Website Terms & Conditions | Toymate

Welcome to toymate.com.au!

These Terms of Use (Terms) govern your use of the Toymate.com.au (Website) and all related sites that we offer. By using the website you are accepting the Terms of Use set out below. Please read these Terms of Use carefully.

1. Ownership

H&D Retail Pty Limited ACN 133 685 426 trading as Toymate operates and owns this website, all related websites and all content.

2. Use of Website

2.1     The terms and conditions contained in these Terms of Use set out your obligations when using the website. The Terms of Use also sets out our obligations to you.

2.2     We may amend the Terms of Use from time to time by posting an updated version on the Site. The updated version will become effective one month after being posted on the Site. You should review these Terms of Use from time to time. By continuing to use the Site following any amendments you accept the Terms of Use as amended.

2.3     If you have any questions regarding these Terms of Use, please contact our Customer Service team at customerservice@toymate.com.au

2.4     In these Terms

a)    a word referencing the singular is inclusive of the plural and vice versa;

b)    a word referencing a gender includes all genders;

c)     a word referencing an individual includes an entity and vice versa;

d)    ‘We’ or ‘Us’ refers to H&D Retail Pty Limited (Toymate)

e)    ‘You’ or ‘Your’ refers to you as a purchaser or user of the Website

2.5     You may only use the Website and content for personal purposes unless expressly authorised in writing by H&D retail Pty Limited (Toymate)

You must not:-

a) By any means adapt, upload, link, post, frame, copy, reproduce, republish, transmit or distribute any part of the Website or content contained on the Website.

b)    Make any unauthorised modifications to the Website or attempt to breach the security of the Website, including testing or scanning of the Website for vulnerability.

c)     Use any tool or process whether manual or automatic to store, copy, use or reproduce content from the Website.

d)    Do anything that may disrupt or place an unreasonably large burden on the Website or any associated website or network.

e)    Interfere with any other persons authorised use of the website

f)      Use the Website in any way that is unlawful, illegal or that may breach the rights of any third party.

g)    Use the Website to post or transmit defamatory, abusive, obscene or otherwise inappropriate material.

3. Intellectual Property

3.1     All copyright in the Website including but not limited to the software, design, data, text, images/graphics, trademarks and logos (together the Content) is owned or licensed by H&D Retail Pty Limited (Toymate).

3.2     Except for viewing for your own non-commercial use, you must not: -

a)   Reproduce, modify, frame or imbed, transmit, sell or distribute the Content;

b)   Use the website for any other purpose;

without the express written consent of H&D Retail Pty Limited (Toymate).

4. Registration and Use of Your Account

4.1     You are solely responsible for your use of the Website and any costs associated with your access to or use of the Website, including Internet fees.

4.2     You must complete the customer registration process through the Website before placing an order through the Website.

4.3     Accounts are not transferrable, and you may not have more than one active account.

4.4     You must not disclose your user name or password to any other person.

4.5     You are responsible and liable for any person that uses your Login and password to order products through the Website and agree that we may charge you for all products that we supply to you that have been ordered using your Login and password.

4.6     If you become aware that there has been unauthorised use of your login, password or account you must notify us immediately during contact hours on 1300 869 628 or by emailing us at customerservice@toymate.com.au

4.7     You must not use your account for any unauthorised action (including commercial or criminal use).

4.8     You must not sell or re-distribute access to the Website to another person.

5. Warranties

5.1     You warrant that:

a)    you have and will comply with these terms and conditions, all relevant regulations and laws relating to your use of the Website and placement of orders to us.

b)    All the information supplied by you through the Website, inclusive of information supplied in your account registration, is accurate, true, complete and current.

c)     That any person receiving the product at your designated delivery address or collecting product on your behalf has been authorised by you to do so.

5.2     If posting comments or opinions on our Website you warrant that:-

a)    You are entitled to post the comments on our Website and have all necessary licenses and consents to do so

b)    Your comments do not represent a breach of privacy of any individual, any law or any third party’s intellectual property rights

c)     The comment or material does not contain any defamatory, libellous, offensive, indecent or unlawful content.

d)    The comments do not promote or solicit business, commercial activity or illegal activity.

 

6. Cookies

6.1     A cookie is a small data file that is stored in your web browser that a website can retrieve on subsequent visits to the website.

6.2     We use Cookies in interaction with your web browser. This is to provide you with a website experience that is customised to your interests.

6.3     You can choose whether to accept cookies within the settings/configuration of your web browser.

1. Third Party Websites

7.1     The Website may contain external links to websites that are controlled by other entities. (Third Party Websites).

7.2     H&D Retail Pty Limited (Toymate) is not liable or responsible for any content on Third Party Websites nor does any link to such websites represent any endorsement or approval of such websites.  

7.3     When accessing these Third Party Websites you do so at your own risk and reliance on any content should be based on your own review and enquiries regarding same.

8. User Generated Content

8.1     Our Website may offer an opportunity for users to post and exchange opinions and information in certain areas of the Website.

8.2     H&D Retail Pty Limited (Toymate) does not filter, edit, publish or review comments prior to their presence on the website.

8.3     Any user generated comments or material does not reflect the views and opinions of H&D Retail Pty Limited (Toymate), its agents or affiliates. Comments reflect the views and opinions of the person posting their views and opinions.

8.4     To the extent permitted by law, H&D Retail (Toymate) shall not be liable for the comments or for any liability, damages or expenses caused or suffered as a result of any use, posting of or appearance of the comments on the Website.

8.5     H&D Retail (Toymate) reserves the right to monitor all comments and to remove any comments which may be considered as inappropriate, offensive or represents a breach of these terms and conditions.

9. Orders and returns

9.1     Unless defined under these Terms and Conditions or otherwise agreed by H&D Retail Pty Limited (Toymate) no cancellations or changes to Orders (once placed) will be accepted. It is your responsibility to check that your order is accurate prior to submission.

9.2     Unless expressly stated or agreed by us, delivery fees will not be refunded for Change of Mind returns.

9.3     Product returns or exchanges will only be accepted in accordance with our Exchange/Returns Policy which forms a part of these Terms and Conditions

9.4     Our goods come with guarantees that cannot be excluded under the Australian Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced within a reasonable time if the goods fail to be of acceptable quality and the failure does not amount to a major failure

10. Deliveries

10.1  Any referenced delivery times are estimates only and may be subject to delays relating to postal/courier services and Force Majeure events for which We bear no responsibility.

10.2  Dependant on the delivery service, a signature may be requested at the time of delivery. Refusal to provide a signature will be taken as a refusal to accept the delivery.

10.3  Please note that unless expressly noted on the product information page, no unpacking, installation or assembly service is included in the delivery fee. 

11. Risk and Title

11.1  Risk and title in a product passes to you at the time and date of delivery to your nominated delivery address, including unattended deliveries to your nominated delivery address.

1. Your Privacy

12.1  Your privacy is of the utmost importance to Us, and we take the protection of your personal information very seriously.

12.2  Your personal information will be treated in compliance with the Australian Privacy Principles

12.3  For more further details of how we manage your personal information, please see our Privacy Policy

1. Product Recalls

13.1  Customer safety is important to us. If a product is the subject of a safety recall, a notice will be placed in the Product Recall section in the footer of our Website.

13.2  The recall notice will provide information regarding the recall and instructions on how to obtain a remedy.

13.3  You consent to us contacting you, using the contact details provided on your account to notify you of a product recall, by email, phone or post.

14. Liability

14.1  H&D Retail Pty Limited (Toymate) uses its best endeavours to ensure content is as accurate as possible but does not warrant or guarantee that information, product descriptions or other website content is accurate, current, complete, reliable or free from errors.

14.2  To the maximum extent permitted by law We exclude all implied conditions and warranties (statutory or otherwise) in relation to these User Terms and the Website.

14.3  H&D Retail Pty Limited (Toymate), its related entities and affiliates will not be liable to you for any incidental or consequential loss, damages or claims and expenses arising from the use of the Website , the supply of goods or these User Terms unless such loss occurs as a result of our wilful misconduct or negligence..

15. Termination of Use

15.1  You may cease using the Website at any time and for any reason.

15.2  We reserve the right at our discretion, to suspend or terminate your account and your use of the Website at any time and for any reason without notice. Such termination or suspension will not affect the rights or liabilities of either party.

16. Severability

If any part or provision of these Terms and Conditions is held to be unenforceable or invalid, it will be removed with the remainder of the Terms remaining in force. 

17. Governing Law

These Terms and Conditions are governed by the laws of New South Wales. For any dispute arising from use of the website, both parties submit to the exclusive jurisdiction of the courts of New South Wales. 

18. Definitions

The following definitions apply to these Terms and Conditions

Account – Means your Toymate account through which you place your online orders.

Delivery Address – means the address you have nominated in your account/order for goods to be delivered to.

Delivery Fee - means the fee for delivery of the goods to your nominated delivery address.

Force Majeure – means an event that delays or prevents the fulfillment of our contractual obligations attributable to (but not limited to) an act of God, natural disaster, act of war, riot, act of terrorism, epidemic or pandemic (such as COVID 19) or other unforeseeable event out of our control.

Law – means any form of regulation or policy recognised and enforced by judicial decision.

Privacy Policy – means the Toymate Privacy Policy

Privacy Principles – means the 13 Australian Privacy Principles which form part of the protection framework in the Privacy Act 1988 (Cth), governing the standards, rights and obligations relating to the collection, use, disclosure, access to and correction of personal information.

Exchange and Returns Policy – means the Exchange and Returns Policy found at https://toymate.com.au/exchange-returns/

Website – means the sites available from Toymate.com.au

We, us or Our – means H&D Retail Pty Limited (Toymate)

You or Your – means you as a user of the Toymate.com.au website or purchaser of goods from the Toymate.com.au website.