Terms & Conditions

These terms and conditions were last updated on the 22/02/2021

Please read the following important terms and conditions and ensure you are comfortable with these before placing your order with us.

Summary of some of your key rights:

This contract sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:

• ‘We’, ‘us’ or ‘our’ means Nexa Services and
• ‘You’ or ‘your’ means the person using our site to buy goods from us.

If you don’t understand any of this contract and want to talk to us about it, please contact us by:

• Telephone: 647 428 3207

1. Introduction
   1. If you buy goods on our website you agree to be legally bound by this contract.
   2. This contract is only available in English. No other languages will apply to this contract.
   3. When buying any goods you also agree to be legally bound by:
      1. our website terms and conditions and any documents referred to in them;
      2. our Gift Card terms and conditions; and
      3. specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods.

   All of the above documents form part of this contract as though set out in full here.

2. Your privacy and personal information
   1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Statement, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
   2. Many website services will require automatic registration. All information provided on this website must be accurate and complete. Subsequent access to services requiring registration is subject to an approved username and password (‘Password Details’). All Password Details are accepted at our discretion and can be withdrawn at any time. If registration is completed on your behalf during checkout, your log-in details will be emailed on to you. These are exclusive to you, non-transferable and must be treated with strict confidentiality at all times. If you are concerned in any way about your Password Details or aware of misuse you must inform us immediately using our ‘Contact Us’ form, Similarly, if you no longer require an account with us , or would like to have your account deleted, you are more than welcome to do so by logging in, or you can contact us to remove it on your behalf.
3. Ordering goods from us
   1. Below, we set out how a legally binding contract between you and us is made.
   2. If you are not personally the consumer, you confirm that you attain the authority to bind any business or organisation on whose behalf you use the website by these terms and conditions.
   3. You place an order on the site by adding items individually to your basket before proceeding to the checkout. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
      1. 1. When you place your order at the end of the online checkout process (e.g. when you click on the ‘place order’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
         2. We may contact you to say that we do not accept your order. This is typically for the following reasons:
            (a) the goods are unavailable;
            (b) we cannot authorise your payment;
            (c) you are not allowed to buy the goods from us;
            (d) we are not allowed to sell the goods to you;
            (e) you have ordered too many goods;
            (f) there has been a mistake on the pricing or description of the goods; or
            (g) we reasonably believe the order to be potentially fraudulent.
         3. Your order will be considered accepted by us once the goods are dispatched. Dispatched goods are considered dispatched once they have left our warehouse. From this point, a legally binding contract will be in place between you and us.
   4. If you are under the age of 18 you may not be able to buy certain goods because you are too young. These are set out on the relevant webpage for the goods.
   5. Discount codes supplied by Toystreet Limited may, at our discretion, exclude:
      1. Sale items
      2. Pre-orders
      3. Special offers
   6. End of sale times are always stated relative to Canada GMT.
4. Delivery
   1. Delivery of the goods will take place when we deliver them to the address that you gave to us.
   2. If an item is reported as not arrived, we reserve the right to open an investigation with our chosen courier service provider before declaring the item lost. We similarly reserve the right to resend the item as opposed to issuing a refund. If an offer is made to resend but declined, we reserve the right to deduct 50% from the value of the refund in order to cover losses in such unusual circumstances. It is also company policy not to entertain future orders from customers placing non-tracked orders and reporting goods missing, until goods are returned to us as undelivered. All packages have return addresses printed on them so will not be entirely lost. In order to avoid this circumstance, it is at the customer’s discretion to use a courier delivery option at a small extra cost .
   3. Subject to clause 6.7, unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
      1. let you know;
      2. cancel your order; and
      3. give you a refund.
   4. Clause 6.6 shall not apply if you have pre-ordered any products from us unless we cannot deliver the goods to you within 30 days of the date on which the product has become available to us to deliver to you.
   5. If nobody is available to take delivery, please contact us using the contact details at the top of this page.
   6. You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods. If you have instructed us to leave the goods in a safe place or with a neighbour and we do so, this will be deemed delivery and you will be responsible for the goods from that point.
5. Payment
   1. We accept the following credit cards and debit cards: Visa, MasterCard, Maestro and American Express. We do not accept cash.
   2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or ourPrivacy Statement (see clause 2) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
   3. Your credit card or debit card may be charged before your order has been accepted. Your order will be accepted at the point we issue you the Dispatch Confirmation Email. In the case that we are unable to supply ordered goods for whatever reason we will inform you as soon as possible. A full refund will be awarded where goods have already been paid for.
   4. All Pre-Orders and Restock Orders will have their payment taken at the point of ordering.
   5. If you have placed a Subscription Order, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your Subscription Order will be automatically extended for successive monthly periods at the original subscription rate until you cancel your Subscription Order in accordance with clause 7.7 below.
   6. The initial payment of the Subscription Order shall be taken at the point of order and thereafter the means of payment you provided for your Subscription Order shall be used to charge you on the 25^th day of every month, or, where the order is placed before the 25^th day of the month, the second instalment shall be taken the 25^th day of the following month, until you cancel your Subscription Order in accordance with clause 7.7.
   7. Should you decide to cancel your Subscription Order with us, you must notify us as soon as possible and no later than 5pm on the 24^th of the month to ensure your recurring monthly payment is cancelled. In order to cancel your Subscription Order, [insert means of cancellation].
   8. To ensure that your credit, debit or charge card is not being used without your consent, we will occasionally validate name, address and other personal information supplied by yourself during order with appropriate third party databases. Acceptance of these terms and conditions indicates acceptance by you of these checks being carried out. Personal information provided by you may be disclosed to a registered Credit Reference Agency, where a record may be kept of this personal information. This is carried out only to confirm your identity in preventing fraud and credit checks are not performed. Your credit rating will remain unaffected.
   9. If your payment is not received by us and you have already received the goods, you:
      1. must pay for such goods within 30 days; or
      2. must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to
   10. If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your We will try to contact you to let you know if we intend to do this.
   11. Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 4 and 5.
6. Intellectual Property
   1. All copyrights, trademarks, and intellectual property rights in all materials made available as part of your use of this website will remain at all times vested in us or our licensors, and you are permitted to use this material only with appropriate authorisation.
   2. All material and content contained within this website is made available for personal and non-commercial use.Other use of materials on this website is prohibited, and users agree not to copy, reproduce, publish, or commercially exploit our content.
7. Nature of the goods
   1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
      1. are of satisfactory quality;
      2. are fit for purpose;
      3. match the description, sample or model; and
      4. are installed properly (if we install any goods).
   2. We must provide you with goods that comply with your legal rights.
   3. The packaging of the goods may be different from that shown on the site.
   4. While we try to make sure that:
      1. all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to 1% in such weights, sizes and measurements in the following goods: toys, boardgames, books and collectables; and
      2. the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
   5. Any goods sold:
      1. at discount prices;
      2. as remnants; or
      3. as substandard;
         will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
   6. If we can’t supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:
      1. we will let you know if we intend to do this but this may not always be possible; and
      2. you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
   7. You must satisfy yourself that the goods being purchased are appropriate for the age of the likely user of the goods, with particular attention being put to any small product pieces forming part of the goods. You should consult any age information and product description of the goods to determine whether the goods being purchased are age appropriate.
8. Outlet Store
   1. Please note that all items within our outlet section contain a level of damage to the packaging, which in no way affects game play. Outlet products will be clearly marked in the title as belonging to A, B or C grade.
      1. A Grade products may arrive with their cellophane and have superficial damage to the box.
      2. B Grade products may arrive without cellophane and have sustained varying levels of exterior damage, this may include dents and creases.
      3. C Grade products may arrive without cellophane and contain varying levels of damage, this may include tears, dents and some crushing to the box. Prices for Outlet Products are determined relative to the damage before they are listed and are non-negotiable.
         Prices for Outlet Products are determined relative to the damage before they are listed and are non-negotiable.
   2. Items listed in the Outlet Store (A, B or C grade) will not be eligible for return, except in rare instances where the product is not usable upon delivery. This may be due to missing pieces, or damage that goes beyond the described grade boundaries.
9. End of the contract
   1. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
10. Limit on our responsibility to you
    1. Except for any legal responsibility that we cannot exclude in law or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
       1. death or personal injury, unless caused by our negligence;
       2. losses that:
          (a) were not foreseeable to you and us when the contract was formed; or
          (b) that were not caused by any breach on our part;
       3. business losses;
       4. losses to non-consumers; and
       5. any other losses.
    2. If any provision of clause 13.1 above (or any sub-clause of clause 13.1) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision or sub-clause of clause 13.1 shall not be affected.
11. Disputes
    1. We will try to resolve any disputes with you quickly and efficiently.
    2. If you are unhappy with:
       1. the goods;
       2. our service to you; or
       3. any other matter,
          please contact us as soon as possible.
    3. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
       1. let you know that we cannot settle the dispute with you; and
       2. give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us.
    4. If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
    5. The laws of England and Wales will apply to this contract but you may still benefit from mandatory consumer protections applicable within your own territory.
12. Third party rights
    1. No one other than a party to this contract has any right to enforce any term of this contract. However, if a person acquires the goods lawfully from you, you may transfer our guarantee to that person. This also applies where we have provided services in respect of an item you have transferred.
13. Waiver
    1. Delay or failure by Nexa Services Limited to exercise rights or powers under these terms and conditions do not operate as a waiver of them. Any waiver must be in writing and signed by authorised representation of Nexa Services Limited.
14. Pre-Orders and Restock Orders
    1. When you place a Pre-Order with us, you are placing an order for a product that is not yet available for general sale.
    2. When you place a Restock Order with us, you are placing an order for a product which is not currently in stock at Nexa Services Limited but that we are expecting a restock of in due course.
    3. When you place a Pre-Order or a Restock Order with us, you are offering to buy the product when it is generally released for sale or stocked by us. Your offer is only accepted once the Pre-Order product or Restock Product is despatched.
    4. When you place a Pre-Order or Restock Order with us, you will be required to pay the full upfront price of the product(s). You may cancel your Pre-Order or Restock Order and get a full refund on your Pre-Order or Restock Order payments at any time before the product has been despatched.
15. Age Restrictions
    1. Any person attempting to purchase from our site confirm they are of the required minimum age to receive and use the product that has been ordered. Any person intending to purchase a game for a third party confirms that the intended recipient is of the minimum required age to receive and use said product. We reserve the right to refuse supply where we have reason to believe that the customer is below the required minimum age.
    2. Remember: It is an offence to buy an age restricted title if you, or any third party intended recipient, is under the required minimum age.