Last updated: (December 2022)
Please read these terms and conditions carefully before using the online store and services offered by Micro Machines® Toys, Cars, Star Wars, Playset (“Micro Machines,” “we,” “us,” or “our“) at themicromachines.co.uk (the “Site“).
By accessing or using our Site and/or purchasing or using any of our products sold on the Site (collectively, “Products“), you agree to be bound by these Terms of Use and all terms, policies and guidelines incorporated by reference (collectively, these “Terms“).
If you do not agree to these Terms, do not use this Site or buy Products from us.
1. Site Access
1.1 You must be at least 18 years old or have permission from a parent or guardian to use this Site. By using the Site, you affirm you are at least 18 or have this permission.
1.2 We grant you a limited, non-exclusive, non-transferable, and revocable permission to access and use the Site solely in accordance with these Terms.
1.3 We may suspend, terminate, or restrict your access to all or any part of the Site with or without notice for any reason, including your violation of these Terms.
1.4 You agree to not access areas of the Site that are not intended for you. You further agree not to override any security feature or bypass or circumvent any access controls or use limits.
2. Intellectual Property Rights
2.1 The Site and all text, graphics, functionality, content, software, code, designs, audio, video, images, photographs, and other materials on the Site (collectively “Content”) are owned by us and are protected by copyright, trademark, patent, and other laws.
2.2 You agree not to copy, reproduce, republish, frame, download, transmit, broadcast, display, sell, license, modify, alter, reverse engineer or create derivative works from the Content without our express written permission. You must retain and reproduce each copyright notice or other proprietary rights notice contained in any Content.
2.3 Any use of the Content not expressly permitted by these Terms is prohibited. You do not acquire any ownership rights in or to the Content through unauthorized use.
3. User Content
3.1 The Site may allow you to upload or post text, graphics, videos, or other content (“User Content”). User Content is publicly viewable. You retain full ownership of your User Content.
3.2 You agree not to post any User Content that is illegal, fraudulent, defamatory, obscene, harassing, threatening, invasive of privacy or publicity rights, violates intellectual property rights, promotes violence or discrimination, contains viruses, violates any party’s legal rights, or is otherwise objectionable.
3.3 You grant us a perpetual, worldwide, royalty-free license to use, copy, modify, distribute, publish, and process your User Content however we see fit, without any further consent from you. This allows us to operate and promote our business.
3.4 We reserve the right to remove or disable any User Content at any time for any reason. We are not responsible for any User Content. We make no guarantees regarding accuracy, integrity, quality or legality of User Content.
4. User Rules
4.1 You agree and represent that you will:
- Comply with all laws, rules and regulations regarding your use of the Site.
- Provide accurate and truthful information in any information submission form on the Site.
- Use your real name and valid payment information in all purchase transactions.
- Review and comply with posted guidelines regarding use of interactive features if you post on community forums, chat rooms, or similar interactive services we may provide.
- Not attempt to damage, disable, overburden or impair the Site through any means.
- Not violate the security of the Site in any way.
4.2 You further agree not to do any of the following when using the Site:
- Post illegal, offensive or obscene material or engage in illegal, threatening, harassing, defamatory, or tortious conduct;
- Intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other malicious code;
- Modify or adapt the Site’s software;
- Remove or modify Site copyrights, trademarks or other intellectual property;
- “Frame” our Site or alter its appearance to disguise its source (without written authorization);
- Attempt to probe, scan or test Site vulnerabilities or breach security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent security or access control mechanisms of the Site;
- Take any automated measures to extract data from the Site through scraping, crawling, or any other means;
- Use any meta tags, pay-per-click ads or other hidden text that use our trademarks;
- Misrepresent your identity or impersonate others when using the Site;
- Harvest or collect personal data about other users or engage in illegal advertising activities.
4.3 Any violation of these rules may result in termination of your access to the Site without notice. You agree we are not liable for any loss or damage resulting from any action under these rules.
5. Purchasing Products
5.1 We make reasonable efforts to accurately describe and display Products offered for sale on the Site. However, we do not guarantee that descriptions are accurate, error-free, complete, reliable, current, or free of other issues.
5.2 Product images are for illustrative purposes only and may differ from actual products due to variations in monitor displays, photography lighting or other reasonable factors.
5.3 Prices and availability are subject to change without notice.
5.4 Certain weights, measures and product descriptions are provided by the manufacturer or third parties. We are not responsible for any errors or inconsistencies in that third-party information.
5.5 By placing an order for Products through the Site, you agree to pay all prices quoted as well as taxes, shipping costs, and other fees associated with your order. We reserve the right to change prices at any time.
5.6 We make efforts to accurately display colors of Products shown on the Site. However, the actual colors you see depend on your monitor and we cannot guarantee your monitor’s display matches the colors of Products.
5.7 We reserve the right, in our sole discretion, to limit or set purchase quantities, refuse or cancel any order, or discontinue products for any reason. We reserve the right to refuse or terminate your access to the Site for any reason at any time in our sole discretion.
5.8 No contract is formed between you and us regarding Products until we accept and ship your order.
5.9 By submitting your payment information to complete a purchase, you authorize your credit card company to charge your account all sums outlined in that order and confirm that you are authorized to use that payment method.
5.10 You agree to provide current, complete, and accurate purchase information for all orders placed via the Site and promptly update your account with any changes.
5.11 We reserve the right to cancel your order after receiving it. Reasons for cancellation may include unavailable inventory, pricing errors, or problems identified by our credit or fraud departments.
5.12 A restocking fee may apply to returned items. See Returns and Refunds section below for full details on our policies.
5.13 Orders must be received and accepted by 2:00 PM U.K. time for same-day processing and shipping. Orders received after that time may be processed the next business day.
6. Shipping and Delivery
6.1 We process orders as quickly as possible based on inventory availability. We cannot guarantee availability or a specific ship date for any products.
6.2 Shipping and delivery dates on the Site are estimates only. We are not responsible for shipping delays and cannot guarantee estimated delivery dates.
6.3 All orders are shipped Ex Works our warehouse (Incoterms 2010). Title transfers upon our delivery of purchased Products to the carrier. You own the Products once they’re shipped.
6.4 For international shipments, you are the Product importer responsible for compliance with import laws. We are not responsible for any customs delays, duties, taxes, fees, or other issues arising from international shipping.
6.5 You must inspect Products promptly upon receipt and report any damage or errors immediately. Failure to provide timely inspection or notice waives your right to dispute items.
6.6 We may ship Products in multiple parcels that arrive on different dates under one order. We are not responsible for any additional shipping fees if an order is split.
6.7 Shipping and delivery dates provided before you place an order are estimates only. We will send order and shipping confirmations with status updates.
6.8 We pack Products to protect them, but are not liable for damage or loss during transit. You are responsible to pursue any recourse against the carrier.
6.9 You authorize the shipment of Products to the address provided without signature required. We are not liable for unauthorized delivery.
6.10 We reserve the right to charge you any additional shipping costs if a Product’s incorrect shipping address leads to its return, refusal or inability to deliver.
7. Returns and Refunds
7.1 Products can be returned within 30 days of receipt if they are unused and in original packaging. We cannot accept returns of used Products.
7.2 To process a return, you must contact us at returns@themicromachines.co.uk for a Return Merchandise Authorization (RMA) number. No returns are allowed without an RMA.
7.3 You must ship Products back in their original packaging with the RMA number clearly written on the outside within 10 days of the RMA issuance. You are responsible for all return shipping costs.
7.4 We inspect all returns upon arrival to check for damage and completeness. Any damage or missing items will result in appropriate adjustments to your refund amount.
7.5 Once your return passes inspection, we process refunds within approximately 5 business days. Refunds are credited to the original payment method used.
7.6 All refunds and returns are subject to a 10% restocking fee, which is deducted from your refund amount.
7.7 You cannot return the following Products under any circumstances:
- Products marked as non-refundable;
- Products missing original packaging materials;
- Products showing signs of wear or damage.
7.8 We reserve the right to refuse returns for any reason and forProducts not eligible under the above policy.
7.9 The following refund methods apply:
- Online credit card orders are refunded to the card used for payment.
- Check or money order payments must have the payment instrument voided. Refund checks are issued for the remaining value.
- Refund amounts not available on unused gift cards/store credit are issued to the original purchaser.
7.10 You are responsible for costs and risks of damaged, lost or undeliverable returns during transit. We recommend purchasing shipping insurance and tracking services.
7.11 We are not responsible for your inability to make a timely return or refund request within posted deadlines.
7.12 Refunds only apply to Products purchased directly through our Site. We cannot process returns or refunds for items purchased from other retailers.
8. Gift Cards and Store Credit
8.1 Gift Cards and Store Credit balances can be used to purchase eligible products on our Site.
8.2 Gift Cards may be redeemed for purchases on our Site up to the total value of the Gift Card amount. Any unused Gift Card balance remains available for future purchases.
8.3 Gift Cards do not expire and there are no fees associated with the card or redemptions.
8.4 Gift Cards are not redeemable for cash and cannot be returned for a cash refund.
8.5 We reserve the right to close customer accounts and request alternative forms of payment if Gift Cards are fraudulently obtained, sold, or used on our website.
8.6 Lost or stolen Gift Cards cannot be replaced. You are responsible for protecting the Gift Card PIN code to prevent unauthorized redemptions.
8.7 Store Credit balances expire one year after issuance if no qualifying activity occurs during that period. Unused Store Credit is forfeited after the expiration date.
8.8 Store Credit has no cash value and is not redeemable for cash.
8.9 Store Credit balances may be eligible for refund to the original purchaser if we are unable to fulfill orders due to business cessation or bankruptcy. All refund requests are subject to bankruptcy court approval.
9. Disclaimer of Warranties
9.1 Products sold on our Site are provided “as is” without warranties, guarantees or conditions of any kind, either expressed or implied. We expressly disclaim all warranties and guarantees regarding Products to the fullest extent permissible by law.
9.2 We make no warranty that Products on the Site will meet your requirements; that Products will be suitable for your purposes; that Products will be durable, free of defects, high quality, safe or fit for a particular purpose; that Product images, descriptions or specifications are accurate, complete, reliable, current or error-free; or that Products offered are genuine or authentic.
9.3 This disclaimer applies to the fullest extent permitted by law regarding warranties of fitness, merchantability, quality, workmanship, correspondence to samples, safety, durability and non-infringement.
10. Limitation of Liability
10.1 We will not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on any Products or Content; (ii) any transaction or relationship between you and any third party provider of Products or Content; (iii) any unauthorized access to or alteration of your data transmissions; (iv) statements or conduct of any third party on the Site; (v) any actions we take, or fail to take, as a result of communications you send to us; or (vi) any other matter relating to the Site or Products.
10.2 In no event is our liability for any damages or loss to exceed, in the aggregate, the amounts paid by you to us for Products purchased through your account, or $100, whichever is greater.
10.3 You agree we are not liable for any economic, indirect, special, incidental or consequential damages or lost profits, opportunities or data. This limitation applies regardless of the legal or equitable theory on which your claim is based.
10.4 We are not liable for any damages caused by, including but not limited to: (i) business interruption or loss of revenue, profits or anticipated savings; (ii) personal, third party or property injury; (iii) loss, corruption or damage to data or software; (iv) loss of goodwill or reputation; or (v) damages caused by reliance on Content.
10.5 Nothing in these terms limits or excludes our liability for gross negligence, willful misconduct, fraud, for death or personal injury arising from our negligence or where liability cannot otherwise be lawfully limited or excluded. Some jurisdictions do not allow certain limitations of liability, so our limitations of liability may not apply to you.
11. Indemnification
11.1 You agree to fully indemnify and hold us harmless from and against any claims, actions or demands arising out of: (i) your use of the Site or Products, (ii) your violation of these Terms; (iii) any products or services purchased or obtained by you as a result of visiting the Site; or (iv) your violation of any third party rights.
11.2 You agree you will cooperate fully in defending such claims or threatened claims. You agree that we have the right to control the defense or settlement of any such claims.
12. Disclaimer of Third Party Liability
12.1 We disclaim, on behalf of our third-party content or service providers, all liability pertaining to use of third-party content or services linked to, promoted or otherwise accessible from our Site.
12.2 Your interactions and arrangements with third parties found on or through our Site are solely between you and the third party. You agree that we are not responsible or liable for any loss, damage, claim or liability arising from or related to your transactions or relationship with such third parties.
13. Comments
13.1 The Site may allow you to leave reviews, comments and ratings for Products offered on our Site. You agree only to leave reviews that are accurate, truthful and based on your personal experience.
13.2 You shall not post any reviews that contain offensive, false or defamatory language, or disclose private or personal information concerning any third party.
13.3 We reserve the right to remove any reviews submitted in violation of these rules or that contain language we deem inappropriate or inflammatory in our sole discretion.
14. Affiliate Links and Advertising
14.1 The Site may contain affiliate links to third party websites. We are not responsible for the content, advertising or other materials posted on or available from such websites.
14.2 Advertisements displayed on our Site are placed directly by third parties. We do not review, approve or endorse advertisements appearing on our Site, or guarantee their accuracy, completeness, legality or truthfulness.
14.3 Your dealings with affiliates and advertisers found on our Site are solely between you and the other party. You agree that we will not be responsible or liable for any loss, damage or issues arising from such dealings.
15. Termination of Access
15.1 If you breach any provision of these Terms, we reserve the right to deny you access to the Site without prior notice or liability. We may do so in our sole discretion.
15.2 We reserve all legal and equitable rights and remedies available to us in the event we deny Site access for any reason. Some remedies we may pursue include obtaining fees owed or costs incurred by us due to a breach.
15.3 You agree we are not liable to you or any third party for termination of your access to all or any portion of the Site for any reason.
16. Governing Law
16.1 These Terms will be governed by the laws of the United Kingdom, without regard to conflict of law principles. You consent and submit to the personal jurisdiction of courts located in the U.K.
16.2 If any provision of these Terms is held to be invalid under applicable law, that provision will be limited or excluded to the minimum extent necessary. The remaining Terms provisions will remain in full effect.
16.3 The failure of either party to assert any right under these Terms is not considered a waiver of that right or any other rights under these Terms.
17. Modifications to Site and Terms
17.1 We reserve the right to modify, update or discontinue the Site at any time for any reason without notice or liability to you. We may also revise these Terms without prior notice by updating this document.
17.2 You are responsible for reviewing these Terms regularly to stay informed of any changes. Your continued use of the Site after revisions to the Terms constitutes your binding acceptance of the updated Terms.
17.3 If at any time you do not agree to the Terms, you should immediately cease using this Site. Continued use of the Site indicates your continued agreement to all Terms then posted.
18. Statute of Limitations
Regardless of any law to the contrary, any claim you may have arising out of or relating to your use of the Site must be filed within one (1) year after the claim arises. Your failure to file a claim within this time period waives any legal rights.
19. Waiver of Class Action Rights
By using the Site, you waive any right you may have to participate in any class or multi-party arbitration or lawsuit against us. All disputes between you and us must be resolved on an individual basis.
20. Contact Us
Please email us at contact@themicromachines.co.uk with any questions regarding these Terms.
Thank you for visiting our Site!
