This page tells you information about us, My Pocket Money Toy Limited and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our Site www.mypocketmoneytoy.com (our Site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
1. Information about us
1.1 My Pocket Money Toy Limited is a company registered in Scotland, SC364340 and operates the website www.mypocketmoneytoy.com. Our registered office is 56 Mansionhouse Gardens, Glasgow, G41 3DP.
1.2 To contact us, please email firstname.lastname@example.org.
2. Our Products
2.1 My Pocket Money Toy Limited is a distributor only. Products distributed by My Pocket Money Toy Limited are not manufactured by My Pocket Money Toy Limited.
2.2 Images of the Products on our website, www.mypocketmoneytoy.com are for illustrative purposes only and are intended to act as a guide of what to expect in the monthly subscription box. We have made every effort to display the colours accurately, however we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Packaging of the Products may vary from that shown on images on our Site.
2.3 All Products shown on our Site are intended to act as a guide only. Contents of boxes change on a monthly basis and are always age appropriate to the age selected by you.
3. Use of our Site
3.2 Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on our Site for commercial purposes without a licence from us. You may not reproduce in any format (including on another website) any part of our Site (including content, images, designs, look and feel) without our prior written consent. If, in our opinion, you are in breach of these provisions, your right to use our Site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
3.3 Reliance on information and links
The contents of our Site (including links to other Sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
3.4 Information about you and your visits to our Site
3.5 Linking to our Site
You may link to our Site only if you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. If you wish to make any use of material on our Site other than that set out above, please address your request to email@example.com.
3.6 Viruses, hacking and other offences
You must not misuse our Site by knowingly introducing any material that 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 failing to comply with this provision, you would commit a criminal offence and your right to use our Site will cease immediately and we will report your actions to the relevant authorities.
3.7 Our liability
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. 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 (whether by us or a third party), 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. This does not affect any liability which cannot be excluded or limited under applicable law.
3.8 Jurisdiction and applicable law
4. How we use your personal information
5. If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our Site if you are at least 18 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. How the contract is formed between you and us
6.1 To place an order on our Site, add your choice of subscription or one-off products to your basket, proceed to checkout and follow the checkout instructions.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched. The Contract between us will only be formed when we send you the dispatch confirmation email.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. Our right to vary these terms
7.1 We may revise these Terms from time to time in the following circumstances: (a) changes in how we accept payment from you; (b) changes in relevant laws and regulatory requirements
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. Your consumer right of return and refund This clause 8 only applies if you are a consumer.
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling Regulations 2000) during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 Your legal right to cancel a Contract starts from the date of the dispatch confirmation email, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not considered as a working day.
8.3 To cancel a Contract, please login in to your account and select the Cancel option. You will receive confirmation of the cancellation at this point, please keep this confirmation for your records. You may cancel your subscription at ay time.
8.4 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid. This will be done upon return of the My Pocket Money Toy box to us. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.3. If you returned the Products to us because they were faulty or mis-described, please see clause 8.5.
8.5 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.6 We refund you on the credit card or debit card used by you to pay.
8.7 If the Products were delivered to you: (a) you must return the Products to us as soon as reasonably practicable; (b) unless the Products are faulty or not as described (in this case, see clause 8.5), you will be responsible for the cost of returning the Products to us; (c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.8 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.1 Orders from our www.mypocketmoneytoy.com will be fulfilled within 3 – 5 working days, unless there is an event Outside Our Control. If we are unable to meet the estimated delivery date because of an event Outside Our Control, we will contact you with a revised estimated delivery date.
9.2 Delivery will be completed when we deliver the Products to the address you gave us.
9.3 If no one is available at your address to take delivery, Royal Mail will inform you of the process for collection.
9.4 The Products will be your responsibility from the completion of delivery.
9.5 You own the Products once we have received payment in full, including all applicable delivery charges.
10. No international delivery
10.1 Unfortunately, we do not delivery to addresses outside the UK.
10.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
11.Price of products and delivery charges
11.1 The prices of the Products will be as quoted on our Site. We take all reasonable care to ensure that the prices of Products are correct. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a dispatch confirmation email.
11.3 The price of a Product includes VAT (where applicable). However, if the rate of VAT changes between the date of your initial subscription order and the date of any future deliveries, we will adjust the VAT you pay, unless you have already pre-paid for the Products in full (one-off purchases) before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site.
11.5 Our site contains a wide range of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that: (a) where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price; and (b) if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
12. How to pay
12.1 You can only pay for Products using a debit card or credit card.
12.2 Payment for the Products and all applicable delivery charges is in advance.
13. Our liability if you are a consumer.
This clause 13 only applies if you are a consumer.
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.
14. Events Outside Our Control
14.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15. Communications between us
15.1 When we refer, in these Terms, to “in writing” this relates to e-mail correspondence.
15.2 If you are a consumer: (a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8. You may wish to keep a copy of your cancellation notification for your own records. (b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail at firstname.lastname@example.org.
15.3 If we have to contact you or give you notice in writing, we will do so by e-mail or to the address you provide to us in your order.
16. Other important terms
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 13 to the recipient of the gift without needing to ask our consent.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 13, but we and you will not need their consent to cancel or make any changes to these Terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 If you are a consumer, please note that these Terms are governed by Scottish law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Scottish law. You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
16.7 We will not file a copy of the Contract between us.
If you subscribe to My Pocket Money Toy or place an order through MyPocketMoneyToy.com, we will ask you for your name, e-mail address, shipping address, telephone number, credit card information, recipient information (which includes gender and name). We use this information to process and fulfil your order and to notify you of your order status. The recipient information is used to tailor the box contents. All archived credit card information is maintained in a secure and safe environment. Telephone numbers and e-mail addresses are used to contact you regarding your order. In addition, when you respond to a prize draw, competition, survey, questionnaire or other promotional feature, we may ask you for your name, address and email address or other personal information.
We do not collect any personal information about you unless it is voluntarily provided by you. My Pocket Money Toy LTD will never sell, rent or share your personal information, including your e-mail address, with any third parties for marketing purposes without your express permission.
How We Use Your Information
In connection with their performance of services to maintain and operate the Site and certain features on the Site, certain trusted third parties may be permitted to access your information. For example, we may use third parties to host the Site; operate various features available on the Site and; send emails; analyse data; provide search results and links and assist in fulfilling your orders.
Disclosure of your information
We may disclose your personal information to third parties in the following circumstances: – To any prospective seller or buyer of all (or part of) our business or assets; If we are required to do so by law, any applicable regulation or to protect the rights, property, or safety of ourselves or others. This may include disclosing to other companies and organisations in connection with fraud protection and credit risk reduction.
We use non-personally identifiable information in the aggregate, so that we can improve the Site and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information. If you submit your email address it will be added to a mailing list, we will use the email address for the sole purpose of sending you announcements, updates and special offers from My Pocket Money Toy. You may unsubscribe by sending an email to email@example.com.
We use your feedback to improve our Site and our service. If you choose to provide information about yourself, we will not use the information for any purpose other than to respond to your enquiry or to act on your suggestion or comment. We will not share your information with others except with your permission or upon your request.
Comments you voluntarily post on public forums such as our social media pages will, of course, be displayed publicly along with the name you submit and the time at which you submitted the comment.
How We Protect Your Information
We are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our systems. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.
We use Stripe third-party payment system to store and secure your payment information and execute transactions securely. We do not store any of your payment data on our servers. If you have any questions regarding your payment data, please email firstname.lastname@example.org.
Links to other websites
Access to your information
You have the right under the Data Protection Act to access the information that we hold about you. If you wish to exercise this right, please send your request to email@example.com. In order to meet our costs in responding, we will charge you a fee of £10. If you believe that any information we are holding on you is incorrect or incomplete, please email firstname.lastname@example.org as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
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