Terms & Conditions
TOYOTA MERCHANDISE TERMS OF ONLINE SALE
These terms and conditions (Terms) constitute a legally binding contract between the customer (“you”) and Toyota Motor Corporation Australia Ltd (ACN 009 686 097) (Toyota Australia, we, us, our) and apply to the sale of Toyota Australia merchandise (Products) via this website.
1. ORDERS
1.1 Please read these Terms carefully before placing an order for any products.
1.2 By placing an order for Products you agree to these Terms.
1.3 You can place an order by adding an item to your cart, proceeding through the checkout and clicking ‘Place Order’.
1.4 By placing an order you: (a) make an offer to buy the relevant Products for the stated price plus the applicable delivery charge in accordance with these Terms; (b) warrant that the Products are intended for personal, domestic, non-commercial use; and (c) warrant that you will not on-sell or copy or replicate any Products you buy on this website.
1.5 We will be deemed to have formally accepted your offer when your order payment has been approved by us and we have debited your credit card.
1.6 Until we confirm your order, we may reject your order in our absolute discretion. We may reject orders for commercial quantities of Products. If you wish to order commercial quantities of Products please contact us at toyotamerchandise@toyota.com.au
1.7 Each order accepted by us will be a separate and binding agreement between you and Toyota Australia for the supply of the relevant Products in accordance with these Terms.
1.8 You must provide accurate and current information when ordering your Products. You are responsible for checking the size, options, colours, materials and other relevant information that you submit with your order.
1.9 By submitting an order, you represent that all Products, sizes, quantities and component variables listed in the order are correct.
2. YOUR LEGAL RIGHTS
2.1 Your purchase of Products will be subject to certain laws including, without limitation, the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL).
2.2 Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for 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.
2.3 Nothing in these Terms is to be read or applied so as to exclude, restrict or modify any guarantee or other right or remedy in the ACL or other law which cannot by law be excluded, restricted or modified.
3. PRICING & TAXES
3.1 Prices are as shown on this website.
3.2 Toyota Australia reserves the right to change the prices of Products at any time without notice to you. The price displayed at the time that you place your order will continue to apply to you even if the price changes before your order is accepted by us.
3.3 Prices will be displayed in Australian dollars. All Products sold in Australia will be subject to GST and prices displayed will include GST. You are responsible for paying any applicable taxes.
4. CANCELLATION
4.1 You may not cancel a confirmed order for change of mind.
4.2 You may cancel or change a submitted order for any reason provided it has not yet been confirmed by us. In that situation, we will use reasonable endeavours (but are not required) to cancel or change the order if it has not already been supplied or shipped.
4.3 You may cancel a confirmed order if we are unable to deliver your Products within a reasonable time of the estimated delivery time, but you are not entitled to do so if you caused the delay (e.g. if you supply incorrect delivery information).
4.4 Except to the extent required by the ACL or other applicable law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered or incurred due to order information being incomplete or inaccurate.
5. PAYMENT
5.1 You must pay for Products at the time of submitting your order.
5.2 Your payment will be processed by NAB (ABN 12004044937) using an online payment system provided by NAB . You order will not be processed unless and until we receive payment in full in respect of your order.
5.3 We may not be able to, or may decline to, accept payment from you at any time for any reason including, without limitation: (a) if your payment is declined; (b) our payment system provider’s systems are offline or otherwise are not working; or (c) if payment systems identify irregularities. Such orders will be placed on hold subject to resolving the underlying cause of the payment issue within a reasonable time. If the issue is not resolved within a reasonable period, we may cancel your order.
5.4 Our transaction provider employs technology to protect transactions on this website. However, we will not be liable for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner on this website.
6. DISCOUNTS AND PROMOTIONS
Discounts will be applied only after any credit(s) (whether account credits or gift card credits) have been applied. Promotional offers cannot be used in conjunction with gift certificates. Only one promotional offer can be used per order. All discounts and promotions are subject to the terms on which they are offered and all claims are subject to verification by us.
7. DELIVERY
7.1 When your order is confirmed, we will nominate an estimated date for delivery of your Products. The date is an estimate only and we do not guarantee delivery by that date. We will try to ship your order to meet the estimated delivery time, but we may vary the delivery date due to changes in supply or other factors beyond our reasonable control. To the extent permitted by law we will not be liable for delay or inability to deliver your order.
7.2 When your order has been completed and dispatched, we will email you to confirm shipment and will notify you of your tracking number.
7.3 If your Products have not arrived by the estimated delivery date, please contact us.
7.4 On delivery, you may be required to sign a proof of delivery document. If no one is at the nominated address to accept the delivery, the delivery agent may leave a card with the address at which the Products can be collected.
7.5 Risk and title in the Products passes to you on the date and time of delivery of the Products to the delivery address provided in your order.
8. REFUNDS
Where we are obliged to refund your payment under these Terms or otherwise at law, we will do so within a reasonable time. The time that it takes for you to receive your refund may depend on your financial institution processing the refund.
9. RETURNS/FAULTY OR DAMAGED PRODUCTS
9.1 Our quality control teams try to ensure that the Products you receive meet our quality standards. You should check your Products as soon as you receive them and ensure that: (i) the order has been filled correctly; and (ii) the Products are not damaged or faulty.
9.2 If Products supplied to you are damaged or faulty or are not the Products you ordered, you must contact and inform us as soon as possible.
9.3 We will refund Products that were damaged or faulty at the time of supply to you.
9.4 Please return the product/s to us in the original condition within 10 days of receipt, including a copy of your receipt, and we will assess your return request, and if appropriate, replace or refund your purchase using the original payment method.
9.5 Please indicate a reason for your return, using the provided detail on your packing slip. Along with this please indicate your preferred action (being replacement or refund).
9.6 All returns should be sent with supporting documentation in original or appropriate packaging to:
Att:
Toyota/Zinc Returns
83-89 Freight Drive
Somerton VIC 3062
10. LIABILITY
10.1 All guarantees, warranties, representations, or other terms and conditions relating to these Terms or the subject matter not contained in the Terms, are excluded to the maximum extent permitted by law.
10.2 Subject to the law, we are not liable, whether in contract, tort (including negligence), in equity, under statute or on any other basis, and whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage, for any: (a) special, indirect, consequential, incidental or punitive damages; (b) damages for loss of profits, revenue, goodwill, anticipated savings; or (c) loss or corruption of data.
10.3 To the extent permitted by the ACL, we limit our liability to you, at our discretion to: (a) the replacement of the Products or the supply of equivalent Products; (b) the repair of the Products; (c) the payment of the cost of replacing the Products or of acquiring equivalent Products; or (d) the payment of the cost of having the Products repaired; or (e) a refund of the purchase price of the Products (including delivery).
11. WEBSITE & PRODUCT INFORMATION
Except as provided by law, the website and the content and information made available on the website is provided "as is" and without any express or implied warranty (whether in relation to accuracy, completeness, currency or otherwise). Errors and changes can and do occur. If you are unsure about any Product information that appears on this website or wish to verify information, please contact us. We recommend that you verify all Product information for your specific purpose before purchasing Products.
12. INTELLECTUAL PROPERTY
12.1 The intellectual property rights in all software and content made available to you on or through this website remains our property or the property of our licensors. The software and content are protected by copyright laws and treaties around the world.
12.2 You may access, use, store, print and display content on this Website solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or any copy of the content which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
12.3 You must not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any content or software supplied by us or our licensors.
12.4 This website contains trade marks that belong to us (Trade Marks). You must not use the Trade Marks except as expressly set out in these Terms unless you have our written permission to do so.
12.5 Any trade marks or trade names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods or services and, in the case of trade mark owners other than us, is in no way an assertion that such goods or services are endorsed by or connected to us.
13. PRIVACY
13.1 Your privacy is important to us. Toyota Australia collects your personal information including your name and contact details and may disclose it to its related bodies corporate, marketing and communications agencies and information technology providers. If you do not provide the personal information requested, we will not be able to complete your order. Some of our service providers and related bodies corporate are located overseas, including our parent company Toyota Motor Corporation in Japan. As a result, personal information collected and held by Toyota Australia may be transferred overseas. In particular, we use service providers located overseas to store customer data, including in the US, UK and Sweden.
13.2 Toyota Australia would also like to keep you informed about its products and services. If you do not want Toyota Australia (or its marketing and communications agencies on its behalf) to contact you for this purpose, please let us know by calling 1800 TOYOTA (1800 869 682) or emailing customerexperience@toyota.com.au.
13.3 Your information will be handled in accordance with Toyota Australia’s Privacy Policy. A copy of Toyota Australia’s Privacy Policy can be accessed at our website at toyota.com.au/privacy. The Privacy Policy explains how you may access and seek correction of the information Toyota Australia holds about you. The Privacy Policy also explains how you may complain about the manner in which Toyota Australia has collected or handled your information and how Toyota Australia will investigate and respond to your complaint.
14. GENERAL
14.1 We reserve the right to amend these Terms at any time. Any amendment will take effect from the time that it appears on this website.
14.2 These Terms are governed by the laws of Victoria, Australia.
14.3 You may not assign any rights or obligations contained in these Terms.