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Terms and Conditions
Terms & Conditions
1-General
1.1 These Terms and Conditions apply to all transactions on the www.purelyplay.com website (referred to as "the Websites") and govern all agreements between the user of these websites (referred to as "you" and/or "your") and the operator of the Websites, Purelyplay Limited (referred to as "the Company", "we", "our" and/or "us"). Please read them carefully. They do not affect your statutory rights.
1.2 We reserve the right to change these terms and conditions at any time. Any changes will take effect on the date they are posted onto the Websites. You will be asked to read and accept our terms and conditions each time you place an order with us, to ensure that you accept and are familiar with the most current ones.
1.3 All products sold on this website carry a full 12 month Purelyplay warranty,unless otherwise stated
2-Order Process
2.1 All orders placed on the Websites will be subject to acceptance in accordance with these terms and conditions.
2.2 You will have an opportunity to check and correct any input errors in your order up until you submit your order (by clicking on the "Submit Order" button on the Submit Order page).
2.3 After submitting an order to us we will send you an order acknowledgement email providing you with an Order Reference Number and details of the product(s) you have ordered. This email does not constitute acceptance of the order by us.
2.4 Acceptance of your order and the creation of a legally binding contract between you and us will only occur on receipt of cleared funds by us and dispatch to you of the product(s) you have ordered.
2.5 Alternatively, we may decline all or part of your order for any reason, in which case we will notify you by email of our decision.
2.6 We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method or suggest that you visit one of our stores. Please note that products, prices and offers in our stores may differ from those featured on the Websites.
3-Payment
3.1 We take payment from your card when we process your order. Payment can be made by any method specified on the Websites.
3.2 All prices on the Websites are shown in UK pounds sterling and include any VAT payable but exclude delivery charges (for details of these see " Delivery " at clause 5 below).
3.3 Prices, offers and products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable we may offer you an alternative or suggest that you visit one of our stores.
3.4 Every effort is made to ensure that prices shown on the websites are accurate at the time you place your order. If an error is found, the we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the we do not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
3.5 Title to any products you order on the Websites shall pass to you on delivery of the product(s) provided that we have processed and received payment in full for those product(s).
3.6 The total cost of your order will be the price of the product(s) you order, any additional services you choose (e.g. installation), plus the applicable delivery charge. All these will be set out clearly in your Shopping Basket before you submit your order.
3.7 If the cost of fitting, installation and/or delivery (services) is included in the price then any charge for such services will not be refunded if you subsequently return the product(s) either for a refund or for credit.
4-Returns, Cancellations and Substitutions
4.1 After a period of seven (7) days from the day after delivery of the product(s), if you wish to return any product(s) that you have ordered simply because you have changed your mind we may in our absolute discretion accept their return provided that it is within fourteen (14) days of the date of purchase. Should we choose to accept the return (retail and shop collection only) of the product(s) we shall charge a handling charge of 25% of the price of such product(s). In the unlikely event that you receive faulty or damaged goods, please refer to our Returns Policy . This does not affect your rights under the Distance Selling Regulations (see Returns Policy ).
4.2 Sometimes the product(s) specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it to us within fourteen (14) days of delivery. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations
4.3 All sizes and measurements given on the Websites are approximate but we do try to make sure that they are as accurate as possible.
5-Delivery
5.1 Any import (and/or other customs) duty, VAT and any other related charges on deliveries outside the UK are to be borne by you.
5.2 We have no control over VAT and related customs duties and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
5.3 All deliveries must be signed for (except items sent by post and which are small enough to be put through your letterbox). Please make sure you keep the receipt enclosed with your goods.
5.4 When you add products to your Shopping Basket, the appropriate delivery charge will be added automatically. You will always be able to see this charge before submitting your order. There are additional charges if (for example) you select product installation or removal of an old appliance.
5.5 We do everything we can to meet the delivery times specified in the Websites. However, occasionally delivery times may be affected by factors beyond our control and therefore they cannot be guaranteed. We will inform you if we become aware of an unexpected delay.
5.6 Please allow extra time for deliveries to the Scottish Islands or if you apply for credit (we need to receive your signed application form back before we can process your order; which can add more than five (5) working days to the delivery time).
5.7 If items are refused at point of delivery a 25% restocking fee will then apply.
6-Tracking Your Order
You can track the progress of your order by logging in and then going to " Track your Order ". We will inform you if there are likely to be any unexpected delays.
7-Intellectual Property
7.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of the Websites shall remain at all times vested in us or (where appropriate) our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
7.2 You acknowledge and agree that the material and content contained within the Websites is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using the Websites. You further acknowledge that any other use of the material and content of the Websites is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
8-Liability and Indemnity
8.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
8.2 Subject to clause 8.1 above, we will use reasonable endeavours to verify the accuracy of any information on the Websites but we make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Websites or that they will be timely or error-free, that defects will be corrected, or that the Websites or the server that make them available are free of viruses or bugs or represent the full functionality, accuracy, reliability of the Websites. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Websites and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the Websites.
8.3 Subject to clause 8.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out in our Returns Policy, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
8.4 Subject to clause 8.1 above, we shall not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
. economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
. loss of goodwill or reputation; or
. special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
8.5 Notwithstanding the above, subject to clause 8.1 our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
8.6 This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
8.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. 8.8 The purchaser is entitled to the benefit of any warranty or guarantee received by the Company from the manufacturer of the equipment.
8.9 The purchaser shall observe all any requirements imposed by the manufacturer.
9-Miscellaneous
9.1 You should retain the receipt or invoice issued by us as proof of purchase. If you return equipment for repair or exchange you should ensure the equipment is returned in the original clean packaging. We will not accept the goods without the original receipt or invoice and clean packaging.
9.2 These terms and conditions and all transactions relating to this website are governed by English law and are subject to the exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions.
9.3 Your data protection rights are set out in our Privacy Policy .
9.4 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
9.5 If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
9.6 Any term seeking to exclude or limit liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiry or termination of the agreement. Each of these conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
9.8 Additional terms and conditions may apply in respect of prize competitions, pre-release orders and our added value services and offers. If so, you will be alerted to them at the relevant juncture.
9.9 These terms and conditions only cover the Websites. Any other websites to which you link from this site are governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites which are not under our control. We are required by law to tell you that sales can be concluded in English only and that no public filing requirements apply.
This website is operated by Purelyplay.com trading as Purelyplay Ltd., purelyplay.com,
RETURNS POLICY
Choice of Governing Law and Jurisdiction
This Agreement is subject to the laws of England and the parties agree to submit to the exclusive jurisdiction of the Central London County Court, 13-14 Park Crescent, London, W1N 4HT in respect of any dispute under this Agreement. The place of performence of the contract shall be England, and the contract shall be exclusively governed by English Law.
(1) Statutory Cancellation Period.
1.1 By law, customers located in the European Union have the right to withdraw from the purchase of an item within seven (7) working days of the day after the item is delivered.
. Where you are withdrawing from your purchase within the seven (7) working day period, and there has been no error on our part, we will refund the cost of the item and the cost of sending the item to you as follows:
. Where you are returning an item that was part of a larger order, we will refund the item per-item charge for the delivery that you incurred within thirty working days of the date of cancellation;
. Where you are returning an entire order, we will refund applicable per-item delivery charges and the delivery charge that you incurred;
. We will refund only standard (Airmail) postage charges for items delivered outside the UK .
1.3 We will not refund the cost of giftwrapping, delivery and other services provided to you in connection with your purchase unless you return the item to us because of an error on our part or because it is defective.
1.4 Your product must be complete, unused and in ' as new ' condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product in any way). It should be returned with the original box, packing and accessories. Pre-recorded videotapes, DVDs, CDs, minidiscs and other software must be sealed. Any 'Free Gifts' received with the product must also be returned.
. We cannot cancel your purchase when:
. y ou return your product to us without proof of purchase;
. there is a contract for services with the product and you have started using the services (this would include, e.g. a mobile phone subscription, but not an extended warranty service agreement);
. the seal has been broken on any software including games (but not limited to tapes, CD's, DVD's) or
. the goods were a special order to your specification.
(2) Return of Faulty or Incorrect Items
2.1 You have the right to return a faulty item within a reasonable period of time. Please keep all the warranty information that accompanies your item as this will be needed should there be a fault.
2.2 If there is a fault or defect with your product within six (6) months of delivery we will normally offer to repair the item. This does not affect your right, under condition 2.1 above, to return the item.
2.3 We will always offer you the choice of an exchange or refund if the fault occurs within fourteen (14) days of delivery.
. To qualify for a refund or exchange the product must be:
. in otherwise "as new" condition; and
. complete with any accessories and free gifts offered with it (and, if possible, the original box and packaging);
2.5 This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear. For consumable items (e.g. batteries, camera films, ink cartridges etc) the guarantee period is three months from delivery.
2.6 If a pre-recorded videotape, DVD, CD, minidisc or other software is faulty under guarantee we will exchange it for the same title or refund your money.
2.7 Any refund due to a fault or other defect will include a refund of the applicable delivery charge. We will also pay for the costs of collecting goods for replacement or refund.
2.8 We try very hard to ensure that you receive your order in pristine condition. If you do not receive all of your product(s), please check that they have been dispatched by using our tracking facility (simply log in and then go to " Track Your Order ").
THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS
Privacy Policy
Who we are
In this Privacy Policy references to "we", "us", "our" and/or "the Websites" are references to Purelyplay Limited trading as Purelyplay Ltd.
What information we collect and how
The information we collect via the Websites may include:
(1) Any personal details you type in and submit, such as name, address, email address, etc.
(2) Data which allows us to recognise you, your preferences and how you use our Websites. This saves you from re-entering information when you return to the Websites. This data is collected by cookies from your navigation around the Websites. A cookie is a small amount of data which we send to your computer. The data is then stored on your browser or hard disk. Most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Details about this can normally be found in the Help facility provided with your browser. If you disable cookies, you will not be able to receive personalised facilities. The cookies store information only for as long as you are viewing the Websites. ").
(3) Your IP address (this is your computer's individual identification number) which is automatically logged by our web server. This is used to note your interest in our Websites.
(4) Your preferences and use of email updates, recorded by emails we send you (if you select to receive email updates on products and offers).
What we do with your information
Any personal information we collect from the Websites will be used in accordance with the Data Protection Act 1998 and other applicable laws. The details we collect will be used:
(1) to process your order, to process any application for finance or a mobile phone contract etc., to maintain guarantee records and to provide after-sales service (we may pass your details to another organisation to supply/deliver products or services you have purchased and/or to provide after-sales service);
(2) to carry out security checks (this may involve passing your details to Experian Limited, or another credit reference agency, who will check details we give them against public and private databases and may keep a record of that check to use in future security checks - this helps to protect you and us from fraudulent transactions); and
(3) to comply with legal requirements (e.g. if you buy a TV or similar, we are obliged to pass your details to the TV licensing authority).
We would also like to email or post you details of various promotions, goods and services that we can offer you through our affiliates and suppliers. These include all kinds of electrical and communications products, as well as related service and insurance agreements. If you wish to receive these, please tick the " Yes " box when entering your personal details. You may unsubscribe at a later date, if you wish, by clicking on " Please unsubscribe me ").
We may use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers use our site and issuing our e-mails for us. Rest assured that third parties will not be allowed to use your personal information for their own purposes without your prior permission to do so.
Your rights
(1) You can ask us to update or remove your personal information by emailing Sales@purelyplay.com or by writing to us at our customer services address below. However, please note that we may need to keep some personal data in order to process orders or to comply with customer service or after sale obligations.
PurelyPlay.com
Other Websites
This privacy policy only covers our Websites. Any other websites which may be linked to by our Websites are subject to their own policy, which may differ from ours.
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