Terms and Conditions

1. INTRODUCTION

The Entertainer has partnered with Merchmaker Ltd to supply personalised Create Your Own products.

The products are bought directly from Merchmaker Ltd via the Create Your Own section on The Entertainer’s website. Merchmaker Ltd is entirely responsible for the personalisation and delivery of your order, so any questions should be addressed to Merchmaker Ltd.

This http://createyourown.thetoyshop.com/(“Site”) is owned and operated by Merchmaker Limited, a company registered in England and Wales under company number 08230668 and with the registered office at Euro House, 1394 High Road, London N20 9YZ. Our business address (trading and correspondence) is:

Suite 22F, 2nd Floor,
Elizabeth House,
39 York Road,
London,
SE1 7NQ

Please read these Terms & Conditions (“Terms”) carefully before placing an order. By purchasing products (“Order”) on this Site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase products on this Site.

2. CHANGES TO TERMS

We reserve the right, at our discretion, to modify, add, or remove any or all of these Terms at any time and each such change shall be effective immediately upon posting.

Please check these Terms periodically for changes.

Your continued use of this Site and purchase of products on this Site following the posting of changes to these Terms will mean you accept those changes. Please check the Terms before every purchase.

If the revised Terms apply to your Order, we will notify you of the changes.

3. PRIVACY POLICY

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it.

4. PRODUCTS

We have made every effort to display the images of the products accurately on our Site, but they are for illustrative purposes only. All sizes, weights, capacities, colours, dimensions and measurements indicated on our Site have a 2% tolerance. Products delivered and packaging may vary slightly from those images.

5. ACCEPTANCE OF ORDER

5.1 These Terms will become binding on you and us and a Contract comes into effect when you receive our written acceptance of the Order, issued by email Order Confirmation. We are not bound by your Order until we have accepted it in writing.

5.2 If there is any conflict between these Terms and any term of the Order, the Order will take priority.

5.3 When we accept an Order an order number is assigned to you. You should quote this order number in all your subsequent correspondence relating to the Order.

5.4 If you have already paid for the products and we are unable to supply because the product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will notify you and will refund the full amount of the price you paid (including the delivery costs charged) as soon as possible.

5.5 Personalisation containing profanity wording

  • a) Merchmaker Ltd reserves the right to cancel any order containing swear words or other language likely to offend. You will be allocated a promotional code for the value spent, which can be used to re-order the product with a more appropriate personalisation.

  • b) In case of repeated orders containing profanity wording, Merchmaker Ltd reserves the right not to refund or issue any promotional codes to the offenders.

6. ENTIRE AGREEMENT

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersede all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

7. REPRESENTATIONS

7.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in these Terms.

Your Contract

End of cancellation period

Your Contract is for multiple Products delivered on separate days.

14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example: if we provide you with a Order Confirmation on 1 June and you receive the last instalment or last separate Product on 15 June you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 June and the end of the day on 29 June.

Your Contract is for single or multiple Products, which are not delivered in instalments on separate days.

14 days after the day on which you received the Product.

Example: if we provide you with a order confirmation on 1st June and you received the product on 10th June you may cancel at any time between 1st June and the end of the day on 24th June.

7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

8. RIGHT TO CANCEL

8.1 You have 24 hours from the time you receive an order confirmation in which to cancel your order.

8.2 If you notify us of your decision to cancel your Order during the permitted period, you will receive a refund. You can obtain advice on your legal right to cancel the Contract from your local Citizens' Advice Bureau or Trading Standards office.

9. RETURNS AND REFUNDS

If you intend to cancel your order or part of it, you may cancel either in respect of some of the products, all of the products or just any outstanding products you are yet to receive. If you opt to cancel, you shall return any relevant products you have already received and we will refund the price of the products and the relevant delivery for the products you have not received, based on our standard delivery charges.

Cancelling an Order

  • a) To cancel an order in accordance with clause 8 above, you should contact us at [email protected].

  • b) Your cancellation is effective from the date you send us the e-mail.

  • c) If you wish to contact us for any other reason, including any complaints, please contact us by e-mail at [email protected]

  • e) We will contact you or give you notice by e-mail or by pre-paid post to the address you provided with your order.

9.2 If you cancel your Order within 24 hours, we will

  • a) Refund the price you paid for the Products.

  • b) Refund any delivery costs you have paid.

  • c) Make any refunds due to you as soon as possible and in any event within 5 working days.

9.3 If you have returned the Products because they are faulty or not the Products ordered, we will refund the price of the Products in full, together with any reasonable delivery charges.

9.4 Refunds will be made to you on the credit card, debit card or PayPal account used by you to pay.

9.5 If a Product has been delivered to you faulty:

  • a) Then you must return it to us without undue delay and in any event not later than 14 days after the day on which you have received the product.

  • b) We cannot arrange the collection of Products on your behalf.

9.6 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. You can seek advice on your legal rights from your local Citizens' Advice Bureau or Trading Standards office.

10. DELIVERY

10.1 We will let you know the estimated delivery date on or around the date of the Order Confirmation. Our estimated delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see clause 16 below.

10.2 If no one is available at your address to take delivery, we may leave you a note to rearrange delivery.

10.3 Delivery of an Order shall be deemed to be completed when:

  • (i) We deliver the Products to the address provided by you;

  • (ii) We deliver the Products directly to you; or

  • (iii) A carrier organised by you to collect Products from us, collects the Products from us. You will be responsible for the Products from that time.

10.4 Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the Products.

10.5 If we fail to deliver the Products within the period stated for the delivery method you chose at placement of order, then you may cancel your Order straight away if either of the following applies to you:

  • a) We have refused to deliver the Products; or

  • b) You informed us prior to acceptance of your order that delivery within the delivery deadline was essential.

10.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can specify a new reasonable delivery deadline, and you can cancel your Order if we do not meet the new deadline.

We estimate delivery to take approximately 5-7 working days to reach you from the point of order. Orders received at weekends or Bank/Public holidays will be processed the next working day.

11. INTERNATIONAL DELIVERY

11.1 We do not offer international delivery.

12. PRICE AND DELIVERY CHARGES

12.1 Prices of the Products are specified on our site and confirmed on the checkout page. We may change our prices at any time, but that will not affect the prices of confirmed orders.

12.2 Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the Order and the date of delivery, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT taking effect.

12.3 Delivery cost is not included in the price specified for a Product. It will be added to the due amount.

12.4 Despite our best efforts, there may be incorrect prices on some of the Products. If the Products' correct price is less than a price shown on our site, the lower amount will be charged. If the Products' correct price is higher than the price specified on our site, we will honour the price shown on site. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the Products to you at the lower price that was incorrect.

12.5 Promotions, Discounts & Offers (“Promotional Discounts”) are subject to product availability during the offer period and are non-transferable, not for resale and not redeemable for cash. If you return a product purchased using a Promotional Discount your refund will equal the amount you paid for the product and be subject to our refund policy.

13. PROMOTIONS & OFFERS

We may from time to time offer Promotional Offers on purchases through our own or are partner websites.

By using a promotion you are confirming acceptance of these terms together with any specific instructions for such promotion which may be mentioned in any electronic messages, on the website, or communicated to you in any other way.

All orders will be subject to our standard Terms & Conditions and standard delivery charges may apply.

Only one promotion can be used with a single order and cannot be used in conjunction with other offers or promotions unless otherwise stated. Offers and promotions cannot be applied to previously purchased items.

In the event of product returns or cancellations, refunds will be given for the amount of the original purchase less the discount received.

We reserve the right to change promotion rules and withdraw a promotion at any time.

We shall not be liable to you if you suffer any financial loss or damage from our refusal to allow you to take part in a promotion or our withdrawal of any promotion or any failure or inability by you to use the promotion for any reason.

14. PAYMENT

Payment for Products is to be made at time of order by credit card, debit card, PayPal. Your credit card, debit card, PayPal account will be charged (debited) before the Products are dispatched to you. We accept payment via most major credit and debit cards.

15. OUR WARRANTY FOR THE PRODUCTS

15.1 We guarantee that Products shall be free from material defects for a period of three (3) months from the date of delivery. However, no matter how carefully you care for your product, it will begin to show age and wear. Consequently this guarantee does not apply to any defects in the Products arising from:

  • (a) normal wear and tear;

  • (b) any alteration or repair by you or by a third party not authorised by us;

  • (c) your failure to operate or use the Products in a manner deemed acceptable for the type of Product purchased.

  • (d) wilful damage caused by abnormal storage or working conditions, accident, negligence by you or by any third party; and

  • (e) any personalisation provided by you.

15.2 This warranty is in addition to your legal rights as a consumer in relation to Products that are faulty or not as described. You can seek legal advice on your legal rights from your local Citizens' Advice Bureau or Trading Standards office.

16. LIMITATION OF LIABILITY

16.1 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

16.2 Products supplied by us are for non-commercial purposes only. You shall not use the services or products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption

16.3 Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

  • (a) fraud or fraudulent misrepresentation;

  • (b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

  • (c) defective products under the Consumer Protection Act 1987;

  • (d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

  • (e) breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).

17. CIRCUMSTANCES BEYOND OUR CONTROL

17.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

17.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

17.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:

  • a) you will be notified as soon as reasonably possible; and

  • b) the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.

17.6 If Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the contract in accordance with clause 9. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 4 weeks in accordance with our cancellation rights in clause 9.

18. NOTICE

18.1 Any notice to us should be in writing and sent to us by pre-paid post or by hand to Merchmaker Limited at Suite 22F, 2nd Floor, Elizabeth House, 39 York Road, London SE1 7NQ, or by email to [email protected].

18.2 Any notice to you will be in writing by e-mail, by hand or by pre-paid post to the address you provided us with on the Order.

19. MISCELLANEOUS

19.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

19.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

19.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.

19.4 Each paragraph of these Terms is separate and distinct from each other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.

19.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

19.6 English law governs these Terms and the Contract between you and us. English courts will have jurisdiction on any dispute that may arise out of these Terms or Contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.

20. CONTACT US

20.1 You can contact us by email at:[email protected]

Our Customer Service team is available to answer your enquiries via email Monday to Friday 9.30am to 5.30pm. Please allow 2 working days for a response. We aim to resolve the query within 7 working days.