Fat Brain Toys Terms and Conditions
Terms and Conditions –
Fat Brain Toys UK
Effective Date: 15.06.24
1.Introduction
Welcome to Fat Brain Toys UK. Fat Brain Toys UK is a TOMY group company. These Terms and Conditions ("Terms") govern your use of our website, services, and products. By accessing or using our website, you agree to comply with and be bound by these Terms. References to ‘TOMY’ in these Terms refer to TOMY Company Limited and its group companies, including Fat Brain Toys.
2. Use of the Website
Eligibility:
You must be at least 18 years old or have the consent of a parent or guardian to use this website.
Account: To access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities under your account.
Prohibited Conduct: You agree not to use the website for any unlawful purpose or in any way that could damage, disable, or impair the website. You must not attempt to gain unauthorized access to any part of the website or its systems.
3. Orders and Payment
Order Acceptance: All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason.
Pricing: All prices are listed in GBP and are subject to change without notice. Prices do not include applicable taxes, shipping, and handling charges, which will be added at checkout.
Payment: We accept various payment methods. By providing payment information, you represent and warrant that you are authorized to use
the chosen payment method.
Shipping: We will make reasonable efforts to ship products promptly. Delivery times are estimates and not guaranteed.
Use: Products available to purchase via the website are supplied for your personal use as a consumer and will not be supplied for the purposes of re-sale. TOMY reserves the right to refuse orders, including those we consider are for commercial or non-domestic purpose. TOMY will not supply or deliver products to shipping agents or to agents who sell our products to third parties
Limitations: TOMY reserves the right to impose restrictions on the number of single product lines that may be ordered or fulfilled. Orders are subject to availability and at the discretion of TOMY. Quantities of products supplied per order and/or per customer, including those goods on price promotion, may be limited if the order limits availability for other customers, or, in TOMY’s reasonable opinion, takes unfair advantage of our offers, or creates a potential health and safety issue during delivery.
4. Returns and Refunds
Return Policy: You may return most new, unopened items within 14 days of delivery for a full refund. Items must be returned in their original
packaging and condition.
Refunds: Refunds will be processed within a reasonable time after we receive the returned items. The refund will be credited to the original payment method.
Shipping Costs: Unless the return is due to our error, you
are responsible for return shipping costs.
5. Intellectual Property
Website
Ownership: All content on the website, including text,
graphics, logos, images, and software, is the property of TOMY or its licensors
and is protected by intellectual property laws.
License: You are granted a limited, non-exclusive,
non-transferable license to access and use the website for personal, non-commercial purposes.
Restrictions:
You must not reproduce, distribute, modify, or create derivative works from any
part of the website without our prior written consent.
Products
Ownership:
All products sold via the
website are owned by or licensed to TOMY and are
protected by intellectual property laws.
Restrictions:
You must not reproduce, distribute, modify, or create derivative works from any
product purchased via this website without TOMY’s prior written consent.
Counterfeit
Products and Scam Websites
TOMY is aware that, from time to time, websites purporting
to be licensed or otherwise
authorised by TOMY make available for resale products purporting to be TOMY products, including counterfeit versions of TOMY products.
TOMY is not responsible for these scam websites and accepts no liability whatsoever
in relation to them. If you encounter such a website, you may wish to report it by taking one of the following actions:
- Contact us immediately at fatbrain@tomy.com
6. TOMY Guarantee
Unless otherwise stated on the product description on the website, all TOMY products are covered by a one year guarantee against manufacturing defects. Subject to provision of verified proof of purchase. Please contact our Webcare Team for further advice.
7. Limitation of Liability
Disclaimer:
The website and products are provided "as is" and "as
available" without warranties of any kind (excepting the TOMY guarantee at
6.), either express or implied”. TOMY will use reasonable endeavours to verify the accuracy of any information on the website but makes no
representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the website or that it will be timely, uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality,
accuracy, reliability of the website. TOMY will not be responsible or liable to
you for any loss of content or material uploaded or transmitted through the
website and TOMY accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
TOMY’s products are provided subject to the TOMY Guarantee set out in Section 6 above, and any other guarantee or warranty expressly stated in the product description on the website. TOMY makes no other representation or warranty of any kind express or implied statutory or otherwise in
relation to the products.
Liability:
Nothing in these Terms excludes or limits TOMY’s liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable
law.
Subject to the first paragraph of this ‘Liability’ section, other than as expressly provided in these Terms, or to
the extent described in connection with any individual
product, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
To the maximum extent permitted by law, and subject to the first paragraph of this ‘Liability’ section, Fat Brain Toys UK and its affiliates TOMY shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the website or products; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission
to or from the website; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our website by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the website.
Notwithstanding the
above, and subject to the first paragraph of this ‘Liability’ section, TOMY’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by
you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
This section 7
(Limitation of Liability) does not affect your statutory rights as a consumer,
nor does it affect your contract cancellation rights.
87. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom England and Wales, without regard to its conflict of law principles. You agree to submit to the
exclusive jurisdiction of the courts located in the United Kingdom London for the resolution of any disputes.
8.Changes to the Terms
We reserve the right to modify these Terms at any time. Any
changes will be posted on this page with an updated effective date. Your continued use of the website after any changes indicates your acceptance of the new Terms.
9. Contact Us
If you have any questions about these Terms, please contact us at:
Fat Brain Toys UK
TOMY
Hembury House
Pynes Hill
Rydon Lane
Exeter
EX2 5AZ
United Kingdom
or by emailing fatbrain@tomy.com
Cookie Policy
Our website uses cookies to distinguish you from other users of our website. This
helps us to provide you with a good experience when you browse our website, and also allows us to improve our website.
A cookie is a small file of letters and numbers that we store on your browser or
the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
Similar technologies known as “local storage” may also be used on our website as an alternative to cookies. This is technology which is similar to cookies and performs very similar functions, such as caching data to enable us to improve our website
and services, allowing you to register for our services, tracking activity to enable us and our advertisers to advertise to you in accordance
with this policy and counting the number of people who view adverts on our services. Where we refer to “cookies” in this policy, we mean cookies or similar technologies.
We use the following cookies:
You can find more information about the individual cookies we use and the purposes
for which we use them in the table below:
Choices about cookies
Some people find the idea of a website storing information on their device a little intrusive, in particular when the information is stored and used by a third party. For example, you may object to being served advertising which is
targeted to your interests based on your browsing history. If you would prefer
to opt out of cookies, it is possible to control cookies by following the steps below, however you should be aware that you might lose some features and functionality of the website if you do so.
Cookies, including those which have already been set, can be deleted from your hard
drive. You can also change the preferences/settings in your web browser to control cookies. Some internet browsers have a ‘Do Not Track or ‘DNT’ setting, known as Global Privacy Control; this sends a signal to websites asking them not to track your browsing. You can enable Global Privacy Control (“GPC”) on your browser. To learn more about GPC, please visit http://globalprivacycontrol.org.
The
following links may be helpful:
Cookie setting in Safari – desktop and mobile
devices
Cookie setting in Internet Explorer
In some cases, you can
choose to accept cookies from the primary website, but block them from third parties. In others, you can block cookies from specific advertisers,
or clear out all cookies. Deleting or blocking cookies may reduce functionality
of the website. To learn more
about how to reject cookies, visit http://www.allaboutcookies.org/ or
go to the help menu within your internet browser. If you experience any
problems having deleted cookies, you should contact the supplier of your web
browser.
UK/EEA
If you are based in the UK or European Union and would like to learn more about how advertisers use these types of cookies or to choose not to receive them, please visit www.youronlinechoices.eu, http://www.aboutads.info and
http://optout.networkadvertising.org/?c=1#!/
Except for essential cookies, all cookies will expire after 1 year.
If you have any questions or concerns about our use of cookies, please send us an
email.