Terms & Conditions
Please read the product descriptions carefully. All sales are subject to the following terms and conditions & these terms do not affect your statutory rights as governed by; Consumer Rights Acts - 1st October 2015.
This agreement applies as between you, the user of this website and TRACS Toy Store, the owner(s) of this website. Your agreement to comply with and be bound by clauses 1, 2, 5 – 12 and 16 – 26 of these terms & conditions is deemed to occur upon your first use of the website. Clauses 3, 4, and 13 – 15 apply only to the sale of goods. If you do not agree to be bound by these terms & conditions, you should stop using the website immediately.
No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.
- Definitions & Interpretation
In this agreement the following terms shall have the following meanings:
means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
means any third party responsible for transporting purchased Goods from our Premises to customers;
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
means any products that tillyrootoys.co.uk advertises and/or makes available for sale through this Website;
means collectively any online facilities, tools, services or information that tillyrootoys.co.uk makes available through the Website either now or in the future;
means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
Means Our place(s) of business located at tillyrootoys.co.uk
55B Friary Park
Isle of Man
means any online communications infrastructure that tillyrootoys.co.uk makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Website and is not employed by tillyrootoys.co.uk and acting in the course of their employment;
means the website that you are currently using (www.tillyrootoys.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions;
means TRACS Toy Store, a business registered on the Isle of Man at
17 Peveril Road
Isle of Man
- Age Restrictions
2.1 Persons under the age of 18 should use this website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.
- Business Customers
3.1 These terms & conditions also apply to customers buying goods in the course of business.
- International Customers
4.1 If goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your goods reach their destination. We are not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the goods are being imported. Please be aware that goods may be inspected on arrival at port for customs purposes and that we cannot guarantee that the packaging of your goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
- Intellectual Property
5.1 Subject to the exceptions in clause 6 of these terms & conditions, all content included on the website, unless uploaded by users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of TRACS Toy Store, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
5.2 Subject to clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given our express written permission to do so.
- Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual property rights including, but not limited to, copyright & trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the website or unless given express written permission to do so by the relevant manufacturer or supplier.
- Fair Use of Intellectual Property
7.1 Material from the website may be re-used without written permission where any of the exceptions detailed in chapter III of the Copyright Designs & Patents Act 1988 apply.
- Links to Other Websites
8.1 This website may contain links to other sites. Unless expressly stated, these sites are not under the control of TRACS Toy Store or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
- Links to this Website
9.1 Those wishing to place a link to this website on other sites may do so, to any page of the site, without our prior permission. Deep linking (i.e. links to specific pages within the site) is encouraged and prior permission is agreed.
- Use of Communications Facilities
10.1 When using systems on the website you should do so in accordance with the following rules. Failure to comply with these rules may result in your account being suspended or closed:
10.1.1 You must not use obscene or vulgar language.
10.1.2 You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist.
10.1.3 You must not submit content that is intended to promote or incite violence.
10.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages.
10.1.5 The means by which you identify yourself must not violate these terms & conditions or any applicable laws.
10.1.6 You must not impersonate other people, particularly employees and representatives of TRACS Toy Store or our affiliates; and
10.1.7 You must not use our system for unauthorised mass-communication such as “spam” or “junk mail”.
10.2 You acknowledge that TRACS Toy Store reserves the right to monitor any and all communications made to us or using our system.
10.3 You acknowledge that TRACS Toy Store may retain copies of any and all communications made to us or using our system.
10.4 You acknowledge that any information you send to us through our system may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and We reserve the right to reject such terms and associated information.
11.1 In order to purchase goods on this website and to use certain other parts of the system, you may be required to create an account which will contain certain personal details and payment Information which may vary based upon your use of the website, as we may not require payment Information until you wish to make a purchase. By continuing to use this website you represent and warrant that:
11.1.1 All information you submit is accurate and truthful;
11.1.2 You have permission to submit payment information where permission may be required; and
11.1.3 You will keep this information accurate and up-to-date.
Your creation of an account is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your account details being shared by you. If you use a shared computer, it is recommended that you do not save your account details in your internet browser.
11.3 If you have reason to believe that your account details have been obtained by another person without consent, you should contact us immediately to suspend your account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are being made to your custom requirements.
11.4 When choosing your username you are required to adhere to the terms set out above in clause 10. Any failure to do so could result in the suspension and/or deletion of your account.
- Termination & Cancellation of Orders
12.1 Either tillyrootoys.co.uk or you may terminate your account/order. If we terminate your account/order, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If we terminate your account/order, any current or pending purchases on your account will be cancelled and will not be dispatched.
12.3 We reserve the right to cancel purchases without stating reasons, for any reason prior to dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days.
12.5 If you terminate your account, any non-dispatched purchases which have not been yet made will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days
12.6 Customers have the right to cancel within the cooling off period of 14 days from the order being placed.
12.6.1 Use of the tillyrootoys.co.uk contact details to address your cancellation within 14 days is required. Add the phrase "Cancel" in the email subject box to confirm your cancellation request.
13 Goods, Pricing & Availability
13.1 Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of goods available from us correspond to the actual goods, we are not responsible for variations from such descriptions. Please refer to clause 15.1 for incorrect goods.
13.2 Where appropriate, you may be required to select the required size, model, colour, number and/or other features of the goods that you are purchasing.
13.3 All pricing information on the website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every 24 hours.
13.4 In the event that prices are changed during the period between an order being placed for goods and Us processing that order and taking payment, the price when ordering applies.
13.5 All prices on the website include VAT.
14.1 Products and product designs can be updated at any time, please read the product descriptions carefully.
- Orders & Delivery
15.1 No part of this website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending to you an order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between TRACS Toy Store and you.
15.2 Within 24 hours of your order being dispatched, you will receive a confirmation email. If you have not received your parcel within 7 working days from dispatch, please contact the office and we will provide tracking information for the parcel. If your parcel has not arrived within 14 days, please contact your local sorting office to check that it isn’t awaiting collection (even if a card has not been left) as we cannot be held responsible for delivery failure. If your parcel is returned to us as undelivered, a delivery charge of £3.49 will be charged to repost. Please note that in the unlikely event of a missing parcel, we cannot offer a replacement or refund your order until the parcel has been officially classed as missing by the carrier which is currently 30 days from posting.
15.3 Order confirmations under sub-clause 14.1 shall contain the following information:
15.3.1 Confirmation of the goods ordered including full details of the main characteristics of those goods;
15.3.2 Fully itemised pricing for the goods ordered including, where appropriate, taxes, delivery and other additional charges;
15.3.3 Estimated dispatch time(s);
15.4 If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
15.5 The risk in the goods shall remain with us until they come into your physical possession.
- Returns Policy
16.1 Tillyrootoys.co.uk aims to always provide high quality goods. Returns are governed by these terms & conditions.
16.1.1 If you receive goods which do not match those that you ordered, you should contact us within 14 calendar days to arrange return or discuss alternative approaches. We will assess the goods and alleged faults upon receipt and if we conclude (at our sole discretion, acting reasonably and in good faith) determine that the fault is not a result of mistreatment by you (deliberate, negligent or otherwise), we will issue replacement goods at no additional cost to you.
16.1.2 If goods are agreed by us to be faulty, You will be given the option to have the goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the goods. Replacements will be issued upon our receipt of the returned goods. We are fully responsible for refunding shipment costs for returned faulty/incorrect items. Goods must be returned in their original condition with all packaging and documentation. The packaging does not need to be unopened. Refunds will be issued within 7 days and in any event no later than 30 calendar days after receipt of the returned goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
16.2 If goods are damaged in transit and the damage is apparent on delivery, you should refuse delivery on that basis. The parcel will be returned to us. If the damage is not noticeable on delivery, please contact us as soon as the damage becomes apparent. To return the damaged goods, please contact us within 14 calendar days. We are fully responsible for refunding shipping costs. You will be given the option to have the goods replaced or to be refunded through the payment method used by you when purchasing the goods. Replacements will be issued upon our receipt of the returned goods. Refunds will be issued no later than 30 calendar days after receipt of the returned goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
16.3 If any goods you have purchased have faults when they are delivered to you, you should contact us within 14 calendar days for return instructions. You will be given the option to have the goods replaced or to be refunded through the payment method used by you when purchasing the goods. Replacements will be issued upon our receipt of the returned goods. Refunds will be issued within 14 working days and in any event no later than 30 calendar days after receipt of the returned goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
16.4 If any goods you have purchased develop faults within 6 months of delivery, you may be entitled to a refund but not a replacement. In order to arrange for such a refund you should contact us within the 14 calendar days period for details on how to return. We will assess the goods and alleged faults upon receipt and if we conclude (at our sole discretion, acting reasonably and in good faith) determine that the fault is not a result of mistreatment by you (deliberate, negligent or otherwise), we will issue a refund to the payment method used when placing the order.
16.5 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 calendar days after the goods have been delivered to you and is not applicable to personalised goods. If the goods are delivered to you in instalments, the 14 calendar day period begins on the day that you receive the final instalment. If you change your mind about the goods within this period, please inform us within 14 calendar days of receipt. Goods must be returned to us within 14 calendar days of the day on which you inform us that you wish to return the goods. You are responsible for paying return shipment costs if goods are returned for this reason. Refunds will be issued within 14 working days and in any event no later than 14 calendar days after you inform us that you wish to cancel under this provision and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
16.6 Tillyrootoys.co.uk may not be able to accept returns under the cooling off period of the following types of goods and/or taking into account the following circumstances:
16.6.1 Goods made to your specifications or that have been personalised;
16.6.2 Goods which are liable to deteriorate or expire rapidly;
16.6.3 Goods which are, after delivery, according to their nature, inseparably mixed with other items;
16.7 TRACS Toy Store comply with a 6 month warranty period, unless proof of no fault at receipt of delivery.
16.7.1 Cost and arrangement of faulty goods - TRACS Toy Store will arrange for the return of confirmed faulty goods. This can be charged to the user if proved not faulty on point of return.
16.7.2 After 6 months - users must prove fault and TRACS Toy Store must agree to repair/replace at our discretion. TRACS Toy Store is not responsible for return of faulty goods after 6 months.
16.8 Returns policy tier:
- 30 days: Customer has a right to reject and receive a full refund for faulty goods TRACS Toy Store withhold the right to reject a refund if no fault is found.
- 30 days - 6 months: Assuming the product is delivered with a fault, unless TRACS Toy Store can prove otherwise. If agreed, TRACS Toy Store will be allowed 1 chance to repair/replace product at users choice. After 1 attempt at repair, refund or part refund an exchange for goods is valid at request of customer.
- After 6 months: Customer needs to prove product faulty at time of delivery. If no agreement is made, customers may need to take TRACS Toy Store to court and prove otherwise.
17.1 We make no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our services.
17.2 No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this website is intended to constitute a contractual offer capable of acceptance.
17.4 Whilst we use all reasonable endeavours to ensure that the website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
- Changes to the Service & these Terms & Conditions
18.1 We reserve the right to change the website, its content or these terms & conditions at any time. You will be bound by any changes to the terms & conditions from the first time you use the website following the changes. If we are required to make any changes to these terms & conditions pertaining to the sale of goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- Availability of the Website
19.1 The website and any service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the website or any service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2 We accept no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
20.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. You should be aware that you use the website and its content at your own risk.
20.2 Nothing in these terms & conditions excludes or restricts TRACS Toy Store’s liability for death or personal injury resulting from any negligence or fraud on the part of TRACS Toy Store.
20.3 Nothing in these terms & conditions excludes or restricts TRACS Toy Store’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of goods or out of reliance on incorrect information included on the website.
20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms & conditions and shall not affect the validity and enforceability of the remaining terms & conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
21.1 In the event that any party to these terms & conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms & Conditions
22.1 In the event of any conflict between these terms & conditions and any prior versions thereof, the provisions of these terms & conditions shall prevail unless it is expressly stated otherwise.
- Third Party Rights
23.1 Nothing in these terms & conditions shall confer any rights upon any third party. The agreement created by these terms & conditions is between you and TRACS Toy Store only.
24.1 All notices/communications shall be given to us either by post to our premises (see address above) or by email. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2 We may from time to time, if you opt to receive it, send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘unsubscribe’ button within the email or update your preferences in your account.
- Law and Jurisdiction
25.1 These terms & conditions and the relationship between you and TRACS Toy Store shall be governed by and construed in accordance with the Law of England, Wales and the Isle of Man and TRACS Toy Store and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Governed by; Consumer Rights Acts - 1st October 2015
TRACS TOY STORE ADDRESS
55B FRIARY PARK, BALLABEG, IM9 4EW, ISLE OF MAN