The generation and forwarding of an order by you (the "Customer") using www.toughtoys.com.au constitutes an offer to purchase the products from Tough Toys Australia Pty Limited ("Tough Toys"). All orders are subject to acceptance by Tough Toys, and are otherwise subject to its general terms and conditions of sale.
The display of products and prices on www.toughtoys.com.au does not constitute an offer by Tough Toys to unconditionally supply the products at displayed prices. All products and prices shown are indicative only, and are subject to product availability and price changes. Tough Toys reserves the right to cancel orders and refund customers' money because of pricing errors (or for any reason).
All product descriptions are either provided directly from the product manufacturer, or based upon information provided directly by the product manufacturer. As a reseller only, and to the fullest extent permitted by law, Tough Toys excludes all responsibility or liability for or arising out of any inaccurate or erroneous product description which appears on www.toughtoys.com.au.
All intellectual property rights to www.toughtoys.com.au, including design layout, graphics and content belong to Tough Toys. No copying, modification or distribution of the same is permitted without the prior written consent of Tough Toys.
Access to www.toughtoys.com.au may be terminated at any time by Tough Toys.
Tough Toys shall not be responsible for any errors or omissions contained in or on www.toughtoys.com.au. The Customer relies on the information contained in www.toughtoys.com.au at its own risk. The information in www.toughtoys.com.au is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.
Tough Toys reserves the right to make any changes to the information contained in and the layout of www.toughtoys.com.au, including changes to its product range, ordering mechanisms and ordering terms.
Except in respect of implied warranties which cannot be excluded by law, Tough Toys does not make any representation or warranty about the accuracy, suitability for any purpose, merchantability of, title to or usefulness of the information on and contents of www.toughtoys.com.au or the products it supplies.
Except as may be prescribed or implied by law, Tough Toys shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to www.toughtoys.com.au or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.
Scope: All goods and services ("Products") supplied by Tough Toys Australia Pty Limited ("Tough Toys") are supplied on these terms and conditions.
Order Acceptance: No order shall be binding on Tough Toys until accepted by Tough Toys. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Tough Toys of an order from the Customer. Tough Toys reserves the right to accept any order in whole or in part. Where Tough Toys makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Tough Toys.
Payment Terms: All orders must be paid for via paypal or valid credit card at the time of order placement.
Title to Products: Ownership of the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Tough Toys. Risk in the Products will pass on delivery to the Customer.
Delivery: Tough Toys reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Tough Toys.