Terms and conditions of use
Welcome to alphatoyland.com! This document is a legally binding agreement between you as the user(s) of the site (referred to as “you”, “your” or “user” hereinafter) and the alphatoyland.com entity (referred to as “we”, “our”, "Alpha Toy Land" or “alphatoyland.com” hereinafter).
Please read these terms and conditions carefully before placing an order on our site. You should understand that by ordering any of our products, you as the user(s) agree to be bound by these terms and conditions. Please take note of the terms and conditions for future reference.
You will be required to accept our terms and conditions by clicking on the box next to “I agree to the terms of service and will adhere to them unconditionally.” at the end of ordering process. If you do not accept the terms and conditions, you will not be able to place an order on our site.
1. Service contract
1.1 By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old;
1.2 After placing an order, your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order. The contract between us (Contract) will be formed when we send you the order confirmation (Acceptance Confirmation).
2. Consumer rights
2.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen (14) working days, beginning on the day you receive the products. In this case, you will receive a full refund of the price paid for the products in accordance with our refund policy (set out in clause 5 below).
2.2 To cancel a Contract, you must inform us in writing. You must also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
If you would like further information about your legal rights, please contact your local Trading Standards Department or Citizen Advice Bureau.
3. Price and payment
3.1 The price of any products does not include the custom duty. The delivery costs will be added to the total amount due as set out in our delivery information.
3.2 Prices are liable to change at any time with no notice, but changes will not affect orders in respect of which you have already placed. Our price is defined as the following stages:
- Special offer
- Pre-order price (as known as early bird price)
- In stock price
- Low stock price
3.3 We accept payment with PayPal. We shall not dispatch any products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds. Please be aware that if you are using PayPal as your payment method we reserve the right to not ship to unconfirmed addresses.
3.4 The order will be cancelled if we haven't received the fund after seven working days when a 'Pay by bank wire' option is used.
4. Pre-order
4.1 Pre-orders are orders for items that have not yet become available. Release dates are set by the manufacturers and are subject to change. As a result we are not liable for any changes to a pre-release date advertised by us. The payment of the pre-orders will be taken when you place the order.
4.2 Deposit pre-order. By paying a small amount of deposit, you can secure the product for certain period*. The payment of a deposit is taken as a part of the full price. A balance payment notification will be sent to your account email address when the product is due in stock.
4.3 Any unpaid preorders will be cancelled when the products are in stock.
* The deposit pre-order service contract cannot secure the early bird price; it will be cancelled if the balance is not paid off after the product is in stock for 14 calendar days. The deposit is not refundable or transferable when the product is released.
5. Cancel and refunds
5.1 When you cancel a pre-order Contract between us before the product is released, we will process a refund to you at no charge.
5.2 When you cancel a pre-order Contract between us after the product is released but within 14 calendar days, we will process a refund to you. A cancellation fees, 5% of the product price, will be charged.
5.3 When you cancel a pre-order Contract between us 14 calendar days after the product is released, it cannot be refunded or transferred.
5.4 When you cancel a deposit pre-order Contract between us before the product is released, we will process a refund to you at no charge.
5.5 When you cancel a deposit pre-order Contract between us after the product is released, the deposit cannot be refunded or transferred.
5.6 When you return a product to us because you have cancelled the Contract between us within the 14 calendar days cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation, provided the goods have been returned us in the same condition as delivery. In this case, we will refund the price of the product in full, including the cost of sending the item to you, up to our cheapest delivery method, we will not refund premium delivery surcharges. However, you will be responsible for the cost of returning the item to us. We recommend that all items are returned via a recorded delivery method, as we will not be liable for any damage or loss whilst in transit.
5.7 Refunds of any money received from you will be made using the same payment method originally used by you to pay for your purchase and paid back into the same account.
5.8 Refunded as store credit when any transaction was made after 180 calendar days.
To return a product for any other reason, see our Returns Policy.
6. Stock Reservation
The stock reservation time limit is 90 calendar days. The time begins to run from the date on which the full price of the product is paid off; or the date on which a pre-ordered product is in stock. We do not take the responsibility to keep the product after the contractual time limit has expired.
7. Shipments and returns
The details of Shipments and returns policies can be found at our "Shipments and returns" page.
8. Gift Vouchers
Gift Vouchers ordered through our Website will be delivered automatically by electronic means to the email address you specify at the time of order. The use of gift vouchers fall under the following rules:
- Gift Voucher is valid for 1 year.
- Gift Voucher can be used for a partial payment. The remaining balance can be used for next purchase.
- Gift Vouchers can be combined.
- A Gift Voucher cannot be used to purchase a further Gift Voucher.
- Site offers and promotions (including gifts with purchase and discounts) do not apply when purchasing gift vouchers.
9. Data Protection
9.1 Except as expressly set out in these terms and conditions, all use of your personal information will be made in accordance with our privacy policy http://tfs-express.com/content/6-privacy-notice
9.2 By registering any of your personal details with us, you are agreeing to allow us to contact you regarding any of our own products or services. We may pass your details to a third party unless otherwise indicated to by you.
10. Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government.
10.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
11. Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
12. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13. Entire agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
14. Our right to vary these terms and conditions
14.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
14.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).