These terms and conditions of sale ("Terms") will apply when you place orders to purchase any of the products on the eBay site (“Site”) from The Disney Store Limited. Any reference to "you" or "your", means you as user of the Site, any reference to "we", "us" or "our" is to The Disney Store Limited. These Terms form the contract between you and us regarding your order and are supplemental to any terms and conditions published by eBay on the Site.
General Information
Sales from this Site are made by are The Disney Store Limited. Our registered number is 02523767 and our registered office is at 3 Queen Caroline Street, London W6 9PE, United Kingdom. Our VAT number is 576962483.
1. Placing your Order
When you place an order on the Site, you will receive an email confirming receipt of your order. We recommend you print and save a copy of this confirmation email, together with a copy of these Terms for your records. Your order represents an offer by you to us to purchase the relevant products from us. Your order is accepted by us when the products ordered by you have been dispatched, unless we have notified you that we do not accept your order, or you have cancelled it prior to dispatch, in accordance with clause 10 (Cancelling or Returning Your Order). If we are unable to fulfil your order for any reason, we will inform you by email, your order will be cancelled and we will either not take payment from you or refund your order. If we have already taken payment, we will fully refund you the cost of the products and any delivery charges by crediting your original method of payment.
Please note, where products are available in limited quantities only, we may restrict the number of products that may be ordered by the same person or the same household. Such restrictions will be specified in the product description on the Site.
2. Processing and Delivery of your Order
We reserve the right, at any time prior to dispatching your order and our communicating our acceptance to you, to refuse any order or any part of an order, or to require further or better information to enable us to evaluate and/or process the order.
Please note that we are unfortunately unable to deliver to mail forwarding companies.
Although we will use all reasonable endeavours to process and deliver your order, we may subsequently be unable to ship the products of your order, or may decide on reasonable grounds not to do so, such as if there are safety concerns or fairness between customers where supplies are limited. Where this is the case, we will inform you and either not take payment or, where we have already done so, offer you a full refund to your original method of payment.
Beyond providing you a full refund, we accept no liability for any failure to ship products where this results from our inability to do so or our decision on reasonable grounds not to do so. This does not affect your statutory rights as a consumer.
In order to avoid disappointment, we strongly recommend that you order in good time to allow for processing and delivery of your order. We will do our best to deliver to you your order as quickly as possible, and in any event within 30 days of accepting your order.
Please note that all delivery times given are estimates only. When we provide you with an estimated delivery date, if we become aware that we cannot deliver your order to you by then, we will contact you to advise you of the alternative date. If we are then still unable to fulfil your order, we will inform you by email and your order will be cancelled. The risk in any products you purchase and the responsibility to insure them will pass to you when the products are delivered to you.
If you supply us with your mobile phone number, you agree that we may provide your phone number to a third party service provider who we appoint for the delivery of your order.
3. Cancelling or Returning your Order
In addition to your legal rights notified on the Site, we are pleased to offer you the right to return products beyond 14 days of receiving the product, up to 30 days, subject to the following conditions. For such returns, we will not refund the original delivery costs, and you will be responsible for the return delivery costs. You must pack up the product(s) securely, including the delivery note with the returns information completed and using the returns label where available. In order to ensure the safe return of any products we recommend that you obtain proof of postage from the post office or delivery service you use and retain this proof of postage until you receive your refund. Refunds are made using the original payment method.
We regret that we cannot accept returns of certain products, including: products that are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery; sealed audio or video recordings or sealed software if unsealed by you after delivery; products that have been personalised or made to your specifications; tickets for Disney theme parks, film screenings or other live events booked for a specific date or within a particular period; or gift cards purchased online on the Site. Where a product is not returnable, we endeavour to specify this in the product description.
We reserve the right to refuse to refund or exchange products returned to us that are not in a resalable condition.
You may return to us any product (including products otherwise excluded from the cancellation/return rights above) that is damaged, defective or we have delivered a product to you in error. Once we have confirmed that a product is damaged or defective, or was delivered in error, we will refund you the price paid for the product, plus your original delivery costs (except where you are returning only some products from an order) and the cost of returning the product to us. Refunds will be made via the original payment method.
4. Customs
When ordering products from us for delivery to any address outside the European Union, you may have to pay import duties and taxes, which are levied once the package reaches the specified destination. These and any other additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you must comply with all laws and regulations of the country in which you are receiving the products. Please note that cross-border deliveries are subject to opening and inspection by customs authorities. All our prices include VAT, if applicable.
5. Disclaimer
We try our best to ensure that the product prices stated on our Site are accurate but errors can occur and sometimes we discover that the price displayed for a product is incorrect. If we discover that we have made a mistake with the price of a product on the Site, we will inform you as soon as possible of our error and we will not be liable to supply you with that product at the incorrectly displayed price. We will notify you of the correct price of the product and will give you the option to purchase the product at the correct price or to cancel your order. If we are unable to contact you to advise you of the pricing error we will cancel your order. In the event that you choose to cancel your order but we have already taken payment, we will provide you with a full refund to your original method of payment.
6. Legal and Commercial Warranties
We remind you that the applicable law requires that products conform to any description applied to them on the Site, are of satisfactory quality and fit for the purpose made known to us by you at the time of purchase. Nothing in these Terms should be taken as excluding or restricting these warranties or any other rights which the applicable law (including, for the avoidance, the Australian Consumer Law insofar as it applies to customer's based in Australia and the New Zealand Consumer Guarantees Act 1993, insofar as it applies to customers based in New Zealand) grants explicitly or implicitly to consumers in respect of such products.
Where products are sold with additional guarantees or warranties provided by the manufacturer, we will advise you of this in the product descriptions on the Site. Please contact our Guest Service Centre for more information, including for details of manufacturers’ after-sales service.
7. Our Liability
We do not limit in any way our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or concealment.
We accept liability for damage to property where and to the extent the damage arises from our negligence, or of our servants or agents, up to a limit, in relation to any one event or series of events arising from the common cause, of (i) where the event is or relates to the purchase of any product, twenty (20) times the price paid for that product, or (ii) in any other case, two thousand pounds (£2,000).
If we breach these Terms we accept liability to you for any losses which are direct and reasonably foreseeable consequence of that breach, up to a limit, in relation to any one event or series of events arising from a common cause of two thousand pounds (£2,000).
We do not accept liability for any pure economic loss (e.g. lost wages) and any loss which is not a direct and reasonable foreseeable consequence of the relevant breach of these Terms or which is consequential, howsoever arising and even if we have previously been advised of the possibility of such loss.
8. Events beyond our reasonable control
Without prejudice to your statutory rights as a consumer, we will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
9. Waiver
If you breach these Terms and we take no action against you, we will not be considered to have given up our rights in respect of your breach. We reserve our rights and remedies in any situation where you breach these Terms.
10. Entire Agreement
These Terms shall replace any prior agreements or arrangements which may have existed between us, provided that the information you have given to us is not incorrect or fraudulent.
11. Severability
If any of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
12. Privacy
Any personal data you supply us solely for the purpose of fulfilling your order is controlled by The Disney Store Limited. This data is also subject to our Privacy Policy. For the purposes of the General Data Protection Regulation (EU/2016/679), The Disney Store Limited has appointed as its EU representative Disney Trading BV, which can be contacted at dataprotection@disney.co.uk.
13. Electrical Equipment Recycling
We are a member of the distributor "Take Back" scheme operated by Valpack. Please help us to minimise the effect we have on the environment by recycling your waste electrical goods.
To find your nearest recycling points and helpful recycling tips for electrical goods, visit www.recycle-more.co.uk.
14. Governing Law
These Terms, and any other contract made between us in the manner described above shall be subject to and interpreted and enforced in accordance with English law and in respect of any actions or claims under these Terms you and we agree to submit to the non-exclusive jurisdiction of the English courts.
You can find out about the European Commission’s Online Dispute Resolution (ODR) platform here: http://ec.europa.eu/consumers/odr. At present, we do not use alternative dispute resolution (ADR), including through the ODR platform as a means of settling consumer complaints. If you have a complaint please contact us directly at guestservice@disneystore.co.uk
