Terms and Conditions
Last updated: 29th July 2021
1. Overview
Welcome to the Be Active Toys website. This website is operated by Be Active Toys. Throughout the site, the terms “we”, “us” and “our” refer to Be Active Toys. Be Active Toys offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
2. These terms
2.1 What these terms cover. These are the terms and conditions on which we supply products to you.
2.2 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.
3. Information about us and how to contact us
3.1 Who we are. We are trading as Be Active Toys. Our company, Clovers Retail Ltd is registered in England and Wales. Our registration number is 13221558 and our registered office is at 22a Lower Road, Chorleywood, Herts, WD3 5LH.
3.2 How to contact us. You can contact us by telephone on 0333 090 1796 or by email at info@beactivetoys.co.uk Alternatively, you can write to us at Be Active Toys, 22a Lower Road, Chorleywood, Herts, WD3 5LH.
3.3 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.
3.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
4. Our contract with you
4.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
4.2 If we cannot accept your order. If we are unable to accept your order because the product is out of stock, we will inform you of this in writing.
4.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, at the moment we do not accept orders from or deliver to addresses outside the UK.
5. Our products
5.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.2 Product descriptions and pricing. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
5.3 Product quality. We do not warrant that the quality of any products purchased will meet your expectations.
6. Price and payment
6.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order.
6.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
6.3 When you must pay and how you must pay. We accept payment with Visa, Mastercard, Amex, Discover, Diners Club, Maestro, Shop Pay, Apple Pay, Google Pay and PayPal.
6.4 Accuracy of billing and account information. You agree to provide current, complete and accurate purchase and account information for all purchases.
6.5 Order confirmation. Once the order is placed, we will pre-authorise your card, but your card will not be charged. Once we confirm that the product is in stock and available for dispatch, we will process the payment and your order will be dispatched. If our supply of the product is delayed by an event outside our control (for example, an item is on backorder), we will not process the payment and we will contact you as soon as possible to let you know. You have a right to ask us to end the contract and void the pre-authorisation for any products that have not been dispatched due to a delay.
7. Your rights to make changes
7.1 Making changes to order. If you wish to make a change to your order please contact us at info@beactivetoys.co.uk. We will let you know if the change is possible and how it will affect the cost of your order and delivery. We cannot make any changes to your order after the order has been dispatched. If you wish to add more items to your order, please place a new order.
7.2 Cancelling order. If you wish to cancel your order, please see clause 10 for your rights to end the contract.
8. Our rights to make changes
We may change the product if the manufacturer/supplier informs us that changes need to be made to reflect changes in relevant laws and regulatory requirements or to implement technical adjustments and improvements. Please see clause 9.8.
9. Providing the products
9.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
9.2 Delivery & Returns. Please refer to our Delivery & Returns Policy for details about delivery, damaged or faulty items, returns and refunds.
9.3 When you become responsible for the goods. You will become responsible for a product we supply from the time the product is delivered to the address you gave to us.
9.4 When you own goods. You will own the product once we have received payment in full.
9.5 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product if we are informed by the manufacturer/supplier that they need to suspend delivery due to technical problems or to update a product to reflect changes in relevant laws and regulatory requirements.
9.6 Your rights if we suspend the supply of products. In the unlikely event that we need to suspend the supply of a product, we will inform you as soon as possible and we will refund any payment made in full.
10. Your rights to end the contract
10.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 8);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed (see clause 6.2);
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notified you we are going to suspend them for technical reasons (see clause 8);
(e) you have a legal right to end the contract because of something we have done wrong.
10.2 Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund (under the Consumer Contracts Regulations 2013). If your products are split into several deliveries over different days, you have 14 days after the day you (or someone you nominate) receives the last delivery to change your mind.
10.3 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products you have used; and
(b) products you have assembled in part or in full.
10.4 How long do I have to change my mind? We have a 14-day return policy, which means you have 14 days after receiving your items to request a return.
10.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 10.3) you can still end the contract before it is completed, but you may be liable to pay for the return of the products and/or a cancellation fee. A contract for goods is completed when the product is delivered. If you wish to cancel the contract before it is completed please contact us to let us know. Please refer to our Delivery & Returns Policy for more information.
10.6 Ending the contract after dispatch. If you cancel your order once the items have been dispatched (i.e. you have received an email notification that your items have been dispatched), even if the items have not been delivered yet this will be treated as a return. Please refer to our Delivery & Returns Policy for more information on how to return the products.
11. How to end the contract with us (including if you have changed your mind)
Please complete the cancellation form, available here, and send it to info@beactivetoys.co.uk. Please refer to our Delivery & Returns Policy for details on how to return the product(s), the relevant charges, and refunds.
12. Our right to end the contract
12.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your name and delivery address.
13. If there is a problem with the product
If you have any questions or complaints about our products, please contact us:
Email: info@beactivetoys.co.uk
Telephone: 0333 090 1796
Correspondence address: Be Active Toys, 22a Lower Road, Chorleywood, Herts, WD3 5LH.
14. Limitation of Liability
14.1 Compensation. The obligation to pay compensation, on whatever basis, is limited to the loss against which Clovers Retail Ltd is insured pursuant to insurance taken out by Clovers Retail Ltd or taken out on its behalf. If, for whatever reason, Clovers Retail Ltd could not rely on its insurance cover, the obligation to pay compensation is limited to maximum the purchase price.
14.2 Limitation of liability. Under no circumstances are we, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors liable for any injury, loss, claim, or any indirect, or consequential damages of any kind, including, without limitation loss of profit, lost savings, loss of data, loss of goodwill, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from use of this website or any products supplied by us.
14.3 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.
14.4 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 in relation to the products including the right to receive products which are: as described and match information we provided to 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.
15. How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
16. Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2 If a court finds part of this contract 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.
16.3 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 courts of England and Wales.