Terms of Use

TERMS & CONDITIONS OF ONLINE SALES

These terms and conditions (Terms of Sale) govern all features of the business relationship and transaction between Tox Bar and our direct sale retail customers.

  1. DEFINITIONS

In this agreement:

“Carrier” means any person or business contracted by Tox Bar (always Australia Post) to carry and deliver Goods from us to you, whether all or part of the distance.

“Content” refers to information in any form published on our Website by us or from any third party with our consent.

“Order” refers to an order for Goods by you either by using our online order system.

 

“Website” means the complete computing hardware and software installation that is or supports our Website at www.thetoxbargeelong.com.au including but not limited to, our online product catalogue, ordering and payment systems.

“You” or “Your” means a visitor to our Website and/or a retail customer whom is a patient of an affiliated Clinic and Professional seeking to purchase Goods stated herein.

 

  1. INTRODUCTION

2.1: By using our website in any way, or by buying directly from us, You agree to be bound by the specified terms of sale. No person under the age of 18 years may purchase goods without parental or guardian consent. However, we look forward to seeing you again when you are over the age of 18.

2.2: By making a purchase from our website You represent to us that You have read, understood, and accept that you will be bound by these terms of sale.

2.3: Your purchase contract with Tox Bar is binding when we accept Your order.

2.4: We strongly recommend that You seek legal advice in the jurisdiction You reside should You require assistance with or explanation of any of these terms of sale.

 

  1. CONSULTATION WARRANTY AND INDEMNITY TO TOX BAR

You acknowledge and warrant to Tox Bar, as applicable, the following:

3.1: We advise that when you make an Order, and each following time You make an Order, to purchase Goods, You ensure that You have received a consultation from Tox Bar.

3.2: When You make an Order You provide us with certain information. It is your ongoing responsibility to be correct and updated as necessary. We rely on this information being true, accurate and not misleading. If the information is untrue or misleading in any way, we will not accept and/or cancel Your Order and exclude you from being able to make any future Order purchases for Goods.

  1. ONLINE ORDER PURCHASES

4.1 The following terms of sale apply:

(a) So far as the context allows to You as a visitor to our website; and

(b) In any event to You as a purchaser or potential purchaser of our goods.

4.2: Some Goods advertised on our website may not be available.

4.3: Each order is subject to acceptance by Tox Bar and may be accepted in whole or in part or declined.

4.4: Upon this acceptance by us of Your order is when Your binding purchase contract is made with Tox Bar on these terms of sale.

4.5: An online purchase by You from our website will not be accepted by us until the full invoice price on an order, including any delivery charges and any other applicable charges nominated by You has been paid in full.

4.6: We reserve the right to limit the maximum price, download and weight of online purchases at its complete discretion from time to time.  You will be informed if the maximum limit is reached by us at the time of Your order or acceptance message from us.

4.7: We may alter these terms of sale, at our absolute discretion, from time to time.  The terms that apply to You are those listed on our website on the day You order the goods.

4.8: All descriptions, weights and sizes of goods are those of the original manufacture of the goods and You may not rely on their accuracy.  Therefore, any such description shall not form part of this agreement.

4.9: If we do not have the goods You order in stock, we will offer You substitutes before we dispatch Your order.  If this happens You may:

(a) Accept the substitutes we offer;

(b) Cancel Your order, and

(c) Leave the order valid, but tell us to exclude the out of stock item.

4.10: If we owe You money (for this or any other reason), we will credit Your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of Your order.

4.11: Goods are at Your risk from the time they are picked up by the carrier from our warehouse for delivery to You.

  1. PRICE AND PAYMENT

5.1: All prices quoted on our website are in Australian Dollars (AUD) and are inclusive of 10% goods and services tax (GST).

5.2: You must pay us the full price of Your order before we will dispatch any part of it.

5.3: Banking charges by the receiving bank on payments to us will be accepted by us.  All other charges relating to payment in a currency other than Australian dollars will be accepted by You.

5.4: You will pay all sums due to us under these terms of sale by the means stated without any set off, deduction or counterclaim.

  1. INFORMATION YOU GIVE US

6.1: You agree that You have provided, and will continue to provide accurate, up to date, and complete information about Your contact and address details.  We need this information to provide and deliver to You the goods.

6.2: We will use our reasonable activities to respond to any point of dissatisfaction by You, provided You contact us within 7 days of Your receipt of goods from us.

  1. DELIVERY

7.1: Deliveries will be made to You by the carrier to the address stated in Your order.  You must ensure that someone is present at the time of delivery to accept delivery otherwise You may be subject to an additional charge.

7.2: If the carrier or we are not able to deliver Your goods within 14 days of the date of Your order, we shall notify You by email to organise another date for delivery.

7.3: We may deliver the goods in instalments if the goods are not available at the same time for delivery.

7.4: Unless You otherwise state in writing at the time of placing Your order, we shall deliver the goods at the address nominated in Your order.

  1. TAXES, DUTIES AND IMPORT RESTRICTIONS

8.1: You are responsible for purchasing goods which You are lawfully able to use or import and for the payment of import duties and taxes of any kind levied in Your country of residence.

8.2: Prices displayed are inclusive of GST unless such tax does not apply to You.

  1. GOODS RETURNED

Because You are buying the goods by online, You may have a right of cancellation.  If You do (and only if You do), these are the ‘terms of sale’ which apply:

9.1: You must tell us You wish to cancel Your order within 45 minutes of placing Your order to us, as You order will be picked and packed on the hour. We will do our best to help You with this process but cannot guarantee it.

9.2: Goods ordered and received by You can be exchanged if they are damaged in transit and arrive damaged to You. We are not required to provide a refund or replacement if You change Your mind about your order. But You can choose a refund or exchange if an item has a major problem or is damaged. This is when: the item has a problem that would have stopped someone from purchasing the item if they had known about it;
- is unsafe;
- is significantly dissimilar from the sample or description; and
- doesn’t do what we said it would or what You asked for and can’t be easily fixed.

9.3: To have damaged goods exchanged or refunded You will have to:

(a) Contact us (by phone or email) within 48 hours of You receiving the damaged goods;

(b) Post the goods and our original delivery slip back to us within 7 days of You receiving our prepaid Australia post satchel, at Your own risk, all damaged item(s) and their packaging must be:

(i) In the original condition with all tickets and labels attached to them;

(ii) Securely wrapped; and

(iii) Goods must not have been used other than minimal use for the purposes of establishing they are not the correct goods that You originally requested in Your order.

(c) Once we have received, inspected and authenticated Your damaged goods claim, we will post out a full replacement of the goods to You, delivery charges will be at our cost.

9.4: If the goods You receive are not what You have ordered and the error is our fault, we will replace the goods with Your correct order. To have wrong orders exchanged You will need to:

(a) Contact us (by phone or email) within 48 hours of You receiving the goods;

(b) Post the goods and our original delivery slip back to us within 7 days of You receiving our prepaid Australia post satchel, at Your risk, all item(s) incorrectly despatched and their packaging must be:

(i) In their original condition with all tickets and labels attached;

(ii) Securely wrapped; and

(iii) Goods must not have been used other than minimal use for the purposes of establishing they are not the correct goods that You requested in Your order.

(c) Once we have received, inspected and validated Your incorrectly despatched goods claim, we will post out a full replacement of the goods to You, delivery charges will be our cost.

  1. DISCLAIMERS

10.1: We or our content suppliers may make improvements or alterations to our website, the content, or to any of our goods, at any time and without advance notice.

10.2: You are advised that content may include technical mistakes or typographical errors.

10.3: We offer no warranty and make no representation, express or implied, as to the following:

(a) The adequacy or appropriateness of the goods for Your purpose;

(b) The truth of any information given on our website;

(c) Any implied warranty or condition as to merchantability or fitness of the goods for a particular purpose;

(d) Compatibility of our website with Your equipment software or telecommunications connection;

(e) Compliance with any law; and 
(f) non-infringement of any right.

10.4: Our website may contain links to other Internet websites. We have neither control nor power over any such websites. You acknowledge and accept that we shall not be liable in any way for the information or material of any such linked website(s), nor for any loss or damage arising from Your use of any such website(s).

10.5: We are not liable in any situations for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with Your use of our website or the purchase of goods.

10.6: In any claim against us our liability is limited to the value of the goods You have purchased in the order which is the subject of the dispute.

  1. SYSTEM SECURITY

11.1: You agree that You will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of our website system installation.

11.2: You agree that You will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintentionally affect any portion of our website, or any software used on our website, and that You will not permit any other person to do so.

11.3: You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may end in criminal prosecution.

11.4: Examples of some violations are:

(a) Accessing data unlawfully or without consent;

(b) Attempting to test, scan or probe the vulnerability of our system or network or to breach security or authentication measures;

(c) Attempting to interfere with the service to any user, host or network, including, without restraint, via means of “overloading”, “flooding”, “mail bombing” or “crashing”;

(d) Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; and

(e) Taking any action in order to acquire goods to which You are not entitled.

  1. RIGHTS OF THIRD PARTIES

Nothing in this agreement or on our Website shall confer on any third party any benefit whatsoever.

 

  1. SEVERABILITY

If any of these terms of sale is at any time held by any jurisdiction to be invalid, void or unenforceable, then it shall be treated as changed or reduced, only to the extent slightly necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced from. Subject to that, each provision shall be understood as severable and shall not in any way affect any other of these terms.

  1. NO WAIVER

No waiver by us, in implementing any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

  1. DISPUTE RESOLUTION

In the event of a dispute appearing out of or in connection with these terms of sale or any agreement between You and us, then You agree to attempt to settle the dispute by engaging in good faith negotiation with us followed by a process of mediation before commencing any other proceedings.

  1. FORCE MAJEURE

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees and other unforeseen interruptions.

  1. GOVERNING LAW

This agreement shall be governed by and construed in accordance with the law of Victoria, Australia and this agreement shall not be governed by the United Nations convention on contracts for the international sale of goods whatsoever, the application of which is hereby expressly excluded.

Terms & Conditions

General

By accessing, browsing or using this website, you agree to the terms, conditions and disclaimers herein as amended from time to time. By purchasing an item advertised on this website, you agree to be bound by these terms and conditions.

Tox Bar may amend these terms and conditions from time to time and any amendment will become effective immediately. Your continued use of this website constitutes an agreement to abide by and be bound by those terms and conditions, as amended.

This website may at times provide links to other related sites. Tox Bar is not responsible for the content or privacy practices of, and does not warranty the security of information provided to, other such web sites.

All product images are digital and are for illustration purposes only. Colours and shades of the actual product may therefore vary slightly from the image as displayed.

It is unlawful for anyone under the age of 18 to enter into a contract with Tox Bar. In completing the order form or placing an order, you warrant that you are not a minor or otherwise prohibited from entering into such a contract.

Online checkout

All prices are in Australian Dollars and include GST.

Tox Bar uses the Paypal secure payment gateway for online purchases – either via a customer Paypal account, or through use of Visa or MasterCard.

We do NOT charge extra fees for credit cards.

Out of stock products

If an item is shown on our website to be Out of Stock, please contact us via phone or email to discuss when the item is expected back in stock. We are also able to notify you when the item becomes available. Alternatively you may place a Customer Order and we will order the item specifically for you. Please note Customer Orders require a 20 percent Deposit.

In the unlikely event that we run out of stock after your order is placed, you will be contacted with a new delivery time frame, or alternatively your payment will be refunded if the new timeframe is not suitable.

Customer orders

Tox Bar accept Customer Orders with an initial 20 percent deposit. Please contact the store on (03) 5222 3352 to arrange the order.

Layby

Tox Bar accept Layby however not via the online store. Please contact us on (03) 5222 3352 to arrange layby for your selected item. A 20 percent deposit is required.

Delivery and returns

Delivery

Orders are dispatched within two business days, and standard delivery is by Australia Post or our selected carrier and generally takes three to five business days depending on location. Please allow extra time for delivery in the lead up to Christmas.

Tox Bar is not responsible for delivery delays caused by a third party delivery company, however should your item not be received by the estimated delivery date, please contact us via our contact details below, and we will investigate the delay.

Tox Bar arranges shipment on the customer’s behalf and all tracking details are provided to the customer when booked. Courier deliveries are made on weekdays during business hours, and it is recommended that customers provide a delivery address where some-one is present as missed deliveries will incur a re-delivery charge. Customer instructions are required in the event that no person is present to receive the goods, and deliveries left in accordance with these instructions will constitute acceptance of the delivery by the customer.

Postage

Tox Bar currently only ship to addresses within Australia. Free delivery is offered on purchases greater than $150. All other purchases incur a $12.95 standard shipping and handling fee, with standard delivery by Australia Post.

Some larger items may from time to time attract an additional shipping charge. Any such charge which will be displayed against the item.

Returns

Change of mind – An exchange of goods or a store credit is available for any returns made within five business days of receipt of the goods.

Damaged or Faulty Goods – A refund, exchange, or store credit is available if the goods received are faulty, have been wrongly described, are different to the product purchased on-line, or don’t perform as advertised.

Please contact us on (03) 5222 3352 or notify us via email toxbargeelong@gmail.com advising of your intention to return the product and whether you would like an exchange, store credit, or a refund (damaged or faulty goods only).

To enable your return to be processed, please return items by registered post to Tox Bar – Returns, 2/346 Pakington Street, Newtown, VIC 3220 with a copy of your invoice within five business days.

Tox Bar reserves the right to refuse acceptance of any product back into stock if it is damaged, used, or not in it’s original packaging.

Goods received in error

If the items delivered are different to those ordered, please contact Tox Bar on (03) 5222 3352 to arrange for the items to be returned for exchange at the expense of Tox Bar.

Shop collections

Items may be collected from the shop during our normal trading hours. This option is available for selection when making the purchase on-line.

Privacy

Tox Bar is dedicated to keeping your details private. Customer information is used solely for the purpose of identifying and dispatching orders (including disclosure to third-party service providers such as Australia Post), communicating with customers, and personalising the shopping experience with Tox Bar. It is not used or shared for any purpose other than the purpose for which it was disclosed. It is kept strictly secured and is not passed on to, sold to or swapped with any other party. Tox Bar uses cookies to enable customers to login, maintain a shopping cart, purchase items in the shopping cart, and to save time when returning to the website. A cookie is a text file that is placed on the users hard disk by a web page server, and cannot be used to run programs or deliver viruses to customer computers. Tox Bar keeps track of the pages our customers visit within our website in order to determine what products, and product types are the most popular.

If you have provided your email address we may email you special offers from time to time. If you do not wish to receive our emails you may opt out at any time by selecting unsubscribe at the bottom of the email or emailing us at toxbargeelong@gmail.com

Tox Bar will occasionally update this Statement of Privacy to reflect company and customer feedback and the law. You are encouraged to periodically review this Statement to be informed of how Tox Bar is protecting your information.