Terms and Conditions
It is a term and condition of accessing and utilising the Toys For Men website (“www.toysformen.com.au”), which is the trading name for Toys For Men, that Toys For Men provides all the material published on www.toysformen.com.au. Your statutory rights as a consumer are not affected.
The Toys For Men website is owned and maintained by Toys For Men, a company registered Australia, and our main trading address PO Box 158, Park Holme, South Australia 5043.
This page, together with our Shipping Policy and Returns Policy, tells you information about us and the legal terms and conditions on which we sell any of the products listed on our website to you.
These terms and conditions will apply to all and any purchases made by you through Toys For Men. Please read these terms and conditions carefully and make sure you understand them before ordering any products from our site. Note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to purchase any products from this site.
We modify these terms periodically. We recommend that you review these terms and conditions before every purchase to ensure you understand the terms and conditions which apply at that time.
Age of Consent
By placing an order at Toys For Men, you declare that you are of the appropriate legal age for your jurisdiction to purchase the items. If we discover that you are not legally entitled to order certain goods, we will not be obliged to complete the order.
All orders made by you through the Toys For Men website are subject to acceptance and availability. We may choose not to accept your order for any reason. In the event that we do not accept your order, you will receive an email explaining why, or a phone call where an email address is not provided.
Prices of products are correct at the time of entering information; however, we reserve the right to change prices without prior notice (although we will inform you if any such price change affects your order).
This contract is only formed and becomes effective after a purchase has been made from Toys For Men, and you (the customer) have received an email from Toys For Men confirming your purchase.
To cancel a purchase before it has been sent, and you receive an email with the Australia Post tracking number, contact Toys For Men via email or phone. Our contact information is available on our Contact Us page.
Any material found within Toys For Men including text or images may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site. In addition, the material cannot be used for any other purpose other than for your own personal and non-commercial use.
Toys For Men provides, in good conscious, the Toys For Men website as presented, and does not assure or promise the functionality of the material contained in this site. Toys For Men does not assure representations or warranties of any kind, express or implied, with respect to the Toys For Men or the information or content included in this site.
Use of www.toysformen.com.au
Connected to the use of the Toys For Men website, including any orders of products, in no event will Toys For Men be liable:
- For losses that were not foreseeable to both parties when the contract was made
- For losses that were not caused by any breach on part of the supplies
- For business losses and/or losses to non-consumers
We do not in any way exclude or limit our liability for:
- Death or personal injury caused by negligence;
- Fraud or fraudulent misrepresentation
- Defective products under the Competition and Consumer Act 2010;
You agree to use this site only for lawful purposes, and in a manner, which does not infringe upon the right of, or restrict the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
These Terms and Conditions are governed by the laws of Australia.
Toys For Men reserves the right to amend these terms and conditions from time to time.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an Event Outside Our Control (which means any act or event beyond our reasonable control).
If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received, and we will refund the price you have paid, including any delivery charges.
We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.