Terms & Conditions

Thank you for visiting Toby’s Choice website.

Please read these Terms of Use carefully before using tobyschoice.com.au website (the “Service”) operated by Toby’s Choice (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Amendment of Terms

We reserve the right to amend these Terms at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

Privacy Policy

We are committed to protecting your privacy whilst interacting with our website. Please review our Privacy Policy, which also governs your use of our Site, to understand our practices.

Amendment of Terms

The Service and its original content, features and functionality are and will remain the exclusive property of Toby’s Choice and its licencors.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

OUR PRODUCTS AND SERVICES​

General

We reserve the right to refuse service to anyone for any reason at any time.

Your use of the Service is at your sole risk. The Service is provided in good faith and for general purposes only on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Any action you take upon the information you find on this website (Toby’s Choice), is strictly at your own risk. We will not be liable for any losses and/or damages in connection with the use of our website.

Pricing

All prices are in Australian Dollars (AUD)

We endeavour to ensure the prices reflected on website are accurate however should a product be listed an incorrect price due to a typographical error; we reserve the right to cancel any orders placed at the incorrect price, regardless of payment having been received. 

We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

Products

Loss or Damage

We are not liable for any loss or damage in relation to the consumption of our goods once they have been delivered. Though we provide guidelines as to the storage of our products, we are unable to ensure compliance after delivery and therefore cannot be held liable once the product has left our possession.

If we provide any products and we are in breach of any condition or warranty as implied by law that cannot be excluded, our liability is limited to the re-supply of products or we will provide a refund of the original cost of the product only.

Return Policy

If you are not completely satisfied with the Toby’s Choice product you have received, please contact us via email or call us on 0404 221 253 and we will endeavour to rectify the problem as soon as possible.  Please contact us as soon as possible after you receive a product, or in any event, within 2 days.

In most cases we will be happy to offer a replacement product or refund your money back.  In any event, we will abide by local Consumer Protection Laws at all times.

To avoid any product spoilage, we strongly suggest that you leave out an esky / cooler box or suitable storage for our  products so that they can maintain their freshness, especially in the warmer months.  We are not responsible for the manner in which you store Toby’s Choice products after delivery has been made.

Gift Vouchers

We recommend that you read these Terms of Use carefully before using the Gift Voucher. If you have any questions or would like more information about the Gift Voucher please contact us.

Agreeing to these Terms of Use
By using or attempting to use a Gift Voucher, or by making a transaction enquiry or exercising any right to redeem value of a Gift Voucher, you:

  • agree to be bound by these Terms of Use;
  • warrant to us that you will comply with these Terms of Use and all applicable laws and
  • acknowledge that you have read and understood our Privacy Policy

Gift Voucher Terms and Conditions

All Toby’s Choice Gift Vouchers are subject to certain terms and conditions, including:

  • Gift vouchers are redeemable for Toby’s Choice Products only.
  • Gift Vouchers cannot be used to purchase Gift Vouchers.
  • The Gift Voucher may not be used to pay delivery fees.
  • Gift Vouchers are for one use only.
  • Gift Vouchers may not be redeemed for cash. No credit or change will be given on the unused portion of the Voucher.
  • Your Gift Card will be valid for use for three (3) years from the date of issue and redemption must be made within this period. You will forfeit any balance not used prior to the expiry date.
  • If you want to use the Gift Voucher to make a purchase that exceeds the available balance on the Gift voucher, you must combine the use of the Gift Voucher with additional form of payment.
  • The original Gift Voucher must be presented. If the voucher cannot be produced then payment must be made for products. In this instance the voucher can be used at a future date (before the expiry date).
  • Gift Vouchers are not replaceable if lost, stolen or destroyed, photocopied or altered in any way and will not be accepted by Toby’s Choice or be otherwise redeemable.
  • We reserve the right to correct the Gift Voucher balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Gift Voucher if we suspect fraud, unlawful activity or improper Gift Voucher use. You agree that you will not use a revoked Gift Voucher.

Delivery

Delivery is free for local areas for all orders of $25.00 or more. A list of suburbs classed as local areas can be found within our Frequently Asked Questions. We also include a delivery map on the About Us page of the Toby’s Choice website.

If you are unsure as to whether we deliver to your suburb, or you have any queries in relation to delivery please call us on 0404 221 253 or email us.

When making and order we will contact you to confirm details of the order and delivery date. You do not need to be home to receive your delivery,if payment has been made or arranged, and it does not require a signature – we will simply leave it at your door or designated area for your convenience.

To avoid any product spoilage, we strongly suggest that you leave out an esky / cooler box or suitable storage for our  products so that they can maintain their freshness, especially in the warmer months.  We are not responsible for the manner in which you store Toby’s Choice products after delivery has been made.

Payment

All products are subject to Cash on Delivery or prearranged transfer of funds has been made prior to delivery.

Accuracy Of Information

We believe the information contained in this website is correct and it is provided to you in good faith.  However, we make no representation or warranty as to the accuracy, reliability or completeness of such information.

Our Service may contain links to third-party web sites or services that are not owned or controlled by Toby’s Choice.

Toby’s Choice has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Toby’s Choice shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of South Australia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Contact Us

For more information about our Terms and Conditions, or  if you have questions please contact us by e-mail.