Terms of service

OVERVIEW
Welcome to Goki Toys. Goki Toys is a registered business name of Stardust Distribution Pty Ltd (ABN 78 698 751 147). The terms “we”, “us”, “our” and “Goki Toys” refer to Stardust Distribution Pty Ltd trading as Goki Toys. We operate this store and website at gokitoys.au, including all related information, content, features, tools, products and services (the “Services”). We are the authorised Australian and New Zealand distributor of Goki, Holztiger and Heimess products. We are not the manufacturer of these products. Our store is powered by Shopify.
The terms and conditions below, together with any policies referenced in them (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, do not use or access our Services.

AUSTRALIAN CONSUMER LAW
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Where any part of these Terms would otherwise do so, it does not apply to that extent.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We make every effort to represent our products accurately. Colours or product appearance may differ from how they appear on your screen due to your device and its settings.
Product descriptions may change at any time. We may discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. We may accept or decline your order. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change or cancel an order, we will notify you using the email address, billing address and/or phone number provided with the order.
Returns and exchanges are handled in accordance with our Refund Policy and your rights under the Australian Consumer Law.
You represent that your purchases are for your own personal or household use and not for commercial resale or export. Trade buyers can apply for wholesale terms at b2b.gokitoys.au.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Prices are in Australian dollars and include GST where applicable. Shipping charges are shown at checkout. For international orders, customs or import charges may apply and are the responsibility of the recipient.
We may offer promotions that are governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information, and to promptly update this information so we can complete your transactions and contact you as needed.
You represent that (i) the payment information you provide is true, correct and complete, (ii) you are authorised to use the payment method for the purchase, and (iii) you will pay charges incurred by you at the posted prices, including shipping charges and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
Delivery times are estimates. Subject to your rights under the Australian Consumer Law, we are not responsible for delays caused by shipping carriers, customs processing or events outside our control. See our Shipping Policy for details.

SECTION 6 - INTELLECTUAL PROPERTY
The content of the Services that we created, including text, page design, and the selection and arrangement of content, is owned by Stardust Distribution Pty Ltd or its licensors and is protected by copyright and other intellectual property laws.
Goki, Holztiger and Heimess, and their logos, product names and product images, are trademarks or copyright of their respective owners. They are used on this website with authorisation, in our capacity as the Australian and New Zealand distributor of these brands. We do not own these trademarks.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish or transmit any of the material on the Services without our prior written consent. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we do not monitor or control. Any use of optional third-party tools is at your own discretion, and you should review the terms on which these tools are provided by the relevant third-party provider(s). Subject to your rights under the Australian Consumer Law, we are not liable for your use of optional third-party tools.
New features we offer through the Services in future are also subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites operated by third parties. We are not responsible for the content or accuracy of third-party websites. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Our store is powered by Shopify. Any sales and purchases you make in our store are made directly with Stardust Distribution Pty Ltd trading as Goki Toys. Shopify is not responsible for any aspect of any sales between you and us.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. Because the Services are hosted by Shopify, information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in other countries, in order to provide services to you.

SECTION 11 - FEEDBACK
If you submit ideas, suggestions, feedback, reviews or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use.
You represent that: (i) you own or have all necessary rights to your Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We may, but are not obliged to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, defamatory, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
Your Feedback must not violate any right of any third party, must not be unlawful, abusive or obscene, and must not contain any malicious code. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties about the origin of any Feedback.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We may correct any errors, inaccuracies or omissions, and may change or update information or cancel orders if information is inaccurate. If we cancel an order you have already paid for, we will refund you in full.

SECTION 13 - PROHIBITED USES
You may use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame or intimidate any of our employees or any other person; (e) to transmit false or misleading information; (f) to send spam or unsolicited advertising; (g) to impersonate any other person or entity; or (h) for any other conduct that restricts anyone’s use of the Services or that may harm us, Shopify or users of the Services.
You also agree not to: (a) upload or transmit malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services. We may suspend or terminate your account if you breach these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services at any time. You remain liable for all amounts due up to and including the date of termination. Sections that by their nature should survive termination continue to apply.

SECTION 15 - DISCLAIMER
The information on the Services is provided for general information purposes. To the extent permitted by law, and subject to the Australian Consumer Law section above, we do not warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

SECTION 16 - LIMITATION OF LIABILITY
To the extent permitted by law, and subject to your rights under the Australian Consumer Law, we are not liable for any indirect or consequential loss arising from your use of the Services. Nothing in this section limits our liability for failure to comply with a consumer guarantee under the Australian Consumer Law.

SECTION 17 - INDEMNIFICATION
You agree to indemnify us against any losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party arising out of (1) your breach of these Terms, or (2) your violation of any law or the rights of a third party.

SECTION 18 - SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision is enforceable to the fullest extent permitted by law, and the unenforceable part is severed. This does not affect the validity of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision.
These Terms and any policies posted by us on this site are the entire agreement between you and us regarding your use of the Services, and supersede any prior versions of these Terms.

SECTION 20 - ASSIGNMENT
You may not assign these Terms or any of your rights or obligations under them without our prior written consent. We may assign these Terms and our rights and obligations under them.

SECTION 21 - GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales.

SECTION 22 - HEADINGS
The headings in these Terms are for convenience only and do not affect their interpretation.

SECTION 23 - CHANGES TO THESE TERMS
You can review the current version of these Terms at any time on this page. We may update these Terms by posting changes on our website. Changes apply from the date they are posted and do not affect orders placed before that date.

SECTION 24 - CONTACT INFORMATION
Questions about these Terms can be sent to info@gokitoys.au.
Goki Toys
A registered business name of Stardust Distribution Pty Ltd
ABN 78 698 751 147
41 Inkerman Road, Balaclava NSW 2575, Australia
+61 437 100 045
info@gokitoys.au