Terms & Conditions
This website is operated by Unique Toy City. Throughout the site, the terms “we”, “us” and “our” refer to Unique Toy City. We offer this website, including all information, tools and services available from it, to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, merchants and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of our services.
1. Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state, province or country of residence, or that you are of the age of majority and have given us consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including copyright and consumer protection laws). You must not transmit any worms, viruses or code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your Service.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, without our express written permission.
3. Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.
4. Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part of it) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
All prices are shown in Australian dollars (AUD) unless another currency is selected. Prices exclude shipping unless stated otherwise.
5. Products and Services
Certain products are available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Returns & Refunds Policy.
We have made every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that your computer monitor will display colours accurately. Slight variation between the photographed product and the item received can occur.
We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction, and to limit the quantities of any products we offer. All descriptions of products and product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
6. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or the same billing or shipping address.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers with expiry dates, so that we can complete your transactions and contact you as needed.
7. Optional Tools and Third-Party Links
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, conditions or endorsement.
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we will not have any liability for any third-party materials or websites, or for any other transactions made in connection with them.
8. User Comments and Submissions
If you send us certain specific submissions (for example contest entries) or send creative ideas, suggestions, plans or other materials, whether online, by email or by post, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such comments. We are under no obligation to maintain any comments in confidence, to pay compensation for them, or to respond to them.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights, and will not contain libellous or otherwise unlawful, abusive or obscene material.
9. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
10. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
11. Prohibited Uses
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any international, federal, state or local regulations, rules or laws; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service.
12. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
In no case shall Unique Toy City, our directors, officers, employees, affiliates, agents, contractors, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind arising from your use of the Service or any products procured using the Service. This limitation does not exclude any rights you have under the Australian Consumer Law or other non-excludable statutory rights.
13. Indemnification
You agree to indemnify, defend and hold harmless Unique Toy City and our affiliates, partners, officers, directors, agents, contractors, licensors and service providers from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
14. Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed without affecting the validity of the remaining provisions.
15. Termination
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or by ceasing to use our site. If in our sole judgement you fail, or we suspect you have failed, to comply with any term of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
16. Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. Nothing in these Terms limits your rights as a consumer under the consumer laws of your country of residence.
17. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.
18. Contact Information
Questions about the Terms of Service should be sent to service@uniquetoycity.com.