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TERMS + CONDITIONS


This website is proudly owned and operated by TOBY HEART GINGER | ABN 76 158 629 335The use of this website is subject to these Terms of Use. 

These Terms of Use do not apply to online transactions made on the TOBY HEART GINGER websiteTOBY HEART GINGER is not liable to you or any other for any loss in association with the use of this website or a linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Please read the full Terms of Use.

Please note: TOBY HEART GINGER reserves the right to revise the Terms of Use at any time. However, since you are bound by these Terms of Use, you should occasionally refer to them.

DISCLAIMER OF LIABILITY

GENERAL DISCLAIMER

We are not liable to you or anyone else for any Loss in association with use of this website or a linked website. This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.  

SPECIFIC WARNINGS AND DISCLAIMER

The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website. You must take your own safeguards to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

We do not warrant that your access to the website will be uninterrupted or error free or that any defects will be amended. We may, from time to time, change or add to this website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.

Under no circumstances (including but not limited to any act or omission on the part of TOBY HEART GINGER) will TOBY HEART GINGER be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website. To the fullest extent permitted by law, TOBY HEART GINGER’s liability for breach of any Consumer Guarantee, which cannot be excluded, is limited at the option of TOBY HEART GINGER to the following: in the case of services supplied or offered by TOBY HEART GINGER, which are not of a kind typically acquired for personal, domestic or household use or consumption (a) the supply of the services again; or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by TOBY HEART GINGER, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of the replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired. In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the "General" section.

The Terms of Use are effective until terminated by TOBY HEART GINGER and TOBY HEART GINGER may terminate this agreement and your access to the website at any time without notice. In the event of termination you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

PAYMENT

All transactions are secure and encrypted, and we never store your credit card information.  All credit/debit card transactions on the TOBY HEART GINGER site are processed using Stripe. Payment information is also governed by Stripe's privacy policySecurity is Stripe's highest priority. Stripe meet or exceed the most stringent industry standards: each piece of Stripe's infrastructure and each stage of their operations are designed with security in mind. 

COPYRIGHT

This website is TOBY HEART GINGER copyright property. You are only provided with access to it for your personal or non-commercial use. Other than for the purposes of and subject to the conditions approved under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form or by any means: reproduce, distribute, store, print, transmit, display, perform, publish, adapt or create imitative works from any part of this website; or commercialise any services, products or information attained from any part of this website without our strict written permission.

TRADE MARKS

Certain products and services referred to in this website are trade marks of TOBY HEART GINGER. Other products and/or company names mentioned in this website may be the trade marks of other people or entities. Nothing confined in the website should be interpreted as permitting any licence or right of use of any trade mark or part of any trade mark exhibited on the website without the express written permission of TOBY HEART GINGER or any third party owner.

LINKED WEBSITES

This website may include links to other websites. The links that may be provided are for accessibility only and may not remain up-to-date or be maintained. Links to those websites should not be interpreted as any recommendation, endorsement, preference or approval by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless explicitly stated.

The linked websites are not under the control of TOBY HEART GINGER unless stated otherwise. And TOBY HEART GINGER is not accountable for the contents of any linked website. You link to any such website at your own risk. TOBY HEART GINGER may use this information to build up a consumer profile about you, which may allow us to tailor marketing material or offers which may be of interest to you. As with all of your personal information TOBY HEART GINGER will not provide this to third parties without your consent, except where: (a) such disclosure is permitted under the Privacy Act 1988; (b) TOBY HEART GINGER is required by law to disclose information to third parties; or (c) TOBY HEART GINGER has subcontracted some internal roles to third parties, for example data warehousing companies, mail contractors that carry out admin functions on their behalf.

DELIVERY INFORMATION

Always make sure that the shipping address that you enter in when checking out is correct as we are unable to redirect orders once they are on there way to you. Our delivery time window begins from the moment an order is accepted by us and includes a 24 hour period where your items will be processed and dispatched by our warehouse. Please keep in mind that it can take longer during our busy sale periods where it may take up to 32 hours period. Once orders are dispatched, it can take up to 3 or 4 days to arrive for all Australian orders. For International orders it can take up to 14 days, depending on your location. All customers will receive an email once their order has been dispatched with tracking information from our courier.

RETURNS POLICY

  • Items can be returned within 14 days of dispatch for AUS/NZ customers and 21 days of dispatch for all other countries
  • Returned items will be issued with an e-gift card upon receiving return back
  • We don't offer refunds for change of mind or incorrect sizing, including orders using Afterpay
  • Items must be in a saleable condition with all tags attached and in it’s original packaging
  • Items must not be damaged, worn, altered or washed. This includes make-up, fake tan marks, the smell of perfume or deodorant
  • We will only offer a refund for faulty or incorrect sizing sent.
  • We do not accept returns on cosmetics, earrings or undergarments (bras/underwear) for sanitary reasons.
  • The original invoice as proof of purchase is provided
  • Any products on sale cannot be returned.

HOW TO RETURN AN ITEM

To request your Return Authorisation Number (RA),

  1. Email orders@tobyheartginger.com and include your order number in the email
  2. Note whether you are after an exchange or credit
  3. Once receiving your RA number make sure item/s are placed in an appropriate sized satchel. Please note, return shipping costs are at the expense of the customer.
  4. Include invoice in satchel with RA number written on invoice
  5. Send through tracking number once shipped off
  6. Returns are generally processed within 2 business days of receiving your return

Return address :

TOBY HEART GINGER
PO BOX 3564
South Brisbane, Qld, 4101

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