TERMS AND CONDITIONS: Our 'T's and C's'
Our Commitment to be Fair
TheToyShop.com and ELC.co.uk are operated by The Entertainer (Amersham) Limited (referred to as "TheToyShop.com/ELC.co.uk/TheEntertainer/we/our/us"). Although our Ts and Cs do not list all the provisions of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, we are committed to abide by these regulations which you can check out at: http://dshub.tradingstandards.gov.uk/ But we want to go further. Instead of offering you 14 days during which you can change your mind, we will give you 28 days from the day you receive your product as long as you return it to us in the original packaging and in a re-saleable condition (with any seals or wrapping unbroken).
This is the topline summary of the agreement we have with you when you place order from us:
- We will send you an email acknowledging your order after you've placed it.
- Your order is accepted and the contract between us is concluded when the product you ordered is despatched.
- We will debit the payment from your chosen method of payment at the time that you place your order.
- You may cancel your contract with us for the goods you order at any time up to the end of the 28 days from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. There are some conditions that you should check first which are set out in Contract Details no.4 below.
All the other contractual details are set out under T's and C's: The Contract Details below.
T's and C's - The Contract Details The Entertainer and Early Learning Centre websites are operated by
The Entertainer (Amersham) Limited
TEAL House, Anglo Office Park
67 White Lion Road
Bucks. HP7 9FB
Registered Company Number 02057757 (Incorporated in England) VAT Number 285 2009 09 You can find our contact details on our websites.
1.1 The prices payable for goods that you order are as set out in The Entertainer website. We try to ensure that all the prices shown on this website are accurate. However, occasionally products are mispriced. Where a product's correct price is lower than the stated price we will issue a refund for the difference and despatch the order in the usual way. Where a product's correct price is higher than the stated price we will inform you of the correct price and give you the opportunity to proceed with the order at the correct price or cancel the order. Where a reduced price is shown the item/s have been on sale at the higher price for 28 days or more.
1.2 You may be required to pay for delivery. Our delivery charges are set out on our website.
1.3 Price and availability information is subject to change without notice.
2.1 Payment can be made by the methods provided for you on Thetoyshop.com website and you must be over 18 to make a payment.
2.2 We will debit the payment from your chosen method of payment at the time that you place your order.
2.3 All prices include VAT (where applicable) at the applicable current UK rate.
3. Acknowledging your order
3.1 Following your confirmation of your order, we will send you an email to acknowledge your order. Please note that this email is not a confirmation or acceptance of your order.
3.2 If during processing we discover for any unforeseen reason that we cannot complete your order we will cancel the order and email you explaining why (for instance, a stock shortage, inability to obtain payment, or the identification of a pricing, product, or product description fault).
3.3 Your order is accepted and the contract concluded when the product ordered is despatched.
4. Right for you to cancel your contract
4.1 When you contract with us as a Consumer, you may cancel your contract with us for the goods you order at any time up to the end of the 28 days from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
4.2 You cannot cancel your contract with us if you are not a Consumer. If you are seeking to order more than five items of a single product in one order or a series of orders, you will unless we agree otherwise in writing be assumed to be operating in the course of a business. As such, any supply will be on the terms of our Business to Business supply contract, a copy of which is available on our website. Click here to view Business to Business terms.
4.3 To cancel your contract you must notify us by telephone, email, or in writing.
4.4 If you receive an item that you did not order, please notify us as soon as possible.
4.5 If you have received the goods before you cancel the contract then you must send the goods back to us at your own cost and risk in the original packaging and condition. You can find out how to return your order on our returns page.
4.6 Once you have notified us that you are cancelling your contract, any sum debited by us from your payment card will be re-credited to your account as soon as possible. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
5. Cancellation by us
5.1 We reserve the right to cancel the order if:
- We have insufficient stock to deliver the goods you have ordered
- We cannot obtain payment
- A product, price, or offer description fault has been identified
- We do not deliver to your area
5.2 If we do cancel your contract we will notify you by e-mail and will re-credit the payment method you used to pay as soon as possible but in any event within 30 days of your order.
5.3 We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. We may refuse to process 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 product from this website whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
6. Delivery of goods to you
6.1 The Entertainer will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. If you are unavailable to take delivery, you agree to delivery being made to a close neighbour or safe place (porch, shed or other such place).
6.2 Delivery will be made as soon as possible after your order is accepted.
6.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.4 Goods for delivery outside the United Kingdom may be subject to import duties, taxes and/or customs charges. These charges are levied once the parcel arrives at its destination, and must be paid by the recipient.
6.5 In order to get your order to you as quickly as possible, The Entertainer reserves the right to advise the couriers to deliver to a neighbours house if you are unavailable. When a signature is obtained for delivery we will not be liable for loss or destruction.
6.6 You have 5 working days to inform us of non-delivery after the expected delivery date as detailed in your confirmation email.
7. Damaged or Faulty Items
7.1 Please do not accept or sign for an order which is visibly damaged. If you receive an item which has been damaged in transit, please contact us as soon as possible. We will do our best to provide a replacement as soon as possible.
7.2 In the unlikely event that you receive an item which proves to be faulty we are happy to help. However, we do ask that you notify us of any problem within a reasonable period of time. We reserve the right to test the product before a suitable course of action is decided upon.
8. Proprietary Rights and Licences
8.1 All copyright in the text, graphics and layouts of this website and in all software and software compilations underlying the site is owned by or licensed to The Entertainer (Amersham) Limited.
8.2 You are not permitted, without our prior written consent, other than for personal, non-commercial purposes, to copy, transmit, reproduce, publish, display, distribute, store, modify or adapt this website, its material, contents or underlying software.
8.3 When you transmit or post any material to or on our website, you grant to us a non-exclusive, world-wide, perpetual, royalty-free licence under your copyright and other intellectual property rights to use or display or distribute that material in any way without any duty at all to account to you.
9. Trade Mark Information
9.1 "The Entertainer" trade mark used within this website is the property of The Entertainer (Amersham) Limited and other trademarks used are the property of their respective owners.
9.2 You are not permitted to use any of the above trademarks or any similar signs likely to confuse the public, without our prior written consent.
10. Use and storage of data
11. Photos taken in our stores
WHAT WE COLLECT:
If you visited one of our stores and provided your explicit prior consent, we may have taken a photo of you and/or your child(ren) during your visit (Photo(s)). We also collected a parent/guardian contact name and email address (Related Personal Data).
WHY WE COLLECT IT
HOW WE USE IT
We will share Photo(s) internally in our business for administrative purposes only. We may also share Photo(s) on our social media channels, and we may share them with the shopping centres that we are located in, and the press/media. The shopping centres may share Photo(s) on their social media channels, and they may be published by the press/media.
We will only use Photo(s) and Related Personal Data when the law allows us to. We will use your Photo(s) and Related Personal Data in the following circumstances:
- On the basis of your consent
- Where it is necessary for our legitimate interests (see “Legitimate Interests” section below, for further details)
- Where we need to comply with a legal or regulatory obligation
HOW LONG WILL WE KEEP IT
We will only retain the Photo(s) and Related Personal Data for as long as necessary to fulfil the purposes we collected it for.
SHARING YOUR PHOTO(S) AND RELATED PERSONAL DATA
In addition to third party shopping centres and press/media, we may have to share Photo(s) and Related Personal Data with third party law enforcement and fraud prevention agencies. However, we will not share Photo(s) and Related Personal Data collected from you in store, with marketing agencies.
YOUR RIGHT TO WITHDRAW CONSENT AT ANY TIME
In addition to your other legal rights regarding data (set out in the “Your Data, Your Rights” section below), you also have the right to withdraw your consent at any time, in relation to our use of the Photo(s) for the purposes set out above. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you would like to withdraw your consent, please write to:
The Customer Services Manager
The Entertainer (Amersham) Ltd.
Boughton Business Park
12. What are my consumer rights?
The Entertainer is committed to offering a fair service to our customers, so we adhere to the Consumer Rights Act 2015.
If you would like to read more of this legislation, please see here https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act
13. Governing Law
The contract between us shall be governed by and interpreted in accordance with English law and the jurisdiction of English courts.
14. Entire agreement
15. The National Autistic Society Charity
For every Ready Steady Dough product sold between 28/03/22 - 04/04/22, The Entertainer will donate 10% of the profit value to The National Autistic Society registered charity 269425 (England and Wales) and 039427 (Scotland).
16. Reseller Returns
If an order is placed and the buyer falls into the category of re-seller, no discount codes can be applied to the order. If this is found to be the case, The Entertainer/Early learning Centre reserves the right to cancel the order. No unwanted returns will be accepted from a customer who we deem to be a re-seller.
17. Online Blog
The content on our blog is provided for general information only and is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our blog. We do not exclude or limit in any way our liability to you where it would be unlawful to do so, including without limitation, liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. However, we will not be liable for any loss of profit, loss of business, business interruption, or loss of business opportunity. Although we make reasonable efforts to update the information on our blog, we make no representations, warranties or guarantees, whether express or implied, that the content on our blog is accurate, complete or up to date. Any links in our blog to other sites and resources provided by third parties are provided for your information only and should not be interpreted as approval by us of such sites and resources. We have no control over the contents of those sites or resources.