IMPORTANT NOTICE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE PLACING ANY
ORDER FOR GOODS OR OTHERWISE USING THIS WEB SITE (THE "SITE").
These terms and conditions ("these Terms") will apply when you access
and use the Site and place orders to purchase any of the products on the Site.
If you are unable to agree to these Terms then you must not use this Site or place
any orders for goods and we would ask that when attempting to place an order for
products you do not tick the box indicating your acceptance of these Terms. If in
the course of attempting to place an order you do not tick the acceptance box, you
will be unable to place an order. You will be returned to our Home Page.
By continuing to browse the Site you indicate your unconditional acceptance of these
Terms in regard to your use of the Site.
If when placing an order for products on the Site you are able to agree unconditionally
to these Terms, we would ask you to tick the box confirming your acceptance of these
Terms.
1. General Information
"We" are The Disney Store Limited (Registered No. 02523767) and our registered
office is at 3 Queen Caroline Street, Hammersmith, London W6 9PE, United Kingdom.
If you experience any problems with your order or in using this site, please contact
us at the address below and we will be happy to assist you (please note, this is
for Online Store related issues).
Disney Store Europe Online
PO Box150
Sandbach
Cheshire
CW11 3WB
VAT number: 576962483
Email: service@disneystore.co.uk
Tel: + 44 (0)870 759 1701 during business hours
(8am-6pm GMT Monday to Friday, excluding UK Bank Holidays and Public Holidays).
If you have any queries about our stores, please contact our Guest Relations department
at the address below and we will be happy to assist you (please note, this is for
Store related issues).
Disney Store Ltd
Guest Relations Department
Mail Code 2921
Queen Caroline Street
Hammersmith
London
W6 9PE
Tel: 0208 222 3333, Monday to Friday, 9.30am to 5.00pm, exclusive of Bank Holidays.
Email: tds.guest.relations@disney.com
If there are any terms in these Terms that you do not understand we suggest you
contact us before proceeding.
2. Our contract
We have set out below a summary of the steps that you need to follow in order to
place an order to purchase any of the goods that appear on the Site and thereby
conclude a legally binding contract with us for the sale of the relevant goods.
Step one: Log-in and registration
You will be offered a choice of shopping with us as a registered or non-registered
user. Registering avoids the need to retype your address or delivery details at
each shopping occasion with us and gives you the opportunity to register for strictly
controlled communications from us. Please note that our registration process does
not store your credit card details. There is no obligation to register with us in
order to shop with us.
Step two: Enter address details for billing and delivery
If you are a registered user your billing and delivery details will appear automatically
and can be modified if so required. If you are not a registered user, you will be
required to retype these details at each shopping occasion.
Step three: Review and confirmation
You will be given the opportunity to review and confirm the details of your order,
including the delivery address, preferred payment method and product details. No
credit card details are taken at this stage.
Step four Checkout
You will be required to enter details of the credit card with which you wish to
pay and you will be given an opportunity to accept or reject further communications
from Disney Store Europe.
3. Email confirmation
When you place an order for any product from the Site, we will send you an email
confirming receipt of your order, together with your order number for reference.
We recommend you print and save a copy of this confirmatory email, together with
a copy of these terms and conditions for your records. Your order represents an
offer by you to us to purchase the relevant goods from us. Your order is accepted
by us when the Products ordered by you have been dispatched unless we have notified
you that we do not accept your order, or you have cancelled it in accordance with
the instructions in clause 5.Right of cancellation and Returns. We will send you
a further notification email once your order has been dispatched. The contract between
you and us for the sale of any product will therefore be made and become binding
on both you and us when we have dispatched your order. That acceptance will be deemed
complete and will be deemed for all purposes to have been effectively communicated
to you at the time that we send the e-mail to you (whether or not you receive that
e-mail). If we are unable to fulfil your order for any reason, we will inform you
by email and your order will be cancelled. Where this is the case, and we have processed
your payment we will offer you a refund or credit your credit or debit card.
Any contract made between us in the manner described above shall be subject to and
interpreted and enforced in accordance with English law and in respect of any actions
or claims under these Terms you and we agree to submit to the non-exclusive jurisdiction
of the English courts.
4. Payment
You will also receive an e-mail from Secure Trading, who manage payment card processing
for us, regarding validation of your method of payment. If accepted, your credit
or debit card will be debited. If rejected, and you do not provide an alternative
credit or debit card which is accepted, the order will not be processed. We use
Secure Trading to validate your payment online before you receive a confirmatory
order number. Secure Trading uses software to check for fraudulent use and link
to the banks for credit limits and notification of lost and stolen cards. You can
learn more about Secure Trading and its privacy statement at
www.securetrading.com.
5. Right of cancellation and Returns
You have the right, within fourteen (14) working days (Monday to Friday inclusive)
from the date of your receipt of the relevant goods, to cancel our contract with
you. This right does not apply to products stated by us on the Site to be non-returnable
including, without limitation, audio and video recordings, computer software, and
any DVD's, CD-ROMs you have unsealed.
It is important to us that you are satisfied with your store experience, whether
on the web or in-store. If you are not completely satisfied with our goods or services,
you have the right to cancel your order up to fourteen (14) working days (Monday
to Friday inclusive) after receipt of your product and we will refund the full purchase
price you paid for the goods you ordered, although we do reserve the right to charge
you for the cost of returning the goods by post. In such circumstances you must
return the product to us in good condition. We would like you to be aware that any
product purchased from Disney Store Online store can be returned at any of our 'bricks
and mortar' stores, which can be found at the "Store
Locator" section on our website. Please note that you should take your
invoice with you to affect your return, as you would any store receipt.
6. Processing and Delivery of your Order
We reserve the right, at any time prior to our communicating our acceptance to you,
to refuse any order or any part of an order, or to require further or better information
to enable us to evaluate and/or process the order.
We may subsequently be unable to ship the items requested, or may decide on reasonable
grounds not to do so. Such reasons may include (but are not limited to) safety concerns
and fairness between customers where supplies are limited. Where this is the case,
we will inform you and either: not process your payment or, where we have already
done so, offer you a refund or credit your credit or debit card.
Beyond offering you such a refund or credit we accept no liability for any failure
to ship products where this results from our inability to do so or our decision
on reasonable grounds not to do so. Please note, however, that this does not affect
any legal rights you may have as a consumer under English law or the consumer laws
of any other jurisdiction that may apply to you.
In order to avoid disappointment, we strongly recommend that you order in good time
to allow for processing and delivery of your order.
For more details on our delivery service, including applicable charges, please review
our Delivery guide. We will do all we reasonably
can to meet a delivery time but where, for circumstances beyond our reasonable control
we cannot do so, we will contact you and advise of an alternative date. If we are
unable to fulfill your order for any reason, we will inform you by email and your
order will be cancelled. The risk in any goods you purchase and the responsibility
to insure them will pass to you when the relevant goods are delivered to you.
7. Customs
When ordering goods from us for delivery overseas you may have to pay import duties
and taxes, which are levied once the package reaches the specified destination.
These and any other additional charges for customs clearance must be borne by you;
we have no control over these charges 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. Additionally, please note that when ordering from
us, you must comply with all laws and regulations of the country in which you are
receiving the goods.
8. Copyright and Restrictions on Use of Materials
All materials contained in the Site are the copyrighted property of Disney Enterprises,
Inc., or its subsidies or affiliated companies and/or third-party licensors. All
trademarks, services marks, and trade names are owned by us or one of the other
companies within the Disney group of companies.
No material from the Site may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you may download one copy of
the materials on any single computer for your personal, non-commercial home use
only, provided that (i) you keep intact all copyright and other proprietary notices,
(ii) you make no modifications to the materials, (iii) you do not use the materials
in a manner that suggests an association with any of products, services, or brands,
and (iv) you do not download quantities of materials to a database that can be used
to avoid future downloads from the Site. For the purposes of these Terms, the use
of any such material on any other website or computer environment is prohibited.
In the event you download software from the Site, you have a right to use that software,
including any files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software") for your personal,
non-commercial home use only. We do not transfer ownership of the Software to you.
You own the medium on which the Software is recorded, but we (or other third parties)
retain full and complete ownership of the Software and all intellectual property
rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble,
or otherwise reduce the Software to a human-readable form.
9. Disclaimer
WE WILL DO ALL WE REASONABLY CAN TO ENSURE THAT THE AVAILABILITY OF THE SITE IS
NOT MATERIALLY INTERRUPTED AND THAT ANY COMMUNICATIONS WITH YOU ARE ERROR FREE.
HOWEVER, DUE TO THE NATURE OF THE INTERNET, WE CANNOT GUARANTEE THIS. YOUR ABILITY
TO ACCESS TO THE SITE MAY ALSO BE RESTRICTED FROM TIME TO TIME IN ORDER TO ALLOW
US TO CARRY OUT REPAIRS OR MAINTENANCE OR THE UPGRADING OF THE SITE. WE WILL ATTEMPT
TO MINIMISE THE FREQUENCY AND DURATION OF ANY SUCH RESTRICTION.
THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE, INCLUDING, WITHOUT LIMITATION,
TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS AND WE GIVE
NO REPRESENTATION OR WARRANTY IN RESPECT OF SUCH INFORMATION AND MATERIALS. IN PARTICULAR,
WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS
ACCURATE, COMPLETE OR CURRENT OR THAT USE OF THIS SITE IS FREE OF RISK OF VIRUSES
OR OTHER DAMAGE. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY
RIGHTS AS A CONSUMER.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. WHERE THE
CURRENT PRICE OF THE ITEM AT THE DATE OF THE ORDER IS DIFFERENT FROM THAT STATED
ON THE SITE, WE WILL NOTIFY YOU AND YOU WILL BE GIVEN THE OPPORTUNITY TO CANCEL
THE ORDER. SHOULD YOU CHOOSE TO CANCEL THE ORDER IN THIS CASE, WE WILL EITHER NOT
PROCESS YOUR PAYMENT OR, WHERE WE HAVE ALREADY DONE SO, OFFER YOU A REFUND OR CREDIT
YOUR CREDIT OR DEBIT CARD. PRICES ONLINE MAY DIFFER TO THOSE INSTORE.
WE WARRANT THAT ALL GOODS PURCHASED FROM THE SITE WILL BE OF SATISFACTORY QUALITY
AND FIT FOR PURPOSE IN ACCORDANCE WITH THE SALE OF GOODS ACT 1979 AND THAT WE WILL
PROVIDE ANY SERVICES TO YOU WITH REASONABLE SKILL AND CARE. NOTHING IN THESE TERMS
SHOULD BE TAKEN AS EXCLUDING OR RESTRICTING THESE WARRANTIES OR ANY OTHER RIGHTS
WHICH APPLICABLE LAW GRANTS TO CONSUMERS IN RESPECT OF SUCH PRODUCTS.
INDIVIDUAL PRODUCTS MAY BE THE SUBJECT OF ADDITIONAL WARRANTIES OR GUARANTEES GIVEN
BY THEIR MANUFACTURERS DIRECTLY. SUBJECT TO THE STATUTORY OR OTHER LEGAL RIGHTS
AFFORDED TO CONSUMERS AND WITHOUT PREJUDICE TO THE PRECEDING PARAGRAPH, SUCH WARRANTIES
AND GUARANTEES ARE NOT ENFORCEABLE AGAINST US, BUT ONLY AGAINST THE PERSON GIVING
THEM.
10. Our Liability
WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY
OUR NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR CONCEALMENT.
THE DISNEY STORE LIMITED ACCEPTS LIABILITY FOR DAMAGE TO PROPERTY WHERE AND TO THE
EXTENT THE DAMAGE ARISES FROM THE NEGLIGENCE OF THE DISNEY STORE LIMITED, OR OF
ITS SERVANTS AND AGENTS, UP TO A LIMIT, IN RELATION TO ANY ONE EVENT OR SERIES OF
EVENTS ARISING FROM A COMMON CAUSE, OF (I) WHERE THE EVENT IS OR RELATES TO THE
PURCHASE OF ANY PRODUCT, TWENTY (20) TIMES THE PRICE PAID FOR THAT PRODUCT; OR (II)
IN ANY OTHER CASE, TWO THOUSAND POUNDS (£2,000).
IF WE BREACH THESE TERMS WE ACCEPT LIABILITY TO YOU FOR ANY LOSSES WHICH ARE A DIRECT
AND REASONABLY FORESEEABLE CONSEQUENCE OF THAT BREACH, UP TO A LIMIT, IN RELATION
TO ANY ONE EVENT OR SERIES OF EVENTS ARISING FROM A COMMON CAUSE OF TWO THOUSAND
POUNDS (£2,000).
WE DO NOT ACCEPT LIABILITY FOR ANY LOSS WHICH IS NOT A DIRECT AND REASONABLY FORESEEABLE
CONSEQUENCE OF THE RELEVANT BREACH OF THESE TERMS OR WHICH IS CONSEQUENTIAL, HOWSOEVER
ARISING AND EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
11. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations
under these Terms if the delay or failure arises from any cause which is beyond
our reasonable control. This term does not affect your statutory rights as a consumer.
12. Waiver
If you breach these Terms and we take no action against you, we will not be considered
to have given up our rights in respect of your breach and we will also still be
entitled to use our rights and remedies in any other situation where you breach
these Terms.
13. Entire Agreement
These Terms shall replace any prior agreements or arrangements which may have existed
between us, provided that the information you have given to us is not incorrect
or fraudulent.
14. Severability
If any of these Terms is deemed invalid or unenforceable for any reason then the
relevant term shall be considered to be severable from, and shall not affect the
validity and enforceability of, the rest of these Terms
15. Third Party Sites
This Site may contain links to other sites on the Internet that are owned and operated
by third party vendors and other third parties. We cannot ensure that you will be
satisfied with any products or services that you purchase from a third-party site
that links to or from this site or third-party content on our site. We do not endorse
any of the merchandise and nor have we taken any steps to confirm the accuracy or
reliability of, any of the information contained in such third-party sites or content.
CONSEQUENTLY, WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THESE OR ANY OTHER
SITES LISTED IN ANY OF OUR DIRECTORIES AND CANNOT BE HELD RESPONSIBLE FOR THE CONTENT,
AVAILABILITY, ACCURACY, RELEVANCE, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF
MATERIAL CONTAINED IN THOSE SITES. We reserve the right to disable links from the
third-party sites to the Site at any time.
WE ALSO DO NOT MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES AS TO THE SECURITY
OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT OR DEBIT CARD AND OTHER
PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY THIRD-PARTY, AND YOU HEREBY
IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES AND THIRD-PARTY
CONTENT.
WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE
BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD
PARTIES.
17. Personalised Product
Please review your personalisation information before submitting your order. Check
spelling and names carefully. You are welcome to call us on our guest service helpline
0870 759 1701 if you have questions about personalisation. Please note that the
usual returns policy does not apply for personalised product, personalised items
cannot be returned, unless there is a manufacturing error or product defect, this
does not affect your statutory rights. Disney Store Online reserves the right to
refuse personalised orders at our discretion. In the case of inappropriate use of
this service, your order will be cancelled and fully refunded.
Cancellations and changes must be made by 10.00 a.m. on the day after you place
your order. Personalisation service available with standard delivery only, please
allow up to 10 working days for delivery.
18. Electrical Equipment Recycling
The Disney Store Ltd is a member of the distributor "Take
Back" scheme operated by Valpack.
Please help us to minimise the effect we have on the environment by recycling your
waste electrical goods.
Or to find your nearest recycling points and helpful recycling tips for electrical
goods, visit www.recycle-more.co.uk