Privacy and Terms
Privacy Policy
Your right to privacy is very important. We recognise that when you choose to provide us with information about yourself, you trust us to act responsibly. We believe this information should only be used to help us provide you with better service. That's why we have put the following policy in place to protect your personal information:
What personal information do we collect?
When you make a purchase in our online store, register a gift card, request a catalogue or subscribe to our newsletters, you may choose to give us basic information about yourself. This enables us to process your transactions more efficiently and provide a higher level of customer service.
When you visit our website, we may collect more
information: your Internet service provider’s address, the name of the web page
directing you, as well as your clicks and activity on our site. This tracking
data helps us understand how to make our website more available and user
friendly to our customers.
We collect your details to send you our email newsletter and to keep you informed about interesting items and special offers from ToyMad and selected business partners. You may unsubscribe or ‘opt out’ at any time by clicking on the ‘Unsubscribe’ button on your newsletter.
We respect your privacy and do not share your personal information with any other organisation.
You may update or correct your personal information at any time by
emailing us at kevin@motherbase.net
Storing your information
Your information is safely stored by our website hosting company and can only be accessed by authorised staff.
We take all reasonable steps to ensure that information held is accurate, up-to-date, complete, relevant, not misleading and is used only for the purposes stated in this policy. We will ensure that security safeguards protect the information and we will take all reasonable steps to ensure that information will not be disclosed to any unauthorized person or organisation.
We will not disclose any personal information about you to other companies or individuals that are not entitled to obtain this information. We do not share your details with third party companies, with the exception of delivery companies and our web service providers. Such companies and individuals will have access to specific personal information required to make deliveries or carry out specific tasks, but may not use your details for any other purposes.
Security
Toymad takes security seriously and has taken steps to ensure your personal information is secure.
We use SSL technology, which encrypts (scrambles) your information whenever we are receiving or transferring your details on our site. When making an online purchase a small padlock symbol will appear on your screen. This indicates that the SSL security system is operating throughout your transaction. This encrypting ensures that your details can not be read by, or altered by outside influences.
If at any stage you do not see the padlock symbol or are unsure about your security, please do not hesitate to contact us on 0508 627 743.
Updating your information
You are entitled to obtain from us confirmation as to whether or not hold personal information about you. You may also request a copy of this information and / or request that corrections or changes be made to it. You can make changes to your personal information by using the "Contact Us" page on our website, or by calling us during business hours on 0508 627 743.
Removing your name from our mailing list
It is necessary for you to register your details with us in order to access certain services such as making online purchases or registering gift cards on our website. However you have the right to choose not to receive emails from us that are not related to your orders or enquiries.
When you register your email address with us we may give you the option of receiving email announcements about products, offers and promotions from Toymad. We only email you if you want us to and we do not disclose your email address to third parties.
Every promotional email message we send includes an email address to which you can respond. If at any time you decide you do not want to receive our emails, simply click the unsubscribe link at the bottom of the newsletter. You can also let us know that you wish to be removed from our mailing list by using the "Contact Us" page on our website, or by calling us during business hours on 0508 627 743.
This will remove your email address from our mailing list. If you unsubscribe you will still receive emails specifically related to your online orders.
Cookies
Our website uses a technology called cookies that may be used to provide you with specific information. A cookie is a small element of data that our website may send to your computer. Any such cookie is typically stored on your computer's hard drive and permits our website to recognise you when you return. Our use of cookies helps us to provide you with a better experience during your use of our website by allowing us to understand what areas of the site are of interest to you. These cookies do not track your individual information.
Links to sites and services
We will take appropriate steps to protect your privacy in relation to your use of our website. We may provide links to third party sites. Since we do not control such linked sites, we encourage you to review the privacy policies of these third party sites.
Policy Changes and Feedback
If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on this Site. Once posted, the new policy will go into effect immediately, replacing any previously stated policy. We welcome your feedback to help us improve our privacy policy and practice. Please give us your feedback using the "Contact Us" page on our website or mail us at ToyMad Ltd, P O Box 303146, North Harbour.
Terms of Use of this Website
Notice: Acceptance of Terms of Use
Use of this website is subject to the Terms of Use as set out in this notice and which constitute a legal agreement between you and Toymad or its affiliates(s). By using this website, you acknowledge that you have read, understood and agree to be bound by the Terms of Use. Please review the Terms of Use prior to viewing this site. If you do not agree with the terms thereof, please do not use this website.
Copyright
The contents of this website are copyright © property of Toymad & Motherbase Ltd or its suppliers. You may view this site and electronically copy or print hard copies of parts of it for your personal, non-commercial use only. You may not distribute, reproduce, display, publish or otherwise commercialise any part of this website without our written permission.
Trademarks
This site contains registered and other trademarks belonging to Toymad & Motherbase Ltd or its suppliers. Except with our prior written approval, Toymad does not authorise the grant of any license or right to use those trademarks. Toymad prohibits use of any Toymad logo and trademark as a 'hot' link to any non-Toymad site unless the establishment of such link is approved in advance by Toymad in writing.
Linked Sites and Advertising
Our website may include links to third party sites. These links are provided as a convenience and their inclusion does not imply Toymad’ endorsement of the site or any association with their operators. Toymad is not responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. Similarly, any dealings you may have with any advertiser appearing on our website are solely between you and the advertiser or other third party. Toymad is not responsible or liable for any part of any such dealings or promotions.
Toymad reserves the right to prohibit links to its website and you agree to remove or cease any link upon our request. You may not frame any part of the website material by including advertising or other revenue generating material.
Disclaimer
The materials contained on this website are provided “as is” without warranties of any kind, either express or implied. This website is a general information service only. Use of the website material is at your own risk. Toymad is not responsible for any adverse consequences arising out of the use of information contained on the website. You should assess whether the material provided is appropriate in light of your own objectives, situation and needs. Toymad does not give any warranty of accuracy or reliability of information contained on the website to you or any other person.
Limitation of liability
While reasonable care has been taken to ensure the facts stated in the website are accurate and the opinions given are fair and reasonable, neither Toymad nor its contractors or employees, to the fullest extent permitted by law, will be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage caused (whether direct, indirect, consequential, special, or loss of profits) out of the use of, or the inability to use, the materials on this site. This limitation of liability applies even if Toymad or a Toymad representative has been advised of the possibility of such damages.
Terms of Use Revisions
Toymad may at any time revise these terms of use by updating this posting. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use to which you are bound.
Supply of Goods and Services
Terms of supply
We will endeavour to supply you with the goods or services ordered using this website or our mail / phone order services, but Toymad will not be liable to any person if we decline to fulfil, or are unable to fulfil, an order. Supply of goods and services to you is made on these Terms only (as we may amend them from time to time). The only circumstance where any variation to these Terms will apply is where Toymad has expressly agreed in writing to that variation. If there is any conflict with other terms of trade, these Terms will take priority over any other terms of trade.
Product information, images and colours
Product information given on the Toymad website or in our catalogues and promotional materials is for your guidance but does not afford a guarantee of use. Common sense and discretion are advised in the proper and safe use of all products purchased from us.
Each product purchased is sold subject to its Product Description. Toymad takes reasonable care to ensure that all details, descriptions and prices of products appearing on our website or in our catalogues and promotional materials are correct. Although we aim to keep these details as up to date as possible, the information, including Product Descriptions, appearing on this website or promotional publication at a particular time may not always reflect the position at the exact moment you place an order.
We cannot guarantee that your monitor’s display of any colour will be accurate. We will endeavour to deliver the corresponding products but do not warrant that the products we deliver to you will be identical to those displayed in the photograph or on your monitor. This also applies to the reproduction of colours and images published in Toymad catalogues or other promotional materials. Styled images or photographs are used in some cases, in order to help demonstrate how a product may be used or displayed.
Prices
The prices displayed on our website are those current at the time we accept your purchase order. Prices displayed in Toymad promotional materials are those current at the time of publication. In all cases, the prices displayed are quoted in NZ dollars and are valid and effective only in New Zealand. Toymad reserves the right to alter or correct prices without notice if necessary. If this occurs after you have placed an order we will contact you prior to processing your order to ascertain whether you still wish to purchase the affected products.
Prices for goods and services on this website are usually displayed inclusive of goods and services tax ("GST"). However, where corporate or bulk prices are displayed (such as on the “corporate services” pages of the site) these are exclusive of GST.
Gift Cards
You may request a gift message be sent with your purchase of a gift card or product, when it is delivered directly to your chosen recipient. Toymad may, at its discretion, remove from any message any content that we consider to be defamatory, obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
The Toymad gift wrap and gift message service is provided free on request with purchases made at retail prices. For corporate or bulk orders, these services will attract an additional fee.
Delivery Policy
Delivery fees will be calculated on this website after you have entered in your delivery address, before your enter your payment details. For telephone orders, they will be quoted at the time you place your order. Toymad delivers throughout New Zealand; however in some remote or isolated areas an additional delivery charge and delivery time may be required. Should your order incur an additional charge, we will advise you prior to processing your order. We do not deliver outside of New Zealand, but we are able to process orders from overseas delivered to a New Zealand address. In some cases an additional delivery fee may be required for extra large or heavy items and we will contact you before we continue with your order.
We will endeavour to deliver your purchase on the agreed delivery dates but we will not be liable for late delivery. Late delivery does not entitle you to cancel any order or part order. Delivery will be deemed to have been made when the goods arrive at the delivery point agreed with you. Delivery may be by installments if all the products are not available at the time of shipping.
Risk and Ownership
Risk in products purchased from us will pass to you on delivery, but legal and beneficial ownership will remain with Toymad until all sums owed to us, in respect of those products and all other products and services supplied by us, are paid in full. While property in the products remains with us, we have the irrevocable right to enter your premises where the goods are located and take possession of and remove the goods. Until ownership passes, you hold the products as bailee for Toymad.
Returns Policy
At Toymad, we stand by the quality of our product. Customer satisfaction is important to us.
Customers who have made retail purchases from our website or via telephone can return product purchased from us for a full refund or exchange within 14 days of purchase using the following process:
- Ensure the product is undamaged and in original condition and packaging.
- Return the product within 14 days from the date of the invoice.
- Return product to the Toymad Distribution Centre at the following address:
Toymad & Motherbase Ltd
Unit 5, 14 Airborne Road
Albany
Auckland
Upon receiving the product, we will refund your nominated credit card (within three working days) for the price you paid for the product. Toymad will not refund the original delivery costs relating to the return of non-faulty product.
If Toymad inspects returned product and deems it to be faulty, we will refund both the price you paid for the product and the delivery costs.
If product has been damaged in transit please call us on 0508 627 743 and we will arrange to replace the damaged products(s).
Customers who have made corporate or bulk purchases from our website or via telephone can only return product purchased from us if it is faulty or damaged in transit. In this case, please call us on 0508 627 743. Toymad will endeavour to replace the damaged or faulty product or, where this is not possible, issue a refund for the purchase value and agreed freight charges.
Warranties and Limitation of Liability
Toymad will pass on to you the benefit of any warranties given by the manufacturers or suppliers of the products we sell. However, we expressly exclude to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise.
Our liability for any claim, damages, loss or expense related to the supply by us of goods or services is limited to the cost paid by you for the goods or services except where statute expressly requires otherwise. To the fullest extent permitted by law we will not be liable in any event whether in tort (including negligence), contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.
Other Important Notices
Changes to Terms and Conditions
We reserve the right to change these Terms at any time by notifying users of the existence of revised terms and conditions through the website. By continuing to access the website, you agree to be bound by the amended terms and conditions.
Waiver
If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other term.
Severability
If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
Governing Law
These Terms are governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
