Terms & Conditions of Sale

The following terms and conditions relate to the sale of Goods by Toy Barn (Child Base Ltd: Company number 2418535) of Kingston House, Northampton Road, Newport Pagnell, Bucks MK16 8NJ ("we", "us" or "our") to the customer indicated in the order form ("you") of ("Goods").

  1. Buying Goods on our website

    1. To order Goods you will need to follow the ordering procedures set procedures set out on our order page.
    2. When you place an order to purchase Goods from our website, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase Goods which is only accepted by us when we send e-mail confirmation to you that we have dispatched these Goods to you (the "Dispatch confirmation e-mail"). Any Goods on the same order which we have not confirmed in a Dispatch confirmation e-mail do not form part of that contract.
    3. You undertake that all details you provide to us for the purpose of purchasing Goods which may be offered by us on our website will be correct.
    4. The purchase of any Goods is subject to availability.
    5. The prices are our prices in force at the date we receive your order. We may change the price of any Goods before you place an order.
    6. We reserve the right to vary the specification of any item listed on this site where circumstances make it necessary (for example, to comply with health and safety legislation).
    7. Not withstanding delivery of the Goods by us, ownership of the Goods shall not pass to you until we have received in full all sums due in respect of the Goods or all other sums which are or become due to us on any account. Until ownership of the Goods has passed to you, you shall not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods. The Goods are at your risk from the time of delivery.
    8. Please allow up to 30 days for delivery after receipt of order. Any times or dates specified by us for delivery of the Goods are intended to be an estimate and time for delivery shall not be of the essence.
    9. Payment terms are net and credit accounts are due within 30 days of invoice date, but we reserve the right to request payment in advance. In the case of overdue payments, we reserve the right to charge interest at the rate of 5% per month.
    10. Carriage, packing and handling is free on all orders over £50 net. All other orders will be charged at cost. No minimum order value applies.
    11. We only deliver within the UK.

  2. Returns and Refunds

    1. All claims for non-delivery of Goods must be made within 10 days of the invoice date. Our liability for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time.
    2. All claims for damages or shortages of Goods must be reported to our customer services department within 3 days of receipt of Goods for claims to be considered. We cannot refund used or customer-damaged Goods.
    3. Please do not send back any Goods unless requested to do so by our customer services department.
    4. Under the Consumer Protection (Distance Selling) Regulations, you have a right to withdraw from the purchase of Goods within seven working days of the day after the date the item is delivered. To cancel your purchase within this period, you must e-mail us or write to us before the expiry of seven working days of the day after the date that the Goods were delivered to you, quoting your order number. You must take reasonable care of the Goods and not use them. Please note that this right of cancellation does not apply to personalised Goods.

  3. Liability

    1. We promise that for any Goods you purchase from our website:
      • we have the right to sell the Goods to you;
      • the Goods will correspond with the description we have given to you; and
      • the Goods will be of satisfactory quality.
    2. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Goods, our website or any information or service provided through our website.
    3. We do our best to ensure that all information published on our website is accurate, but please note that sizes and measurements are approximate and photographs or pictures are for illustration purposes only.
    4. In relation to the purchase of Goods, we accept no liability for any indirect or consequential loss or damage, or for any loss of profit, revenue or business (whether direct or indirect), however caused, even if foreseeable.
    5. If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Goods concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for fraudulent misrepresentation.
    6. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

  4. General

    1. We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
    2. These terms and conditions together with any order form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, order form and payment method instructions.
    3. If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
    4. These terms and conditions and your use of our website are governed by English law and you submit to the exclusive jurisdiction of the English courts.
    5. Neither you nor us will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
    6. Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

  5. Notices

    1. All notices shall be given:
      • to us via email at info@thetoybarn.co.uk; or
      • to you at either the e-mail or postal address you provide during any ordering process.
      Notice will be deemed received when an e-mail is received during normal working hours (or else on the next business day if it is received outside our normal working hours) or 2 days after the date of posting.