Terms and Condition of Purchase

Thank you for making a purchase with Toesox Australia. These Terms and Conditions govern your purchase.

By purchasing products on our website you “accept” and agree to these Terms and Conditions.

1. Purchase Services

1.1. The Website is operated by Burgess Australasia Pty Ltd atf The Burgess Family Trust (abn: 23 409 436 174) t/a Toesox Australia of 6 Benwerrin Crescent Grasmere NSW 2570 Australia (Toesox Australia). Access to and use of the Website, or any of its associated products, is provided by Toesox Australia.

1.2. 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).

2. Personal Information

2.1. When purchasing a Product, you will be required to provide personal information such as your name, address and e-mail address.

2.2. You agree that all details that you have provided in completing the purchase are true and correct.

2.3. Your personal information is kept in accordance with the Toesox Australia Privacy Policy which can be accessed on the Website (Privacy Policy).

3. Purchase of Products

3.1. 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).

3.2. Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers).

3.3. 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.

3.4. 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.

3.5. Toesox Australia reserves the right to accept or reject your order for any reason, including if the requested Product is not available.

3.6. For a Product with a fabric component, if your chosen fabric is unavailable, Toesox Australia reserves the right to substitute for an equivalent fabric at its discretion.

3.7. 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.

4. Refunds and Returns

Please see the Returns and Warranties page for more information, accessible via the Website.

5. Cancellations

5.1. 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 by email admin@toesoxaustralia.com.au the team will do their best to accommodate you if possible. 

5.2. Any cancellation requests must be made within 24 hours of the time of order.

5.3. 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.

6. Shipping

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

7. Warranty

Please see the Returns and Warranties page, accessible via the Website.

8. Information and Product Disclaimer

8.1. 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.

8.2. Where your Product includes a fabric or upholstered component, 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. Leather Products may exhibit scars, marks, and spots of varying density and colour due to the fabric's natural properties.

8.3. 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. Please ensure you obtain medical advice and guidance before using any of the Product/s, and if at any time when using any of the Products, you feel unwell, please cease using the Product/s and seek medical attention.

9. Care and Maintenance

9.1. Toesox Australia provides detailed instructions on how to care for the Products to ensure the longevity of use and enjoyment intended.

9.2. Visit [link] for more information.

10. Title and Risk

10.1. 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.

10.2. 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.

11. Mailing List and SMS List

11.1. When making a purchase, you may be given the opportunity to sign up for the Toesox Australia Mailing List (Mailing List) and SMS list (SMS List).

11.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address
(b) Name
(c) Phone Number

11.3. If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Toesox Australia.

11.4. You can opt out at any time by following the unsubscribe process contained in the communication.

12. 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.

13. Force Majeure

13.1. 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.

13.2. 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.

14. Indemnity

14.1. You agree that the use of the Products is at Your risk.

14.2. Under no circumstances is Toesox Australia liable or responsible in any way to you or any other person for any loss, damages, costs, expenses, death or other claims (including consequential damages and loss of profits or loss of revenues and business goodwill) as a result, direct or indirect of any use, defect, deficiency or discrepancy in the Products. This includes their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:

i. any Products supplied to you;
ii. any delay in supply of the Products; or
iii. any failure to supply the Products.

14.3. Any advice, recommendation, information, assistance or service given by Toesox Australia in relation to Products, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. Toesox Australia does not accept any liability or responsibility for any loss suffered as a result of your reliance on such advice, recommendation, information, assistance or service.

14.4. 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.

15. 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.

16. 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.

17. 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.

18. 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.