1. Terms of Website Use
The Terms of Use
Thank you for shopping with us. Please read these terms and conditions before accessing or using the website. The website toymodo.com.au (referred to as the “Website”) is provided by Wandertinker Trading Pty Ltd (ABN 22 669 996 365) trading as Toymodo (Toymodo, “us” or “we”)
By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions (“Terms of Use”). If you do not agree to the Terms of Use, please do not use this website.
Ownership of Website and Content
Toymodo owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Toymodo or of the relevant trade mark owner.
Security
Toymodo cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.
Third Party Content
This website contains information from or hyperlinks to websites operated by third parties. Toymodo provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website.
Revisions
Toymodo may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.
Liability
Toymodo provides this website and its contents on an “as is” basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Toymodo will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.
Your Privacy is Important
We are committed to protecting the privacy of everyone who shops or interacts with us. Toymodo’s Privacy Policy sets out our commitment to you on privacy, including our use of “cookies”.
Governing Law
Toymodo operates this website from its offices within Australia. The laws of the State of New South Wales govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of NSW. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.
2. Terms of Product Purchase
The Agreement
In addition to the Terms of Use, these terms and conditions (“the Purchase Terms”) set out the additional terms and conditions under which you may purchase from Toymodo products appearing on this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and Toymodo once Toymodo accepts an order. Each accepted order is a separate agreement.
Customer Application
You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Toymodo if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.
Orders
You place an order with Toymodo by selecting products and pressing the “purchase now” or “place order” button on the checkout page. Toymodo reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Toymodo at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Toymodo upon Toymodo acknowledging such order or failing to reject such order within 14 days. We only accept orders from mainland Australia.
Product Availability
Toymodo uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and Toymodo may need to reject an order you have placed for a product where Toymodo establishes that it is actually unavailable for delivery. In such cases Toymodo will refund in full all amounts you paid in respect of such unavailable product. Toymodo cannot provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.
Payment
You must pay for your products purchased on this website at the time of placing an order. We accept Paypal and all major credit cards including Mastercard, American Express, and Visa.
Variation of Products and Price
Toymodo may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full.
Delivery
Delivery terms included delivery areas, delivery costs and estimated delivery times are contained in Toymodo’s Shipping Policy. The Shipping Policy is expressly incorporated in these Purchase Terms. Please note that to purchase products, your delivery address must be within a suburb where Toymodo provides delivery. Orders will not be processed for delivery to an address in a suburb not in Toymodo’s delivery area. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.
Returns
Return claims (including for replacement products, refunds or credits) are detailed in Toymodo’s Returns Policy. The Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.
3. Customer Product Review terms and conditions
These Terms of Use govern your conduct associated with the Product Review service (the “PR Service”) offered by Toymodo. To the extent of any conflict between Toymodo’s Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the PR Service.
By submitting any content to Toymodo, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 18 years old;
- use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Toymodo (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Toymodo (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at Toymodo’s sole discretion. Toymodo reserves the right to change, condense or delete any content on Toymodo’s website that Toymodo deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Toymodo does not guarantee that you will have any recourse through Toymodo to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Toymodo reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Toymodo, are responsible for the contents of your submission.
None of the content that you submit shall be subject to any obligation of confidence on the part of Toymodo, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your rating and review, you agree that Toymodo and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
By submitting your review you are also consenting to the use of your name, to be published in conjunction with your review.