WEBSITE TERMS AND CONDITIONS
Welcome to the NEW Top2toe website.
- You may access and/or use the website as a guest at all times.
- Top2toe reserves the right to not accept an order without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.
Top2toe reserves the right to, at any time suitable, to:
- Amend, update, change or remove any part of this website;
- Stop or suspend the operation of this website for any reason.
You acknowledge and agree that:
- This website and its contents are provided to you on an “as is” basis;
- Although Top2toe uses all information available at the time to confirm the accuracy of any information published on this website, you agree that Top2toe cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Top2toe or by Top2toe’s manufacturers or suppliers changing their product specifications without notice to Top2toe. You agree it is your responsibility to make your own enquiries to verify information provided and to assess the suitability of products before you purchase. and;
- Answers provided to questions published on this website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
Except to the extent required by law:
- Top2toe makes no representations or warranties of any kind as to the operation or availability of this website or the information, content or materials included on this website, and all implied representations or warranties in relation to the operation or availability of this website or the information, content or materials included on this website are excluded; and
- The information, materials and services in this website is provided as a recommendation and for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via the “CONTACT US” form;
- This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
- This website and its contents are subject to copyright. The copyright is owned by Top2toe, or in the case of some material, third parties.
- You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this website is prohibited.
- Top2toe nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold Top2toe liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
YOUR LEGAL RIGHTS
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Top2toe represents they will be fit for, and that the Goods will correspond with any relevant description.
PRICING & TAXES
- Prices for Goods are as shown on the Website. Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
- In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.
- If Top2toe agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart. You will also be responsible for any foreign taxes or duties that apply including, without limitation, any customers or import duties.
- By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
- All payments must be made in full prior to delivery.
- Payments details must be provided via the secure online payment form facility accessible via the website.
- Payments are made via merchant facilities manually and will be subject to any terms and conditions of your credit card provider.
SUPPLY AND DELIVERY
- Subject to you complying with these Terms and acceptance of your Order by Top2, Top2toe will sell and supply the products to you as shown on your Order confirmation.
- Each Order that you place will, if accepted by Top2toe, be a separate and binding agreement between you and Top2toe with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
- Please ensure that you enter all information carefully when placing an Order. You warrant to Top2toe that all information provided by you in relation to each Order is complete, true and accurate.
- Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Top2toe. Top2toe will use reasonable endeavors to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
- Products may not be available for immediate delivery. Top2toe will endeavor to process your Order within ten (10) working days of the date you place your Order (this does not include delivery times as this is out of our control).
- Delivery times may be greater than 10 business days for regional or remote areas.
- Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be placed ‘on hold’ and we will contact you.
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Top2toe will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Top2toe, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Top2toe cannot consolidate separate Orders into one delivery.
- Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the goods are being dispatched from different locations; or where the Goods are of different types (e.g a mixture of items).
- Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
- Where requested, Top2toe will deliver to PO Boxes in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box and you have input a PO Box as the delivery address when placing your Order, Top2toe will contact you to arrange an alternative delivery address.
- Following dispatch of your Goods, Top2toe will email you with confirmation of dispatch.
- On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods may be taken to a local depot or post office and a calling card containing the relevant contact details may be left at the delivery address.
- If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Top2toe may charge you a reasonable fee for doing this.
- If you have any query about the progress of your Order please contact the customer service team on firstname.lastname@example.org. Please have your Order number handy as shown on the email confirmation.
Once you receive your order
- You should check your Goods as soon as they are delivered to you in order to ensure that your Order is:
- what you ordered;
- not damaged or faulty.
CANCELLATION OF ORDERS
You may cancel your Order only where Top2toe:
- Has breached a material term of this Agreement;
- Is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods;
- Where Top2toe cancels your Order after acceptance, it will send you an e-mail notifying you of cancellation;
- In the event of Top2toe or you cancelling your Order after payment has been processed, Top2toe will refund any money paid in respect of that Order.
RETURNS/FAULTY OR DAMAGED GOODS
Due to the nature of the goods sold, and under the Health ACT, Top2toe cannot accept returns if:
- Packaging has been opened;
- Personal allergies/reactions that are through no fault of the quality of the Goods.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Top2toe will not refund the original delivery costs relating to the return of non-faulty product(s).
When returning faulty Goods:
- Please provide Top2toe with your proof of purchase;
- Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit;
- You are not entitled to any refund or exchange just because any external packaging is damaged in transit. This packaging exists to protect the Goods themselves.
REFUND OF YOUR MONEY
- Where Top2toe is obliged to refund your payment pursuant to these Terms and Conditions, Top2toe aims to initiate your refund within 7 business days (Monday – Friday 9.30 am to 4.30 pm Sydney time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Top2toe will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.