Terms and Conditions
Welcome to the thetoystore.capetown website.The sale of new and used toys.
This agreement is a legal agreement between any person who registers and all users of the site of thetoystore.capetown. This contains the terms and conditions under which you may use the site and make any purchases. Your access, registration or use of the site constitute your unconditional and irrevocable acceptance of these terms and conditions to the exclusion of all others. If you do not agree to be bound by these terms and conditions you must not register.
Without limitation to the foregoing, when you choose the accept button, you agree to be bound by these terms and conditions including all special notices, the privacy and security policy and all other policy procedures and guidelines incorporated herein by reference.
The terms and conditions set forth herein may be changed by thetoystore.capetown in the future. Any changes will be effective immediately upon being posted on this site.
Services offered and the main business conducted on the site includes the sale of New and used Toys and goods. These services are only available to registered users. Registration procedures are set out below.
We may at any time change or add to the services provided on the site in our sole discretion.
Registration
Before being entitled to use the site you are required to register by completing the registration section. By registering you warrant that you are lawfully entitled to enter contracts and that your correct real name, telephone, e-mail address, payment card details, and other requested information are provided. During the registration process you will be required to choose a user identity and password. Please ensure that these are kept private and confidential for your own security. Should you forget your password please contact us immediately.
We will not be liable to you for any loss or damage arising from your failure to keep your password confidential or for any other unauthorised use in any manner.
Your registration will be confirmed in our welcome letter, which will be e-mailed to you.
You will be required to enter your user identity and password each time you visit the site.
The sale procedure
The items in our catalogue on the site will be available for purchase subject to the terms herein. Prices are in South African Rands in which currency all payments must be made.
Note: All items are strictly subject to availability.
Authenticity guarantees and limitation
ALL EQUIPMENT IS SOLD AS IS.
It is a condition of this site that the sale of any item shall be subject to the following specific warranties being given by thetoystore.capetown.
That the description of the item for sale is substantially correct and that such item is to the best of thetoystore.capetown’s knowledge and belief an authentic item and not counterfeit.
Save as set out herein all items on the site shall be sold on an “as is” basis only and neither thetoystore.capetown, any agent or employee thereof has made any representations or given any warranties or undertakings, express or implied (whether in terms of this agreement or otherwise) to any person with respect to such item, including without limitation, its suitability, fitness for purpose, state and condition, quality, rarity, importance, historic relevance or significance or otherwise. No statement whether oral or writing shall be deemed to constitute a warranty or representation.
No representations or warranties of given entitle any purchaser to produce any items acquired on the site.
In particular users are required to note that whilst reasonable efforts are made to ensure the accuracy or description of the items listed on our catalogue, no warranty, express or implied is given by The Toy Store as to the authenticity, attribution, genuineness, origin, age, condition or quality of the goods. Any description of the goods which may be provided by us merely represents our opinion and is not be regarded as or taken to imply a statement or representation of fact.
Payment
A purchaser may effect payment for the goods in one of the following ways:
- Any MasterCard or VisaCard
- Direct transfer
Our bank details are as follows:
Account Name: Dawn Painter
Bank: Capitec
Account Number: 1564296049
Branch Name: Somerset Mall
Branch Code: 470010
Cell no: 083 4494449
Other methods can be made by prior arrangement.
To pay it by credit card you must supply your credit card number with each order, as your credit card number is not stored anywhere for security reasons.
By submitting your order and credit card details you warrant that you are authorised to make payment with the card and that there are sufficient funds available to pay the order.
Bank clearance and other charges where applicable will be added to the amount payable by the purchaser.
Any amounts due from thetoystore.capetown to yourselves if applicable shall be paid by direct electronic transfer to such account as is provided. Provided that payment is made according to your instructions we shall not be responsible if such payment is not actually received. In this event we shall endeavour (but not be obliged) to retrieve any payments erroneously transferred but will not have any further liability obligation for such payments if we are unable to retrieve or recoup same.
The purchaser shall be responsible for valid chargebacks to your credit card plus any amounts paid by us in accordance with such chargebacks due to fraud, dissatisfaction or otherwise. We shall be entitled to set off any chargebacks against any payments.
Delivery
Once thetoystore.capetown has received payment and same has been cleared where applicable, the items will be dispatched by courier or registered post within 5 business days, unless otherwise agreed in writing by the parties, and subject at all times to availability.
The good shall be delivered to the address provided by the purchaser in the registration process. If there are to be delivered to and address other than that stated in the registration the goods shall be delivered to the alternative address at the purchaser’s risk.
Any person who receives the goods at the address is conclusively presumed to be authorised to accept delivery on your behalf.
All risk in and to the goods shall pass to the purchaser upon conclusion of the sale.
If the product being sent by thetoystore.capetown differs from description provided in any way and an exchange is not agree upon, the sender will be held liable for any costs in returning the equipment.
Insurance
thetoystore.capetown does not make any representations or give any warranties in relation to the conditions of insurance and the purchaser takes delivery subject to such conditions and or exclusions or limitations contained or stipulated by the insurer in its policy.
Returns
Under no circumstances will we accept returned goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase or acceptance of a delivery, the goods have been damaged due to the customer’s negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our or the manufacturer’s instructions and/or have been subjected to misuse or abuse.
Returned goods via courier will be for the purchasers account and will need to be inspected by staff before a decision is made as to how the return will be handled. Items cannot simply be swopped out before this procedure has been followed and fault has been identified.
Second hand goods are sold “as is” and no return of them is possible for any reason whatsoever.
Ownership of the goods only pass to the purchaser on receipt of payment of the full purchase price
Limitation of liability
thetoystore.capetown, or employees shall not be liable for any loss, damage (whether direct indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable directly or indirectly to the use of or reliance upon the site (including any information contained therein) or the Internet.
Notwithstanding any provision to the contrary contained in these terms and conditions and without limitation or prejudice to any other limitations or exclusions of liability, thetoystore.capetown aggregate liability shall in no circumstances whatsoever exceed the purchase price, without interest, paid to the purchaser for the goods.
Intellectual property
thetoystore.capetown retains all copyright in all material, including logos and other graphics which form part of the site, save in respect of those trademarks, trade names and logos owned by others.
thetoystore.capetown grants you permission to you electronically copy and print in hard copy portions of the sites, in order to use the site for your personal use only.
The content contained on the site may be used by you for your own personal, non-commercial use and information purposes only.
No warranty
You expressly agree that use of the sites or the Internet is entirely at your own risk. The site and its contents are provided on an “as is” and “as available” basis only and makes no representations or warranties of any kind, express or implied, with respect to the site or its contents or with respect to any information, services and goods provided through or in connection with the site. thetoystore.capetown disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services and the warranties of merchantability or fitness for a particular purpose or information, goods or services.
thetoystore.capetown does not warrant that the functions provided by the site will be uninterrupted or error free, or that the site or the server that makes it available are free from violent viruses or other harmful components.
General
thetoystore.capetown may vary the terms and conditions. Any such variation will become effective on the date upon which the offer is published on the site. Each time you access the site check the terms and conditions. Should you use the site at any time after such changes, you shall be deemed to have accepted such amended terms and conditions.
thetoystore.capetown reserves the right to suspend or terminate your use of the site for any reason with or without notice to you.
thetoystore.capetown shall not be responsible for any breach of this agreement caused by circumstances beyond its control.
If any provisions (or part thereof) contained in the terms and conditions is invalid, illegal or unenforceable in any respect, the validity legality or enforceability of the remaining provisions (or part thereof) contained herein shall not in any way he affected or impaired thereby.
The terms and conditions shall be binding on and enforceable against the estate the executors administrators trustees liquidators or assigns of the parties as fully and effectively as if they had been party to these terms and conditions in the first instance and reference to any person shall be deemed to include such person’s estate his executors administrators trustees liquidators or assigns as the case may be.
This agreement constitutes the agreement between the parties relating to the subject matter hereof.
Your use of the site, the terms and conditions (including, without limitation the acceptance interpretation and applicability) and any matter relating or incidental thereto shall be governed by the laws of the republic of South Africa excluding any conflict of law principles that invoke the application of any for other foreign laws.
Cookie/tracking technology the site may use cookie and tracking technology depending on the features offered. These are useful for gathering it information such as browser type and operating systems and the numbers of visitors. This also assists in evaluating how the site is used and assists in customising same. Personal information will not be collected in this manner. However any personally identifiable information provided previously by yourselves may be tied to cookies. Aggregate cookie and tracking information will not be shared with third parties. However we may share information government agencies all other persons assisting in fraud prevention or investigation. Any information received by us in this regard will not be used for marketing purposes.