TERMS AND CONDITIONS


This site is owned by Tulip Toys and Gifts Limited trading as Activity Chest (hereafter THE MERCHANT or US) and registered in England, Registration No. 04667468, with a registered address at  15-19 Cavendish Place, London, W1G 0DD (hereafter THE MERCHANT ADDRESS), and email address at info@activitychest.com.

Any purchase of goods from the site www.activitychest.com (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".


Purpose

These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by Tulip Toys and Gifts Ltd to the customer.

Order Confirmation

All contractual information will be confirmed by email to the address specified by the customer during the act of purchasing.

Proof of Transaction

The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.

Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.

Product Information

 
Every effort has been made to ensure the accuracy of the information presented on Tulip Toys and Gifts Ltd's web site. WE or OUR suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions.  
 
Tulip Toys and Gifts make every effort to correctly describe and display the actual product for sale and shall contact the buyer should any discrepancies come to our notice. Any mistakes should be deemed as being an honest mistake. Should this situation occur WE shall take measures to correct the mistake by either replacing the product or refunding the cost of the product at OUR discretion.
 
WE always check the functionality and the quality of products sold prior to placing orders with suppliers and periodically physically batch test to ensure continuing quality. HOWEVER WE do not open individually packaged goods before dispatch and should any goods be found to be faulty upon receipt the BUYER must contact us by email within 2 days of receipt with  full details of the damage. Should WE request the return of the damaged product YOU shall be liable for the return postage and any other costs which WE shall refund fully should the product have been deemed to have been damaged before being posted to YOU by US.
 
All of out PRODUCTS conform to all relevant CE and ASTM requirements in force at the time of sale. WE only buy from reputable manufacturers who have worldwide product liability insurance in place at the time of our purchase. In addition WE also have similar product liability insurance in place.

Validity Period of Offer and Prices

Our prices are valid for the time YOU visit Tulip Toys and Gifts Ltd's site and are subject to change without notice. All offers will be bound by the terms and conditions displayed at the time of YOUR visit. 

Delivery Terms
 
Products are delivered to the address specified by YOU on the purchase order and only to geographic zones that we service.
 
All contracts to purchase from Tulip Toys and Gifts Ltd are subject to the Laws of England for U.K. delivery and any contracts and deliveries outside of the U.K. shall be executed strictly on a Carriage Paid To (CPT) basis: (seller clears the goods for export and delivers them to the carrier or another person stipulated by the seller at a named place of shipment). YOU have paid us for the transportation costs associated with delivering goods to the named place of destination but YOU ARE responsible for procuring insurance. Basis as in Incoterms 2010.
 
If YOU want to insure your purchase YOU must contact US immediately after purchasing and WE shall notify YOU of any additional costs which YOU shall pay us before we send your purchase.

No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of receipt.

As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. 

We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.

Loss or Damage in Transit
 
Tulip Toys and Gifts Ltd will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to US within two (2) business days of delivery for damage or after 30 days after posting for loss.

Delivery Errors  

All contracts made with Tulip Toys and Gifts Ltd are deemend to be made under the European Distance Selling Regulations as in force at the time YOU make the contract with US.
 
The customer must inform US immediately (the same day or, at the latest, the third business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.

All claims must be made by email and sent to OUR address as given above. Because of high incidences of emails not being delivered WE urge YOU to send this email twice. We are not responsible for the non delivery of YOUR email.

Any claim that does not respect the rules defined above cannot be taken into account and releases US of any responsibility to the customer.

In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to US in whole, in its original packaging and in perfect condition to OUR ADDRESS as we shall inform YOU.

For claims to be accepted, the YOU must first make a declaration to US concerning any returns and receive OUR written consent.  
 
Warranty
The provisions hereof cannot deprive the customer of their right to legal warranty requiring US to protect YOU against latent defects of goods sold.

In the case of damage to a person or property resulting from a product defect,  the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product in the first instance. 

All products that have been modified or repaired by the customer or any other party not chosen by US are not covered by this warranty.
 
Right to Withdrawal

In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns must be notified by email directly with OUR  customer service department. All goods must be returned to OUR address which we shall give you.

The cooling off period and right to cancel do not apply to contracts, orders for any goods made to your specification, any downloaded goods or unsealed goods including but not limited to (DVD, CD, Tapes, Software, Video and audio).

Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. YOU can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If YOU exercise the right to withdraw, YOU have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.

If the right to withdrawal is exercised, WE will make every effort to refund YOU within 30 days.

Right of Use

The use of any trademarks, logos or brands present on the site is strictly forbidden.

Force Majeure

Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.

In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known by email.

Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.

Partial Invalidity

These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of an English Court.

Non-Waiver

No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.

Data Protection
 
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998 and any subsequent Acts in force under the Laws of England.
 
Applicable Law and Competent Jurisdiction

In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on OUR SITE strictly imply the acceptance of OUR terms and conditions.

In case of dispute or claim, YOU agrees to seek an amicable solution with US before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English Courts.

 
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