TERMS & CONDITIONS

General Terms and Conditions

These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of products from https://whizzkids-toys.co.uk

Please read the following Terms and Conditions carefully before placing your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

Terms and conditions

These Terms and Conditions constitute a contract between the customer (You) and Whizz Kids Toys Ltd (Company No. 10832472)

1. Agreement

1.1

In these Terms and Conditions We, Our or Us means Whizz Kids Toys Ltd; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.

1.2

By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.

1.3

The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.

2. Legal Capacity

If you are under the age of eighteen (18) years you cannot place Orders with Whizz Kids Toys Ltd. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.

3. Website Use

3.1

The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.

3.2

You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.

3.4

You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

4. Intellectual Property

All Intellectual Property in any Material on the Website is the property of WHIZZ KIDS TOYS LTD. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.

5. Pricing

5.1

Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:

1. by agreement between You and Us in writing or by email; or
2. in accordance with clause 8.4.

5.2

All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.

6. Product Specifications

6.1

Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.

6.2

All weights and dimensions of Products described in the Website are approximate.

7. Orders

7.1

You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).

7.2

Orders will be deemed to have been received by Whizz Kids Toys at the time Whizz Kids Toys sends an Order confirmation to Your nominated e-mail address.

7.3

Whizz Kids Toys Ltd is an online business and will primarily communicate with Customers via e-mail. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

7.4

Whizz Kids Toys Ltd. reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).

7.5

In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.

7.6

Whizz Kids Toys Ltd does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

7.7

Whizz Kids Toys Ltd shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Whizz Kids Toys Ltd (or its affiliates), and Whizz Kids Toys Ltd shall be entitled to a reasonable extension of time for the performance of such obligations.

7.8

Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a re-delivery fee for each subsequent delivery attempt.

8. Payment

8.1

You may provide Your nominated credit card during the purchase process described on the Website.

8.2

Payment for Orders will be processed immediately upon confirmation of Your Order.

8.3

If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

8.4

Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product’s correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product’s correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.

9. Delivery and ownership of the goods

9.1

We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Whizz Kids Toys Ltd does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

9.2

We aim to dispatch the goods if they are in stock within 1 – 3 days once payment has been received.  If the goods are identified as Out of Stock, you may order them on backorder. We aim to dispatch backorders within 10 working days.  Where scheduled dispatch of an In Stock Product is delayed by more than one week, Customers will be notified by e-mail via the e- mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund in accordance with the Returns section of this Policy at any time prior to dispatch of the Product(s).

9.3

Whizz Kids Toys Ltd. will not deliver Products to PO Box addresses.

9.4

Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.

9.5

The couriers or postal services nominated by Whizz Kids Toys Ltd will deliver Products during local business hours (8am to 6pm, Monday to Friday).

9.6

Whizz Kids Toys Ltd is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Whizz Kids Toys Ltd (as notified to the Customer) in relation to date and time of delivery. Whizz Kids Toys Ltd shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

9.7

Whizz Kids Toys Ltd reserves the right to not ship to remote or rural locations.

10. Faulty or damaged goods

10.1

Whizz Kids Toys Ltd will repair, replace or refund faulty or damaged Products in accordance with the Warranty Terms and Conditions Clause 11 and Your rights under the Consumer Rights Act 2015.

10.2

The Customer is responsible to inspect all goods received from Whizz Kids Toys Ltd upon arrival. In instances where goods have been damaged in transit, the Customer must Contact Us at Whizz Kids Toys Ltd within 3 days of receipt of the product with photographic evidence.

11. Refunds and returns

11.1

Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under UK Consumer Rights Act 2015.

11.2

All refunds may take up to 10 business days to be processed and you will be notified by email.

11.3

If you change your mind about a purchase, you may return the unused  Product at Your cost within 60 days and receive a store refund to the value of the Product. This credit or refund does not include outbound shipping costs.

Please Contact us at Whizz Kids Toys Ltd with your name, Order number and reason for the return before return of the Product.

11.4

The Customer must comply with directions from staff to facilitate a return.

11.5

Returned Products must be returned in their original packaging with all accessories, and must be in a re-saleable condition.  If you are returning a Product due to a fault or defect under a guarantee by UK Consumer Law, you may be able to return the Product without its original packaging.

11.6

Subject to clause 11.7, It is the Customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.

11.7

Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost unless the Product cannot be returned, removed or transported without significant cost to You because of:

1. the nature of Our failure to comply with the consumer guarantee, or
2. the size or height, or method of attachment, of the Product.

Where You are returning a Product to us, we take no responsibility for a Product lost in transit.

We will then refund the return shipping costs at our standard shipping rates.

If subsection (b) applies, We will, within a reasonable time, collect the Products at Our expense.

Please Contact us at Whizz Kids Toys Ltd. with your name, Order number and reason for the concern before return of the Product.

12. Warranty

12.1

Each Product sold on the Website is covered by a manufacturer warranty and Subject to the terms and conditions set out below.  Whizz Kids Toys Ltd agree to repair or replace the Product which it supplied to you at its own cost, in circumstances where the Product does not perform in accordance with its specifications during the Warranty period.

12.2

Proof of purchase (invoice or paid Order confirmation) must be provided when requesting service under the Warranty.

You must Contact Us to discuss your concerns and be issued with a Return Authorisation number before any further action is taken.

12.3

Whizz Kids Toys Ltds requires any customer requesting service under the warranty to comply with directions from Whizz Kids Toys staff in relation to troubleshooting any issue and facilitating any repair or replacement under these Warranty Terms and Conditions. This may involve photographic evidence of the concern.

12.4

Whizz Kids Toys Ltd reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided, Whizz Kids Toys Ltd will determine, in its discretion, the closest Product within the then current range of Products offered by Whizz Kids Toys Ltd with which to replace the faulty or damaged Product. The replacement Product may differ with the replaced Product in size and specifications, at the reasonable election of Whizz Kids Toys Ltd.  Whizz Kids Toys Ltd may replace parts with refurbished parts. Replacement of the Product or a part under the Warranty does not extend or restart the Warranty period.

12.5

If Whizz Kids Toys Ltd is unable to repair or replace the Product, the customer will be provided with credit for Whizz Kids Toys Ltd’s store or may be refunded the price of the Product (at Whizz Kids Toys Ltd’s election). This credit or refund will be for the amount of the purchase price of the Product excluding the associated Shipping Cost.

12.6

In the event that a replacement, refund, or store credit is provided as per section 11.5, the faulty item will become the property of Whizz Kids Toys Ltd.

12.7

Where Whizz Kids Toys Ltd authorises return of a Product, Whizz Kids Toys Ltd will organise for our authorised courier to pick up the Product during business hours (between 8am and 6pm, Monday to Friday) and deliver it to Whizz Kids Toys or the Product Manufacturer or Supplier.  We may alternatively supply a pre-paid postage label for the Product to be returned via our chosen carrier to Whizz Kids Toys or the Manufacturer or Supplier.  In this situation Whizz Kids Toys Ltd will cover the cost of transport of the Product to and from the Customer. Alternately, the Customer may post the Product as directed by Whizz Kids Toys Ltd if Whizz Kids Toys Ltd specifically authorises the Customer in writing to do so, in which case Whizz Kids Toys Ltd will refund the Customer the cost of the postage on provision of a scanned copy of the postage receipt.

12.8

The Customer is responsible to inspect all goods received from Whizz Kids Toys Ltd upon arrival. In instances where goods have been damaged in transit, the Customer must report this to Whizz Kids Toys Ltd within 3 days of receipt of the product with photographic evidence. Failure to report physical damage on arrival within 3 days of receipt may result in denial of warranty for physical damage.

12.9

The Warranty of products purchased from whizzkidstoys.co.uk does not apply:

1. To consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship;
2. to cosmetic damage, to boxes, packaging or exterior surfaces (including during transit);
3. to damage caused by use with another product;
4. to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause;
5. to damage caused by operating the Product outside any guidelines published for use;
6. to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Whizz Kids Toys Ltd;
7. to a Product that has been modified to alter functionality or capability without the written permission of Whizz Kids Toys Ltd.
8. to defects caused by normal wear and tear or otherwise due to the normal ageing of the Product,
9. if the product is stolen or Whizz Kids Toys Ltd reasonably believes that the product is stolen based on information provided by law enforcement authorities, or
10. Where proof of purchase (invoice or paid Order confirmation) cannot be provided.

12.10

The Product will be at the Customer’s risk while in transit to and from Whizz Kids Toys Ltd, the Manufacturer or Supplier of the Product.

12.11

Whizz Kids Toys Ltd may seek reimbursement of any costs incurred by Us where the Product is found to be in good working order, or when it has been determined that the Warranty does not apply.

13. Liability

To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

14. Gift Vouchers

14.1

Gift Vouchers & Credit Notes have a validity of 24 months from the date of purchase, unless otherwise specified at the time of issue in writing.

14.2

Gift Vouchers & Credit Notes may be redeemed by entering the voucher code into the Voucher Code field at checkout.

15. Miscellaneous

15.1

Title and risk in the Whizz Kids Toys Ltd pass to You at the point of dispatch or embarkation by Whizz Kids Toys to Your courier.

15.2

Whizz Kids Toys Ltd reserves the right to make changes to the Whizz Kids Toys Ltd Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.

15.3

Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

15.4

A failure or delay by Whizz Kids Toys Ltd to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Whizz Kids Toys Ltd does not preclude its future ability to exercise that or any other power or right.

15.5

Insofar as they apply to the ordering, purchase, fulfilment and delivery of Whizz Kids Toys Products from https://whizzkids-toys.co.uk these Whizz Kids Toys Ltd Terms and Conditions are governed by and must be construed according to the law of the United Kingdom.

15.6

No Whizz Kids Toys Ltd employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Published November 2017