Terms & Conditions

Terms and Conditions of our Website & App

Welcome to the Smyths Toys website. This website, and our app, are operated by Smyths Toys HQ, a company registered in Ireland with company number 501390 whose registered office is at Lyrr 1, Mervue Business Park, Galway, Ireland. Smyths Toys HQ VAT numbers are IE9812973W and GB 117254824. See here for more About Us.

These terms and conditions are provided by Smyths Toys HQ, its subsidiaries and associates (referred to as Smyths Toys, the Smyths Toys Group, 'us', 'our' or 'we' in these terms) and set out the terms and conditions under which you may use our website and app. Your use of this website, and our app, constitutes acceptance of these terms and conditions. If you do not accept the terms and conditions, then you may not use the website or the app.

These terms and conditions may be revised at any time by us updating the website and/or the app. 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 and/or the app at any time, and to amend or correct any website or app content, with or without prior notice.

Our Privacy Policy can be found here. Our privacy policy supplements these terms and conditions and by using our website and/or our app, you will be deemed to have read and accepted our privacy policy.

Any reference throughout our terms and conditions to website is regarded and should be understood to include a reference to our App.

We consider and confirm that all and any linked content to other documents and/or areas of our website form part of our Terms and Conditions.

Access to Website and App Content / Copyright
We are the owner (or licensee) of all copyright, trade marks and all other intellectual property rights in our website or mobile app (as applicable), and in the material and/or content published on it. You are permitted to use such material and/or content only as expressly authorised by us (or our licensors).  You acknowledge and agree that the material and/or content published on this website or mobile app (as applicable) is made available for your personal non-commercial use only and that you may only download such material and/or content for the purpose of using this website or mobile app (as applicable). You further acknowledge that any other use of the material and/or content published on this website or mobile app (as applicable) is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and/or content.

You may not systematically extract and/or utilise parts of the content of our website and/or app. In particular, you may not, without our prior written permission:

redistribute or modify any of the content of our website or app,
remove any copyright or trade mark notices from any copies of the content,
utilise any data mining, robots or similar data gathering and extraction tools to extract for re-utilisation of any parts of the website or app, and/or
create a database in electronic or structured manual form by systematically downloading and storing all or any of the content of our website or app

Your Account
If you use our website and/or our App, it is your responsibility to ensure the confidentiality of your account and password and that no unauthorised persons have access to them. You agree to accept responsibility for all activities that occur under your account or password. We shall not be liable to any person for any loss or damage that may arise as a result of your failure to keep your password and account protected.

Please ensure that your personal details are up to date. See here for how to do this.

We reserve the right to refuse access to our website, terminate accounts, remove or edit content or cancel orders at our discretion. If we cancel an order, you will not be charged.

Website & App Errors
We endeavour to present the most recent, most accurate and most reliable information on our website and app at all times. However, there may be occasions when some of the information featured may contain incomplete data, typographical errors or other inaccuracies. We try to ensure that all pricing on the website and app is accurate but occasionally an error may occur and goods may be incorrectly priced. Any errors are wholly unintentional and we apologies if erroneous information is reflected in the price or availability.

We will not be obliged to supply goods at the incorrect price. We present our content "as is" and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.

We have made every effort to display the products featured as accurately as possible. However, the colours we use, as well as the display and colour capabilities of the equipment you use to view our website and app, may affect the colours you actually see on the screen. We cannot guarantee that your equipment's display of any colour, texture or detail of products will be accurate/the same as the actual product.

Website & App Access
Given the unpredictability of technology and the online environment, we do not warrant that the function or operation of our website and/or app will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes it available will be free of viruses or other harmful elements. Also, your access to our website and app may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. As a visitor to, and user of our website and/or app, you agree that your access is undertaken at your own risk and it is your responsibility to ensure that you have the right equipment and software to safely access our website and/or app. We shall not be liable for damages or losses of any kind that you may incur from our use of or inability to access our website and/or app.

Terms and Conditions of Sale

The technical steps required to create the contract between you and us for online purchases are as follows:

You place the order for your products on our Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from smythstoys.com.
As your product is shipped from our warehouse we will send you a despatch confirmation email.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered.
You will be separately notified in the event that we do not accept your order, or where you have otherwise cancelled your order.
A contract is formed between us when (and not before) we dispatch your order.
In the case of goods purchased through our Click & Collect service, a contract is formed between us when (and not before) you collect your items. Your order will not be progressed until we verify payment.

By placing an order with us you agree that:

1. Any information provided by you will be true, accurate, current and complete
2. You are the authorised holder of any credit/debit card or PayPal account you may use on the website
3. You will notify us immediately of any changes to any information you have submitted to the website
4. We may collect, store and use information about you in accordance with our Privacy Policy
5. You will only use the material on the website for your personal use only, and not for any commercial purpose whatsoever
6. 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
7. 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
8. You have read and accept all terms and conditions including in particular the terms in relation to Price and Promotions, Shipping and Delivery, Contract Cancellation, Returns and Refunds and Data Protection.
9. 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.

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 are available online while stocks last. Where stock is not available at the time of placing your order we are unable to offer this item at any later stage under the promotional arrangement advertised.

The price displayed at time of purchase is the price you will pay and will in general 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.

Price savings are evaluated on prices in 2012 and 2013 Smyths Toys Catalogues or manufacturer's recommended retail price. Discounts deducted from lowest priced item. Buy 1 Get 1 Free refers to least expensive item free. Buy 2 Get 1 Free refers to buy 3 items and get the least expensive free. Buy 1 Get 2nd Half Price refers to least expensive half price.

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. For more information on what to do if a code does not apply expected discount, please see our FAQs here. Please ensure you read the terms and conditions of each voucher and discount code as they may vary.

20% Off All Toys In Store Only promotion Terms and Conditions: *20% Off discount is taken on the latest marked price and will be calculated at the checkout in store. This offer is valid in store only and is not valid online. Offer excludes purchases of gift, savings or POSA cards, plastic bags, video games, games consoles, Samsung, Nabi, Meep, and Wikipad tablets, Kurio tablets, Skylanders figures, Disney Infinity figures, MP3 players, or accessories. Customer limits apply. No bulk buying. This offer is not valid in conjunction with any other promotional offers or money off coupons. Offer valid from 19th September – 22nd September 2014 or while stocks last. Prices displayed on the website are online prices.

Contract Cancellation 

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.

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 14 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 14 working days after the day on which you receive the Products, that you have taken reasonable care of the Products and they remain unused and unopened. Please see our Returns policy here for further details.

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 clearly 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

We are delighted to offer a number of different shipping and delivery options to cater to our customers' requirements. We try to offer the best and most competitive shipping rates and any charges are only covering the cost of shipping as incurred by us from our third party delivery service providers. Where possible, we subsidise the shipping charge and do not pass this on to our customers. Please see here for further details on Shipping and Delivery options and terms.

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, you will be charged an additional shipping fee for 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.

In the unlikely event that any ordered goods are not readily available to us, we reserve the right to cancel your order. You will receive an email notification of any order cancellation as a result of stock out confirming that any pre-authorisation has been released and/or payment refunded for the goods in question, in line with our Payment Terms. To the extent that the out of stock item forms part of a larger order, all other goods ordered by the customer will be dispatched in the normal way.

Delivery Timeframes
It is our objective to achieve on time delivery on all orders. We monitor our delivery partners and our experience is that delivery is successfully effected within the chosen delivery time period in 99% of cases.

We use a number of third party courier service providers and on occasion human error may cause a package to be misdirected. Once despatched, the on time delivery of a package is the responsibility of the relevant courier company and Smyths Toys cannot be held responsible for a package not reaching its destination on time.

In order to avoid disappointment, we suggest that customers place orders well in advance of parties and Christmas to allow for any unforeseen delays.

For more help and advice on what to do in the event that you do not receive your Smyths package within the expected timeframe, please see our Shipping & Delivery FAQs here.

Returns

We are happy to exchange or refund goods if returned within 28 days of purchase, provided the goods are unused, unopened, in their original condition and packaging with all materials, manuals and accessories intact. All returns must be accompanied by a valid Smyth's Toys receipt or, for online returns, your order reference (WSU) number. Our returns policy does not extend to computer or games software where the seal has been broken or Nursery items.

Please see our here for full details and terms on our Returns policy.

Refunds

We aim to process all refunds as quickly as possible. During our busy season (October through to December) please allow up to 14 working days for refunds and replacements to be processed. All refunds will be made using the same payment method where goods are purchased in store and using the same card or PayPal account used at the time of placing the order for good purchased online.

The customers' statutory rights are not affected.

Please note that the time taken to process a refund and/or release any pre-authorisation taken on your card may vary depending on your bank or credit card provider. In our experience, it can take up to 8 days. This processing time is completely outside of our control and any delay is not on the part of Smyths Toys.

Data Protection

Your privacy is very important to us. 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 any email you receive or alternatively notify us through the Contact Us form here and we will remove you from our database.

You will automatically be added 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 here and we will remove your from our circulation list.

We confirm that your personal information will only be used in accordance with our Privacy Policy. Your Personal Information may be disclosed to reputable third parties who will help process your order. Smyths Toys 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

We take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct.

Payment Terms

We accept the following payment methods:

In Store:

Cash
Gift Card
Visa
MasterCard
Visa Debit
 

Online:

Visa
MasterCard
Visa Debit
PayPal
 

Unfortunately, we cannot process gift cards for online payments at this time. Gift cards can be redeemed in any one of our stores.

We do not accept the following payment methods either Online or Instore:

Cheques or postal orders
Eurocheque
International debit cards
Purchase orders
One for All Vouchers
Love to Shop Vouchers
 

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can be assured that this is done only to confirm your identity. Smyths Toys do not perform a credit check and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

For more information, please see our Privacy Policy here.

Gift Cards

Gift Cards for redemption at any one of our Smyths Toys Superstores can be purchased instore and online. Unfortunately, our webserver does not currently allow us to offer online redemption Gift Cards and so you cannot currently use gift vouchers to purchase items online. Our gift cards are valid for 12 months form the date of purchase.

Warranties

Most items are covered for up to one year against manufacturing faults, unless otherwise specified. Software and Nursery warranty will be explained to you at the point of sale. Your receipt is your proof of warranty.

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.

Safety & Regulations

Safety is our first priority at Smyths and all our products are tested to the relevant safety standards. Please ensure that you check the labelling on the packaging, which indicates the age group for which the product is suitable. Please take note of any other warnings or recommendations and keep toys intended for older children well away from younger children.

Toys make an essential contribution to child development. To ensure the best experience for our children, keep in mind the following Toy Safety Tips:

Before you buy your toy…

1. Read all warnings and instructions
2. Look for the CE mark, confirmation that the toy complies with all EU safety rules, which are amongst the strictest in the world
3. Choose toys suitable for the child's age, abilities and skill level
4. Follow the age recommendation
5. Do not buy toys with small detachable parts for children under 3 years of age

After buying your toy from us…

1. Follow carefully the instructions for proper toy assembly and use
2. Keep an eye on children as they play
3. Check toys from time to time for breakage or wear and remove broken toys immediately
4. Remove all packaging

Waste Electrical & Electronic Equipment (WEEE)

Recycling your old electricals is easy!

Recycle your electrical and electronic devices free at your local recycling centre. To find your nearest centre, visit the Recycle More website and type in your postcode (UK Customers) or visit www.environ.ie (Irish customers).

What is WEEE?
The Waste Electrical or Electronic Equipment (WEEE) Directive requires countries to maximise separate collection and environmentally friendly processing of these items.

Why recycle?
Unwanted electrical equipment is one of the fastest growing type of waste. Many electrical items can be repaired or recycled, saving natural resources and the environment. If you do not recycle electrical equipment will end up in landfill where hazardous substances will leak out and cause soil and water contamination – harming wildlife and also human health.

We're proud to support your local authority in providing local recycling facilities for electrical equipment. To remind you that old electrical equipment can be recycled, it is now marked with a crossed-out wheeled bin symbol. Please do not throw any electrical equipment (including those marked with this symbol) in your bin.

How are we helping? In the UK and Ireland, distributors including retailers must provide a system which allows all customers buying new electrical equipment the opportunity to recycle their old items free of charge. As a responsible retailer, we have met the requirements placed on us by financially supporting the national network of WEEE recycling centres established by local authorities. This is achieved through membership of the national Distributor Take Back scheme (DTS).

To find more information on WEEE recycling and to locate your nearest recycling centre please visit the Recycle More website or www.environ.ie

Waste Batteries and Accumulators Regulations

Under the Waste Battery Regulations, you can return your waste batteries to dedicated battery waste facility provided at the customer service desks in our stores.

Alternatively, you can find your local waste portable battery recycling facility at Recycle More website or www.environ.ie

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

© 2014 Smyths Toys