PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
These are the terms and conditions which apply to your use of this website and our social media pages (together, the “Website”) and also to the purchase of products and services from us. By using our Website, you are deemed to have agreed to be bound by, and to comply with these terms of use (“Terms”).
Please do not use our website if you do not agree to these Terms. We reserve the right to modify these terms and conditions at any time. Any changes we do make to these Terms in the future will be posted to our website (at www.powerfulplay.co.uk).
The Website and the products and services displayed on it are provided by Powerful Play. As a family run business, there may be times during the year where we are closed - this will be communicated via the Website.
If you have any questions about our Terms or the Website, please email hello@powerfulplay.co.uk.
Ordering from the Website
In order to make purchases on the Website, you must be lawfully able to enter into and form contracts on the internet in accordance with the laws of England and Wales, and have a shipping address within the United Kingdom.
To make purchases on the Website, you will be required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and e-mail address and other requested information as indicated. You will also be required to provide payment details that you represent and warrant are both valid and correct. Products purchased by you must be for personal use or purchased as a gift and may not be re-sold or used for commercial purposes or for any other commercial benefit.
Once you place an order, you will receive an e-mail acknowledging the details of your order.
We may, in our discretion, refuse to accept an order from you for any reason, including, without limitation, if we are unable to obtain authorisation for payment, if shipping restrictions apply, if a particular product(s) you order are out of stock or you do not satisfy the eligibility criteria set out in these Terms.
If you discover that you have made a mistake with your order after you have submitted it to us, please contact us immediately by e-mail at hello@powerfulplay.co.uk.
Prices and delivery charges
Prices shown on the Website are in Pounds Sterling. The price you pay is the price displayed in respect of the relevant products on the Website at the time we receive your order plus the applicable delivery charges.
Delivery charges and prices are subject to change. If there is an error in the price of the products ordered you will be informed and given the option of either reconfirming your order at the correct price or cancelling it.
Payments
Payment is due at the time you place your order. We use third party payment providers for payments. We are not responsible for ensuring the confidentiality of your data once you leave the Website and we accept no liability for any loss and/or damage that you may suffer as a result of using any third party payment provider’s service (including, without limitation, as to the functionality of such payment provider's website or portal).
Payment for products can be made by all methods provided for on the Website from time to time.
Shipping
Our aim is to ship all purchased products within five business days of the date on which you place your order. We will endeavour to notify you if we anticipate that we will be unable to meet a confirmed shipping date, but in no event will we be responsible for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
We will only deliver orders if all of the products in an order are available. We are not required to deliver orders in instalments.
On delivery of an order, you agree to inspect the product(s) for the correct quantities and any obvious faults, defects or damage.
Subscription plans
The subscription plan consists of an initial charge followed by recurring period charges as agreed to by you. By subscribing to our services, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
Powerful Play may submit periodic charges (e.g. monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Powerful Play reasonably could act following such notice.
By subscribing to our services you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you. You can cancel your subscription at any time. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
Subscription cancellations
To cancel a subscription, you may either;
1) email hello@powerfulplay.co.uk notifying us that you wish to cancel your Subscription with Powerful Play. This must be done seven (7) days before the next month’s payment is taken. Customers cancelling after their payment has been taken will receive the following month’s play activities as their final month. If your payment has been cancelled less than seven (7) days before your next payment is due to be collected, this may result in you being invoiced for the following month’s subscription; or
2)if you subscribed using Paypal; cancel the subscription by logging into your Paypal account, navigating to the Powerful Play subscription and selecting the option to cancel future payments. We will be notified by Paypal that the subscription has been cancelled and you will receive no further subscription instalments.
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
The activities suggested are based on information or guidance correct at the time of writing (February 2021) and may be subject to change.
Returns
At Powerful Play we do our upmost to ensure you are happy with our service and the products you receive. If you do wish to place a return, please email hello@powerfulplay.co.uk within 14 days of your purchase. If 14 days have passed since your purchase, unfortunately we will not be able to give you a refund.
Non-returnable products: Powerful Play Subscription.
To be eligible for a return, the product purchased must be unused and in the same condition that it was received in, and you must be able to provide a receipt or proof of purchase.
There are certain situations where only partial refunds are given (if applicable), which include products with obvious signs of use, products not in their original condition, and products that are damaged or missing parts for reasons not due to our error.
You will be responsible for paying for the shipping costs when returning a product. Shipping costs are non-refundable
Refunds (if applicable)
Once your return is received by us, we will inspect it before sending you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If your refund is approved, it will then be processed, and a credit will be applied to the original payment method.
Late or missing refunds (if applicable)
If you haven’t received your refund yet, please double check your bank account. Please then contact your credit card company; at times it can take some time for refunds to be officially posted. If your refund fails to be posted, please contact your bank. If you have done all of these and the refund has yet to be received, please then of course contact us at hello@powerfulplay.co.uk.
Sale items (if applicable)
Only regular priced products may be refunded. No sale items can be refunded.
Exchanges (if applicable)
Products can only be replaced if they are delivered defective or damaged. If this is the case, please send us an email at hello@powerfulplay.co.uk.
We are committed to protecting and respecting your privacy. This section of the Terms sets out the basis on which Powerful Play will process any personal information collected by it, including any personal information we may collect about you as a visitor to the Website.
What information do we collect from you?
We may collect and process the following information about you:
- Information that you give us: This is information about you that you give to us by visiting our website www.powerfulplay.co.uk or corresponding with us by telephone, post, email or otherwise. It may include, for example, your name, address, email address, telephone number and payment information via third party payment providers.
- Information that our website and other systems collect about you: If you visit our website it will automatically collect some information about you and your visit, including the internet protocol (IP) address used to connect your device to the internet and some other information such as your browser type and version and the pages on our site that you visit. Our website may also download "cookies" to your device. If you exchange emails, telephone conversations or certain other electronic communications with us, our systems will record details of those conversations, sometimes including their content.
How will we use your information?
We may use your information for the following purposes:
- to process your account and any orders you make (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations);
- to operate, manage, develop and promote our business and, in particular, our relationship with you (including communicating with you);
- to operate, administer and improve our website and other aspects of the way in which we conduct our business;
- for assessment and analysis (e.g. market, customer and product analysis) to enable us to review, develop and improve the services which we offer and to enable us to provide you with relevant information through our marketing programme;
- to notify you of products or services that may be of interest to you by us unless you inform us that you do not wish to receive such information;
- to protect our business from fraud, money-laundering, breach of confidence, theft of proprietary materials and other financial or business crimes; and
- to comply with our legal and regulatory obligations and bring and defend legal claims.
We may from time to time review information about you held in our systems – including the contents of and other information related to your email and other communications with us – for compliance and business-protection purposes as described above. This may include reviews for the purposes of disclosure of information relevant to litigation and/or reviews of records relevant to regulatory or criminal investigations.
We will only process your personal information as necessary so that we can pursue the purposes described above, and then only where we have concluded that our processing does not prejudice you or your privacy in a way that would override our legitimate interest in pursuing those purposes. In exceptional circumstances we may also be required by law to disclose or otherwise process your personal information. We will tell you, when we ask you to provide information about yourself, if provision of the requested information is purely voluntary and there will be no implications if you decline to provide the information. Otherwise, you should assume that we need the information for our business or compliance purposes (as described above). If you are uncertain as to Powerful Play’s need for information that we request from you, please contact us with your query at hello@powerfulplay.co.uk.
Disclosure of your information
We may disclose personal information about you, where reasonably necessary for the various purposes set out above:
How long do we keep your personal information?
We have procedures to periodically delete the information that we hold about you when we no longer need it. Usually, this will be after your involvement with Powerful Play has come to an end and a reasonable period of time has passed. When you place an order through the Website, we will maintain your order information for our records unless and until you ask us to delete this information.
Copyright
The entire content of the Website and the products available on it are subject to copyright with all rights reserved. You may download or print out a hard copy of individual pages and/or sections of the Website provided you do not remove any copyright or other proprietary notices. Any downloading or other copying from the Website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose all or any part of the Website without our prior written permission. Any unauthorised reproduction or use of the Website or the information presented therein, may be the subject of prosecution, particularly for infringement of copyright. Any rights not expressly granted in these terms are reserved.
You may link to our home page, so long as it is legal and does not damage our reputation or take advantage of it. You must not establish a link that suggests any form of association, approval or endorsement on our part where none exists. We also reserve the right to withdraw linking permission without notice. If you do want to set up a link with our website please email hello@powerfulplay.co.uk.
Viruses and Website availability
We cannot guarantee that our Website will be free from bugs, viruses, infection, worms or other code which may have contaminating or destructive properties. You are fully responsible for ensuring protective steps are taken such as virus checking. You agree not to misuse our Website by knowingly introducing viruses or other material that is malicious or technologically harmful.
We cannot guarantee that our Website, or any content on it, will always be available; at times there may be technical or operational issues which may temporarily limit its availability. We will do our upmost to limit these and will try to give you notice of any such suspension.
Accuracy of content
While we use reasonable efforts to obtain information from sources which we believe to be reliable and to ensure that the information in the Website is up to date and accurate, we make no representation or warranty that the information or opinions contained in the Website is accurate, reliable, up to date or complete.
External sites
Where our Website contains links to other websites and resources provided by third parties, these links are provided for information only and you access them at your own risk. As such, we are not responsible for the content, products or services of those linked websites or resources, nor the data protection practices of or policies on such linked websites or resources.
No representation or warranty
No representation, warranty or guarantee of any kind, express or implied is given by Powerful Play or any of its employees or agents in respect of any information or opinions contained on the Website. Except as expressly set out in these Terms, all warranties, conditions and representations expressed or implied by statute, common law or otherwise (including, without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) are hereby excluded to the fullest extent permitted by law.
Exclusion of liability
To the fullest extent allowed by law, neither Powerful Play nor any of its employees or agents shall be liable for any direct or indirect losses (including, without limitation, any loss of profits, business or revenue or damage to goodwill), damages, injuries, costs or expenses incurred or suffered by you arising out of or in connection with the access to, use of or linking to other sites from the Website, any error in the provision of the Website, any inaccurate information published on the Website, your failure to comply with any laws or regulations that are applicable to you or your affiliates, your reliance on any information contained on the Website or in any email correspondence (including, for the avoidance of doubt, any suggested activities in the Powerful Play subscriptions, products or otherwise displayed on the Website or communicated by email). In no circumstance shall Powerful Play have any liability for consequential or special damages. Nothing in these terms and conditions shall limit our liability for death or personal injury resulting from any negligence of Powerful Play or its employees or agents. Any provision, which would be void under any consumer protection legislation or other legislation, shall, to that extent have no force or effect.
Our products are not toys and are for use by adults only and are not intended or produced for use by babies or children under the age of 16. When purchasing any products from Powerful Play, it is your responsibility to ensure that the products are not in any way used by a baby or child under the age of 16. By purchasing our products, you are accepting responsibility for the safe use of the products and that you are over the age of 16. Children and babies must be supervised at all times during activities recommended by Powerful Play.
No waiver and severability
No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same provision or other provision.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of Terms and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
Force majeure
We shall have no liability to you for any delay in performance to the extent that such delay is due to any event outside our reasonable control including but not limited to acts of God, pandemics, war, floods, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosions, governmental actions and any other similar events. If we are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
Governing law and jurisdiction
These Terms, and all matters connected with them, are governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.
Terms last updated: April 2021