Terms and Conditions

Terms & Conditions

As you access, browse and use our network you agree to all the Terms and Conditions contained herein, and agree that you acknowledge and understand them.

As a valued customer of our web site do please ensure that you read these Terms and Conditions prior to ordering any of the goods both the use of this site and the purchase of products from the site. If you require clarification of the meaning of any of these Terms and Conditions, contact Build and Play on 1300 30 80 15 prior to ordering any goods or products.

Acceptance of the Terms and Conditions

To use or access, use or browse this site you must be over eighteen (18) years of age. As such, by accessing, using or browsing this site, you acknowledge and agree to the terms and conditions, as well as any relevant disclaimers contained herein. Further, by continuing you acknowledge that you have read and understood these Terms and Conditions. By purchasing an item from this web site you agree to be bound by these Terms and Conditions.

Build and Play reserves the right to change any or all of the information contained herein at any time and you should constantly check current terms and conditions.

Pricing

The prices that appear on this web site are quoted in Australian dollars and are valid and effective only in Australia. The price, if affected, will include the GST, Build and Play takes no responsibility or liability for the accuracy of any such price as it applies to any particular purchase.

Prohibitions

Please ensure you do not knowingly transmit any material that may contain a virus or other harmful component. Only individuals who can make legally binding contracts may purchase goods and services from this site. These products and services are not available to anyone under the age of 18 years old. Build and Play cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of this web site, nor can Build and Play guarantee that it will give notice of any illegal or inappropriate use of this web site.

Orders

Any order placed by you is in effect an offer by you to purchase a product for the price (including the delivery and other charges) specified in this web site. Build and Play may accept or reject your offer for any reason, including, the unavailability of any product, an error in the price or the product description posted on this web site, or an error in your order. Your contract with Build and Play will only come into existence when Build and Play advises you that it has accepted your order and your receipt has been confirmed.

Prices of products and services and delivery and other related charges as displayed are current at the time of issue, but may change at any time and are subject to availability. Similarly the availability of products and services may change from time to time. Please ensure that you supply the correct name, e-mail address, credit card, information and expiry date.

Risk

Build and Play will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you on dispatch from the distribution centre. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency.

Loss or Damage in Transit

Build and Play is not responsible to the buyer or any person claiming through the buyer for any loss or damage to goods or products caused by any event of any kind by any person, whether or not Build and Play is legally responsible for the person who caused or contributed to that loss.

Exclusion of Negligence

Build and Play is not liable to the buyer in contract or in tort arising out of, or in connection with, or relating to:

1. the performance of the product;
2. any fact, matter or thing relating to the products; or
3. any error in information supplied to the buyer or a user at or after the date of the purchaser’s or user’s use of the product.

Delivery

Delivery times given on this web site are indicative only. Build and Play will not be liable for any failure to observe these delivery times. You understand and agree that you shall not be entitled to withdraw or modify any commitment made for the purchase of products from this web site once that commitment has been made for any reason, including without limitation, due to any delay in delivery.

If however, delivery has not been affected after 30 days from the indicative delivery date the customer may treat the failure to deliver as a terminating contractual event.

Build and Play is not liable for the non-delivery of parcels due to the incorrect address provided to Build and Play by the customer.

If Build and Play does not have the particular products in stock, Build and Play will contact you, the buyer, and informing of the general date of availability. If you, the buyer, are unhappy with that Build and Play undertakes to refund the money.

The Build and Play returns policy allows a customer to return the goods within 14 days if they are not completely satisfied.

Returns

At Build and Play we want you to enjoy your shopping experience so if you have any questions about Refunds or Returns that are not answered below, please don't hesitate to email us or call us and we'll be more than happy to answer your queries.

Unwanted goods may be returned for a refund or exchange if returned in their original condition (unopened and in the original packaging) within 14 days. Refunds will be made against the original form of tender. Please note that the return costs for unwanted goods are not pre-paid and the postage or other return costs will be the customer's responsibility.

Incorrect, Damaged or Defective goods may be returned and will be replaced or refunded at no charge if returned in their original condition (unopened and in the original packaging). Refunds will be made against the original form of tender. Please note that the return costs for incorrect, damaged or defective goods are pre-paid.

Build and Play only supply 100% authentic products. As a demonstration of our confidence in this matter we offer a 100% money back guarantee on any product purchased that is found not to be completely authentic. For example, if a product for which you paid $50 is found not to be authentic we will refund to you $50 plus all shipping costs.

Returns Instructions

First please email us to let us know that we may expect a returned parcel from you and your reasons for returning the goods. When returning the product the goods must be packaged to prevent (additional) damage and sent via registered post (or other secure method of delivery) to the following address:

BuildAndPlay.com.au
PO Box 539
BURWOOD VIC 3125

The buyer must not return the goods to Build and Play unless permitted to do so by Build and Play.

Termination

Your ability to purchase products and services from this web site may be terminated at any time by Build and Play without notice. All restrictions, licenses granted by you and all disclaimers and limitations of liability by Build and Play will survive termination.

Should you object to any of these Terms and Conditions including any subsequent amendments you must immediately discontinue use of this site.

Advertising, Hyperlinks and Offers

The site may have third party advertisements, referral buttons and other pointers to websites operated by third parties. Build and Play has no control over these sites and is therefore not responsible for any materials and contents linked to our website. Build and Play does not endorse any of these sites or their advertising and is not responsible for any goods you purchase from them.

Comments, Feedback and Submissions

Build and Play welcomes your feedback regarding this web site as well as its products and services. Any information, concepts, ideas, comments, materials or suggestions sent to Build and Play will not be treated as confidential information and by submitting such information you are granting Build and Play an unrestricted license to use, display, modify, reproduce, transmit and distribute such information for any purpose whatsoever. Unless required by law, Build and Play will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.

Colour Information

While Build and Play has endeavoured to display accurately the colours of products, the actual colours you see will depend on your monitor and may not be accurate.

Copyright

The Build and Play web site design, text, images, graphics, logos, buttons and arrangements are copyright by Build and Play. We reserve all such rights. The content on this web site is the property of Build and Play and protected by copyright law. At the discretion of the owners, and only upon written permission, will permission be granted to any other party to electronically copy and print portions of the Build and Play web site for the sole purposes of placing an order with Build and Play or using the same as a shopping resource. Any other use of materials on this web site without expressed permission by Build and Play is prohibited.

The owners of this web site warrant they are the owners of the copyright as contained in this Site.

Warranty

The owners of this web site warrant to any purchaser that they are the owners of the copyright as contained on this site, and that no interest has been granted to any other party for the reproduction of material as contained on this site.

Indemnity

The user of this web site shall at all times keep the owners and proprietors, employees and subcontractors, of this web site indemnified from and against all claims, demands, actions, proceedings or prosecutions which may be brought, commenced or prosecuted against the owners and proprietors, employees and subcontractors, or in which the owners and proprietors, employees and subcontractors, may be involved in consequence of or relating to the manufacture, production, provision or supply of the goods by the user. This indemnity will extend to all costs, damages and expenses incurred by the owners and proprietors, employees and subcontractors in connection herewith.

Infringement

In the event the owners and proprietors of this web site learn of any infringement or threatened of any of the intellectual property rights under this agreement or any common law passing-off by reason of imitation of get-up or otherwise, the owners and proprietors of this site shall have the right, at the licensee’s expense to institute and prosecute such an action in the company’s name.

Governing Law

The governing law shall be the law of the State of Victoria and the parties submit to the jurisdiction of that State.

Disclaimer

Build and Play provides this site on an as-is basis and makes no representations of any kind for the operation of the web site, as well as for all information, products, materials and services as associated. To the extent of permissible law, we disclaim all warranties and representations. Build and Play does not warrant that any information available on the Build and Play web site is accurate, current or complete.

Build and Play is not liable in any way for any damages arising from the use of this site. This limitation of liability applies to damages of any kind, including direct, indirect and incidental, loss of income, profit, data, property and claims by third parties.

Security Policy

The Internet is a hostile environment with global resources. As such, Build and Play maintains highly regulated security policies and procedures to all external and internal communications of Build and Play. All protocols use communication techniques that employ widely accepted error detection and/or recovery mechanisms. We have a secure connection that ensures that the information transmitted is safeguarded. We use Secure Socket Layer (SSL) encryption technology to encrypt the information sent from your computer to our computer so that nobody can decode it, intercept it or read it. This way we ensure your privacy is kept.