Purchase Terms

The terms on this webpage set out the legal contract that applies when you purchase 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. These Terms incorporate by reference the Website Terms of Use on our Website.

By placing an order you agree to these Terms and also represent that you (i) may legally do so, (ii) are the age of majority in the jurisdiction where you reside, and (iii) have the power to enter into a binding contract with us.

Who is Yoto?

Yoto Inc. is a company incorporated and registered in Delaware with corporation number 4825824 whose registered office is 228 Park Ave S, #48734, New York, NY, 10003.

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, some of which are bespoke.

When you purchase from Yoto Inc., 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).

When is my contract completed?

Your contract with us is created when you place an Order with us and completed when your product is shipped to you, and not at the time you place your order. We’ve explained in the next few sections the process that takes place when assessing your order, and before the contract is formed between you and us.

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.

When will my chosen payment method get charged?

When your order is accepted by us, your chosen payment method will be charged. If you order products from Yoto for delivery to other countries, your order may be subject to import duties and taxes. Neither we nor the seller has any control over these charges, and the delivery company will usually leave you instructions on how to pay these charges.

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. 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’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.

I’ve bought a Yoto Gift Certificate, what are my rights?

The value of your Gift Certificate can be redeemed for purchases online at [ https://us.yotoplay.com] ( https://us.yotoplay.com) using the digital pin code provided to the email address with which you purchased the Voucher. Please note that Gift Certificates cannot currently be applied to subscriptions.

The Gift Certificate balance cannot be exchanged for cash or redeemed against the purchase of another card.

The maximum amount that an individual Gift Certificate can hold is USD$100. You can check the balance of your Gift Certificate via the link included in your purchase email.

Gift Certificates can be used during promotional periods and with Yoto Tokens or Yoto Club discounts.

Your Gift Certificate is valid for a period of 5 years from the date of Gift Certificate purchase. We have no obligation to remind or inform you of a Gift Certificate’s expiry and it is your sole responsibility to ensure that any balance is used in full prior to expiry.

A Gift Certificate expires automatically once its balance is zero.

Gift Certificates may be used to pay for the whole or any part of an online order, including postage.

Any goods paid for using a Gift Certificate that are subsequently returned for a refund will be credited to the original Gift Certificate. For returns where part payment was taken from a Gift Certificate, the refund will be credited to your Gift Certificate in the first instance.

If a partial refund is made for any purchase using a Gift Certificate and another method of payment, then any refund amount owing will be credited to the Gift Certificate in the first instance.

If the total to be refunded is more than originally paid by Gift Certificate, then any remaining refund balance will be refunded to the other method of payment used by you (i.e. debit/credit card or cash).

What to do if your order is faulty?

Within 60 days of delivery of the product: If a product you have ordered from Yoto develops a fault, is incorrectly described or not of satisfactory quality, you have a right to a refund. You can also request an exchange. You need to tell us about any problems like this within sixty (60) days from the day after the date of the delivery of that product/service 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/service you have ordered from Yoto develops a fault after 60 days of delivery, but less than two years after delivery, you will be offered a repair or replacement in line with our Product Guarantee. If the repair or 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 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. 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, perishable, personalised, or cannot be returned for hygiene reasons.

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.

Delivery. Please note all delivery times given to you are estimates only and we do not guarantee that your goods will be delivered in any particular time period. We will not be responsible in the event you pay for faster delivery and this is not fulfilled by our delivery partners.

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.

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;
• upload, post, reproduce or distribute Products in any way.

Legal Stuff

Statutory rights. You may, as stated in applicable law, have statutory rights in relation to products that are faulty, damaged or not as described. Your statutory rights are not affected by these Terms.

Neither we nor any affiliated seller is responsible for any loss or damage that is not “foreseeable” to the extent permissible by applicable law. 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.

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 apply 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.

Export Regulations. You represent that you are not named on any U.S. government denied-party list. You will not use the products ordered from us in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Syria, Sudan, or the Crimea region of Ukraine) or in violation of any U.S. export law or regulation.

Force Majeure. Yoto will not be liable for any failure or delay in performing its obligations under these Terms or with respect to the Services caused by natural disaster, government mandate, civil disobedience, civil authority, pandemic or other factors beyond Yoto’s reasonable control.

Assignment. These Terms are personal to you and may not be assigned. Yoto may assign its obligations under these Terms, pursuant to applicable law.

Severability; Waiver. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, the remaining provisions will remain in full force and effect. The waiver of a breach of any provision of these Terms will not waive any future breach of the same or any other provision.

Entire Agreement. These Terms are the parties’ entire understanding with respect to their subject matter and supersede any previous or contemporaneous communications, whether oral or written. These Terms may be modified as set forth below.

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 goods or as referenced in our Privacy Policy. You must not provide us with any data or content that is harmful, derogatory, defamatory, pornographic, in violation of the intellectual property rights of others, for purposes stated in the Terms of Service or for purposes that are otherwise unlawful. We may cancel any orders which do not meet these requirements and will not be responsible to you if we do.

What laws apply to these Terms? These Terms are governed by the law, and disputes are to be resolved, as set out in the Website Terms of Use.

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 27 September 2024