1. What are these Terms and Conditions?
- These Terms and Conditions set out the terms on which Toy Box Club:
(a) offers for sale any Goods; and
(b) provides the Rental Services;
(c) provides the Website;
on which You agree to use the Website and to make Orders.
- These Terms and Conditions apply to all Orders made via the Website.
- Please review these Terms and Conditions carefully and make sure that You understand them before using the Website and/or making an Order. If You do not agree to these Terms and Conditions, You must cease use of the Website and must not make an Order through the Website.
In these Terms and Conditions:
“Account” means the account of a User with Toy Box Club which is created when a User registers with Toy Box Club by completing the registration form available on the Website;
“Cart” means the virtual shopping cart associated with Your Account on the Website which contains Goods selected by You for purchase;
“Customer” means any User who either purchases any Goods or Rental Subscription from Toy Box Club via the Website;
“Goods” means any toys or other items offered for sale through the Website (including any Toys which You are permitted to purchase from Toy Box Club;
“Listings” means a summary on the Website of Goods or Rental Subscription containing without limitation an image of the product (or a similar product), a description of the product and a statement of the price of the product;
“Membership” means the mandatory membership each User must purchase prior to making an Order. The current membership cost is £12 per year.
“One Off Rental” means a one of rental from Toy Box Club of a box of age-appropriate Toys.
“Order” means any request by a User to purchase any Goods and/or Rental Subscription made by selecting one or more Listings, adding such Listings to Your Cart and making payment for the contents of Your Cart (as further detailed in clause 5);
“Rental Subscription” means an agreement between You and Toy Box Club whereby You agree to rent from Toy Box Club a box of age-appropriate Toys for a specified duration (the “Rental Duration”). The box of Toys will be delivered to Your home address each month and picked up (and, during the Rental Duration, replaced with a new box of Toys) at the end of the month in accordance with the terms contained herein;
“Toy Box Club”, “we” and “us” are references to Toy Box Club Limited;
“Toys” means those toys provided as part of a toy box pursuant to a Rental Subscription.
“Website” means any website published by Toy Box Club from time to time including without limitation the website at www.toyboxclub.co.uk and its subdomains, any associated social networking profiles and any applications for mobile devices published by Toy Box Club from time to time.
“User”, “Your” and “You” means a user of the Website.
3. Acceptance of Terms and Conditions
By using the Website, purchasing a Rental Subscription and/or making an Order, You accept and agree to be bound by these Terms and Conditions.
Toy Box Club may at any time modify these Terms and Conditions. We will notify You of any changes to these Terms and Conditions either by emailing You (at the email address entered by You into the registration form on the Website) and/or by posting a notice on the Website. By continuing to use the Website and/or making any Order after changes to these Terms and Conditions are made and notified to You, You agree to be bound by such changes.
You can review the most current version of our Terms and Conditions at any time by clicking on the "Terms and Conditions" link located at the top of the Website. It is Your responsibility to ensure that You are familiar with the current Terms and Conditions. You are advised to check the above link on a regular basis.
4. What is the Website?
The Website is an electronic platform through which You can:
purchase a Rental Subscription; or
rent a one-off box of Toys;
purchase a box of toys or any particular Toy that Your child likes;
rent a special item.
Toy Box Club will also collect any unwanted or broken toys and give them away to charity or for recycling.
In order to purchase any Goods and/or Rental Subscriptions, You must have purchased a Membership.
When signing up for Membership, You will be linked to our payment services provider, Go Cardless. Go Cardless will take payment from Your chosen billing method. When You purchase a Membership, Go Cardless will set up a direct debit linked to Your bank account. You are reminded to review the terms of service of Go Cardless which will be viewable when you click to order the Membership.
Memberships are non-refundable and are for a period of 12 months.
Memberships will automatically renew at the end of each year. Toy Box Club will take payment using Your billing method on each anniversary of the purchase of Your Membership unless You have cancelled Your membership at least one month prior to the renewal date.
6. How to make an Order
Users may browse the Website for free and may view Listings without any obligation to make an Order.
Prior to purchasing any Goods and/or Rental Subscriptions and/or One Off Rentals, You must have purchased a Membership.
If You wish to purchase any Goods and/or Rental Subscription and/or One Off Rentals shown in a Listing, You may select the required service option through your personal account page.
The default setting for quantity of any Goods shown in a Listing is generally (though not always) one item. You may change the quantity by changing the number in the cart.
When You have finished selecting Goods and/or One Off Rentals, You may select the “Checkout” button at the bottom of Your Cart.
In the event that You have selected to purchase Goods outright or to purchase a One-Off Rental, You will be directed to our payment services provider for payment.
In the event that You have selected a monthly recurring Rental Subscription, You will be asked to authorise a direct debit in the sum of the Rental Subscription. The current prices of the Rental Subscriptions are detailed on the Website. This authority will roll on indefinitely until cancelled by you in accordance with the cancellation provisions below.
Toy Box Club will not see or receive Your credit or debit card or bank account details or the letters or numbers of Your secret code (to the extent that You are required to enter these). These will be viewable only by the payment provider and/or Your card issuer (as applicable).
When Your payment has been processed, You will receive a confirmation email from Toy Box Club and our payment services provider, Go Cardless.
On completion of the payment process which shall occur at the later of submission by You of Your credit or debit card or bank account details and (to the extent applicable) submission of the relevant letters or numbers of Your secret password, an Order will to have been made.
The cancellation and refund policies set out below shall apply to such Order.
You may only purchase a Rental Subscription if you are located in the UK. You may purchase Goods in any country to which Toy Box Club ships Goods. Where Goods are shipped to an address outside of the EU, import duties and charges may be applied to the Goods. These costs will be payable to You on delivery and are not included in the cost of the Goods.
7. Rental Subscriptions
Where You purchase a Rental Subscription, Toy Box Club agrees to rent the Toys to You for the Rental Duration unless the Rental Subscription is terminated earlier in accordance with these Terms and Conditions.
You are solely responsible for ensuring the Toys are cared and maintained for appropriately.
All Toys must be used and cared for in accordance with the use, care and maintenance and storage recommendations supplied by Toy Box Club.
Toy Box Club accepts no liability for any loss or damage arising out of any use, care, maintenance or storage of Toys that is not in accordance with what has been recommended by Toy Box Club or the manufacturer.
In the event that any Toys are damaged, Toy Box Club shall be entitled to charge you the retail price of any damaged Toys. You hereby agree to indemnify Toy Box Club against all losses, costs and fees incurred in respect of replacing any lost or damages Toys.
The Customer shall give immediate written notice to the Supplier in the event of any loss, accident or damage to the Goods arising out of or in connection with the Customer's possession or use of the Goods.
Any recommendation(s) given by Toy Box Club and/or the manufacturer in relation to the maintenance and care of Toys are only intended as a guide. You should use your own discretion when using Toys and in particular must ensure that all children are supervised when playing with Toys.
Toy Box Club will notify You of Your delivery date (the “Delivery Date”) once it has received payment from You in respect of the first month of any Rental Subscription. Go Cardless take approximately 5 days to take payment. Your Delivery Date will generally be on the Tuesday or Wednesday following the date on which Go Cardless notifies us that it has successfully taken payment.
Your Delivery Date will be fixed through the term of Your Rental Subscription.
In the event that You want to change Your Delivery Date, please contact Toy Box Club. We reserve the right to charge an administration fee to change any Delivery Date.
Delivery charges are applicable to the delivery of Toys purchased by You. Delivery of toy boxes making up a Rental Subscription will be free within Greater London. Delivery Charges are applicable to the delivery of toy boxes making up a Rental Subscription where the delivery address is located outside of Greater London. You will be required to contact Toy Box Club prior to making an Order for the purchase of Goods or a Rental Subscription where delivery is to take place outside of Greater London.
Delivery charges will be added at checkout.
Toy Box Club may rely on third parties to provide delivery services. Toy Box Club cannot be responsible if estimated timelines are not met.
9. Returns and Cancellation
Purchase of Toys
If for any reason You are unhappy with Your Order, You must return it to Toy Box Club in its original undamaged packaging within 14 days of receipt for an exchange or full refund.
To return Toys, You must follow the instructions on the reverse of the delivery note that is supplied with Your Order.
All Toys must be returned with their original delivery note in order for Toy Box Club to issue a full refund for the value of the Toys.
Refunds will only be credited to the original payment method used. The refund does not include any shipping or handling costs or administration fees charged for use of a credit card/Go Cardless
We strongly advise You to send all returned items by a secure signed for service. Any returned items must be insured for the full amount of the sum paid and signed for on delivery.
Toy Box Club shall not be responsible for any lost or damaged Toys. Therefore, You are advised to retain the proof of postage certificate for any Toys returned.
Where You decide that You do not wish to keep Toys that You have ordered, postal costs for returned Toys will be Your responsibility. In the event that Toys sent to You are damaged, faulty or incorrectly supplied, Toy Box Club will refund the postal costs incurred by You.
If You have opted to receive a refund Toy Box Club will credit the original purchaser's credit/debit card for the sum paid within 3 business days of receipt of the returned Goods. Card refunds may take 2-3 working days to appear in Your account.
In the event that You purchase a damaged Toy pursuant to clause 6.5, You shall not be entitled to a refund by reason of such Toy being damaged.
- When You select a Rental Subscription, by default You will be allocated a Rental Duration of 1 month. You may cancel any Rental Subscription within 14 days of the date that You make the Order for the Rental Subscription on condition that delivery of the Toys pursuant to the Rental Subscription (i) has not been arranged (ii) is not in process or (iii) has not occurred.
- You may not request a refund in respect of any Rental Subscription after you have received any Toys in any circumstances. For the avoidance of doubt, if Your child does not like the Toys delivered to You, this is not a ground for claiming a refund.
- You may cancel your Rental Subscription at any time by giving no less than one calendar month’s notice to expire on or before Your Delivery Date. You must not cancel Your Go Cardless account or the direct debit prior to the expiration of the term of Your Rental Subscription. We will be entitled to seek payment from You in respect of any sums due pursuant to Your Rental Subscription if we are unable to collect such funds via Go Cardless.
- Toy Box Club will collect used Toys at the same time as it delivers new Toys. Toy Box Club will email you the day before it is due to collect Toys. It is your responsibility to ensure that the Toys are ready to be collected at the time on the date on which they are scheduled for collection.
- All Toys provided by Toy Box Club are labelled. Toys must be returned with the label intact in the box in which they were provided. Toys must be in the box in good time for the scheduled collection.
- Toy Box Club may impose reasonable charges if any Toys are returned late.
- In the event that Toy Box Club (or its nominated delivery agent) is unable to deliver Toys, we will arrange to attempt delivery a second time. We reserve the right to impose a nominal charge of £10.00 in respect of each failed delivery.
- Failure to accept delivery of any Toys and/or failure to pick up any Toys shall not be a ground for any refund.
- No Rental Subscription is transferable.
Some Rental Subscriptions include a discount on all our services in respect of the person who has purchased the Rental Subscription. The discount only applies during the Rental Duration.
There is no cash alternative payable in respect of a discount and discounts may be subject to specific terms and condition.
A discount carries no cash face value.
11. Your Conduct
By downloading and/or using the Website, You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.
You agree and undertake to keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password.
You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms and Conditions.
You also agree not to:
attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
attempt to gain access to secured portions of the Website to which You do not possess access rights;
impersonate any other person while using the Website;
conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
resell or export the software associated with the Website;
use the Website to generate unsolicited advertisements or spam; or
use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
12. Our Rights
In providing You with access to the Website, publishing Listings and permitting You to make Orders for Toys and Rental Subscriptions via the Website, Toy Box Club reserves the following rights, and in accessing, browsing or otherwise using the Website and/or making any Order via the Website You grant to Toy Box Club and agree that Toy Box Club shall have the following rights:
- the right to refuse or withdraw Your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in Toy Box Club’s sole and absolute discretion You violate or breach any of these Terms and Conditions;
- the right to suspend, amend or disable Your Account without giving You notice or any reason;
- the right to remove or amend any Listing without giving You notice or any reason;
- the right to cancel any Order or amend in part any Order without giving You notice or any reason, save that in such circumstances Toy Box Club shall refund such part of the Order as has been cancelled by it;
- the right to cancel any Rental Subscription for any reason including without limitation that Toy Box Club believes in its sole and absolute discretion that Toys are being or may be lost, broken or damaged;
- the right to amend or update the Website, prices of any Toy or Rental Subscription, any Listing, billing methods or these Terms and Conditions from time to time;
- the right to report You to the police or other judicial body if Toy Box Club believes in its sole and absolute discretion that Your conduct (whether in using the Website, making an Order for any Goods or otherwise) is or may be unlawful.
13. Intellectual Property
Toy Box Club and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website.
The Toy Box Club brand and the Website are protected by UK and International copyright and other intellectual property laws. Without limitation, this means that You may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without Toy Box Club’s prior express written consent.
Notwithstanding the foregoing, You may communicate links to specific Listings on the Website and/or link to such Listings only if You are a blogger and/or journalist or with Toy Box Club’s prior written consent.
Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. Toy Box Club reserves the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website.
Toy Box Club and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Toy Box Club. They may not be used without Toy Box Club’s prior express written permission.
All other trademarks not owned by Toy Box Club that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Toy Box Club.
Whilst we have implemented commercially reasonable technical and organisational measures to secure Your personal information from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk.
15. Electronic Communications
By downloading and/or using the Website and/or viewing Listings and/or making any Order for any Toy and/or Rental Subscription through the Website, You consent to receiving electronic communications and notices from Toy Box Club. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
17. No Warranty and Liability Limit
Toy Box Club provides Website "as is" and without any warranty or condition, whether express, implied or statutory. Toy Box Club specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under the Sale of Goods Act 1979 (as amended).
In particular, Toy Box Club makes a claim relating to the cleanliness of Toys. This claim is based on independent third party research into the cleaning methods used by Toy Box Club. You acknowledge and agree that these results reflect average results and that Toy Box Club cannot guarantee the same level of cleanliness at all times in respect of all Toys.
Toy Box Club assumes no liability or responsibility for any errors or omissions in the Website; any failures, delays or interruptions in the Website or in delivery of any Toy or toy box pursuant to any Rental Subscription; any losses or damages arising from the use of the Website and/or any delay in delivery of any Toy or toy box pursuant to any Rental Subscription and/or any errors in any Order and/or any Toy or toy box pursuant to any Rental Subscription that are not of satisfactory quality or do not match the description of such Toy or toy box pursuant to any Rental Subscription in the relevant Listing, save that on request Toy Box Club shall refund the price of such goods subject to the policy on returns detailed above; and any conduct by users of the Website.
Toy Box Club reserves the right to deliver the Website, to publish Listings and to facilitate Orders in its sole and absolute discretion.
In no event shall Toy Box Club, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, the publication of any Listing, the placement by You of any Order, the delivery of any Toy or toy box pursuant to any Rental Subscription, the failure in whole or in part to deliver any Toy or toy box pursuant to any Rental Subscription or these Terms and Conditions, on any theory of liability, and whether or not advised of the possibility of damage.
Toy Box Club does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Toy Box Club.
If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
From time to time You may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, You agree to be bound by the Terms and Conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
Toy Box Club specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information appearing on the Website.
You agree to indemnify and hold Toy Box Club and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of Your breach of these Terms and Conditions and/or Your violation of any law or the rights of any third party.
You agree that these Terms and Conditions and any claim, dispute or controversy arising out of in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims), the Website, Toy Box Club’s advertising or any related transaction between You and Toy Box Club shall be governed by and construed in accordance with English law.
Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
Toy Box Club may change or discontinue the availability of the Website and at any time without prior notice. Toy Box Club reserves the right to terminate these Terms and Conditions for any reason, without notice, and these Terms and Conditions shall automatically terminate in the event that You violate any of the Terms and Conditions set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website and will not make any Order.
These Terms and Conditions are agreed between You and us. No person shall have any rights under or connection with these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.
If any court or competent authority decides that any term of these Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
Toy Box Club reserves the right to charge interest on any late payments at the rate of 8% per annum above the base rate of the Bank of England. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights under these Terms and Conditions without our prior express written consent.
These Terms and Conditions set forth the entire understanding and agreement between You and Toy Box Club with respect to the subject matter hereof.
These Terms and Conditions 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) shall be governed by and construed in accordance with the laws of England.
You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions agreement or their subject matter or formation (including non-contractual disputes or claims).