By visiting ihartTOYS.com, You are accepting and consenting to the practices described in the Terms and Conditions. ihartTOYS Pty Ltd website and related services are made available to You pursuant to the following Terms and Conditions. We may make changes to the Terms and Conditions from time to time, and Your continued Use of ihartTOYS.com following such change shall signify Your agreement to be bound by the modified Terms and Conditions. We provide ihartTOYS.com as a service to its customers.
Please read these Terms and Conditions carefully before ordering Products from ihartTOYS.com. If You do not agree to these Terms and Conditions, please refrain from using ihartTOYS.com.
Company Information
ihartTOYS Pty Ltd, is a company registered in Australia (ABN 43 616 879 488) and operating as ihartTOYS.com ("ihartTOYS Pty Ltd", "we", "us", "our").
Your Eligibility
By placing an order through ihartTOYS.com, You warrant that: (a) You are legally capable of entering into binding contracts; and (b) You are at least 18 years old.
Acceptance of Your Order
Once you have made your choice and Your Order has been placed, you will receive an email acknowledging the details of Your Order. Note, this email is Not an acceptance of Your Order. Unless You cancel Your Order, acceptance of Your Order and completion of the contract between You and ihartTOYS Pty Ltd will be finalised when We despatch the goods to You. The Contract will relate only to those Products We despatch. We will not be obliged to supply any other Products which may have been part of Your Order until the despatch of such Products. The sale contract is therefore concluded in Melbourne, Australia and the language of the contract is English.
We reserve the right Not to accept Your Order and may cancel Your Order at any given time prior to the dispatch of Product(s). In the event of a cancelled order, all funds paid to ihartTOYS Pty Ltd in relation to that order will be returned in full. ihartTOYS Pty Ltd does not accept any responsibility for Orders that are delayed, declined or not accepted due to internet connectivity disruptions.
Security Checks
In an effort to protect Our customers, all orders placed at ihartTOYS.com are security checked for fraud. We advise you to include a valid telephone number and email address when placing Your Order, as we may need to confirm authenticity of transactions. All checks are made for the security and shopping saftey of Our customers. Our Customer Care team may contact You to confirm details relating to the transaction. Note: We will Never ask for your debit/credit card CVV or Passwords. If you receive a call from a company claiming to be Us and they request the above information, We strongly advise Not to share this private information with anyone else. Although it is rare that it would be necessary for Us to cancel an order, We reserve the right to refuse any orders from a customer where We believe fraudulent information has been used for the order.
Consumer Rights
The Terms and Conditions together with all Our policies and procedures will be governed by and construed in accordance with the Australian Consumer Law. If You are contracting as a consumer, You may cancel a Contract at any time within 10 business days, starting on the day the Contract is made. To cancel a Contract, You must inform Us in writing. If You are cancelling a contract in accordance with Our Returns Policy, the goods must be returned to Us at Your cost in brand new condition with no damage or defects present. You have a legal obligation to take reasonable care of the Products while they are in your possession. If You fail to comply with this obligation, we may have a right of action against You for compensation. This provision does not affect your other statutory rights as a consumer.
Payment
Payment can be made by Visa, MasterCard, AMEX, PayPal, Direct Deposit and Afterpay. Payment will be debited and cleared from Your account upon competion of Your Order by ihartTOYS Pty Ltd. If the issuer of Your payment card refuses to authorise payment to ihartTOYS Pty Ltd, We will not be liable for any delay or non-delivery. Product prices include GST.
ihartTOYS.com contains a large number of Products and despite Our best efforts, some of the Products listed on Our site may be incorrectly priced. If a products price is listed by mistake and a Product's correct price is less than Our stated price, We will charge the lower amount. If a Product’s correct price is higher than the price stated on ihartTOYS.com, we will normally contact you before despatching to request whether You want to purchase at the correct price or cancel Your Order. We are under no obligation to provide the Product to you at the lower incorrect price, even after we have sent You a Despatch Confirmation, if the pricing error is unmistakeable and could have reasonably been recognised by You as an error.
Delivery
We always aim to deliver within the time frame set out on ihartTOYS.com, relevant to the time when You place Your Order.
Occasionaly during busy periods or in due to unforeseen circumstances outside of Our control, delivery may take longer than stated to arrive. In these circumstances We will do Our utmost to deliver Your orders to You as soon as possible.
The Products will be at your risk from the time of despatch.
Our courier partners deliver Monday to Friday between the hours of 9 to 5 and do not deliver on Weekends or Public Holidays.
Refunds Policy
If You cancel a Contract:
(a) Prior to the despatch of goods, a full refund inclusive of applicable shipping charges will be issued. (b) Within the 10 day cooling off period after despatch, we will process the refund due to you as soon as possible after receiving the returned Product, less the initial shipping charges and You will be responsible for the cost of returning the Product to Us. (c) If a Product is defective, a full refund inclusive of applicable shipping charges will be issued. For defective product returns, We will provide an AusPost label or arrange collection by courier for larger items, in this instance, You will not be responsible for the cost of returning the item to Us.
For security reasons, we can only refund money received from You using the same method originally used by You to pay for Your Order. All refunds will be issued as soon as possible and, in any case, within 30 days of the day We received Your return, see clause "Refunds Policy" (b) & (c), or confirmation of contract cancellation, clause "Refunds Policy" (a).
Warranty
We warrant to You that any Product purchased from Us through ihartTOYS.com will, on delivery and for the consecutive 12 months, conform in all material respects with the Product description, be of satisfactory quality, and be reasonably fit for the purposes of Use in accordance with the manufacturers usage instructions. All private label branded products sold by ihartTOYS Pty Ltd come with a 12 month Standard Australian Warranty pursuant to these Terms and Conditions. All branded products come with manufacturers warranty (contact manufacturer for warranty details) pursuant to these Terms and Conditions. If You have a warranty claim, We require confirmation in writing. Under our descretion we will repair or replace Your Product after assessing at Our repair centre. We will provide you with an AusPost returns label or arrange collection by courier for larger items when returning under warranty. We do not cover (a) functioning of product due to incorrect installation (b) damage due to incorrect installation (c) damage due to accident (d) damage due to secondary transit or handling (e) alterations to original product (f) inappropriate use and/or abuse of item (g) failure to use items in accordance with the manufacturer's recommendations. This provision does not affect your other statutory rights as a consumer.
Our liabilty
ihartTOYS Pty Ltd will use reasonable endeavours to verify the accuracy of any information it places on ihartTOYS.com, it makes no guarantees, whether express or implied in relation to its accuracy. ihartTOYS.com is provided on an "as is" and "as available" basis without any representation or endorsement made. We make no guarantees of any kind, whether express or implied, in relation to ihartTOYS.com, or any transaction that may be conducted on or through ihartTOYS.com.
We make no guarantees that ihartTOYS.com will meet Your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that ihartTOYS.com or the server that makes it available are free of viruses, bugs or represents the full functionality, accuracy or eligibility of the materials. ihartTOYS Pty Ltd will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through ihartTOYS.com. To the fullest extent permissible under Australian Consumer Law, we disclaim any and all guarantees of any kind, whether express or implied, in relation to the Products available through ihartTOYS.com. This provision does not affect your other statutory rights as a consumer.
You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of ihartTOYS.com and any information provided to or taken from ihartTOYS.com by You.
Nothing in these Terms and Conditions excludes or limits Our liability for; (a) death and personal injury arising from Our negligence (b) fraud or fraudulent misrepresentation (c) economic losses (d) loss of goodwill or reputation (e) defective products under the Australian Consumer Law (f) anything else for which it would be illegal for Us to exclude or attempt to exclude our liability.
Pricing
Prices displayed on ihartTOYS.com are subject to change at any given time without notice. Once an order has been finalised and a contract has formed Product prices cannot be changed and the price of Product cannot be varied except (a) by agreement between You and Us in writing (b) in accordance with clause "Payment" (above).
Our Relationship
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and ihartTOYS Pty Ltd as a result of the Terms and Conditions or Your use of ihartTOYS.com. You agree that You may not and will not hold Yourself out as a representative, agent, or employee of ihartTOYS Pty Ltd, and we shall not be liable for any representation, act, or omission on Your part.
Notices and Waivers
All notices given to Us must be communicated via email addressed to; "The Manager" at, contact@iharttoys.com. We may give notice to you at either the email or postal address You provide to Us when placing Your Order.
No waiver by ihartTOYS Pty Ltd of any of these Terms and Conditions will be construed unless it is expressly stated to be a waiver and is communicated to you in writing in accordange with clause "Notices".
Severability
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be removed from the terms, conditions and provisions, The Terms and Conditions will still be valid to the fullest extent permitted by Austalian Consumer Law.
Entire Agreement
ihartTOYS Pty Ltd have the right to revise these Terms and Conditions (from time to time). You will be subject to the entire agreement between You and ihartTOYS Pty Ltd regarding Your use of ihartTOYS.com. You will be subject to the policies and Terms and Conditions in force at the time that You Order Products from Us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority, or if we notify you of the change to those policies or these Terms and Conditions before we send you the Despatch Confirmation. These Terms and Conditions supersede any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and ihartTOYS Pty Ltd in relation to such matters. In the event any other rules, code of conduct, or other matter posted on ihartTOYS.com, conflicts with the terms of the Terms and Conditions, the Terms and Conditions shall govern. Nothing in this clause "Entire Agreement" limits or excludes any liability for fraud.
Contact Us
If you have any concerns about content or materials which appeas on ihartTOYS.com, please email, contact@iharttoys.com.
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