1. Terms of Access to the Website

This website (referred to in these Terms of Access as the Website) is operated by M and S Distribution AUS Pty Ltd as Trustee for M and S Distribution Trust, trading as Ride on Toys Australia (“Ride on Toys Australia”) on the World Wide Web (WWW).

The material on the Website is copyright © 2017 Ride on Toys Australia and/or other copyright owners.

The Website is available for you to:

(a)        Access conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website you are agreeing to the terms and conditions set out below.

        2.Use of material on the Website

2.1       Generally

(a)        Except for the limited use set out in para (b) you may not use the Website, or the material contained on it, for any purpose. This involves:

(i)          the reproduction of the material in any material form;

(ii)         the distribution of the material in any material form;

(iii)        re-transmission of the material by any medium of communication;

(iv)        uploading and/or reposting the material to any other site on the WWW;

(v)         “framing” the material on the Website with other material on any other WWW site.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

(b)        Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

(c)         You may not modify or copy:

(i)          the layout of the Website; or

(ii)         any computer software and code contained in the Website.

(d)        The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:

(i)          re-sold and/or re-distributed in any material form;

(ii)         stored in any storage media; and/or

(iii)        re-transmitted in any media,

without the prior written consent of the Owner.

2.2       Links to other Websites

(a)        The Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of the Owner.

(b)        In relation to the other sites on the WWW, which are linked to the Website, the Owner:

(i)          provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and

(ii)         is not responsible for the material contained on those linked sites.

2.3       Disclaimer 1

(a)        The Owner is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.

(b)        To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:

(i)          the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and

(ii)         merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

(c)         The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(i)          acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and

(ii)         using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

2.4       Disclaimer 2

(a)        The Owner does not warrant guarantee or make any representation that:

(i)          the Website, or the server that makes the site available on the WWW are free of software viruses, bugs or trojan horses;

(ii)         the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and

(iii)        errors and defects in the Website will be corrected.

(b)        The Owner is not liable to you for:

(i)          errors or omissions in the Website, or linked sites on the WWW;

(ii)         delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and

(iii)        defamatory, offensive or illegal conduct of any user of the Website,

whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.

(c)         You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

2.5       Limitation of liability

Clause 2.3 and/or clause 2.4 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law the Owner's liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:

(a)        If the breach of an implied warranty or condition relates to services:

(i)          the supply of the services again; or

(ii)         the payment of the cost of having the services supplied again; and

(b)        if the breach of an implied warranty or condition relates to goods:

(i)          the replacement of the goods or the supply of equivalent goods;

(ii)         the repair of such goods; or

(iii)        the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

2.6       Use of information gathered

(a)        The Owner and/or people authorised by it may gather and process the information:

(i)          which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and

(ii)         regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Website.

(b)        The Owner may authorise others to offer you goods and services using the information acquired through para (a).

2.7       Termination of access

The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

2.8       Alteration of Terms of Access

The Owner reserves the right to change these Terms of Access:

(a)        with or without further notice to you; and

(b)        without giving you any explanation or justification for such change.

2.9       Relevant jurisdiction

(a)        If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.

(b)        These Terms of Access will be governed by and interpreted in accordance with the law of South Australia, without giving effect to any principles of conflicts of laws.

(c)         You agree to the jurisdiction of the courts of South Australia to determine any dispute arising out of these Terms of Access.

             3.Terms and conditions relating to the providing of information about your product or service

3.1       Uploading information

You represent and warrant in relation to any material and/or information you provide to the Website that:

(a)        you are authorised to provide the material and/or information;

(b)        the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;

(c)         the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;

(d)        the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and

(e)        the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of South Australia including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1987 (SA) and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

3.2       Licence to use intellectual property

By uploading any material which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (Intellectual Property) on to the Website, you are granting the Owner a perpetual, non-exclusive and payment-free licence throughout the world to:

(a)        reproduce, use and exploit the Intellectual Property, as part of the Website, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Website is available to users; and

(b)        allow the Owner to sub-licence others the same rights granted to the Owner in (a) above.

3.3       Removal of information

In relation to any material and/or information included on the Website, the Owner may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.

3.4       Limit of liability

The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:

(a)        in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and

(b)        as a consequence of removing any material and/or information from this Website.

3.5       Indemnity

You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

(a)        any breach of these Terms of Access by you; and

(b)        publication of or distribution of the material and/or information supplied by you.

3.6       Relevant jurisdiction

(a)        If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.

(b)        These Terms of Access will be governed by and interpreted in accordance with the law of the South Australia, without giving effect to any principles of conflicts of laws.

(c)         You agree to the jurisdiction of the courts of the South Australia to determine any dispute arising out of these Terms of Access.

 



Privacy Policy

This Privacy Policy sets out our commitment to protecting the privacy of your personal information that we collect through our website or directly from you. 

Please read this Privacy Policy carefully.  Please contact us if you have any questions.   

By providing us with personal information indicates that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it.  

If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this Site or any products and services offered on it.

1.     Type of personal information collected

We collect personal information that is reasonably required in order to conduct business with you.

 

The personal information collected will include information you give us when you:

  • register your details for our newsletter;
  • register your details during the checkout process;
  • when you contact us; and
  • any method that transmits any form of communication to our servers.

 

The personal information that we collect may include, but is not limited to:

  • your name;
  • your contact details;
  • your payment details;
  • historical purchases; and
  • other personal information that we collect in the course of you using our services.

 

We may collect information about a third party during the course of you using the Services.

 

When you use the website, we may also collect the following information:

  • your computer’s operating system;
  • your computer’s browser type and capabilities;
  • your computer’s Internet Protocol (IP) address and geolocation;
  • web pages visited, including how you were referred to each web page;
  • web page usage statistics, including the time spent on each web page; and
  • any other information as reasonably required to improve our services to you.

 

We may use “cookies” to store your preferences, record session information and collect information on how you visit and access the website and newsletters allowing us to improve our services and provide you with a better overall experience.

 

We may use third party advertising programs or service providers that may use cookies to track your activities throughout our website and then retarget you on third party websites and platforms advertising our brand name and/or a product that you had previously looked at from our website.

2.     Collection and use of personal information

We collect and use the personal information for purposes including to contact and communicate with you, for internal record keeping and for marketing.

3.     Access to and correction of personal information

Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth).  An administrative fee may be payable for the provision of information.  We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

Correction: If you believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes.  We will respond to any request within a reasonable time.  We will endeavor to promptly correct any information found to be inaccurate, incomplete or out of date.

4.     Complaints about breach

If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us on the email address below.

5.     Unsubscribe

To unsubscribe from our e-mail database, or opt out of communications, please contact us at the details below.

6.     Storage and Security

We are committed to ensuring that the information you provide is secure.

For any questions or notice, please contact us at:

Ride on Toys Australia
1/5 Hewer St,
HAMPSTEAD GARDENS SA 5086

Phone: 1800 996 889

Email: support@rideontoysaustralia.com.au

Last update: 05 October 2017

 

 

 

Warranty against Defects

 

This Warranty against Defects was prepared on 11 July 2017. We reserve the right to change this Warranty against Defects at any time. Additionally, please check our website for the latest terms.

 

We, our or us means M and S Distribution AUS Pty Ltd ABN 92 278 641 469 trading as Ride on Toys;                  

Youor Your means the purchaser of the Goods;

ACL means Australian Consumer Law; and

Goods or Product refer to our products purchased in Australia.

 

Our Goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are 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.

 

The Warranty against Defects that We have provided to You is in addition to any other rights and remedies available under the ACL.

Definition of a consumer

 

A natural person or in some cases a self-employed individual or a business will be considered a consumer if they purchase:

  • goods or services that cost less than $40,000; or
  • goods or services that cost more than $40,000 but are a kind ordinarily acquired for domestic, household or personal use or consumption.

You will not be considered a consumer if you purchase our Goods for your business or if you resell it or to be transformed into a product that is then later sold.

 

Warranty and Duration

Our Goods come with a six (6) months’ manufacturer warranty against defects commencing from the date of purchase from us (“Warranty Period”), however, you may still be protected under consumer laws beyond the Warranty Period.

 

This warranty against defects does not apply to defects or damage caused by misuse, exposure to liquid or excessive heat, abnormal use, abuse or defects or damage caused by external events outside of Our control.

 

If You discover a fault or manufacturer defect, you must cease using the Goods and if it is within the Warranty Period you have the right to seek for the Goods to be repaired or replaced.

 

How to claim under this warranty

 

To claim under this warranty you can return the defective Goods to us at your expense, together with proof of purchase, within the Warranty Period. You will be requested to provide a description of the defect and your personal details. We will inspect the returned Product. If on inspection of the returned Goods we determine that the defect is covered by this warranty, we will either make suitable repairs or provide a replacement. If we determine that the defect is not covered by this warranty, we will provide You with a full explanation, and if requested, the Goods will be returned to You at your cost.

 

Our contact details are as follows:

 

Ride on Toys Australia Pty Ltd
Unit 1 / 5 Hewers Street Hampstead Gardens
Ph : 1800  996889
support@rideontoysaustralia.com.au

 

If, at any stage, your Product is found to be defective within the Warranty Period and it is repaired, the Warranty Period on the Product will not extend the original Warranty Period.

 

Warranty Costs and Claims

 

If you make a claim under this warranty, You must bear your own costs (postage is non-refundable) to transport the defective Goods to us (and you acknowledge that we carry no responsibility whatsoever in the event that the Goods are damaged in transit) and you must also provide a description as to the nature of the defect. If we determine on inspection that the Goods are defective and such defect is covered under this warranty, We will either repair or replace the Goods and send the Goods to you at our cost. If you have incurred reasonable costs, 

 

If on inspection, we determine that the Goods are without defect, You must pay our costs of service work and testing, as well as costs of returning the Goods to You.

 

After the Goods are sent back to you

 

If at any time We send the Goods back to your nominated address, You acknowledge that you will not hold us responsible for the Goods (and release us in all respects) in the event that the Goods are damaged whilst in transit.

 

If you provide us authority to leave the Goods at your address unattended, You acknowledge that you will not hold us responsible (and release us in all respects) in the event that the Goods are damaged or stolen.

 

When the ACL does not apply to the Warranty against Defects

The ACL will not apply if:

  • there has been a sale and supply of goods as a result of the Products being purchased at auction;
  • problems with the Goods was drawn to Your attention before the Product was purchased; and;
  • the Goods are damaged by the consumer’s abnormal use.

 

Exclusions to Warranty against Defects

 

This Warranty shall be void and shall not apply to any Goods if You disclose or we discover that any of the following occur or apply (including but not limited to):

  • the Goods have been damaged by You after it was purchased or it was sent to us as physically damaged;
  • The Goods have been repaired, altered or modified by someone else other than us;
  • The alleged defect falls outside of what is acceptable as wear and tear;
  • A fault cannot be replicated during testing and inspection;
  • The Goods were used other than its intended purpose;
  • The defect has arisen due to Your failure to use it and maintain the Goods properly;
  • The defect has arisen due to You not following our instructions, recommendations or specifications;
  • The defect has arisen due to the abnormal conditions suffered by the Goods which includes, but is not limited to, operating the vehicle beyond a flat surface;
  • The Goods have water damage;
  • The Chargers, Batteries and remotes are not covered after 30 days of receiving the good;
  • The Goods have been subject to weight overload; or
  • The Goods have been damaged by power spikes and/or surges.

 

You further acknowledge that this Warranty does not cover events where:

 

  • the Goods might be different from the image in the manual, website or other advertising material.
  • the good may have minor cosmetic imperfections markings or scratches  

Limitations to Warranty Against Defects

 

If You are a “consumer” as defined in the ACL and you suffer injury or consequential loss including loss to your property which is ordinarily and actually used for personal use, as a result of using our Goods, you may have a right to compensation against Us. However, You can only recover reasonably foreseeable losses that would probably result from our failure to meet your consumer guarantee. Additionally, We are not responsible for problems with the Goods that are beyond our control.

 

We are not liable if:

 

  • the Goods were not defective when supplied by the manufacturer; or
  • the defect was that the state of scientific or technical knowledge at the time when they were supplied by the actual manufacturer was not such as to enable that defect to be discovered; or
  • We are able to rely on statutory powers to limit our liability.

 

If you are not a consumer as per the definition of the ACL, We limit our liability to the lowest cost among the following:

 

  • replacing the goods;
  • obtaining equivalent goods; or
  • repairing the goods.

 

Replacement Terms

If we are required to repair or replace the defective Goods, then we will replace the Goods with an identical Product or, if an identical Product is not available, a product with equivalent specifications.

When the Product is replaced, the faulty item will become our property.

Discretion used by Us

 

Even if We do not have to repair or replace the Goods, we may decide to do so anyway. In some cases, We may decide to substitute the Goods with a similar alternative product of our choice.

 

All such repaired, replaced or substituted Goods continue to fall within the time remaining on the original warranty period.

 

 

Proof of Purchase

 

Your proof of purchase is required in order to validate that your warranty claim is still valid. We use this information to establish the commencement date of the warranty.