Terms and Conditions
By placing any orders through this website, you warrant that:
you are legally capable of entering into binding contracts;
• the personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
• you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Description of products and availability.
The advertising of Orchard Toys branded products ("product", "products" or "goods") on this website is an "invitation to treat" and a contract between us and you will only be created in accordance with the terms as described in Placing an Order and Acceptance of your Order ("contract").
Orchard Toys has taken every care in the preparation of the content of this website, in particular to ensure that as far as reasonably possible, prices quoted are correct at the time of publishing and that all products have been fairly described.
Packaging styles and/or colours may vary.
Placing an Order
When placing an order you are requested to read and agree to these terms and conditions. Any orders placed by you are subject to these terms and conditions. If you are unsure about any of the content of our terms and conditions please contact our Mail Order sales team on +44 (0) 1953 859520 before you place an order.
Acceptance of your Order
After placing your order an order acknowledgement will be sent to the email address you have provided, detailing the product(s) you have ordered and confirming prices.
The order acknowledgement is not an acceptance of your order. Acceptance of your order and formation of the contract will only take place once we have confirmed your credit or debit card authorisation for your order, and the products you have ordered have been despatched (unless we have notified you that we do not accept your order or you have cancelled it in accordance with the terms as described in Cancellations). We will send you a despatch confirmation email when the product you have ordered is despatched from our warehouse.
We reserve the right to decline any order you place and/or to supply any product ordered as a result of the product you ordered being unavailable from stock, our inability to obtain authorisation for your payment, or if you do not meet our eligibility criteria. The contract between you and us will be concluded in English. The details of your specific contract will not be filed by us.
The products ordered by you will be at your risk from the time of delivery, and ownership of them will only pass to you when we receive full payment of all sums due in respect of them, including delivery charges if applicable.
If you are contracting as a consumer, you may cancel a contract at any time within seven working days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products as well as the delivery charge.
In addition to the cancellation right set out above, if you are unhappy with your purchase we will refund a product within 14 days of receipt, provided it is returned to us in a fully re-saleable condition. If we find that the product has not been returned to us in a fully re-saleable condition we reserve the right to refuse a refund for the product, or deduct up to 20% of the original selling price from the refund amount.
To cancel an order, please contact our Mail Order sales team on +44 (0) 1953 859520. If you wish to exercise your right to cancel your order after the products you ordered have been despatched, please follow the procedure set out in Returns Procedure (below).
You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
This returns policy is specific to online purchases only.
We will only normally refund the delivery charge for sending the product to you if:
• the product is damaged, faulty, or does not match your order; or
• if you exercise your right to cancel your order within 7 working days (See Cancellations, above)
Please note this only applies to cancellation of the complete order; a return of part of your order will not result in the delivery charge being refunded.
The cost of returning the order to us is the responsibility of the original recipient of the order. In the case of unwanted goods being returned, we will not refund any duties or taxes that were imposed when the order was despatched to the recipient.
Products should be returned in their original packaging. If you do not have this packaging, please contact our Mail Order sales team.
• If you want to return any products pursuant to our Returns Policy, please contact our Mail Order Sales team by email at email@example.com or call us on +44 (0) 1953 859520.
• Once the returned goods have been received by us, we will review their condition before deciding in accordance with our Returns Policy whether to process the refund.
• When processing a refund for returned goods, we will refund by the original method of payment and you will receive an email confirming the refund amount.
• If we decide not to process any refund you will be contacted by our Mail Order sales team.
If you are unhappy with the way we have handled your order, or its return, Please contact us in the first instance. If you are not happy with the resolution you receive from us, you may refer to the Online Dispute Resolution Centre by clicking the link below (Customers in Europe only).
Price and payment
All prices are displayed inclusive of UK VAT but exclusive of delivery charges. For goods delivered to addresses outside of the UK any duties or tax are the responsibility of the recipient, and are not included in the prices displayed on the website. Our website contains a large number of products and it is always possible, despite our best efforts, that some of the products listed may be incorrectly priced. We will verify prices in any order acknowledgement email sent to you. All products are subject to availability. We will inform you as soon as reasonably possible if any products you have ordered are not available.
Promotions offered on this website may only be applicable to website orders.
We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased. This does not include or limit in any way our liability:
• For death or personal injury caused by our negligence;
• Under section 2(3) of the Consumer Protection Act 1987;
• For fraud or fraudulent misrepresentation; or
• For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:
• loss of income or revenue
• loss of business
• loss of profits or contracts
• loss of anticipated savings
• loss of data, or
• waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this shall not prevent claims for loss of or damage to the products that you have purchased or any other claims for direct financial loss that are not excluded by any of categories above.
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.
For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at firstname.lastname@example.org . We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified under Written Communications, above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a contract between us, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract between us, or any of our rights or obligations arising under it, at any time during the term of the contract.
Events outside our control
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 events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• Strikes, lock-outs or other industrial action.
• 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.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• Impossibility of the use of public or private telecommunications networks.
• The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of any contract between us, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Notices above.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract between us.
We each acknowledge that, in entering into a contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that contract or not) other than as expressly set out in these terms and conditions.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
Nothing in this clause shall limit or exclude any liability for fraud.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you confirmation of product despatch (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
Law and jurisdiction
Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Terms, Conditions and the use of our website
These terms & conditions set out the basis on which you can visit and use our website www.orchardtoys.com ("website"). Please read them carefully as they contain important information. If you want to ask us anything about these terms & conditions or have any comments or complaints about our website, please email us at email@example.com or call us on +44 (0) 1953 859520.
This website is owned and operated by Orchard Toys Limited ("Orchard Toys", "we" or "us") registered in England and Wales.
The registered office is Cawley House, 149-155 Canal Street, Nottingham, NG1 7HR.
The company number is 1460458.
The VAT number is GB 847 7299 69.
Access to and use of the website
By accessing the website, you agree to comply with these terms and conditions. These terms, together with any other notices on the website, govern your use of the website. Where you have chosen to access this website from outside the United Kingdom, you are responsible for compliance with local laws if and to the extent that any are applicable.
We reserve the right at any time to:
• modify or withdraw this website (or any part of it) without notifying you first and we shall not be liable to you for any such modification or withdrawal; and/or
• change these terms & conditions from time to time and your continued use of this website (or any part thereof). You should check the website from time to time to view the current terms and conditions, and other legal notices, as these are binding on you.
If you breach any of the terms set out here, your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts from the website.
Ownership of rights
You acknowledge and agree that copyright, trade marks and all other intellectual property, in all material on the website are owned by or licensed to Orchard Toys. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the express written permission of Orchard Toys. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, display, modify, distribute, or re-post anything on this website for any purpose.
The downloadable images within this website are for editorial purposes only and can only be used in connection with relevant subject matter to profile Orchard Toys positively. All images remain the property of Orchard Toys. Under no circumstances can these images be used for any personal or commercial purposes.
Any rights not expressly granted in these terms are reserved.
Links to other websites
For your interest and convenience, we may provide links to other websites or resources for you to access at your sole discretion. By using these links you are leaving the website. You acknowledge that we have no control over, and are not responsible for, any third party websites. The inclusion of links to third party websites does not imply any endorsement of the material on them or any association with their operators, and we have no responsibility or liability, directly or indirectly, for their privacy practices.
The material displayed on our site is provided "as is" and without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade;
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
While we try to ensure that the information on the website is correct, we do not warrant the accuracy and completeness of the material on the website. We may make changes to the material on the website, or to the products and prices described in it, at any time without notice. The material on the website may be out of date, and we make no commitment to update such material. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Password / account security
If you choose or are provided with a password and/or account details, you must treat such information as confidential. You are responsible for any activities that occur under your account. Orchard Toys shall not be liable to you or any third party for any loss or damage which may arise as a result of any failure by you to keep your password or account confidential.
Registered in England and Wales No. 1460458 Registered Office: Cawley House, Canal Street, Nottingham, NG1 7HR