Terms and Conditions

Terms and Conditions

The following Terms and Conditions (Terms) and the provisions contained herein govern your rights and obligations in respect to the access and use of the website located at https://www.toybotimportz.com.au (Website) along with your rights and obligations in respect of any purchase from our store; owned and operated by Sjoerd John Flynn trading as Toybot Importz ABN 69 610 273 030 (Toybot Importz, us, we or our).

Website - Terms and Conditions

As a person visiting or accessing the Website (user, you, your or visitor) you acknowledge and agree that you have read, understood and accept all clauses in these Terms and agree to be bound by them. By accepting these Terms you agree that they will apply whenever you use or purchase goods provided by the Website. If you do not agree to these Terms or they are not accepted in full, you do not have permission to access the contents of the Website and therefore must not access the Website or cease to use the Website immediately.

1. Website Access and Use

Acceptance of these Terms grants the visitor a licence to access the website in accordance with these Terms.

The material on the Website including but not limited to the information, names, images, pictures, logos and icons relating to the Websiteis provided on an ‘as-is’ and ‘as available’ basis subject to these Terms without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

The Website allows Users to browse listings of products for sale. These products may be both in-stock items as well as items on pre-order. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any service. Please be aware that at this stage we do not offer international shipping.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

In accessing and using the Website or any Website Content thereof, you expressly acknowledge and agree that:

1.1. you will use the Website for the purpose set out above in this clause;

1.2. we retain complete editorial control over the Website and as such may alter or amend the Website at any time, including ceasing operations of the Website at any time in our sole discretion;

1.3. you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

1.4. we have the right to decide whether, where and how classifieds and other advertisements are listed on the Website and have the right not to include any specific headings, keywords, comments, or annotations with a listing; and

1.5. the Website will not operate on a continuous basis, and may be unavailable from time to time including but not limited to maintenance purposes.

Without limiting the above, you must not;

1.6. use the Website to perform or encourage participation in any illegal activity or engage in any activity that Toybot Importz in its absolute discretion, considers to be inappropriate;

1.7. attempt to reproduce, distribute or retransmit material from the Website in any form or by any medium of communication;

1.8. upload or repost Website content to any other site on the world wide web;

1.9. undertake any type of 'framing” in relation to the content on the Website with other content on any other website;

1.10. attempt to obtain unauthorised access to the Website or portions of the Website that are restricted from general access;

1.11. disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked websites;

1.12. upload, post or otherwise transmit through or on this Website any viruses or other harmful, disruptive or destructive files;

1.13. take any action that includes the use of any data accumulation, tool, robot or spider to compile, disseminate, extract, process, monitor or copy any web pages;

1.14. disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked websites;

1.15. use or attempt to use another's account, service or system without authorisation from that user or Toybot Importz, or create or use a false identity on the Website; and

1.16. transmit through or on the Website spam, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.

Toybot Importz reserves the right to immediately and indefinitely suspend or terminate a user’s access to the Website in anyway considered reasonably necessary if it suspects that the user is engaging in such behaviour.

Toybot Importz does not represent or warrant that the content on the website complies with the laws of any country outside Australia. If you access this website from outside Australia you do so at your own risk and you agree to be bound by the governing laws of Australia. Where you choose to access the Website you are solely responsible for compliance with the laws of your jurisdiction.

2. Pre-ordered Products

A pre-order is a product not yet in stock, but which is scheduled for estimated future release.


Pre-ordering ensures the lowest price possible, also most of the products we sell are ordered in limited quantities so by pre-ordering you will ensure yours is reserved (pending any product cancellations or failure to supply ordered quantity to us). At this stage, pre-orders require full payment for the product in advance.

The Website will provide an estimated date of arrival for pre-ordered products. These dates are generally based upon estimates from suppliers and from this date we add the average shipping duration to Australia.

Products we buy direct from the manufacturers or from Hong Kong or Chinese suppliers are sent via air/sea shipping very soon after release. In the case of sea shipping, such products may have much longer shipping duration due to distribution volume requiring sea shipping.

Please be aware that all estimated dates are estimates only. We may updates estimated dates of arrival once we are notified that products are completed and we have notification of shipping from our suppliers. However, we are not provided with product updates during the manufacturing stage. After placing your pre-order the only updates we may receive are when the products are in transit from the manufacturers to our suppliers.

We are not responsible for product release delays or for the time it takes for products to arrive to us via our suppliers. In placing a pre-order, you understand this fully and accept we are not responsible for any delays in delivery of the products beyond the listed estimated date of arrival. We are not responsible for suppliers’ failure to supply us in full due to shortage of supply.

In the event you choose to cancel your pre-order, the full cost, including shipping, is non-refundable due to administrative costs and other fees incurred by us. We keep our product costs low by ordering in bulk and we are still obliged to pay suppliers for any pre-ordered products initially ordered. We are not able to cancel or reduce quantities from our suppliers once ordered.

In the unlikely event of a pre-order's production being ceased during manufacture, or in the event of quantity shortfalls, any payments you have made will be refunded in full.

You understand that by placing a pre-order you agree to and understand these Terms.

3. Lay-by Agreement

The lay-by arrangement we offer is through PayPal’s Lay-Buy arrangement. If you elect to utilise this lay-by agreement you have agreed to the following terms:

3.1. A non-refundable deposit of 30% minimum is required for payment when the lay-by agreement is accepted.

3.2. Standard lay-by agreements are on a maximum term of two (2) months.

3.3. The standard lay-by agreement may be extended beyond two (2) months but only with the express written consent from us. Any requests for an extension should be made to support@toybotimportz.com.au. Such requests are completely at our discretion. Please ensure you quote your Lay-Buy order number.

3.4. Any standard lay-by agreement exceeding the maximum term of two (2) months(without an approved extension) will result in the cancellation of lay-by agreement and forfeiture of the 30% deposit paid.

3.5. Lay-by agreements may be finalised earlier with at least one (1) weeks’ written notice to support@toybotimportz.com.au. Please ensure you quote your Lay-Buy order number.

3.6. It is your responsibility to ensure that you can meet the regular repayments required under the lay-by agreement. Please ensure that you choose a plan carefully as once the lay-by agreement is accepted, no changes can be made.

3.7. Prices of products under a lay-by agreement are fixed to the price of the product at the time of the acceptance of the lay-by agreement. No discounts will be provided at the time of pick up/delivery of the product regardless of the listed price of the product at the time.

3.8. If you cancel the lay-by agreement then we are entitled to charge you whichever is greater of AUD$30 or the non-refundable deposit of 30%.

In order to use PayPal’s Lay-Buy arrangement, you will need access to your PayPal email address. All confirmation emails and invoices will be sent to the email address associated with your PayPal account. Once a Lay-Buy arrangement has been entered into, we cannot change your email details.

Under PayPal’s Lay-Buy arrangement, we are responsible to you for the following:

3.9. In the event that we propose to stop trading before the lay-by agreement is completed, we must give you notice of our intention to cease trading and must either:


3.9.1. allow you seven (7) days within which to complete the lay-by agreement; or

3.9.2. cancel the Lay-Buy.

3.10. If you cancel the Lay-Buy as a result of our ceasing to trade or the products under the lay-by agreement are no longer available, you will be refunded all monies.

3.11. We shall be entitled to pass-on to you all charge back fees received by any given bank for any charge back you authorise from any given Lay-Buy arrangement.

3.12. We shall not charge you any interest charges, membership fee or service fee on any Lay-Buy sales transaction. Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com (“Lay-Buys”) charge an administrative fee, which is a once-off 0.9% of the total order value at checkout. You will pay this amount to Lay-Buys at checkout at the time of paying the down payment. This fee is an administrative fee and is therefore not refundable.

3.13. We shall have reporting in place for all Lay-Buy arrangements covering down payments made, Lay-Buy period, frequency of payments required, payment amounts required per instalment and a full record of all payments made to-date (amount and date on which the said payments were made).

3.14. We will only dispatch the product/s to you after receiving the final instalment payment for all Lay-Buy arrangements.

Before contacting us to follow up your lay-by agreement, please have your Lay-Buy order number ready.

4. Advertising on the Website

The Website may also contain links to third party websites as well as banners or content added by Toybot Importz on behalf of approved advertisers. Whilst all care is taken in compiling the Website and obtaining warranties by advertisers and related third parties in relation to content we take no responsibility for any content available on any linked website nor do we necessarily endorse, sponsor or approve any such content.

We shall use our reasonable endeavours to comply with any relevant regulations relating to the Website published by the Advertising Standards Authority.

5. Registering as a User

Prior to or during the purchase of any product advertised on the Website, you may register as a user.

This will involve the creation of an online account with us, and the selection of a username and password. Once an account is created, you must keep your personal information and contact details up to date. You accept that Toybot Importz may, on occasion, contact you in order to confirm that your details are up to date.

In registering to become a user you represent that:

5.1. you are over 18 years of age;

5.2. you have the capacity to form a binding contract;

5.3. the information you have submitted as part of your registration is accurate and complete;

5.4. you have never previously had your access to the Website suspended or terminated; and
5.5. your access to the Website does not contravene any relevant law or regulation.

Following registration you are solely responsible for ensuring the confidentiality of your account information, particularly your login details. You will be held responsible for any activity that occurs on the Website under your login details. You must notify Toybot Importz immediately if you suspect there has been any unauthorised access of your account.

Toybot Importz reserves the right to decline to accept your registration at its sole discretion.

6. Intellectual Property

All intellectual property contained within the Website, including:

6.1. all software comprises in the Website;

6.2. all material on the Website (including but not limited to, names, text, logos, photos, graphics, audiovisual works, trademarks, copyrights, confidential information, techniques and concepts, trade secrets);

6.3. the design, layout, look and appearance of the Website; and

6.4. know-how and rights of a similar nature existing anywhere in the world whether registered or unregistered to which ToybotImportz is entitled (legally or beneficially) to the benefit of such rights in relation to the Website, its services and its content;

are owned by or licensed to Toybot Importz and reserved by us and protected by copyright under the laws of Australia and other countries.

Nothing in these Terms constitutes a transfer of any Intellectual Property rights. As a User you acknowledge and agree that:

6.5. as between you and us we own all Intellectual Property rights in the Website;

6.6. that as a User of the Website you will receive no right, title or interest in any circumstances to any such Intellectual Property rights under these Terms;

6.7. Except as necessary for using the Website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, the Website or all Content contained therein, or create any derivative works thereof, and you may not use any of the Content in connection with any commercial endeavours, whether in whole or in part;

6.8. Except to the extent otherwise specifically authorised by us and/or the author or creator of the relevant Content, you may only retrieve and display any Content on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) solely for your personal and non-commercial use;

7. Website Content and Accuracy

In viewing the Content displayed on the Website, you expressly acknowledge and agree that:

7.1. all content posted on the Website or communicated to you from time to time by Toybot Importz are provided for guidance or as reference only. Accordingly, no advice relating to the subject matter of such Website Content is understood to be given to you by Toybot Importz;

7.2. care has been taken to ensure that the descriptions of products for sale on this site are accurate, however Toybot Importz does not in any way guarantee the accuracy, integrity, or quality of any Content posted to the Website and under no circumstances will Toybot Importz be liable in any way for any Website Content, including, but not limited to, any errors or omissions in any Website Content, or for any loss or damage of any kind incurred as a result of the use of any Website Content posted, emailed, transmitted or otherwise made available through or in connection with the Website. You should enquire with us directly to ensure the accuracy and currency of the material you seek to rely upon. You are not entitled to rely and/or act upon such Website Content and/or use them as a basis for any cause of action in law or otherwise and we reserve the right to make corrections at any time, where necessary;

7.3. the Website Content may be subject to change without notice and does not take into account your objectives, personal or commercial situation, requirements or needs, or any statutory obligations or requirements which may be required to be observed in your state or jurisdiction;

7.4. to the fullest extent of the law, Toybot Importzexpressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranty of merchantability, fitness for a particular purpose or correspondence to particular descriptions in respect of any Website Content displayed on the Website;

7.5. there may be instances where access to the website may be interrupted or periods where the website may not be available for access at all; where this is the case Toybot Importzwill not be liable to you whether or not the issues are caused by Toybot Importz, its employees, independent contractors and whether by negligence or any other cause.

7.6. no advice or information, whether oral or written, obtained by you from Toybot Importzor through or from the Website shall create any warranty not expressly stated in the Terms; and

7.7. Toybot Importz reserves the right to remove any content.

8. Liability

You understand and expressly agree that to the fullest extent permitted by law, Toybot Importz, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees shall not be liable to you for any loss or direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, including interruption of business or opportunities, even if ToybotImportz has been advised of the possibility of such damages, resulting from:

8.1. the accessing of, or the inability to access, the Website, the use of, or the inability to use, or the reliance, or the inability to rely, on the Website Content;

8.2. unauthorised access to or alteration of any of your transmissions or data; and

8.3. any other matter relating to the Website or Website Content displayed on the Website or communicated to you.

To the fullest extent permitted by law ToybotImportz expressly excludes all conditions, warranties, representations, liabilities and obligations of any kind, whether express or implied, including but not limited to those related to merchantability, fitness for purpose, or correspondence to description in relation to any and all products or services.

Subject to any relevant legislation which restricts or prohibits the exclusion, restriction or modification of an implied warranty, condition or obligation, Toybot Importz reserves the right to limit its liability in respect of any claim to the refund of an amount equivalent to the price paid for the product or service in question.

9. Privacy

In accepting these Terms you authorise ToybotImportz and any person authorised by ToybotImportz to gather and process personal information provided by you when using the Website. This information includes, but is not limited to information entered directly by you, such as; your name, the name of your business, address, telephone number and email address. It also includes, but is not limited to, information obtained indirectly through your use of the Website such as; sign-in information, product viewing details, website preferences and data.

Toybot Importz may also collect any other personal or financial information about you that you provide us in the course of accessing the Website or any products or services.

With your permission, we may send you emails about our store, new products and other updates. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at support@toybotimportz.com.au

10. Shopify

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s:

10.1. Terms of Service (https://www.shopify.com/legal/terms); or

10.2. Privacy Statement (https://www.shopify.com/legal/privacy).

11. Returns

You can return an item to us for a refund or exchange if you:

11.1. Received a damaged and/or faulty item (not including boxes); or

11.2. Received an incorrect item.

Please note your receipt and/or tax invoice is required upon return/exchange. We will advise you of the approval or rejection of your refund or exchange upon receipt and inspection of the product. You will be responsible for paying for your own shipping costs for returning the product.

12. Refunds

Please allow 3 – 5 business days for your refund to process and appear back in the same account used to place your order.

Please note, delivery and service fees are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

If you have any further queries, please contact us.

Our policy on returns is in addition to your rights under the Australian Consumer Law because we want you to be happy with your purchase. Please read the above carefully to ensure you are fully aware of your rights under this policy and our obligations to you.

13. Disputes

If a dispute arises in relation to these terms or any other matter related to the Website, both parties agree to resolve any dispute promptly and in good faith. Before commencing legal proceedings (other than in urgent circumstances where an injunction is sought) the aggrieved party must notify the other in writing (which may be by email) and we must both attempt to resolve the dispute informally and expeditiously. If you and Toybot Importz are not able to resolve any such dispute, then either party may submit the dispute for non-binding impartial mediation. If the dispute is still not resolved by mediation, you and Toybot Importzmay pursue any remedy available to you or Toybot Importz under the laws of Queensland, Australia.

14. Suspension and Termination

Toybot Importz may, at any time and in its sole discretion suspend or terminate your access to the Website without explanation or justification for the termination.

Where termination of access occurs, ToybotImportz shall not be held liable for any loss, damages or costs incurred by you or any third party as a result of termination.

You agree to indemnify, defend and hold harmless Toybot Importz and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

15. Variation

Toybot Importz reserves the right to vary these terms by publishing revised terms on the Website, with or without notice of such revision, and is not required to provide any explanation or justification for the relevant change. Your continued access to the Website constitutes agreement to these variations.

Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms.

16. Assignment

Toybot Importz in its absolute discretion may assign its interest, rights and obligations under these Terms to any associated entities, related parties or any third party without your consent.

You agree not to assign or otherwise deal in any other way with any of you rights under these Terms.

17. Governing Law

You understand, agree and acknowledge that the courts of Queensland are to have exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with the Terms and for such purposes irrevocably submit to the jurisdiction of the aforesaid courts.

18. Reading Down

If part or all of any clause of these Terms is found to be illegal, invalid or unenforceable, that clause or part thereof, is to be read down or severed to whatever extent necessary to ensure that it is not illegal, invalid or unenforceable. If that is not possible, the offending clause will be severed from these Terms and the remaining Clauses will continue to have full effect, and the parties will reach agreement on a legally acceptable clause to replace that part with regard to the parties original intentions.

19. Waiver of rights

A right may only be waived in writing, signed by the party giving the waiver, and:

19.1. no other conduct of a party (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right;

19.2. a waiver of a right on one or more occasions does not operate as a waiver of that right if it arises again; and

19.3. the exercise of a right does not prevent any further exercise of that right or of any other right.

20. Contact Information

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at support@toybotimportz.com.au.