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Terms of Sale

 

TERMS OF SALE

1. Overview

This website is owned and operated by Toshi Australia Pty Ltd ABN 48 267 865 345 (Toshi, we, us or our).

These terms and conditions of sale (Terms of Sale) apply to any products you purchase from this website.

2. Prices and payment

You are responsible for paying our charges for the products (including any delivery charges) as shown on our website when you place an order.

Unless otherwise stated, the prices shown on the website are in Australian dollars.

3. Orders

We will generally accept any order you place for a product on this website. However, we reserve the right reject an order or refuse to supply the product:

(a)   if we do not have adequate stock of the product;

(b)   there is an error in our published price or our description or image of the product; or

(c)   for any other reason.

4. Change of mind returns

If you change your mind about a product you purchase from us, you are entitled to return it on the following conditions:

(a)   you return it to us within a reasonable period. We will usually require you to return it within 14 days of the date we deliver it to you;

(b)   you return it to us in a saleable condition in its original packaging with the original tags and labels attached;

(c)   the product has not been worn or used;

(d)   you give us proof (such as a receipt) that you purchased the product through our website;

(e)   you notify us of the return (including the reason for the return) in the returns section of our website; and

(f)    you return it to our nominated address for returns as stated in the returns procedure of our website.

When you return the product on these conditions, we will allow you to exchange the product for another product of the same value or give you a credit or refund.

5. Faulty product returns

You are also entitled to return a product to us if:

(a)   it is faulty or is not of acceptable quality, or

(b)   it is not fit for its intended purpose, or

(c)   it does not match the sample or our description.

However, you may only return the product to us on the following conditions:

(a)   the fault is not caused by misuse of the product; and

(b)   you give us proof (such as a receipt) that you purchased the product through our website.

When you return the product on these conditions, we may repair the product or allow you to exchange the product for another product of the same value or give you a credit or refund.

Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair goods.

6. Return costs

Unless otherwise agreed, you are responsible for paying the cost of returning products to us including the postal or delivery charges.

7. Consumer guarantees

As a consumer, you are entitled to statutory consumer guarantees in Australia.

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.

Nothing in these terms and conditions is intended to restrict your rights under consumer laws.

8. Limitation of liability for products

Where you purchase our products other than for personal, domestic or household purposes, we limit our liability in relation to the sale of products to you as follows:

(a)   apart from any warranties required by law, in these Terms of Sale or any express guarantees, we exclude all warranties and guarantees (whether written or oral);

(b)   our liability for any claims (whether for negligence, breach of contract or statute) is limited at our option to either:

·     replacing the products or supplying equivalent products; or

·     repairing the products; or

·     paying you the cost of having the goods replaced or repaired.

We are not liable for any indirect, incidental, special and/or consequential losses, liability, costs or damages; any loss of business opportunity, production, profits or savings; or any reasonably foreseeable losses.

However, this limitation of liability does not apply if it would restrict, modify or exclude your rights in a way that is not permitted under the Australian Consumer Law or other applicable laws.

9. Delivery

We will use reasonable endeavours to deliver the products to you in accordance with the delivery times indicated on our website. However, delays may occur and we will not be liable for any losses you suffer as a result of a delay or failure to deliver the products. 

When an order is shipped outside of Australia you may be charged duties or taxes by your local government before the items will be released to you, as these are beyond our control please check with your local customs department prior to ordering should you have any concerns.

10. Governing law and jurisdiction

These Terms of Sale are governed by the laws of Victoria, Australia.

You agree that the courts of Victoria, Australia (and its appellate courts) have exclusive jurisdiction to resolve any disputes about the supply of our products to you or otherwise under these Terms of Sale.