These Terms and Conditions of Sale (together with any relevant documents referred to in them (including the Privacy Policy and Returns Policy on our website) set out the terms on which we supply any product (“Product”) listed on our website awakenthetoys.com.au (“Site”) to you.

Each time you purchase Products through this site you will be required to complete payment into Awaken the Toys account. Upon payment you are accepting these terms and conditions of sale and, if relevant, any product specific terms. Any terms which you seek to impose in respect of your purchase of Products through this site will not form part of any contract between us. Please read these terms and conditions carefully before ordering any of the Products from our site. If you have any queries on these terms please contact us before placing any order.

From time to time, product specific terms may apply in addition to or replace these terms in respect of certain products available on the site. For example, additional terms such as territorial restrictions may apply to certain products. These product specific terms will be clearly indicated and featured on the site in the order process for the Product.

As a user of this Site (referred to as “you/your”) you acknowledge that any use of this Site is subject to our terms and conditions below. In addition, you will find other useful information within our site

We recommend you review these terms and conditions each time you purchase Products and print a copy of these terms and conditions for your future reference.

The Site is operated by AWAKEN THE TOYS (referred to as “AWAKEN THE TOYS/we/our/us/I“). We are registered in Australia under the ABN 21893281404.

  1. General Terms & Conditions
    1. We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the Site and it is your responsibility to read the terms and conditions on each occasion you use the Site. Your continued use of the Site shall signify your acceptance to be bound by the latest terms and conditions.
    2. The information on this site does not constitute a binding offer to sell products described on the site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order acceptance.
    3. You may not purchase any item from this site for the purpose of resale by you or any other person.
    4. To order Products through our Site, you will be required to make payment into the Awaken the Toys Account held by owner Deliah Boni. All personal details and information are exclusive to you and must be treated as strictly confidential at all times. In the event you have any concerns regarding your personal information or you become aware of any misuse then you must inform us immediately. (see Contact Us for more information and full contact details).
    5. You may only place an order through our Site if you are at least 18 years old.
  2. Ordering Terms & Conditions
    1. Please see the website for information on how to place an order. All orders that you place on the Site will be subject to acceptance in accordance with these terms and conditions.
    2. The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the Products you have ordered. Please note that this email is an order acceptance from AWAKEN THE TOYS after which we will be unable to cancel the order.
    3. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms acceptance of the order. The contract between us (“Contract”) will only be formed when we send you the Order Acceptance email.
    4. The Contract will relate only to those Products for which we have accepted in the Order Acceptance email. We will not be obliged to supply any other Products which may have been part of your order unless these Products are clearly listed on an Order Acceptance from us.
    5. If we are unable to supply you with a Product, for example because we believe that we are unable or unwilling to manufacture it, we will inform you of this by email and we will not process your order. You should note that we do not accept drawings of an adult graphic nature nor do we reproduce licensed characters. In this situation, if you have already paid for the Products, we will refund you the full amount as soon as possible.
    6. All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
    7. Price and Payment
      1. We accept payment via direct deposit into Awaken the Toys account held by owner Deliah Boni.
      2. Payment into our account is required at time of ordering. In the event that we are unable to supply the Products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the Products.
      3. The price you pay is the price displayed on this Site at the time we receive your order except in cases of obvious error. While we try and ensure that all prices on the Site are accurate, errors may occur. If we discover an error in the price of the Products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. We are under no obligation to provide the Products to you at an incorrect price, even after we have sent you a Order Acceptance, if the pricing error is obvious and unmistakable.
      4. All prices shown on the order acceptance will show the price of the Products and also the delivery charge (see the website for Delivery Information).
      5. Prices are liable to change at any time but, subject to clause 3.2, changes will not affect orders in respect of which we have already sent you an order acceptance.
      6. These Products normally can be imported as toys into most countries in the world free of GST / VAT or importation charges. However our delivery charges do not include such importation charges and you will be responsible for these if they are imposed.
  3. Delivery Terms & Conditions
    1. Estimated timescales for production and also delivery are indicated on the website. We make every effort to deliver the Products within the estimated timescale, however delays are occasionally inevitable due to unforeseen factors. Subject to clause 6, AWAKEN THE TOYS shall be under no liability for any delay or failure to deliver the Products within estimated timescales.
    2. Delivery will be completed when we deliver the Products to the address you gave us. The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges.
  4. Returns Terms & Conditions
    1. Non-receipt of Product: if you do not receive Products ordered by you within 10 days of the date on which they were dispatched to you, please contact us at deliah@awakenthetoys.com.au.
    2. Return of goods: due to the unique nature of the product we cannot accept cancellation or return of the product after the order has been accepted.
    3. Incorrect/Faulty/Defective Goods: we take great care in the dispatch and packaging of our items. In the unlikely event that it it arrives in disrepair, be faulty or deemed not to have been produced in line with the agreed brief or specifications or if you have received an incorrect Product please contact us at deliah@awakenthetoys.com.au. If you notify us that you have received an incorrect or faulty Product, we will ask you to return the Product to us at our expense and once, acting reasonably, we have examined the Product and confirmed it is an incorrect or faulty Product, we will (at your option) replace the Product or provide you with a refund.
  5. Intellectual Property Terms & Conditions
    1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of the Site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
    2. You acknowledge and agree that the material and content contained within the Site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this Site. You further acknowledge that any other use of the material and content of this Site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
  6. Liability Terms & Conditions
    1. Subject to Clause 6.3 below, we will use reasonable endeavours to verify the accuracy of any information on the Site but we make no representation or warranty regarding the contents or availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site is free of viruses or bugs and AWAKEN THE TOYS accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the Site.
    2. This clause sets out our entire financial liability to you in respect of:
      1.  any breach of contract; and
      2. any representation, statement or tortious act or omission (including negligence) arising under or in connection with our Contract.
    3. Nothing in this agreement shall limit or exclude our liability for:
      1. death or personal injury resulting from negligence; or
      2. fraud or fraudulent misrepresentation; or
      3. any other liability which may not be lawfully excluded.
    4. Without prejudice to clause 6.3, we shall not be liable to you, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
      1. loss of income or revenue;
      2. loss of profits or contracts;
      3. loss of opportunity
      4. loss of goodwill;
      5. loss of business;
      6. loss of anticipated savings; or
      7. indirect or consequential loss of any kind; However arising and whether caused by tort (including negligence), breach of contract or otherwise.
    5. Subject to clause 6.3 and 6.4 AWAKEN THE TOYS aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Product(s) you purchased.
    6. Product warranty and liability
      1. After manufacture is complete we will send you a photograph of the Product and ask for your confirmation that it meets the design intent of the original artwork. The Product will be shipped after receipt of your acceptance based on the photograph.
      2. We warrant that all Products on delivery shall be of satisfactory quality and be reasonably fit for any purpose for which they are commonly supplied and that all Services shall be carried out with reasonable skill and care.
      3. If we become liable to you for a breach of any of the conditions and warranties implied in these Terms and Conditions of Sale for the supply of the Product, our liability (if any) to indemnify you, at our option, to:
        1. the replacement of the Product or the supply of equivalent products;
        2. the repair of the Product;
        3. the payment of the costs of replacing the Product or of acquiring the equivalent products; or
        4. the payment of the cost of having the Product repaired.
    7. This clause 6 does not affect your statutory rights as a consumer.
  7. Miscellaneous Provisions Terms & Conditions
    1. The Contract between us shall be governed by Australian consumer protection laws.
    2. We have selected our materials and fabrics to create the Products on the basis that they will be used for domestic use only. If you are planning to use the Products for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the Products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.
    3. AWAKEN THE TOYS shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
    4. To provide increased value to our customers, we may provide links to other sites for you to access at your sole discretion. You acknowledge and agree that we are not responsible for the availability of such external sites, the content of those sites or for any use you may make of them.
    5. You may not assign, sub-contract or transfer any of your rights or obligations under these terms and conditions or any related order for Products to any third party unless agreed upon beforehand in writing by AWAKEN THE TOYS. We may transfer, assign, or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions to any third party.
    6. If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other clauses of these terms and conditions shall not be affected.
    7. These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contracts (Rights of Third Parties) to them.
    8. No delay or failure by AWAKEN THE TOYS to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of AWAKEN THE TOYS.
    9. These terms and conditions including the documents referred to in them supersede all prior representations understandings and agreements between you and AWAKEN THE TOYS relating to the use of the Site (including the order of Products) and sets forth the entire agreement and understanding between you and AWAKEN THE TOYS for your use of the Site.
    10. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
    11. All notices given by you to us must be sent to AWAKEN THE TOYS at deliah@awakenthetoys.com.au. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 7.10 above. Notice will be deemed received and properly served immediately when posted on our Site, twenty four hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

The AWAKEN THE TOYS website is operated by:

AWAKEN THE TOYS
Registered in Australia under the ABN 21893281404.

We recommend you print out a copy of these terms and conditions for future reference.

If you have any questions regarding the AWAKEN THE TOYS website, please feel welcome to contact us through the contact page on our website or by email at deliah@awakenthetoys.com.au for more information.