These terms set out the agreement for online trading between The Toucan Shop Pty Ltd (ABN 41 164 356 245)  and the user of this website (“You/Your”) Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.

This Website is owned and operated by The Toucan Shop.

Placing an Order and Payment

By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website.

Payment must be made at the time of submitting the Purchase Order. Payment can be made by Visa, MasterCard, Amex,  or PayPal only. You warrant that You are an authorised user of the credit card,  or PayPal account used to complete payment.

All Purchase Orders placed through this Website are subject to confirmation and acceptance by The Toucan Shop. We will email you with confirmation of the receipt of Your Purchase Order. The Toucan Shop may reject Your Purchase Order for any reason and refund any payment made by You, at any time prior to dispatch.

The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card – your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. In some areas of the site, prices will be shown with an estimate of the price in your home currency. These converted prices are for information purposes only, to help you get an idea of the approximate cost of a product, and they may not be the exact amounts that will appear on your credit card statement. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit card provider. For this reason we are not able to take responsibility for the final amount charged to your credit card or PayPal account.

The Toucan Shop may vary prices in the event of price changes or mistakes on this Website without prior notice to You. If The Toucan Shop requests payment for increased prices, You may cancel the order. Notification of your wish to cancel the order in these circumstances must be received within seven (7) days of the announcement of the increase.

Gift Cards

Gift Cards may only be redeemed at the The Toucan Shop website. Gift Cards are not redeemable for cash. Unfortunately, The Toucan Shop does not take responsibility for any lost or stolen Gift Cards.

Return Policy

All sales are subject to our Returns Policy.

Faulty Policy

Every product we send out is initially quality controlled, however if you have received a product with a manufacturing fault we will, in accordance with our obligations under the Australian Consumer Law or similar legislation, happily replace it or refund the cost Please see our Returns Policy for further information. Please note that wear and tear in the course of normal use is not considered a manufacturing fault. Please note our products are handmade and may vary from photos.

Security

This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device that ensures that any data, which you enter into a secure area of the site, is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.

The Toucan Shop does not store or keep credit card numbers from online transactions. In the event a credit card is used without the holder’s authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.

Limitation of Liability

To the extent permitted by law, all guarantees, warranties or representations which are not expressly stated in this Agreement are excluded. If The Toucan Shop is liable for breach of an imposed guarantee or implied warranty or representation, The Toucan Shop’s liability is, at its option limited to the replacement of the Products or the supply of equivalent products, the repair of the Products or the payment of having the Products replaced or repaired.

The Toucan Shop has provided information on this website as accurately as possible. We take all care to keep the details of your orders and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the site.

Your Use of the Website

You agree that You will use this Website in accordance with these terms and conditions and that You will not use this Website for any unlawful purpose.

You will not violate or attempt to violate the security of this Website. You will not hack into this Website, The Toucan Shop computer systems or the computer systems of other users of this Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer.

By entering this Website you agree to these terms and conditions. From time to time, this Agreement will be reviewed and may be revised. The Toucan Shop reserves the right to change this Agreement at any time.

Intellectual Property

The Toucan Shop owns the intellectual property in its designs and images. The Toucan Shop prohibits the use of its designs and images for any purpose without prior written permission from The Toucan Shop.

Reproduction of part or all of the contents in any form of this Website is prohibited other than for individual and personal use no part of this Website may be reproduced or shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.

Unless otherwise noted, all materials on this Website are protected as the copyright, trademarks and/or other intellectual properties owned by The Toucan Shop. The Toucan Shop trademarks on this site represent some of the trademarks currently owned or controlled in Australia. You acknowledge that The Toucan Shop is entitled to require you to remove any link from another website to this Website which you install without obtaining The Toucan Shop prior written consent.

All photos on The Toucan Shop’s website are copyright of the photographer Edwina Pickles and must not be used without written consent.

Termination

The Toucan Shop reserves the right to terminate the agreement to supply Products to you at any time before the Products are dispatched to you. The Toucan Shop shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.

If the Product has not been delivered to You prior to any termination of this Agreement by The Toucan Shop, The Toucan Shops will refund to You any payment You have made prior to termination.

Entire Agreement

This Terms of Sale and Use of Website Agreement together with the other policies on this Website are the entire agreement between us.

Governing Law

This Agreement will be governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state.

Definitions

“Agreement” means the terms and conditions that apply to the use of this Website which may be amended from time to time.

“Product/s” means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.

“Purchase Order” means the online purchase order form to be completed by You in relation to Your purchase of the product.

“Website” means internet website with the URL www.thetoucanshop.com and www.thetoucanshop.com and associated websites.