Toffish.com.au (known as the Toffish website) is made available to you (herein known as “the Purchaser”) pursuant to these trading terms and conditions which are legally binding. These terms and conditions are laid out in full.

Please read through these carefully before making any purchase from the website. Your subsequent purchase will indicate your full acceptance of these terms and conditions.

 

These terms and conditions may be modified from time to time and your continued use of this site and any subsequent purchases made shall signify your agreement to be bound by any changes.

These terms and conditions are in effect from 13/04/2017.

 

TRADEMARK

TOFFISH is a registered Trademark.

COPYRIGHT

All designs, content and photographic material are subject to copyright and are wholly owned by Toffish. No designs, content or photographic material represented on Toffish’s website may be used without prior written authorisation.

INTELLECTUAL PROPERTY

The purchaser will not use, copy or infringe on Toffish’s intellectual property. This means all intellectual property rights (whether created before, on or after the date of these Terms and Conditions and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade names, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise, and which relates to any of Toffish’s products or services.

ONSELLING

Under no circumstances may the Purchaser on sell or resell any of Toffish’s items or goods at any market, website, third party online reselling channels, other retailers, private selling events or catalogue sales without written authorisation from Toffish. Should this term be breached, Toffish reserves the right to recover all items.

LINKING TO THE TOFFISH WEBSITE

You may link to the Toffish homepage on the condition you do so in a way that is legal. It must be fair and not intended to damage our reputation or in any way take advantage. You may not suggest any form of Toffish’s association or endorsement where there is none. We reserve the right to request a link removal at any time.

PROHIBITIONS

You will not commit or encourage a criminal offence by transmitting or distributing a virus, trojan, worm, or any other harmful or malicious program or device, post any other material which is malicious, harmful or in any way offensive or obscene. You must not hack into any aspect of the website, corrupt data or cause annoyance to other users by sending unsolicited advertising or promotional material commonly referred to as "spam"; or by attempting to affect the performance or functionality of this Website.

Toffish will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

ORDERING

Toffish cannot guarantee and accepts no liability in regards to the availability of stock and the time frame involved in delivering any goods or service pursuant to the Purchaser’s order. Toffish reserves the right to cancel any order without notice.

LIABILITY

To the extent permitted by law Toffish shall not be liable for indirect or consequential losses or expenses suffered or incurred by the Purchaser in relation to the supply of goods. Toffish’s liability is limited only to the cost of supply or re-supply of goods in accordance with these terms.

WARRANTIES REGARDING THE GOODS

Conditions, warranties and other provisions which apply to or in respect of goods under or by virtue of the Australian Consumer Law as amended from time to time or any other enactment of the Commonwealth of Australia, the State of South Australia or of any other place and which by that enactment cannot be excluded from these Terms and Conditions shall apply without restriction or modification.

All other warranties, conditions and guarantees which would or may be implied (whether by statute law, trade usage or otherwise) into this account agreement (including in particular any which may in any way relate to quality or fitness for any particular purpose) are hereby expressly excluded from these Terms and Conditions.

BILLING

We will accept payment for your purchase by either Visa® or MasterCard®.
All goods supplied remain the property of Toffish® until they are paid for in full.
Please ensure you enter your contact and delivery details correctly, including your phone number, so that we can contact you if necessary. The name on the credit card used for payment must match the billing name on the order. We reserve the right to cancel any order which we determine does not meet this requirement.

 

 

CURRENCY

All product and shipping prices quoted on this website are in Australian Dollars (AUD). All transactions are settled in AUD.

GST

All purchases delivered within Australia incur the standard government Goods and Service Tax (GST). All prices listed on this website include GST.

GIFT VOUCHERS

Gift vouchers can be purchased by phoning or visiting our store based in Strathalbyn, South Australia. Gift vouchers are valid for 60 days from date of issue. Out of date vouchers will be cancelled and no money will be refunded. Vouchers may be spent in whole or in part, however the remaining credit will retain the original expiry date.

Gift vouchers are valid for use in our retail store based in Strathalbyn. Toffish gift vouchers are not redeemable for cash. Remaining credit cannot be paid in cash.

ORDER CONFIRMATION

Confirmation of your order will be sent to your e-mail address. The e-mail will reconfirm all delivery and shipping details, charges and any other relevant information. It is the purchaser’s responsibility to ensure that all information provided is accurate. We aim to ship within 24 to 48 hours however this may vary depending on demand at the time. Please contact us immediately should you need to make any changes to your order or if you require your order by a specific time.

 

ORDER CANCELLATIONS

Cancellation by Toffish
Toffish reserves the right to cancel any order at any time without notification.

Cancellation by Purchaser
We aim to ship online orders within 24 to 48 hours of the order being placed. Should you wish to cancel an order after payment has been accepted, please contact Toffish by phone.

If an order is cancelled after dispatch, freight charges will not be refunded and it will be the purchaser’s responsibility to return the parcel at their expense. Cancellations after this time will be at the sole discretion of Toffish.

The Purchaser is responsible for providing accurate delivery instructions and address details in writing. If the nominated courier is unable to deliver the Purchaser’s order due to either incorrect information provided by the Purchaser or if there is no one to sign for and physically receive the parcel, a re-delivery fee may apply. This fee will be charged to the Purchaser’s credit card.

PHOTO REPRESENTATION

The Toffish website offers as accurate as possible a representation of the product and its colour. Toffish products are handmade using natural materials where possible and therefore, slight variations in colour may result.  Colour representation may also vary slightly due to computer image quality and screen settings.

JURISDICTION

This contract is made in the State of South Australia.

NO COMMERCIAL USE

This site is for your personal use only. You may not, copy, distribute, transmit, display, modify, reproduce, publish, license, transfer, or sell any content, software, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.

AGREEMENT

This agreement supersedes any and all preceding agreements between the purchaser and Toffish.

TERMS AND CONDITIONS OF SALE