Terms and Conditions
- These Terms and Conditions govern your use of our website located at www.tootta.com.au and form a binding contractual agreement between you, the user of the Site and us:
(a) Chalmers Direct PTY LTD ABN 20608298111 trading as tootta registered in Australia
1.1 For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at firstname.lastname@example.org
Source of Goods
1 The goods offered on the Site are offered by:
(a) Chalmers Direct PTY LTD ABN 20608298111 trading as Chalmers Direct; or
1.2 By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
Terms and conditions for AU products
1.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.
1.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
1.3 The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
1.4 You acknowledge and agree that:
(a) We retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
(b) The Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
(c) These Terms cannot be altered by:
(i) Any user;
(ii) Any employee, agent or supplier of tootta,; or
(iii) Any third party.
- Intellectual Property Rights
4.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
3.1 You represent and warrant to us that you have the legal capacity to enter these Terms and are over 18 years of age.
3.2 We do not warrant that any goods sold through the Site are fit for any purpose other than that specifically described, or for which the goods are commonly supplied.
3.3 Notwithstanding any other provisions contained herein the purchaser agrees that unless expressly agreed to by Chalmers Direct in writing it has made their own enquiries in relation to the suitability of the goods and dose not rely on representations.
4.1 To the full extent permitted by law, we exclude all liability to you in respect of loss of data, interruption of business or any consequential or incidental damages.
4.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
4.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) In the case of goods:
(i) A refund of the purchase price;
(ii) The replacement of the goods or the supply of equivalent goods;
(iii) The repair of the goods;
(iv) The payment of having the goods repaired, and
(b) In the case of services:
(i) The supply of the services again; or .
4.4 In order to return goods purchased through the Site you must pay:
(a) All reasonable postage costs; and
(b) A restocking administrative fee equivalent to 20% of the original purchase price.
4.5 We accept no responsibility for any goods damaged or lost in transit.
4.6 Notwithstanding, any damages payable under any circumstances in regards to the purchase of goods through the Site will be capped at the purchase price of the goods.
4.7 Except as required by law, tootta will be under no obligation to accept goods returned for any reason.
- Taxation, Duties and Postage
5.1 If purchasing goods from tootta
5.2 Where your shipping address is located in Australia, customs, duties and goods and services tax, if applicable, will be calculated by us and applied to your order when it is processed. While we endeavour to calculate any such taxation and duties at the appropriate amount, we are not liable for any loss or damage suffered as a result of incorrectly calculated taxation or duties.
5.3 All transactions and pricing is in Australian Dollars (AUD) and any risks associated with currency fluctuations are yours.
5.4 We will not charge you a separate fee for postage, unless otherwise stated.
5.5 All goods purchased through the Site will be dispatched from warehouse after the order has been accepted and payment cleared.
5.6 We will endeavour to have items dispatched within one to two weeks of the order being accepted. Should there be a delay we will notify the customer via e-mail
5.7 All queries regarding delivery and postage should be directed to the delivery service carrying the purchased goods. Details of this service will be provided at the time of purchase.
5.8 tootta will not deliver to PO Box addresses
5.9 tootta reserves the right to not to ship to remote or rural locations
5.10 Where you have supplied an incorrect delivery address we may charge a redelivery fee for each subsequent delivery attempt.
5.11 The title and risk of the products passes to you at the point of despatch embarkation of tootta to your courier
- Acceptance of Your Order and Payment
6.1 You must pay a 100% of the purchase price on the placement of your order.
6.2 Once your order has been placed, to the full extent permitted by law, you are liable to complete the order and agree to pay the payment due on our demand.
6.3 To the full extent permitted by law, your order cannot be cancelled after it has been placed, except as agreed by us in writing at our sole discretion.
6.4 We reserve the right to
(a) Refuse to accept your order, or suspend processing of your order for any reason; and
(b) Remove or alter items for sale on the Site; and
(c) Alter the price of items for sale on the Site to reflect fluctuations in the price of the raw materials; and
(d) Amend these Terms and Conditions before, during or after the processing of your order without notice to you;
Without liability to you or any third party.
6.5 We will acknowledge receipt of your order by email at the time it is placed and the purchase price is paid, however, your order will not be accepted by us until we email you to advise that it has been processed and sent to you.
6.6 Payment can be made with:
(c) MasterCard; or
(d) American Express.
6.7 We reserve the right to refuse any payment method, mentioned in these Terms or otherwise, without liability to you or any third party.
6.8 The weight and dimensions of the goods sold through the Site may differ from the details given on the Site.
6.9 The appearance of the goods sold through the Site may differ from the promotional images that can be viewed on the Site.
6.10 A small number of goods may be incorrectly priced on the Site. If you purchase an item that is incorrectly priced, we will contact you to offer:
(a) A full refund; or
(b) The opportunity to proceed with the purchase at the correct price.
7.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
7.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
8.1 You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.
8.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
8.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
8.4 This Agreement is governed by the laws of New South Wales, Australia and each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.