Terms & Conditions

 

Terms and Conditions of Use and Sale

 

Welcome to HiToo!

HiToo.com.au is a unique, operated shopping platform that allows you to buy goods from a wide range of sources. We sell goods to you through our site in what we call our marketplace - so you can enjoy thousands of great deals on a massive range of products!

Here you'll find our terms and conditions that apply to you when using the site. We hope you enjoy your next HiToo with us!

  1. User Agreement
    1. By using the HiToo.com.au website (and App and mobile site) and our social media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy. This Agreement is between you and HiToo.com.au Pty Ltd (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
  2. Registration and User Requirements
    1. You must be a registered member to access some features of the Website or our services. When you register, you will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
    2. By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
    3. To register an account or to use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.
  3. Access and use of the Website
    1. You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
    2. You must not (or attempt to):
      1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site.
      2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site.
      3. interfere (or attempt to interfere) with security-related or other features of our site; or
      4. use, copy or distribute (or attempt to use, copy, or distribute) content without our express permission.
    3. We may refer fraudulent or abusive or illegal activity to the relevant authorities. If you have an account with us, you are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorized activity on your account if you fail to keep your account login information secure.
    4. You must not use another member's account without our, and/or the other user's, express permission. If you suspect or become aware of any unauthorized use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including changing your password).
    5. We do not warrant that the Website will be always available and without disruption and we provide no warranties in relation to the content of any other website linked to or from our website. 
  4. Information on this Website
    1. Information about goods on the Website is based on material provided, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us.
    2. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
    3. Due to photographic and screen limitations associated with the representation of goods, some actual goods (including clothing, apparel, and shoes) may differ to a small extent in visual appearance (for example in color) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes and may not be an exact representation of the product or service received.
  5. Disclaimer and Liability
    1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer because of:
      1. errors, mistakes or inaccuracies on the Website or our social media pages.
      2. you act or not acting on any information contained on or referred to on the Website and/or any linked website or our social media pages.
      3. personal injury or property damage of any nature resulting from your access to or use of the Website.
      4. any unauthorized access to or use of our secure servers and/or personal information and/or financial information stored on those servers.
      5. any interruption or cessation of transmission to or from the Website.
      6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our website.
      7. the quality of any product or service of any linked site.
    2. Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
    3. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental, or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
  6. Indemnity
    1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement. 
  7. Placing Orders
    1. You are responsible for any discrepancies or errors in your order caused by you.
    2. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
    3. Orders placed by you are offers to purchase either:
      1. Goods and/or services under the terms and conditions in this Agreement, terms and conditions at the price specified (including delivery and other charges); or
      2. Goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
    4. Goods sold by HiToo.com.au are not reserved in-cart, and an order is only finalized when you have completed the checkout process and received an order confirmation from us, and payment is received in full.
    5. We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
    6. Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will be refunded in full.
    7. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. If you change your mind, you can return your goods provided you meet the requirements set out in our Change of Mind Returns policy in clause 17.
    8. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
    9. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order. 
  8. Guest Checkout
    1. You can make purchases on our website without creating an account by using our Guest Checkout.
    2. When you use Guest Checkout, we will collect any personal information you provide, including your name, email, and delivery address, in accordance with our Privacy Policy.
  9. Price and Payment
    1. The prices of goods, delivery and other charges shown are in Australian dollars.
    2. All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
  10. Shipping and Delivery
    1. Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.
    2. We will use our best endeavors to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard and express shipping).
    3. Standard and express shipping are subject to different fees and charges. In addition, certain goods (including large and bulky items or special orders) may be subject to additional charges. All shipping charges will be made available to you at checkout.
    4. Express shipping is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout.
    5. For goods sold on HiToo (including by HiToo and on our Marketplace), some orders may not require a signature and will be left in a safe place at your delivery address in accordance with our courier partner's standard practices.
    6. A signature may be required for some deliveries. You are responsible for ensuring you can accept delivery. Neither we will be responsible:
      1. for late delivery where attempted delivery has occurred on or before the stated delivery timeframes.
      2. for lost or missing parcels that have been signed for at your selected delivery address (regardless of whether you have personally accepted delivery).
      3. for lost or missing parcels left at your chosen location where you have expressly given authority to leave with the item's carrier.
    7. If you opt to pick up your order from Australia Post location:
      1. Your order will be shipped to your chosen location and will be ready for collection when we notify you.
      2. You must collect your order within 14 days of being notified it is ready for collection. If you do not collect your order within this time frame, your order will be considered abandoned and will be returned to our warehouse. You will be refunded for the order, less the amount of a shipping and handling fees and an additional re-stocking fee of up to $9 per order (depending on the order).
    8. We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.
  11. Packaging and Labelling
    1. We endeavor to depict goods available for order using accurate images of the goods. At times, however, goods delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
    2. We recommend that you read the labels and instructions on foods or other consumables prior to consumption or use.
    3. Because some goods are imported or originate from outside of Australia, their packaging, ingredients, composition, and quality may vary from the same or similar product available in Australia and made directly for the Australian market. 
  12. Software and Technology Purchases – Limitation of Liability
    1. You acknowledge that storage media such as hard drives in laptops, external hard drives, SD cards and USB keys can fail without warning, leading to a loss of data. You should regularly back up software stored on the media. If storage media ordered from us becomes faulty, fails, or otherwise detrimentally affects software or data stored on it, except as required by law, we will not be liable for any loss or damage to the software or data.
    2. If you return storage media (such as a hard disc drive) whether separately or as a part of another product, to us for any reason, including replacement or repair, we will not be responsible for any software or data stored on the media. We make no representation that we will be able to repair or replace any product without risk to or loss of the software or data.
  13. Change of Mind Returns
    1. HiToo will allow return for a refund, store credit or exchange product where you have changed your mind, provided that the item in question is:
      1. returned within 14 days of receiving order.
      2. as new and is not used, worn, or opened and has all original packaging and tags in-tact (including any package seals (if any) being unbroken).
      3. in a resalable condition; and
      4. not damaged in any way.
    2. We cannot accept change of mind returns on items that come in sealed packages or boxes where seals are damaged or broken.
    3. To return your item for a change or mind, you must follow our returns process, or the returns process.
    4. You will be responsible for the cost and risk of returning goods, including the cost of return shipping. If the item is not received by us, you will not be eligible for credit or exchange. We recommend you ensure high value items that you return for change of mind.
    5. You may be provided with a product exchange, refund, or store credit (at our discretion) only when the returned product is received, and it complies with the requirements of clause 17.1.
    6. If the returned item does not meet the conditions of this policy, you will be responsible for the cost of receiving your returned goods back to your nominated address.
    7. The following goods are excluded under this policy:
  • Cosmetics & Beauty products (If hygiene seal is broken)
    • Pharmaceutical/Health products
    • Personal Care Items
    • Mattresses, pillows, mattress and pillow protectors
    • Media - Books and unsealed CDs, DVDs & Video Games
    • Assembled furniture
    • Personalized/Made to order Goods
    • Earphones/Headphones (if package has been opened)
    • Large/Bulky Appliances
    • Any merchandise where the GST has been claimed under the Tourist Refund Scheme, unless proof of repayment of the GST upon return to Australia is provided
  1. Problems with your goods
    1. If you have a problem with your goods, please contact us via the Help Centre. We will investigate your issues and advise you whether your product may be returned and, where required, provide you with instructions on how to return your goods.
    2. If your goods still have a valid manufacturer warranty, we recommend you first contact the manufacturer in relation to any fault or defect, however, you may still contact us.
    3. You are responsible for the return of your goods unless it is unreasonable for you to do so (such as large or bulky items) and in such circumstances we will arrange for them to be collected from you. Where we collect goods, you may still be required to assist us with the returns process (such as disassembling assembled items), and we will work with you to ensure this is as smooth and efficient as possible.
    4. Once an item is returned, we will either inspect your goods and investigate any claimed defect or in some cases, send the goods to third parties for assessment and/or repair. Where applicable we provide a remedy in relation to your goods.
    5. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer's instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
    6. Refunds will be issued using the payment method used for purchase. If you have an account with us, store credits will be issued to the account used to purchase the goods.
    7. We aim to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
  2. Defective Goods
    1. All goods sold on HiToo.com.au come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
    2. Any product warranty given by HiToo.com.au will apply in addition to other rights and remedies you may have under the Australian Consumer Law. Where applicable, you may make a claim in relation to goods that are faulty in accordance with our 12 Month Warranty Terms & Conditions. This warranty only applies where specifically advertised in the product's listing.
    3. Goods that you purchase from our site (may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by HiToo.com.au, and the rights you may have in relation to those warranties are separate from any warranty rights given to you by HiToo.com.au. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.
  3. Intellectual Property
    1. All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to HiToo.com.au, or is otherwise subject to the intellectual property rights is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
    2. You may not:
      1. modify or copy the layout or appearance of the Website nor any computer software or code contained on the Website; or
      2. decompile or disassemble, reverse engineer, or otherwise attempt to discover or access any source code related to the Website.
    3. IF you correspond OR otherwise communicate WITH us, you automatically GRANT TO us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license TO USE, copy, display AND distribute the content of your correspondence OR communication AND TO PREPARE derivative works of the content OR incorporate the content INTO other works IN order TO publish AND promote such content. This may include, but IS NOT limited TO, publishing testimonials ON our Website AND developing your ideas AND suggestions FOR improved goods OR services we provide. 
  4. General
    1. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
    2. This Agreement will be governed by and interpreted in accordance with the laws of New South Wales Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales Australia.
    3. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
    4. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
    5. In the event a customer is abusive or aggressive in its communications with us, we reserve the right to delete a customer account.