Terms of service

 ToeSox Australia


1.    About the Website

  • Welcome to toesoxaustralia.com.au (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
  • The Website is operated by Burgess Australasia Pty Ltd atf The Burgess Family Trust (abn: 23 409 436 174) t/a Toesox Australia (Toesox Australia). Access to and use of the Website, or any of its associated Products, is provided by Toesox Australia.
  • Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  • Toesox Australia reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Toesox Australia updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

2.    Acceptance of the Terms

You accept the Terms by remaining on the Website.

3.    Registration to use the Purchase Services

  • In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
    • Business name
    • Business address
    • ABN
    • Email address
    • Preferred username
    • Mailing address
    • Telephone number
    • Password
  • You warrant that any information you give to Toesox Australia in the course of completing the registration process will always be accurate, correct and up to date.
  • Once you have completed the registration process, you may be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
  • You may not use the Purchase Services and may not accept the Terms if:
    • you are not of legal age to form a binding contract with Toesox Australia; or
    • you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4.    Your obligations as a Member

  • As a Member, you agree to comply with the following:
  • You will use the Purchase Services only for purposes that are permitted by:
    • the Terms;
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
    • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Toesox Australia of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Toesox Australia providing the Purchase Services;
    • you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Toesox Australia for any illegal or unauthorised use of the Website; and
    • you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5.     Purchase of Products

  • In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).
  • Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers).
  • In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
  • Following payment of the Purchase Price being confirmed by Toesox Australia, you will be issued with a receipt to confirm that the payment has been received and Toesox Australia may record your purchase details for future use.
  • Toesox Australia reserves the right to accept or reject your order for any reason, including if the requested Product is not available.
  • Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Products and Services Tax) Act 1999, inclusive amounts.
  1. Refund Policy

Please see the Refund Policy information page available via the Website.

  1. Cancellations
    • Once payment for an order has been accepted, cancellation is at the discretion of Toesox Australia. If you wish to cancel your order, please contact Toesox Australia immediately on 1300 107 331 or email admin@toesoxaustralia.com.au and the team will do their best to accommodate you if possible.
    • Cancellation of orders must be made within 24 hours of the time of order.
    • Where a Product has been listed at an incorrect price, or has incorrect written information or images, Toesox Australia reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.
  2. Shipping Policy

Please see our Shipping Policy for more information available via the Website.

  1. Warranty
    • Toesox Australia's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose. 
    • If you have received a Product that you believe is faulty or defective, please contact admin@toesoxaustralia.com.au with photographic proof. 
  2. Information and Product Disclaimer
    • Any information provided to you by  Toesox Australia regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.
    • You should expect minor variations of colour, appearance, characteristics such as creasing and softness, size and weight from the sample Products or from any Product specifications you have been quoted.
    • Toesox Australia makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.  

11.  Title and Risk

11.1.        The title to the Product will pass to you upon full payment of the Product by you. Title in this case indicates ownership of the Product.

11.2.        Risk in each order passes to you upon delivery of the Product to you. Risk means the responsibility for the Product in general, including the responsibility for damage, handling, storage and other relevant responsibilities.

12.  Mailing List

  • When making a purchase, you will be given the opportunity to sign up for the Toesox Australia Mailing List. If you choose to sign up for this service you agree to receive promotional materials, updates and other content from Toesox Australia via e-mail.
  • You can opt out at any time by following the unsubscribe process contained in the e-mail or e-mailing admin@toesoxaustralia.com.au.
  1. Privacy

Toesox Australia takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Toesox Australia’s Privacy Policy.

14.  Force Majeure

  • If circumstances beyond Toesox Australia’s control prevent or hinder its provision of the Products, Toesox Australia is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Toesox Australia may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
  • Circumstances beyond Toesox Australia’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
  1. Copyright and Intellectual Property
    • The Website, the Purchase Services and all of the related products of Toesox Australia’ are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by Toesox Australia or its contributors.
    • Toesox Australia retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
      • the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Toesox Australia; or
      • the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
      • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
    • You may not, without the prior written permission of Toesox Australia and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

16.  General Disclaimer

  • You acknowledge that Toesox Australia does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
  • Toesox Australia will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.
  • Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  • Subject to this clause, and to the extent permitted by law:
    • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
    • Toesox Australia will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  • Use of the Website, the Purchase Services, and any of the products of Toesox Australia is at your own risk. Everything on the Website, the Purchase Services, and the Products of Toesox Australia, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Toesox Australia make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Toesox Australia) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    • the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
    • costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
    • the Content or operation in respect to links which are provided for the User's convenience;
    • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
    • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

17.  Indemnity  

  • Toesox Australia’s total liability arising out of or in connection these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent purchase cost paid by you under these Terms.
  • You agree to indemnify Toesox Australia, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
    • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
    • any breach of the Terms.

18.  Limitation of Liability

  • Toesox Australia’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Toesox Australia is the resupply of information or Purchase Services to you.
  • You expressly understand and agree that Toesox Australia, its affiliates, employees, agents, contributors, third party content providers and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  • Toesox Australia is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Toesox Australia, by third parties or by any of the Purchase Services offered by Toesox Australia.

19.  Termination

  • The Terms will continue to apply until terminated by either you or by Toesox Australia as set out below.
  • If you want to terminate the Terms, you may do so by:
    • notifying Toesox Australia at any time; and
    • closing your accounts for all of the Purchase Services which you use, where Toesox Australia has made this option available to you.
  • Your notice should be sent, in writing, to Toesox Australia via the 'Contact' link on our homepage.
  • Toesox Australia may at any time, terminate the Terms with you if:
    • you have breached any provision of the Terms or intend to breach any provision;
    • Toesox Australia is required to do so by law;
    • the partner with whom Toesox Australia offered the Purchase Services to you has terminated its relationship with Toesox Australia or ceased to offer the Purchase Services to you;
    • Toesox Australia is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
    • the provision of the Purchase Services to you by Toesox Australia is, in the opinion of Toesox Australia, no longer commercially viable.
  • Subject to local applicable laws, Toesox Australia reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Toesox Australia’s name or reputation or violates the rights of those of another party.
  • When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Toesox Australia have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

20.  Venue and Jurisdiction

  • The Purchase Services offered by Toesox Australia is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales, Australia.

21.  Governing Law

  • The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby will be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms will be binding to the benefit of the parties hereto and their successors and assigns.

22.  Independent Legal Advice

  • Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

23.  Severance

  • If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.