Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. By using this website or by using any other marketing materials, social media or online services owned and operated by Toka Designs Pty Ltd, you agree to be bound by the terms and conditions set on this webpage. If you do not accept these terms and conditions, you must refrain from using this website.
designsbytoka.com website is owned and operated by Toka Designs Pty Ltd, a company registered in Australia. Australian Company Number 617 447 953 Any reference in these terms and conditions to “we” or “us” refers to Toka Designs Pty Ltd.
1.1 We may revise these terms and conditions at any time. You should check this Website from time to time to review the current terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. Ordering from us
2.1 You are deemed to place an order with us by ordering via our website or online services (Facebook). We will send you an order acknowledgement and invoice by email, detailing the price and size you have ordered. Our acceptance of an order takes place when we receive your deposit. When we despatch the order the purchase contract will be made even if your payment has been processed immediately unless we have notified you that we do not accept your order or you have cancelled your order.
2.2 Please note that we reserve the right to brand our personalised products.
2.3 We may refuse to accept an order: (a) Where goods are not available (b) Where we cannot obtain authorisation for your payment (c) If there has been a pricing or product description error (d) If you do not meet any eligibility criteria set out in our terms and conditions (e) If the order is to be delivered outside of Australia. (f) If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience. (g) If we believe your order is for commercial or other non-domestic concerns.
3.1 All prices include GST (where applicable) at the current rates. We reserve the right to express the price exclusive of GST, but we shall show GST separately and include it in the total price.
4.1 We will deliver the products ordered by you to the address which you provide for delivery when you make your order. If any of the details you have given in your delivery address are incorrect, we are not liable for any items which have not been received. You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the products directly to a friend, a relative, or to a place of work.
4.2 Delivery will be made as soon as possible. Our normal working hours are Monday to Friday. We only process and dispatch orders during these timescales. All delivery and dispatch timescales quoted on the website do not include weekends or public holidays.
4.3 Whilst we make every effort to deliver goods within the specified timescale, on occasion due to unforeseen circumstances we cannot always guarantee delivery in said time, or accept liability for deliveries made outside this timescale. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
Some postal addresses in remote areas may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.
4.4 If the product(s) you have ordered do not arrive within 28 days of placing the order Toka Designs except no liability unless you have contacted us via email within this period.
4.5 The majority of our products are shipped by an external courier service. If standard shipping is selected the estimated shipping time is between 9 - 11 business days. If priority shipping is selected the estimated shipping time is 5 - 7 business days. If express shipping is selected the estimated shipping time is up to 3 business days. If you have not received your item/s, you must check with your local sorting office even if you have not received notification from your postman that they are holding items for you.
4.6 In the event that we reproduce an item for you and subsequently the original is returned as undelivered, we reserve the right to charge an administrative fee up to 100% of the sales price of the reproduced product.
4.7 In the event you have not received your order, we must allow the following timescales before we can take further action, and claim back from the relevant carrier for lost items. Standard Shipping: 14 business days from date of despatch Express shipping: 10 working days from date of despatch
Please note: we will not be held liable for any late deliveries if delays occur by causes beyond our reasonable control including, without limitation: (a) fire; (b) severe weather conditions; (c) industrial dispute; (d) strike or labour disputes
5. Order Cancellations
5.1 For most items, you have the legal right to cancel your order within 7 working days of receiving the goods. However, this does not apply to certain items which we have made, personalised or customised specifically for you.
If you wish to cancel your order you can notify us by email to email@example.com or by telephone (0415 289965) before we have dispatched the goods to you or where goods have already been dispatched to you, the goods must be returned to us in accordance with the 'Returns and exchange' section below.
Please note: In order to provide a fast service some products are immediately sent for production. Please check your order and the confirmation email carefully as we cannot refund products which have been miss-spelt. We reserve the right to cancel your order at any time and issue a full refund.
The provisions of this clause do not affect your statutory rights.
6. Returns and exchange
6.1 Satisfaction: If you are not completely satisfied with your non-personalised goods, simply return them to us at any time within 30 working days of receipt. The costs of returning goods to us shall be borne by you.
Unfortunately, we are unable to refund postage costs on unwanted non-personalised items. The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel back to us using a delivery service that insures you for the value of the goods as we cannot be held responsible for items damaged or lost in the post.
6.2 Your rights to return the goods to us will not apply in the following circumstances:
Any products that we have made, personalised or customised specifically for you.
Where, in our opinion, you have not taken reasonable care of goods whilst in your possession and have not been returned with the original packaging.
If you have made a spelling mistake on your order and it has been sent for production.
You have disposed of the item you have an issue with.
Where you provide us with a poor quality and or wrong photo/image for any personalisation we are not responsible.
6.3 Postage and packing: Costs for unwanted items cannot be refunded after 30 working days from when the order was delivered.
Please note: You have a duty to return the item to us and the cost of doing so is your responsibility, except if the item is faulty or does not comply with the contract.
This returns policy does not affect your statutory rights.
6.4 Discounts: If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. Please note you can only use one discount code per order.
6.5 I received the wrong item: If the item you received is not what you originally ordered, please contact customer service quoting your order number, your name and address, details of the product and the reason for the return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return. Please also review Refund Policy
7.1 The shade of colour of the product you receive may not exactly match the colour as displayed by our website on your device due to colour gamut variations and calibrations on screen. Please be aware that if an exact shade colour match is important to you, your order is placed at your own risk.
8. Image Upload
8.1 In using the Photo Upload facility on the website, you agree not to upload or print any images that will cause distress or offence to any person. It is your responsibility to ensure that express permission for any images you use has been granted by the owner of any image.
8.2 Toka Designs reserve the right to refuse to process any order that may cause offence or distress to others – in such a case we will refund any payment made.
8.3 By uploading poor quality and low-resolution images we can not be held responsible for the final result of the product. Any images you choose to upload are done so at your own risk.
8.4 Toka Designs Pty Ltd will not be responsible for any copyright infringement by the customer.
9.1 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with the clause above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
10. Service Access
10.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
11. Visitor Material and Conduct
We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non- commercial purposes.
You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience
(b) for which you have not obtained all necessary licences and/or approvals
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Australia or any other country in the world or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.
12. Links to and from other websites
12.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of www.designsbytoka.com
(b) you do not create a frame or any other browser or border environment around this Website
(c) you do not in any way imply that we are endorsing any products or services other than our own
(d) you do not misrepresent your relationship with us nor present any other false information about us
(e) you do not otherwise use any trademarks displayed on this Website without our express written permission
(f) you do not link from a website that is not owned by you and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause at any time and to take any action we deem appropriate.
You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of any clause
13.1 We do not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
14.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
15.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.
16. Advertising and Sponsorship
16.1 Part of the website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
17. Governing Law and Jurisdiction
17.1 These terms and conditions shall be governed by and construed in accordance with Australian law. Disputes arising in connection with these terms and conditions shall be subject to the non- exclusive jurisdiction of the Australian courts. We do not warrant that materials/items for sale on the website are appropriate or available for use outside of Australia. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside of Australia, you do so at your own risk and you are responsible for compliance with local laws.
18.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. Only the parties to these terms and conditions may seek to enforce them. Nothing in these terms and conditions is intended as granting any persons who are not parties to these terms any rights.
We may change these terms and conditions at any time by updating this web page and your continued use of the website following such update will represent an agreement by you to be bound by the terms and conditions as amended.