditions.

We reserve the right to make alterations and corrections to the information contained in the Website at any time without notice.

Language, Governing Law and Jurisdiction

The contract and all communications between us will be conducted in the English language.

The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England.

The English court will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the Website.

when you spend over £25*

*Mainland UK only - see Terms & Conditions