MyTOYS Terms and Conditions

myTOYS Limited ("myTOYS")
Terms and Conditions of Sale and Service ("the Terms")

Please read these Terms and Conditions of Sale and Service Carefully.
The Terms outlines the Terms and Conditions that apply to any order of goods through the myTOYS website. Orders are accepted for purchases and deliveries within New Zealand only and to persons aged 18 years and over.

General – The Contract

1. In the Terms, "Software" includes all relevant documentation, manuals, printed and written matter; "Products" means computer hardware, peripherals, accessories, home entertainment equipment and services.
2. When you purchase any product or service presented on the myTOYS website, the Terms will apply and constitute the "Contract" between myTOYS Limited and the Buyer ("Buyer").
3. From time to time, myTOYS may revise the Terms in whole or in part and if it does so, the revised changes will be incorporated into the Contract from the date myTOYS advises the Buyer of the revised Terms.
4. Any order placed by the Buyer through the myTOYS website shall be subject to the Terms. myTOYS reserves the right to accept or not accept an order or part of an order. Any part of any order that is inconsistent with the Terms will be invalid unless accepted in writing by myTOYS.
5. The "Contract Price" is the total of the price for the Products at the date of invoice and the cost of freight to the designated delivery point and any applicable goods and services tax (and any other tax), and all other charges in relation to the supply and delivery of the Products.

Product

1. myTOYS relies on information from its suppliers and product manufacturers. Product descriptions, illustrations and literature are therefore not binding on myTOYS. If the product received does not match the description on the myTOYS website, the Buyer should inform myTOYS immediately so that appropriate action can be taken.
2. Products and components will be supplied as ordered. Integration services, unless specifically included in the Product description, can be purchased separately.

Price and Availability

1. All prices are in $NZ and exclude GST unless otherwise stated.
2. All pricing and availability is subject to change without notice
3. myTOYS cannot guarantee goods online will always be available when an order is placed.
4. All specials and promotions are available while stocks last. myTOYS reserves the right to limit the quantities on promotions.
5. Any verbal quotations are subject to written agreement.
6. Prices do not include delivery surcharges.

Buyer Liability

The Buyer is liable for every order on the myTOYS website made under their Login and Password.

Payment Options and Fraud Protection

1. Payment can be made by direct credit, cheque, bank cheque, credit card (Amex, Diners, Visa, MasterCard), or by opening a credit account with myTOYS.
2. Payment option is selected upon ordering and payment has to be received before supply unless prior arrangements have been made in writing by myTOYS.
3. Payment made by cheque or other bank transfers will not be considered payment until payment has been fully cleared by the bank and is evident in myTOYS's bank account.
4. In the interest of protecting all parties, myTOYS credit and fraud checks every order placed and reports all incidences of attempted stolen card useage and identity theft to the police.
5. We reserve the right to ask for proof of identity of a credit card holder, issuing bank verification and/or other relevant details as deemed necessary to confirm a legitimate purchase.
6. Call Back Policy. We reserve the right to contact a customer by phone to verify details of identity and/or order. A valid phone number registered in New Zealand is required otherwise your order may be rejected immediately.
7. We reserve the right to record transaction details and IP numbers.

Title

Unless otherwise agreed in writing by myTOYS, ownership of the Products remains with myTOYS and does not pass to the Buyer until full payment is received.

The Buyer will be liable for any expenses, costs or disbursements incurred by myTOYS in recovering any outstanding payments including but not limited to solicitor costs or debt collection agency fees.

Delivery

1. Delivery charges are not included in the price listed on the website and will be added to your order subsequent to the confirmation of the Buyer's delivery location. The Buyer will be able to view the full charge before entering payment details.
2. Delivery will not take place until full payment has been received.
3. Delivery will be made to the place nominated by the Buyer.
4. All claims for shortages, damages or losses during delivery must be made to myTOYS within 2 days of the date of delivery.
5. myTOYS reserves the right to suspend delivery of further Product if the terms of payment are not strictly adhered to by the Buyer.
6. If the Product is asked to be delivered directly to another person, that person takes possession of the Product for the Buyer as their agent, but the Buyer is still directly responsible to myTOYS under the Terms.
7. myTOYS ensures that all Product is sufficiently packed and therefore all claims for shortages, damage or loss in transit, must be made to the carrier. We advise you to:
   1. Refuse acceptance of Product that appears damaged on arrival from the carrier delivering the Product or ensure the carrier's note is authorized accordingly.
   2. Ensure that the complete shipment as per the carrier's note has been received.
8. No claim for shortages, damages or loss in transit will be accepted unless the Buyer notifies myTOYS of the shortage, damage or loss in transit within 2 days of the delivery.
9. Delivery is only made to a physical address. No deliveries can be made to a Post Box or Private Bag number.

Delay

The time provided for delivery of Product is an estimation only and myTOYS will not be liable to the Buyer for failure to supply on any grounds whatsoever , the Product at the given time.

Returns

To the extent permissible by law, and where not inconsistent with any warranty provided to the Buyer by the Manufacturer, myTOYS offers a 7 day return policy for Non-Faulty Products.
Faulty Products are subject to the Manufacturer Warranty only and myTOYS will forward the benefit of those warranties to the Buyer without being directly liable.

Non-Faulty Returns

In most cases myTOYS will accept return of any non-faulty Product within 7 days of its invoice date provided that:

1. The Product is unopened and in a saleable condition with no rips, tears or writing.
2. Special orders including customized Product may not be eligible for return or will incur restocking fees.
3. Non-faulty returns i.e. purchased in error or customer has changed their mind on a product, may incur a re-stocking fee of 10%
4. The Buyer is liable for any freight charges in relation to the return of the product.
5. The Buyer is liable for any damage caused by inadequate packaging on the return of the product.
6. The Buyer accepts all responsibility for insurance and risk of the product during transit from the Buyer to myTOYS or the Manufacturer (as specified).
7. The correct procedure is followed for returning Product
8. NOTE: myTOYS does not accept any non-faulty returns on:
1. Clearance stock (unless faulty)
2. Special promotions (unless faulty)

Faulty Returns

Product is subject to the Manufacturer's Warranties only. myTOYS will forward the benefit of those warranties to the Buyer, without being directly liable to the Buyer under any warranty. Where Product is subject to a return to base warranty, the Buyer is responsible for returning it to myTOYS or the Manufacturer (as provided by the warranty). The Buyer may be responsible for any additional costs including (but not limited to) freight charges.

DOA (Dead on Arrival) Returns

If a product fails within 5 days of purchase date, you may be eligible to receive a forward replacement of your faulty product. In this situation myTOYS will arrange for a replacement Product to be delivered to you. Upon receipt of the replacement Product you must return the faulty product back to myTOYS or the Manufacturer (as specified) or you will be charged for the replacement product.
Note: Not all Product is eligible for forward replacement as each Manufacturer has different policies. Authorisations are made on a case by case basis.

Liability

To the extent permissible by law, myTOYS will not be liable for any direct, indirect, special loss or damage, loss of profits, injury (of any kind) suffered by the Buyer or associated persons, and whether arising directly or indirectly from any of the following:

1. Defect or non-compliance of Products supplied.
2. Negligence, misrepresentation or other act or omission by myTOYS, its employees, agents or contractors.
3. Breach of any of myTOYS's obligations under the Terms.
4. Cancellation or termination of the Terms.
5. Any other cause.

and the Buyer shall indemnify myTOYS against any claim by any of the persons above or their delegates against any loss, damage or injury for which myTOYS's liability is excluded by this clause.
To the extent permissible by law and notwithstanding anything in the Terms, myTOYS's liability, whether in contract, pursuant to cancellation or termination of this contract, in tort, or in any otherway, concerning all claims for loss, damage or injury which arise directly or indirectly from any events, shall not in total exceed the Contract Price for the Products in regards to which the loss, damage or injury arose.

Consumers Guarantee Act

Nothing in the Terms is proposed to contract out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by the Act.
If Product is acquired by the Buyer for business purposes, the Buyer agrees that the Consumer Guarantees Act 1993 does not apply.

1. Where Product is acquired by the Buyer for business purposes or to supply in trade to a person, then the provisions of the Consumer Guarantees Act 1993 are excluded from any supply agreement and to the extent permitted by law, statutory or implied conditions, warranties and guarantees which would apply are expressly excluded and the Consumer Guarantees Act 1993 does not apply in respect of the goods.
2. If the Product is not acquired for business purposes, to the fullest extent of the law, myTOYS's liability for breach of any implied warranty or condition which is unable to be excluded is limited, at myTOYS's discretion, to the replacement of, and the cost of replacing the Product; the supply of, and the cost of supply of equivalent Product; the repair of and the cost of supplying the repair to the Product.

Unsolicited Electronic Messages Act

Under the Unsolicited Electronic Messages Act 2007 (in effect 05 September 2007) you must provide your consent to receive promotional emails. When you register and join www.mytoys.co.nz we take this as in indication and acknowledgement that you would like to receive emails from us about our products, services and special offers. If you do not want to receive the newsletter emails from myTOYS, please send an email to help@mytoys.co.nz with "no newsletter emails" in the subject line. At any stage, you may also elect to opt out of our mailing list by sending an email to help@mytoys.co.nz or by selecting UNSUBSCRIBE at any time on any of our newsletters.

Waiver

All the original rights, powers, exemptions and remedies of myTOYS will remain in full force and effect notwithstanding any neglect, forbearance or delay in their enforcement. myTOYS shall not be deemed to have waived any of the Terms unless such waiver shall be in writing. Any such waiver, unless myTOYS expressly states the contrary, shall apply to and operate only in the particular transaction, dealing or matter.

Governing Law

The Terms are administered by, and shall be interpreted in agreement with, the laws of New Zealand and the parties agree that any dispute under it shall be subject to the exclusive jurisdiction of the New Zealand courts.