Terms and Conditions
TERMS AND CONDITIONS
Please read these Terms and Conditions carefully before using the website and services offered by Toy Box Tots Ltd ("we", "us", "our"). toyboxtots.com (our "Site") and related services are made available to you in accordance with these Terms and Conditions, and any other rules posted on our Site (collectively, the "TAC"). By using the Site and any related service in any way, including (without limitation) visiting or browsing the Site, as well as buying/purchasing toy boxes rentals/hires, contributing content, information and other materials or services on the Site, you (or the "user", "your") agree to be bound by the TAC, which constitute an agreement between you and us, and you warrant that you have the capacity and ability to agree to the TAC and to carry out your obligations as set out in the TAC. If you do not accept and agree to be bound by these “TAC”, you must not use the Site or any of our services.
You agree that the electronic format of the TAC does not in any way affect their validity or enforceability and you agree that we may communicate with you electronically and or by telephone for all aspects of your use of the Site and our services.
Toy Box Tots Ltd is a company registered in England under company registration number 10742792. Our registered address is 34 Pellatt Road, London SE22 9JB.
We may modify the TAC from time to time (effective immediately), so please check back often. If you do not agree to any change to the TAC then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
- To use some of the services or features made available to you on the Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at email@example.com. We may also change registration requirements from time to time.
- To register, you must be at least 18 years old. You are responsible for any activity that occurs under your account with us.
- The account password you provide should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorized use of your account.
- ELIGIBILITY TO PURCHASE
- In order to make any purchase whether for a one-off box rental, or subscription for box rentals, or a gift voucher for either, you will be required to register and provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
- The Site and our services are available only to individuals and others who meet our terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to us and who have authorised us to process a charge or charges on their credit/debit card in the amount of the total price for the box rental(s) or gift vouchers which they purchase. Box rentals (including gift vouchers for box rentals) purchased by you are for your own or gift use only, and should not be transferred or used for any direct commercial benefit. We reserve the right to restrict multiple quantities of our toy boxes being shipped to any one customer or delivery address.
- By making an offer to purchase box rental(s) or gift voucher(s) you expressly authorise us to perform credit checks and where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
- Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
- What personal information do we collect from your and how?
- We collect personal information when you place an order or avail of any other service offered by Toy Box Tots Ltd from time to time. By using the Site and our services, you are consenting to the collection of your personal data. If an order is placed with us, we need to hold personal information including your name, child's name, child's date of birth, email address, phone numbers, delivery address and credit/debit card billing address(es) so that we can process and fulfill your order. When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
- Saved card details will never be shared with third parties and will only be used to process your order, using our payment partner's systems. Additionally we may also obtain information as a result of authentication or identity checks. Your telephone number, name and delivery address will be given to our courier for delivery services. These details allow us to process your order and to let you know the status of your order.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
- If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
- What about Cookies?
- There are four types of cookies:
- Website functionality cookies
These cookies enable you to browse the website and use our features such as shopping carts.
- Website analytics cookies
We use these cookies to measure and analyse how our customers use the Site. This allows us to continuously improve the Site and your experience.
- Customer preference cookies
When browsing or shopping online, the Site will remember preferences you make (for example, your user name or location). This makes your browsing experience simpler, easier and more personal to you.
- Targeting cookies or advertising cookies
These cookies are used to deliver adverts relevant to you. In addition, they limit the number of times you see an advertisement as well as helping us measure the effectiveness of our advertising campaigns.
- By using the Site you agree that we can place these types of cookies on your device and access them when you visit the Site in the future.
- If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies.
- Information on deleting or controlling cookies is available at www.AllAboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of the Site.
- How this information may be used, including anyone it might be shared with:
- We use your personal information for the processing of orders, payments and to provide you with a personalised visitor experience. We will also use your details to fulfil and deliver your orders. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Where there is a legal obligation to do so, we may disclose your information to any relevant regulatory body.
- We may also use your personal information to send you marketing updates, but only ever in accordance with your preferences (as detailed in the next section of these TAC). We do not sell your details to third party marketing companies.
- We do collate information about site traffic, sales, and other commercial information which we may pass on to third parties, but this information does not include any information which can identify you personally.
- We may use your personal information for our internal marketing and demographic studies, together with non-personal data to monitor customer patterns so we can consistently improve the Site design to better meet visitors' needs.
- When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.
- Marketing opt-in and opt-out provision
- At any time, you have the option to opt-out of receiving any of our marketing updates, which may include email alerts for new products, services features, enhancements, special offers, contests, events of interest, and one-off marketing promotions, by contacting us on 07917625086 or by email at firstname.lastname@example.org.
- How you can access and if necessary, change the personal information we maintain:
- If for any reason you are concerned that the personal information held by us is not correct, please contact us by email at email@example.com. If you change your billing or delivery address while your order is still being processed, the order will be re-processed through security validation checks. If you prefer, you may contact us by email at firstname.lastname@example.org and we will amend your personal details.
- Safeguarding your personally identifiable information
- We will take reasonable care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with.
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
- Where and how to ask questions or file complaints
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
- We are only able to accept orders for delivery in the mainland United Kingdom.
- All orders are subject to acceptance and availability, and items in your cart are not reserved and may be hired by other customers for the date(s) in question, until the point at which payment for your order is received by us.
- We offer toys for hire that we expect to be in stock and available for hire on the dates requested. Occasionally however, we may be waiting for toys to be returned by other customers. Consequently, we may from time to time need to change the precise toys within a box ordered. We may also need to make changes to a box’s contents if for any reason toys are returned in unsuitable condition, in our opinion. In such cases we may substitute the unavailable toys in the box ordered with other toy(s) of an equivalent nature in our opinion, but if we are unable for any reason to do so, we will contact you to make arrangements either for your refund of the price of the order in question, or for the placement of a new order, at your option.
- We will store a record of your transactions on the Site for a minimum of one year.
- Please note that no order or rental subscription is transferrable.
- PRICING POLICY
- Prices shown on the Site are in Great Britain pounds sterling (“GBP”).
- All prices remain valid as advertised from time to time.
- If you are a customer whose credit/debit card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. We are not liable for any exchange fees in respect of any purchases made through the Site and you shall be responsible for any and all liabilities in relation to the same.
- In the event that you order a rental subscription, we require payment of six months rental to accept your order.
- The prices of all our boxes are detailed on the Site. We require payment of a deposit (as indicated at checkout) for each box rental, which we will refund to you within 30 days of return of the toys to us in accordance with these TAC. If during such time you purchase a further box rental, the deposit will be held by us to be refunded within 30 days of return of those toys.
- Delivery charges are applicable to the delivery of all box rentals purchased by you.
- Delivery charges will be added at checkout.
- ACCEPTANCE OF YOUR ORDER
- Unless you cancel your order, acceptance of your order and completion of the contract between you and us will take place following receipt of your payment and when we contact you to arrange delivery. The sale contract is concluded in the United Kingdom and the language of the contract is English. Neither our third party payment processor nor any nominated courier has the authority to accept an order on our behalf.
- We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that a box ordered is unavailable or does not satisfy our quality control standards, or that you do not meet the eligibility criteria set out within the TAC.
- We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any goods or services (whether or not that they have been sold), removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
- Whilst every effort is made to make sure details on our Site are accurate, we may from time to time discover an error in the pricing or description of our boxes or the toys within them (including any images thereof for description). If we discover an error in the pricing of a box rental in your order, we will let you know as soon as reasonably practicable. We shall be under no obligation to accept or fulfil an order that was advertised at an incorrect price or with the incorrect details and reserve the right to cancel such an order including any order which has been accepted or is in transit. If you order a box rental that is priced or described incorrectly for any reason, we will email or telephone you on the details provided by you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the box rental, we shall refund the full amount as soon as reasonably practicable. In the event that a box is recalled in transit, we will process your refund once it has been returned to us.
- We will contact you via the details you have provided to us following receipt of payment for your order in order to arrange delivery of your order. In respect of an order for a rental subscription, your delivery date will be fixed through the term of your rental subscription.
- In the event that you need to change your delivery date, please contact us at email@example.com. We reserve the right to charge an administration fee to change any pre-arranged delivery date(s).
- We accept Visa, MasterCard and American Express cards, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal or Amazon Pay. When selecting one of these options at checkout, you will be directed to the relevant third party payment provider’s site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to toyboxtots.com. Payment will be debited and cleared from your account before we contact you to arrange delivery of your order. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorise payment, we will not be liable for any delay or non-delivery.
- We will not see or receive your credit/debit card or bank account details or the letters or numbers of your card security code (to the extent that you are required to enter these). These will be viewable only by our third party payment services provider and/or your card issuer (as applicable).
- We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing the Site or ordering from us.
- GIFT VOUCHERS
- Our printed and virtual gift vouchers (“Gift Vouchers”) are sold subject to the following terms and conditions:
- Gift Vouchers are valid for 12 months from date of purchase.
- Gift Vouchers can be redeemed against all boxes listed on the Site.
- Gift Vouchers are non transferable and may not be returned or redeemed for cash.
- [If your order total is less than the value of the Gift Voucher, the remaining balance will be redeemed against subsequent orders.]
- If your order exceeds the value of the Gift Voucher and you have existing credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
- Virtual Gift Vouchers will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation.
- We are not liable for delivery of a virtual Gift Voucher to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
- We are not responsible if a Gift Voucher is lost, stolen, destroyed or used without permission.
- We reserve the right to cancel a Gift Voucher if we deem such action necessary.
- Promotion codes cannot be applied to the purchase of Gift Vouchers.
- PROMOTION CODES AND DISCOUNTS
- Promotion codes and discounts are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. We have the right to end the validity of any promotion codes or discounts at any time, for any reason.
- Some rental subscriptions include a discount on our services and this can be availed only by the person who has purchased the relevant rental subscription. The discount only applies during the rental subscription duration. Discounts may also be subject to specific terms and conditions, which will be notified to you.
- INSURANCE, DELIVERY AND USE OF TOYS
- We insure each box and its contents during the time it is in transit until it is delivered to the delivery address you provide to us for the order. We will require a signature for all boxes delivered, at which point responsibility for all toys within a box passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery of the box(es) and fulfilment by us and transfer of responsibility in the same way.
- We may rely on third parties to provide delivery services. We cannot be responsible for any losses in the event that any estimated timelines given by third party delivery service providers are not met.
- You may elect during the order process to collect an ordered box from one of our designated collection points, rather than having it delivered to you.
- You are solely responsible for ensuring that all toys delivered to you are cared for and maintained for appropriately, and are used only in accordance with the use, care, maintenance and storage recommendations supplied by us. Any recommendation(s) given by us and/or the manufacturer in relation to the use, maintenance and care of toys are provided only as a guide. You should use your own discretion when using toys and, in particular, you must ensure that all children are supervised when playing with toys.
- In the event that we (or our nominated delivery agent) are unable to deliver a box, we will attempt delivery a second time. We reserve the right to impose a nominal charge of £10.00 in respect of each failed delivery attempt. Failure to accept delivery of any of our boxes and/or failure to pick up any toys is not grounds for refund.
- You will give immediate written notice to us in the event of any loss, accident or damage arising out of or in connection with your possession or use of the toys supplied by us.
- RETURNS AND CANCELLATIONS
- CANCELLING YOUR ORDER
- You have the right to cancel your order for box rental with us (including rental subscriptions), provided you give us written notice.
- You have the right to cancel your order within 14 days from the day after the day on which you placed your order, without giving any reason.
- To exercise the right to cancel, you must inform us by email at: firstname.lastname@example.org.
- Although of course we very much hope the children enjoy the toys we provide in our boxes, if a child does not like any toys provided by us, this is not grounds for refund, although you are at liberty to cancel your order in the manner described above.
- For cancelled orders, we will issue you with a full refund (including any delivery cost paid by you if delivery has not taken place but other deduction of any handling or administration fees charged for use of a credit card/PayPal/Amazon Pay) in respect of the unexpired box hire period as at the time you notify us of your wish to cancel. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you or use.
- We will make reimbursement without undue delay, and not later than:(i) 30 days after the day we receive back from you the original box together with each toy it contained when supplied; or (ii) (if earlier) 30 days after the day you provide us with evidence that the original box together with each toy it contained has been returned; or (iii) if no box was supplied, 30 days after the day on which we are informed by you of your cancellation.
- We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the re-imbursement.
- You shall return boxes and all toys contained within them in respect of cancelled orders to: the address specified on the returns label, without undue delay and in any event not later than 5 days from the day on which you communicate your cancellation of the order to us. The deadline is met if you send the goods before the period of 14 days has expired.
- You will have to bear the cost of returning the goods to us. We strongly advise that you return all items to us by a secure signed for service. All returned items must be insured for the full amount of the sum paid. We are not responsible for any lost or damaged toys. Therefore, you are advised to retain proof of postage for any toys returned to us until we confirm receipt of the return from you.
- RETURNING OUR TOYS
- All toys must be returned to us on or by the last day of the rental period in question. We will email you not less than one day before we are due to collect the toys to be returned, or you are due to deposit the toys to be returned at one of our designated collection points. It is your responsibility to ensure that the toys are ready to be collected at the time and date on which they are scheduled for collection. We may impose reasonable charges if any toys are returned to us late.
- All toys being returned due to a cancelled order must be returned to us with their original delivery note in order for us to issue a refund.
- In the event that any toys returned to us are damaged (fair wear and tear excepted), or any toys are lost or not returned, we will be entitled to charge you the retail price of the damaged toy(s) and you hereby agree to indemnify us against all losses, costs and fees incurred in respect of replacing any lost or damages toys. We will be entitled to apply any deposit held by us from you against any sums due to us.
- In respect of rental subscriptions, we will collect toys comprised in an expired box rental at the same time as we deliver subsequent boxes to you/a designated collection point (at your election).
- INTELLECTUAL PROPERTY RIGHTS
- We reserve all our intellectual property rights with respect to any graphics, photographs (including (without limitation) all image rights), sounds, music, video, audio or text on the Site (“Our Site Content”), and with respect to any graphics, photographs (including (without limitation) all image rights), sounds, music, video, audio or text in the boxes and their contents (“Our Box Content”).
- Your use of the Site and any related services grant no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to Our Site Content or Our Box Content, including our software and all HTML and other code contained in the Site. All Our Site Content and Our Box Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on the Site or on or in our boxes are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use Our Site Content and Our Box Content only as expressly authorised by us or our third party licensors. Any reproduction or redistribution of Our Site Content or Our Box Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy of Our Site Content for the purposes of viewing Our Site Content for your own personal use.
- OUR SITE CONTENT
- We try to ensure that the information on the Site is accurate and complete. We do not promise however that Our Site Content is accurate or error-free and we make no representation or warranty of any kind with respect to the Site or any of its content. We are not responsible to you or anybody else for any loss incurred in relation to use of the Site. Your use of the Site and any associated services is entirely at your own risk. We do not promise that the functional aspects of the Site or Our Site Content will be error free or that the Site, Our Site Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed.
- Opinions expressed on the Site are the personal opinions of the authors and do not reflect the views of Toy Box Tots Ltd. If you have a complaint about Our Site Content, please email us at email@example.com.
- Images of boxes and toys on the Site are representative only of the boxes available for rent, and you acknowledge that a box delivered pursuant to an order may differ in design and contents from the images appearing on the Site.
- YOUR ACTIVITY
- We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or information provided by any party other than us (such as other users or manufacturers) (“Other Content”). You agree that you will be personally responsible for your use of the Site and for all of your communication and activity on and pursuant to the Site and/or our services.
- You understand that by using the Site and our services, you may be exposed to Other Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise inaccurate or deceptive. Under no circumstances will we be liable in any way for any Other Content, including, but not limited to, any errors or omissions in Other Content, or any loss or damage of any kind incurred as a result of the use of Other Content posted, emailed, transmitted or otherwise made available via the Site or broadcast elsewhere.
- You may not do any of the following while accessing or using the Site: (i) access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the TAC), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site.
- If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TAC, we may deny you access to this Site on a temporary or permanent basis.
- THIRD PARTY SITES
- We may include hyperlinks on the Site to other websites or resources operated by parties other than Toy Box Tots Ltd, including advertisers. We have not reviewed all of the sites linked to the Site and we are not responsible for the content or accuracy of any off-Site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such 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 content, goods or services available on such external websites or resources.
- LIMITS ON OUR LIABILITY
- You acknowledge that all toys provided by us are used toys. They are not generally provided in or with manufacturer’s labelling or packaging and you are solely responsible for the use of the toys delivered to you. All toys provided by us have been cleaned using reputable household cleaning products however you acknowledge that no consistent or particular level of cleanliness of toys is guaranteed.
- By labelling our boxes with children’s age appropriate categories, you acknowledge that such labelling is based on the manufacturers’ recommended age specifications (where available) of the toys within each box, and is provided only to assist you in selecting appropriate boxes for your needs.
- We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
- Nothing in the TAC is intended to affect your rights under applicable law.
- If we breach the TAC we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Toy Box Tots Ltd at the time of you placing your order, and our dispatching your order. In any event, we will only be liable for losses up to 100% of the total hire price of the toys hired by you which are the subject of the loss.
- We are not responsible for losses which are not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
- We accept no liability for any loss or damage arising out of the use or storage of any toys provided by us otherwise than in accordance with the relevant manufacturer’s own recommendations and guidance (which are not supplied by us and are your responsibility to ascertain).
- We are not liable to you for any failure, breach or any delay of any nature whatsoever that is caused by any event or circumstance beyond our reasonable control including (without limitation), strikes, lock-outs and other industrial disputes, breakdown of information, communication, technology systems or network access, flood, fire, explosion or accident.
- We are also not responsible for failure to meet any of our obligations under the TAC where such failure is due to events beyond our reasonable control or where due to inaccurate, misleading or untruthful information being provided by you.
- At our request, you agree to compensate us fully, defend us, and hold Toy Box Tots Ltd harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TAC by you, including (without limitation) the use by any other persons accessing this Site using your internet account caused by your action or inaction, your use or misuse of the Site, your violation of any third party’s intellectual property rights or any dispute you may have with any other user of the Site.
- We reserve the right to charge interest on any late payments at the rate of 8% per annum above the base rate of the Bank of England from time to time. Interest will accrue on a daily basis from the date payment is due, until the date we receive payment of the overdue amount.
- OUR RELATIONSHIP
- You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Toy Box Tots Ltd as a result of the TAC or your use of the Site or our services. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Toy Box Tots Ltd, and we shall not be liable for any representation, act, or omission on your part.
- Section numbering and headings in these TAC will not affect their interpretation.
- Our failure to enforce any provision of these TAC will not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
- The TAC constitutes the entire understanding between Toy Box Tots Ltd and you with respect to the subject matter of the TAC and supersedes all prior agreements, negotiations, correspondence and discussions between the parties relating to it.
- If any part of the TAC becomes invalid, illegal or unenforceable, the offending terms of the TAC shall be considered removed from the TAC and the remaining terms shall continue with full force and effect.
- NO WAIVER
- If you breach the TAC and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TAC.
- COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION
- If you have a complaint about us, email firstname.lastname@example.org giving full details including date of purchase and order reference number where applicable and your full name, address and contact details. The TAC together with all our policies and procedures will be governed by and construed in accordance with English law. In the event of any dispute between you and us, we will first attempt to resolve the dispute amicably and in good faith. If that is not possible, either we or you may refer the dispute to be finally settled exclusively by the English Courts.