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Introduction
On this page (and the documents referred to on this page) you will find our terms and conditions that apply to your use of this website www.realtoysforgirlsandboys.co.uk (our 'Website') and the purchase of products from our web shop. Please take the time to read them before you buy any products from us. If you decide to use our Website and/or purchase products from our web shop please be aware that you are effectively agreeing to be bound by these terms and conditions and they will apply to any contract we conclude with you following an order made by you.
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Some information about us
Who operates the Website?
This Website is operated by Real Toys For Girls & Boys (referred to in this page as 'we', 'us' and/or 'our'). Details of who owns this Website and the materials on it can be found in our Legal Notices .
We run as a soletrader (Alexandra Wyatt) at the registered office 3 Grange Close, Full Sutton, York, YO41 1NZ. On this page a reference to 'you' and/or 'your' is a reference to you as a customer.
What do you do?
We are predominantly an on-line company selling traditional children's toys manufactured in the European Union via our Website. We provide a number of extra services such as gift wrapping and wish list. For more details please see the relevant pages of our Website.
How can I contact you?
We want you to enjoy shopping on our Website and are here to help you at every step on the way. If you need to contact us for any reason please e-mail realtoys@btinternet.com. Although we strive to satisfy you, should you have a complaint about our service and/or our products please either email us at realtoys@btinternet.com, write to us at Real Toys for Girls & Boys; 3 Grange Close, Full Sutton, York YO41 1NZ or call us on 0871 6629844 (calls cost 10p/min from BT landlines, calls from other providers and mobile networks may vary).
We ask that you notify us by e-mail that you intend to return the product(s) in accordance with our returns policy explained below.
What does the price include?
As we are not registered for VAT our prices do not include VAT and you will not be charged VAT on the products you buy from the Website . Delivery costs are not included in the product/service prices and are shown separately when you proceed to the checkout. The Delivery cost is set at a flat rate of £3.00 for any orders. We use Royal Mail Recorded Signed For™ service. Please refer to the delivery section for more details.
How can I pay for the products/services on your Website?
For your convenience and security we accept payment by the main type of credit cards and debit cards supported from time to time by our e-payment partner Nochex (please see our privacy policy for more details). Should you have any questions for Nochex, please refer to their website. As an on-line company we do not accept any other method of payment, including without limitation cheques and cash for orders processed through our Website.
Can I buy your products and services if I am outside of the UK?
At the present time, in order so that we can offer the best possible service to our customers we can only accept orders from customers who are resident in the UK and who use a UK registered credit card address (although we can ship items on behalf of customers to outside the UK subject to additional delivery costs which can be confirmed prior to your order via e-mail). Although you may access our Website outside of the UK, our products and services are advertised for sale to customers resident in the UK. If you are outside of the UK and you contact us about purchasing our products and services and we agree to provide you with products and/or services then the provision of such products and/or services will be governed by these terms and conditions to the extent permitted by the relevant jurisdiction in which you reside.
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Ordering products & services
How do I make an order?
We have tried to make ordering goods and/or services from our Website as easy as possible for you. You do not need to register your details on the website to make an order, unless you wish to use the Gift List service in which case we do ask you to set up an account with us (see below for more details).
How to order at Real Toys for Girls & Boys:
Simplicity of online shopping is the essence of our website. The site has got two separate sections, toys and bespoke nursery soft furnishings, which are described as follows:
Toy shopping
Please browse in our 5 categories for the right toy for your occasion. Click on the picture for a detailed description. When you have found the item you would like to purchase, please click on “add to cart”. This will add the item to your cart, which is always displayed at the top of the screen, and take you to a summary screen, where you can change the quantity ordered. From here you can either “continue shopping” or “submit” your cart.
Bespoke shopping
In this section you can chose various items of soft furnishings. When you have chosen an item, please click on the picture for details. You can chose the fabric colour and pattern and which motif you would like to be embroidered on the item. At an additional cost you also have the option for the child’s name and or date of occasion to be embroidered on the chosen item. Then please click on “add to cart”. This will add the item to your cart, which is always displayed at the top of the screen, and take you to a summary screen, where you can change the quantity ordered. From here you can either “continue shopping” or “submit” your cart.
Checkout Process
If you “submit” you can either set up an account with us at Real Toys, which means that we will store your details and speed up your next shopping trip with Real Toys. To do this you will need to enter an email address and chose a password. You will also be prompted to enter your postal address and contact details. Please note that your address must be the same as the one your card is registered at.
Alternatively, you have the simple option to “skip login & checkout”. All you need to do, when prompted, is enter your postal address and contact details. Please note that your address must be the same as the one your card is registered at.
The Shipping address does not have to be the same as the billing address. We will ensure that the billing details are never disclosed to the shipping address, if different.
The next step for both account holders and quick checkout is to confirm your order and you will be forwarded to our secure online payment mechanism Nochex. Nochex is a leading independent UK based online payment company, which accepts MasterCard, Visa, Maestro and Solo.
As soon as Nochex have confirmed the payment we will dispatch your order. All orders are processed through Royal Mail Recorded Signed For™ service. Any delays in dispatching your goods after we passed them to Royal Mail are deemed to be Royal Mail’s responsibility and we at Real Toys for Girls & Boys Ltd cannot be held responsible for any such delays.
By placing an order through our Website you acknowledge and agree that you are making the following representations and warranties to us:
You are a resident of the UK and are accessing the site from the UK; and
You are at least 18 years old and have the legal capacity to enter into a binding contract.
What is the Gift List service?
We have designed the Gift List facility to help you chose gifts for an occasion. You can then pass the access details to your customised Gift List to your friends and family, who in turn can shop directly from this list.
In order to use the Gift List service you will need to register with us for a user account and choose a user name and password (subject to availability). It is up to you to keep your account details secret. You are responsible for any orders made using your account details (unless your account details have been misused as a result of our failure to protect the security of your username and password as stored on our systems or our hosting partners system.) If you access the Gift List you are representing to us that you are the registered user.
I am under 18, can I make an order?
If you are under 18 please ask your parents or legal guardian to make an order for you. In making an order through this Website you are representing to us that you are over 18.
What happens after I have made an order?
Once you made an order you will be sent an automatically generated e-mail message confirming that we have received your order and the details of the order (we call this the 'Order Confirmation'). Please note that the receipt of an Order Confirmation does not mean that we have accepted your order, it just means that we acknowledging receipt of your order and at this stage no contract is created with us. When you send us an order you are actually making an offer to us to buy the products/services stated in the Order Confirmation at the price stated in the Order Confirmation.
When we receive your Order Confirmation we will check stock availability and also do a final check to make sure that there have been no mistakes in pricing. Although we make reasonable efforts to ensure the pricing information is correct, like all companies, mistakes do happen from time to time. If there is a pricing error and the price stated is actually higher than the correct price we will charge you the lower price. Where the stated price is lower than the correct price we will promptly contact you and ask you to confirm by e-mail whether you are still interested in proceeding with your order at the correct higher price. If you do not confirm you are happy with the revised price or do not confirm within 7 days, we will stop processing your order. If the pricing information is correct, if we adjust the stated price to the lower correct price or if you confirm the revised price within the 7 day time period, we will check stock availability and promptly dispatch the products ordered in accordance with our delivery promise and complete any services that you have ordered. Upon dispatch we will send you a further e-mail which confirms that your order has been dispatched and also provides you with information about our returns policy (we call this second e-mail notice our 'Dispatch Notice'). When we send the Dispatch Notice that is our confirmation to you that we have accepted your order and a contract between you and us has been created at the time of the Dispatch Notice being sent. Please note that we are entitled to change our prices on our Website at any time but we will never change the prices of products which you have ordered in respect of your order where we have sent to you a Dispatch Notice. However, notwithstanding anything to the contrary above, you agree that we are under no obligation to provide the products to you at the incorrect (lower) price, even where you have received a Dispatch Notice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
All contracts are made in English and you can copy these terms and conditions to your computer and print a single copy for your personal records.
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Delivery promise & returns policy
If you order is accepted by us we will use our reasonable endeavours to dispatch the products as soon as possible. We aim to make and dispatch your bespoke order from our soft furnishing range within 3 weeks of placing the order. For all other products, our aim is to dispatch your products the next working day, providing it is in stock.
In the unlikely event that we think we are unable to dispatch your order (or part of your order) within 30 days after the date your order was received we will let you know by e-mail and we will refund you any cleared payment (or the relevant part) that has been made by you as soon as possible and in any event within 30 days of any cancellation notice being received. If on receipt of our e-mail you are happy to have a new delivery date agreed you should contact us by e-mail as soon as possible to see if we can agree a revised delivery date. If we agree a revised delivery date, we will not process the refund.
If any products in your order are not dispatched in 30 days of your order you may cancel your order in respect of such products that have not been delivered within the 30 day time prior by contacting us (realtoys@btinternet.com, or Real Toys for Girls & Boys; 3 Grange Close, Full Sutton, York YO41 1NZ – we do not accept cancellations by telephone).We will refund you any cleared payment (or the relevant part)that has been made by you as soon as possible and in any event within 30 days of the cancellation notice being received.
Once we have sent a Dispatch Notice you have certain additional rights to cancel the contract within 7 working days after the day you received the products. Once you provide us with written confirmation of your wish to cancel the contract, please return the goods as soon as possible to our registered office address as noted above. Please note that this condition of the these terms and conditions shall be treated as our request to you to return the goods following cancellation and we shall have been deemed to have made such request immediately following receipt of your notice of cancellation. Your notice is effective from the day given (if by e-mail or fax) or the day posted (if by mail).
We would advise that you keep some record of having sent us the Cancellation Notice (e.g., a copy of your e-mail, certificate of posting or confirmation of fax transmission as applicable).
If the products are faulty and we offer you a replacement, your seven working day cancellation period will run from the day after the day you receive your replacement goods.
When returning goods we should be grateful if you could return the original packaging. You should be aware that once we begin dispatching your products any additional services, such as our gift wrapping service, you have ordered from us cannot be cancelled. If we provide products from our bespoke range the above cancellation rights will not apply. Subject to the aforementioned exclusions, your cancellation rights expressed above only apply to completed orders made from within the UK and where the items are shipped within the UK (unless we specifically agree on a case by case basis to provide the products outside of the UK, in which case, the cancellation rights apply within the EU only) . Your statutory rights are not affected in relation to faulty or defective goods.
Risk and ownership of the products
Please be aware that from the time we dispatch the products, risk in the products passes to you; yet legal title (i.e. ownership) in the products under an order shall not pass to you until we have received full payment (including any stated delivery and services charges) from you in respect of all products purchased under such order.
Guarantees and faulty products
Any manufacturer's guarantee for your product (if any) is stated on the product packaging. In the event that a product is faulty you may have rights against the manufacturer of the product and you are free to contact the manufacturer directly during the applicable guarantee period if any. We warrant that any products from our Website will be of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. We do not provide any further guarantee to you although this does not affect your statutory rights in relation to faulty or defective goods.
If you return goods to us because you believe that they are faulty or defective (and not because you are exercising your cancellation rights above) we promise to try and examine the goods as soon as we are able to after we have received them. If we confirm that the product is faulty and/or defective and we consider you to be entitled to a refund in accordance with your statutory rights, we will confirm(by email) your right to the refund
Import Charges and export/import regulations
Please be aware that where you order products for shipping to outside the UK you or the recipient may be required to pay certain customs' clearance charges, freight clearance charges, storage charges, import duties and other taxes charged by the destination country tax authorities, customs or freight handlers upon arrival of the package ('Recipient Charges'). You hereby acknowledge and agree that we are not responsible for the Recipient Charges which may vary from country to country. Before you order any product from our Website for intended dispatch outside the UK you should check what Recipient Charges may apply to the products you have ordered. You and/or the recipient of the products are entirely responsible for the payment of the Recipient Charges. If you decide to cancel your order, where such cancellation rights apply, you acknowledge and agree that we do not refund any Recipient Charge you or the recipient may have paid. Please note that any products sent outside the UK may be opened and inspected by local customs authorities. You should also be aware that certain countries have export and import laws governing what can and cannot be exported/imported and exporting/importing products may require a licence. This is highly unlikely given the type of products we sell but you should be aware that you will be considered the exporter/importer of record and it is your responsibility to comply with any export/import rules and regulations.
Events outside our reasonable control
Sometimes events occur that our outside our reasonable control and this may cause us to delay or even fail to meet our obligations under these terms and conditions. If such an event occurs please bear in mind that we will not be held responsible for any delay or failure to comply with our obligations under these terms and conditions although your statutory rights are not affected.
Limitation of liability
In the unlikely event that we do not comply with our obligations under these terms and conditions (and any terms and conditions that are implied by law) you agree that our maximum liability to you (whether in contract, tort or otherwise), and regardless of whether any damages arise directly or indirectly from the breach, shall be limited to the purchase price you have paid to us (including any delivery costs and gift wrap). We do not however limit or exclude our liability in any way in respect of:
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liability under section 2(3) of the Consumer Protection Act 1987;
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for death or personal injury caused by our negligence;
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for fraud or fraudulent misrepresentation;
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or any matter where it would be illegal for us to exclude and/or limit or attempt to exclude and/or limit our liability to you.
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Legal information
Communications and notices
From time to time we may be required to write to you. In using the Website and ordering products and/or services you acknowledge and agree that the majority of our communications will be made via electronic means and you agree for contractual purposes, to such means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All legal notices given by you to us must be given to Real Toys for Girls & Boys at our registered office as stated above (i.e. postal)unless specified otherwise in these terms and conditions. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. With exception of notices relation to the cancellation rights, notice will be deemed received and properly served immediately when posted on our Website, immediately on the sending of an e-mail, or 2 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Waiver
If we fail, at any time during the term of a contract we have entered into with you, to insist upon strict performance of any of your obligations under such contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under such contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the notice provision above
Severability
If any of these terms and Ccnditions or any provisions of a contract between you and us are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract we enter into with you in relation to the products and services available on this Website and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
We each acknowledge that, in entering into a contract in respect of the products and/or services available via this Website, neither you or us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither you or us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any such contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
Transfers of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a contract made under these terms and conditions, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract made under these terms and conditions, or any of our rights or obligations arising under it, at any time during the term of such contract.
Can we vary these terms and conditions?
You acknowledge and agree that we have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products and/or services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Notice (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the products).
Law and jurisdiction
Any contract for the purchase of products and/or services on our Website entered into under these terms and conditions will be governed by English law (excluding the application of the United Nations Convention on Contracts for the International Sale of Goods). In ordering the products and/or services available on this Website you and acknowledge and agree that any dispute arising from, or related to, such order and any contract we conclude pursuant to such order shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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Privacy statement and use of cookies
Security of our customers' personal data is something we take very seriously. We want you to feel comfortable that when using our website and ordering our products, your personal information is secure and is being used fairly and in accordance with data protection laws and principles designed to protect your privacy. The information on this page sets out to put your mind at rest but if you feel you want any more information don't hesitate to contact us, we are here to help.
We promise that we will never sell or trade your personal information with any third party company. Unlike other websites, we are open about direct marketing. We will not send you any communications containing our news and product updates, unless you have expressly agreed to receive direct marketing communications during the order process or if you decide to sign up to any newsletter service that we offer or may offer in the future. What is more, you can change your mind about e-marketing communications at any time simply by contacting us by e-mail at realtoys@btinternet.com
Do we collect personal information?
Yes, in order to be able to process and deliver your order we need to collect some personal details from you, such as delivery address. We also collect details to ensure we can offer you the best service possible. We make sure that the details we do collect are kept at the minimum required to be able to process your order and provide you with an effective customer service. With credit card fraud and identity theft ever increasing we refer your order details to Nochex to process your credit card transactions.
Why do we use Nochex?
We use Nochex because they are a leading e-payment gateway certified by the Financial Services Authority as a small e-money issuer. By using Nochex we do not hold any credit card details about you on our systems and you have the assurance of using a leading e-payment gateway to accept your credit card transactions. All credit card details you provide at Nochex's request are processed by Nochex using the Secure Sockets Layer (SSL) protocol and encrypted using the highest commercially available encryption key length of 128-bits. If you want to find out more information about the security measures taken by Nochex see http://www.nochex.com/security/
What type of personal data do we collect?
The personal data we collect to process your order and provide you with an effective customer service includes:
e-mail address
Name
Address
Contact telephone number(s)
We do not collect credit card details. Nochex collects credit card details as part of the payment processing service it provides to you.
If you join our Gift List service you will also provide a user name and password.
Who do we share your data with?
We only share data to the extent it is necessary to provide you with the goods and services you have ordered and to provide, where you have agreed, with marketing information.
We need to share your data with our couriers, the postal service, our payment processing providers for each order you place, and any website hosting provider that we may use from time to time
What rights do I have in relation to the personal data you collect?
You have a number of rights provided by applicable data protection legislation in the UK including the ability to correct incorrect data that we hold about you. For more information, we recommend that you visit the website of the Information Commissioner's Office, the independent authority responsible for overseeing data protection laws in the UK.
Who is the data controller?
The data controller is Real Toys for Girls and Boys . Our full company details can be found on the website.
What are cookies and do we use them?
You may know what cookies are. For those that don't, a cookie is a text file which the website stores on your hard drive (your computer) to collect user information aimed at making your shopping experience and use of our website easier. The majority of on-line shops use cookies to some extent. Cookies are stored in a specific place on your computer and depending on what internet browser you are using to access our website you can delete and access cookies via the options/preferences options of your browser. You can configure your system so that it does not allow cookies to be stored on your computer or to be stored subject to a number of rules. Although we normally only use session cookies (which automatically delete once you finish visiting the website) we may need to use permanent cookies if you use our Gift List service. Please consider that if you decide not to allow the website to use cookies this may affect your ability to use the website and to order products and services from us.
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Legal Notices and Website Terms of use
Welcome to www.realtoysforgirlsandboys.co.uk(our 'Website') . We hope you enjoy browsing our Website and the shopping experience. When you use this Website you acknowledge and agree to the following terms and conditions. If you do not agree to the following terms and conditions you should not use this Website. Your continued use of this Website shall be taken to mean that you have accepted these terms and conditions.
The domain address of this Website (www.realtoysforgirlsandboys.co.uk), the Website itself (including all content and materials) and the intellectual property rights (and similar rights) therein are the property of Real Toys for Girls & Boys ('we', 'us' and/or 'our') and/or our licensors. The word mark 'Real Toys for Girls & Boys™' and the 'Real Toys for Girls & Boys' logo are unregistered trademarks used and owned by us in the course of our business. All other trademarks (whether registered or unregistered) are the property of their respective owners. You may not use any of our trademarks for any purpose except with our prior written permission. In respect of third party trademarks you should contact the relevant third party owner to determine their trademark use policy (if any). When you use our Website you do so on the basis of a limited non-exclusive revocable licence we grant to you to access and use the Website for your personal use only. Except in terms of temporary caching of pages in order to use the Website and except for your rights to download and print one copy of the terms and conditions on this website for your personal use you are not allowed to copy, download and/or modify this Website and/or all information, content and materials made available on the Website. Any and all rights not expressly granted to you are reserved to us and/or our respective licensors.
Whilst we use our reasonable endeavours to ensure that the information, content and materials on this Website are accurate, errors do now and again occur and in using this Website you agree that to the extent permitted by applicable laws we make no warranty, condition, representation and/or guarantee of any kind, including without limitation, as to the accuracy and/or completeness of the information, content and materials. If you believe there is an error on the Website we should be grateful if you could contact us at realtoys@btinternet.com. You acknowledge that we may change this Website from time to time but we have no obligation to update the Website.
Due to the nature of the internet we are unable to provide any guarantees as to the availability of the Website. From time to time the Website may not be accessible to you including (without limitation) in order to perform routine or emergency maintenance. We therefore cannot guarantee that the Website will be free from interruption or that any transmission in connection with your use of the Website will be error free although we will work with our service providers to try and make sure the impact on your use of the Website in line with these terms and conditions is minimised. We would ask you to refrain from intentionally seeking to disrupt, damage or impair in any way the Website and/or access to the Website and you should note that such behaviour may constitute a criminal offence under the Computer Misuse Act 1990. Please be aware that in certain circumstances we reserve the right to block access to the Website from a specific user or computer.
We welcome you including a link on your website to our Website but due to our Website having a children's theme we would ask that you ask us first via e-mail. We do not permit deep linking and/or framing of any kind to our Website. If we provide permission for you to include a link to our Website we may ask you to remove such link for any reason and you hereby agree to promptly do so following such request. Our Website may contain links to carefully selected third parties. Where applicable, if you select a third party link you will leave this Website and be redirected to your chosen third party site. Please note that we have no control over the websites of such third parties and we can therefore make no warranty or guarantee of any kind in respect of such third party sites, including (without limitation) as to the availability, content, information and materials on such third party sites and we cannot be responsible for the content, information and/or materials made available on such sites.
We may, depending on if you decide to set up an account with us in order to you our Wishlist service or if you decide to purchase products and/or services from our Website, collect certain personal details provided by you. Please see our privacy policy for more details.
Sections of the Product Terms and Conditions apply to your use of the Website and our liability to you in respect of such use.
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Gift wrapping service
As part of our aim to make giving a gift a nice and easy experience, we have set up a gift wrapping service. We use good quality wrapping paper with a unisex motif to suit both presents for little girls and boys. In addition, we will attach a hand made gift note. If you would like to write a note yourself, please leave the pop-up box blank. Alternatively, we will handwrite a personalised message that you have composed in the relevant box.
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