Terms and Conditions
Welcome to the Fagan Toys website. Fagan Toys is part of Fagan Office Supplies, Ltd., a company registered in Ireland whose registered office is at 13-15 Pearse Street, Mullingar. Co. Westmeath, Ireland.
These terms and conditions are provided by Fagan Toys, and set out the terms and conditions under which you may use our website. Your use of this website constitutes acceptance of these terms and conditions. If you do not accept the terms and conditions, then you may 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.
FAGAN TOYS shall not be liable to you for any loss or damage which you might suffer arising from FAGAN TOYS delay in fulfilling or failure to fulfil any of its obligations under these Terms to the extent that such delay or failure is caused by any circumstance beyond FAGAN TOYS reasonable control.
These Terms and any terms appearing on any order form to which these Terms apply constitute the entire agreement between you and FAGAN TOYS relating to the Products. The failure of FAGAN TOYS or you to enforce any of these Terms does not constitute a waiver of that term and shall in no way affect the right later to enforce the term. The invalidity or unenforceability of any clause of these Terms shall not adversely affect the validity or enforceability of the remaining provisions. No amendment, variation or addition to these Terms shall be binding unless agreed to in writing by an authorised representative of FAGN TOYS. FAGAN TOYS may transfer any contract with you concluded on these Terms or any of its rights or obligations under any such contract. These Terms will be construed in accordance with the laws of The Republic of Ireland and any disputes shall be settled by the Irish courts.
"FAGAN TOYS" is a division of FAGAN OFFICE SUPPLIES Ltd, whose head office is at Fagan Office Supplies, Pearse Street, Mullingar, Co. Westmeath. "Terms" means these terms and conditions of sale. "Products" means any products listed in our web store for which you place an order which is accepted by FAGAN TOYS. "You" means you, the customer.
Access to Website Content / Copyright
We are the owner (or licensee) of all copyright, trade marks and all other intellectual property rights in our website or mobile app (as applicable), and in the material and/or content published on it. 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 or mobile app (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 or mobile app (as applicable). You further acknowledge that any other use of the material and/or content published on this website or mobile app (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. 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 use our website, it is your responsibility to ensure the confidentiality of your account and password and that no unauthorised persons have access to them. You agree to accept responsibility for all activities that occur under your account or password. We shall not be liable to any person for any loss or damage that may arise as a result of your failure to keep your password and account protected. Please ensure that your personal details are up to date. We reserve the right to refuse access to our website, terminate accounts, remove or edit content or cancel orders at our discretion. If we cancel an order, you will be notified and you will not be charged.
We endeavour to present the most recent, most accurate and most reliable information at all times on our website. 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 product descriptions and pricing are accurate but occasionally an error may occur and goods may be incorrectly described or priced. Any errors are wholly unintentional. We reserve the right to amend errors or to update product information at any time without prior notice.
In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you upon discovery of the error to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price.
We do not warrant that the function or operation of our website will be uninterrupted or error-free, 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 our use of or inability to access our website and/or app.
Terms and Conditions of Sale
We aim to process all orders on the same day as they are received, if you order after 5.00pm or at the weekend please assume that delivery will be as if your order had been placed the next working day. The technical steps required to create the contract between you and us for online purchases are as follows:
- Your order is confirmed when you complete the checkout process.
- We will send an order acknowledgement email detailing the products you have ordered.
- The completion of the contract between you and us will take place on the despatch to you of the Products ordered.
- You will be separately notified if there is any issue with your order, or if the product has become unavailable.
- In the case of goods purchased through our Click & Collect service, a contract is formed between us when (and not before) you collect your items. Your order will not be progressed until we verify payment.
By placing an order with us you agree that:
- You are over 18
- Any information provided by you will be true, accurate, current and complete
- You are the authorised holder of any credit or debit card you may use on the website
- You will notify us immediately of any changes to any information you have submitted to the website
- You will only use the material on the website for your personal use only, and not for any commercial purpose whatsoever
- By clicking Confirm Order you are confirming your acceptance of these terms and conditions and that you are giving us permission to pre authorise your account upon order and debit your account upon dispatch / collection.
- 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
- You have read and accept all terms and conditions including in particular the terms in relation to: Price and Promotions, Shipping and Delivery, Contract Cancellation, Returns and Refunds and Data Protection.
Additional and alternative terms which shall apply to such orders shall include:
- Consumer rights to cancel the contract within 14 days shall not apply;
- Our 28 days goodwill returns policy shall not apply;
- If the products are faulty or misdescribed, you may return them to us within 7 days. Where you use our returns service, you shall be charged the postage or other cost of returning any products to us (even where those products are faulty or misdescribed). We shall also charge you a reasonable handling fee for processing your return. Returns received after 7 days will not be processed.
- You will not be permitted to order products which are subject to promotions or special offers.
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. Once an order is placed customers are deemed to have read and agreed to the terms and conditions. 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.
FAGAN TOYS reserves the right to refuse orders at its discretion including, without limitation, orders from distributors, dealers and warehouse stores.
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.
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.
All voucher and discount codes must be entered in the 'Shopping Cart' 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. Please ensure you read the terms and conditions of each voucher and discount code as they may vary.
Promotions advertised online and in our Catalogues are available online while stocks last. 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 or a reimbursement should the price of an item decrease after you make your purchase.
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.
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us no longer than 14 working days after the day on which you receive the Products.
If you wish to exercise your right to cancel this contract we will refund the original purchase price and delivery charge, 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.
Shipping and Delivery
Because we know how important it is to get the supplies you need, we aim (but do not guarantee) to deliver all orders the next working day, although certain items such as large toys may take longer (see product descriptions for details).
Orders placed Monday to Thursday will be delivered the next working day. Orders received on Friday will be delivered the following Monday and orders placed at the weekend will be delivered the following Tuesday. FAGAN TOYS cannot be held responsible for any consequential loss due to late or non-delivery. We cannot specify an exact time when we will deliver as we use a third party courier.
Note that oversized or bulky items may require additional delivery time, and delivery costs are included in the price of the item. Please see product description for details. See here for further details on Shipping and Delivery options and terms.
FAGAN TOYS shall not be liable for any cost or damage caused by late or non-delivery of the Products. Any delay in delivery of the Products shall not give you a right to reject the Products or cancel your order.
We strive to keep our website up to date with all available inventory. 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. 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.
We are happy to exchange or refund goods if returned within 28 days of purchase, provided the goods are unused, unopened, undamaged, in their original condition and packaging with all materials, manuals and accessories intact. We must be informed within 14 days of receiving the item of the intent to return the item(s). All returns must be accompanied by a valid Fagan Toys receipt or, for online returns, your order reference number. We will credit the payment method you used to place the order.
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 Fagan Toys.
Resale of our Products
Products are provided for personal, domestic and private use only.
If we reasonably believe that you are buying products from us with the intention of reselling them or in circumstances where it appears that bulk buying, reselling, drop-shipping or repeated orders for the same item/s are occurring, we may cancel your order;
In such circumstances, any rights that are granted only to a 'consumer' under consumer protection legislation shall not apply to you.
We accept the following payment methods:
- Visa Debit
- Fagan Gift Card
- Visa Debit
We do not accept the following payment methods either Online or Instore:
- Cheques or postal orders
- International debit cards
- Purchase orders
- Love to Shop Vouchers
Fagan Gift Cards can only be used to buy in store.
All products purchased through FAGAN TOYS benefit from the manufacturer’s warranty or guarantee. Your receipt is your proof of warranty and some products require registration after purchase to invoke the warranty. This will be detailed in the product packaging materials. 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 Fagan Toys and all our products are tested by manufacturers to meet the relevant regulatory 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 toy:
- Read all warnings and instructions
- Look for the CE mark, confirmation that the toy complies with all EU safety rules, which are amongst the strictest in the world
- Choose toys suitable for the child's age, abilities and skill level
- Follow the age recommendation
- Do not buy toys with small detachable parts for children under 3 years of age
After purchasing your toy:
- Follow carefully the instructions for proper toy assembly and use
- Keep an eye on children as they play
- Check toys from time to time for breakage or wear and remove broken toys immediately
- Remove all packaging
Waste Electrical & Electronic Equipment (WEEE) and Disposal of Packaging Materials.
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.
We urge our customers to follow local recycling rules when disposing of product packaging, which should be recycled where possible.