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Terms and Conditions HEADING_TITLE
 
These terms and conditions ("the Terms") govern the users ("you" or "your") use of our website www.theINtoy.co.uk, www.theINtoy.com, www.theINtoy.biz, www.theINtoy.ws ("the Website") and your relationship with theINtoy Limited whose registered office is at theINtoy Limited, 35 Delamere Road, Southport, UK, PR8 2RG ("we", "our" or "us"). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please Contact Us .

 

1. Agreement

By using the Website you agree to be bound by these Terms.

2. Amendments

We reserve the right to:

  • update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and
  • modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.

3. Registration

You warrant that:

  • the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and
  • you are not impersonating any other person or entity
  • you will notify us immediately of any changes to the personal information by e-mailing or telephoning our customer service representatives at:
  • e-mail address: contact_us@theINtoy.com
  • Tel: 08456 439 869

4. Privacy Policy

We will treat all your personal information:

  • as confidential and will only disclose the same in the circumstances set out below; and
  • in accordance with Data Protection legislation from time to time in force in England and Wales.

When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office. We will use your personal information for the following purposes:

  • processing your orders;
  • to administer this Website;
  • for statistical purposes to improve this Website and its services to you;
  • if you have consented during the registration process, to notify you of products or special offers that may be of interest to you
  • if you have consented during the registration process, to disclose to other relevant third parties, who may contact you about their products or services that may be of interest to you.

If you have consented during the registration process, but do not want us to:

  • contact you regarding products or services which may be of interest to you; or
  • to transfer your data to third parties so that they can contact you about their products and services;

then please adjust the settings through your online accoount or contacts us and we will update your account accordingly.

Subject to your rights of objection, you agree that personal information may be disclosed to reputable third parties who will help process your order.

You should be aware that if we are requested by the police or any other regulatory authority investigating suspected illegal activities to provide your personal information, we are entitled to do so.

5. Protecting Your Security

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.

“theINtoy takes the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, theINtoy make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. Fraudulent transactions will not be tolerated by theINtoy and such transactions will be reported to the relevant authorities.”

By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

6. Compliance

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:

  • any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
  • any material which is defamatory, offensive or of an obscene character

7. Indemnity

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, losses, costs and expenses, including reasonable legal fees, 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.

8. Third Party Links

As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.

9. Orders

All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel all or part of your order.

Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we dispatch the goods to you or commence the services.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.

10. Cancellation Rights

Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 7 days of receipt of the goods or services.

If you do cancel a contract pursuant to this clause 9, then:

  • you must notify us in writing by contact us or a letter to theINtoy Limited, PO BOX 108, Liverpool, L9 7WS.
  • you must retain possession of the goods or services and ensure that the goods or services are kept in the same condition as they were when they were delivered until such time as the goods or services are delivered back to us by you;
  • We will refund any monies you have paid to us within 7 days of receipt of your cancellation notice and the return of any goods in the same condition as they were when they were delivered.

11. Price and Payment

All prices shown are inclusive of VAT (only where applicable - see below) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.

If your delivery address is within the United Kingdom and Guernsey, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom and Guernsey you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.

Please note that when shipping goods from the UK, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the UK, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.

Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.

You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.

12. Eligibility to Purchase

To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:

  • if an individual, be 18 years of age or over and
  • register your real name, address, phone number, e-mail address any other details requested; and

By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

13. Intellectual Property

The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

14. Limitation of Liability

Notwithstanding any other provision in the Terms, nothing in these Terms:

  • affect or limit your rights as a consumer under English law; or
  • will exclude or limit our liability for death or personal injury resulting from our negligence.

The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided to by you. You must bear the risk associated with the use of the Internet.

Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

  • incompatibility of the Website with any of your equipment, software or telecommunications links
  • technical problems including errors or interruptions of the Website
  • unsuitability, unreliability or inaccuracy of the Website
  • inadequacy of the Website to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.

 

15. Extent of Limitation of Liability

The entire liability of theINtoy Limited under the contract to which your order relates is limited to the value of the individual items on the order.

16. Severance

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

17. Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

18. Entire Agreement

These Terms form the entire basis of any agreement reached between you and us.

19. Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.

20. Chocolate & Sweets

To make the most of your sweets we recommend that they are consumed within 12 weeks of receipt.

Nut content

Customers should be aware that all our sweets are manufactured and packaged in environments in which nuts may be present and therefore cannot guarantee that any sweets supplied are free of nuts and nut traces. Please note that ingredients provided are those from manufacturers' packaging and lists and are therefore as accurate as those available from sweet manufacturers, we therefore cannot be held responsible for their content.

Returns

In order to ensure our customers receive the best level of service and are happy to indulge their sweet tooth we offer a comprehensive returns policy in the unlikely event that you are not 100% satisfied with sweets delivered. Please note that the following returns procedure must be followed, and failure to do so may result in us being unable to exchange goods or provide refunds. Also please be aware that we cannot be held responsible and provide refunds/exchanges on stock affected by circumstances beyond our control. This includes damage and neglect after goods are received, goods being stored in climatic conditions such as extremes of temperature that can affect some items - items often stick together or alter appearance slightly, but will taste the same and damage by third parties. In addition please be aware that during the hot summer months goods in transport can be effected by the heat so be aware that delicate items such as chocolate may not always look as intended, but they will of course still taste as good as ever.

Should you wish to return an item for any reason please notify us within 48 hours of receipt of your order of any part that is unsatisfactory. In order to arrange a return, please contact us and inform our customer service team of your order number, the item you are returning and the reason for the return.

We will then reply with the address you need to send the item to.

You'll need to package the item securely and include:

  • Your order number
  • Whether a replacement or refund is needed
  • The reason why you are returning the item.

Goods returned should be in their original condition and packaging in which they arrived, along with a copy of the invoice or packing slip.

Once received items will be checked and refunds on goods and postage arranged where suitable. We cannot issue refunds on simply unwanted goods due the perishable nature of goods on sale. Refunds/exchanges will only be offered on items that are faulty, and were clearly so at the time at which they were dispatched.

21. All Competitions

theINtoy Limited reserve the right to amend these terms and conditions from time to time.

These rules will be deemed incorporated in each competition except to the extent that any specific instruction in a competition provides otherwise.

By entering the competition entrants will be deemed to have read and understood these rules and be bound by them. All decisions of theINtoy Limited will be final and binding.

Any person who is an employee or an immediate family member of an employee of theINtoy Limited or any other person who is directly connected with the organisation of any particular competition is ineligible to participate.

Competitions are only open to residents of the UK.

All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian.

All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.

theINtoy Limited reserves the absolute right to disqualify any entrant to any competition which it considers has used improper technical means to enter.

Entrants are liable for their costs to access computer networks.

Prizes

If for any reason an advertised prize is unavailable theINtoy Limited reserve the right at its absolute discretion to substitute a similar prize of equivalent or greater value.

Only one prize will be awarded per household.

There will be no cash or other alternative to the prize offered and prizes are not transferable.

Notification

The winner's name will be selected in a random draw, after the closing date, from all correct answers received.

The winner of a prize will be notified within 28 days after the winner has been ascertained.

Please allow 28 days for delivery of all prizes.

If the winner of the a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then theINtoy Limited may dispose of the prize as it thinks fit without any liability to the winner for having done so.

For each competition, only one prize will be awarded per entrant / email address. Names of winners will be available on request.

Claiming Prizes

Prizes Involving Travel: (a) Travel arrangements are the responsibility of prize winners unless otherwise stated (b) We reserve the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such a winner to choose as a companion someone 18 or over.

Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within six months of the date of the competition draw.

Where prizes are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such providers. theINtoy Limited will have no responsibility for the acts/defaults of any other persons or companies.

22. Reviews

If you submit a review, you grant theINtoy Limited a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant theINtoy Limited and its sublicensees the right to use the name that you submit in connection with such content, if they choose.

You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

You agree to perform all further acts necessary to perfect any of the above rights granted by you to theINtoy Limited, including the execution of deeds and documents, at the request of theINtoy Limited.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to theINtoy Limited:

  1. The content and material is accurate;
  2. Use of the content and material you supply does not breach any applicable theINtoy Limited guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify theINtoy Limited for all claims brought by a third party against theINtoy Limited arising out of or in connection with a breach of any of these warranties.

Winners of any review competition will be notified by email. Failure to respond to our notification email within 20 days will result in the prize being forfeit.

23. Chargebacks

Chargebacks occur when a customer complains to their card issuer about an entry on their statement. Card issuers will generally refund the entry to the customer and "chargeback" the retailer. theINtoy Limited works exceptionally hard to ensure all orders are despatched and any issues raised are dealt with in a fair and timely manner. To this extent, theINtoy Limited has an exceptionally high reputation with its card merchant account supplier and will always vigourously defend any chargeback attempts. If a chargeback is not resolved and theINtoy Limited subsequently suffers a loss due to this, theINtoy Limited reserves the right to make the following charges to recover our loss:
  • We will invoice the total amount of the chargeback to the customer
  • We will pass on all card issuer chargeback adminstration fees. These are currently £15.
  • We will charge £15 administration fee
  • We will pass on any other fees incurred in recovering the loss

We encourage all customers to contact us if they are in anyway unhappy with the service received from theINtoy Limited. We always have and always will do all we can to rectify any issue in as pleasant and friendly manner as possible.

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