We are working to keep our terms and conditions as short as possible, so we hope they aren’t too overwhelming!
These Terms and Conditions are dated 1 October 2008 and replace all previous terms and conditions.
The Supplier will provide the following services in the geographical postcode areas as specified on the Supplier’s website:
1. Rental of toys as specified in the online/other order form.
2. Cleaning and disinfecting of hired toys and checking their safety prior to delivery.
3. Allocation of toys and toy selections to users at the Supplier’s absolute discretion.
4. Delivery and collection services through the Supplier or an appointed third party intermediary.
1. Application of conditions
1.1 These Conditions shall:
(a) apply to and be incorporated into the Contract; and
(b) prevail over any inconsistent terms or conditions contained, or referred to, in the Customer’s purchase order, confirmation of order, acceptance of a quotation, or specification or other Document supplied by the Customer, or implied by law, trade custom, practice or course of dealing.
1.2 After placing an order, the Customer will receive an e-mail from the Supplier acknowledging that it has received your order. Please note that this does not mean that the order has been accepted. The Customer’s order constitutes an offer to us to hire a toy and to contract our services generally, specifically a subscription for a toy hire on a monthly basis which entitles the subscriber (the Customer) to a box of 4 or 6 or 8 or 10 toys. All orders are subject to acceptance by the Supplier, and the Supplier will confirm such acceptance to the Customer by sending it/him/her an e-mail that confirms that the toy has been hired (the Hire Confirmation). The contract between the parties (Contract) will only be formed when the Supplier sends the Customer the Hire Confirmation.
1.3 The toys Customers get will be predominantly selected by them via the Toys I’d Like list system, but if the toys selected are not in stock the Supplier reserves the right to supply whatever toys it deems fit. As a result of the operational practices described in this section, the Supplier may not always send you the top toy choices the Customer has selected to receive.
2. Commencement and duration
2.1 The Services supplied under the Contract shall be provided by the Supplier to the Customer from the date of acceptance by the Supplier of the Customer’s offer.
2.2 The Services supplied under the Contract shall continue to be supplied for a minimum period of three months and, after that, shall continue to be supplied unless the Contract is terminated by one of the parties giving to the other not less than five working days’ prior written notice, such notice to expire after that date.
3. Supplier’s obligations
3.1 The Supplier shall use reasonable endeavours to provide the Services and to deliver the toys to the Customer.
3.2 The Supplier shall use reasonable endeavours to provide packaging complies with law.
3.3 The Supplier shall use reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
3.4 The Supplier’s service is only intended for use by people resident in the postcode areas listed on the website, all of which are in the United Kingdom. The Supplier does not accept orders from individuals outside those areas for now though this may change in the future.
4. Customer’s obligations
4.1 By placing an order through in the Supplier’s site, the Customer warrants that it/he/she is:
(a) legally capable of entering into binding contracts;
(b) at least 18 years old and
(c) a resident in one of the postcode areas covered by the Supplier.
4.2 The Customer shall:
(a) examine the toy prior to use with reasonable care and skill to determine state of repair and fitness for purpose and report immediately to the Supplier any mechanical or other defect;
(b) ensure the toy is suitable for the age and skills of the dedicated user. In particular the Customer will supervise and monitor the use of the toy to avoid misuse and/or harm to the user. The Customer will take all reasonable care and skill to ensure others may not access and use the toys if they may be at risk of injury and/or harm;
(c) co-operate with the Supplier in all matters relating to the Services;
(d) keep, maintain and insure the Supplier’s toys in good condition;
(e) notify the Supplier within 24 hours if the toy supplied is not operational or is damaged in which case the Supplier shall consider replacing it with an alternative at no charge to the Customer;
(f) not encumber, lease, rent or subrent, loan or donate the toy;
(g) not damage, harm or otherwise destroy or devalue the toy. In particular, it is important Customers abide by the Supplier’s Toy Care Policy.
Treating our toys with care and keeping them in the best possible condition is an essential part of the MerryGoRound Toys service. We ask that you read our Toy Care policy carefully.
1. Unless a toy is a bath-time toy, MerryGoRound toys are not for use in water.
2. Unless a toy is a high-chair toy, please do not allow children to handle the toys with food.
3. Unless stated, MerryGoRound toys are not for use in mud, sand or dirt.
4. Customers are encouraged to keep toys clean by wiping any toys that are visibly dirty (eg. covered in food, dirt, etc.) before the toys are returned to MerryGoRound Toys.
Any toy that is returned heavily soiled ie. covered in food or corroded with sand or dirt may result in any additional cleaning fee of £2.50 per soiled toy. If the Supplier is unable to clean a toy returned by a Customer so that it can be rented out again, we will return the toy to the Customer and the Customer will be charged the retail or wholesale cost of the toy (as determined by MerryGoRound Toys) plus the cost of postage or delivery.
(h) not deny the ownership or title of the toy vesting in the Supplier nor do anything that would harm or prejudice the Supplier’s rights in its property;
(i) in the event of loss or theft of the toy provide a signed statement of the circumstances and a police report in the event of theft and notify the same to his insurers providing a copy of all communication to the Supplier. Please note if there are lost parts, the Supplier will give the Customer 30 days to locate them and return the complete toy. In the meantime, the Customer will only be loaned the balance of toys as per their subscription package.
(j) cooperate fully with the Supplier regarding the (pre-arranged) collection of the toy (failing which the Supplier reserves it right to charge a reasonable administration and failed delivery charge as specified in Schedule 3 of this agreement) and
(k) return the toy to the Supplier in the same state of cleanliness and condition as to that which it was delivered. (See Toy Care Policy above)
4.3 If the Supplier’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, the Supplier shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
5. Charges and payment
5.1 In consideration of the provision of the Services by the Supplier, the Customer shall pay the charges as set out on the Supplier’s website.
5.2 All charges quoted to the Customer shall be inclusive of VAT.
5.3 The parties agree that the Supplier may review and increase the charges. The Supplier will give the Customer written notice of any such increase one month before the proposed date of the increase. If such increase is not acceptable to the Customer, it may, within one month of such notice being received, terminate the Contract by giving one week’s written notice to the Supplier
5.4 The Customer shall pay each sum due to the Supplier, in full and in cleared funds, as required. The Supplier requires a minimum three-month commitment from each Customer upon registration. The Toybox Plan the Customer chooses will specify the commitment level. After the initial commitment period ends the Customer’s subscription will be automatically renewed every four weeks from the Customer’s start date. The Supplier will charge the subscription fee plus any additional fees or charges previously notified to the Payment Method the Customer provides during registration (or to a different Payment Method if the Customer changes its account information). The Customer’s membership will automatically renew for successive monthly subscriptions, without prior notice to the Customer, unless and until the Customer cancels its membership or the Supplier terminates it. The Customer must cancel its membership before it renews each month in order to avoid charging of the next month’s subscription fees to the Customer’s Payment Method. The Customer must inform the Supplier at least five working days before the next planned delivery in order to cancel the Customer’s subscription. If the Customer cancels its subscription after this time but before the next delivery takes place, the Customer’s subscription will be cancelled but they will be charged a £5 administrative fee.
5.5 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay the Supplier on the due date, the Supplier may suspend all Services until payment has been made in full.
5.6 Time for payment shall be of the essence of the Contract.
5.7 All sums payable to the Supplier under the Contract shall become due immediately on its termination, despite any other provision. This condition 5.7 is without prejudice to any right to claim for interest under the law, or any such right under the Contract.
5.8 The Supplier may, without prejudice to any other rights it may have, set off any liability of the Customer to the Supplier against any liability of the Supplier to the Customer.
5.9 The Customer may cancel a Contract at any time within seven working days, beginning on the day after he subscribed online and made his first payment. In this case, he will receive a full refund of the price paid in accordance with the Supplier’s refunds policy (set out below).
5.10 To cancel a Contract, the Customer must first inform the Supplier by telephone and then provide confirmation in writing as requested. The Customer must also return the toys(s) to the Supplier immediately, in the same condition in which the Customer received them, and at the Customer’s own cost and risk (unless it is agreed the Supplier will collect from the Customer). The Customer has a legal obligation to take reasonable care of the toys while they are in the Customer’s possession.
5.11 When the Customer wishes a refund of a hired toy:
(a) because the Customer has cancelled the Contract with the Supplier within the seven-day cooling-off period, the Supplier will process the refund due to the Customer as soon as possible and, in any case, within three weeks of the day the Supplier was given notice of the Customer’s cancellation. In this case, the Supplier will refund the price of the hired toys in full.
(b) for any other reason no refund of hire will be possible.
5.12 The Supplier will usually refund any money received from the Customer using the same method originally used by the Customer to pay for the Customer’s purchase.
6. Limitation of liability
6.1 This condition sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Customer in respect of:
(a) any breach of the Contract;
(b) any use made by the Customer of the Services, the toys or any part of them; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
6.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
6.3 Customers agree as parents or guardians in loco parentis to have concomitant duties of care and responsibilities in law to supervise their children’s use of the hired toys as well as those of third parties coming into contact with the toys.
6.4 Nothing in these Conditions limits or excludes the liability of the Supplier:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Supplier; or
(c) for any liability incurred by the Customer as a result of any breach by the Supplier of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.
6.5 Subject to condition 8.2 and condition 8.4
(a) the Supplier shall not be liable for:
(i) loss of profits; or
(ii) loss of opportunity; or
(iii) loss of enjoyment; or
(iv) loss of business; or
(v) depletion of goodwill and/or similar losses; or
(vi) loss of anticipated savings; or
(vii) loss of goods; or
(viii) loss of contract; or
(ix) loss of use; or
(x) loss of corruption of data or information; or
(xi) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
(b) the Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the price paid for the Services.
7. Termination
7.1 Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Contract without liability to the other on giving the other not less than one week’s written notice or immediately on giving notice to the other if:
(a) the other party fails to pay any amount due under the Contract on the due date for payment and remains in default not less than seven days after being notified in writing to make such payment; or
(b) the other party commits a breach of any of the terms of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
(c) the other party repeatedly breaches any of the terms of the Contract in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of the Contract.
7.2 On termination of the Contract for any reason:
(a) the Customer shall immediately pay to the Supplier all of the Customer’s outstanding balance;
(b) the Customer shall, within 48 hours, return all of the Supplier’s toys. The Customer will be liable for unreturned toys at the normal monthly rate but if more than one month overdue the Customer shall pay the cost of replacing the toy at market cost. Until they have been returned or repossessed, the Customer shall be solely responsible for their safe keeping; and
(c) the accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.
8. Force majeure
The Supplier shall have no liability to the Customer under the Contract if it is prevented from, or delayed in performing, its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport or courier network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
9. Variation
The Supplier may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services. If the Supplier requests a change to the scope of the Services for any other reason, the Customer shall not unreasonably withhold or delay consent to it.
10. Waiver
10.1 A waiver of any right under the Contract is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
10.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
11. Governing Law and Jurisdiction
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.