Terms & Conditions

Terms & Conditions

This web site is owned and operated by JL & MT Trading Pty Ltd trading as Toot Toot Toys

ACN 162 740 605
ABN 27 162 740 605

All purchases and use of the web site is conditional on the acceptance of the terms and conditions. Any use of the web site shows your acceptance of the Terms and Conditions. If you do not agree to these Terms of Use you may not use this web site.

Toot Toot Toys reserves the right, at any time, without notice, to modify or update these Terms of Use, and use of this web site after any change to these Terms of Use constitutes your acceptance to be bound by such modifications or updates. Users are advised to read these Terms of Use each time they access the web site for any changes. "Toot Toot Toys", as used in this notice, refers to the registered business Toot Toot Toys.

Use Of Web Site

Toot Toot Toys grants you a limited, revocable and non-exclusive license to access and make personal use of this web site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Toot Toot Toys. This license does not include any resale or commercial use of this web site or its content; any collection and use of product listings, descriptions, or prices; any derivative use of this web site or its contents; any downloading or copying of account information for the benefit of any other merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This web site or any portion of this web site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Toot Toot Toys. This web site is controlled and operated by Toot Toot Toys, from its offices within Australia. Toot Toot Toys makes no representation that materials in the web site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Comments, Testimonials, and Suggestions

Toot Toot Toys enables site visitors to provide comments, testimonials, and suggestions on the web site. If you submit comments or suggestions to the web site, you grant Toot Toot Toys a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, market, distribute, and display such comments, testimonials, and suggestions throughout the world in any media. Any material, information or idea you transmit to or post on this web site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Toot Toot Toys for any purpose whatsoever, including, but not limited to, marketing products, without any compensation to you. Notwithstanding the foregoing, all personal data provided to Toot Toot Toys will be handled in accordance with Toot Toot Toy's privacy policy.

You are prohibited from posting or transmitting to or from this web site any unlawful, threatening, invasive of privacy, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law, or that Toot Toot Toys deems inappropriate in its sole discretion.

You also grant Toot Toot Toys the right to use the name that you submit with any review or comment, if any, in connection with such comments, testimonials, and suggestions. You will indemnify Toot Toot Toys for any and all claims and liabilities resulting from content you supply. Toot Toot Toys has the right, but not the obligation, to monitor and edit or remove any activity or content. Toot Toot Toys takes no responsibility and assumes no liability for any content posted by you or any third party.

Trademarks

The toys and products contained in on this web site may be trademarked, servicemarked, copyrighted or patented by individuals, entities or associations who are not owned, affiliated, related, or otherwise a part of Toot Toot Toys.

Thomas the Tank Engine & Friendsäand Thomas & Friendsä are trademarks of Gullane (Thomas) Limited. A HIT Entertainment Company. Thomas and the Magic Railroad is a trademark of Gullane (Thomas) Limited. Thomas and the Magic Railroad created by Britt Allcorft. Including Thomas the Tank Engine & Friends. Based on the railway series by the Rev. W. Awdry. All underlying rights worldwide, Gullane (Thomas) Limited.

Toot Toot Toys is a registered Trademark of Toot Toot Toys Pty Ltd. Reg Trademark no. 1246364 and must not be used in any circumstances without our specific prior written approval.

Disclaimer of Warranties

Toot Toot Toys does not represent or warrant that the information accessible via this web site is accurate, complete, reliable or current. Price and availability information is subject to change without notice. Furthermore, to the maximum extent permitted by law, Toot Toot Toys disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.

Limitation On Liability

All risk in the products will pass to you, the customer, on dispatch. You are responsible for any government imposed taxes, duties or other liabilities, or any additional charges that may be incurred as a result of your purchase. Toot Toot Toys is not responsible for any loss or damage to products caused via transit.

Title

All products remain the property of Toot Toot Toys until full payment has received by Toot Toot Toys.

Your Account

If you use this web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Web Sites and Linking

This web site may include links to other sites on the Internet that are owned and operated by third party vendors and other third parties ("external sites"). By using the Toot Toot Toys web site, you acknowledge that Toot Toot Toys is not responsible for the availability of, or the content located on or through, any external site. If you should have any concerns regarding such links or the content located on such external sites, please contact us for those external sites directly. Toot Toot Toys permits third party links to its web site provided that Toot Toot Toys is provided with advance notice of such links and does not thereafter object to such linking. If you would like to link to our web site, you must receive prior written consent from Toot Toot Toys.

Viruses

Toot Toot Toys does not declare that any information on this web site including files, pictures, logos, any links to other web sites, files (etc.), or any other part of this web site or linked web site is free from Viruses, Trojans, defects, or any other faults. It is wholly the responsibility of anyone using this site to ensure to scan for viruses or other faults. Toot Toot Toys will not be liable in any way to any damage or loss (whether direct, indirect, consequential or economic) caused by the use of this web site however that damage be caused and whether or not that damage is caused by negligence.

Applicable Law

This site is created and controlled by Toot Toot Toys. Your use of this site is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Victoria, Australia.

This site may be accessed throughout Australia and overseas. Toot Toot Toys makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

Copyright

No individual or company may use this web site for any other purpose other than purchasing goods. No part of the web site may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Toot Toot Toys.

Prices/Currency

All prices shown on this site are listed in Australian currency and all transactions are settled in Australian dollars [$AUD]. If you are ordering from a country other than Australia, and your bank account or credit card is held in a different currency, you can order by credit card and your currency will automatically be converted to Australian dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. A currency conversion fee may also be charged to you by your bank. The final charge to your credit card is made in Australian dollars and your bank or credit provider determines the ultimate conversion rate. Toot Toot Toys are not able to take responsibility for the final amount charged to your card.

GST (Goods and Services Tax)

All Prices displayed are inclusive of Australian Goods and Services Tax (GST) applied at the rate of 10%. Shipments to an address outside Australia and its Territories will have the GST component removed.

Capacity

The products available on this web site are only available for sale to persons who are capable of making legally binding contracts. The products are not available to anyone under the age of 18 year and any other person who are legally prohibited from entering into binding contracts.

Delivery & Pickup

All shipments are made by Australia Post or other couriers. All risk of the delivery will be passed to the customer once the items have been provided to Australia Post or other courier.

Alternate delivery arrangements may be arranged with Toot Toot Toys. Any additional costs would be charged to the customer.

Please see our Delivery Options for more information.

Order cancellation by Toot Toot Toys

We reserve the right not to provide goods or services or cancel orders at our sole discretion at any time and will not be held liable for loss or damage arising from the exercising of these rights.

Refunds

Please see our Returns Policy for further information.

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