By using, accessing, or purchasing from this website (“Site”), which is owned and operated by Ginga Toys, Ltd. (herein referred to as “Gingatoys”), you acknowledge that you have read, understood, and agree to the following Terms of Service (“Terms” or “Agreement”). If, at any time, you do not agree to these Terms, please do not use this Site. Gingatoys reserves the right to revise these Terms at any time by updating this posting. Please read and review these Terms periodically. As a condition of your use of this Site, you agree that you are at least 18 years of age or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site via a browser. We reserve the right to revise the products and services available on the Site and to impose rules for and limits on the use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.
Gingatoys reserves the right to change these Terms of use at any time without notice.
By accessing or using any part of the Site, you accept these Terms, without limitation or qualification. You may not use any portion of the Site if you do not agree with all of the Terms. The price information found on this site is subject to change without notice.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Use of the Website
We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or another systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site.
We reserve the right to change any information, features, and functions of the Site without prior notice. We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and Gingatoys has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Gingatoys of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
You may receive emails regarding your account or promotions for special offers, including third party offers.
We may use your e-mail address to send you information about products or services that are the same as or similar to those that you have ordered from us and that we think you may find useful.
We will do so only if you have indicated that you do not object to being contacted for these purposes. At any stage, you have the right to ask us to stop using your personal data for direct marketing purposes by visiting the contact us page and selecting “Opt-Out from Marketing Email(s)” on the contact form or through the unsubscribe link found in any of our marketing emails.
Billing and Payments
As a Member, you agree to the following benefits and Terms:
You must provide us and keep us up to date with accurate contact and payment information, including name, shipping address, credit or debit card number and PayPal details. We save your payment information for ease of future shipments and charges. All such personal information is subject to the Privacy Policy. You are responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment to us is returned for any reason, we may bill your account again directly and seek payment by another method including a mailed statement. Any account changes made after the 15th of each month should not be expected to reflect on the subscription until the following shipping period.
Pre-Orders
Pre-Ordering is a facility we provide on selected products. These products are not available at the time of ordering and will be released at a future date. The availability date on the product page is provided by the manufacturer directly and can change, of which we have no control and cannot take responsibility for. If you cancel a pre-order, a 10% fee will be held from the total value of the product. We’ll not charge any fees if the product is delayed for more than 6 months.
Pre-Ordering works in two separate ways:
– Deposit
You can place a deposit of 20% of the full amount of the product. When the product releases you’ll receive an email from us with the invoice to pay the remaining balance. Please note that the payment must be done within 10 days after release. If we don’t receive the payment within 10 days, your order will be canceled without further notice and the deposit will not be refundable. At this point, we can no longer guarantee your product. If you require more time to pay the remaining balance, please contact us before it is due.
– Upfront
You’ll always be notified by email when the product releases or if there are any delays regarding the release of the product.
By purchasing a Pre-Order, either through upfront payment or deposit, you agree and accept these terms.
“On Request” items
This is a specific situation where we do not stock this item. When your order comes in we place an order with our supplier. This can take weeks or even months to arrive at our UK warehouse. Get in touch with us after placing your order, or even before, so that we are able to provide a more accurate time frame. If you decide to cancel your order, a 10% fee will be held from the total value of the product.
Price Drops
We cannot guarantee that the price of a given product will not change throughout its life course. Various factors affect pricing which might increase or decrease it. This only applies to in-stock products. Pre-order products will maintain the same price until release.
If after purchasing your item(s) the price(s) drop you must get in touch with us in no more than 7 days since we received your order.
If more than 7 days have passed since we received your order we will not be able to provide any type of refund.
Product Information; Limitation on Quantities
We strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. Please notify us as soon as possible so we can act fast.
If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo of the replacement request. Damaged items will be reviewed by Gingatoys and a replacement will be issued only for damaged products and does not cover or include packaging of the said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of Gingatoys customer support.
Copyright
The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics, or code is copyrighted as a collective work under England and Wales law and other copyright laws, and is the property of Gingatoys and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Gingatoys. Copyright 2021 Gingatoys. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.
Trademarks
All trademarks, service marks, and trade names of Gingatoys on the Site are trademarks or registered trademarks of Gingatoys, or of their respective owners.
User-Generated Content
By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant Gingatoys a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of Gingatoys. You acknowledge and agree that you are solely responsible for all the user data that you make available through Gingatoys. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents, and releases necessary to grant Gingatoys the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or Gingatoys use of your uploaded data (or any portion thereof) on, through or by the means of Gingatoys will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
Warranty Disclaimer
Except as otherwise specifically provided, the site and the products offered on the site are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Gingatoys disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Gingatoys does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free of viruses or other harmful components. Gingatoys does not make any warranties or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Neither Gingatoys nor its celebrity spokespersons shall be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site or materials on or provided through the site, even if Gingatoys has been advised of the possibility of such damages. In no event will Gingatoys’s liability to you exceed the amounts that you paid to Gingatoys in connection with your Gingatoys membership. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Gingatoys shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Gingatoys shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or PayPal charged. If your credit card or PayPal has already been charged for the purchase and your order is canceled, Gingatoys shall immediately issue a credit to your credit card or PayPal account in the amount of the charge.
Gingatoys has no liability for injury or damage caused by products within the crate. Such liability is the sole responsibility of the product brand or manufacturer.
These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by Gingatoys without notice at any time, for any reason. Gingatoys reserves the right to limit discount codes to one per customer at its sole discretion. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.
Taxes
Your total price will include the price of the product plus any applicable sales tax, which is the case for UK residents.
If the product is to be shipped outside of the UK, you’ll not be charged VAT because It will be considered an importation and you’ll be subjected to pay for import taxes in your country of destination.
International Use
We control and operate the Site from the United Kingdom. We make no representation that materials on the Site are appropriate or available for use outside the United Kingdom. If you choose to access this Site from outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All pricing is in Great Britain Pounds (GBP). Any subscriptions under an incorrect plan will be canceled and any applicable charges refunded without notice to the subscriber.
Notice
Gingatoys may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable methods.
Use of Site
The use of the Site for any illegal or unauthorized purpose is strictly prohibited.
Indemnification
You agree to indemnify, defend, and hold harmless Gingatoys, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Discount Codes
Except as may be explicitly permitted through this site, you agree not to sell, license, rent, lease, modify, distribute, copy, reproduce, publicly display, publish, transfer, edit, catalog, aggregate, or create derivative works from discount codes received on or from this site.
Privacy
Registration data and certain other information about you are subject to our Privacy Policy.
You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third-Party Links: In an attempt to provide increased value to our visitors, Gingatoys may link to sites operated by third parties. However, Gingatoys has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Gingatoys. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Gingatoys seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own site but for sites, it links to as well (including if a specific link does not work).
Miscellaneous: These Terms constitute the entire agreement between you and Gingatoys with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Gingatoys may assign its rights and duties under this Agreement to any party at any time without notice to you.
Privacy Policy
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Contact Us
If you have any questions about these Terms, please contact us.