Terms & Conditions

About These Terms And Conditions

In these Terms and Conditions "we" and "us" mean Tots and Spots PTY LTD ABN 14 126 351 291 of PO Box 102, Ashfield, NSW 1800 Australia, and "you" means you the customer.

These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

Australian Sales Only

We only sell and ship Products within Australia. We will not make deliveries outside of Australia without prior written agreement with Tots and Spots PTY LTD.

Legal Capacity To Transact

If you are under the age eighteen (18) years you can not place orders with Tots and Spots.

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

Should Tots and Spots suffer any damage or other losses as a result of a transaction entered into by a minor, Tots and Spots reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Tots and Spots.

Placing Your Order

 

By placing an Order, you have agreed to these Terms and Conditions.

 

We will notify you that your order is being processed by sending you an Order Confirmation via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Tots and Spots reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.

 

If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

 

Payment Methods And Processing

Tots and Spots currently accepts Visa and MasterCard only through Eway. Payment processing will not begin until we receive all the information we need.

Orders placed on a weekend or a Public holiday will not begin processing until the next business day.

Business days are Monday through Friday, excluding NSW Public holidays.

Credit card payments will be processed via Eway.

Please Note:

• We are unable to accept credit cards issued by banks outside of Australia.
• You may be required to provide further identification for additional security reference checks.

Prices

Tots and Spots reserves the right to change prices for Products displayed at Tots and Spots at any time.

 

Supply Of Your Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.

When your Order items have been dispatched, we will email you to confirm shipment of your order.

 

Delivery Of Your Products

Delivery time takes up to 14 working days from the date your payment is received, this is determind on delivery location. Any question re delivery time, please contact us.

Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.

Title and risk of loss to all Products will pass to you on delivery.

Your Rights To Return A Product

No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.

Dead On Arrival Products - "DOA"

A Tots and Spots Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging (must not be later than 3 days after confirmed date of delivery).

A Tots and Spots Customer Service member will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to replace the Product.  Refunds will only be offered where a replacement Product can not be provided.  

Where Tots and Spots has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of Tots and Spots.

If the Product is deemed by Customer Services NOT to be DOA, Tots and Spots may in its absolute discretion refuse to replace the Product or offer you a refund for the Product.

When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property.

When a refund is given, the returned DOA Product becomes our property.

Tots and Spots reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer, Tots and Spots will impose a $35 handling and administration fee.

Product Problems After Delivery

If your item arrives DOA (Dead On Arrival) or you find a defect arises after delivery and a valid claim is received by Tots and Spots within 7 days (calendar days) of delivery, Tots and Spots will evaluate the claim and if appropriate exchange the Product where possible, or refund you the purchase price of the Product. No claims will be considered outside the 7 day (calendar days) period proceeding delivery.

Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective Product to us.

The delivery time for replacing the Product will be the same as stated for the original Product.

Replacement Products are provided with the same Warranty as the returned Product.

When a Replacement Product is arranged:

• A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned DOA Product.
• The delivery time for the replacement Product will be the same as stated for the original DOA Product.
• Replacement Products are provided with the same Limited Warranty as the DOA Product.

When a Refund is arranged:

• Refunds include all shipping and associated costs for the DOA Product.
• No refund will be given to you until Tots and Spots has received the DOA Product from you.
• Refunds will be issued by cheque.

Our Liability

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

Your Data - Use And Protection

By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Tots and Spots Products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.

Credit Card Fraud

Whilst Tots and Spots take preventative precautions for its transactions with our customers, Tots and Spots will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Tots and Spots. Any unauthorized assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Tots and Spots for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Tots and Spots, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

Tots and Spots reserves the right to change the Terms and Conditions of sale at any time.

No Tots and Spots employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Force Majeure

Tots and Spots shall not 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 Tots and Spots, and Tots and Spots shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.