Terms & Conditions
To protect your own interests please read these Terms and Conditions carefully before you click the tick box. If you are uncertain as to your rights under them or you want any explanation about them please telephone or email our customer queries department as set out on our contacts page BEFORE you place your order. YOU ARE ADVISED TO PRINT AND RETAIN THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
By placing an Order and purchasing Goods from Hoombletoys & Collectables Limited trading as Hoombletoys & Collectables www.hoombletoys.com you enter into a legally binding agreement with us on the following Terms and Conditions. You should read and understand these Terms and Conditions because they affect your rights and liabilities.
These are the Standard Terms and Conditions of Sale of Hoombletoys & Collectables Limited trading as Hoombletoys & Collectables www.hoombletoys.com, Registered Office Unit 12. Fushia Close, Havant, Hampshire, PO9 2FR, Retailer of Toys and Collectables Company No.6990758 Registered in England and Wales VAT Number 126013264 ("the Seller", "We" or "Us") for certain products as set out in the pages on this Website ("the Goods"). Subject to the provisions of Clause 4.2 below, the price of the Goods, the delivery charges and Value Added Tax where applicable are set out on the Order Form.
In accordance with the provisions of The Consumer Protection (Distance Selling) Regulations 2000, you have the right to withdraw from this transaction. Details of your right to withdraw can be found in Clause 9 below. PLEASE NOTE THAT THE RIGHT TO WITHDRAW FROM THE CONTRACT DOES NOT APPLY IN RESPECT OF ANY AUDIO OR VIDEO RECORDINGS OR COMPUTER SOFTWARE WHICH HAVE BEEN OPENED BY YOU.
THESE TERMS AND CONDITIONS DESCRIBE THE BASIS FOR THEPURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEBSITE.
1.1 In these Terms and Conditions
'Conditions’ mean the standard Terms and Conditions of Sale set out in this document;
‘Contract’ means the contract for the sale of the Goods;
'Payment card' means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
'Delivery Area' means anywhere we accept an order from within the United Kingdom, Europe and the rest of the World;
'Goods' means Goods which you have ordered including any instalment of the Goods or any parts for them which are available for purchase from our Website in accordance with these Terms and Conditions;
‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Order Form’ means the electronic order form completed and submitted electronically by you;
‘Regulations’ means the Consumer Protection (Distance selling Regulations 2000);
'Website' means our presence on the worldwide web, currently accessible via the address www.hoombletoys.com
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing or replacing the Act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 words importing the singular shall include the plural and vice versa;
1.3.2 words importing the masculine gender shall include the feminine gender and vice versa;
1.3.3 references to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Terms and Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Terms and Conditions.
2. Basis of the sale
2.1 We shall sell to you and you shall purchase only those Goods which you have set out in an order form and which has been acknowledged by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these Terms and Conditions.
2.2 You undertake that all details you provide for the purpose of ordering or purchasing Goods are correct.
2.3 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by us by email or in writing.
2.4 No variation to these Terms and Conditions shall be binding upon us unless and until agreed by us by email or in writing.
2.5 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
Orders and description of Goods
3.1 The Goods sold on this Website are subject to the Product Description which sets out the Terms and Conditions relating to the sale of that item. We will take all reasonable care to ensure that all details and prices of Goods appearing on this Website are correct at the time when the relevant information is entered onto the system. Although we aim to keep the Website as up to date as possible, information appearing on this Website at a particular time may not always reflect the exact situation at the moment you place your order.
3.2 The quantity, quality and description of the Goods will be those as set out in your Order form (if accepted by us), at which time we will also confirm the price of the Goods.
3.3 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.
3.4 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our Website.
3.5 You shall be responsible for ensuring the accuracy of the Terms and Conditons of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
3.6 We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements
4. Price of the Goods
4.1 The price of the Goods shall be the price set out on the relevant page of this Website. We reserve the right to change the prices set out on this Website provided that if we accept an order from you the price for the Goods will be the price set out in the relevant range at the time the order is placed.
4.2 We try to be very competitive with our prices but should a product be listed at an incorrect price due to typographical error or error in pricing information from our supplier we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed.
4.3 If the price of the Goods increase between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by email/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
4.4 The price of the Goods does not include insured postage or packaging. There will be an additional charge made relative to the size and amount of Goods insured for postage and packaging. This charge will be clearly shown on your Order form.
4.5 The total price is inclusive of any applicable Value Added Tax.
Terms of payment
5.1 Upon us accepting the order you confirm and undertake to authorise full payment for the Goods using Paypal, a secure third party, for all monies due.
5.2 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you or for any other reason the order cannot be processed, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
5.3 Where Goods are returned by you in accordance with your rights under the provisions of Clause 9, we shall credit the Payment Card through Paypal with the appropriate amount.
5.4 We will not pass your personal information on to any third party without your permission unless solely due to our negligence, we cannot be held liable for any losses you may suffer. If in any event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.
6.1 We will send you an automated email to confirm that we have received your order. We reserve the right to decline your order.
6.2 Delivery of the Goods shall be made by us or our carrier to the address for delivery shown on the Order Form. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when our carrier delivers. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
6.3 We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date. We cannot be held responsible for delays beyond our control. If we are unable to make the delivery date we will contact you. If delivery cannot be made within 30 days of the given delivery date you will be entitled to either arrange a revised date or cancel the order and receive a full refund. If we are able to make delivery in advance of the given date we will contact you.
6.4 If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date. In this instance delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these Terms and Conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
6.5 If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
6.6 Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled we will refund you any monies already paid by you and any reasonable return costs incurred by you.
7. Risk and property
7.1 As soon as our carrier has delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.
7.2 Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms and Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods and any other money outstanding. Goods supplied to you are not for resale.
8. Warranties and liability
8.1 We attempt to ensure that the information available on this Website at any one time is accurate. However Hoombletoys & Collectables Limited trading as Hoombletoys & Collectables www.hoombletoys.com assume no duty to update such information and cannot guarantee that it will be fault-free. Prices and availability of goods are subject to change.
8.2 Hoombletoys & Collectables Limited trading as Hoombletoys & Collectables www.hoombletoys.com does not accept liability (except as otherwise stated) for any errors and omissions in the presentation of Goods on the Website and reserve the right to change information specification and descriptions of listed Goods at any one time. Hoombletoys & Collectables Limited trading as Hoombletoys & Collectables www.hoombletoys.com will however do its best to correct any errors and omissions as quickly as practicable after being notified of them.
8.3 Hoombletoys & Collectables Limited trading as Hoombletoys & Collectables www.hoombletoys.com does not make any warrranty that its Website is free from infection by viruses or anything else that has contaminating or destructive properties.
8.4 The Terms and Conditions of this contract do not affect any additional rights you may have under a manufacturer’s warranty/guarantee. These are rights given to you by the manufacturer in addition to your statutory rights. Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.
8.5 As a consumer you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The Terms and Conditions of this contract do not affect your statutory rights. For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.
8.6 IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
You are asked to examine the Goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to us within 14 days from the date of delivery or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection.
8.7 Where a valid claim in respect of Goods delivered is notified to us within 14 days of the delivery date, or within a reasonable time if not apparent on reasonable inspection, you are entitled to:
8.7.1 reject the Goods and receive a full refund; or
8.7.2 have the Goods (or the part in question) replaced free of charge.
Any claims made after 14 days of delivery or exceeding a reasonable time of discovery, we shall be entitled to either:
8.7.3 replace the Goods (or the part in question) free of charge or
8.7.4 at our sole discretion refund to you the price of the Goods (or a proportionate part of the price) and we shall have no further liability to you.
8.8 Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:
8.8.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
8.8.2 such loss or damage is not a reasonably foreseeable result of any such breach;
8.8.3 any increase in loss or damage resulting from the breach by you of any term of this contract.
8.8.4 In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
8.9 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.
8.10 We assume no responsibility for the contents of any other Websites to which this Website has links.
9. Right to Cancel
9.1 You have a cooling off period of fourteen days after the date on which you have received the Goods to cancel the Contract, return the Goods at your cost and receive a full refund of the purchase price. We will not be liable for any carriage or cost incurred in returning goods unless they are defective or have been sent in error.
9.2 During the cooling off period any cancellation must be given by written notice by either party. A brief explanation will help us improve the future service we offer to our customers.
9.3 Goods must be returned complete and undamaged with all accessories and instructions. The original packing must be returned in saleable condition. If you fail to take reasonalbe care of the Goods before they are returned to us, and this results in damage or deterioration we will charge you for the reduction in value.
9.4 The right to cancel this contract will not apply in respect of:
9.4.1 Personalised Goods or Goods made to your specification
9.4.2 Audio, video recordings (including DVDs) or computer software you have unsealed
9.5 We make every effort to process refunds as quickly as possible although refunds may take up to 30 days. No liability is accepted by us for any costs or charges incurred by the Purchaser which may arise due to the processing of a refund. We recommend that proof of despatch is obtained for any goods returned in case of loss in transit.
9.6 In the event that we supply substituted Goods to you in accordance with the provisions of Clause 8.7, your right to cancel is as set out above except that the cost of returning the Goods shall be borne by us.
10.1 Any communication sent electronically by email or otherwise:
10.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
10.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
10.1.3 will be deemed to have been despatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
10.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
10.2 To protect your own interests you should ask for a delivery receipt for any such Goods and retain a hard copy of that delivery receipt and the original correspondence.
11.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
11.2 The clauses of these Terms and Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
11.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these Terms and Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
11.5 We try very hard to provide high quality customer service. We will try to solve any disagreement quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the United Kingdom.
11.6 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from transfer or sell any information obtained from this Website.
11.7 These Terms and Conditions are subject to change at our discretion. A copy of the latest version is available on request.
11.8 The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
11.9 The Governing law is that of England and Wales
© 2008 SafeBuy Services Ltd v3.4 and Hoombletoys & Collectables Limited Legal Team2012