Terms & Conditions
This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website www.deaotoys.co.uk (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.deaotoys.co.uk. We are Deao Limted, a company registered in England and Wales under company number 08552357 and with our registered office at 13 Gelliwastad Road, Pontypridd CF37 2BW. Our main trading address is Unit 5, Tremorfa Industrial Estate, Cardiff, CF24 5SD. Our VAT number is 175 4780 77. To contact us, please email us on firstname.lastname@example.org.
1.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. Use of our site
3.1 We are the owner or the licencee of all intellectual property rights in our site and the materials displayed thereon (including but not limited to photographs or graphics). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You may access our site for your personal non-commercial use only. You may:
3.2.1 retrieve, download and display the contents of our site on a screen;
3.2.2 print copies of the content for your personal use;
3.2.3 download and store the content in electronic form.
3.3 You may not use the site or any of its content for any commercial, profit making or re-sale purposes.
3.4 Whilst we make every effort to ensure our site is available at all times, we cannot guarantee this will always be the same or that the site will be fault or error free. We will not be liable to you if our site is unavailable at any time.
3.5 Whenever you use any feature on our site which enables you to make a posting or upload any material to our site you shall not post or upload any material which is inaccurate, discriminatory, hateful, obscene, offensive, inflammatory, in breach of any UK law, be likely to deceive any party or which we otherwise consider to be inappropriate material for our site. We reserve the right to immediately remove any posting or material uploaded to our site.
4. How we use your personal information
5. Your rights and obligations as a consumer
5.1 You may only purchase Products from our site if you are at least 18 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. How the contract is formed between you and us
6.1 To place an order please follow the steps set out on our site.
6.2 Please note we only accept orders from the United Kingdom for delivery to an address within the United Kingdom.
6.3 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.4 If the information you have supplied is incorrect, it is your responsibility to identify the mistake. We do not accept liability if your order later proves to be incorrect or delayed due to the information you supplied either at the time of placing your order or any time thereafter being incomplete or inaccurate. If you think there is a mistake in your order please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
6.5 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.6.
6.6 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.7 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. Our right to vary these terms
7.1 We may revise these Terms from time to time in the following circumstances:
7.1.1 changes in how we accept payment from you;
7.1.2 changes in relevant laws and regulatory requirements.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8. Your consumer right of return and refund
8.1 As you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.3 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to email@example.com or by sending a letter to the trading address set out above or please contact our Customer Services telephone line to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
8.4 You will receive a refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.3. If you returned the Products to us because they were faulty or mis-described, please see clause 8.5.
8.5 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.6 If the Products were delivered to you:
8.6.1 you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
8.6.2 unless the Products are faulty or not as described (in this case, see clause 8.5), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. We will notify you of our charges for collection;
8.6.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.7 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
8.8 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
9.2 Delivery will be completed when we deliver the Products to the address you gave us.
9.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Should it be necessary to re-deliver the Products a further delivery charge will be incurred. We will notify you of the delivery charge at the time we contact you to re-arrange delivery.
9.4 The Products will be your responsibility from the completion of delivery.
9.5 You own the Products once we have received payment in full, including all applicable delivery charges.
9.6 Please note we can only deliver the Product to the same address where the payment or credit card used for payment is registered. We reserve the right to only deliver to this address and will not change the delivery address unless proof of new address can be verified.
10. Price of products and delivery charges
10.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 10.5 for what happens in this event.
10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11. How to pay
11.1 You can pay for Products using a Paypal account or debit or credit card. Payment for the Products and all applicable delivery charges is in advance.
12. Manufacturer warranty
12.1 Some of the Products we sell to you come with a manufacturer's warranty. For details of the applicable terms and conditions, please refer to the manufacturer's warranty provided with the Products.
12.2 If you are a consumer, a manufacturer's warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13. Our liability to you
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We specify on our site the age range for which each of our Products are suitable. We have no liability to you for any injury, loss or damage should you choose to purchase a Product for use by a child not within the specified age range.
13.4 Certain of the Products we sell may require you to assemble the Product in accordance with manufacturer instructions supplied or may be of the nature that supervised use of the Product is recommended e.g. outdoor toys such as swings. We have no liability for you for any injury, loss or damage incurred arising out of a failure to assemble or use of the Product in accordance with manufacturer instructions or should the Product be used other than for its intended purpose or where supervision has been recommended, without adult supervision.
13.5 We do not in any way exclude or limit our liability for:
13.5.1 death or personal injury caused by our negligence;
13.5.2 fraud or fraudulent misrepresentation;
13.5.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
13.5.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
13.5.5 defective products under the Consumer Protection Act 1987.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
14.3.1 we will contact you as soon as reasonably possible to notify you; and
14.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15. Other important terms
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Please note that these Terms are governed by English and Welsh law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.