Terms of Service
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.toybox.com.cy (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please understand that if you refuse to accept these terms and conditions, you should not order any Products from our site.
Information about us
We operate the website www.toybox.com.cy. We are The Villa GRP Ltd T/A ToyBox of 1 Nikou Kazantzaki, Paphos, Cyprus, a company registered in Cyprus under company number HE329539 and with our registered office at 3rd Floor, Atlantic House, 44 Griva Digeni Avenue, 8047, Paphos. Our VAT number is CY10329539Z.
By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old.
How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. The contract between us (Contract) will only be formed when we or our partners despatch your product.
The Contract will relate only to those Products we despatch. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products.
If you are contracting as a consumer, you may cancel a Contract at any time within fourteen (14) working days, starting on the day after the contract is made. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy. To cancel a Contract, you must inform us in writing. You must also return the Products 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.
We are unable to cancel a contract against a perishable or personalised Product unless they are faulty.
Availability and delivery
Your order will with reasonable endeavour be fulfilled by the delivery schedule set out in the Despatch Confirmation, if no delivery date is specified, then within a reasonable time, unless there are exceptional circumstances.
Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price and payment
The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
Product prices include VAT
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already Despatched.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
Payment for all Products must be by credit or debit card. We accept payment with Visa and Mastercard.
We ask that all customers behave respectfully in our shop and that you do not play with the toys that are for sale or sit on any of the ride-on toys.
We warrant to you that any Product purchased from us through our store will, on delivery and for the following twenty four (24) months* (excluding ride-on toys which have a 12-month limited warranty, see below section), conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied provided that said Product has been used in accordance with the manufacturers usage instructions.
All warranty claims must be supported with the original purchase receipt.
Warranty - Battery Operated Ride-On Toys*
All Battery-Operated Ride-on Toys (“Ride-on”) come with a 12-month (twelve month) Limited Warranty.
Please see below for details of parts not covered by warranty (“Warranty”) which extends to the original retail purchaser only, proof of purchase will be required to validate any claim.
By purchasing and using your new Battery-Operated Ride-on Toy (“Ride-on”) you agree to be bound by the terms of this Warranty as set out below.
What the Warranty covers:
- This Warranty only covers defects in materials or workmanship which result in the Ride-on malfunctioning
- The Warranty is only valid if the electric Ride-on is used under normal conditions for its intended purposes by a person who is below the maximum weight as stated by the manufacturer, who properly fits in the toy and is capable of controlling the toy correctly
- The Warranty is also only valid if the assembly of the Ride-on was performed correctly, the Ride-on has not been modified in any way and has also been maintained correctly and any adjustments that are made are only done in accordance with those described in the owner’s manual provided with the Ride-on
- The Warranty is only valid in Cyprus
The Warranty does not cover and will be voided if:
- The Ride-on is used in a manner contrary to the instructions as stated in the Owner’s Manual included with the Ride-on
- If the Ride-on is exported outside of Cyprus
- If the Ride-on is incorrectly assembled
- If the Ride-on is damaged due to incorrect use, misuse, accident or abuse
- If the Ride-on is damaged due to alterations or modifications which have been made to the Ride-on or repairs performed by an unauthorised person
- If the owner of the Ride-on has failed to perform regular, correct maintenance
- If the Ride-on is rented or used for commercial purposes
The warranty does not cover normal wear and tear or any other causes not arising from defects in materials or workmanship. The Warranty does not cover Batteries, Steering Wheels, cosmetic parts or any other components that wear with use as detailed below:
Batteries are considered consumable products and also require regular maintenance in order to ensure good battery health. Steering wheels are not covered as the steering wheel is often used to lift the Ride-on, an action they are not designed for and we strongly advise against. We class damaged or broken steering wheels as normal wear and tear and as such they are not covered by the Warranty. Mirrors, Doors, Body plastics, Stickers & Decals, Decorations & Accessories and Seats & Seat coverings are classed as cosmetic parts and are not considered essential for the operation of the Ride-on. Unfortunately, items made from moulded plastic may have slight mould irregularities such as small dents in the plastic or scratches, these are unavoidable side effects of the manufacturing process and happen when the sheet plastic is being moulded into shape. These irregularities are purely cosmetic and do not affect the operation of the toy and as such are not considered a warranty issue. Components that wear with use including but not limited to tyres/wheels, wires, chains or belts.
In order to rectify any Warranty issues we will:
Repair and replace parts covered by the Warranty as long as they are caused through manufacturing defect or fault of production which caused the product to malfunction, as well as repair of a fault of the material of the product's construction which resulted in the product malfunctioning.
If we are unable to fix the Ride-on after our technicians have investigated the issue and the fault is covered by the Warranty guidelines as stated above, we will provide a replacement. If a replacement is not available we will issue store credit.
If a store credit is provided it will be calculated so as to allow for fair use based on a pro-rata basis, calculated as shown in the example below.
A ride-on toy was purchased for €200 and returned to us 6 months after the purchase date.
Purchase cost divided by 12 months (356 days) €200 / 356 = 0.56
Owned for 178 days. Warranty period 356 days.
356-178 = 178 days remaining of warranty
0.56 * 178 = €99.68
In the above example calculation, a TOYBOX credit voucher for €99.68 would be provided.
We will notify you by email when your goods are ready for collection. The goods must be collected within 30 days. Any goods not collected within 30 days will be disposed of.
Should any product be found to be faulty, please return it to us together with proof of purchase (the original receipt). Please note that goods cannot be returned under any circumstances without the original purchase receipt. Goods will not be accepted if they show any signs of damage or misuse. The returned product will be inspected which usually takes up to 7 days. If we deem it necessary to return the product to the manufacturer for a replacement authorisation then please allow up to 60 days.
If the product is found to be defective one of the following solutions will be provided, at our discretion:
- a repair
- a replacement
- a credit note
If a credit note is provided it will be based on a pro-rata basis, calculated on the amount of time that you have had the product so as to allow for fair use, as shown in the example calculation above.
Should you instruct us to cancel your order before it has been despatched, we will issue a full refund. If your cancellation instructions are received after the goods have been despatched, we will only be able to affect a refund once you have returned the goods to us. The returned goods must be received in the same condition as they were sent. Once the goods have been despatched they cannot be retrieved and our refund will only be for the value of the goods paid. Shipping costs are non-refundable.
If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and any losses that you suffer as a result of our failure to comply which are a foreseeable consequence of such failure.
We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories (a) loss of income or revenue, (b) loss of business, (c) loss of profits, (d) loss of anticipated savings, (e) loss of data, or (f) waste of management or office time. However, this clause 10.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f).
Nothing in these terms and conditions excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied under the Sale of Goods Act;
- defective products under the Consumer Protection Act; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
If you order Products from our site for delivery outside of Cyprus, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to ToyBox of 1 Nikou Kazantzaki, Agios Theodoros, 8035, Paphos and firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, twenty-four (24) hours after an e-mail is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events outside our control
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 any act or omission outside our reasonable control (Force Majeure Event), including, without limitation, industrial action, civil commotion, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, any impossibility of the use of transport, any impossibility of the use of telecommunications and the acts, legislation, regulations or restrictions of any government.
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.
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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
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.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract. Nothing in this clause 18 limits or excludes any liability for fraud.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time. 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 Despatch 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 (7) working days of receipt by you of the Products).
Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of Cyprus. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Cyprus.