Terms and Conditions
About the Website
This website www.tokyn.com.au is operated by Tokyn (ABN 54480109283). Access to and use of the Website, or any of its associated Products or Services, is provided by Tokyn. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
Tokyn reserves the right to review and change any of the Terms by updating this page at its sole discretion without any notice. Any changes to the Terms take immediate effect from the date of their publication.
Copyright and Intellectual Property
The content of this website, including all information, data, graphics, images, videos, sound files, software, advertisements and other material are property of Tokyn and are protected by copyright under the laws of Australia and international copyright law.
The Content must only be used in accordance with the Terms and any additional terms and conditions specified by Tokyn. You must not:
(i) download, republish, retransmit, reproduce or otherwise use any item of the Content as a stand-alone file;
(ii) modify or otherwise make derivative works of the Website or the Content;
(iii) remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
(iv) use any data mining, robots or similar data gathering or extraction methods; nor use the Site or the Content other than for its intended purpose.
Tokyn retains all rights, title and interest in and to the Website and all related content. You may not use the business name, trading name, domain name, trade mark, logo, industrial design, patent, registered design or copyright of Tokyn without written prior consent by Tokyn.
You may not, without the prior written permission of Tokyn and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose.
Prices
All prices shown on this website are in Australia dollars which includes GST.
Shipping
Shipping/delivery prices are subject to change without notice. All delivery times provided in this website are estimates only provided by Delivery Agents. Tokyn will not be held responsible for deliveries that are late, lost or damaged. Customers bear all the risk of loss and damage associated with the order as of the time it has been cleared from our premises.
Subscriber Offer
The 15% off your first full price order is available when you register to our email database. Offer applies to full priced items and on your first purchase only. Offer excludes gift cards, sale styles and is not valid with any other promotion or offer. Offer cannot be applied to previous orders.
Gift Cards
Gift Cards are valid for 1 year from the date of purchase. Gift Cards can be redeemed for all our products at tokyn.com.au or any of our pop-up boutiques.
Promotional codes cannot be applied to the purchase of a gift card.
Gift Cards are non-transferable and may not be returned or redeemed for cash.
If your order is less than the value of the Gift Card, the remaining balance will be available and can be redeemed against future purchases.
If you have made a purchase with a Gift Card and would like to make a return, a replacement Gift Card will be emailed to the customer with the Gift Card return amount.
Gift Cards will be emailed to the purchaser once the order and payment has been processed.
Tokyn is not responsible for any lost, stolen or destroyed Gift Cards or used without permission. Tokyn will not be liable for any misdelivery of a Gift Card to an incorrect or non-existent email address and is the sole responsibility of the purchaser of the Gift Card. Tokyn has the right to cancel a Gift Card if deemed necessary.
Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).
(b) Payment of the Purchase Price may be made through Stripe (Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarized yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by Tokyn, you will be issued with a receipt to confirm that the payment has been received and Tokyn may record your purchase details for future use.
(d) Tokyn may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.General Disclaimer
(a) You acknowledge that Tokyn does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
(b) Tokyn makes every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes may differ due to the varying nature of body shapes. Tokyn cannot guarantee our products will fit you exactly the same as our model. You acknowledge that colours and packaging may differ from what is displayed on the Website depending on your website, tablet or mobile device’s resolution and screen calibration.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) Tokyn will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of Tokyn (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Tokyn, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Tokyn including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Tokyn) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User's convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.Limitation of Liability
(a) Tokyn's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Tokyn is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that Tokyn, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) Tokyn is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Tokyn, by third parties or by any of the Purchase Services offered by Tokyn.
(d) You acknowledge that Tokyn does not provide the Delivery Services to you and you agree that Tokyn will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(iii) You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Tokyn of any unauthorized use of your password or email address or any breach of security of which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Tokyn providing the Purchase Services;
(vi) you will not use the Purchase Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Tokyn for any illegal or unauthorized use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.Registration to use the Purchase Services
(a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Mailing address
(iii) Telephone number
(iv) Password
(v) Date of birth
(b) You warrant that any information you give to Tokyn in the course of completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Tokyn; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Tokyn as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying Tokyn at any time; and
(ii) closing your accounts for all of the Purchase Services which you use, where Tokyn has made this option available to you.
(c) Your notice should be sent, in writing, to Tokyn via the 'Contact Us' link on our homepage.
(d) Tokyn may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Tokyn is required to do so by law;
(iii) the partner with whom Tokyn offered the Purchase Services to you has terminated its relationship with Tokyn or ceased to offer the Purchase Services to you;
(iv) Tokyn is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(v) the provision of the Purchase Services to you by Tokyn is, in the opinion of Tokyn, no longer commercially viable.
(e) Subject to local applicable laws, Tokyn reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Tokyn's name or reputation or violates the rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Tokyn have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.Indemnity
(a) You agree to indemnify Tokyn, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(iii) any breach of the Terms.Privacy
Tokyn takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Tokyn's Privacy Policy, which is available on the Website.Contact Information
Questions about the Terms and Conditions should be sent to us at hello@tokyn.com.au