Between Knock on Wood Toys Pty Ltd ACN 163 623 238 / ABN 53 163 623 238 of Shop 3, 532 Seventeen Mile Rocks Road, Sinnamon Park QLD 4073, Phone: 07 3376 9626 & 0410 477 230, Email: [email protected] (“Knock on Wood Toys”) And The person/organisation placing the Order (“You” or “Your”)

Background

A. You accept these terms and conditions and agreed to be bound by these term and condition when an order is placed on our website or a purchase is conducted in our retail store.

Terms

1. Orders

• 1. Upon making an Order, You are deemed to have agreed to be bound by these terms and conditions.

2. Payment

• 2.1. You are required to pay the full price of the Products stipulated and any delivery fees stipulated at the time of placing the Order. A tax invoice will be subsequently issued and forwarded to You.
• 2.2. If cleared full payment of the price and delivery fees is not received, Knock on Wood Toys will not arrange for delivery of the Products to You.
• 2.3. Where Knock on Wood Toys is registered under the GST Act, unless expressly stated to the contrary, any price is exclusive of GST and You shall pay any GST applicable to any supply in terms of the GST Act.

3. Disclaimer

• 3.1. Whilst care is taken in preparing the information contained on the Website and endeavour is made to keep the information up-to-date and correct, Knock on Wood Toys does not, and can not, provide any warranty, guarantee or promise express or implied concerning the content, completeness, accuracy, reliability, suitability, availability or currency with respect to the Website or any individual Product or information available through the Website. Knock on Wood Toys reserves the right to change information published on the Website at any time. Knock on Wood Toys is not liable to You or any other person for any loss in connection with the use of a linked site or in connection use of the Website.
• 3.2. Knock on Wood Toys is not responsible and expressly disclaims all liability for any loss or damage including without limitation, indirect or consequential loss or damage (to the maximum extent permitted by law), of any kind arising out of the use, reference to or reliance on any information contained within the Website or obtained through it, for example from a supplier, even if Knock on Wood Toys has been advised of the possibility of such loss or damage or they are foreseeable.
• 3.3. Knock on Wood Toys accepts no responsibility for any errors or omissions contained within the Website. The information on the Website is provided on the basis that persons accessing the Website take responsibility for assessing and evaluating the relevance and accuracy of its content. Users of the Website do so at their own risk.
• 3.4. Knock on Wood Toys may permit third parties to advertise various items which may be of interest to site users of the Website. The appearance on the Website of any advertisements and Products or service information does not constitute any endorsement thereof by Knock on Wood Toys. Knock on Wood Toys has not investigated the claims made by any advertiser. Product and service information is based solely on material provided by the advertiser and users should make their own investigations into the accuracy thereof.
• 3.5. Though the Website users may be able to link to other websites which are not under the control of Knock on Wood Toys, Knock on Wood Toys has no control over the nature, content and availability of those linked sites and accepts no responsibility to any user who utilises such links. The inclusion of any links does not imply any recommendation or endorsement of the linked sites or any information or views expressed within them.

4. Risk and Delivery

• 4.1. Risk of loss, damage or destruction to the Products or any part thereof shall pass to You as and when delivery is made to You.
• 4.2. Any delivery date given is an estimate only. Knock on Wood Toys will not be liable for any delays in completion or late delivery and will not be liable for any loss, damage or delay occasioned by You or any other persons arising from the late completion or delivery.
• 4.3. Delivery will occur by collection or Australia Post e-parcel, whichever Knock on Wood Toys elects.

5. Manufacturer’s Warranty and Performance of Goods

• 5.1. Knock on Wood Toys does not warrant the quality or performance of any Products supplied by Knock on Wood Toys but not manufactured by Knock on Wood Toys.
• 5.2. It is Your responsibility to establish any warranty relationship with the manufacturer (if applicable) by ensuring that warranty cards or other registration requirements of the manufacturer of any Products supplied by Knock on Wood Toys are complied with.
• 5.3. Without limiting clauses 5.1 and 5.2, no responsibility will be accepted by the Knock on Wood Toys unless Knock on Wood Toys has told You that the Products are considered fit for the purpose for which You require the Products and You have provided complete details of the intended purpose.
• 5.4. Knock on Wood Toys does not recommend any particular Product. You are solely responsible for making Your own evaluation of the accuracy and completeness of information and to ensure the suitability of the Product for Your intended purpose.

6. Refunds and Returns

• 6.1. Knock on Wood Toys are not required to provide a refund or replacement if You change your mind.
• 6.2. Knock on Wood Toys may refuse to give You a replacement or refund if You misused the Product in any way that contributed to the problem.
• 6.3. You can choose a refund or exchange if a Product has a major problem. This is when the Product:
  • (a) Has a problem that would have stopped someone from buying the Product if they had known about it;
  • (b) Is unsafe;
  • (c) Is significantly different from the sample or description;
  • (d) Does not do what Knock on Wood Toys said it would, or what You asked for and cannot be easily fixed. 6.4. Alternatively, You can choose to keep the Product and Knock on Wood Toys will compensate You for any drop in value. 6.5. You must keep your proof of purchase – e.g. your receipt. 6.6. You are responsible for returning the Product to Knock on Wood Toys.

7. Damages and Liability

• 7.1. To the extent permitted by law, any liability of Knock on Wood Toys to the Customer under this Agreement shall be limited as follows: 7.2. In the case of Products supplied, to the replacement of the Products or the supply of equivalent Products, the payment of the costs of replacing the Products or of acquiring equivalent Products or the payment of the costs of having the defective Products rectified, at the election of Knock on Wood Toys;
• 7.3. In the case of services provided, the resupply of the services or the payment of the costs of having the services supplied again, at the election of Knock on Wood Toys;
• 7.4. Knock on Wood Toys, notwithstanding any right You may have at law or in equity or otherwise under these terms and conditions, shall not be liable for any loss or damages suffered by You for any economic loss or consequential loss or damage including but not limited to, loss of profits, loss of opportunity or of the benefit of the Products or any part thereof. Where You are a consumer for the purposes of the Australian Consumer Law, consequential loss will be limited to the maximum amount permitted by law.
• 7.5. You indemnify Knock on Wood Toys against any liability, cost or expense it incurs as a direct or indirect consequence of any breach of these terms and conditions by You.

8. Privacy Laws

• 8.1. The personal information provided by You will be held by Knock on Wood Toys.
• 8.2. Knock on Wood Toys may use the personal information provided by You for the purposes of completing the Order and for direct marketing of Products and other services offered by Knock on Wood Toys or an organisation it is affiliated with or represents. You have the right to request not to receive direct marketing material.
• 8.3. You consent to Knock on Wood Toys collecting and using Your personal information as specified above.

9. General

• 9.1. You acknowledge that You must not assign any of Your rights under these terms and conditions.
• 9.2. If a provision of these terms and conditions is void, voidable, unenforceable or illegal but would not be void, voidable, unenforceable or illegal if a word or words were omitted, that word or those words are severed, but should the provision or these terms and conditions nevertheless be void, voidable, unenforceable or illegal, that provision shall be severed yet the remainder of these terms and conditions will remain in full force and effect.
• 9.3. The failure of Knock on Wood Toys to insist upon strict performance of any of the terms in these terms and conditions or any delay by Knock on Wood Toys in exercising any of its remedies or rights shall not constitute or be deemed a waiver or variation by Knock on Wood Toys of any of the terms and conditions or a waiver of any default or remedy and no waiver by Knock on Wood Toys of any breach shall constitute waiver or further or subsequent breaches by You.
• 9.4. These terms and conditions contain the entire agreement between Knock on Wood Toys and You and both parties agree that there are no other terms, representations or understandings except those set out in these terms and conditions
• 9.5. These terms and conditions shall be governed by and construed in accordance with the laws of Queensland (Australia) and You agree to submit to the jurisdiction of the Courts of that State in all matters arising out of these terms and conditions between You and Knock on Wood Toys.
• 9.6. Knock on Wood Toys will retain all proprietary rights in and to its respective Website and other preparatory material such as copyright, trademarks, trade secrets, patents and confidential information.
• 9.7. Definitions
  • (a) “Confidential Information” means all information passing from the Knock on Wood Toys to You relating to an Order, including but not limited to, trade secrets, drawings, know-how, techniques, concepts, projections, arrangements and Deeds with third parties, Knock on Wood Toys
  • (b) s information and information proprietary to Knock on Wood Toy’s, formulae, concepts not reduced to material form, designs, plans, models, financial data and pricing lists, other than information which is in the public domain for any reason other than by the breach of these terms and conditions by You;
  • (c) “GST Act” means the Act titled A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time;
  • (d) “GST” has the meaning given to this term by the GST Act;
  • (e) “Order” means an order placed by you for Products;
  • (f) “Product” or “Products” means any items ordered for purchase;
  • (g) “Knock on Wood Toy’s” means the supplier of the Products, and any lawful assignee, transferee or successor of Knock on Wood Toy’s;
  • (h) “Website” means www.knockonwoodtoys.com.au.
• 9.8. Interpretation
  • (a) In this Agreement and in any instrument created pursuant to or in accordance with this Agreement, unless the context otherwise requires:
  • (i) The singular includes the plural and vice versa;
  • (ii) A reference to a person includes an individual and a corporation, partnership, joint venture, association, authority, trust, State or Government and vice versa;
  • (iii) A person includes the legal personal representatives, successors and assigns of that person;
  • (iv) A reference to any gender includes all genders;
  • (v) A reference to a recital, clause, schedule, annexure, appendix or exhibit is to a recital, clause, schedule, annexure, appendix or exhibit of or to this Agreement;
  • (vi) A recital, schedule, annexure, appendix or exhibit or description of the parties forms part of this Agreement;
  • (vii) A reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time time;
  • (viii) Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
  • (ix) where an expression is defined anywhere in this Agreement it has the same meaning throughout;
  • (x) A reference to "dollars" or “$” is to an amount in Australian currency;
  • (xi) A reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provisions substituted for, and any subordinate legislation issued under, that legislation or legislative provision;
  • (xii) All headings throughout this Agreement have been inserted for the purpose of ease of reference only and will not define, limit or affect the meaning or interpretation of this Agreement or of any instrument created pursuant to or in accordance with this Agreement.