Welcome to The Toy Wagon Website! By accessing and using the Website, you acknowledge that you have read and accept the following terms and conditions.
The parties to these terms and conditions are as follows:
- A&M Ventures Ltd T/A The Toy Wagon, being “we”, “us” and “our”;
- You, being the customer or person using our Service or otherwise accessing the Website, being “you” and “your”; and
- The Supplier of the Product, being the “Supplier”.
Each party above includes it successors, executors and permitted assigns. All defined terms are set out in clause 11 below.
1. Scope and Nature of Supply
- 1.1. We supply the Service to you direct, being the online ordering system for the Products, but we act as agent only for the particular Product Supplier in each case. Your rights relating to the Service are against us, and your rights regarding the promotion and supply of individual Products you buy via the Service are against the relevant Supplier of that Product (not us).
- 1.2. If you have any issues with the Product you purchase via our Service we will facilitate communication and attempted resolution with the Supplier, and if required, put you in direct contact with that Supplier for that purpose (see clause 9 below).
- 1.3. We are not intending to contract out of any statutory or other legal obligations which we may be bound by and which we are not permitted by law to avoid. We are merely emphasising the fact that we do not buy and sell the Products. We merely act as agent for each Supplier to enable them to sell their Products to you, and in return we receive an agency fee from those Suppliers.
- 1.4. These terms apply to each separate Product purchase transaction you make with us. Each single Product purchase equates to a separate transaction, even if several Products are purchased at one time.
2. Ordering, Payment and Delivery
- 2.1. You must provide the correct information as required (including your full correct name, New Zealand delivery address, and contact details) as required by our Service. You must pay for the Product(s) in full before your order can be processed by us. Unless expressly stated otherwise as part of the Service, the Product Price will include GST, and also a separately identifiable freight charge. The Product Price for any Product may change over time for any reason. All payments must be made online via the Website.
- 2.2. Payment is made via our appointed third party payment processor. Their decision as to whether payment in full has been made will be final. We do not receive, hold or retain any credit card details form you as they are received and stored by our appointed third party payment processor who has informed us that they receive and use such information in accordance with applicable law.
- 2.3. The Product(s) you order will be delivered to the delivery address stated in your order request. Once we have all information required from you to process your order, we then send it to the Supplier who will endeavour to send the Product(s) to you within 2 to 3 Business Days. We are unable to represent or guarantee any particular time frame for delivery.
- 2.4. We reserve the right to refuse any order you place with us. We may, in 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, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- 2.5. Risk and title in each Product passes to you following payment of the Product Price in full to us, and upon receipt of the Product by you as confirmed by the courier company.
3. Your obligations and acknowledgements
3.1. You must:
- a) ensure that all information you provide to us is accurate and complete;
- b) ensure that you have the full consent of any third party in respect of any third party related information you may send to us;
- c) ensure that any user name, password login or other secure access information to the Website as we may supply to you, is kept strictly confidential at all times and is only used for the purposes it is provided for and in accordance with any instructions supplied by us;
- d) act fairly and reasonable in your dealings with us; and
- e) not use our Service or Website:
- i. in breach of any legislative or regulatory provision or for any other unlawful act;
- ii. to damage or disrupt the website, its content, or any of the products or services offered by us or any third party through us;
- iii. to access, use or interfere with any computer system or data (whether by hacking or by other means) other than as may be expressly permitted by these terms or on the Website (e.g. to access and use a particular service as intended by us);
- iv. to intercept or in any other way deal with email or other communications which are not intended by the sender to be received by you;
- v. for sending spam, chain letters, pyramid schemes, hoaxes or other similar unsolicited communications of any kind;
- vi. to abuse, defame, threaten, stalk or harass others;
- vii. for sending objectionable language, content, or any expressions of hatred, racism or anti-religious remarks of any kind;
- viii. for running any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software;
- ix. for introducing any viruses, worms, trojan horses, time bombs or bots or any other harmful or destructive items or in any other way interfere with our, or anyone else’s network or computer system;
- x. using a false identity for any purpose including misleading others as to the identity of the sender or origin of any message;
- xi. by using any third party business to access the Website or our Service on your behalf without our prior written consent; or
- xii. for the purpose of reselling (in any way) any content on the website, or any of our products or services to third parties.
3.2. You acknowledge that:
- a) You are 18 years or older and have full legal capacity and authority to enter into these terms.
- b) As per clause 1 of these terms any Product specific related matters (including any Product defects or other Product specific liability issues) are to be addressed between you and the Supplier, and we will act merely as facilitator in that regard given we act merely as agent for the Supplier.
- c) We do not warrant or represent that any Product will be fit for any particular purpose or will last for any particular period of time or will be of any particular quality.
- d) The Website may contain links to third party websites. Those other websites are not under our control and so we are not responsible for the content or the links contained in those websites. We do not necessarily recommend or endorse the content of any third party website which may be linked to or from the Website, or the products or services of any third party organisation mentioned or described on the Website. You acknowledge that you enter any third party websites at your own risk.
- e) The Website may contain advertisements for third parties' products and/or services. You acknowledge that the third party advertisers are solely responsible for the accuracy of all representations made in those advertisements. We are not the party offering those goods or services for sale and do not necessarily recommend or endorse those goods or services, or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk. We disclose that we may receive a commission or other advertising or promotions related revenue from the third party advertiser, and you confirm your acceptance of this.
- f) We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- g) We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- h) We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
- i) Occasionally there may be information on the Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- j) Our Returns Policy applies in respect of all Products claims and that this policy constitutes your sole and exclusive remedy, subject to clause 7 below.
4. Our obligations
- 4.1 We will endeavour to supply the Service with reasonable care and skill, subject always to the remainder of these terms. We will act fairly and reasonable in our dealings with you at all times.
- 4.2. The Supplier will supply each Product you purchase in accordance with the applicable law, and will endeavour to do so in a timely manner but will not be liable for any delays. If after processing your order and receiving your Product Price the Supplier discovers that the Product you purchased is no longer available for supply to you (due to being out of stock), the Supplier (via us) may offer you a suitable replacement Product and if that is not acceptable to you, will either refund the relevant Product Price to you in full or provide you with a corresponding credit against a future Product purchase (at our discretion), and this will be your sole and exclusive remedy.
5. Intellectual Property
- 5.1. We or our third party licensors (but not the Supplier) own all intellectual property rights (including all copyright and trade marks) in and to the Service, the Website, all content displayed at any time on the Website including all trade marks, and to all domain names used by the Website.
- 5.2. The Supplier or its third party licensors (but not us) own all intellectual property rights in and to the Products (including all copyright, trade marks, patents and other Product specific intellectual property rights anywhere in the world) including in relation to all Product related images and associated brand names as may be displayed from time to time on the Website.
- 5.3. You must not use or attempt to use any of the intellectual property rights referred to in clauses 5.1 or 5.2 other than as expressly permitted by the Service, and in particular, you must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or the Website at any time.
- 6.2. You acknowledge that any information you provide to us over the Internet is unable to be fully secure at all times due to the inherent risks of the Internet, and you choose to accept this risk.
- 6.3. You consent to us sending you promotional emails from time to time relating to the Service or any Products.
- 7.1. Your liability under these terms relates to paying the Product Price when required by the Service, and also complying with your other obligations under these terms or as otherwise exist at law. You agree to indemnify us, our directors, the Supplier (and its directors) for any loss which any of those parties suffer as a result of a breach of these terms by you. This indemnity and also your liability under this clause is not intended to apply if and to the extent that any applicable law limits your liability by not permitting us to seek full loss recovery from you as per this clause.
- 7.2. Subject to the remainder of this clause 7, our liability (and also the Supplier’s liability) to you will at all times (for any legal cause of action) be limited to the Product Price paid to us by you for the particular Product.
7.3. All terms and conditions that would otherwise be implied, by operation of law so as to form part of these terms are excluded to the fullest extent permitted by applicable law (and so are not excluded if exclusion is not permitted by applicable law). In particular but without limitation:
- a) the provisions of the Sale of Goods Act 1908 are fully excluded from these terms; and
- b) if and to the extent you are using our Service for business purposes then you agree that the Consumer Guarantees Act 1993 is fully excluded from these terms, and for the purposes of section 5D of the Fair Trading Act 1986, sections 9, 12A and 13 of that Act do not apply, and you agree that this is fair and reasonable in the context of these terms.
- 7.4. If despite clause 7.3, the Consumer Guarantees Act 1993 or any other applicable law does apply to these terms, then both parties retain their rights and obligations as per that applicable law, and in the Supplier’s case, that would include the right to repair or replace the relevant Product if required or permitted by that applicable law.
7.5. Subject to clauses 7.3 and 7.4:
- a) We do not warrant or represent that the Website or Products or Service, or any links or third party content, will operate on a continuous or fault free basis, or will be completely secure or private all of the time, or will be free from viruses or other harmful features – even though we take reasonable measures to avoid or mitigate these types of issues.
- b) We will use all reasonable endeavours to restore any services outages as soon as reasonably possible, but are unable to guarantee any particular time frame.
- c) We (including our officers, employees and agents) are not liable to you in any way for any personal injury, or indirect or consequential loss, or for any loss of profit, revenue, or data. In respect of any loss for which we may be liable to you, our liability to you will at all times be limited to the that amount which you have paid us in respect of the relevant Product. You must raise any claim in writing and send that to us within one year following your purchase of the Product.
- d) We will not be liable to the extent that such liability arises from any third party telecommunications failure or quality issue, or failure of electricity mains supply, or strike or other industrial unrest, or any riot, fire, explosion, flood, earthquake, volcanism or other Act of God, or any governmental action, or any other cause which is beyond our reasonable control.
- 7.6. To reciprocate your indemnity in clause 7.1 but only to the extent you are a ‘consumer’ (as defined in the Consumer Guarantees Act 1993) we agree to indemnify you for any loss you suffer as a result of any failure to deliver the Service to you as per these terms, subject always to the remainder of this clause and also the caps and limitations stated in clauses 7.2 to 7.5 as permitted by applicable law. The Supplier (not us) agrees to indemnify you for any direct Product related loss you suffer as a result of any loss of or damage to the Product before risk passes to you, or in respect of any direct Product related loss suffered by you which flows directly from any breach of applicable law by the Supplier (in its capacity as promoter and supplier of the Product to you) and which these terms are not permitted to exclude, subject always to the caps and limitations stated in clauses 7.2 to 7.5.
8. Term & Termination
- 8.1. These terms (as amended by is from time to time as per clause 10.1) apply as a separate contract in respect of each Product purchase you make using the Service, or each time you visit the Website if you do not purchase any Products, and will continue to apply for the longer of: i) seven years after the date the relevant Product order is first processed by us; and ii) when all your legal rights under applicable law lapse by process of time.
- 8.2. These terms (as amended by is from time to time as per clause 10.1) apply as a separate contract between you and the relevant Supplier in respect of each Product purchase you make using the Service and will continue to apply for the longer of: i) seven years after the date the relevant Product order is first processed by us; and ii) when all your legal rights under applicable law lapse by process of time.
9. Communications Management
- 9.1. You must send all Product or Service related queries to us in the first instance. If you are making a query or complaint about a purchased Product, you must supply us with full details of the Product (name, code etc), the date of purchase, your full name and contact details, and the receipt or transaction ID information that we sent to you at that time.
- 9.2. We may forward your communications to us (and ours with you) to the relevant Supplier if and when we decide. That Supplier may then make contact with you directly to resolve the matter.
- 9.3. You must let us know if there is any fault with a Product within 7 (seven) days following its delivery to you.
- 9.4. All communications between us (and between you and the Supplier and vice versa) are strictly confidential and must not be published, disclosed or otherwise used by any party unless for the sole purpose of enforcing their rights under these terms in a Tribunal or other competent New Zealand Court.
- 10.1. We may from time to time amend, update, or change the Website, the Service, the range of Products, or these terms, without prior notice. Each time you use the Website, Service or Products, you will be deemed to have accepted and agreed to the most recent version of these terms then displayed.
- 10.2. These terms (as updated from time to time) constitute the entire agreement between you and us with respect to your use of the Website, the Service, and your purchase of Products using the Service, and replace all prior understandings or agreements, written or oral, regarding the same.
- 10.3. The Supplier of the Product you purchase can be identified and will have full legal standing to enforce these terms against you in addition to our right to do the same. No other third party has any legal standing to enforce these terms.
- 10.4. If any provision of these terms is found to be legally invalid or unenforceable, that will not affect the validity or enforceability of the remaining provisions of these terms which remain in full force and effect.
- 10.5. Any failure by us to insist upon or enforce strict performance of any of these terms will not be construed as a waiver of any right or remedy we may have in respect of any existing or subsequent breach of these terms.
- 10.6. New Zealand law governs these terms. You consent and submit to the non-exclusive jurisdiction and venue of the Courts of New Zealand for any cause of action relating to or arising under these terms.
11.1. In these terms, the following terms have the following meanings:
- a) Business Day means any day other than a Saturday, Sunday or public holiday in the town or city in New Zealand where the Supplier’s warehouse for dispatch of the Product is located;
- c) Product means any product supplied by a Supplier which we choose at our discretion to make available for viewing or purchase on the Website;
- d) Product Price means the price of each Product as described in clause 2.1;
- e) Returns Policy means our post purchase Product returns policy located on the Website;
- f) Service means the online service we supply to your via the Website which allows you to purchase one or more Products from Suppliers;
- g) Supplier means the third party promoter and supplier of each Product, as we may disclose to you as and when required under these terms; and
- h) Website means the website located at www.thetoywagon.co.nz and any downloadable app as we may make available from time to time.
Questions about the Terms of Service should be sent to us at: email@example.com .