Terms and Conditions

Please read these terms and conditions carefully; they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.

1 Introduction

1.1

Please read these terms and conditions carefully before using this web site. This web site is operated by Bandai UK Limited ('Bandai', 'our', 'we' or 'us') (Company Number 1632311 and VAT number 358895485). In particular, we draw your attention to clauses 6 (Information you provide to us), 8 (Applicability of online materials) and 12 (Liability). By ordering products on and/or otherwise accessing or using www.bandai.co.uk ('our web site') you agree to be legally bound by these terms and conditions as they may be modified and posted on our web site from time to time.

1.2

If you do not wish to be bound by these terms and conditions please do not use our web site.

2 Nature of our web site

Our web site is a place for you to view, select and order toys and other products (the 'Products') from Bandai and to make use of related services such as wish lists and downloads of material related to the Products. Our web site describes the Products in more detail.

3 Modifications to web site

3.1

We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of our web site or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products shall be subject to these terms and conditions.

3.2

Please note that although we try to ensure that the content of our web site is accurate, it may contain typographical errors or other inaccuracies.

4 Information you provide to us

We will process any information you provide to us during registration, ordering Products or otherwise in accordance with the Bandai UK Privacy Policy and you consent to the terms of that policy.

5 Applicability of online materials

5.1

Unless otherwise specified all content and materials published on our web site are presented solely for your private, personal and non-commercial use.

5.2

Our web site is controlled by us in the UK and operated on our behalf in the UK. Where content published on the web site is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our web site and use of all information contained within it.

5.3

We have used our best endeavours to ensure that our web site complies with UK laws. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the UK. Persons visiting our web site from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our web site and/or viewing of it, or use of any material or content on our web site or services, or products offered through our web site are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our web site and you must exit immediately.

5.4

Bandai makes no representations and gives no warranties (express or implied) that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Bandai accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

6 Copyright and monitoring

The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Bandai, its affiliates or other third party licensors. All product and company names and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of placing an order with Bandai or using our web site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

BADGE IT © BANDAI 2002.

HARUMIKA © SUNRISE, Layup © BANDAI 2008

TAMAGOTCHI ©BANDAI, WiZ ©B, W/T,T

7 Linked sites

7.1

Bandai make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from Bandai and that we have no control over the content or availability of that web site. In addition, a link to any other web site does not mean that Bandai endorses or accepts any responsibility for the content or the use of such a web site and Bandai shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web site or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.

7.2

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

7.3

Our site must not be framed on any other wise, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

7.4

If you wish to make use of any material on our site other than that set out above, please address your request to support@bandaistore.co.uk.

8 Availability of our website

We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other Internet connected device related to our web site.

9 Liability

9.1

We promise that for any Product you purchase from our web site:

(a) we have the right to sell the Product to you;
(b) the Product will correspond with the description we have given to you; and
(c) the Product will be of satisfactory quality.

We also promise that any service we provide to you will be provided with reasonable skill and care.

We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our web site or any information or service provided through our web site.

We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all content, materials and information on our web site are provided on an 'as is' basis and you assume total responsibility and risk for your use of our web site and use of all information contained within it.

9.2

We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our web site or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Bandai or our servants, agents or any other person or entity.

9.3

If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.

9.4

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

9.5

The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

10 General

10.1

We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 13.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.

10.2

We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version. You must check the terms and conditions on the web site regularly.

10.3

These terms and conditions, together with the privacy policy, any order form and payment method instructions, if any, contain the entire agreement between you and Bandai. You acknowledge and agree that you have not entered into these terms and conditions in reliance on any statement or representation of any person other than as expressly incorporated in these terms and conditions. You irrevocably and unconditionally waive any right or remedy you may have to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in these terms and conditions, the privacy policy, order form and payment method instructions.

10.4

If any provision of these terms and conditions are held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these terms and conditions will remain in full force and effect and will not in any way be impaired. If any provision of these terms and conditions are held to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, or the period of the obligation reduced in time, or the range of activities or area covered reduced in scope the provision in question will apply with the minimum modifications necessary to make it valid and enforceable.

10.5

These terms and conditions are governed by and are to be construed in accordance with English law. You and Bandai irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms and conditions.

10.6

Except in respect of a payment obligation, neither you nor Bandai will be held liable for any failure to perform any obligation to the other due to causes beyond your or Bandai's respective reasonable control.

10.7

Any omission to exercise, or delay in exercising, any right or remedy under these terms and conditions shall not constitute a waiver of that, or any other, right or remedy. The waiver by you or us of any of our rights or remedies arising under these terms and conditions or by law shall not constitute a continuing waiver of that right or remedy or a waiver of any other right or remedy.

10.8

Bandai is a member of the Toy Retailers Association and the British Toy and Hobby Association, and is approved under the Hampshire County Council 'Buy with Confidence' scheme, and subscribes to the codes of practice of these bodies.

10.9

These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

11 Notices

11.1

All notices shall be given:

(a) to us via email at support@bandaistore.co.uk; or
(b) to you at either the e-mail or postal address you provide during any ordering process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or public holiday in the place of receipt) or 3 days after the date of posting.

12 Contact

All comments and queries about our web site or Products are welcomed and should be addressed to the Customer Services Manager at Bandai UK Limited. 12 Eldon Way, Hockley, Essex, SS5 4AD or by telephone at 01702 208151 or by email at support@bandaistore.co.uk.

13 Replacement

These terms and conditions replace all other terms and conditions previously applicable to the use of our web site and/or sale of the Products.