Wilson’s Toys - Terms and Conditions

On-line Shopping

We have taken care in presenting the products on our website as accurately as possible. The images you see will depend on your monitor's display and colour capabilities. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise. Before you place an order please read the shipping / returns section as it forms part of these terms and conditions and contains important information about your order.

This website is operated by Wilson’s Toys (referred to as “Wilson’s Toys/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below.

General

1.1. We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

1.2. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website

1.3. Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see
contact us for full contact details).

2. Order process

2.1. Please see the shipping / returns section for more information. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

2.2. Your order represents an offer to us to purchase a product. Once you have completed an on-line purchase, if we are able to accept your order, we will send you an email confirming receipt of your order and the order details. At that point a binding agreement between us will exist.

2.3. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to the
returns policy).

2.4. Whilst we are under no obligation to accept your order, we would normally do so where (i) the product is available, (ii) the order reflects current pricing and (iii) your credit card/debit card payment is approved by your credit card/debit card company.

2.5. Unfortunately we cannot accept orders from persons under the age of 18.

2.6. You can access details of your order and any previous orders you may have made by signing-in to your account.

2.7. We do recommend however that you print out these terms and conditions and the order acknowledgement for your records.

3. Delivery

3.1. This website is for delivery of goods to customers in England, Scotland, Wales & Northern Ireland. (See shipping / returns section for further details). All goods must be signed for by an adult aged 18 years or over on delivery.

3.2. Delivery charges and estimated time scales are specified in the delivery information section. We make every effort to deliver goods within the estimated time scales; however delays are occasionally inevitable due to unforeseen factors. Wilson’s Toys shall be under no liability for any delay or failure to deliver the products within estimated time scales.

3.3. Risk of loss and damage of products passes to you on the date when the products are delivered and singed for.

3.4. Any visible damage and or shortages observed at the time of delivery, must be advised to the carriers delivery driver at the time of receipt of the order, then reported to us "Wilson's Toys" within three working days of the delivery, failure to do so will mean we are unable to enter a claim against the carrier, which will mean we will be unable to entertain any claim from you [sure you understand]

4. Payment

4.1. We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

4.2. The price you pay is the price displayed on this website at the time we receive your order, apart from the following circumstance:

a) while we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel and you have already paid for the goods, you will receive a full refund.

4.3. Payment can be made by Paypal or Credit / Debit Card.

4.4. Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.

4.5. All prices are shown in £’s sterling and exclude VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise (see shipping information for further details)

5. Returns, Cancellations and Substitutions

5.1. We offer a 7 day refund policy; please refer to our returns / shipping Information section.

5.2. In the unlikely event that you receive faulty or damaged goods, please refer to our returns / shipping section.

5.3. If you change your mind or are not completely satisfied with your purchase, simply notify us "Wilson’s Toys" within 7 working days following receipt of your order. so we can arrange collection and refund. We will issue a full refund less any delivery charges incurred.

5.4. If you are returning something because of an error on our part or because it's damaged / faulty, we will refund the total cost of the item / items including delivery charges incurred in sending the item to you and cover the cost of return postage to us "Wilson's Toys".

5.5. All sizes and measurements are approximate and every effort has been made to ensure that the information is correct. However, we reserve the right to amend pack sizes, colours, specifications and prices where necessary without prior notice.

6. Intellectual Property

6.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensor's. You are permitted to use this material only as expressly authorised by us or our licensor's.

6.2. You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

7. Liability and Indemnity

7.1. Nothing in these terms and conditions excludes or limits liability for fatal / personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

7.2. Subject to Section 7.1. above, Wilson’s Toys will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy & reliability of the website. Wilson’s Toys will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. Wilson’s Toys accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

7.3. Subject to Section 7.1. above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

7.4. Subject to Section 7.1. above, Wilson’s Toys will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
· economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

7.5. Notwithstanding the above, subject to Section 7.1. Wilson’s Toys aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

7.6. This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

7.7. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

8. Miscellaneous Provisions

8.1. The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

8.2. We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for neither loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

8.3. Wilson’s Toys shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

8.4. To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

8.5. You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Wilson’s Toys.

8.6. Wilson’s Toys reserves the right to transfer, assign, or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

8.7. If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

8.8. No delay or failure by Wilson’s Toys to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Wilson’s Toys.

8.9. These terms and conditions including the documents or other sources referred to in these terms and conditions, supersede all prior representations understandings and agreements between you and Wilson’s Toys relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Wilson’s Toys for your use of this website.

9. PRIVACY POLICY

Wilson’s Toys are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).

We guarantee that every on-line purchase you make from our store is a secure transaction. Our site uses the strongest commercially available level of encryption, 128-bit Secure Socket Layers (SSL). This ensures that your transactions are secure and your information cannot be hi-jacked or redirected to anyone but Wilson’s Toys. Look for the yellow padlock in the bottom-right of your browser as you enter the Checkout section of our site.

9.1. What information we hold about you?
If you have bought something from us we will have your name, address, phone number, email address and credit/debit card details. If you choose to deliver items to a third-party (such as a friend) we will have their name and address. Information is only used to help us deliver the parcels and contact you. You may also optionally decide to receive our newsletter and special offers. You can opt-out of this at any time by using
'Your Account'.
We also maintain an order history of your purchases. This allows you and us to track your deliveries and review your past purchases. We may offer you a reward for purchases or make an offer we think you might like based on your order history. We also collect information of a general nature about how many 'hits' our website gets. And we monitor the site traffic patterns; this tells us which areas of the site are being visited more than others. It also helps us build a more useful site in subsequent re-designs. We don't track individual user’s pathways through the site.

9.2. Cookies
Our site also uses 'cookies', cookies are small amounts of data sent to your web browser by a web server. They cannot harm your machine in any way as they are small text files with simple information in them. You can see them as small text files inside your 'Temporary Internet Files' folder in Windows. Our cookies keep track of the items in your shopping basket and act as place markers when you move around the site. We also use software to track general browsing behaviour on our website. This means that we can build up a picture of the most popular areas and paths through the site and any problem areas, though we don't use it on a personal level to track individuals and their behaviour.
You may experience problems with our site when you try to buy items. These are usually to do with how you have set up your security settings in your web browser.
If you have set your Security Settings in Internet Explorer to 'high' you have disabled cookies. Our site uses cookies to provide some features such as the Shopping Cart and Your Account. To use the site you will need to set the security level for the internet to Medium (under Tools/Internet Options). This is for "Safe browsing but still functional". Alternatively you can add www.wilsonstoys.co.uk to your list of trusted sites. Should you wish to turn off cookies in your browser, your browser's help menu should tell you how to do this, but this will, of course, affect some of the features of our site and therefore your shopping experience.
If you are worried about anything to do with our site, please
email us and we'll be glad to talk through discuss any issues with you.

9.3. What we do with your information

In addition to processing your order, we also maintain an order history of your purchases. This allows you and us to track your deliveries and review your past purchases. We may offer you a reward for purchases or make an offer we think you might like based on your order history. We also send out a monthly eNewsletter and the occasional 'email'. These are only emailed to you if you have opted in to receive newsletters at the point of payment for your order. If you don't want to receive these offers, or our occasional eNewsletters, simply change your eNewsletter settings from the details section in Your Account. We never exchange, sell or otherwise give away your email address to other companies. Your email address is used solely by yourself, for purposes of logging into, and us for emailing you regarding your orders and to update you with our newsletter.

9.4. Who else sees your information?

We may have to disclose some of your information to service suppliers to help complete your order. These parties include Royal Mail, UK Mail & Parcel Force. Your Consent By using our web site you consent to us using the personal information you have given Wilson’s Toys and our trusted partners, as outlined in this Privacy Policy. If you are concerned about anything to do with our site, please email us and we'll be glad to help you.

10. 30 Day Accounts

10.1 Payment of the price for the Goods as set out on the Order is due as per payment terms shown on this Invoice and as were agreed. Time for payment shall be of the essence. You shall not be entitled to withhold or set off any monies owing.

10.2 If You fail to pay us any sum due pursuant to the Contract you will be liable to pay interest to us on such sum from the due date for payment at the annual rate of 3% above the base lending rate, accruing on a daily basis until payment is made, whether before or after any judgement.

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