General Terms and Conditions of Bon Ton Toys USA LLC

Article 1.         

Definitions

BTT: Bon Ton Toys USA LLC, with corporate seat in the United States of America.

Terms and Conditions: these general terms and conditions.

Consumer: a natural person acting for purposes outside his trade, business, craft or profession.

Article 2.         

Applicability of these Terms and Conditions

2.1 These Terms and Conditions apply to all offers made by BTT and to all agreements concluded between BTT and the Consumer.

2.2 In the unforeseen event that any provision of these Terms and Conditions is void or voided, the remainder of the agreement will remain in force as far as possible and the provision in question will be replaced with a provision that most closely matches the intent of the original provision.

2.3 If, at any time, BTT does not require strict compliance with the agreement (including these Terms and Conditions), this does not mean that provisions thereof do not apply or that BTT loses the right to require strict compliance with the agreement in future cases.

2.4 These Terms are between BTT and the Consumer. Nobody else can enforce them and neither of us will need to ask anybody else to sign-off on ending or changing them.

2.5 The Consumer must make sure that they understand the Terms and Conditions before ordering any products. If the Consumer does not understand anything in these Terms and Conditions, they can contact BTT for help by using the contact information on the Website https://us.bontontoys.com/pages/contact. 

Article 3.         

The offer and the agreement

3.1 If an offer has a limited period of validity or is subject to certain conditions, this is explicitly stated in the offer.

3.2 The offer (as published on BTT’s website) contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the Consumer to properly assess the offer.

3.3 Any images used by BTT are a true representation of the products offered. BTT is not bound by any obvious mistakes or errors in the offer. The Consumer cannot derive any rights from an obvious mistake or error in the offer.

3.4 All prices are stated in dollars and are inclusive of value added tax (btw). All prices are exclusive of shipping costs (the shipping costs are specified in the offer). BTT reserves the right to change any price after the Consumer places an order. 

3.5 The agreement is formed when the Consumer accepts the offer and complies with the relevant conditions. The Consumer accepts the offer by placing an order with BTT. After placing an order, the Consumer automatically receives an order confirmation by email.

3.6 All orders for goods are accepted when the Consumer receives a confirmation email to this effect. The confirmation will include details of the Consumer’s order, including the chosen delivery address

3.7 The agreement is formed electronically and the price is paid electronically. BTT takes technical and organisational security measures for that purpose.

3.8 Where goods are discontinued or cannot for some reason be delivered BTT will contact the Consumer by e-mail or telephone to inform the Consumer of this. 

Article 4.

Promotions and Discounts

4.1 Promotion codes are valid for a limited time only, BTT reserves the right to modify them at any time. 

4.2 Promotion codes apply to qualifying items only. See the specific details of the promotion code for excluded products. 

4.3 Promotion codes are not valid on sale items or in combination with other offers.

4.4 The welcome promotion code is for first time purchases, no minimum purchase requirement and one use per customer.

4.5 Promotion codes cannot be applied to previously placed orders. 

4.6 Promotion codes do not apply to pre-orders, unless otherwise specified. 

4.7 Promotion codes do not apply to Gift Cards or Sale items, unless otherwise specified. 

4.8 Promotion codes are not transferable, may not be resold or redeemed for cash. 

4.9 Only one promotion code can be used at a time and cannot be combined with other offers using promotion codes.

4.10 Discounts will be retroactively considered on planned, advertised Sales (ie Mid-Year Sale and Black Friday Sales) only to purchases made within 24 hours of the sale. 

Article 5.         

Right of withdrawal

5.1 The Consumer has a cooling-off period of 30 days during which the Consumer has the right to cancel an agreement for the purchase of a product without reason. This cooling-off period commences the day after the Consumer or a third party designated in advance by the Consumer has received the product or, if the Consumer has ordered several products in one order, the day on which the Consumer or a third party designated in advance by the Consumer has received the last product.

5.2 During the cooling-off period the Consumer must handle the product and the packaging with care. The Consumer may unpack or use the product only to the extent that this is necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the Consumer may only handle and inspect the product as he would be allowed to do in a shop. BTT may make deductions from the Consumer’s refund to reflect any reduction in the value of the product if the reduction is the result of unnecessary handling by the Consumer. The Consumer is only liable for any diminished value of the product resulting from the handling of the product in a way other than what is allowed. 

5.3 If the Consumer wishes to exercise his right of withdrawal, he must use the model withdrawal form or notify BTT accordingly in another unambiguous way, within the cooling-off period. The Consumer must return the product as soon as possible, but within 30 days of the day following this notification. Please see https://www.us.bontontoys.com/pages/shipping-returns for the return process. The Consumer must return the product with all accessories delivered, in original condition and packaging if reasonably possible, and in accordance with BTT’s reasonable and clear instructions. The risk and burden of proof with respect to the correct and timely exercise of the right of withdrawal rests with the Consumer. The direct costs of returning the product are borne by the Consumer. 

5.4 If the Consumer exercises his right of withdrawal, the agreement and any ancillary agreement are cancelled by operation of law.

5.5 If the Consumer exercises his right of withdrawal, BTT will refund the Consumer all payments made by him, including any delivery costs invoiced by BTT for the product returned, no later than 30 days after the day on which the Consumer has notified BTT of the withdrawal. BTT may withhold the refund until it has received the returned product or until the Consumer provides evidence of having returned the product, whichever is the earliest.

5.6 BTT makes the refund using the same means of payment that the Consumer used for the initial purchase, unless the Consumer agrees to a different method. The Consumer will not incur any fees as a result of the refund. If the delivery method chosen by the Consumer is more expensive than the cheapest standard delivery method, the delivery charge paid by the Consumer is non-refundable by BTT to the extent that it exceeds the standard delivery charge.

Article 6.         

Delivery and performance

6.1 BTT will accept and process orders for products with the utmost of care. The address notified by the Consumer to BTT is deemed to be the delivery address.

6.2 The offer will state the estimated delivery time. Delivery times are indicative and not guaranteed. The Consumer will be notified of any material delivery delays or if an order cannot be filled or can be filled only partially. In that case the Consumer has the right to cancel the agreement at no cost. After cancellation of the agreement BTT will refund the amount paid by the Consumer.

6.3 BTT will arrange delivery of products using their chosen delivery partner. The product prices shown on the website do not include delivery charges but the Consumer will be able to see what delivery charges apply during the check-out process before the Consumer submits their order.

6.4 The risk of damage to and/or loss of products rests with BTT until the product has been delivered to the Consumer or a third party designated in advance by the Consumer.

Article 7.         

Quality and warranty

7.1 BTT warrants that the quantity, quality and external features of the products delivered match the specifications mentioned on its website.

7.2 If the products delivered by BTT are defective due to faulty materials or workmanship, BTT will, at its discretion and depending on the circumstances, repair (or have repaired) the products in question or replace them or credit the Consumer for the amount in question.

7.3 Products or parts replaced because of defects as a result of faulty materials or workmanship become the property of BTT again.

Article 8.         

Payment

8.1 The Consumer must pay the price electronically immediately after placing the order. All payments must be in US Dollars. 

8.2 BTT only accepts payment via the accepted payment methods

8.3 If the Consumer fails to meet his payment obligations or other obligations to BTT, BTT has the right to suspend the performance of an agreement concluded with the Consumer (including the delivery of products).

Article 9.         

Liability and loss or damage

9.1 BTT is not liable for any indirect and/or consequential loss or damage. BTT is liable for direct loss or damage only up to a maximum of 100% of the gross invoice value of the products delivered in connection with which the loss or damage has arisen.

9.2 Nothing in these Terms is intended to exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by BTT’s negligence or the negligence of BTT’s employees, agents or subcontractors, or for fraud or fraudulent misrepresentations.

9.3 The Consumer can only purchase BTT’s products under these Terms and Conditions if the Consumer is not a business.

9.4 BTT will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable for any loss, costs or expenses arising directly or indirectly from any delays in doing so. 

Article 10.         

Intellectual property rights

11.1 Copyrights, design rights and all other intellectual property rights embodied in the products or parts of products delivered by BTT to the Consumer and designed by or on the instructions of BTT, are the property of BTT and are not transferred to the Consumer in any way.

11.2 All designs, text, graphics and other contents or arrangements of this Website in whatever format belong to BTT or its licensors. All rights are reserved. The Trademarks and logos displayed on the Website are the registered and unregistered Trademarks of BTT and its licensors. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without written permission from BTT or such third party that may own the trademarks displayed on the Website. By using the Website the Consumer agrees to respect the intellectual property rights of BTT and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website. The Consumer may, however, download material that is required for the sole purpose of assisting the Consumer in placing an order. Such downloaded material may not be used for any purpose other than to assist the Consumer in placing an order. The Consumer may not create any links to our Website from another Website without our written consent.

Article 12.       

Complaints

Complaints about the performance of the agreement must be described fully and clearly and submitted to BTT in a timely manner after the Consumer has discovered the defects. BTT will respond to a complaint within 30 days of the date of receipt thereof. If the time for processing a complaint is expected to be longer, BTT will respond within the 30-day period by acknowledging receipt of the complaint and providing an indication of when the Consumer may expect a more detailed response. The Consumer must in any case give BTT 4 weeks to resolve the complaint in consultation with the Consumer. Please see https://www.us.bontontoys.com/pages/shipping-returns for the contact details.

Article 13.       

Governing law

13.1 These Terms and Conditions, as well as all rights, obligations, quotes, orders and agreements to which these Terms and Conditions apply, are governed exclusively by the laws of the United States of America.

13.2 BTT retains the right to bring proceedings against the Consumer for breach of these Terms and Conditions, in their country of residence or any other appropriate country or jurisdiction.

Article 14.       

Filing

These Terms and Conditions have been filed with the Chamber of Commerce of the United States of America.