General
All orders for Goods and Services made through this web site by any person (the "Customer") are accepted by JustPlaying.co.uk which is owned by Oceanlights Limited subject to the following Conditions of Sale, which shall take precedence over any other terms accessible via this web site, any Consortium catalogue or elsewhere, unless otherwise specifically agreed in customer documentation and signed by a Director of the Consortium. These Conditions of Sale shall take precedence over and exclude any others stipulated or incorporated or referred to by the Customer, whether in the order or during negotiations or any course of dealing established between Oceanlights Limited and the Customer.
The Conditions of Sale, together with the Customer order, shall constitute the entire understanding between Oceanlights Limited and the Customer for the sale of Goods and Services An order from the Customer shall constitute an offer to purchase relevant Goods and Services which Oceanlights Limited may accept or decline. Oceanlights Limited does not currently offer Services to individual consumers. For the purposes of these Terms and Conditions the term "consumer" shall mean any natural person who is acting for purposes which are outside his or her business. All orders for Goods and Services made other than through this web site shall be governed by the conditions of sale appearing in the relevant Consortium catalogue. Oceanlights Limited cannot accept orders from persons (other than corporate or public or charitable bodies) under the age of 18. The Customer hereby confirms to Oceanlights Limited that, if he/she is a living person, he/she is 18 or over.

Descriptions
All descriptions and illustrations contained in this web site or any price list or otherwise conveyed to the Customer are intended merely to present a general idea of the Goods and Services and shall not, subject to any statutory rights of the Customer, form any part of the terms of this Contract between Oceanlights Limited and the Customer. Every care is taken to ensure that illustrations and descriptions are as accurate and informative as possible. Oceanlights Limited reserves the right to change the design, specification and source of supply as necessary. In such cases every reasonable effort will be made to supply Goods and Services of equal of better quality. Colours shown in this web site should be used as a guide only as variations due to photography, type of internet browser and quality transmission of screen can occur.

Pricing
Prices on this web site supersede all previous prices quoted. Oceanlights Limited reserves the right to amend prices at any time. Customers are advised to check the price when placing an order subsequent to a previous interrogation of the web site. In relation to pricing Customers should note clause 4 below.

Standard eVoucher Terms and Conditions

Using eVouchers
eVouchers can only be used online at www.justplaying.co.uk subject to these general terms and conditions, and any other specific conditions notified to you on the issue of an eVoucher. No eVoucher is redeemable through any website owned or operated by Oceanlights Limited (Justplaying Toys) other than justplaying.co.uk

An eVoucher is redeemed by entering its code at the appropriate point in the online purchase process. Redemption may be subject to you providing proof of entitlement to use the eVoucher. Your use of an eVoucher indicates your agreement to be bound by these eVoucher Terms and Conditions. Justplaying Toys reserves the right to withdraw or cancel an eVoucher for any reason at any time.

Distribution of eVouchers
eVouchers are, and remain at all times, the property of Justplaying Toys.

The right to use an eVoucher is personal to the original recipient and may not be transferred. No eVoucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without the prior written permission of Justplaying Toys.

eVouchers distributed or circulated without the written approval of Justplaying Toys, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.

Permitted usage of eVouchers
Unless expressly stated otherwise at the time of issue of the eVoucher;

• Each issued eVoucher will be valid for use by a recipient only once,
• Only one eVoucher will be valid for use per customer or household, as the case may be, and,
• An eVoucher may not be used in conjunction with any other special offer or eVoucher.

eVouchers cannot be exchanged for cash or used to purchase gift-vouchers.

Excluded goods and services
From time to time goods or services may be excluded and any such further exclusion will be notified to you along with the eVoucher or through the justplaying.co.uk website.

Excluded goods and services will not count towards any qualifying conditions for offers and will not benefit from any promotional discount.

Minimum spend requirements
The redemption of an eVoucher is subject to a minimum spending requirement of £5.00, the redemption is only permitted in respect of the purchase of qualifying products which will be communicated to you at the time of issue of the eVoucher. Excluded products and supplementary charges, such as delivery, gift wrap or postage & packing, shall not count towards a minimum spending requirement.

Security and Fraud
When you use an eVoucher you warrant to Justplaying Toys that you are the duly authorised recipient of the eVoucher and that you are using it in good faith.

If you redeem, attempt to redeem or encourage the redemption of eVouchers to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.

If we reasonably believe that any eVoucher is being used unlawfully or illegally we may reject or cancel any eVoucher and you agree that you will have no claim against us in respect of any rejection or cancellation. Justplaying Toys reserves the right to take any further action it deems appropriate in such instances.

If we refuse an eVoucher submitted as part of an order, for any reason, we will inform you before the order is dispatched to advise of the correct cost of the order and give you the opportunity to cancel the order.

eVoucher Limitations of liability
At all times our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order. All offers are subject to availability and while stocks last. Justplaying Toys shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any eVoucher or any failure or inability of a customer or household to use an e-Coupon for any reason.

Miscellaneous
We reserve the right to vary or terminate the operation of any eVoucher at any time without notice. The failure of Justplaying Toys to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceablility. Justplaying Toys reserves its rights in respect of these terms and conditions at all times.

Value Added Tax
Prices shown on this web site are inclusive of VAT. This is chargeable on all Goods and Services at the current rate.

Ordering
It is vitally important that customers exercise care when ordering capital items or those manufactured to order (e.g. Furniture) Customers must also exercise care when supplying delivery details as Oceanlights Limited will not be held accountable for delivery errors.

Customer Account, Password and Security
This clause 6 shall apply to business Customers only (and shall not apply to consumers). The Customer's site administrator will receive an initial password and account designation upon completing the necessary registration process. The Customer establishment is responsible for maintaining the confidentiality of this password and all subsequent passwords produced under the initial authority of this password and is fully responsible for all activities that occur under this or subsequent password issued under its authority. Oceanlights Limited will not be liable for any loss or damage arising from failure to comply with the confidentiality of passwords.

Consumer Protection - General
Oceanlights Limited acknowledges that in respect of any contract with a consumer the provisions of the Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations") shall apply. For the purposes of such Regulations:

(i) The supplier shall be The Consortium.

(ii) The address of the supplier shall be as set out in clause 19 below.

(iii) The goods or services shall be as described on this web site.

(iv) Prices on the web site are updated periodically and cannot be guaranteed for any period of time every effort is made to ensure prices are correct at the point in time at which the consumer places an order.

(v) If Oceanlights Limited delivers substitute goods to the consumer and the consumer then opts to cancel the contract (see 6B below), the cost of returning the substitute goods to Oceanlights Limited will be met by Oceanlights Limited (provided that the consumer has not, prior to despatch of the goods, agreed to accept the substitute goods, in which case the cost of returning the substitute goods to Oceanlights Limited will be met by then consumer)

(vi) Where indicated, and in accordance with the details provided, on this web site Oceanlights Limited will provide warranties and/or guarantees in respect of certain (but not all) goods.

(vii) Any complaints should be sent in writing to the supplier's address Consumer Protection - General Oceanlights Limited acknowledges that in respect of any contract with a consumer the provisions of the Consumer Protection (Distance Selling).

Consumer Protection – Right to Cancel
A consumer will, subject to any exceptions or exclusions set out in the Regulations, be entitled to cancel this contract by serving a written notice of cancellation on Oceanlights Limited at any time during the following periods: i.In the case of goods, within seven working days after the day on which the consumer receives the goods ii.In the case of services, within seven working days after the date of this contract. In the event of cancellation by the consumer goods should be returned to the supplier's address. The consumer will be liable for the costs of returning such goods or the costs of the supplier in recovering such goods unless the consumer has a right to reject the goods under a term of this contract (other than this clause 6B) or under any statutory right (including any right under the Unfair Terms in Consumer Contract Regulations). The consumer will not be entitled to cancel any contract for the supply of services once the performance of the services has begun with his/her agreement. Where a notice of cancellation is properly given by a consumer any related credit agreement (whether with Oceanlights Limited or any third party credit provider) will automatically be cancelled and in such circumstances the provisions of the Regulations relating to credit agreements shall apply. The provisions of clauses 12 and 13 below are subject to the consumer's right to cancel as set out in the Regulations.

Confidentiality Policy
Registration data and certain other information about Customers is maintained subject to the Oceanlights Limited Privacy Policy.

Links
Oceanlights Limited web site may provide links to other World Wide Web sites or resources. Oceanlights Limited has no control over such sites and resources and the Customer acknowledges and agrees that Oceanlights Limited is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Oceanlights Limited shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, Goods or Services available on or through any such site or resource.

Limits of Liability
Oceanlights Limited shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Oceanlights Limited has been advised of the possibility of such damages), resulting from:

(i) the use or the inability to use the Web service;

(ii) the cost of procurement of substitute goods and services, resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;

(iii) unauthorised access to or alteration of your transmissions or data;

(iv) statements or conduct of any third party on the service; or any other matter relating to the service. Regardless of any statutory or other legal limitation periods, any claim or cause of action arising in connection with this Contract must be issued within one (1) year after such claim or cause of action arose (failing which it shall be barred). The entire liability of Oceanlights Limited in connection with the Contract shall not in any circumstances whatsoever exceed the price of the Goods or Services to be provided hereunder.

Delivery
Deliveries will be made to a ground floor covered site. Third party suppliers may make a charge for delivery other than to the ground floor. Assistance may be required from the Customer. Any special delivery instructions must be clearly set out on your order. All deliveries should be checked against the advice note, which should be signed to confirm receipt of the goods. Any discrepancies should be notified to the Oceanlights Limited Enquiries Department ("Enquiries") within 7 days of delivery except where the goods were delivered direct by suppliers when discrepancies must be notified to Oceanlights Limited within the period specified on the supplier's delivery note and no later than 7 days from the date of delivery. Customers in Northern Ireland are advised to contact the Enquiries Department for delivery charges. Oceanlights Limited reserves the right to charge a redelivery cost when a delivery made on an arranged day has been refused. The time of delivery shall not be deemed to be of the essence. Oceanlights Limited reserves the right to charge a redelivery cost when incorrect delivery information has been supplied by the customer. If redelivery is unsuitable then as stated above the customer does have the right to cancel although the initial delivery charge cannot be refunded.

Back Orders
Although we aim to hold stock of all items, we are sometimes caught out by demand. Where your item is out of stock, you will be notified immediately with an expected delivery date. You can choose to wait for your item or cancel your order. In the event of other products on your order being in stock, you will have the choice of cancelling the entire order or just the back ordered items.

Returns, Damages and Discrepancies
Enquiries should be contacted via the enquiries facility on the web-site in order to discuss any problem with a delivery of Goods or receiving of a Service and to arrange a suitable action.

The following details must be provided:
1. The Account Number (if an order is to be paid for by reference to an established Customer credit account)
2. The original Order Number
3. Consortium Reference Number
4. Specific details of the problem. Goods returned by the Customer will not be credited without prior Consortium authorisation Where such authorisation is obtained and items have been incorrectly ordered there is no charge for the return of stock items ordered providing they remain in a saleable condition including the original item packaging. Where direct delivery items are returned due to an incorrect customer order the Customer will be charged 20% of the full price to cover collection and restocking costs (except where the Oceanlights Limited supplier makes a higher charge or will not accept the return of goods for any reason in which case the Customer shall be liable for up to 100% of the full price - items affected by this exception are indicated on the web-site). Oceanlights Limited shall not be liable for damage to Goods occurring after delivery to the Customer or for damage occurring during carriage where a third party or the Customer transports the goods. The provisions of this clause 12 are subject to the right of a consumer to cancel this contract as set out in the Consumer Protection (Distance Selling) Regulations 2000.

Payment Terms
Payment terms for credit account holders UK customers holding approved credit account facilities must pay within 21 days from the date of invoice unless otherwise stated. 7 days must be allowed for normal banking and postal delays when making payment. Failure to comply with the terms and conditions could cause the withdrawal of credit account facilities and any sums outstanding will then become payable immediately. Oceanlights Limited reserves the right to charge interest on all overdue balances on credit accounts at a rate of 4% above HSBC plc base rate, accruing daily. In the event that the account is passed to a third party for collection of outstanding balances, Oceanlights Limited will claim reimbursement of all costs incurred in that collection from the customer. Periodic reviews will be carried out on account activity. Dormant accounts or accounts with continuous late payment may be closed. Accounts may only be reopened on new application.

General payment terms In the case of credit or purchasing card transactions, the Customer shall pay the price of the Goods or Services by such cards at the time of placing the order and Oceanlights Limited shall be entitled to recover the price. No order will be fulfilled until the full payment amount has been authorised by the appropriate credit or purchasing card service provider. If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Consortium, Oceanlights Limited shall be entitled to:

(i) Cancel the contract or suspend any further deliveries to the Customer; and/or

(ii) Appropriate any payment made by the Customer to such of the Goods and Services (or any Goods and Services supplied under any other Contract between Oceanlights Limited and the Customer) as Oceanlights Limited may think fit; and

(iii) Charge the Customer interest on the amount unpaid at the rate of 4% above the HSBC plc base rate, accruing daily. The provisions of this clause 13 are subject to the right of a consumer to cancel this contract (and the automatic cancellation of any related credit agreement) as set out in the Consumer Protection (Distance Selling) Regulations 2000.

Risk and Title
Risk shall pass to the Customer on delivery but the Goods shall remain the property of Oceanlights Limited until such time as full payment has been received.

Communications with Customers
As part of the Oceanlights Limited commitment to quality it is possible that any incoming calls or messages may be recorded for monitoring purposes. Recordings will be used for this purpose and no other.

Law
The Contract shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the English Courts.

Export Business
Goods and Services may only be requested from this web site for delivery in the UK (unless otherwise agreed in writing by the parties). These Conditions of Sale do not apply to export transactions (for which separate conditions of sale exist). However, in the event that the Goods and Services supplied are ultimately exported, the Customer will be responsible at their expense for obtaining any license and complying with any export regulations in force within the country for which Goods are destined.

Force Majeure
Oceanlights Limited shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or failure to perform, any of the Oceanlights Limited obligations in relation to the Goods and Services, if the delay or failure was due to any cause beyond the Oceanlights Limited reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Oceanlights Limited reasonable control:- 18.1 Act of God, explosion, flood, tempest, fire or accident; 18.2 war or threat of war, sabotage, insurrection, civil disturbance requisition; 18.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any government parliamentary or local authority; 18.4 import or export regulations or embargoes; 18.5 strikes or other industrial actions, whether official or unofficial or trade disputes (whether of Oceanlights Limited, its suppliers or other third party); 18.6 difficulties in obtaining Goods, labour, fuel, parts or machinery; 18.7 power failure or machinery breakdown.

Registered office
Registered office: Oceanlights Ltd Registered address: 21 Cavendish Street, Barrow-in-Furness, Cumbria LA14 1SF Registered in England & Wales No: 4537170 © Oceanlights Limited 2005