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 Kemp House, 152-160 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 Mini, Yoto Cards, accessories and Make Your Own Cards (Products).
- When you purchase from Yoto Limited, the legal contract is between you and us.
When is my contract for sale 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 may be 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?
- 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 goods; or
- at any time during the 14 calendar days from the day after the date the Products were 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 you cancel (for a standard/non-bespoke or unaltered item) 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 received.
- You’ll usually receive your refund within 14 days of the returned Product being received back from you, or within 14 days of your cancellation notice if the Products haven’t been dispatched yet.
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 one year after delivery of the Product: If a Product/service you have ordered from Yoto develops a minor fault after 60 days of delivery, but less than one year after delivery, you will be offered a like-for-like replacement. If the 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.
If a Product/service you have ordered from Yoto develops a major fault you have the choice of a refund or replacement. Further if a fault arises more than one year after delivery of the Product, then you may still be entitled to a repair, refund or replacement.
- 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 your cancellation.
- 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. 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.
Are there any limits to how I can use the Products?
- When we say "Intellectual Property Rights", we mean 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, copy or resell any Products;
- create additional translations of any Products;
- create any other derivative work from the Products;
- use any part of the Products for commercial purposes, including promotional use;
- delete or augment the Products;
- rent, loan, lease, sublicense or transfer the Products to third parties; or
- upload, post, reproduce or distribute Products in any way.
Legal Stuff
- Statutory rights. You will always have statutory rights in relation to Products that are faulty, damaged or not as described. Your statutory rights are not affected 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.
- 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 our negligence, fraud, or breach of your consumer rights.
- 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 site in a business capacity in breach of these terms, then 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 goods. You must not provide us with any data or content that is harmful, derogatory, defamatory, pornographic or otherwise unlawful. We may cancel any orders which do not meet these requirements and will not be responsible to you if we do. 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. 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.
These terms were last updated on 25 November 2021.
