These Terms form the agreement under which we will supply products and related services to you.
Please read these Terms carefully.

(a) altering or modifying any of the code or the material on the Website;

(b) causing any of the material on the Website to be framed or embedded in another Website;

(c) creating derivative works from the content of the Website; or

(d) using the Website for commercial purposes.

(a) You may order from us as set out on the Website. We may at our discretion accept or reject an order depending on factors including availability of products and our ability to validate payment for the products.

(b) It is your responsibility to check the order details, including product and pricing before you complete your order on the Website.

(c) We may provide you with order details, which may include an order number, an order ID, the shipping and billing addresses and a description of what was ordered when you order and make your first or one-off payment (as applicable) on the Website and that payment has been validated.

(d) A binding agreement comes into existence between you and us once we have given you an order number. No changes to these Terms will be effective unless we both agree to the changes in writing.

(e) You cannot cancel your order once it has been despatched.

(f) Please be aware that some of the products sold through the Website may not be suitable for children under a certain age, as specified by the manufacturer on the product or its packaging (Age Limit). Use of such products by children under the Age Limit is not advised.

(a) You agree to pay the purchase price specified on the Website, plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Any delivery and insurance charges will be separately shown.

(b) You must pay for the product by one of the methods set out on the Website. Your payment will be processed upon receipt of your order. Payment for goods purchased is not final until funds have cleared. This means that goods or services will not be provided until monies have been cleared by the relevant financial institutions, processed and approved by all parties concerned and all financial entities are satisfied that fraud, deceptive, or misleading conduct has not been carried out, and the full purchase amount is received by Online Toys Australia. If your payment is not able to be successfully processed then your order may be canceled.

(a) All purchases made with us are subject to availability. We do our best to keep in stock most products that are advertised by us, and to keep the Website up to date with availability of products.

(b) If there is a considerable delay in dispatching your order, or if for any reason we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store credit or to put your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.

(c) Where a product varies in style or colour and you have not selected a particular style or colour, Online Toys Australia may choose, at its discretion, the style and colour of the product which is sent to you.

(d) If certain products are out of stock or discontinued, we may from time to time substitute a product with another product of similar appearance, value, and size. Where an item is substantially different, we will obtain your permission to substitute the item.

(a) Discounts may be offered for a limited time or for a specified time or date. Online Toys Australia reserves the right to withdraw discounts at any time without notice. Where a percentile rate (%) is offered, such discounts do not apply to taxes (GST) or shipping, delivery, insurance or other such charges. Unless otherwise stated, discounts do not apply to already discounted products.

(b) We may from time to time offer promotional discount codes, which may be applicable to goods on the Website. In the event where a discount is offered via a coupon code, such discounts must be redeemed at the time of purchase. Retrospective requests (to redeem discount coupons) cannot be accepted. The conditions of use relating to any discount code will be specified at the time that it is issued.

(a) implied or expressed guarantees, representations or conditions of any kind, which are not stated in these Terms;

(b) the Website or the products being unavailable; and

(c) any loss, liability, costs including legal costs, damage or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use of any indirect, remove, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or cost of replacement of goods, or otherwise, suffered by you or any third party or claims made against you, arising out of or in connection with the Website, your inability to access or use of the Website, the products, the services, the late supply of products, or these Terms, even if we were expressly advised of the likelihood of such loss or damage.

(a) Location: Online Toys Australia can despatch orders to any address (physical or postal) that is deemed by Australia Post and/or local state authorities to be a registered or lawful address in Australia. Please refer to the delivery information on the Website to check that you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options. We also deliver to NZ and offer International Express as the preferred delivery method. Services to other countries is currently unavailable.

(b) Cost: We offer free pickup options as set out on the Website. If you are unable to pick up your purchase from our warehouse, a delivery fee will apply, as set out on the Website.

(c) Timing: Online Toys Australia will endeavor to despatch orders as quickly as possible or within 24 hours of receiving the order (excluding non-working days in Victoria). Some delays of several days or more are to be expected during peak periods between October and December months. Online Toys Australia is not responsible for late deliveries. Online Toys Australia takes no responsibility for the delay of deliveries caused by any courier or other third party delivering the goods. Likewise, Online Toys Australia is not liable for any burden, stress, inconvenience, hardship or financial loss caused by any delays. Customers are advised to place orders well ahead of time to ensure sufficient time for delivery during peak periods to minimise the risk of unexpected delays. We will deliver the product to the place of delivery you specify when making your order.

(d) Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt for delivery.

(e) Method: We may deliver the products via a range of delivery methods. You must sign whatever forms, delivery dockets, or consignment notes are presented by the courier prior to acceptance of the purchased goods. Refusal to sign or accept delivery from the courier means you risk your order being returned back to Online Toys Australia. Under such circumstances, you acknowledge that shipping and handling fees are payable for any subsequent re-deliveries. You also acknowledge any costs incurred and made payable by the courier in connection with any return or re-delivery will be passed on to you by Online Toys Australia for payment prior to the handling and/or further requests or processing of such order.

(f) Title: Title in the products will not pass to you until the later of (i) delivery of the products to you; or (ii) all payments due to be made by you to us in respect of the product being processed or otherwise received in full by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.

(a) ACL: Certain legislation including the Australian Consumer Law (“ACL”) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees, and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Terms.

(b) Goods: If you are a consumer as defined in the ACL, the following notice applies to you: “Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

(c) Warranties:

(i) To the extent permitted by law, we exclude all express and implied warranties, and all material and work are provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and/or fitness for a particular purpose.

(ii) The product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers’ warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer’s warranty.

(a) Product returns cannot be made by the Customer without the prior knowledge and approval of Online Toys Australia. If you wish to seek repair, replacement or a refund for a product, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us. Customers may return unopened products sold and fulfilled by Online Toys Australia within 14 days of delivery for a refund (with any additional costs in respect of delivery/re-delivery being at your own expense unless Online Toys Australia determines that you have received an incorrect or defective item). The total refund amount will be the purchase price of the product less the actual shipping costs incurred by us in respect of such product, as determined by Australia Post if such shipping costs are greater than our fixed rate delivery fee as set out on the Website or any invoice issued by us (it is acknowledged that the fixed rate delivery fee is not a true reflection of the actual shipping costs which we incur in despatching products to our customers). If the actual shipping costs incurred by us in shipping a Product to you do not exceed the fixed rate delivery fee set out on the Website or any invoice issued by us, the total refund amount will be the purchase price of the product less the fixed-rate delivery fee. Any refund we make will be by the same payment method used to purchase the product. If a product is found not to be defective, we will return the product to you.

(b) Upon receipt of your request to return a purchase, Online Toys Australia will issue a Return Merchandise Authority number (“RMA number”)to help Online Toys Australia identify and process approved returns. Products returned without an RMA number visibly or clearly marked on packaging will be rejected and returned to you. Returns received in a damaged state will not be accepted. Unless a product is faulty or defective under the manufacturer’s warranty, it will not be accepted by Online Toys Australia in an opened or used state. This includes the removal of any product seals, shrink wrapping, protective materials, stickers or product attachments and/or accessories.

(c) Special or custom-made orders placed by Customers may not be returned for refund or exchanged.

(d) Products that have been returned under warranty and are deemed by Online Toys Australia to be misused, abused, or subject to inappropriate handling will not be accepted for refund or exchange. Battery operated products will not be accepted for return unless all reasonable measures have been taken to ensure the product is not defective as a result of a battery-related issue.

(e) Online Toys Australia may, at its discretion, charge a 10% re-stocking fee on returned products due to change of mind. All returned products must arrive undamaged and in ‘sale-able’ condition, including being sealed, unopened and unused.

(f) You have a duty of care for the product while it is in your possession. If you damage products then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.

(a) grant to Online Toys Australia a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable license to use your Reviews in any way including but not limited to, use, view, copy, adapt, license, distribute, sell, transfer, reproduce, change, communicate the content to the public, broadcast, access, and otherwise exploit such Reviews on, through, or by means of the Website; and

(b) consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

(a) you are the sole and exclusive owner of all Reviews you make available through the Website or you have all necessary rights, licenses, consents and releases that are necessary to grant to Online Toys Australia the rights in such comments, as contemplated under these Terms; and

(b) neither the Reviews, nor the posting, uploading, publication, submission or transmittal of the Reviews or our use of the Reviews (or any portion thereof) on, through or by means of the Website will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(a) Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products, please contact us. If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:

(b) The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

(c) If the Parties cannot agree on how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

(d) Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

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