These Terms and Conditions apply to the use of this web site and in general to the use of Toottoot.co.nz and its services and products, including the purchase of goods over this web site. By using this web site for these or any other purposes, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the web site.
In these Terms and Conditions, "the seller" is Action Toys Limited trading as Toottoot.co.nz and "the buyer" is any legal person purchasing from the seller.
General
1. Where the seller accepts any order from the buyer, these Terms and Conditions (together with acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations of warranties of any kind (either express or implied) forming part of the contract between the seller and the buyer. In particular:
(a) No condition contained in the buyer's order which is inconsistent with, qualifies, or is contrary to these Terms and Conditions shall have any effect unless that condition is expressly accepted in writing by the seller.
(b) No variation, waiver, or cancellation of the buyer's order shall have any effect unless accepted in writing by the seller.
2. The seller's website and any advertising constitute an invitation to treat. An order placed by the buyer to purchase goods comprises an offer to buy on these Terms and Conditions, which the seller may accept by dispatching the ordered goods to the buyer.
Use of Site
3. This web site and all of its contents is provided solely for personal, non commercial (other than for the purchase of merchandise via this site) use by the buyer. No right, title or interest in any materials or software is transferred to you as a result of your use of this site.
Intellectual Property
4. Toottoot.co.nz and Toottoot's logos, product and service names are the property of Action Toys Limited. Copyright is asserted in all the contents of this website and all promotional material produced by or on behalf of the seller. Reproduction or use of any of the contents of this website or the seller's promotional material without the express written consent of the seller is prohibited.
Ordering Procedure
5. The buyer may offer to purchase goods described on this web site for the price specified on this web site.
(a) The buyer's order must contain the buyer's name, email address, credit card details and any other ordering information specified on this web site.
(b) The seller will at its discretion accept or reject the buyer's offer to purchase within 5 working days, and is not required to give reasons for rejecting an offer to purchase.
(c) The buyer may cancel its order (prior to acceptance) by following the cancellation procedure described on this website.
(d) If the seller rejects the buyer's offer to purchase, neither the seller nor the buyer will be under any further liability to the other arising out of the buyer's original offer or the seller's non-acceptance of that offer.
(e) The seller gives no undertaking as to the availability of goods advertised on this web site, but will endeavor to keep the website current.
(f) Payment must be effected in the manner described on the web site. Prices include goods and services tax.
(g) The goods are offered for sale only to persons who can enter legally binding contracts.
(h)
All prices are in New Zealand
dollars and payment must be tendered in New Zealand dollars.
We reserve the right to change prices due to exchange rate movement even after an order has been accepted.
Delivery
6. Any indications of delivery times made by the seller are estimates only. The seller will not be liable for loss caused by any delay in delivery.
7. Delivery shall be made at the address provided by the buyer. If the buyer fails or refuses to accept delivery of the goods, the goods shall be left at the delivery address and delivery shall be deemed to have taken place at that point in time.
Cancellation
8. (a) The buyer may cancel an order up until the time the order has been processed. Any request to cancel an order should be made by emailing toottoot.co.nz. Once an order has been processed, cancellation will not be accepted.
(b) The buyer acknowledges that despite the seller's reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, the seller reserves the right to cancel the transaction, notwithstanding that the buyer's order has been confirmed and the buyer's credit card has been charged. The seller reserves this right up until time of delivery of goods to the buyer. If a cancellation of this nature occurs after the buyer's credit card has been charged for the purchase, the seller will immediately issue a credit to the buyer's credit card account for the amount in question.
Title, Risk, Shortages and Damaged Goods
9. Risk in the goods shall pass to the buyer once delivery to a courier or freight carrier has taken place. Ownership shall remain with Toottoot.co.nz until payment has been received in full.
10. If there is a discrepancy in the buyer's order when delivered the buyer agrees to notify the seller in writing within 7 days. Failure to notify the seller of any shortfall or discrepancy within 7 days will constitute acceptance by the buyer that the order as delivered is correct.
11. The seller's liability for any shortfall or discrepancy in an order is limited to making up the shortfall.
Warranties and Liability
12. The seller is proud of its quality and service, and will refund the purchase price to the buyer if the buyer is not 100% satisfied with the purchase, and returns the product to the seller within 7 days of receipt. However, the seller shall not be liable to the buyer for any special, direct, indirect or consequential losses or damages, including any loss whatsoever and howsoever arising out of the supply of goods to the buyer.
13. The Consumer Guarantees Act 1993 will not apply where the buyer acquires (or hold itself out as acquiring) goods for the purposes of a business as defined in that Act.
Copyright
14. Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the seller. Other than for the purposes of, and subject to the conditions prescribed herein, the Copyright Act and similar legislation which applies in the buyer's location, and except as expressly authorised by these Terms and Conditions, the buyer may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
(b) commercialise any information, products or services obtained from any part of this web site;
- without the seller's written permission.
Force Majeure
15. The seller shall not be liable to the buyer or to any other person for any loss or damage directly or indirectly arising out of or in connection with any failure to perform any term of these Terms and Conditions where such failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation, or any other cause outside of the seller's reasonable control.
Proper Law
16. These Terms and Conditions shall be governed by New Zealand law. The buyer agrees to submit to the exclusive jurisdiction of the New Zealand courts.
Amendments to Terms and Conditions
17. The seller reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this web site. The buyer's continued use of the web site following such notification will represent an agreement by the buyer to be bound by the Terms and Conditions as amended.
Linked Web Sites
18. This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.
19. The seller is not responsible for the content or privacy practices associated with linked web sites.
20. Links with linked web sites should not be construed as an endorsement, approval or recommendation by the seller of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
Privacy Policy
21. The seller undertakes to comply with the terms of its privacy policy which is available on this web site.
22. The buyer is aware of his/her rights under the Privacy Act 1993 to have access to personal information held by the seller and to request correction to the information and to be informed of action taken in response to any such request and/or to request that there be attached to the information a statement which the buyer can supply to the seller relating to the fact that the buyer has requested a correction. The buyer agrees to pay the seller the reasonable charges requested by the seller in relation to time and attendances involved in complying with the buyer's request in this regard.
Security of Information
23. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While the seller strives to protect such information, the seller does not warrant and cannot ensure the security of any information which the buyer transmits to the seller. Accordingly, any information which the buyer transmits to the seller is transmitted at the buyer's own risk. Nevertheless, once the seller receives the buyer's transmission, the seller will take reasonable steps to preserve the security of such information.
Limitation of Risk for Items Sent for Repair or for Other Reasons
24. No risk or responsibility is accepted for articles not owned by us this includes items delivered from carriers or items personally delivered. We do not accept risk or responsibility for any items claimed to be in or on our premises at any time for any reason.
