These terms and conditions apply to your use of this website (www.toylandgeraldton.com.au) . By using this site you acknowledge that you have read and understood and agree to be bound by these terms and conditions.
Our Privacy Statement is set out on the site and shall apply to you and how you use the site and our service.
Amendments to terms and conditions
We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on the site.
Any order made through the site is an offer by you to purchase those items for the price (together with all applicable Delivery Fees and Taxes) at the time the order is placed. If we need any further information or details you must provide them. It is our responsibility to comply with all Applicable Laws (including any minimum age requirements) whilst ordering. We may cancel the whole or any part of an order (including any orders that we have accepted) at any time without any liability to you if: (a) any product in the order is not available; (b) there is an error or omission in the price or description of any product in the order on the Site; (c) payment in respect of the order is unable to be processed. If we cancel any order we will try to let you know as soon as possible.
Delivery of Products
We can only deliver certain items on the site within Australia. You agree to comply with all delivery requirements. You acknowledge and agree that any person at the delivery address who receives the Products is authorised to receive the order.
All returns of items are subject to our returns policy.
Fees and Charges
You will be charged (and agree to pay) the price of each item together with delivery fees and taxes. Prices for products are subject to change from time to time. We are not obliged to match any prices in our stores or those of any third party.
All payments are made by a secure server, which will encrypt each transaction as a security precaution, and all payments must be made in Australian Dollars only. You may pay for an accepted order using Your (a) Visa; (b) MasterCard; (c) Debit cards displaying a Visa or Mastercard logo; (d) PayPal ;
If we can’t successfully process payment for the order, then we may reject or cancel your order.
You acknowledge that despite all reasonable precautions on our behalf, there is a risk of unauthorised access to, or alteration of, your transmissions of data or of information contained on your computer system or on the Site. We accept no liability for any loss which you may suffer or incur as a result of such activity.
To the maximum extent permitted by law, We shall not be liable for any Loss (including loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by You arising from or in connection with: (a) Your access to, or use of, the Service, the Site, any Materials, or any linked site; (b) any decision or action taken by You in reliance on any Materials; (c) any error or defect in the Site or the Service; or (d) any order for Products. The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded.
To the fullest extent permitted by law, Our liability under any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into this Agreement by any legislation (Statutory Warranties) is hereby excluded. Where We are liable under any Statutory Warranties, and any legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such Statutory Warranties, Our liability for any breach of such Statutory Warranties shall be limited, at Our option, to one or more of the following: (a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and (b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again. You acknowledge and agree that reliance by Us on this limitation of liability is fair and reasonable in all the circumstances.
We accept no liability for any delay or failure to perform Our obligations under this Agreement if such a delay or failure is due to circumstances beyond Our reasonable control.
You agree to indemnify, and keep indemnified, Toyworks Pty Ltd (T/A Toyland Geraldton), its officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified in connection with: (a) any breach of any obligation or warranty under this Agreement by You; (b) any wilful misconduct by You; or (c) any negligent act or omission by You.
All copyright in the Materials (including, without limitation, text, graphics, logos, icons, sound recordings and software) are owned by Toyworks Pty Ltd (T/A as Toyland Geraldton. Material procured from a third party may be the subject of copyright owned by that third party. Trade Marks