Terms and Conditions of Sale
This Site is owned and operated by Davey Boys Toys Pty Ltd (ABN 35 162 441 303) (“Davey Boys Toys”).Your use of the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below ("Terms and Conditions"). The Terms and Conditions govern your use of the Site and the materials and information accessible on or from the Site. Please take the time to read these Terms and Conditions now and particularly before placing your order. Your access and/or use of the Site means you agree to be bound by these Terms and Conditions, and an agreement is formed between us and you.
We reserve the right to amend the Site and the Terms and Conditions at our discretion and at any time and without notice to you. Your continued use of the Site after any amendment to the Terms and Conditions constitutes an agreement by you to abide by and be bound by the Terms and Conditions, as so amended. You must not access, browse or use this Site unless you agree to be bound by the Terms and Conditions set out below. If you do not agree with these Terms and Conditions and do not wish to be bound, you must not access, visit or use the Site.
If you have any questions regarding the following Terms and Conditions or any aspect of our online store, you can email us through our Contact Us link on the Site.
1.1. “Australian Consumer Law” means the law as set out in Schedule 2 of the Competition and Consumer Act 2010;
1.2. “Order” means an offer made by you in response to an invitation to treat made by us via the Site;
1.3. “Order Confirmation” means our email to you whereby we accept your Order;
1.4. “Product” means each good advertised on this Site;
1.5. “Site” means the website www.daveyboystoys.com.au;
1.6. “we”, “us” or “our” means Davey Boys Toys Pty Ltd (ABN 35 162 441 303); and
1.7. “you” means you the customer.
2.1. We sell and ship Products within Australia and Internationally
3. Legal Capacity
3.1. The Products on this Site are only available for sale to persons who can make legally binding contracts. You must be over 18 years of age to place an order with us.
3.2. Any Order and/or purchase made by you using this Site is an acknowledgement by you that you accept these Terms and Conditions and you agree that you have entered into a legal contract with us in relation to these Terms and Conditions.
3.3. We reserve the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage we may suffer as a result of a transaction entered into by a minor.
4. Customer Application
4.1. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify us if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.
5. Placing an Order for Products
5.1. You may place an Order for Products in the manner set out in this Site in accordance with these Terms and Conditions.
5.2. By placing an Order through this Site, you make an offer to us to purchase the Products you have selected for the price notified (including the delivery and other charges, fees and taxes) at the time you place the Order.
5.3. No information on the Site constitutes or should be deemed as an offer by us to supply any Products; however we will make every effort to supply Products to you.
5.4. You and Davey Boy's Toys may enter into a contract for the sale and supply of Products by you making an offer via the Site to purchase a Product at the price advertised on the Site by:
5.4.1. placing an Order for the Products using the Site;
5.4.2. you confirming the Order details in accordance with the procedure on the Site;
5.4.3. you making payment in full (plus any applicable delivery charges) on the Site; and
5.4.4. the acceptance of that offer by us by way of delivery of our Order Confirmation.
5.5. If your Order is not accepted by us, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
5.6. We reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any Product, an error in the price of the Product description posted on this Site, or an error in your Order.
5.7. If we reject an order placed through the Site, we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.
6.1. Prices of Products shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices may change at any time without notice to you and are subject to availability.
6.2. We reserve the right to correct any errors published on the Site.
7.1. You must pay for your Products purchased on this website at the time of placing an order.
7.2. All credit card payments for accepted orders are made via Securepay (owned by Australia Post) or PayPal. Payment will be subject to any terms and conditions of that provider. You agree that we are not responsible for processing and the security of your payment and you hereby release Davey Boys Toys from any liability in relation to such payment.
8.1. Subject to your compliance with these Terms and Conditions, we will sell and supply the Products to you as shown on your Order Confirmation.
8.2. We will only deliver Products ordered through the Site to a location where we provide delivery services.
8.3. Products may not be available for immediate delivery. We will endeavour to deliver your Order to you within ten (10) business days of the date you placed your Order. Please note that Securepay or PayPal payments may take up to 1-2 business days to process.
8.4. Delivery times may be greater than ten (10) business days for regional or remote areas.
8.5. The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
8.6. You will be required to be available in person to accept delivery of your Order and the courier may require a signature upon receipt of delivery.
8.7. If you are not available at the address specified by you when the courier delivers your Product, your Product will be dropped off at the nearest Australia Post Office for pick up. The courier will leave a note in your post box notifying you of the missed delivery and where they may be picked up.
8.8. Davey Boys Toys charges a flat rate delivery charge of $8.00 per Order. Delivery charges are non-refundable unless they are because of manufacturing faults.
8.9. If you wish to change the delivery date or delivery address you must contact us via the Site at least 48 hours prior to the dispatch of your Order.
8.10. The delivery times are indicative only and we will not be liable for any failure to observe these delivery times. Actual delivery date will be affected by factors such as clearance of payment, your location and availability of Products or parts of Products.
8.11. We will aim to let you know if we expect that we are unable to deliver within the estimated delivery date but, to the extent permitted by law, we cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
9. Title and Risk in Products
9.1. Title and risk in the Products, such as loss and damage, pass to you on the date and time of delivery.
10. Damaged Products
10.1. You must check any Product delivered to you to determine if it is damaged. If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us through our Contact Us section immediately. If you notice damage to a Product after delivery, and wish to return the Product, you may return the Product to us.
10.2. You must provide us with the invoice we issued to you for your order to return any Products. If you fail to do so, then we may not provide you with a remedy. We will only refund the delivery fee if the Products are determined to be faulty after assessment, and the fault did not arise through any misuse, abnormal use or negligent use of the Products.
11. Returning a Product
11.1. If you are not happy with your Product that was purchased for any reason, we are happy to exchange it or provide you with a credit/gift voucher on your customer account, providing the Product is returned to us within 14 calendar days of delivery, in its original condition and packaging, undamaged and unopened. You must will pay all freight, shipping and handling charges.
11.2. Refunds are at the sole discretion of Davey Boys Toys and must be notified within 30 days.
11.3. If goods are faulty, wrongly described or different from a sample shown, you may choose between a refund or exchange.
12.1. Subject to clause12.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
12.2. Subject to clause 12.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
12.3. Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
12.3.1. in the case of services: the resupply of the services; or the payment of the cost of resupply; and
12.3.2. in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
12.4. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
12.5. Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
13. Force Majeure
Neither party will be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party will be entitled to a reasonable extension of time for the performance of such obligations.
14. Changes to these Terms and Conditions
14.1. These terms may be different in future Orders and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
14.2. We will not change any terms and conditions for an existing order that has been accepted by us; the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.
If Davey Boys Toys merges, sells or otherwise change control of its business or this Site to a third-party, Davey Boys Toys reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Davey Boys Toys has collected from you and any agreements it has made with you.
Our failure to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
19. Governing Law
19.1. These Terms and Conditions will be governed by and interpreted in accordance with the laws of South Australia, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of South Australia, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
19.2. If you access the Site in a jurisdiction other than South Australia, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Davey Boys Toys makes no representations that the content of the Site complies with the laws of any country outside Australia.
20.1. Please see Shipping and Returns Policy for more details of what you agree to when you purchase from our store.