MAKING A PURCHASE
Orders And Acceptance
When you place an order, Toma Pots will send you a confirmation email with the details of your order. This is not an acceptance of your order. Orders are only accepted when Toma Pots expressly notifies you of its acceptance. Toma Pots reserves the right to accept or decline, in whole or in part, any order placed by you.
Toma Pots will notify you as soon as possible regarding the availability of the products you have ordered. If Toma Pots advises you that a product you have ordered is longer available, your order is automatically declined.
If a product you have ordered is temporarily out of stock, Toma Pots will place that product on back order and supply it when stock becomes available, unless you notify us that you wish to cancel the order which you may do any time before the product is shipped. Toma Pots will advise you of the delay.
Delivery And Risk
Toma Pots will endeavour to deliver products for accepted orders to the shipping address specified in your order on or before any estimated delivery date, including those set out in the Shipping Information Page of our Web Site. Toma Pots does not warrant or undertake that it will do so.
All risk in the products will pass to you once the products are delivered to the delivery address specified in your order.
Price, Additional Fees And Special Offers
Prices are subject to change.
The prices displayed on our Web Site may differ from prices that are available in stores or in catalogues, and our pricing may differ from store to store.
A shipping and processing fee will apply to all shipments of Toma Pots products. These are in addition to the quoted price and can be found on at the Shipping Information Page of our Web Site. Our shipping and processing charges are intended to compensate Toma Pots for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to review detailed information about our shipping and processing fees.
Occasionally we will offer special promotions to our customers that we refer to as “special offers” or “special offer” on this page. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
Payment
You must enter your payment details at the time you place your order. However, payments will not be processed until availability of the products you ordered have been confirmed and your order has been accepted. All prices are and payment must be made in Australian currency.
USE OF OUR WEB SITE
User Comments
We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent to our Web Site shall be and remain the exclusive property of Toma Pots. By submitting any such Comments, you grant Toma Pots a perpetual, non-exclusive, worldwide, royalty free, sub-licensable licence to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, recipes, computer code or original artwork.
You further agree that you will not upload, post or otherwise make available on the Web Site any material protected by intellectual property rights owned by a third party. You will be solely liable for any damage resulting from your Comments including any infringement of intellectual property rights, or any violations of rights of privacy, or any other harm resulting from any Comments that you make. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Comments posted by you to or through the Web Site and indemnify us against any costs or expenses that the we suffer or incur as a result of any comments posted by you.
When submitting Comments to or otherwise using the Web Site, you agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (eg privacy) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trade mark.
- Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian).
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Web Site or take any content from the Web Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions, goals, profiles or Comments posted by others on the Web Site.
NOTE: This list of prohibitions provides examples and is not complete or exclusive.Toma Pots takes no responsibility and assumes no liability for any Comments posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Hyperlinks To Other Web Sites
To the extent our Web Site contains hyperlinks to outside services and resources, the availability and content of which Toma Pots does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
GENERAL TERMS
Disclaimer
This Web Site and all content available on this Web Site are provided on an “as is” basis without any warranty or guarantee except as required by law. The Competition and Consumer Act 2010 (Cth of Australia) may confer rights, guarantees and remedies on you in relation to the provision by Toma Pots of goods and services from the Web Site, which cannot be excluded, restricted or modified. Toma Pots does not exclude, restrict or modify those rights. To the maximum extent permitted by law, Toma Pots disclaims all other representations, guarantees, warranties and terms, either express or implied, including without limitation warranties and guarantees of fitness for a particular purpose.
You acknowledge, by your use of this Web Site, that your use of this Web Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Web Site, and that Toma Pots shall not be liable for any damages of any kind related to your use of this Web Site.
We understand that warranties, disclaimers and conditions may apply that cannot be legally excluded. Accordingly, in relation to goods and services supplied by Toma Pots, to the fullest extent permitted by law, Toma Pots’s liability for breach of any consumer guarantee, which cannot be excluded, is limited at the option of Toma Pots to:
- In the case of services supplied or offered by Toma Pots which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (i) the supply of services again, or (ii) the payment of the cost of having services supplied again; and
- In the case of goods supplied or offered by Toma Pots which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (i) replacing, or paying the cost of replacing the goods, or (ii) repairing or paying the cost of repairing the goods.
Inaccuracy Disclaimer
From time to time there may be information on our Web Site or in our catalogue that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. To the extent permitted by law, Toma Pots reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
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Any action relating to the use of the Web Site, catalogs or any transaction with Toma Pots must be brought in the courts of New South Wales, Australia.
Legal Statement
Copyright 2017 Toma Pots – All Rights Reserved.
All of the Content on this website is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Toma Pots, Inc. Your use of the trademarks, service marks, trade dress and copyrighted material displayed on this website is strictly prohibited. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Toma Pots, Inc. reserves complete title and full intellectual property rights in any Content you download from this Web site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content.
THIS SITE IS INTENDED FOR USERS OVER THE AGE OF 18.