Purchase Terms
The terms on this webpage (the “Terms”) set out the legal contract that applies when you, as a private individual, accept these Terms by clicking on the box next to “I accept the Terms and Conditions of Sale” when you purchase Products from www.yotoplay.com (the Website).
We’ve worked hard to make these Terms easy to understand and avoid legal jargon. Please read them carefully because they are legally binding.
Who is Yoto?
You can find out more information on our company details by clicking here.
How can I contact Yoto?
You can find out more information about how to contact us by clicking here.
When I buy from the Yoto website, who is my contract with?
On our website, you can buy items such as the Yoto Player, accessories and Make Your Own Cards (Products).
When you buy Products from the YOTO Website, you purchase from Yoto Limited: the legal contract is between you and us.
Sometimes we offer promotions or discount codes for use to make purchases on our website. Please see our Promotions page for the applicable terms each time. Note we reserve the right to update those terms and/or disable discount codes at any time (without notice).
We really do try to make sure all pricing, images and details of the items appearing on the Website are accurate at the time you place your order. We don’t always get it right though, and this sometimes means your order cannot be accepted and completed. If this is the case, we will let you know why by email (to the address used to make the purchase), as soon as reasonably practicable and you will be refunded.
Where do we deliver?
Under these Terms and conditions, we only deliver to mainland France and Corsica. We do not deliver to French overseas territories.
Which payment methods are accepted?
Visa, MasterCard, AMEX, Discover, Maestro, Diners Club International, Google Pay, Apple Pay, Bancontact, iDeal, Shop Pay
Do I have to pay additional taxes?
All taxes, including VAT, that you have to pay for the Product are included in the price of the Product.
I’ve changed my mind. When and how can I cancel my order/return my order?
If you’ve changed your mind you can cancel and (where appropriate) return your order: * at any time before we take payment from your account for the goods; or * at any time during the 60 days from the day after the date the Products were delivered. If your order was delivered in multiple batches, then this timeframe starts on the day after the last item in your order was delivered to you.
You will not be able to cancel your order if your item is bespoke or has been altered by you in any way.
If you cancel because you’ve changed your mind, you will receive a refund of the price paid for the Products plus any applicable standard delivery charges (but not any enhanced or premium delivery charges). Please make sure you return the Product unused, in the same condition you received it, as well as all the packaging and included accessories, but nothing else!
Your refund can be reduced if you’ve changed your mind and can’t manage to meet the return requirements above, or if you have used the item more than you would be able to in a shop when deciding whether to buy it and it is no longer in a resaleable condition.
Please see our Contact Us page for our contact details to cancel your order by making a clear statement. We will also, if applicable, then provide you with instructions on how to return the Product. Your order will be cancelled at the time your cancellation request is received. You may also use the form below, but it is not mandatory. If you exercise your withdrawal right on our Website, we will provide you with an acknowledgment of receipt without undue delay.
You’ll usually receive your refund within 14 days of the returned Product being received back from you, or within 14 days of your cancellation notice if the Products haven’t been dispatched yet.
What to do if your Product is faulty or lacks conformity?
Legal warranties You will always have legal warranties in relation to Products. Your legal warranties are not affected by these Terms.
Warranties
We are liable for defects in the conformity of the Product that existed at the time of the sale in accordance with Articles L. 217-4 (and seq.) of the Consumer Code and hidden defects in the Product sold, under the conditions provided for in Articles 1641 (and seq.) of the Civil Code.
Legal guarantee of conformity You have a period of two (2) years from the delivery of the Product to act on the basis of this legal guarantee.
In the event of a lack of conformity, you can choose between repairing or replacing the Product, in accordance with article L. 217-9 of the Consumer code. We can however choose not to proceed according to your choice if this choice results in a manifestly disproportionate cost compared to the other modality, taking into account the value of the Product or the importance of the defect.
If the repair or replacement of the Product is impossible you can choose between the refund of part of the price or the termination of the Terms, in accordance with article L. 217- 10 of the Consumer Code.
During the 24 months following the delivery of the Products covered by your order, you are exempt from providing proof of the existence of the lack of conformity.
Guarantee against defect in the Product sold
You can also exercise the guarantee against hidden defects of the Product sold that existed before the sale as provided for by article 1641 of the Civil Code.
In this case, you can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
How to return a faulty Product. You can return your Product order by contacting us using the details on our Contact Us page. We will then provide you with instructions on how to return the Product.
Personalised items. We are not responsible in the event the personalisation requests you submit to us include spelling errors, typos or any other kind of mistake. We will personalise items in accordance with the exact instructions you give to us. You will not be entitled to any refunds, returns or exchanges, unless the personalisation fault has been made by us.
Commercial Warranties
Within 60 days of delivery of the Product: If a Product you have ordered from Yoto develops a fault (i.e. the fault did not exist at the time of sale), you have a right to a refund. You can also request an exchange. You need to tell us about this within sixty (60) days from the day after the date of the delivery of that Product to you. Once the Product has been returned, it will be checked and, provided we agree that it is faulty, you will be refunded the price of the faulty Product/service along with the delivery charges you paid.
Between 60 days and two years after delivery of the Product: If a Product you have ordered from Yoto develops a fault after 60 days of delivery (i.e. the fault did not exist at the time of sale), but less than two years after delivery, you will be offered a repair or like-for-like replacement. If the replacement provided has not resolved the problem you can require a partial refund of the price you paid for the Product, or reject the Product and seek a refund.
How to return a faulty Product? You can return your Product by contacting us using the details on our Contact Us page. We will then provide you with instructions on how to return the Product. You’ll need to return the Products using the instructions provided within 14 calendar days of your cancellation.
What can’t you return? Products with problems caused by accident, neglect, misuse or normal wear and tear can’t be returned and won’t be covered by our warranty. Also, if you return something which isn’t actually faulty, the Product may be returned to you at your expense or, if you fail to pay the return costs, will be disposed of. You will not be able to return any item that is bespoke,personalised.
Personalised items. We are not responsible in the event the personalisation requests you submit to us include spelling errors, typos or any other kind of mistake. We will personalise items in accordance with the exact instructions you give to us. You will not be entitled to any refunds, returns or exchanges, unless the personalisation fault has been made by us.
I’ve bought a Yoto Gift Voucher, what are my rights?
The value of your Gift Voucher can be redeemed for purchases online at https://eu.yotoplay.com/ using the digital pin code provided to the email address with which you purchased the Gift Voucher.
Your purchase of the Gift Voucher and the purchase you make with the Gift Voucher are subject to the rights and obligations provided in these terms including, the warranties, the right to change your mind and the mediation. The Gift Voucher balance cannot be exchanged for cash or redeemed against the purchase of another card. This is without prejudice of your right to change your mind.
The maximum amount that an individual Gift Voucher can hold is 100 Euros. You can check the balance of your Gift Voucher via the link included in your purchase email.
Gift Vouchers can be used during promotional periods and with Yoto Tokens or Yoto Club Discount.
Your Gift Voucher is valid for a period of 5 years from the date of Gift Voucher purchase. We have no obligation to remind or inform you of a Gift Voucher’s expiry and it is your sole responsibility to ensure that any balance is used in full prior to expiry.
A Gift Voucher expires automatically once its balance is zero.
Gift Vouchers may be used to pay for the whole or any part of an online order, including postage.
Any goods paid for using a Gift Voucher that are subsequently returned for a refund will be credited to the original Gift Voucher. For returns where part payment was taken from a Gift Voucher, the refund will be credited to your Gift Voucher in the first instance.
If a partial refund is made for any purchase using a Gift Voucher and another method of payment, then any refund amount owing will be credited to the Gift Voucher in the first instance.
If the total to be refunded is more than originally paid by Gift Voucher, then any remaining refund balance will be refunded to the other method of payment used by you (i.e. debit/credit card or cash).
When will I receive my Product?
Delivery. Deliveries take place within the timeframe specified when ordering, which will generally be from 3 to 7 working days from the order being placed. Express Shipping usually takes 1 to 3 days. If the last day of the delivery period falls on a Saturday, on a Sunday or on a public holiday, it is automatically postponed to the next working day.
Are there any limits to how I can use the Products? When we say "Intellectual Property Rights", we mean any patents, copyrights, moral rights, trademarks, business names, domain names, designs, software rights, or confidential information that we hold and or which are licensed to us. We also mean any other intellectual property rights (registered or not registered) that we hold now or will hold in the future.
We own or otherwise have rights to all Intellectual Property Rights to our Products, and these Terms don't give you any of these rights.
We grant you a worldwide, non-exclusive, non-sublicensable and non-transferable license to access, download, display, use the Products solely for your personal, non commercial use of the Products. You agree not to: * modify, alter, reproduce, copy or resell any Products; * create additional translations of any Products; * create any other derivative work from the Products; * use any part of the Products for commercial purposes, including promotional use; * delete or augment the Products * rent, loan, lease, sublicense or transfer the Products to third parties; or * upload, post, reproduce or distribute Products in any way.
This does not limit your rights granted by law such as, subject to the conditions of applicable law, private copy, back up, interoperability, Product transfer resulting from the effect of law.
Legal Stuff
What happens if these Terms are breached? If these Terms are breached, we are responsible for: * the proportion of the foreseeable loss or damage you suffered to the extent caused by us; * failing to use reasonable care and skill.
We are not responsible for any loss or damage that is not “foreseeable”. By “foreseeable”, we mean either it is obvious that it will happen or if, at the time the contract was made, we both knew it might happen.
We don’t exclude or limit our liability to you to the extent it would be unlawful to do so. This includes liability for fraud, wilful misconduct, death or personal injury caused by us.
What if we disagree? Mediation In the event of a dispute between us, we shall try to find an amicable solution.
If no amicable solution can be found, you may refer the matter without charge to the mediator to which Yoto depends within one year as from the date you sent us a written claim.
The mediator can be contacted by completing the form provided to this end on the website: www.mediationconso-ame.com
You may use the online dispute resolution platform to resolve the dispute between us via: : https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR.
Products are for domestic and private use only. We will not have any responsibility to compensate you for any loss of profit, loss of business, loss of earnings, business interruption, or loss of business opportunity.
Commercial Sales. If you wish to commercially sell our products please get in touch at retail@yotoplay.com to check for availability for a B2B account, where separate business terms and conditions apply. If you attempt to purchase from this website in a business capacity including but not limited to purchase with the intention of commercial sale of our products this is a breach of these terms. This means that your order will not be accepted and completed, and you will be refunded. Further and to the extent permitted by law we will not have any responsibility to you.
Where you provide us with data. We will only hold data you provide to us for the purposes it was given to us in the first place, for example, this may be for the personalisation of Products. You must not provide us with any data or content that is harmful, derogatory, defamatory, pornographic or otherwise unlawful. We may cancel any orders which do not meet these requirements and will not be responsible to you if we do. To learn more about how we'll use your personal information, please read our Privacy Policy.
What laws apply to these Terms? These Terms are governed by French law and you can bring legal proceedings in the courts of France.
Changes to these Terms. As Yoto grows and improves, we might have to make changes to these Terms. We will do this by uploading the latest version with a date confirming when they went live. The new Terms will not affect any orders placed prior to the time of go-live of any new Terms, but will apply to future orders placed after the time of such new Terms.
These Terms were last updated on 24 March 2023
