Terms of service
TERMS OF SERVICE
Please read these terms and conditions (these 'Terms') carefully as they contain important information about your rights and obligations when using this website (the 'Website') and in particular clause 11.6 and 11.7. You should print a copy of these terms for future reference.
This website "Toys-Games.co.uk" is operated and owned by United Trading Ltd ('we'/'us'/'our'), a limited company (trading as Toys-Games.co.uk), registered in England and Wales under company number 10622431.
Throughout the site, the terms "toys-games.co.uk", “we”, “us” and “our” refer to United Trading Ltd. United Trading Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website / online store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our Website / online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1 How these Terms apply
1.1 By using the Website you are agreeing to comply with and be bound by these Terms regarding the use of the Website in consideration for us allowing you to access and use the Website. You must not use the Website if you do not agree to comply with and be bound by these Terms.
1.2 Use of the Website includes accessing, browsing or registering for the Website.
1.3 We reserve the right to change these Terms at any time. We will take reasonable steps to make
you aware of any changes to the Terms, for example by posting them on the Website. You agree
to be bound by the version of these Terms displayed on the Website at the time you use it.
2.1 You are responsible for making all arrangements necessary for you to have access to the Website.
2.2 You are responsible for ensuring that all persons who access the Website through your internet
connection are aware of these Terms, and that they comply with them.
2.3 We make reasonable efforts to ensure that the Website is available to view and use 24 hours a
day throughout each year however, this is not guaranteed. The Website may be temporarily
unavailable at any time because of server or systems failure or other technical issues, or reasons
that are beyond our control, required updating, maintenance or repair.
2.4 Where possible we will try to give you advance warning of maintenance issues but shall not be
obliged to do so.
2.5 You will need to register in order to access parts of the Website.
3 Registering on this Website
3.1 By registering on the Website you undertake:
3.1.1 That all the details you provide to us for the purpose of registering on the Website are
accurate and complete in all respects
3.1.2 You will notify us immediately of any changes to the information provided on registration
3.1.3 You are over 18 or if under 18 you have a parent or guardian's permission to register
with the Website under their supervision
3.1.4 To only use the Website using your own username and password
3.1.5 To make every effort to keep your password safe
3.1.6 Not to disclose your password to anyone
3.1.7 To change your password or to tell us immediately upon discovering that it has been
used without your permission
3.1.8 To neither transfer or sell your username or password to anyone, nor permit, either
directly or indirectly, anyone other than you to use them
3.1.9 To be responsible for all actions taken under your username and password
3.2 We reserve the right to suspend or terminate your access to the Website if you breach your undertakings in this clause.
4 Intellectual property
4.1 In these Terms, Intellectual Property Rights mean copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in software, design, materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to United Trading Ltd (trading as Toys-Games.co.uk), , moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
4.2 The software code contained in and related to the Website and the materials on the Website including text, images, videos, photographs and other materials are protected by Intellectual Property Rights owned by us and our licensors. You acknowledge that the Intellectual Property Rights in the Website and any software code used with and material supplied as part of the Website shall remain with us or our licensors.
4.3 Subject to clause 5 you may:
4.3.1 retrieve and display materials on the Website on a computer screen;
4.3.2 download and store in electronic form materials on the Website; and
4.3.3 copy and print one copy only of materials on the Website.
4.4 Copying, downloading, storing or printing the materials on the Website for any reason other than personal use or in accordance with clause 5.2.2 is expressly prohibited.
4.5 You agree that you will not (and will not assist or facilitate any third party to) otherwise reproduce, modify, copy, distribute, transmit, publish, display, commercially exploit or create derivative works from any of the materials on the Website.
4.6 No licence is granted to you to use any of our trade marks or those of our affiliated companies.
4.7 You agree that you will not use our or any Intellectual Property Rights in any way other than allowed under these Terms and any infringement by you of Intellectual Property Rights will be a breach of these Terms.
5 Use of the Website
5.1 You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these Terms as may be amended from time to time without notice to you.
5.2 Provided that you comply with the other provisions of this clause, you may download or print one copy only of pages of our website:
5.2.1 for your own private use; or
5.2.2 to draw attention to the content of our website to members of your organisation.
5.3 You must not:
5.3.1 download or print pages of the Website for commercial use other than use permitted by clause 5.2.2;
5.3.2 alter the content of any webpage you download or print; or
5.3.3 use any images, videos or photographs on the webpage without the accompanying text and our written authorisation.
5.4 You must:
5.4.1 keep intact all and any copyright and proprietary notices accompanying or attached to the materials on the Website you download, copy, store or print;
5.4.2 acknowledge us as the owners of the content of the Website;
5.4.3 erase any pages of the Website or materials on those pages downloaded other than in accordance with this clause; and
5.4.4 destroy any pages of the Website or materials on those pages printed other than in
accordance with this clause.
5.5 You must not modify, adapt, translate, reverse engineer, decompile or disassemble any code or program used by or in connection with the Website. You must contact us to request our consent if you wish to take any such action to create an interoperable program and we may provide such consent if you provide us with the information we request.
5.6 We provide access to and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
5.7 We reserve the right to:
5.7.1 Make changes to the information or materials on this Website at any time
5.7.2 Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party
5.7.3 Refuse to post material on the Website or to remove material already posted on the Website 5.8 You may not use the Website for any of the following purposes:
5.8.1 Disseminating any unlawful, harassing, libellous, abusive, threatening, fraudulent, malicious, harmful, vulgar, obscene, or otherwise objectionable material
5.8.2 Stalking, harassing, threatening, blackmailing any person or violating or interfering with the rights of any other person including their right to privacy
5.8.3 Transmitting material that encourages conduct that constitutes a criminal offence,
results in civil liability or otherwise
5.8.4 Breaching any applicable local, national or international laws, regulations or code of practice
5.8.5 Gaining unauthorised access to other computer systems
5.8.6 Interfering with any other person's use or enjoyment of the Website
5.8.7 Breaching any laws concerning the use of public telecommunications networks
5.8.8 Interfering with, disrupting or damaging networks or websites connected to the Website
5.8.9 Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website or the contents of the Website
5.8.10 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
5.8.11 To create and/or publish your own database that features all or substantial parts of the Website or the contents of the Website
5.8.12 Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
5.8.13 Selling or re-selling or using for commercial purposes any of the content of or access to the Website or using for commercial purposes any of the content of or access to the Website
5.8.14 To represent to others that there is any connection between the Website and your business or your views and opinions or that we endorse you or anything connected to you
5.9 In addition, you must not:
5.9.1 Knowingly introduce viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
5.9.2 Impersonate any other person or fraudulently provide us with incorrect information
5.9.3 Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
5.9.4 Attack the Website via a denial-of-service attack or a distributed denial-of service attack
5.9.5 Damage, disrupt or interfere with any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website
5.9.6 Remove any copyright notice or notice of any other intellectual property right from the Website or any materials on the Website
5.10 A breach of clause 5.9 or 5.8 may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
6 Suspending or terminating your access We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
6.1 You breach these Terms (repeatedly or otherwise)
6.2 You are impersonating any other person or entity
6.3 When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
6.4 We suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent, defamatory or illegal activity on the Website
7.1 You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
7.2 You will grant us a licence to use, store, copy, make available to third parties, distribute and publish the content of any review submitted by you.
7.3 You undertake that any review, feedback or rating that you write shall:
7.3.1 Comply with applicable law in the UK and the law in any country from which they are posted
7.3.2 Be factually accurate
7.3.3 Contain genuinely held opinions (where applicable)
7.3.4 Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
7.3.5 Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
7.3.6 Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach any legal duty you owe to a third party
7.3.7 Not be used to impersonate any person, or to misrepresent your identity
7.4 We are not responsible to any third party for the content or the accuracy of the content which you have posted or uploaded.
7.5 You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
7.6 You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
7.7 We reserve the right to publish, edit or remove any reviews without notifying you.
7.8 You agree that we may disclose your identity to any third party who claims that content which you have posted or uploaded infringes their intellectual property rights or right to privacy or is defamatory.
7.9 The views expressed by other users on the Website do not represent our views or values.
8 Linking to the Website
8.1 You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
8.2 Any agreed link must:
8.2.1 Be to the Website's homepage and not to any other page on the Website
8.2.2 Be established from a website or document that is owned by you and does not contain content that is offensive, controversial, defamatory, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
8.2.3 Be provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
8.2.4 Not suggest any form of association, approval or endorsement on our part where none exists
8.2.5 Not cause the Website or content on the Website to be embedded in or 'framed' by any other website
8.2.6 Not cause the content of the Website to be displayed differently from the way it appears on the Website
8.3 We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
8.4 We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
9 External links
To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
9.1 The privacy practices of such websites
9.2 The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
9.3 The use which others make of these websites
9.4 Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
10.1 The content on the Website is provided for general information only. It is not intended to be advice on which you should rely. It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
10.2 We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
10.3 The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms or required by law).
10.4 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
10.5 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
10.6 You are responsible for maintaining appropriate anti-virus software on and appropriately configuring the technological devices, platform and computer programs you use to access the Website that are in your control. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
11 Limitation of liability and indemnity
11.1 If you are a consumer, nothing in these Terms affects your legal rights. You can obtain advice about your legal rights from Citizens Advice if you need to.
11.2 We cannot exclude or limit our responsibility to you for:
11.2.1 Death or personal injury resulting from our negligence
11.2.2 Fraud or fraudulent misrepresentation
11.2.3 Action pursuant to section 2(3) of the Consumer Protection Act 1987
11.2.4 Any liability, right or remedy which we cannot exclude or limit pursuant to the Consumer Rights Act 2015
11.2.5 Any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability
11.3 We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses where they have arisen from use of or inability to use the Website for commercial purposes, or use of or reliance on any material or content displayed on the Website or on any linked websites for commercial purposes:
11.3.1 Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
11.3.2 Any loss of goodwill or reputation
11.3.3 Any special or indirect losses
11.3.4 Any loss of data
11.3.5 Wasted management or office time
11.3.6 Any other loss or damage of any kind
11.4 If you are not a consumer we exclude all liability, including any liability in negligence, arising from your use or inability to access or use the Website other than that referred to in clause 11.2.
11.5 If you are a consumer, we are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Terms or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us before using the Website. We are not responsible for unforeseeable losses.
11.6 If you are not a consumer, you agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
11.7 If you are a consumer you agree to fully reimburse us, our officers, directors, employees and suppliers for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other act or omission by you in using the Website or by any other person accessing the Website using your personal information with your authority that results in any legal responsibility on our part to any third party.
12 Use of personal data
You authorise us to transmit your name, address and other personal information supplied by you (included updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
13.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
13.2 Each of the sub-clauses of these Terms should be considered separately. If any of these Terms are found to be unenforceable, invalid or illegal, the rest of these Terms will continue to have full effect.
13.3 These Terms are in English only.
13.4 We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights. We will not be bound by any agreement not to enforce our rights under these Terms unless we have agreed not to do so in writing.
13.5 Any delay by us in enforcing our right, non-enforcement of our rights or agreement not to enforce our rights in respect of one breach by you of these Terms will not prevent us from fully enforcing our rights in respect of any other breach by you of these Terms.
14 Governing law and jurisdiction
14.1 The Website is controlled and operated in the United Kingdom.
14.2 If you are a business, these Terms are governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over legal proceedings in connection with your use of the Website, any breach of these Terms and any question in connection with the interpretation or application of these Terms.
14.3 The Terms are governed by the laws of England and Wales and you can bring legal proceedings to the exclusive jurisdiction of the English courts. If you live in another country in the EU, you can bring legal proceedings to the exclusive jurisdiction of the English courts.
By using this website and its services you agree to all terms, conditions and policies.
General Terms and Conditions
15 We reserve the right to refuse service to anyone for any reason at any time.
15.1 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
15.2 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
15.3 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
15.4 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
15.5 Prices for our products are subject to change without notice.
15.6 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
15.7 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
15.8 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
15.9 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
15.10 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
15.11 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
15.12 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
16. Optional tools
16.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
16.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
16.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
16.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
16.6 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
16.7 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
16.8 You agree to indemnify, defend and hold harmless United Trading Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.