Terms And Conditions
By continuing to browse, view content and place orders on the Huggable Toys website, you, the company, customer, visitor or anyone acting on your behalf, is deemed to fully and unconditionally agree to these Terms and Conditions. Should you visit or purchase from any business affiliated with Huggable Toys, whether or not included on the website, you will be subject to the terms and conditions application to such service or business.
Minimum Wholesale Purchase Requirement/Credit Account
Wholesale orders are for resellers of our product and all wholesale orders placed should be for a minimum deliverable stock value of $150 + GST. Huggable Toys will email customers to advise if orders cannot be processed due to non-minimums so the order that they can then be increased to the required level. The $150 + GST value is calculated excluding any freight charges. Huggable Toys may change this at their discretion so please contact us if required.
All first wholesale orders with Huggable Toys are on a proforma basis. Subsequent orders will only be on a 30-day credit account as long as a signed credit application is received including signature of the personal guarantee section.
When you visit Huggable Toys or send emails to us, you are deemed to be communicating electronically and as such consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site or via social media. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Security/ Your Account
The integrity and security of information between you and the Huggable Toys website is not assured or guaranteed to the full extent. Likewise, we cannot and will not accept responsibility for the safe keeping, transmitting, and the overall security of information sent to and from our website/server(s). You, the company, customer, visitor, or any other person are responsible for maintaining the confidentiality of your account, username and password and restricting access to your computer. By using this site, you agree to accept responsibility for all activities occurring under your account and/or password. You should take steps to ensure they are protected by relevant third-party software including, but not limited to, firewall software, anti-virus software, and other security protection software at all times. Whilst efforts are made to reduce such risk on our server(s), you, the customer, visitor, or any other person acknowledges that any information sent to or from our website, is done so at your own risk.
Whilst Huggable Toys sells products for children it does not sell products to children, selling them only to adults who can purchase with a credit card. Huggable Toys and affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You are responsible for the accuracy of your Customer Details. Information relating to your identity, address, contact details and all other relevant information shall be kept up-to-date and maintained by you. Failure to update and maintain your customer details may result in:
a) Misdirected/lost/delayed shipment to you or the recipients you nominate,
b) Rejection of any claims made by you regarding misdirected/lost/delayed shipments to you or the recipients you nominate,
c) Total denial of shipment to you or the recipient(s) you nominated,
d) Cancellation/suspension of your Account
e) Refusal by your bank/credit union/financial institution to process your payment
License and Site Access
Huggable Toys gives you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Huggable Toys. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Huggable Toys on a provision such a link does not portray Huggable Toys, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Huggable Toys logo or other proprietary graphic or trademark as part of the link without express written permission.
Through its own discretion Huggable Toys may have reason to prevent you, the company, customer, visitor, or any other person from gaining access to our website through any means/technologies available at its disposal. Any person identified as a potential security threat or anyone who has attempted to claim/purchase goods in a fraudulent or dishonest manner will immediately have their IP blocked. Where any law is broken or a crime is committed, Huggable Toys may also report such matters to the appropriate law enforcing bodies.
All content included on our website is owned by Huggable Toys and as such is protected by international copyright laws. Where content is supplied by external providers, such content is deemed to be owned by the said organisation/s and is also protected by international copyright laws. No content is to be used in anyway without the written permission of Huggable Toys or original copyright owners.
You, the company, customer, visitor or anyone acting on your behalf are prohibited from making use of any intellectual property, trademarks, or logos owned and found on the Huggable Toys website without permission of Huggable Toys or original copyright owners. When perusing the Huggable Toys website content may be downloaded, printed or viewed only for private, non-commercial use for the exclusive purpose of product evaluation, making a purchase or promoting the sale of product to others.
Huggable Toys and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
Product Pricing and Transactions
Once you have become a registered user of the Huggable Toys website, product pricing will be visible against all products. The product pricing will be in AUD.
Discounted or special pricing or products offered via a promotion applies to the Huggable Toys price and no further discounts or rebates are applicable. Promotional and/or volume discounts cannot be used in conjunction with any normal customer discount or rebate.
Items purchased under a clearance, as seconds or a special deal are non-returnable and non-refundable.
Credit/Return of Goods
We request all products are checked upon arrival into store and any claims made with 7 (seven) days of the date of delivery of goods. All credit claims must be made in writing – via email. Any goods purchased by the customer may only be returned to Huggable Toys where notification of the proposed return of the goods is received within the applicable period and Huggable Toys has agreed in writing (by way of Return/Credit Authority) to accept the return and/or credit of the goods. Stock must be returned in a resalable condition or credit may be refused.
A 10% restocking fee may be applied to all returns made contrary to the claim.
Risk of Loss
All items purchased from Huggable Toys are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Huggable Toys and its affiliates makes every effort to ensure the accuracy of our website content, however, you, the company, customer, visitor, and any other person acting on your behalf are advised that occasionally errors in the name, description, quantity, size, and any other aspect of the goods may give you a false or misleading impression on the goods and services offered by Huggable Toys. No errors are ever made deliberately nor with the intention to mislead or deceive. Omissions of varying kinds, incorrect pricing, and other factual mistakes may arise from time to time. If any piece of information relating to the goods or services is suspected of being incorrect, the customer is advised to adopt a cautious approach and notify Huggable Toys for clarification prior to purchase. If a product offered by Huggable Toys itself is not as described, your sole remedy is to return it in unused condition.
Huggable Toys reserves the right to cancel or refuse any purchases made. In the event of an incorrectly stated/advertised price where the customer had made a purchase, the customer will have the option to either have their purchase price refunded or have the same amount credited to your account to use to make another purchase.
Changes to Terms and Conditions
Huggable Toys reserve the right to make changes and amendments to these Terms and Conditions at any time on an on-going, ad-hoc basis, as needed and legally/ethically required, and at any other time it deems fit or necessary. By further visiting or purchasing goods from our website, you are deemed to have fully read, understood the Terms and Conditions, and thereby agree unconditionally to the Terms and Conditions, including any changes made.
Disclaimer of warranties and limitation of liability
This site is provided by Huggable Toys on an “as is” and “as available” basis. Huggable Toys makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Huggable Toys disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Huggable Toys does not warrant that this site, its servers, or e-mail sent from huggable toys are free of viruses or other harmful components. Huggable Toys will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
By visiting Huggable Toys, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Huggable Toys or its affiliates.
Any dispute relating in any way to your visit to Huggable Toys or to products you purchase through Huggable Toys shall be submitted to confidential arbitration to Huggable Toys, except that, to the extent you have in any manner violated or threatened to violate Huggable Toys’ intellectual property rights, Huggable Toys may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Huggable Toys may provide links to the sites of retailers offering our products. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Huggable Toys does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.