Terms & conditions

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Where we are permitted to limit our liability under a consumer guarantee, our liability is limited, at our option, to replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of any of these.

To the extent of any inconsistency between these Terms and the Australian Consumer Law, the Australian Consumer Law prevails. See our return policy for how this works in practice.

These Terms govern your use of sensorytent.com.au and any related services (the Services), operated by Toasty Toh Pty Ltd (ABN 73 678 350 448) of Unit 3, 1A Goulburn Street, Cheltenham, Victoria 3192, Australia. By using the Services or placing an order you agree to these Terms.

You must be at least 18 years old to buy from us. If you are under 18 you may browse the site only with the involvement of a parent or guardian, and any order must be placed by them.

The Services are intended for use in Australia and New Zealand. If you access them from elsewhere, you do so on your own initiative and are responsible for complying with the law where you are.

We may update these Terms from time to time. When we do, we will post the updated version on this page with a new last-updated date. Changes take effect from the date they are posted and do not apply retrospectively to orders already placed. Please check this page before you order.

We take care to describe and photograph our products accurately. Screens vary, so colours may look slightly different on your device from the product in the room. If a product is materially different from its description, the Australian Consumer Law section above applies and you should contact us.

Product availability changes. We may limit quantities, and we may discontinue a product at any time. If an item you have ordered turns out to be unavailable, we will contact you and offer a substitute, a wait, or a full refund. The choice is yours.

Prices may change at any time before you place an order. The price that applies to your order is the price shown at the moment you complete checkout.

We accept Visa, Mastercard, American Express, PayPal, Afterpay, and Pay by Invoice for NDIS self-managed and plan-managed orders.

All prices are in Australian dollars and include GST. Shipping is calculated at checkout and shown before you pay. You agree to provide current, complete and accurate purchase and account information, and to keep it up to date so we can complete your order and contact you if we need to.

Pay by Invoice. Where you choose Pay by Invoice, we dispatch your order and issue a tax invoice to you or to your plan manager. Payment is due on the terms shown on that invoice. If an invoice remains unpaid we may decline further Pay by Invoice orders until it is settled. We do not charge interest on overdue invoices.

Pricing errors. Prices and product information are occasionally published in error. We reserve the right to correct an error and to cancel an affected order even after payment has been taken. If we do, we will tell you promptly and refund you in full. We will never require you to pay more than the price you were shown.

Refusing an order. We may refuse or cancel an order where we reasonably suspect fraud, where an order appears to be placed by a reseller, where a product is unavailable, or where a pricing error has occurred.

Our return policy forms part of these Terms. In summary: you have 30 days from delivery to return a product because you have changed your mind, provided it is unused and in resaleable condition with tags attached, and you pay the return postage.

If a product is faulty, damaged or not as described, we pay the return postage, you do not need the original packaging, and your rights are not limited to 30 days. That is a matter of law, not of our policy.

By using the Services you confirm that you have the legal capacity to agree to these Terms, that you are at least 18 years old, that the information you give us is accurate and current, and that you will not use the Services for any unlawful purpose.

You also agree not to access the Services through automated or non-human means, whether by bot, script or otherwise, except for ordinary search engine crawling.

If any information you provide is untrue, inaccurate or incomplete, we may suspend or refuse your current and future use of the Services.

You may use the Services to browse and to buy products for yourself, your family, or your organisation. You may not:

• systematically retrieve data or content from the site to build a collection, database or directory
• circumvent, disable or interfere with security features, or anything that prevents copying of content
• upload or transmit viruses, malware, or any material designed to disrupt the Services
• impersonate another person, or use another person's account or payment details without permission
• harass, abuse or harm another person through the Services
• use the Services to send unsolicited commercial messages
• remove copyright or other proprietary notices from any content
• attempt to gain unauthorised access to our systems, or to another user's information

We may monitor the Services for breaches of these Terms and take appropriate action, including removing content, reporting unlawful activity to the authorities, and restricting access. We may also manage the Services in a way that protects our rights and property and keeps the site working properly.

We have no obligation to monitor the Services, and we are not responsible for any failure to do so.

These Terms apply for as long as you use the Services.

We may suspend or refuse your access to the Services where you have breached these Terms, where we reasonably suspect fraudulent or unlawful activity, or where we are required to by law. Where it is practical and lawful to do so, we will tell you why.

If your access is terminated, you must not create a new account under your own name, a false name, or the name of a third party.

Termination does not affect any order already placed and paid for, or any right you have under the Australian Consumer Law.

We may change, move or remove content on the Services at any time, and we may modify or discontinue all or part of the Services, with reasonable notice where practicable.

We cannot guarantee that the Services will be available at all times. Hardware faults, maintenance and other problems can cause interruptions. We are not liable for loss or inconvenience caused by downtime, provided we have acted reasonably, and nothing in this section affects your rights under the Australian Consumer Law or our obligations in respect of an order you have already placed.

The Services may contain typographical errors, inaccuracies or omissions, including in product descriptions, pricing and availability. We may correct these at any time without prior notice. Where a correction affects an order you have already placed, the Purchases and payment section above sets out what happens.

The Services allow you to submit product reviews and to send us questions and comments. Anything you submit is a Contribution.

When you make a Contribution you confirm that:

• it is your own work, or you have the right to post it
• it is accurate and not misleading
• it does not infringe anyone's copyright, trade mark or privacy
• it is not unlawful, defamatory, obscene, harassing or discriminatory
• it does not contain another person's personal information without their consent
• it is not advertising or a solicitation

You are responsible for what you submit. We may remove a Contribution that breaches these Terms.

You keep ownership of your Contributions. By posting one you grant us a non-exclusive, royalty-free, worldwide licence to store, display, reproduce and adapt it in connection with operating and promoting the Services, including in marketing material.

We will not sell your Contribution to a third party, and we will not attribute a review to you beyond the display name you provide. You can ask us to remove your Contribution at any time and we will do so within a reasonable period.

Any personal information within a Contribution is handled in accordance with our privacy policy.

Reviews help other families decide, so we want them honest. A review should:

• be based on your own firsthand experience of a product you actually bought
• be about the product, not about an individual member of our team
• avoid offensive, discriminatory or unlawful language
• not contain false or misleading statements
• not be posted in exchange for payment or an incentive from anyone, including us
• not reference a competitor's products or prices

We may decline or remove a review that breaches these guidelines. We do not edit reviews to change their meaning, and we do not remove a review simply because it is critical or gives us a low rating. We have no obligation to screen reviews before they appear.

If you send us a question, comment, suggestion or idea about the Services, you grant us a non-exclusive, royalty-free, perpetual licence to use it to improve our products and services, without any obligation to compensate you.

You keep ownership of what you send. We will not identify you as the source without your permission.

The Services, and everything on them, including text, photographs, graphics, page design, the SensoryTent name and our logo, are owned by us or licensed to us, and are protected by copyright and trade mark law.

The content is provided for your personal, non-commercial use, and for the internal use of an organisation buying from us.

We grant you a non-exclusive, non-transferable, revocable licence to access the Services and to view, download and print content for the purposes described above.

You may not reproduce, republish, sell or commercially exploit any part of the Services without our written permission. If you would like to use our photography or product descriptions, for example as a therapist, plan manager or reseller, email us. We are usually happy to say yes.

You are solely responsible for the accuracy, legality and appropriateness of anything you upload or submit to the Services, and for any consequence of posting it. Posting something does not make it ours, and it does not make us responsible for it.

We care about how your information is handled. Our privacy policy forms part of these Terms and explains what we collect, why, who we share it with, and what goes overseas.

It also explains how we handle sensitive information. Because of what we sell, some of our customers tell us about a disability, a diagnosis or an NDIS plan. We treat that as sensitive information under the Privacy Act 1988, we collect it only with your consent, and we never use it for advertising or share it with advertising platforms.

By using the Services you consent to your information being handled as that policy describes.

We keep the data you transmit to the Services so that they work properly, and we keep order records for as long as tax and consumer law require. We take reasonable steps to protect that data, but you should keep your own copies of anything important to you, such as invoices needed for an NDIS claim.

You can ask us for a copy of your order history, or an invoice reissued, at any time.

To the maximum extent permitted by law, the Services are provided on an as-is and as-available basis, and we disclaim all warranties in connection with the Services and your use of them that are not expressly set out in these Terms or required by law.

We make no warranty about the accuracy or completeness of the content on the Services, and we are not liable for errors or omissions in it, except as the Australian Consumer Law provides.

Where the Services link to a third-party website or refer to a third-party product, we do not control that third party and are not responsible for their content, products or conduct. Any dealing you have with them is between you and them.

Some laws do not allow limitations on implied warranties. Where that is the case, the limitations in this section do not apply to you.

Subject to that section, and to the maximum extent permitted by law, we are not liable to you for indirect, consequential, exemplary or punitive loss, or for loss of profit, revenue or data, arising out of your use of the Services.

Where we are permitted to limit our liability under a consumer guarantee, our liability is limited, at our option, to replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of any of these.

Nothing in this section limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited by law.

You agree to indemnify us against any loss, damage, liability, claim or demand, including reasonable legal costs, arising from your breach of these Terms, your breach of a warranty you have given in them, your Contributions, or your unlawful use of the Services.

This indemnity does not apply to the extent that the loss or claim was caused or contributed to by our own negligence, our breach of these Terms, or our breach of law.

We will notify you promptly of any claim we intend to rely on this section for, and you may participate in its defence at your own cost.

Talk to us first. If you have a problem, contact us at contact@sensorytent.com.au or on 0423 930 497. Most things are resolved in a phone call. We will respond within 5 business days.

If we cannot resolve it between us within 30 days, either of us may take the matter to a court in Victoria, Australia.

These Terms, and any dispute arising out of them or out of your use of the Services, are governed by the laws of the State of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria.

Visiting the Services, emailing us and completing an online form are all electronic communications. You consent to receiving communications from us electronically, and you agree that electronic records, contracts, notices and signatures satisfy any legal requirement that they be in writing.

This does not affect your right to ask us for a document in another form, or to receive it by post if you prefer. Just ask.

These Terms, together with the return policy, the shipping and delivery policy and the privacy policy, are the entire agreement between you and us about the Services.

If we do not enforce a provision, that is not a waiver of it. If any provision is found to be unenforceable, it is severed and the rest continues to apply. We may assign our rights and obligations under these Terms, provided doing so does not reduce your rights.

Nothing in these Terms creates a joint venture, partnership or employment relationship between us.

By using the Services or placing an order you confirm that you have read these Terms and agree to be bound by them. If you do not agree, please do not use the Services.

If anything here is unclear, email us before you order and we will explain it in plain words.

Toasty Toh Pty Ltd (ABN 73 678 350 448), trading as SensoryTent
Unit 3, 1A Goulburn Street
Cheltenham, Victoria 3192
Australia

Phone 0423 930 497
Email contact@sensorytent.com.au