ELEMENTAL TOYS
STANDARD TERMS AND CONDITIONS OF BUSINESS
Elemental Toys is a trading name of Elemental Brands Limited. We are in business to build demand for ethically sourced, high quality goods. We operate as a social enterprise. This means we:
- take care to minimise our environmental footprint both directly and through the suppliers we work with
- support fairtrade and other social enterprises
- give 10% of our net profits to educational charities
If you have any suggestions or comments please email us using the link on the store page.
Our Contact details:
Elemental Brands Ltd t/a Elemental Toys
15 Fallodon Way, Bristol BS9 4HT
Phone: 0117 9624186
Fax: 0117 3301319
By email: For issues or queries relating to orders email elementaltoys@cbfulfilment.co.uk
For general enquiries or feedback please email feedback@elementaltoys.co.uk
VAT NO 885436777
Co Reg NO: 5959607
There are 3 simple ways to order or contact us:
a) Online at www.elementaltoys.co.uk.
b) Phone on 0844 5572223. Lines are open 8.30am to 10.00pm seven days a week. Local call rates apply.
c) Post to Elemental Toys, Hamilton House, Fairfax Road, Heathfield, Newton Abbot, Devon TQ12 6UD.
1. GENERAL
1.1 The purchase of any goods supplied by Elemental Brands Limited (company no. 5959607 whose registered office address is Office 1, The Coach House, 24-26 Station Road, Shirehampton, Bristol BS11 9TX) trading as 'Elemental Toys' (the "Goods") is subject to the following terms and conditions (the "Conditions"). Please read through these Conditions carefully before placing an order.
1.2 No variation of these Conditions shall apply unless confirmed in writing by us. We reserve the right to amend and update these Conditions at anytime without notice.
1.3 By submitting an order form or placing an order via the telephone with us you shall be deemed to have accepted these Conditions.
1.4 These Conditions together with the order form and a written acceptance of the order from us (Order Confirmation") constitute the whole agreement between the parties and supersede any prior promises, representations, undertakings or implications whether written or oral.
1.5 All consumers are requested to note the right of cancellation in clause 2, termination at clause 10 and the limitation of liability in clause 11.
2. ACCEPTANCE AND CANCELLATION
2.1 Order forms or orders placed with us for the supply of the Goods shall be deemed to be accepted only when you receive a written Order Confirmation from us (constituting a "Contract").
2.2 Subject to clause 2.3, we shall not be bound to accept the cancellation, alteration or suspension for whatever cause of any confirmed order. Any agreement by us to any such cancellation, alteration or suspension shall be subject to us being indemnified in full in respect of all and any expenses and loss incurred or sustained by us as a result.
2.3 If you are a consumer you may cancel the Contract within 7 working days of receipt of the Goods by calling us on 0844 5574150 quoting your account number and order reference number which you will find on the Order Confirmation. Please note that any cancellation by you must be supported by notice in writing from you in accordance with clause 2.4. You shall be entitled to a full refund within 30 days of our receipt of such notice.
2.4 No cancellation, alteration or suspension of an order shall be valid or binding unless you notify us in writing and it is agreed to in writing by us.
3. AVAILABILITY
3.1 All our Goods are offered subject to availability. If an item ordered is out of stock, we will inform you of an anticipated delivery date and will supply the item as soon as possible. If an item is discontinued then we will inform you and offer you a suitable alternative if available before confirming your order in an Order Confirmation. We reserve the right to withdraw an item where the information shown by us is incorrect.
3.2 If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait.
4. DESCRIPTION
4.1 We are constantly looking to improve the quality and value of the Goods that We offer. We take every care to ensure visual reference, specifications and written descriptions in our catalogue and on our website are as accurate and informative as possible. However, we reserve the right to change specifications or improve our Goods from time to time. In the event of any revised Goods not being acceptable we will issue a full refund provided the Goods in question are returned within 7 days, unused and in an 'as new', re-saleable condition.
4.2 Any visual reference, specifications or written description of Goods is published for the sole purpose of giving an approximate idea of the Goods described and do not form part of the Contract.
5. PRICE AND PAYMENT
5.1 Unless otherwise agreed, the price of the Goods shall be the price set out in the Order Confirmation.
5.2 All prices, fees, charges, expenses and other sums payable hereunder are exclusive of and subject to any Value Added Tax or other sales tax which shall be paid by you in addition on payment for the Goods unless otherwise stated. They are also exclusive of all costs and charges in relation to postage and packaging, which are to be paid in addition.
5.3 Payment shall be made at the point of order and can be made by cheque or through a major debit or credit card.
5.4 When an order is placed via our website, credit card numbers are encrypted using 128 bit encryption. They are decrypted after they reach our computer and they are not held in clear text on any website.
5.5 No payment shall be deemed to have been received by us until we have received cleared funds.
5.6 Current prices - All previous prices are superceded by the prices shown on this web-site. In the case of errors and omissions found by us or where supplier costs rise above a level that we can absorb prices may be affected. You will be advised if prices have changed before products are despatched and will be given the opportunity to cancel your order at no cost to you.
6. DELIVERY
6.1 Our standard package and delivery charge is £5.95. Certain large and bulky items may incur additional delivery charges. You will be advised of any additional charges in the Order Confirmation and before your order is despatched. We provide free packaging and delivery to most UK mainland addresses for orders above £55 (excluding VAT).
6.2 We normally make deliveries within 3 working days of acceptance of your order. Time shall not be of the essence regarding delivery.
6.3 The Goods shall be delivered to the address as indicated by you in the order form, or to such other place of delivery as is agreed by us in writing prior to delivery of the Goods. If for any reason you do not accept delivery of the Goods when they are delivered in normal working hours (8.30am to 5.30pm Monday-Friday), or we are unable to deliver the Goods on time because you have not provided appropriate instructions:
6.3.1 risk in the Goods will pass to you;
6.3.2 the Goods will be deemed to have been delivered;
6.3.3 we may store the Goods until delivery whereupon you will be liable for all related costs and expenses (including without limitation re-delivery costs, storage and insurance).
6.4 A small number of Goods are delivered directly from the manufacturer. These will arrive separately to the rest of your order and may take longer to deliver. If so you will be advised when you place your order and confirmed in the Order Confirmation. These goods are identified in our catalogue and on our website.
6.5 If when you receive the Goods you find them damaged or that the order is incomplete or incorrect you must write the details clearly in the courier's delivery assignment note and inform us in writing within 24 hours of the delivery. We will be unable to rectify any issues if you fail to do this.
7. NON-DELIVERY
7.1 If you have not received your delivery within 10 working days of receipt of an Order Confirmation please contact us on 0844 557 4150 and confirm this in writing.
7.2 Subject to clause 6.3, any liability of ours for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note for the value of the price paid for such Goods.
7.3 Subject to these Conditions, we will not be liable for any direct, indirect or consequential loss (including without limitation loss of profits, loss of business and depletion of goodwill), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods howsoever caused.
8. QUALITY
8.1 All our Goods are guaranteed for quality and durability for 1 year from the date of delivery.
8.2 We shall not be liable under the guarantee in clause 8.1 unless:
8.2.1 you give us written notice of the defect within 7 days of when you discover or ought to have discovered the defect; and
8.2.2 we are given a reasonable opportunity after receiving the notice of examining the Goods and you (if asked to do so) return the Goods to our place of business at our cost.
8.3 We shall not be liable under the guarantee in clause 8.1 where;
8.3.1 you make any further use of the Goods after giving such notice as required by clause 8.2.1
8.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, use of, or maintenance of the Goods; or
8.3.3 you alter or repair the Goods without our written consent.
9. RETURN AND REFUND OF GOODS
9.1 Where the Contract is cancelled in accordance with clause 2, the Goods in question must be returned to us within 7 working days of receipt of the Goods, in its original packaging, and in 'as new' resalable condition, unused and unaltered in any way. You shall then be entitled to a full refund within 30 days of our receipt of the Goods.
9.2 Where any of the Goods do not conform with the guarantees in clause 8.1 (subject to clauses 8.2 and 8.3), we shall at our option repair or replace the Goods or refund the price of such Goods provided that you, at our request and cost return the Goods or the part of the Goods which is defective to us.
9.3 Where Goods are ordered in error, or Goods are returned without our written agreement, and/ or not in accordance with clause 9.1 you must pay for the Goods in full. However, we may consider issuing a credit note or refund against Goods ordered in error after the 10 day cancellation period on a case-by-case basis.
9.4 Nothing in these Conditions affects your statutory rights.
10. TERMINATION
10.1 If you:-
10.1.1 commit any breach of any of these Conditions or any other provisions of the Contract and, in the case of a breach capable of remedy, fail to remedy the same within 14 days after receipt of a written notice from us giving full particulars of the breach and containing a request for it to be remedied; or
10.1.2 have an encumbrancer take possession of or a receiver or administrator or administrative receiver appointed over any of your property or assets; or
10.1.3 make a voluntary arrangement with your creditors or become subject to an administration or a bankruptcy order; or
10.1.4 enter into liquidation (except for the purposes of amalgamation or reconstruction and in such manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations of you under these Conditions); or
10.1.5 cease or threaten to cease to carry on business;
then and in any such case we shall have the right (without prejudice to any other remedies available to us) to terminate this contract forthwith by written notice to you.
10.2 The termination of this contract for whatever reason shall be without prejudice to the rights and obligations of the parties accrued up to and including the date of such termination.
11. LIMITATION OF LIABILITY
11.1 Subject to clause 8 the following provisions set out our entire financial liability (including any acts or omissions of our employees, agent and sub- contractors) to you in respect of:
11.1.1 any breach of these Conditions;
11.1.2 any representation, statement or tortuous act or omission including negligence arising under or in connection with these Conditions or the Contract;
11.2 Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
11.3 Provided you are not a consumer all warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law, excluded from the Contract.
11.4 Subject to conditions 11.2 and 11.3:
11.4.1 our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of the Contract shall be limited to the Contract price;
11.4.2 we shall not be liable to you for any losses, expenses, claims, costs, proceedings and demands of any nature or for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise) costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
12. DATA PROTECTION
12.1 It is our policy to respect the privacy of our customers. We will not disclose the details and information provided by you to any third party unless we are specifically required to do so by law, or in response to a valid, legal request by a law enforcement or governmental authority or for the delivery of Goods or as may otherwise be authorised by you.
12.2 Data collected by this website and our Customer Services Team is used to:
12.2.1 Take and fulfil customer orders;
12.2.2 Administer and enhance the site and service;
12.2.3 Issue a unique identifier (eg customer login);
12.2.4 Monitor customer account status beyond that required for individual purchases;
12.2.5 Only disclose information to third parties for goods delivery purposes; and
12.2.6 Provide customers with information, service and product updates.
12.3 You warrant that the details and information provided to us are true, correct and current. We will not be liable to you for any reason arising from any instructions or order form supplied by you which is incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form or arising from their late arrival or non arrival or other fault of yours.
12.4 Cookies are used on our shopping website to keep track of your shopping cart, to store delivery addresses (if the address book is used) and to store your details if you select the 'Remember Me' option. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to 'Tools/ Internet Options/ Privacy' and selecting to block cookies. If you turn off cookies, you will be unable to place orders online or benefit from other features that use cookies.
12.5 By accepting these Conditions, you acknowledge and consent that we may store and process your personal details and information (for example your name, address, telephone number and details of the service you use) in accordance with any data protection legislation and that we may use this information for marketing purposes. We have a responsibility to keep your information confidential and will only use it to offer our products.
12.6 Telephone calls may be recorded and monitored by us to improve the quality of our service or to assist with staff training.
13. FORCE MAJEURE
13.1 We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by you (without liability to you) if we are prevented from or delayed in the carrying out our obligations under these Conditions due to circumstances outside our reasonable control including, without limitation, strike, lock-out or other industrial action (whether or not relating to either party's workforce), terrorist activity, civil commotion, government action, acts of God, war or national emergency or other circumstances beyond our reasonable control provided that, if the event in question continues for a continuous period in excess of three months then you shall be entitled to give notice in writing to terminate the Contract.
14. MISCELLANEOUS
14.1 The headings to these Conditions are for convenience only and shall not affect their construction.
14.2 Where the context so admits reference in these Conditions to one gender shall include each other gender and words denoting the singular shall include the plural and vice-versa.
14.3 References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
14.4 Failure or delay by us in enforcing or partially enforcing any provision of these Conditions shall not be construed as a waiver of any of our rights under these Conditions or the Contract. No waiver of any of these Conditions by either party shall be deemed to be a further or continuing waiver of any subsequent breach of that term or condition or any other term or condition.
14.5 You shall not be entitled to assign or sub-licence or part with possession of any of your rights or liabilities hereunder. We shall be free to sub-contract the performance of all or part of our obligations hereunder.
14.6 A person who is not party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.
14.7 Any copyright, trade-marks or other intellectual property rights contained in all particulars, brochures or other material prepared by us shall belong to Elemental Brands Limited (unless otherwise stated).
14.8 These Conditions and any disputes or claims arising out of or in connection with their subject matter are governed by and construed in accordance with the law of England.
14.9 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions.
15. NOTICES AND SERVICE
15.1 Any notice required under these Conditions or by statute, law or regulation shall (unless otherwise provided) be in writing and delivered in person, sent by registered mail or email to:
15.1.1 in our case, to our registered office or such address as we may from time to time designate by notice hereunder;
15.1.2 in your case, to your registered office (if you are a limited company) or (in any other case) to any of your addresses set out in any document which forms part of these Conditions or such other address as shall be notified to us.
15.2 Any such notice shall be considered to have been given on the first working day of actual delivery or sending by email or in any event within 2 working days after it was posted (in the manner provided above).
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