Terms and conditions for a toy retailer selling online

Toys are among the most regulated goods a small shop sells, bought by adults for children who use them unpredictably. The terms have to say the products comply and carry the required warnings, put age grading and supervision on the adult, run returns and sealed items, deal with faulty toys and gift orders, and handle children's data with care. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Online toy shops, independent toy retailers and toy brands in England and Wales selling to consumers through their own website, with stock from manufacturers and, for some, their own designed products.

What matters in toy retail terms

Toy safety, markings and warnings

Toys must meet the Toys (Safety) Regulations 2011 and carry the UKCA or CE marking and the warnings those Regulations require, and the terms should say that the retailer's products do, that warnings on packaging form part of the product, and that the retailer will not sell toys that do not comply. The business remains liable for an unsafe toy under the Consumer Rights Act 2015 and the terms cannot exclude that; what they can do is make clear that warnings are to be followed.

Age grading, suitability and supervision

Age grading is a safety indication as well as a guide to interest, and the terms should say that the adult buying is responsible for choosing toys suitable for the child's age and abilities, for following the warnings, particularly on small parts, and for supervising play as the product indicates. A toy sold as suitable for a stated age used by a younger child is used contrary to its description, and the terms should say who owns that risk.

Returns, sealed items and gifts

A consumer may cancel within fourteen days of delivery under regulation 30 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and return toys unused in their packaging, and the terms should say that opened sealed items such as craft kits, puzzles with sealed pieces and items with hygiene seals may be excluded or subject to a deduction, that gift orders are the buyer's contract with returns and refunds going through the buyer, and how a gift receipt works where you offer one.

Faulty toys and the consumer's rights

A toy that breaks the first time it is used has not met the standard section 9 of the Consumer Rights Act 2015 sets, and the buyer can reject it within thirty days under section 22 or ask for a repair or replacement after that. The terms should explain how to report a problem, ask for photographs, allow the retailer to have the toy back to look at it, and draw the line between a fault and damage: play rougher than the toy was designed for, or use against the warnings, is not a fault. If several reports point to the same batch, the retailer is looking at a safety issue rather than a returns issue, and should treat it that way.

Children's data, prices and marketing

Toy shops sell to adults, and the terms should say that buyers must be adults, but children's clubs, competitions and wish lists collect children's data, and where they do, the privacy notice has to meet the age-appropriate design code issued under section 123 of the Data Protection Act 2018 and the UK GDPR. On the shop itself: the Digital Markets, Competition and Consumers Act 2024 requires the price a buyer first sees to include every compulsory charge, a card fee cannot be added at checkout, and email marketing needs the consent the Privacy and Electronic Communications (EC Directive) Regulations 2003 require. The ordering steps required by the Electronic Commerce (EC Directive) Regulations 2002 and the company's registered details under the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 belong on the site as well.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Email me at geoffrey@caesar.co.uk with what you need and any documents, and I will confirm the scope and the fee in writing, usually the same working day.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

A parent gave a toy marked three and up to a toddler who broke it. Is it faulty?

If the toy met the safety requirements and the age grading and warnings were clear, use by a younger child is contrary to the description and the terms should say the risk is the adult's. A toy that was unsafe for its stated age is a different matter.

Can a grandparent return a gift the child did not like?

The contract is with the buyer, and the terms should say that returns and refunds go through the buyer within the cancellation period, with the toy unused in its packaging. A gift receipt can allow an exchange as a goodwill arrangement.

We think a batch of a toy is unsafe. What do we do?

Stop selling it, tell the manufacturer or importer, and contact customers who bought it. Product safety obligations come first and the terms should say the retailer will act on safety concerns.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for an online shop selling to consumers
• Terms and conditions for a bookshop selling online

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.