These Terms of Sale apply to every purchase made by you.
Policies
All policies published on our website from time to time form part of, and are incorporated into, these terms and conditions and apply to every purchase made by you.
Payment and Third Party Services
You acknowledge and accept that our merchant (payment) and layby facilities are provided by third parties who are independent and in no way affiliated with us. We will not be liable to you for any loss or costs you suffer as a result of using any third party services available on our website.
Whilst we may in our discretion assist you, we are within our right to direct you to liaise directly with the third party provider with respect to any issues that arise when using the third party payment or layby facilities on our website.
We will not be deemed to have received payment from you until such time as the payment is cleared in our account, regardless of whether the merchant has received payment or whether payment has been deducted from your account.
When making payments, you are at all times bound by the applicable terms of use of the merchant services.
The merchant may charge you fees for making a payment using their service (and with respect to a layby service, using or cancelling the use of their service). Those fees are in addition to the price of the products. A copy of the terms of our merchants can be found at:-
https://www.paypal.com/au/webapps/mpp/ua/legalhub-full
https://lay-buys.com/terms-and-conditions-lay-buy/
We do not warrant that the above links are up to date or that any fees stated therein are correct at the time you place an order with us. It is your responsibility to ensure that you are reading the current version of the terms of use of the merchant services.
You warrant to us that you are the owner of and have express authority to use the payment method you use to make payments to us.
Account
To purchase products on this website, you must complete all information required by us. If you choose not to provide the information requested, we may not accept your purchase request. If you create an account, you must provide a password and a log in name. You must also provide an email address so that we can contact you. You must protect your log in information. You are responsible for all activities on your account by any person using your log in information, whether or not you authorised them to you that information.
You must be eligible to create an account and purchase items on this website. To be eligible, you must be capable of forming a binding contract, provide a valid email address and be an individual be over the age of 18 years.
When you provide us payment information you must be authorised to do so.
Orders
When you place an order through this website you are making an offer to purchase the products for the price of the products (as shown on the website at the time of purchase) together with all applicable delivery fees and taxes.
If required to provide further details about yourself to complete the order you must do so. All information provided to us must be correct and accurate.
We will send you an email confirmation of each order accepted by us.
We may reject your order in our absolute discretion and without reason. We may also reject your order if the product is not available, if there was an omission or error in the price or description of the product on the website or payment cannot be processed. If we reject your order, we will endeavour to notify you as soon as possible.
We may cancel the whole or any part of an order (including orders that we have accepted) at any time without any liability to you if a) the product in the order is not available; b) there is an error or omission in the price or description of any product in the order; c) we reasonably believe you are in breach of any of the terms, conditions and policies on our website; or d) payment in respect of the order is unable to be processed or otherwise rejected by the merchant.
Without limiting the foregoing, with respect to pre-orders or back-orders, we may at any time cancel the whole or any part of an order pre-ordered or on back-order without reason.
If we cancel the whole or any part of an order we will endeavour to notify you as soon as possible. We will not charge you, or if payment has been made we will refund to you, the price of the part of the order cancelled together with any associated delivery fees. However, we will not be liable to refund to you any merchant fees incurred by you.
Refer to our Layby Policy in regards to the cancellation of Layby orders.
Gift Vouchers
Gift vouchers are subject to our gift voucher policy.
Gift vouchers are not redeemable for cash. Gift vouchers may be used by any person in possession of the gift voucher. It is your responsibility to ensure the safe keeping of the gift voucher.
Gift vouchers expire on the date stated on the gift voucher or where no date is stated, within 12 months of the date of issue.
The gift voucher must be presented at the time of purchase. Replacement gift vouchers will not be issued for lost gift vouchers.
Delivery
Please refer to our Shipping tab under Customer Service for information on our shipping terms.
In addition to those terms, we note the following terms.
We only deliver products on the website within certain postcodes in Australia. If you wish to have items delivered outside of those postcodes, you must contact us prior to placing an order.
You agree to comply with all delivery requirements as set out by us on the website. You also agree to comply with all delivery requirements of any courier or postal service used by us. This might include providing proof of identity to obtain collection or otherwise attending at a courier service or postal location to collect the products.
You are responsible for ensuring the correct shipping information is provided. We will not be liable to you where you have provided to us incomplete or incorrect shipping information. You will be liable to us for any fees incurred by us as a result of incomplete or incorrect shipping information being provided and we may charge you re-delivery fees.
You acknowledge and agree that any person at the delivery address who receives the products is authorised by you to collect the products on your behalf and we will not be liable to you for the actions of such person after delivery.
Risk in the products passes to you immediately delivery is effected at your delivery address.
Delivery times are estimates only. We will not be liable to you for any delay in delivery howsoever arising.
Returns and Refunds
All returns and refunds are subject to our policies on our website.
Pricing
Pricing, specifications, availability and terms of offers are subject to change without notice. We will use reasonable efforts to ensure that there are no typographical errors and that information is up to date however pricing, specifications, terms and availability is not confirmed until we have accepted your order. Once your order has been accepted we will not change the pricing of a product.
All prices are in Australian dollars unless otherwise expressly stated.
All prices are inclusive of GST unless otherwise expressly stated.
Products
Products and their packaging may differ from images displayed on our website including things such as colours and images.
Unless the difference affects the fundamental nature of the product, you will not be entitled to a refund if the product or packaging delivered differs from the images displayed.
Liability to You
To the fullest extent permitted by law (refer to Consumer Law Notice below), our liability to you under any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into these terms by any legislation (Statutory Warranties) is hereby expressly and absolutely excluded.
Where, notwithstanding the above we are found to be liable to you with respect to any Statutory Warranty, our liability for any breach of those Statutory Warranties shall be limited to one or more of the following remedies, in our absolute discretion: (a) if the breach relates to products: the replacement of the products or the supply of equivalent products; the repair of such products; the cost of replacing the products or of acquiring equivalent products; or the cost of having the products repaired.
Manufacturer’s Warranty
We are not the manufacturer or importer of any of the products on our website.
To the fullest extent permitted by law (refer to Consumer Law Notice below) we do not provide any warranties that any product will function for any period of time other. We are not the manufacturer of the products and are not responsible to you with respect to any manufacturer’s warranty accompanying the product. Where there is a manufacturer’s warranty accompanying the product (i.e on or in the packaging of the product), you should contact the manufacturer to organise a claim against that warranty. We may choose to assist you, but unless required by law, we are under no obligation to do so.
If a product is recalled by a manufacturer, you must liaise directly with that manufacturer to obtain a refund or replacement. We may choose to assist you, but unless required by law, we are under no obligation to do so.
Consumer Law Notice
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Force Majeure
We accept no liability for any delay or failure to perform our obligations under these terms if such delay or failure is due to circumstances beyond our reasonable control.
Indemnity
You agree to indemnify, and keep indemnified, Storvyn Kids our offices, employees and agents against all loss suffered or incurred by us arising from any breach of any obligation or warranty under these Terms by you, any wilful misconduct by you or any negligent act or omission by you.
