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Terms & Conditions

Terms and Conditions
These terms and conditions are provided by Smyths Toys and its subsidiaries (referred to as 'us', 'our' or 'we' in these terms) and set out the terms and conditions under which you may use our website. Your use of this website constitutes acceptance of these terms and conditions. If you do not accept the terms and conditions, then you may not use the website. These terms and conditions may be revised at any time by us updating the website. Changes to these terms and conditions will be effective immediately when they are posted on the website. We reserve the right to close any, or all, of the website at any time, and to amend or correct any website content, with or without prior notice.

Terms and Conditions When Placing an Online Order

By Placing an order with Smyths Toys you agree that:
> Any information provided by you will be true, accurate, current and complete
> You are the authorised holder of any credit/debit card or PayPal account you may use on the website
> You will notify us immediately of any changes to any information you have submitted to the website
> We may collect, store and use information about you in accordance with our privacy policy
> You will only use the material on the website for your personal use only, and not for any commercial purpose whatsoever
> By clicking Confirm Order you are confirming your acceptance of these terms and conditions and that you are giving us permission to make a debit for this order
> E-mails sent will be deemed as read, it is your responsibility to ensure that the email address supplied is accurate and capable of receiving our e-mails
> You have read the below and accept these terms and conditions in relation to Price and Promotions, Shipping and Delivery, Contract Cancellation, Returns and Refunds and Data Protection.
>Products are for family domestic use only

We reserve the right to vary these terms and conditions at any time but, in respect of any ordered goods, the terms and conditions which apply shall be those which the customer has accepted when an order has been placed. Once an order is placed customers are deemed to have read and agreed to the terms and conditions. This agreement together with the standard terms and conditions of the website constitutes the entire agreement between you and the Smyths Toys Group of Companies with respect to the use of the website.
A contract is formed between us when (and not before) we dispatch your order. The order will not be accepted until we receive payment.
Any errors regarding website based information, quotation, price list, acceptance of offer, invoice or other documentation or information issued by us may be subject to correction without any liability on our part.


Price and Promotions
Free gift promotions advertised online and in our Winter Catalogue 2013 are available online while stocks last. If stock is available then this item will automatically add to your order and will be visible on your order confirmation. If stock is not available at the time of placing your order we are unable to offer this item at a later stage. In the case of discounted offers where one item is reduced when you purchase another item (ie. Buy one, get second half price) then you must add all items to your basket and the discount will be automatically applied. If this discount is not applied check the items you are adding to ensure they are included in the offer and contact us through the Help Centre should you require assistance. If you do not add the items to your basket then you will not avail of this offer.
The price displayed at time of purchase is the price you will pay and will not be affected by price increases or decreases. We are unable to offer a discounted price should the price of an item decrease after you make your purchase.
All voucher and discount codes must be entered on the ‘Shopping Basket’ page before proceeding to the checkout and cannot be applied if not entered at time of placing the order. If a code does not apply a discount please check the valid dates and if you require assistance please contact us through the Contact Us form in the Help Centre. Please ensure you read the terms and conditions of each voucher and discount code as they may vary.

Contract cancellation under the Distance Selling Regulations
Due to the quick turnaround of orders we are unable to amend an order once it has been placed. Customers must ensure they check their order carefully before submitting it for payment.
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us no longer than 7 working days after the day on which you receive the Products.
If you wish to exercise your right to cancel this contract we will refund the original purchase price and delivery charge, provided that you have notified us in writing no longer than 7 working days after the day on which you receive the Products, and that you have taken reasonable care of the Products and not used them. Please see below in relation to Returns and Refunds.
Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty or not as described - Unsealed CDs, DVDs, tapes or other recording media, video games and consoles and certain nursery items for hygiene reasons. This does not affect your statutory rights.

Shipping and Delivery

Delivery Failure
If you fail to take delivery of the ordered goods and they are returned to us, we will contact you upon their arrival via email. A refund of the cost of goods without shipping will be processed within 7 days unless you have notified us before then to advise that the goods are still required. If the goods are still required, we will require an additional shipping fee to make a second delivery. It is the responsibility of the customer to ensure there is someone at the delivery address at the specified date to sign for the parcel. If no one is present the courier may deliver the goods to a neighbour either side or directly opposite and should leave a card to advise where this parcel has been left. If a parcel has been delivered but you are claiming non receipt of a parcel then please allow 3 – 5 days from date of notifying us to allow us to investigate with the courier. If a refund is applied and the goods are later located then we reserve the right to place a debit for these goods unless you return them to us.

Stock Outs
Usually everything displayed on our site as in stock is present in our warehouse and available for immediate dispatch. If any ordered goods are not readily available to us, we reserve the right to cancel your order. We will refund in full any payment the customer has made for such goods. To avoid any doubt other goods ordered by the customer will be dispatched in the normal way. In the unlikely case of this happening we undertake to notify the customer at the earliest opportunity.

Delivery Timeframes
It is our experience that delivery is effected 99% of cases within the chosen delivery time periods. We use a third party courier service and on occasion human error may cause a package to be misdirected. Smyths Toys cannot be held responsible for a package not reaching its destination on time as delivery is the responsibility of a third party courier. We suggest to customers to place orders well in advance of parties and Christmas to allow for unforeseen delays. The customer should notify us if they do not receive their package when expected and we will endeavor to ensure it gets delivered as soon as possible. Upon delivery, it is the customer's responsibility to check the contents of their packages and inform us of any discrepancies at the earliest opportunity.

Exclusions
Next working day delivery and Free Shipping on orders over £40 excludes orders for large or bulky items or deliveries made to Northern Ireland or postcodes deemed the highlands and islands by our courier. Large, bulky orders are typically items over 30kgs however this is not an exact rule and some items may be classed as a large or bulky item even if they weigh less than 30kgs due to the product dimensions (ie. the length of the product falls outside that of a standard parcel). For deliveries of some large, bulky goods we may require someone present at the time of delivery to assist the driver. This will be stated when you add to your basket before you proceed to the checkout.
At certain peak times we are unable to offer next working day delivery and this will be highlighted at the checkout and in the Shipping and Delivery section in the HelpCentre.


Returns and Refunds

Incorrect Items
Please note that some items may be dispatched in an outer carton that differs in description to that of the items ordered. If you receive an item which differs in description please ensure that you check inside the box to confirm that the correct items are not inside the box, before contacting us. If the incorrect items are sent please contact us through the Contact Us form in the HelpCentre and we will arrange for the correct items to be sent and the incorrect items collected. In this instance we will arrange collection of the incorrect items on a date suitable for you within 7 days of the correct item being delivered. If the correct item has been delivered and the incorrect item is not collected then you will be liable for the cost of this item.

Transit Damage
If you receive a delivery and the item is damaged please refuse the delivery and notify us within 24 hours.
Where the damage is not noticeable until you open your parcel after you have signed for delivery then you must notify us within 48 hours. Please check all contents on receipt of your order. We are unable to accept a return of goods damaged in transit unless you notify us within 7 days of receipt of your order.

Faulty Items
In the unlikely event that you receive a faulty item you may return this item to us in accordance with your statutory rights. This item will be inspected and if it is deemed faulty then we will issue a suitable form of redress (replacement / repair/refund) which is at our discretion. We will cover the return postage costs of this faulty item. If an item is not deemed faulty following inspection, then we are unable to offer a replacement or refund and this item will be deemed ‘In Dispute’. A reason will be given as to why the product is in dispute. We are happy to re-ship such items back to the customer at the customer's cost. “In Dispute” items will be retained by us for 30 days from the date of notification to the customer that no fault has been found. After this time, “In Dispute” items may be destroyed by us in the event that the costs of re-shipping have not been forthcoming.

Unwanted Items
You may return any unwanted items within 28 days of receipt of that item. We will only accept a return of an item if it has been unused and is in its original condition. It is the responsibility of the customer to ensure that the item is returned in protective packaging and so it is not damaged on return and the customer is responsible for the return postage costs. If the item is damaged then we reserve the right to refund less than the price paid for that item. If an item does not meet these criteria then we will be unable to offer a refund and this item will be deemed ‘In dispute’. A reason will be given as to why the product is in dispute. We are happy to re-ship such items back to the customer at the customer's cost. In Dispute” items will be retained by us for 30 days from the date of notification to the customer that no fault has been found. After this time, “In Dispute” items may be destroyed by us in the event that the costs of re-shipping have not been forthcoming.
We're sorry Nursery items can't be exchanged or refunded for hygiene and safety reasons, unless they're faulty.

Refunds
During our busy season (October through to December) please allow up to 14 working days for refunds and replacements to be processed. We will aim to process all returns as quickly as possible. All refunds will be made to the card or PayPal account used at the time of placing the order.
The customers' statutory rights are not affected.

Data Protection
Your privacy is very important to us, that’s why we will never release your personal details to any company outside of the Smyths Toys Group for mailing or marketing purposes.
However, we would like to keep you up to date with our full range of products and services. This includes news of special events, offers, promotions, product launches and catalogues. We may contact you by post, telephone, SMS text messaging and/or email. We are constantly looking for ways to improve our service so, we may occasionally contact you for research purposes also. When you place an order with us you are agreeing to be included in our email database. Should you wish to be removed from our email database you may do so by clicking Unsubscribe on an email you receive or alternatively notify us through the Contact Us form on the Help Centre and we will remove you from our database. We will automatically add you to our mailing database for a free Smyths Toys 300 page catalogue unless you opt out. If you wish to be removed from this mailing database please notify us through the Contact Us form on the Help Centre and we will remove. We confirm that your personal information will only be used in accordance with our Privacy Policy (please see our website for full details). Your Personal Information may be disclosed to reputable third parties who will help process your order. The Smyths Toys Group of Companies requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable Data Protection and consumer legislation.

Description of Products
Each product on this website is listed subject to its Product Description. We take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was posted on the website.

Warranties
We do not give any warranty, condition, guarantee or representation, express or implied, relating to the information contained on this website or on any website to which it is linked. We make no representations or warranties concerning the accuracy, completeness or suitability for any purpose of the information and related graphics contained on this website, or on any website to which it is linked. We do not warrant that our website or any website to which it is linked or any relevant server are free of computer viruses or other harmful applications.

On Shelf Promise
Our on shelf promise is only valid if your item(s) are not available on the shelf and our customer service representative is unable to present you with your items within the time period on the guarantee. The on shelf promise is only valid for the store name printed on the guarantee. Certain products are available in assorted colours or characters. We cannot guarantee that your preferred colour or character within such assorted products will be available. In such instances our in stock guarantee does not apply.

Only one on Shelf Promise per product per person. You are only entitled to one product per On Shelf Promise print out. Certain products are available in assorted colours or characters. We cannot guarantee that your preferred colour or character within such assorted products will be available when you place your reservation. In such circumstatance an alternative colour or character will be placed in reservation for you.

Returns
1. Our returns policy states that we are happy to exchange or refund merchandise items if returned within one month of purchase (28 days), provided the goods are unused, unopened and in original packaging and accompanied by a valid Smyth’s Toys receipt.
2. Our returns policy does not extend to Software Zone and Nursery items and will be the Managers decision on each individual case.
3. For product integrity and hygiene reasons we are unable accept a return if it has been opened.
4. Most items are covered for up to one year against manufacturing faults, unless otherwise specified.
5. Software and Nursery warranty will be explained to you at the point of sale.
6. Your receipt is your proof of purchase and your warranty.

Payment
We accept all major credit and debit cards. We do not accept American Express or Diners Club. We use 3D secure to securely transmit your credit card information to Allied Irish Banks. Customer credit card information is not stored by us on our servers. 3D secure is a method of transmitting information between two secure servers. The server of our payment agent is certified.

Your Obligations
You agree that:
> Any information provided by you will be true, accurate, current and complete
> Confirm that you are the authorised holder of any credit/debit card you may use on the website
> To notify us immediately of any changes to any information you have submitted to the website
> We may collect, store and use information about you in accordance with our privacy policy
> That you will only use the material on the website for your personal use only, and not for any commercial purpose whatsoever.
> That you will not do any of the following without obtaining prior written permission for us;
> Redistribute or modify any of the content of our website
> Remove any copyright or trade mark notices from any copies of the content
> Create a database in electronic or structured manual form by systematically downloading and storing all or any of the content of our website
> This agreement constitutes the entire agreement between you and Smyth's Toys and its subsidiaries with respect to the use of the website.

These provisions (terms, conditions, disclaimers and exclusions) shall be construed in accordance with the laws of the United Kingdom.

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