Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods (goods) listed on our website www.smartcookietoys.com.au(our site) to you. Please read these terms and conditions carefully before ordering any goods from our site. You should understand that by ordering any of our goods, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.
Please click on the button marked "i accept" at the end of these terms and conditions if you accept them (you will be also asked to do this at check out). Please understand that if you refuse to accept these terms and conditions, you will not be able to order any goods from our site.
1. Information about us
www.smartcookietoys.com.au is registered in australia. Our registered office address is 166 holmes st, maroubra 2035, sydney, nsw.
2. Your status
2.1 our site is only intended for use by businesses in australia. If you are not based in australia please contact us by email at sales@smartcookietoys.com.au or by telephone at +61 (2) 9344 6800 to enable us to process your order.
2.2 these terms and conditions only apply to businesses and consumers.
2.3 by placing an order through our site, you warrant that:
2.3.1 you are legally capable of entering into binding contracts; 
2.3.2 you are acting as a business or individual;
2.3.3 you are at least 18 years old; and
2.3.4 you are based in australia.
3. How the contract is formed between you and us

3.1 after placing an order we will acknowledge that we have received your order. Please note that this does not mean that your order has been accepted. Your order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
3.2 these terms and conditions shall become binding on you and us when we deliver the goods to you, at which point a contract shall come into existence between us for the goods that we have delivered (a “contract”).
3.3 the contract will relate only to those goods which we have delivered to you. We will not be obliged to supply any other goods which may have been part of your order.
3.4 if you think that there is a mistake, please contact us and confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these terms and conditions before you accept them and submit the order, because you will be bound by the terms and conditions once a contract comes into existence between us, in accordance with condition 3.2.
3.5 these terms apply to a contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
3.6 any samples, drawings, descriptions or advertising that we issue, and any descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the goods.
3.7 we shall assign an order number to the order and inform you of it in the invoice or delivery note. Please quote the invoice number in all subsequent correspondence with us relating to the order.
3.8 we have the right to revise and amend these terms and conditions from time to time without notice to you. You will be subject to the policies and terms in force at the time that you order the goods from us, unless any change to those policies or these terms and conditions is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
4. Our guarantees

4.1 we warrant that on delivery the goods shall: 4.1.1 be of satisfactory quality;
4.1.2 be free from material defects in design, material and workmanship; and
4.1.3 comply with all applicable statutory and regulatory requirements for selling the goods in the united kingdom.

4.2 this warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
4.3 these terms and conditions apply to any repaired or replacement goods we supply to you in the unlikely event that the original goods are faulty or do not otherwise conform with these terms and conditions.
4.4 except as set out in these terms and conditions all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
5. Delivery

5.1 standard delivery: orders of stocked items will be delivered within 2-4 working days. If an item is out of stock, it will be placed on back order and sent to you when it is back in stock at no additional cost. All of the above delivery timescales are estimates only and are dependent on us/our manufacturers having the relevant goods in stock at the time of your order.large or bulky items that are marked as 'contact us for a freight quote' may incur an additional charge that will be accepted by you prior to order being placed.
5.2 delivery of the order shall be completed when we deliver the goods to you.
5.3 we will take reasonable steps to meet any estimated delivery date. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed.
5.4 if we fail to deliver our goods you must notify us within 7 days of the expected delivery date. Any claim that is made after the 7 day period will not be accepted. In any event, our liability shall be limited to the costs and expenses that you incur in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the goods. We shall have no liability for any failure to deliver the goods to the extent that such failure is caused by a force majeure event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the goods.
5.5 if you fail to take delivery of an order, then, except where this failure is caused by our failure to comply with these terms and conditions or by an event beyond your control: >5.5.1 we will store the goods until delivery takes place and may charge you a reasonable sum to cover storage, insurance and other expenses incurred.
5.5.2 we shall have no liability to you for late delivery.
5.6 if you have not taken delivery of the goods within 2 weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the goods or charge you for any shortfall below their price.
5.7 if we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
6. No hassle returns and returns of defective goods

6.1 subject to the limitations set out in condition 6.2 and the qualifications set out in this condition6.1, we are happy to take a return of goods for any reason and provide a full refund provided that:
6.1.1 you let us know that you wish to return the goods within 7 days of delivery;
6.1.2 the goods are in their original form including all packaging, are unused and all seals are unbroken.
6.2 the returns policy set out in condition 6.1 above does not apply to (a) goods that are substantially made up of materials that can be photocopied, (b) any bespoke goods, (c) any goods which contain living organisms or cultures, (d) dissection resources,(e)preserved specimens,(f) chemicals or (g) radioactive sources.
6.3 in the unlikely event that the goods do not conform with these terms, and the qualifications in condition 6.1 cannot be met, please let us know as soon as possible after delivery. We will then authorise the return of the goods and arrange to collect the goods on a date agreed between us (please note that we will not be responsible for any delay caused by a third party carrier) or ask you to return the goods to us at our cost and once we have confirmed that the goods are faulty, we will:
6.3.1 provide you with a full or partial refund; 
6.3.2 replace the goods; or
6.3.3 repair the goods.
6.4 these terms will apply to any repaired or replacement goods we supply to you.
6.5 in the unlikely event that you consider that our service has fallen below your expectations, please contact us to discuss.
7. Title and risk
7.1 the goods will be at your risk from the time of delivery.
7.2 ownership of the goods will only pass to you when we receive payment in full and cleared funds of all sums due forthe goods, including delivery charges, and any other goods that we have supplied to you.
8. Price and payment

8.1 the price of the goods will be as set out on our site at the time we confirm your order. Prices are liable to change at any time, but price changes will not affect orders that we have confirmed our acceptance of in writing.
8.2 these prices exclude gst which will be added to the total amount due at the checkout
8.3 these prices exclude delivery costs, which will be added to the total amount due at the checkout.
8.4 it is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced and we will, at our discretion, issue an errata list from time to time (also available on our website). Where the goods correct price is less than or higher than our stated price, we will charge the correct price when dispatching the goods to you.
8.5 if you do not have an account with us payment for all goods must be made in advance by credit or debit card.
8.6 if you have an account with us we may invoice you for the goods on or at any time after the date we have delivered the goods to you. The invoice will quote the order number. You must pay the invoice in cleared monies within 30 calendar days of the date of the invoice.
8.7 if you do not make any payment due to us by the due date for payment (as set out in condition 8.6), we may charge interest to you on the overdue amount. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
8.8 it is a criminal offence to use a false name or a invalid credit or debit card to purchase goods from our site.
8.9 if:
8.9.1 your payment for goods is overdue;
8.9.2 you have breached these terms and conditions; or 8.9.3 we suspect that you have or are about to engage in any kind of fraudulent activity in relation to our business we may terminate any of your outstanding orders, your account and may, at our sole discretion, refuse to accept any of your future orders.
9. Events outside our control
9.1 we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (force majeure event).
9.2 a force majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
9.2.1 strikes, lock-outs or other industrial action;
9.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 11.2.3 fire, explosion, storm or other adverse weather, flood, earthquake, subsidence, epidemic or other natural disaster;
9.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
9.2.5 the failure of our agents or subcontractors;
9.2.6 impossibility of the use of public or private telecommunications networks; or
9.2.7 the acts, decrees, legislation, regulations or restrictions of any government.

9.3 our performance under any contract is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the force majeure event to a close or to find a solution by which our obligations under the contract may be performed despite the force majeure.
10. Links
we may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that goods you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
11. Written communications
applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.