Terms and Conditions

 VISITORS TO THIS WEB SITE ARE BOUND BY THE FOLLOWING TERMS AND CONDITIONS SO PLEASE READ THESE CAREFULLY BEFORE CONTINUING TO USE THIS SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE.

This website is brought to you by Hamleys South Africa (“Hamleys South Africa”, or “we” or “us”) and all rights, including copyright, in the content of the website, is owned or controlled by Hamleys South Africa. Hamleys South Africa and its affiliates provide access to the website and sell its products, subject to the terms and conditions set out on this page.

 If you have any comments or queries relating to this website, please email support.hamleys@htoys.co.za

1. Although Hamleys tries to ensure that all the information and recommendations presented on this website, whether in relation to the products, services, offerings or otherwise (hereinafter “Information”) provided is correct at the time of inclusion on the site, Hamleys South Africa does not guarantee the accuracy of the Information. Hamleys South Africa in the event that we identify any inadvertent and obvious error(s) in the price, product or service description, images, availability and any other relevant related content, we will not be obliged to provide you with the affected product(s) via our physical stores. Hamleys will make every effort to contact and alert the customer of such an error.
2. Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. No Information on this website shall constitute an invitation to invest in Hamleys South Africa or any affiliates. Any use of this website or the Information hereunder is at your own risk. Neither Hamleys or Hamleys affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website or the Information, or any website linked to this website.
3. The unauthorised use, copying, reproduction, variation, modification and/or distribution of the content of this website, the uploading of any unlawful, damaging information, viral software or the creation of any links to our website from any other site whatsoever is strictly prohibited.

YOUR ACCOUNT

The protection of our customers’ personal information is of paramount importance to us and we strive to ensure compliance with the Protection of Personal Information Act 4 of 2013.

Your personal information will be securely stored on our server to prevent any unauthorised use and/or disclosure of such information. It is your responsibility to ensure that if your password is kept confidential and secure. In the unlikely event that such a breach of your personal information occurs we will alert you as soon as reasonably possibly upon the discovery of a breach with sufficient information to take the necessary proactive measures to safeguard against any potential consequences.

 Please ensure the details you provide upon creating your account, are correct and complete and inform us immediately of any changes to the information provided when you registered.

1. Hamleys South Africa reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.
2. By consenting to Hamleys South Africa processing your information, and being our customer, you consent to direct marketing from us by electronic and SMS communication.
3. By using of our online website and engaging on our platform, including but not limited to, creating your user account and entering any competitions, you may be required to input certain personal information which you consent to be used by us.
4. In keeping with the Protection of Personal Information Act 4 of 2013, our customers at all times have the right (subject to providing necessary proof of identity to satisfy our personnel) to request the following:

 – Access to their personal information.

 – The deletion of their personal information.

 – The rectification of their personal information.

 Kindly contact support.hamleys@htoys.co.za so that we may action the above for you.

RETURNS OVERVIEW

 You may only return Hamleys South Africa products that have been purchased at a Hamleys South Africa store.

If you are, for any reason, dissatisfied with any item purchased in-store, you may return it to a Hamley’s store within 30 (Thirty) days* of purchase for a full refund, replacement or exchange provided you have the original tax invoice, and it is in its original packaging and is unopened.

Hamleys South Africa reserves the right to reject the return of products that are not returned in accordance with this policy procedure. We may request that you pay delivery charges to return such goods back to you. Our returns policy does not affect your statutory rights.

1. If you are, for any reason, dissatisfied with any item purchased in-store, you may return it to any Hamleys store within 30 (Thirty) days* of purchase for a full refund, replacement or exchange provided you have the original tax invoice, and it is in its original packaging.
2. Please note that gift cards may be purchased in-store and no refunds are permitted in this regard. c. We unfortunately do not accept the below listed items as being eligible for any exchanges/refunds Before or After the 30 (Thirty) Day Purchase Period:
3. Used apparel;
4. Opened products
5. Special conditions may be applicable to returns of defective/malfunctioning products:
6. The defective product(s) can be returned up to 6 (six) months from date of delivery by contacting our helpful customer service team who will advise you accordingly on support.hamleys@htoys.co.za
7. A “Defective Product” is one which contains a material imperfection in the manufacture or design that renders the product less acceptable, useful or safe than reasonably expected, under the circumstances. A product is in a defective condition if it is dangerous to the user or to the customer, when used in the prescribed way and/or for the purpose for which it was manufactured or designed.
8. The product must be defective in itself (due to manufacture or design fault) and not damaged due to inappropriate use by the consumer.
9. When returning a product after the 30 (Thirty) day standard returns period, a customer must provide full reasons for alleging that the product is defective, comply with the standard returns policy and, including stating how the product was utilised during the period that it was in the customer’s possession.

FEEDBACK AND COMPLAINTS POLICY

We welcome any comments about our service, so we can improve it. Our aim is to deal with any problems quickly and fairly. If you wish to complain, let us know about the unpleasant experience you have had with our company, please e-mail our customer service team stating clearly that you are making a complaint and use the email address: Support.Hamleys@htoys.co.za.

Please provide us with the details of the incident and your contact details in order for us to resolve the matter as quickly as possible. While we will endeavour to respond within 24 hours to let you know that we are working on the matter, our aim is to respond and resolve the matter within seven (7) working days, either resolving the complaint or with a timescale for resolution.

DISPUTES

Any dispute relating to your visit to the website or to products you purchase through the website may be submitted to the South African court, except that, to the extent you have in any manner violated or threatened to violate Hamleys South Africa’s intellectual property rights, Hamleys South Africa may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to the exclusive jurisdiction of such courts.

PRICING AND AVAILABILITY

All prices are quoted in Rand (ZAR) and are inclusive of VAT unless otherwise specified. We list availability information for products sold on the website, including on each product information page. We cannot be more specific about availability than what is stated on the site.

Despite our best efforts, a small number of the products on the website may be miss-priced. If a product’s correct price is higher than our stated price, we will, at our discretion, not honour the stated price and charge the correct price. Should the product show a zero balance, it would likely be a system error and we will charge the full correct retail price of that specific item.

The prices reflected are Value-Added Tax (VAT) inclusive. Special promotions may be subject to certain additional conditions, including but not limited to, stock availability and limited offer stipulations.

Errors:

• We shall take all reasonable efforts to accurately reflect the images, description, availability and purchase price of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy

• Hamleys South Africa Pty Ltd shall not be bound by any incorrect information regarding our products displayed on any third party websites. Hamleys South Africa will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.

ELECTRONIC COMMUNICATIONS & PRIVACY POLICY

When you visit the website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

10. USE OF COOKIES
11. This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website. This allows a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third-party tools.
12. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature.
13. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.

ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS

Hamleys reserves the right to make changes to our website, policies, and terms and conditions of sale at any time. Your use of the website will be subject to the policies and terms and conditions of sale in force at the time that you use the. If any of the provisions of these terms and conditions of sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

Any abuse whatsoever of the website by any customer constitutes a criminal offence to which shall be dealt with the requisite authorities. Other limitations on the use of the website may be communicated from time to time.

Browsing our website irrevocably signifies your agreement to the above Terms and Conditions.

GOVERNING LAW & JURISDICTION

Your use of the website will be governed by and construed in accordance with the laws of the Republic of South Africa and will be deemed to have occurred in the Republic of South Africa. You agree, as we do, to submit to the non-exclusive jurisdiction of the South African courts. Your statutory rights are not affected by these terms and conditions of sale.

DISCLAIMERS AND EXCLUSIONS OF LIABILITY

Neither Hamleys South Africa nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, Hamleys South Africa makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to support.hamleys@htoys.co.za.

1. You agree, by using this website, to indemnify us against any loss and/or damage suffered and/or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website.
2. In the event that any clause contained in these Term(s) is/are invalid or unenforceable, then such clause shall not affect the validity or enforceability insofar as the remaining clauses of these Terms are concerned.
3. Hamleys shall not be regarded as having waived, or be precluded from exercising any right under these Terms by reason merely that we have provided any indulgence to our customers or we fail to exercise or delay exercising any right we may have, whether the same right or any other right contained herein.

It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Hamleys South Africa and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.