PREAMBLE and PURPOSE

  1. These general conditions of sale shall be agreed between X-TOYSTORE, Lda. registered under registration and tax number no. 513018360, with a share capital of EUR 5,0000.00 (five thousand euros) with registered office at Av. João Crisóstomo, n.º 30, 6º Dt., 1050-127 Lisbon and business premises telephone at Largo das Palmeiras, 11B, 1050-168 Lisbon, telephone no. (+351) 21 314 08 64 and email info@hyper-toys.com (hereinafter referred to as Hyper Toys), and Users who wish to buy online through the website www.hyper-toys.com.
  2. The purpose of these general terms and conditions is to provide and establish all necessary information to Users regarding the order, sale, payment and delivery of purchases made on this website.
  3. These conditions shall apply exclusively to natural persons acting for purposes that do not fall within the scope of their commercial, industrial, craft or professional activity.
  4. These general conditions shall not be applicable should it be found that the user is not an end consumer, under the terms set out by Decree-Law no. 24/2014, of 14th February.
  5. The parties shall expressly agree that browsing on this website, as well as online shopping, shall be regulated exclusively by applicable law and this contract (which revokes all those previously available on this website).
  6. Hyper Toys reserves the right to change these General Conditions of Contracting and Use without prior notice. Any and all changes shall be published on the website.

 

INTELLECTUAL PROPERTY

  1. All content on the website is copyrighted worldwide and shall not be used or reproduced except for private purposes and online use.
  2. All texts, images and illustrations, photographs, trademarks and other elements of the website are protected by law.
  3. The introduction of links to this website and/or the use of hyper-toys.com domain shall be explicitly prohibited without the express prior consent of Hyper Toys.

 

CONTENTS

  1. Hyper Toys shall reserve the right, at any time, to modify the information and commercial offer presented in particular on products, prices, promotions and general conditions.
  2. The content on the website is produced by internal and external sources, and Hyper Toys shall not be responsible for the lack of update, errors or inaccuracies of this information.

 

PRICES

  1. Prices on the website are expressed in Euro and include VAT at the legal rate in force on the date of payment of the order.
  2. Without prejudice to every effort made to ensure that this does not happen, some products may be incorrectly priced for instance due to a programming error. For this reason they are always checked when processing orders. If the price of the product is less than that announced, Hyper Toys shall refund the difference and if the price of the product is higher Hyper Toys will inform the User by e-mail allowing the User a period of 15 days, from the date of receipt of our email, to decide whether to accept the new price or to opt-out of the order.
  3. Shipping costs shall be added to the products, as described below.

 

DISCOUNTS

  1. Hyper Toys may, under legal terms, make discounts or promotional campaigns on certain articles, which, when applicable, shall appear on the website.
  2. Hyper Toys may create customer cards with associated discounts on certain articles.
  3. Under no circumstances shall discounts or promotions accumulate, in particular, the discounts associated with the customer’s card with promotions that are in force, and only the discount that is most beneficial to the User shall be applicable.

 

ORDER

  1. To place the order, the User must register as a customer by filling out the form available on the website, after adding the intended articles to the shopping cart proceed to check out, following all the purchase steps that arise until completion of the order.
  2. The confirmation of the completion of the order by the User is equivalent to full and complete acceptance of prices and description of products available for sale, as well as these General Conditions.
  3. Hyper Toys shall accept orders online only up to the limit of available stock. The stock of the website is the same as that of our physical store, so there may be stock shortage situations only detected after the User has completed the order. In these cases Hyper Toys shall undertake to inform the User as soon as possible and return any amounts that may have been paid.
  4. The information on the invoice shall be the sole responsibility of the User and may not be changed after it has been issued.
  5. Orders shall have a 48hours validity after having been completed by the User, and it is not possible to guarantee stocks, prices, discounts, promotions and offers beyond this period. If payment of the order is not received by our services within the said period, the order cannot be validated.
  6. In promotional campaigns, orders may have shorter validity periods.

 

PRE-ORDERS

  1. In the case of items that are in pre-order state, Hyper Toys shall require the User to immediately pay a deposit of up to 30% of the value of the item, which cannot be refunded except in the situations described in paragraph 6 hereunder.
  2. When the item arrives at Hyper Toys, the latter shall notify the User, by email, so that the User can pay the remaining amount within a maximum of 7 days, under penalty of cancellation of the order and loss of the value of the deposit.
  3. In case of withdrawal/cancellation by the User, Hyper Toys shall not refund the amounts paid as a deposit, a fact which the User expressly acknowledges and accepts.
  4. Should the User fail to pay the remainder of the price on the date indicated in paragraph 2 hereinabove, Hyper Toys shall cancel the order and the sums paid by way of deposit shall not be returned, a fact which the User expressly acknowledges and accepts.
  5. The deadlines indicated on the website for the arrival of pre-orders are provided by distributors/manufacturers and are merely indicative, and Hyper Toys cannot be held responsible for their delay or constitute grounds for withdrawal/cancellation by the User.
  6. Should the manufacturer cancel the item or the distributor run out of stock, Hyper Toys shall refund the User the amount paid as a deposit, and the latter shall not be entitled to any additional compensation.

 

PAYMENT SCHEDULE

  1. In the case of pre-order items with a value of more than EUR 300.00€, the User may use a staged payment schedule up to a maximum of 8 instalments.
  2. In this case, the User shall immediately pay a deposit of up to 30% of the value of the item, which is not refunded except in the situations described in paragraph 10 hereunder.
  3. The User shall then, within the available options, choose the number of instalments intended and the day of the month on which payment will be made. The system shall then automatically generate the payment schedule with an indication of the value of each instalment.
  4. The payment schedule shall be created in such a way that the payment of the last instalment shall match with the date for the arrival of the item to Hyper Toys indicated by the manufacturer/distributor.
  5. In the case of pre-order items, if the manufacturer/distributor informs Hyper Toys of the postponement of the delivery date of the item, Hyper Toys shall change the payment schedule in order to adapt it to the new scheduled date for the arrival of the item.
  6. Shipping costs, if any, shall be added to the value of the last instalment.
  7. If the User does not pay for an installment within the agreed date, Hyper Toys shall cancel the order and there shall be no refund of the amounts paid up to that date, a fact that the User expressly acknowledges and accepts.
  8. In case of withdrawal/cancellation by the User, Hyper Toys shall not refund the amounts already paid as deposit and in instalments, a fact which the User expressly acknowledges and accepts.
  9. The deadlines indicated for arrival of the pre-orders are provided by the distributors/manufacturers and are merely indicative, and Hyper Toys shall not be held liable for the delay of said pre-orders or constitute grounds for withdrawal/cancellation by the User.
  10. Should the manufacturer cancel the item or should there be a stock shortage at the distributor, Hyper Toys shall return to the User the amounts paid, and the latter will not be entitled to any additional compensation.

 

DELIVERY and SHIPPING COSTS

  1. Hyper Toys sells and makes deliveries to Portugal and all countries in Europe.
  2. Notwithstanding the provisions of the preceding paragraph, Hyper Toys shall reserve the right not to make sales to certain foreign countries even if they belong to the European continent.
  3. Orders cannot be delivered to PO Boxes.
  4. The deliveries shall be made via CTT or DHL.
  5. Hyper Toys shall undertake to deliver the orders as soon as possible.
  6. Shipping costs are as follows:
    • For Portugal
      • Up to EUR 30.00 – EUR 3.00;
      • Above EUR 30.00 – Free (except for large items);
      • Large items – shipping costs shall be calculated by Hyper Toys and communicated to the customer via email. The order shall only be processed and the price charged after the User confirms in writing, via email, the acceptance of the shipping costs. Should you prefer the User may, before finalizing the order, send an email to Hyper Toys questioning the shipping costs of any product.
    • For the rest of Europe
      • Up to EUR 50.00 – EUR 9.00;
      • Above EUR 50.00 – EUR 19.00 (except for large items);
      • Large items – shipping costs shall be calculated by Hyper Toys and communicated to the customer via email. The order shall only be processed and the price charged after the User confirms in writing, via email, the acceptance of the shipping costs. Should you prefer the User may, before finalizing the order, send an email to Hyper Toys questioning the shipping costs of any product.
  7. Except in cases of large items, shipping costs shall be added to the price during the checkout process and before the order is completed.
  8. If the postal distributor is unable to deliver the parcel due to a fact attributable to the
    User (not at the address, did not pick up the parcel at the post office, etc.), the latter
    shall be responsible for the payment of the postage order. In this case, for orders over
    EUR 50.00 in Portugal , the amount of Euro 5.00 shall be charged.
  9. The User can collect the order directly in the physical store, in which case, no payment
    shall be required for shipping costs.
  10. Hyper Toys shall not be responsible for any costs, fees, taxes or customs fees that may
    be charged by the country of destination of the order. Such costs, taxes, duties or
    customs costs, if any, shall be the sole responsibility of the User.
  11. The stock of the website is the same as that of our physical store, so there may be
    situations of shortage of stock only detected after the User has completed the order.
    In these cases Hyper Toys shall undertake to inform the User as soon as possible and
    to return any amounts that may have been paid.
  12. Items in stock shall be dispatched, within a maximum of 5 working days, after
    validation of the payment (in case of payment schedule, after validation of payment of
    the last instalment).
  13. Pre-order items shall be dispatched within 5 business days from the moment they
    arrive at Hyper Toys' warehouses (provided full payment of the price is validated), and
    Hyper Toys cannot be held liable for any delays with respect to the estimated arrival
    date indicated on the website, which is the sole responsibility of the distributors/manufacturers, nor can such delay be grounds for withdrawal/cancellation by the User.

 

PAYMENT

  1. The forms of payment made available are as follows:
    • Paypal;
    • Credit card;
    • Bank transfer
  2. The User shall pay a global sum corresponding to the value of the products and/or services ordered, which will include the shipping costs, without prejudice to the above regarding the pre-orders and payment schedules.
  3. Hyper Toys shall make every effort to ensure maximum confidentiality and security in data transmitted over the internet.

 

GUARANTEES (CANCELLATIONS/EXCHANGES/RETURNS)

  1. Any order agreement made through the website may be freely terminated by the User, pursuant to article 10 of Decree-Law no. 24/2014 of 14th February, without payment of compensation and with no need to indicate the reason.
  2. To this end, the User shall exercise the right of freely terminating by filling out and sending to Hyper Toys the model available here or by any other unequivocal statement of intent to terminate the contract addressed to Hyper Toys, namely by letter or email.
  3. Termination of the agreement referred to in the previous numbers shall be made within 14 days from the date of receipt of the order by the User or by a third party indicated by the User.
  4. If the order consists of several items that are sent separately, the deadline for termination shall begin with the receipt of the last item.
  5. Upon notice of the decision to terminate, the User shall have a period of 14 days to return the order to Hyper Toys or the person authorized by Hyper Toys to do so.
  6. The return costs shall be borne by the User. Hyper Toys does not accept any returns shipped with postage paid or cash on delivery.
  7. In the event that a returned item is accepted, Hyper Toys shall undertake to reimburse the User within a maximum period of 14 days from the date on which it was informed of the decision to terminate the contract. However, Hyper Toys may retain the refund until it has received the order or until the User submits proof of shipment of the latter.
  8. Returned products must be in condition of sale, that is, in the same state in which they arrived at the User’s hands, without any anomaly or damage and with the original packaging.
  9. The User can not exercise the right of termination in the case of clearly personalized products.
  10. The communications regarding the termination of the agreement (when sent by mail) and the return of the goods/orders should be sent to the address of the Hyper Toys store located at Largo das Palmeiras, 11B, 1050-168 Lisboa

RESPONSIBILITY

Hyper Toys shall not be responsible for any damages caused to the User by the use of the Internet network and our website, such as: service breakdown, external intrusion, anomalies caused by computer viruses or any other case of force majeure.

 

COMPLAINTS

The User may submit his suggestions or complaints via the following email info@hyper-toys.com, you can also claim in our physical store through our complains book or using the Digital one here.

 

APPLICABLE LEGISLATION

  1. The law applicable to any contractual relationship established through the Hyper Toys website is Portuguese law.
  2. The jurisdiction of the District of Lisbon shall be competent for the resolution of any conflicts arising from the provision of services subject to these General Conditions, with express waiver of any other.

 

DADOS PESSOAIS

  1. Os dados pessoais fornecidos pelo Utilizador são processados e armazenados informaticamente em estrito cumprimento do disposto na Lei n.º 67/98, de 26 de Outubro, relativa à protecção de dados pessoais.
  2. O Utilizador desde já consente a recolha e tratamento informático dos seus dados para efeitos de processamento de encomendas e comunicação com os Clientes, processamento de pedidos de informação e de eventuais reclamações, análise estatística, bem como para efeitos de marketing directo.
  3. O Utilizador autoriza a Hyper Toys a remeter informação sobre produtos e campanhas, utilizando os dados pessoais, para efeitos de marketing directo através de qualquer canal de comunicação, nomeadamente correio electrónico, SMS e MMS.
  4. É garantido ao Utilizador, nos termos da Lei n.º 67/98, de 26 de Outubro, o direito de acesso, rectificação e cancelamento dos seus dados através dos seguintes meios:

Correio: Av. João Crisóstomo, n.º 30, 6º Dt., 1050-127 Lisboa

Tel: (+351) 21 314 08 64
Email: info@hyper-toys.com

 

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