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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.
This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our website (Site). In this Privacy Policy we, us or our means IHARTTOYS Pty Ltd ABN 43 616 879 488.
Personal information
The types of personal information we may collect about you include:
your name;
your contact details, including email address, shipping address, billing address and/or telephone number;
your date of birth;
your credit card or payment details;
your preferences and/or opinions;
details of products and services we have provided to you and/or that you have enquired about, and our response to you;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
any other personal information requested by us and/or provided by you or a third party.
We may collect these types of personal information directly from you or from third parties.
Collection and use of personal information
We may collect, hold, use and disclose personal information for the following purposes:
to enable you to access and use our Site, associated applications and associated social media platforms;
to contact and communicate with you;
to deliver your order to you;
for internal record keeping, administrative purposes, invoicing and billing purposes;
for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
to offer additional benefits to you;
for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
to comply with our legal obligations and resolve any disputes that we may have; and
to consider your employment application.
Disclosure of personal information to third parties
We may disclose personal information to:
third party service providers for the purpose of enabling them to assist us in providing our services to you, including (without limitation) our delivery partners, professional advisors including accountants, IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, and payment systems operators;
our employees, contractors and/or related entities;
our existing or potential agents or business partners;
sponsors or promoters of any competition we run;
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data outside of Australia; and
third parties to collect and process data, such as Google Analytics. This may include parties located, or that store data outside of Australia.
Where we disclose your personal information to third parties, we will ask that the third party handle your personal information in accordance with this Privacy Policy.
By providing us with personal information, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy law. You acknowledge that some overseas third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.
How we treat personal information that is also sensitive information
Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.
We do not currently collect sensitive information. If we do collect sensitive information, provided you consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected.
Sensitive information may also be used or disclosed if required or authorised by law.
Your rights and controlling your personal information
Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.
Unsubscribe: If you don’t want to hear from us any more, that is ok! To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
Cookies and web beacons
We may use cookies on our Site from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.
Links to other websites
Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.
For any questions or notices, please contact our Privacy Officer at:
IHARTTOYS Pty Ltd ABN 43 616 879 488
Email: contact@iharttoys.com
Last update: 4 September 2019
© LegalVision ILP Pty Ltd
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