Terms & Conditions
Please Note your Statutory Rights are not affected by anything appearing in these terms and conditions.
Contract and Governing Law
These ‘Terms and Conditions’ govern the supply of goods sold by www.cooltoys4bigboys.com by the company By Wild Pty Ltd. 15 Karyn Cres, Morphett Vale, South Australia 5162 to the customer named on the order form provided on ‘WWW.COOLTOYS4BIGBOYS.COM’ website. By placing an order the customer named on the order form agrees to these terms and conditions. Together with the completed order form and our acceptance of your order by delivery of the goods constitutes the entire agreement between us and in accordance with South Australian Law constitutes a legally binding contract between us which is deemed to be under the non-exclusive jurisdiction of the South Australian Courts.
Payment & Pricing
All prices on the website are in Australian Dollars and are inclusive of GST (Goods & Services Tax) at the current rate of 10% as prescribed by the Australian Commonwealth Government. Payment can be made by credit/debit card via Paypal’s secure server or by fax, post or telephone. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. Orders with cheques/money orders/bank deposits, will be delivered when funds have been cleared. All orders have a minimum $12.50 delivery/handling charge, this charge changes depending on the weight of the consignment. The shopping cart will let you know exactly the price of your shipping and handling fees.
Delivery & Title
We will normally dispatch goods within two working days of receiving an order subject to stock availability. Delivery is by a Courier of our choice which is usually next day and will require a valid signature on receipt. If nobody is at the delivery address they will leave a note stating they have called and a contact number for the courier company, the courier will only call once after which the goods will be taken to the couriers home depot, you will need to contact the courier to arrange a suitable time to pick up the delivery. If after a reasonable period of time you have not contacted the courier the goods will be returned to ourselves and any further costs for delivery must be paid by the customer named on the order form. After payment has been received then immediately prior to dispatch of the goods the title of the goods will pass to you.
Cancellations & Returns
Any claims for shortages, damaged goods or incorrect supplied goods must be notified within 3 days of receipt by email, fax or post receipt of which must be acknowledged by us. No responsibility will be accepted after 3 days. If an item has been incorrectly supplied, received damaged or is faulty then follow the Returns Procedures as follows:
- Contact us within 3 days of receipt as above
- We will work out if the product needs to be returned to us or to the manufacturer
- We will advise whether we will arrange collection or have you return the goods
- In either case the cost of returning the goods will be paid by us
If you have notified us of a problem with the goods, we will either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question. Any goods becoming defective under the warranty period will be dealt with according to the manufacturers warranty procedure. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights as a consumer.
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered here-under that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
To apply for a refund, a return, or a replacement, you must contact us and in writing set out:
- Your contact details
- The history of the transaction
- Proof of the purchase for which you now seek a return, refund or exchange
- The reasons that you want a return, a refund, or a replacement; and
- Any other information or materials we ask for that we believe is relevant to our decision
If we accept your reasons for a refund/return/replacement, you must deliver to us, at your expense, any products that were purchased. We will not issue your refund/return/replacement without receiving any outstanding monies/products.
Whilst we have made every effort to make the colours and finishes of the products on this site reflect the product you will receive, variances on colour monitors, printers and operating systems, can make the colour and/or finish, you choose appear to be different from the colour and/or finish of the product you receive.
We have made every effort to make the colours and finishes on screen as close as possible to the colours and finishes of the products you’ll receive. However, we cannot guarantee an exact match of the colours and finishes of the images used on this website to the physical product you will receive.
White in Matt or Gloss is very hard to photograph and also very hard to display on a website with white background. Also Polished Chrome, Satin Chrome and Chrome Plated are other finishes that don’t photograph well.
Whilst we have made every effort to make the images of the products on this site reflect the product you will receive, variances on colour monitors, printers and operating systems, can make the image you see not totally represent the product you receive. For instance some images used maybe the same style of handle you order but of a different overall length. We have made every effort to make the sizes, colours and finishes on screen as close as possible to the sizes, colours and finishes of the products you’ll receive. However, we cannot guarantee an exact match of the sizes, colours and finishes of the images used on this website to the physical product you will receive.
Whilst great care has been taken to ensure that the information on this website is accurate, information as to price may be subject to change without notice. Without in any way reducing or affecting your statutory rights, By Wild Pty Ltd makes no representations or warranties either that the information in or accessible via this website is accurate, complete or current, nor of any other kind, express or implied, with respect to this website or the products, information, materials or content including, without limitation, warranties of merchant-ability and/or fitness of any product for a particular purpose. Except as expressly stated in this website and, except for liability for death or personal injury to the extent only that it is caused by or arises from the negligence of By Wild Pty Ltd and to the fullest extent permitted by law, neither By Wild Pty Ltd nor any of its directors, employees, affiliates or other representatives will be liable for damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages being consequential damages not within the contemplation of the parties at the time the contract was made, loss of data, income or profit, loss or damage to property and claims of third parties arising out of or in connection with the use of this website or the information, content, materials or products included on this website.
By purchasing a product from By Wild Pty Ltd you are acknowledging that you:
- Have read and understood these Terms and Conditions of Use; and
- Agree to be bound by these Terms and Conditions of Use.