Terms & Conditions
These terms and conditions apply to all orders which you, the customer, place using www.thetoystore.com (the "Website") which is owned and operated by RM Brands ("we", "us", "our"). By selecting the "I Accept the Terms and Conditions and Privacy Policy" checkbox you accept and agree to be bound by these terms and conditions, the Privacy Policy and such other policies as we notify you of from time to time, which together constitute the entire agreement between us. Nothing in these terms and conditions affects your statutory rights, either as a consumer or otherwise.
- Conditions of Sale
To purchase any items on the Website, you must:
- be at least 21 years old of age and you acknowledge that, if you are under 21, you may use the Website only under the supervision of a parent or guardian;
- be legally capable of entering into an agreement with us;
- have a valid UAE delivery address;
- provide us with a valid credit card number and associated payment information including: (a) your name as it appears on the card; (b) your credit card number; (c) the credit card type; (d) the date of expiration; (e) any activation numbers or codes needed to charge your card.
- The Contract Between us
When you place an order to purchase items using our Website this is an offer by you to us to purchase those items. We will confirm receipt of your order by sending you an email summarizing the details of your order.
- Your Profile
You will need to register with us to purchase items using the Website. You are responsible for maintaining the confidentiality of your account user name and password and for preventing unauthorised access to your profile. You agree to accept responsibility for all activities that occur under your account or password. Please take all necessary steps to ensure that the user name and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your user name and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner.
By entering the information, you warrant and represent that the details you provide us with on registration are correct and complete and inform us immediately of any changes to those details (e.g. change of email or postal address).
We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
- Payment
You must pay for the items which you order online by supplying your credit/debit card details on the secure online order form. We do not accept cheques, gift vouchers or cash as payment online.
All payments must be made by VISA, MasterCard, or American Express. We may alter the payment options from time to time.
When you place your order, our system automatically asks your card issuer for authorisation for this amount. If we get a valid authorisation, your card issuer will hold this value expecting a charge from us.
Please note that we cannot guarantee the security of any data that is sent to us by email so please do not send us payment information using email. For details of the security measures we employ on our Website, please read the terms of our Privacy Policy. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide to us when placing an order via our Website.
We will not pass on your personal or credit or debit card details to any third party except where an additional security check may be deemed necessary. We shall be entitled to process your date in accordance with the terms of our Privacy Policy.
Unless you notify us of any discrepancies within sixty (60) days after they first appear on your card statement, you agree that all charges made by us to your card will be deemed accepted by you for all purposes. If we do not receive payment from your credit/debit card issuer, you agree to pay all amounts due upon demand by us.
- Order Acceptance Policy
Receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
We reserve the right at any time after receipt of your order but before delivery of your order, to decline your order for any reason.
We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. In each case, we will process the appropriate refund through your card supplier where payment has been processed.
Your order will be deemed accepted by us upon shipment of items or performance of services that you have ordered. We do not accept orders from resellers, exporters, wholesalers, or from any businesses that we may reasonably expect might intend to resell any product that is ordered from us.
To track your oder, you may send us a request at orders@thetoystore.com.
- Cancellation
You may cancel your order at any time prior to your order being processed by us by clicking on the 'cancel' link next to the product ordered on your page on the Website. We also accept cancellations by phone: 009714 420 1948 during normal office hours.
You may also cancel the order up to 7 days after the date that the product was dispatched by us:
- sending a notice of cancellation of the order by email to support@thetoystore.com ensuring that you quote your name, address and order reference number; and
- if you have already received the goods, returning the goods to us (The Toy Store, Ibn Battuta Mall, Ground Floor, Dubai, U.A.E.) in unopened original condition together with the original invoice.
- We will refund you the purchase price of the item unless the goods are returned in any condition other than the original condition.
We reserve the right to make a 15% restocking charge for any items which are not returned in unopened condition or to refuse to accept such goods, at its sole discretion.
We also reserve the right to charge you for collecting items from your premises if required.
Once you have notified us that you are cancelling your order or returning the item in unopened condition, any sum debited to us from your credit card will be re-credited to your account as soon as possible, after any or allowable deductions noted in these Terms and Conditions and in any event within 30 days of cancellation of your order or from the date the items in question are received by us in the condition they were in when delivered to you.
- Availability of Items and Substitution
We accept orders for items, subject to availability. If for any reason the items you ordered are no longer available, we will contact you using the details that you supplied on the Website when placing your order and either:
- offer you an alternative item of equivalent quality and price if this is possible; or
- cancel the item from your order and if payment has been received, give you a full refund in respect of that item.
If we are unable to contact you or do not receive a response from you, we will process any remaining items on your order and provide a refund for the items that we were unable to supply.
- Delivery
Unless otherwise specified the items on the Website are directed solely at customers who access the Website from the United Arab Emirates. We do not represent that any item referred to in the Website is appropriate for use or available in locations outside the United Arab Emirates. If you choose to access the Website from locations outside the United Arab Emirates you are responsible for compliance with local laws if and to the extent local laws apply.
All deliveries to UAE will be made within 2 business days. We make every effort to dispatch items at a specified time. If we are unable to deliver the items within that specified time, please contact us quoting the order reference contained in your order confirmation email and we will arrange an alternative time for delivery.
Delivery occurs when the items are delivered to the delivery address that you specified when placing your order on the Website. At this point, responsibility for loss, breakage and damage passes to you. However, ownership of items purchased does not pass to you until payment is received by us in full. You will be asked to sign for acceptance of the items which constitutes an acknowledgement by you that the goods have been delivered and received in good condition.
- Incorrect Items
If we have sent you an incorrect item, please notify us by contacting us as soon as possible and they will arrange for pickup of the item in question. We will send you the correct item as soon as possible.
- Colors, Specifications and Dimensions
We have made every effort to display the colours, specifications and dimensions of items on the Website as accurately as possible. The colours you see will depend on the resolution of your monitor; we cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the item delivered. We may from time to time vary the dimensions, specifications and quantities of items displayed on the Website without prior notice.
- Prices
Items are invoiced in United Arab Emirates Dirham at the price prevailing at the time you place your order. Although we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either confirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
- Costs
We will reimburse any reasonable costs you incur in returning items that we delivered to you in error, items which were damaged upon delivery or are defective or incorrect; or items which are substitutes for items originally ordered which we were unable to supply. Until you return such items to us, you are responsible for their safekeeping and taking reasonable care of them.
- Alterations to the Website and Terms and Conditions
We reserve the right at any time to make changes to the Website, these Terms and Conditions, Privacy Policy and any other policies or terms that are added from time to time. You will be subject to the policies and Terms and Conditions that are in force at the time you use the Website or order items from the Website. Changes which we are required to make by law could apply to orders which you have already made. If any of the Terms and Conditions forming the contract between us is deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining Terms and Conditions.
- Waiver
If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
- Governing law and Jurisdiction
By accessing the Website you agree that these Terms and Conditions and the relationship between us will be governed by and construed in accordance with the laws in force in the emirate of Dubai, United Arab Emirates. You agree to submit to the non-exclusive jurisdiction of the courts of Dubai, as do we.
- Security
You undertake that at no time shall you interfere with the security of the Website, its services, system resources or network. Furthermore, you shall not use the Website in any manner that could damage, overburden or impair the Website nor harvest or otherwise collect any information about the uses.
- Proprietary Rights
The material on the Website, including but not limited to all content, the Website design, text, graphics, copyright, design rights, patents, inventions, know-how, database rights, trade marks, source codes and any other intellectual property rights in any of the foregoing, (the "Content") is owned and controlled by us or our licensors. Unless otherwise provided for in these Terms and Conditions or in writing on the Website, the Content may not be modified, reproduced, published, posted, transmitted, sold or distributed in any way without our prior written consent.
Material on the Website is solely for your personal, non-commercial use. Use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of our copyrights, trademarks and other proprietary rights and is prohibited.
Any modification of the Content, in whole or in part, is strictly prohibited.
You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Website or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not normally made available through the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any of the systems or networks comprising or connected to the Website.
You agree that we may, in our sole discretion and without prior notice to you, terminate your access to the Website and your account for any reason, including without limitation:
- attempts to gain unauthorized access to the Website or assistance to others' attempting to do so;
- overcoming software security features limiting use of or protecting any content of the Website;
- discontinuance or material modification of the Website or any service offered the Website;
- violations of these Terms and Conditions;
- failure to pay for purchases;
- suspected or actual copyright infringement;
- unexpected operational difficulties.
- Third Party's Websites
The Website may contain links to third party websites. Access to these websites is at your own risk and we are not responsible for the availability, accuracy or reliability of the content of that website or a link contained within that website. We do not endorse any linked websites and assume no responsibility for their contents.
- Privacy and Communications
When you place your order, we collect certain personal and transactional information (e.g. name, address, email address). For details on how we use this information, please read our Privacy Policy.
To fulfill our obligations to you under these Terms and Conditions we will communicate with you by email and by posting notices on the Website. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications which need to be in writing.
- Force Majeure
Neither of us shall be liable to the other under these Terms and Conditions or any other agreement between the parties, for any loss or damage which may be suffered due to any cause beyond reasonable control including without limitation any act of God, exceptionally severe weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance (other than those of the parties), the act or omission of government, highways authorities, other telecommunications operators or administrators or other competent authority, war, military operations, acts of terrorism or riot, royal demise etc.
- Fraud
Any party engaged in illegal activities involving the use of this Website will be subject to prosecution. We do not guarantee that we will be able to prevent any illegal or inappropriate use of the Website, nor will we give notice of any illegal or inappropriate use of the Website. It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. All persons found to have placed a fraudulent order will be reported to the police and may be prosecuted.
- Limitation of Liability
We accept no liability for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from you access to, use of, inability to access or reliance on the Website or its content.
We may at our discretion suspend or terminate operation of the Website for maintenance or other reasons. In addition, technical and other issues may make the Website unavailable from time to time. We make no commitment, warranty or guarantee that the Website will operate in a timely, uninterrupted or error-free manner. We may also in our discretion modify the features, availability, operation and/or look and feel of the Website from time to time without notice to you.
Our liability to you under these Terms and Conditions will not exceed the total price charged for the items purchased in the transactions that gave use to the liability. Nothing in these Terms and Conditions excludes our liability to you for personal injury or death caused by our negligence.