Purchase Terms

The terms on this webpage set out the legal contract that applies when you, as a private individual,purchase Products from www.yotoplay.com (the Website).

We’ve worked hard to make these terms easy to understand and avoid legal jargon. Please read them carefully because they are legally binding.

Who is Yoto?

Yoto Limited is a company incorporated and registered in England and Wales with company number 09542062 whose registered office is at 124 City Road, London, England, EC1V 2NX.

How can I contact Yoto?

You can find out more information about how to contact us by clicking here.

When I buy from the Yoto website, who is my contract with?

On our website, you can buy items such as the Yoto Player, Yoto Cards, accessories and Make Your Own Cards (Products).

When you purchase from Yoto Limited, the legal contract is between you and us. Sometimes we offer promotions or discount codes for use to make purchases on our website. Please see our Promotions page for the applicable terms each time. Note we reserve the right to update those terms and/or disable discount codes at any time (without notice).

When is my contract formed?

Your contract with us is formed when payment is taken from your account by us, and not at the time you place your order. We’ve explained in the next few sections the process that takes place when assessing your order, and before the contract is formed between you and us.

We really do try to make sure all images and details of the items, including their availability, appearing on the Website are accurate at the time you place your order. We don’t always get it right though, and this sometimes means your order cannot be accepted. If your order cannot be accepted for any reason, we will let you know why by email as soon as reasonably practicable, and you will be refunded.

When will my chosen payment method get charged?

When your order is accepted by us, your chosen payment method will be charged.

If you order Products from Yoto for delivery to other countries, your order maybe subject to import duties and taxes. Neither we nor the seller has any control over these charges, and the delivery company will usually leave you instructions on how to pay these charges.By placing an order with us, you accept all responsibility for payment of any applicable import duties and/or taxes.

I’ve changed my mind. When and how can I cancel my order/return my order?

If you’ve changed your mind you can cancel and (where appropriate) return your order:

• at any time before we take payment from your account for the Products; or
• at any time during the 60 days from the day after the date the Productswere delivered. If your order was delivered in multiple batches, then this timeframe starts on the day after the last item in your order was delivered to you.

You will not be able to cancel your order if your item is bespoke or has been altered by you in any way.

If during the 60-day return period, you cancel because you’ve changed your mind, you will receive a refund of the price paid for the Products plus any applicable standard delivery charges (but not any enhanced or premium delivery charges). Please make sure you return the Product unused, in the same condition you received it, as well as all the packaging and included accessories, but nothing else!

Your refund can be reduced if you’ve changed your mind and can’t manage to meet the return requirements above, or if you have used the item more than you would be able to in a shop when deciding whether to buy it and it is no longer in a resaleable condition.

Please see our Contact Us page for our contact details to cancel your order. If applicable, we will also then provide you with instructions on how to return the Product. Your order will be cancelled at the time your cancellation request is accepted by us.

You’ll usually receive your refund within 14 days of the returned Product being received back from you and accepted by us, or within 14 days of your cancellation notice if the Products haven’t been dispatched yet.

I’ve bought a Yoto Gift Voucher, what are my rights?

The value of your Gift Voucher can be redeemed for purchases online at www.au.yotoplay.com using the digital pin code provided to the email address with which you purchased the Voucher. **Please note that Gift Certificates cannot currently be applied to subscriptions. **

The Gift Voucher balance cannot be exchanged for cash or redeemed against the purchase of another card.

The maximum amount that an individual Gift Voucher can hold is £100. You can check the balance of your Gift Voucher via the link included in your purchase email.

Gift Vouchers can be used during promotional periods and with Yoto Tokens or Yoto Club discounts.

Your Gift Voucher is valid for a period of 5 years from the date of Gift Voucher purchase. We have no obligation to remind or inform you of a Gift Voucher’s expiry and it is your sole responsibility to ensure that any balance is used in full prior to expiry.

A Gift Voucher expires automatically once its balance is zero.

Gift Vouchers may be used to pay for the whole or any part of an online order, including postage.

Any goods paid for using a Gift Voucher that are subsequently returned for a refund will be credited to the original Gift Voucher. For returns where part payment was taken from a Gift Voucher, the refund will be credited to your Gift Voucher in the first instance.

If a partial refund is made for any purchase using a Gift Voucher and another method of payment, then any refund amount owing will be credited to the Gift Voucher in the first instance.

If the total to be refunded is more than originally paid by Gift Voucher, then any remaining refund balance will be refunded to the other method of payment used by you (i.e. debit/credit card or cash).

What to do if your order is faulty?

Within 60 days of delivery of the Product: If a Product/service you have ordered from Yoto develops a fault of any kind, is incorrectly described or not of satisfactory quality, you have a right to a refund. You can also request an exchange. You need to tell us about any problems like this within sixty (60) days from the day after the date of the delivery of that Product/service to you. Once the Product has been returned, it will be checked and, provided we agree that it is faulty, you will be refunded the price of the faulty Product/service along with the delivery charges you paid.

Between 60 days and two years after delivery of the product: If a Product/service you have ordered from Yoto develops a fault after 60 days of delivery, but less than two years after delivery, you will be offered a repair or replacement in line with our Product Guarantee. If the repair or replacement provided has not resolved the problem, you can require a partial refund of the price you paid for the product, or reject the product and seek a refund.

How to return a faulty Product: You can return your order by contacting us using the details here. We will then provide you with instructions on how to return the Product. You’ll need to return the Products using the instructions provided within 14 calendar days of our acceptance of your notification of cancellation of your order or of the Product being faulty.

What can’t you return? Products with problems caused by accident, neglect, misuse or normal wear and tear can’t be returned and won’t be covered by our warranty. Also, if you return something which isn’t actually faulty, the Product may be returned to you at your expense or, if you fail to pay the return costs, will be disposed of. Subject to any consumer guarantees you have under any applicable law, you will not be able to return any non-faulty item that is bespoke, perishable, personalised, or cannot be returned for hygiene reasons.

Personalised items. We are not responsible in the event the personalisation requests you submit to us include spelling errors, typos or any other kind of mistake. We will personalise items in accordance with the exact instructions you give to us. You will not be entitled to any refunds, returns or exchanges, unless the personalisation fault has been made by us.

Delivery. Please note all delivery times given to you are estimates only and we do not guarantee that your goods will be delivered in any particular time period. We will not be responsible in the event you pay for faster delivery and this is not fulfilled by our delivery partners.

If you are in Australia, nothing in the above provisions limits, modifies, or excludes any consumer guarantee under the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

If the consumer guarantees under the Australian Consumer Law applies to the provision of any goods or services by us to you, then we provide the following notice to the extent required by the Australian Consumer Law:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Are there any limits to how I can use the Products?

When we say "Intellectual Property Rights", this includes any patents, copyrights, moral rights, trademarks, business names, domain names, designs, software rights, or confidential information that we hold and / or which are licensed to us. We also mean any other intellectual property rights (registered or not registered) that we hold now or will hold in the future.

We own or otherwise have rights to all Intellectual Property Rights to our Products, and these Terms don't give you any of these rights.

You agree not to:

• modify, alter, reproduce or copy any Intellectual Property in our Products;
  • resell any Products for any commercial purpose (except if separately agreed with us in writing);
  • create additional translations of any Intellectual Property in our Products;
  • create any other derivative work from the Products in breach of Intellectual Property Rights;
  • use any part of the Products for commercial purposes, including promotional use (except if you are a consumer within the meaning of the Australian Consumer Law and that law permits you to do so);
  • reproduce, delete or augment the Products in breach of our Intellectual Property Rights;
  • rent, loan, lease, sublicense or transfer any Intellectual Property Rights in theProducts to third parties; or
  • commercially distribute Products in any way (except if separately agreed with us in writing).

Legal Stuff

Statutory rights. You will always have statutory rights in relation to Products/services that are faulty, damaged or not as described.Your statutory rights are not affected, modified, or excluded by these Terms.

What happens if these Terms are breached? If these Terms are breached, we are responsible for:

• the proportion of the foreseeable loss or damage you suffered to the extent caused by us; or
• failing to use reasonable care and skill.

Neither we nor any seller is responsible for any loss or damage that is not “foreseeable”. By “foreseeable”, we mean either it is obvious that it will happen or if, at the time the contract was made, we both knew it might happen.

Our Products and services come with guarantees that cannot be excluded under the Australian Consumer Law. To the extent that the Australian Consumer Law permits us to limit our liability, then our liability to you is limited to:

• in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
• in the case of Products, the cost of replacing the goods, supplying equivalent goods, or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods, or having the goods repaired,

Except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out above.

Subject to the provisions of the Australian Consumer Law, our total aggregate liability under or in any way connected with these Terms or otherwise in connection with or in any way relating to our Products/services, is otherwise limited to the total amount you have paid to us for our Products/services that are the subject of the relevant claim.

We don’t exclude or limit our liability to you to the extent it would be unlawful to do so. This includes liability for death or personal injury caused by faulty products, our negligence, fraud, or breach of your consumer rights in circumstances where we are unable to limit our liability under any applicable law.

Products are for domestic and private use only. We will not have any responsibility to compensate you for any loss of profit, loss of business, loss of earnings, business interruption, or loss of business opportunity. If you use our Website in a business capacity in breach of these terms, then to the extent permitted by law we will not have any responsibility to you. However, where you purchase our Products in Australia, this provision does not limit, modify or exclude any right you may have as a consumer within the meaning of the Australian Consumer Law.

Commercial Sales - If you wish to commercially sell our products please get in touch at retail@yotoplay.com to apply for a B2B account, where separate business terms and conditions apply. If you attempt to purchase from this website in a business capacity including but not limited to purchase with the intention of commercial sale of our products this is a breach of these terms. This means that your order will not be accepted and completed, and you will be refunded. Further and to the extent permitted by law we will not have any responsibility to you.

Where you provide us with data. We will only hold data you provide to us for the purposes it was given to us in the first place, for example, this may be for the personalisation of Products. You must not provide us with any data or content that is harmful, derogatory, defamatory, pornographic or otherwise unlawful or objectionable. We may refuse or cancel any orders which do not meet these requirements and will not be responsible for any loss suffered by you if we do (but we will refund any payment we have received from you). To learn more about how we'll use your personal information, please read our Privacy Policy.

What laws apply to these Terms? These Terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts. If you live in Australia you can bring legal proceedings in the courts of Victoria, Australia.

Changes to these Terms. As Yoto grows and improves, we might have to make changes to these Terms. We will do this by uploading the latest version with a date confirming when they went live. However, if you have placed an order with us, your order will be governed by the Terms which are in effect at the time you place the order. This means that the new Terms will not affect any orders placed prior to the time of go-live of any new Terms, but will apply to future orders placed after the time of such new Terms.By placing an order with us, you agree to be bound by these Terms (as amended from time to time)

These terms were last updated on 27th September 2024.