Free toy terms and conditions

Important note: The free toy promotion has now ended. All claims must have been made by the 31 July 2016.

  1. Within these terms and conditions, ‘we’, ‘us’ and ‘our’ refer to the promoter, Inspop.com Limited trading as “Confused.com”. Inspop.com is registered in England and Wales (registration number 03857130) with a registered address at 3rd floor Greyfriars House, Greyfriars Road, Cardiff CF10 3AL. ‘Toy’ refers to either a BRIAN toy, a Stunt Herbert toy or a Miss Herbert toy unless stated otherwise.

  2. These terms and conditions for a toy must be read in conjunction with the general terms and conditions and privacy policy of the Confused.com website.

  3. By applying for a toy, you agree that you have read these terms and conditions and agree to be bound by them.

Qualifying for a toy

  1. You must be resident in the UK, aged 17 years of age or older.

  2. To claim a toy, you must purchase a car, home, life, van, motorbike or pet insurance policy, or been accepted for a credit card, through Confused.com on or after 30th December 2015.  Claims for car or home insurance policies made prior to 30th December 2015 will be eligible for a BRIAN toy only. For the avoidance of doubt, caravan, landlords or temporary car insurance products or any other product not listed above or any purchase made via Nectar Insurance powered by Confused.com are not included within this promotion.

    You must have purchased your car, home, life, van, motorbike or pet insurance policy via the link on Confused.com website, or if via telephone, you must advise the insurance provider that you received your quote via Confused.com and provide quote reference number.  You will not qualify if you make a purchase by any other means. 
    Applications for a credit card must be made online.  If you call your chosen credit card provider to apply, you will not be able to claim a toy.

  3. Only new sales will qualify. You cannot make a claim if you have renewed your existing policy with the same insurance provider.

Claiming your toy

  1. You must complete the claim form within 30 days of your car, home, life, van, motorbike or pet insurance policy start date or within 31 days of being accepted for a credit card.  Any claims made after this date will be deemed invalid.

  2. You must complete the claim form accurately. If the information is inaccurate, we may not be able to verify your claim. You must use the same email address used to take out your insurance or credit card when filling in the claim form.

  3. Only the main policyholder on the insurance policy can make a claim. For the avoidance of doubt, named drivers, named riders, joint policyholders , secondary lives assured or additional card holders cannot make a claim.

  4. Only one toy can be claimed per purchase.

After you claim your toy

  1. We will verify the details you entered into the claim form with the relevant provider and confirm the insurance purchase has been completed or the card application has been accepted. The verification process may take up to 90 days to complete.

  2. We rely on the accuracy of information provided by you on the claim form and by the product providers when verifying your claim. We accept no responsibility for any delay, failure, or error made by the provider in notifying us that a purchase has been made or application has been successful.

  3. If your claim is unsuccessful, we will let you know via the email address registered to your Confused.com account.

  4. Your toy will be sent to the UK delivery address you entered into the claim form only once the relevant provider has confirmed its validity. We are not able to deliver to a non-UK address.

Receiving your toy

  1. Your toy has specific restrictions as for suitability for use and health and safety noted on and within the packaging. It is your responsibility to read any restrictions or warnings as to the suitability of your intended use.

  2. In the unlikely event that your toy is faulty upon receipt, please notify us within 21 days of receipt via our contact us form and provide us with full details of the fault. We will send you a replacement within 30 days of the faulty toy being received by us, subject to verification and stock availability.

  3. We will not replace toys where faults arise from normal wear and tear or accidental damage.

Limitation of liability

  1. Neither we nor any of our employees or other representatives will be liable to you for any loss or damage incurred by you arising out of or in connection with your claim or use of the toy including, without limitation, indirect, or consequential loss or damage, loss of anticipated revenues, loss of business opportunities, loss of goodwill, loss or corruption of data or damage to reputation resulting from your inability to register your claim for a toy or our failure to deliver or the receipt of the toy.

  2. If your toy is faulty we will replace in accordance with paragraph 17. This is our only liability to you.

  3. Nothing in these terms and conditions shall operate to limit or exclude our liability for death or personal injury caused by our negligence or for fraud including, but not limited to, fraudulent misrepresentation or for that which cannot lawfully by excluded.

  4. We will not be liable for any failure to provide your toy if caused by supervening circumstances amounting to force majeure being an event(s) which, without the fault of any party, renders performance impossible or incapable of satisfactory execution. If such circumstances arise, we reserve the right at our sole discretion to cancel, modify, terminate or suspend this promotion.

  5. Nothing in these terms and conditions shall affect your statutory rights.

Other important terms

  1. We shall use any personal data you supply to us from the claim form as described in our privacy policy and in accordance with the data protection legislation and any preferences you have expressed. By completing the claim form you agree to the collection, retention, use and distribution of your personal data in order to process and contact you about your claim.

  2. All queries in relation to this promotion or your toy should be directed to our customer support team. Insurance or credit card providers will not be able to assist with any toy queries you may have.

  3. All toys are subject to availability and we reserve the right to substitute or remove the promotion at any time. In the event that we have to substitute or remove the promotion we will give as much notice as possible on our website.

  4. There are no cash alternatives available.

  5. We may refuse your claim for a toy and terminate your registration if at any time we suspect

    1. Any abuse or attempted abuse of the promotion

    2. Any breach or attempted breach of these terms

    3. Any breach or attempted breach of the general use of the Confused.com website terms and conditions

    4. Any activity which in our reasonable opinion constitute misuse of the promotion

    5. Any fraud or breach of any terms applicable to qualifying for a toy.


    We may also refuse any claim that, at the sole discretion of us, contains language or actions that is in any way threatening, abusive, offensive, defamatory, invasive of another’s privacy, in breach of confidence, embarrassing to any person or likely to deceive any person, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable or which constitutes or encourages conduct that would be considered a criminal offence or otherwise contrary to any law.

    Any activity noted above may result in the general services of Confused.com being refused to you in the future.

     
  6. We accept no liability or responsibility for claims lost, delayed or undelivered, nor any liability for technical errors or communication failures in networks and/or internet access.

  7. If any provision of these terms and conditions are held by a competent authority to be invalid or unenforceable, the remaining provisions of these terms and conditions will not be affected and remain valid.

  8. Unless expressly stated, nothing within these terms and conditions shall confer any rights on any person under the Contracts (Rights of Third Parties) Act 1999.

  9. Any intellectual property rights existing in and to the toy, any character or trading names associated to us or the promotion are and shall remain the property of us or our group of companies at all times.

  10. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under the terms and conditions are subject to the exclusive jurisdiction of the courts of England and Wales.

  11. We reserve the right to amend or update these terms and conditions at any time.

Terms and conditions updated 1 August 2016.