Terms & Conditions


Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

In this section you will find (a) general Terms & Conditions for our site usage and (b) Terms & Conditions relating to the sale of goods from our site.

Information about us

www.kenblack.ie is a site operated by Ken Black Ltd, a company registered in Ireland with company number 117778 whose registered office is Windsor House, 15 Windsor Terrace, Dun Laoghaire, Co Dublin, Ireland. Ken Black Ltd VAT number is IE4632557M.

 

  • GENERAL TERMS AND CONDITIONS OF SITE USAGE

Terms of website use
These terms and conditions are provided by Ken Black Ltd, (referred to as Ken Black Toys, Ken Black Toys & Nursery, 'us', 'our' or 'we' in these terms) and set out the terms and conditions under which you may use our website www.kenblack.ie (our site). Use of our site includes accessing, browsing, purchasing from or registering to use our site. Please read these terms of use carefully before you start to use our site, as your use of this website constitutes acceptance of these terms and conditions. If you do not accept the terms and conditions, then you must not use the website.

These terms and conditions may be revised at any time by us updating the website. Changes to these terms and conditions will be effective immediately when they are posted on the website. We reserve the right to close the website at any time, and to amend or correct any website content, with or without prior notice.

Our privacy policy supplements these terms and conditions and by using our website you will be deemed to have read and accepted our privacy policy. We consider and confirm that all and any linked content to other documents and/or areas of our website form part of our Terms and Conditions.

Other applicable terms

These terms of use refer to the following additional items, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on our site.

 

Access to Website Content / Copyright
We are the owner (or licensee) of all copyright, trademarks and all other intellectual property rights in our website (as applicable), and in the material and/or content published on it. Those works are protected by copyright law and treaties around the world. All such rights are reserved. You are permitted to use such material and/or content only as expressly authorised by us (or our licensors).  You acknowledge and agree that the material and/or content published on this website (as applicable) is made available for your personal non-commercial use only and that you may only download such material and/or content for the purpose of using this website (as applicable). You further acknowledge that any other use of the material and/or content published on this website (as applicable) is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and/or content.

You may not systematically extract and/or utilise parts of the content of our website and/or app. In particular, you may not, without our prior written permission:

  • redistribute or modify any of the content
  • remove any copyright or trade mark notices from any copies of the content
  • utilise any data mining, robots or similar data gathering and extraction tools to extract for re-utilisation of any parts of the website
  • create a database in electronic or structured manual form by systematically downloading and storing all or any of the content of our website

If you are in breach of these terms your right to use the site will cease immediately and you must, at our opinion, return or destroy any copies of the materials you have made.

 

Website Errors
We endeavour to present the most recent, most accurate and most reliable information at all times. However, there may be occasions when some of the information featured may contain incomplete data, typographical errors or other inaccuracies. We try to ensure that all pricing is accurate but occasionally an error may occur and goods may be incorrectly priced. Any errors are wholly unintentional and we apologise if erroneous information is reflected in the price or availability.

We will not be obliged to supply goods at the incorrect price. We present our content "as is" and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.

We have made every effort to display the products featured as accurately as possible. However, the colours we use, as well as the display and colour capabilities of the equipment you use to view our website, may affect the colours you actually see on the screen. We cannot guarantee that your equipment's display of any colour, texture or detail of products will be accurate/the same as the actual product.

 

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist  advice before taking, or refraining from, any action on the basis of content on our site.

 

Website Access
Given the unpredictability of technology and the online environment, we do not warrant that the function or operation of our website will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes it available will be free of viruses or other harmful elements. Also, your access to our website may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. As a visitor to, and user of our website, you agree that your access is undertaken at your own risk and it is your responsibility to ensure that you have the right equipment and software to safely access our website and/or app. We shall not be liable for damages or losses of any kind that you may incur from your use of or inability to access our website. We are not liable to you if for any reason our site is unavailable at any time or for any period. You are also responsible for ensuring all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose to any third party. We have the right to disable any user, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that someone other than you knows your user identification code or password, you must promptly notify us at sales@kenblack.ie

 

Limitation of our liability

Nothing in these terms of use excludes or limits liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with;

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for;

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

 

Viruses

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, mobile devices, data or other proprietary material due to your use of our site or to you downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked to our site. Such links should not be interpreted as endorsed by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use our site will cease immediately.

 

Linking to our site

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage the reputation of us or take advantage of it. You must not establish a link to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site should only be linked via the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of the content of our site, for reasons other than those set out above, please contact sales@kenblack.ie

 

Applicable law

Please note that these terms of use, its subject matter and its formation, are governed by Irish law. The courts of Ireland will have non-exclusive jurisdiction.

 

  • TERMS AND CONDITIONS RELATING TO THE SALE OF GOODS ON OUR SITE.


Please read the following Terms carefully and make sure you understand them, before ordering any Products from our site. The technical steps required to create the contract between you and us for online purchases are as follows:

  • You place the order for your products on our Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
  • The price of products does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
  • Please note that before placing an order you will be asked to agree to these Terms. If you refuse these Terms, you will not be able to order any Products from our site.
  • We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from kenblacktoys.ie.
  • You will be separately notified in the event that we do not accept your order, or where you have otherwise cancelled your order.
  • In the case of goods purchased through our Click & Collect service, a contract is formed between us when (and not before) you collect and pay for ordered items. Your order will not be progressed until we verify payment.

By placing an order with us you agree that:

  1. Any information provided by you will be true, accurate, current and complete
  2. You are the authorised holder of any credit or debit card you may use on the website, or instore.
  3. You will notify us immediately of any changes to any information you have submitted to the website
  4. We may collect, store and use information about you in accordance with our Privacy Policy
  5. You will only use the material on the website for your personal use only, and not for any commercial purpose whatsoever
  6. By clicking Confirm Order you are confirming your acceptance of these terms and conditions and that you are giving us permission for Click & Collect Orders; to pre authorise your account upon order and debit your account upon collection. Home Delivery Orders: to debit you account upon order confirmation.
  7. E-mails sent will be deemed as read, it is your responsibility to ensure that the email address supplied is accurate and capable of receiving our e-mails
  8. You have read and accept all terms and conditions including in particular the terms in relation to Price and Promotions, Contract Cancellation, Returns and Refunds and Data Protection.
  9. Products are for domestic and private use only.

 

We reserve the right to vary these terms and conditions at any time but, in respect of any ordered goods, the terms and conditions which apply shall be those which the customer has accepted when an order has been placed. Customers are deemed to have read and agreed to the terms and conditions before an order is made.  Any errors regarding website based information, quotation, price list, acceptance of offer, invoice or other documentation or information issued by us may be subject to correction without any liability on our part.

 

Price and Promotions

Free gift promotions advertised online and in our Winter Catalogue are available online while stocks last. Where stock is not available at the time of placing your order we are unable to offer this item at any later stage under the promotional arrangement advertised.

The price displayed at time of purchase is the price you will pay and will in general not be affected by price increases or decreases. We are unable to offer a discounted price should the price of an item decrease after you make your purchase.

Price savings are evaluated on prices in 2018 & 2019 Ken Black Toys & Nursery Catalogues or manufacturer's recommended retail price. Discounts deducted from lowest priced item. Buy 1 Get 1 Free refers to least expensive item free. Buy 2 Get 1 Free refers to buy 3 items and get the least expensive free. Buy 1 Get 2nd Half Price refers to least expensive half price.

All voucher and discount codes must be entered on the 'Shopping Basket' page before proceeding to the checkout and cannot be applied if not entered at time of placing the order. If a code does not apply a discount please check the valid dates. For more information on what to do, contact our customer service team at sales@kenblack.ie. Please ensure you read the terms and conditions of each voucher and discount code as they may vary.

 

Contract Cancellation 

Due to the quick turnaround of orders we are unable to amend an order once it has been placed. Customers must ensure they check their order carefully before submitting it.

You have a legal right to cancel a Contract under the European Union (Consumer Information, Cancellation and Other Rights) Regulation 2013. You are entitled to cancel your contract with us by notifying us no longer than 14 working days after the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Product(s).

If you wish to exercise your right to cancel this contract we will refund the original purchase price, provided that you have notified us in writing no longer than 14 working days after the day on which you receive the Products, that you have taken reasonable care of the Products and they remain unused and unopened. Please see our Returns policy here for further details.

Please note that your right to return Products does not apply to Products which fall into the following categories unless they are faulty or not clearly as described - Unsealed CDs, DVDs, tapes or other recording media, video games and consoles and certain nursery items for hygiene reasons. This does not affect your statutory rights.

 

Stock Outs
Usually everything displayed on our site as In Stock is present in our business and available for immediate sale.

In the unlikely event that any ordered goods are not readily available to us, we reserve the right to cancel your order. You will receive an email notification of any order cancellation as a result of stock out confirming that any pre-authorisation has been released and/or payment refunded for the goods in question, in line with our Payment Terms. To the extent that the out of stock item forms part of a larger order, all other goods ordered by the customer will be dispatched in the normal way.

 

Shipping & Delivery

Please note that we try our best to offer the most competitive shipping rates. Shipping fees incurred are only covering the cost of the shipping as charged by our third-party delivery company. In these cases, we have no alternative but to pass this shipping charge to our customers. Where possible, we subsidise the shipping charge and do not pass this to our customers. Please see our Shipping Policy for full details on shipping and delivery.

 

Returns

We are happy to exchange or refund goods if returned within 28 days of purchase, provided the goods are unused, unopened, in their original condition and packaging with all materials, manuals and accessories intact. All returns must be accompanied by a valid Ken Black Toys receipt or, for online returns, your dispatch confirmation email including your order reference number. Our returns policy does not extend to computer or games software where the seal has been broken or certain Nursery items.

You will be responsible for the cost of returning the Products to us. Please see our Returns Policy for full details.

 

Refunds

We aim to process all refunds as quickly as possible. During our busy season (October through to December) please allow up to 14 working days for refunds and replacements to be processed. All refunds will be made using the same payment method where goods were purchased in store and using the same card used to place the order online.

The customers' statutory rights are not affected.

Please note that the time taken to process a refund and/or release any pre-authorisation taken on your card may vary depending on your bank or credit card provider. In our experience, it can take up to 7 days. This processing time is completely outside of our control and any delay is not on the part of Ken Black Toys.

 

Data Protection

Your privacy is very important to us. We will never release your personal details to any company outside of Ken Black Toys for mailing or marketing purposes. We confirm that your personal information will only be used in accordance with our Privacy Policy.

 

Description of Products

We take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct.

 

Payment Terms

We accept the following payment methods:

In Store:

  • Cash
  • Ken Black Toys Gift Card
  • Visa
  • MasterCard
  • Visa Debit

 

Online:

  • Visa
  • MasterCard
  • Visa Debit 

 

We do not accept the following payment methods either Online or Instore:

  • Cheques or postal orders
  • Eurocheque
  • International debit cards
  • Purchase orders
  • One for All Vouchers
  • Love to Shop Vouchers

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can be assured that this is done only to confirm your identity. Ken Black Toys do not perform a credit check so your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. For more information, please see our Privacy Policy.

 

Warranties
Most items are covered for up to one year against manufacturing faults, unless otherwise specified. Software and Nursery warranty will be explained to you at the point of sale. Your receipt is your proof of warranty.

We do not give any warranty, condition, guarantee or representation, express or implied, relating to the information contained on this website or on any website to which it is linked. We make no representations or warranties concerning the accuracy, completeness or suitability for any purpose of the information and related graphics contained on this website, or on any website to which it is linked.

 

Safety & Regulations
Safety is our first priority at Ken Black Toys and all our products are tested to the relevant safety standards. Please ensure that you check the labelling on the packaging, which indicates the age group for which the product is suitable. Please take note of any other warnings or recommendations and keep toys intended for older children well away from younger children. Toys make an essential contribution to child development. To ensure the best experience for our children, keep in mind the following Toy Safety Tips:

Before purchasing your product:

  1. Read all warnings and instructions
  2. Look for the CE mark, confirmation that the product complies with all EU safety rules, which are amongst the strictest in the world
  3. Choose products suitable for the child's age, abilities and skill level
  4. Follow the age recommendation
  5. Do not buy products with small detachable parts for children under 3 years of age

 

 

After purchasing your product(s):

  1. Follow carefully the instructions for proper product assembly and use
  2. Keep an eye on children as they play
  3. Check products from time to time for breakage or wear and remove broken products immediately
  4. Remove all packaging 

 

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Please note that these terms are governed by Irish law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Irish law. You and we both agree that the courts of Ireland will have non-exclusive jurisdiction.

 

Waste Electrical & Electronic Equipment (WEEE)

All Waste Electrical and Electronic Equipment (WEEE) and waste batteries must be recycled and should not be placed in any of your household wheelie bins. WEEE is taken back free of charge on a one-for-one like-for-like basis in-store or on home deliveries. Waste batteries, including rechargeable batteries are taken back free of charge. You are not obliged to make any purchase when returning old batteries or WEEE.

Customers can return old WEEE or batteries to their local civic amenity site or to any of our store locations. Each local authority must also accept household WEEE and small batteries free of charge at its recycling facilities. Make sure you always recycle all your old electrical goods and batteries.

WEEE NO. IE 17673