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Terms & Conditions

Holgate Trading Limited, trading as TheToyPlanet.co.uk (“Toy Planet”, “Us”, “We” or “Our”), a company registered in England and Wales (company number 07067005) whose registered address is at: 3 Bradfield Court, Milton Road, Drayton, Abingdon, Oxfordshire, OX14 4EF. Our VAT registration number is GB 981678565.

The products and services offered by Us through this TheToyPlanet.co.uk website (the “Site”) are subject to the Website Terms of Use and Trading Terms set out below which together form the terms and conditions (“Terms and Conditions”). By using the Site, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Site.

We reserve the right to update the Terms and Conditions at any time. When We do so, We will provide access to the new Terms and Conditions on the Site home page. The new Terms and Conditions will take effect immediately and will govern all transactions with Us through the Site. If you do not agree with the new version of the Terms and Conditions, you must cease to use the Site.

Privacy and Data Protection We are committed to protecting your privacy. Please also see our privacy policy for further information on how we handle your personal information and who we share it with.

Website Terms of use

Accessing the Site

We cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

We reserve the right, at our discretion, to withdraw, suspend or modify the Site or certain features or parts of the Site with or without notice to you, where We have reason to do so. There may also be times when the Site or certain features or parts of the Site become unavailable, whether on a scheduled or unscheduled basis. You agree that We will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of the Site or any service available on or through the Site.

We do not accept liability for any losses or claims arising from any inability to access the Site or any failure to complete a transaction.

Using the Site

This Site is for personal and non-commercial use. You must not use any materials contained in the Site except to the extent necessary for your own personal use.
In using the Site and information available from the Site, you agree that you will not:

(a) post, disseminate or transmit unauthorised advertisements or promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

(b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content;

(c) impersonate any person or entity, or fail to state or otherwise misrepresent an affiliation with any person or entity;

(d) engage in any activities in order to withhold or cloak identity or contact information;

(e) send harassing and/or threatening messages to others;

(f) engage in “flooding” – i.e. ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address);

(g) use the information available on the Site for any illegal, immoral or anti-social purpose, in violation of any applicable laws or regulations or in a manner which is or may be damaging to Our name or reputation;

(h) electronically stalk or otherwise electronically harass another; or

(i) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission.

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that:

(1) contains personally identifiable information belonging to minors;

(2) is for commercial purposes or contains advertising or is intended to solicit a person to buy or sell services or to make donations.  

Accuracy of information

We will use reasonable endeavours to ensure that information on the Site is accurate, but commentary and other material posted on the Site are not intended to amount to advice or authority on which reliance should be placed. Except to the extent that Our Trading Terms apply (as set out below), We make no representation or warranty that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, We accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information.

Intellectual Property

All content on the Site is protected by copyright. We, or Our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content.

Except as expressly set out in these Terms & Conditions, nothing shall give you any rights in respect of any intellectual property owned by Us or Our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, Our name, trade marks, logos or other proprietary marks, or any of the content of the Site, in whole or in part, except as provided in these Terms & Conditions.

You may download information from the Site for your own personal non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without Our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trade mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.

The rights granted to you under these Terms & Conditions shall terminate immediately upon your breach of any of these Terms of Use.

Communications

Whilst We are always happy to hear from you, it is Our policy not to accept or consider creative materials, ideas or suggestions other than those We specifically request. This is to avoid any misunderstandings if your ideas are similar to those We have developed independently. Therefore, We request that you do not send to Us any original creative materials such as original artwork etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary.

Anything you transmit or post may be used by Us or our affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. We are free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Your Site account

You may create an account on this Site by clicking on the Your Account link on the homepage and following the on-screen prompts. Please note that you will be required to supply information including a valid email address and your home address. This needs to be the registered address of your chosen payment card. Incorrect details may result in the rejection of your order.

You can amend your details at any time by logging in or while placing your next order. To do so , either select ‘change your details’ on the ‘checkout’ screen or log in and navigate to your account pages and follow the relevant links.

Please note that We reserve the right to suspend or terminate your account if it is or appears to Us to be used in breach of any of the provisions of these Terms and Conditions, including the provision of false registration details or any other misuse of the Site. Any person who holds such a suspended or terminated account must not re-register on the Site without Our prior consent.

Linked Sites

Please note that We reserve the right to suspend or terminate your account if it is or appears to Us to be used in breach of any of the provisions of these Terms and Conditions, including the provision of false registration details or any other misuse of the Site. Any person who holds such a suspended or terminated account must not re-register on the Site without Our prior consent.

Trading Termz

What these terms cover.

These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.  

Why you should read them.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.  

INFORMATION ABOUT US AND HOW TO CONTACT US

We are Holgate Trading Limited

a company registered in England and Wales. Our company registration number is 07067005 and our registered VAT number is 981678565.

How to contact us.

You can contact us on web chat or by emailing to us at info@thetoyplanet.co.uk

How we may contact you.

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

You agree to inform us

if your name, email address or any other contact or personal details provided change by contacting our customer service team on the number or email address set out above and you agree that we will not be responsible for missed notifications if you have not kept your contact details with us up-to-date. “Writing” or “written” includes emails.

Pricing Policy

We continue to review Our service to ensure that customers keep coming back to Us for more than just great value in all the products We sell.  

The prices of products advertised for sale on the Site are as set out on the Site, errors and omissions excepted. All prices are in pounds (£) sterling, inclusive of VAT (where applicable) at the current rates, but excluding delivery charges. Delivery charges will be clearly set out when you place your order and will be added to the total amount due once you have selected a delivery service from the options available. Prices and delivery charges displayed are valid and effective only in the United Kingdom.  

Prices may change at any time prior to acceptance of your order.  

In the unlikely event that the price of an item has been incorrectly advertised on the Site, We will usually contact you to ask whether you wish to proceed with your order at the correct price. If you are not happy to proceed, or We are unable to obtain your instructions, We will cancel your order and any sum debited by Us from your debit/credit card will be refunded in full to the same card. We will not be obliged to supply products at the incorrect price.  

Age Restrictions

Any product with a BBFC (British Board of film Classification) or PEGI (Pan-European Games Information) rating will be clearly described as such on the product page for that item. For further information on age ratings, see the Video Standards Council Website, the PEGI website, or the Ask About Games Website.  

Warning:

It is an offence to attempt to buy a certificated title if you are under the required age or to attempt to purchase any such title on behalf of an underage third party.  

Persons placing orders for the purchase of products on the Site, confirm that they are of the appropriate age to receive and view the specified certification of the title(s) so ordered.  

Any person ordering a product for a third party hereby certifies the intended recipient of the order is of the appropriate age to receive and view the specified certification of the title(s) so ordered.  

We reserve the right not to supply any age-restricted product where We reasonably believe that a customer is below the relevant minimum age.  

Product Information

We are under a legal duty to supply goods which conform with the contract We have entered into with you. Further information about Our products and services is set out in Our Products and Services help pages.

We have taken reasonable steps to display as accurately as possible the pack shots, product descriptions, screen shots, specifications and other detailing of Our products in the images that appear on the Site. However, as the actual detailing you see onscreen will depend on your monitor, We cannot guarantee that your monitor’s display of such detailing will exactly reflect the detailing of the product upon delivery. All detailing of products is subject to change and may not represent the finished product.

Unless otherwise stated, offers cannot be used in conjunction with any other offer (online or otherwise). All offers are subject to availability while stocks last. Offers may be withdrawn without notice for reasonable cause.

The feature on the Site of a product does not constitute a guarantee of its availability. Products, prices and technical requirements are subject to change at any time without notice.

Please note that the Site stocks PAL UK games, consoles, accessories and region 2 UK DVDs only.

Product Limits

We reserve the right in our absolute discretion to limit a specific product or products to one product per customer (which includes, but is not limited to, per postcode, per email and/or per payment method). Customers will be notified via the product display page which product(s) these terms apply to. If we detect a breach or attempted breach of these terms, we may cancel the relevant order or orders for the limited item(s).  

Our Contract with you

Further information about placing and paying for an order is set out in Our Ordering and Payment help pages.

You may place an order to purchase a product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order (by clicking ‘pay now’ on the ‘payment’ page of the checkout procedure).

All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. On any such occasion We will email you to make you aware as soon as it is possible to do so.

You will receive an email, once your order is in process detailing your order reference and details of the product(s) you have ordered. Please note that this email is an acknowledgement only and is not an acceptance of your order.

Acceptance of your order and the formation of a contract between you and Us will take place when We send you an email confirming that the products you have ordered are being dispatched to you, unless We have notified you that We do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancelling an Order).

If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

Although We endeavour to give accurate stock availability information on the Site occasionally products you order may not be available. If this happens We will cancel your order, send you an email to confirm the cancellation and any sum debited by Us from your debit/credit card will be refunded in full to the same card.  

Preowned Items

You can purchase pre-owned software and hardware with confidence through the Site. Most pre-owned software and hardware comes boxed with instructions and is fully tested. We cannot guarantee the condition of pre-owned products; they may appear slightly blemished. However, all pre-owned stock is checked, and where necessary reconditioned, prior to being put on sale on the Site.  

Pre-released orders

Pre-released orders (preorders) are orders for items that have not yet become available. You may be able to make a pre-released order using the Site, and where possible (and subject to availability) such orders will be shipped to you on the day prior to release, in order that you may receive it on the release date. 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.  

Pre-release orders will be supplied at the price applicable at the time of order, or the price applicable when your order is processed prior to dispatch, whichever is lower.  

Payment

We cannot accept your order until you have paid for it in full. You can pay by all major credit or debit cards listed on the Site. Please note We are unable to accept payment by American Express. Payment will be charged at the point of submitting your order, usually just before dispatch.

For pre-release orders your card will be preliminarily checked for security purposes. You will be charged for the full amount of your order up to 7 working days prior to the release date as confirmed by the manufacturer, or in the case of New Generation Consoles up to 14 days prior to the dispatch date.

Upon submitting your order, you confirm that the payment card that is being used is yours, and you meet the age restrictions for the title purchased.

All credit/debit card holders are subject to validation and fraud checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, We will not accept your order, We will not be obliged to inform you of the reason for the refusal and We will not be liable for any delay or non-delivery. We are not responsible for your card issuer charging you as a result of Our processing of your credit/debit card payment in accordance with your order.

You authorise Us to debit your nominated payment card to recover all charges and amounts due and owing to Us.  

Delivery

Please allow 3 – 7 working days from dispatch for orders by standard delivery.

Different terms will apply to Extra Large items, please see below.

Further information about our delivery areas, delivery charges and estimated delivery times is set in Our Delivery Help pages.

Subject to availability, We will use reasonable endeavours to deliver the products you have ordered as soon as possible after you place your order, any in any event within 30 days. You shall be given an estimated time for delivery at the time your order is placed. If the goods are not available for delivery within 30 days of being ordered you are entitled to cancel your order and receive a full refund of any monies paid.

Orders for in stock, non pre-release products placed before 1pm are usually dispatched same day. Orders for in stock, non pre-release products placed after 1pm are usually dispatched the next working day. Orders with Express Delivery for stock, non pre-release products placed Monday to Thursday before 1pm are usually delivered the next working day. Orders with Express Delivery for stock, non pre-release products placed on Friday before 1pm will usually be delivered on Monday, unless it is a UK Bank Holiday.  

We do not ship to PO Box addresses.

Delivery charges will be clearly set out when you place your order and will be added to the total amount due once you have selected a delivery service from the options available.

We reserve the right to substitute carriers at any time, provided that this does not impact the estimated delivery time for your item.

We deliver the products ordered to the valid delivery address which you supply. Orders over £1000 can only be dispatched to the card holder’s address. We cannot deliver items within the same order to multiple addresses. We currently deliver to the UK mainland, including the Scottish Highlands and Islands and Northern Ireland. We also deliver to certain other countries which are listed in our Delivery Help pages, although We are unable to ship orders over 1000g outside of the UK, including all hardware orders. Certain deliveries may require a signature to confirm receipt.

We will advise you by email if there is likely to be a delay in dispatching your order. We reserve the right at Our discretion to ship orders only to the billing address.

If you order two or more items from Us and one of those items is not in stock, We will contact you (using the details you provide to us when ordering or in your Site account) to discuss changes to your order. There will be no extra postal charges for orders where delayed items are sent separately.

Once delivered (or collected), the products ordered will become your property (provided they have been paid for in full) and your responsibility. Except in relation to products that are damaged or faulty when delivered or which have been incorrectly delivered, We will not accept any liability for their loss, damage or destruction after they have been delivered.

Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for non-UK deliveries, some of our products may not be available for delivery to certain destinations outside of the UK. We reserve the right to define what can and cannot be delivered to destinations outside of the UK.

Please note that many countries have import restrictions on certain products or materials. The products you order for delivery to destinations outside the UK may be subject to duties, taxes or additional levies upon importation. These duties or taxes are levied once the product reaches the country of destination and you are responsible for paying any such costs.

Please note that you will be considered the importer of record when ordering goods from this Site for delivery overseas. You are responsible for determining whether there is any restriction on delivery of our products to your selected destination and you must comply with all laws and regulations of the country in which you are receiving the goods. We recommend you contact your local customs authority or post office (where applicable) to learn more about customs restrictions and possible costs prior to placing an order.  

Insured Delivery

Select our new Insured delivery method at checkout to receive £50 in compensation if your order is lost in transit. Subject to customer submitting a DPD Lost in Transit claim via Toy Planet customer services and DPD validating such claim, Insured Delivery entitles customer to either;

a) a free of charge replacement console, and a partial refund of £50 to the original method of payment; or
b) a full refund of the price paid for the console ordered and the £19.99 delivery charge (payable to original method of payment), together with £50 compensation (payable at customer’s choice, either by BACS). Please note that DPD Lost in Transit claim procedure can take up to 21 days to complete.  

Overdue Delivery

You can check the current delivery status of your order at any time by logging in to your Site account. In addition, We will send you an email (to the email address you supply when you register with the Site) alerting you of any change of status of your order including when We’ve dispatched your order.

You should allow 3 – 7 working days from dispatch for orders by standard delivery. Different terms will apply to Extra Large items, please see below.

Your order should arrive within not more than 10 days of dispatch (not including Sundays) for domestic orders or 45 days of dispatch for international orders.

This maximum delivery period shall have elapsed before We will consider claims for lost in transit consignments.

If you suspect a delivery to be overdue then please either send Us a message via the Contact Us facility on the Site or email the Customer Services Department at info@thetoyplanet.co.uk

Please note this applies to UK standard post orders only. For queries on International or Parcel Force orders please contact our Customer Services team.  

Cancellations and Returns Policy

Please refer to our Returns Policy HERE for information on (i) your rights to return a product under our 28 day goodwill return policy, (ii) your rights to return a product because we are at fault, or because the product is faulty, and (iii) your 14 day right to cancel under the Consumer Contracts Regulations 2013  

Our liability

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We shall not be liable for any delay or failure to perform any of Our obligations insofar as the performance of such obligations is prevented by an event or by matters beyond Our reasonable control.

Nothing in this section or elsewhere in these Terms & Conditions affects your statutory legal rights.  

Distributors Rights

You agree to be bound by any terms and conditions imposed by the distributor or producer of any product or service or any other copyright material and in particular you must not:
(a) make copies of material supplied to you by Us for sale or rental or for any other reason whatsoever; or
(b) show any copyright material in a public place or for profit.  

Extra Large Items

We use a specialised third party courier service to deliver our extra large items and charges for delivery will apply. Our courier picks up our extra large orders once per week. Please allow a week after purchase for our courier to contact you regarding a drop off date. You must then schedule a delivery day and time yourself. Once booked the courier will deliver the extra large item to your home or a secure communal space if access is not possible. If you fail to schedule a delivery date, we reserve a right to charge you for delivery costs up to £40 if the extra large item is returned to our warehouse. 

To return an extra large item, please contact the Customer Services team prior to arranging the return. Once a return is ready to be processed, you can either arrange your own return at your own cost or you can use our returns service with our chosen courier for £40. This fee will be taken off the refunded amount. Items must be in their original condition and returned within the permitted timeframe as outlined in our terms and conditions.

Other Important terms

We may transfer any contract made under these Terms to someone else. We may transfer our rights and obligations under these Terms to another organisation.

You may only assign or transfer your rights under these Terms & Conditions if we agree to this in writing.

If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts..

Online Dispute Resolution. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. 

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