Terms of service

Overview

This website is operated by Next Gen Automobiles Pty Ltd trading as The Joy Box (ABN 84 609 703 791, ACN 609 703 791).

Throughout this website, the terms “we”, “us” and “our” refer to The Joy Box.

We provide this website, including its information, features, products and services, subject to these Terms of Service and the policies referenced within them.

By accessing our website, creating an account or purchasing from us, you agree to these Terms of Service. These Terms apply to all website users, including visitors and customers.

Please read these Terms carefully. If you do not agree with them, you should not use our website or services.

Our online store is hosted by Shopify Inc., which provides the ecommerce platform through which we offer our products and services.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, including rights under the Australian Consumer Law.

Section 1 – Online Store Terms

You must be legally capable of entering into a contract or use this website with the involvement and consent of a parent or legal guardian.

You must not use our website, products or services:

For any unlawful or fraudulent purpose.
In a way that infringes another person’s rights.
In violation of any applicable law or regulation.
To introduce malicious software or interfere with the website’s security or operation.

Section 2 – General Conditions

We may refuse, restrict or cancel access to our services where reasonably necessary, including in cases involving suspected fraud, unlawful activity, misuse of the website, threats to security or a material breach of these Terms.

Any action taken under this section will not affect rights relating to orders already accepted or rights available under the Australian Consumer Law.

Information transmitted through the internet may pass through different networks and systems. Payment information is encrypted during transmission using the security provided by our payment processors and ecommerce platform.

You must not reproduce, resell, exploit or commercially use any part of our website or services without our written permission, except where permitted by law.

Section 3 – Website and Product Information

We aim to ensure that product descriptions, specifications, prices, availability and other website information are accurate and current.

Occasional errors may occur. If we identify a material error affecting an order, we will contact you and provide an appropriate solution, which may include correcting the order, offering an alternative or issuing a refund.

General articles, guides and other informational content are provided for general guidance and should not replace professional advice where professional advice is reasonably required.

Nothing in this section limits your rights where a product does not match its description or fails to satisfy a consumer guarantee.

Section 4 – Prices and Changes to the Service

Prices displayed for the Australian market are in Australian dollars and include GST where applicable, unless stated otherwise.

Shipping charges and any other applicable amounts will be displayed before payment.

Product prices may change without notice. Price changes will not retrospectively alter an order already accepted, except where you agree to a change or where an obvious pricing error has occurred and we contact you before fulfilling the order.

We may modify, suspend or discontinue website features or products. This will not affect rights relating to orders already accepted.

Section 5 – Products and Availability

Products may be available exclusively online and quantities may be limited.

We make reasonable efforts to display product colours, images, dimensions and specifications accurately. Colours and appearance may vary slightly depending on lighting, screen settings, manufacturing variations and other reasonable factors.

Product availability is subject to stock and supplier availability. If an ordered product becomes unavailable, we will contact you and provide an appropriate option, such as an alternative product or refund.

Returns, refunds and faulty-product claims are handled in accordance with our Refund Policy and the Australian Consumer Law.

Section 6 – Orders, Billing and Account Information

You agree to provide current, complete and accurate contact, billing, delivery and account information.

We may refuse or cancel an order where reasonably necessary, including where:

A product is unavailable.
There is an obvious pricing or listing error.
Payment cannot be authorised.
Fraud or unauthorised activity is reasonably suspected.
The delivery address cannot be serviced.
The order breaches an applicable law or these Terms.

If we cancel an order after receiving payment, we will refund the affected amount to the original payment method unless another lawful arrangement is agreed with you.

We may limit quantities where reasonably necessary to prevent fraud, unauthorised resale or stock manipulation.

Section 7 – Optional and Third-Party Tools

We may provide access to tools, applications or services operated by third parties.

Third-party services may be governed by their own terms and privacy policies. You should review those terms before using them.

We are not responsible for third-party services that we do not own or control, except to the extent that responsibility cannot lawfully be excluded.

Section 8 – Third-Party Links

Our website may contain links to third-party websites for convenience or additional information.

We do not control third-party websites and are not responsible for their content, security, availability or privacy practices.

A link does not necessarily mean that we endorse the third party. You should review the third party’s terms and policies before purchasing products or providing personal information.

Section 9 – Reviews, Feedback and Submissions

If you submit a review, photograph, comment, suggestion or other content, you confirm that:

You have the right to submit it.
It is accurate and not misleading.
It does not infringe another person’s rights.
It is not unlawful, abusive, defamatory or malicious.

You grant us a non-exclusive, worldwide and royalty-free licence to use, reproduce and display content voluntarily submitted for publication or promotional use.

We may remove content that breaches these Terms or applicable law.

Our handling of personal information contained in submissions remains subject to our Privacy Policy.

Section 10 – Personal Information

Our collection, use, storage and disclosure of personal information are governed by our Privacy Policy.

Section 11 – Errors and Omissions

We may correct errors, inaccuracies or omissions on our website.

Where an error materially affects an order already placed, we will contact you before making a material change to that order. You may be offered the option to proceed with corrected information, select an alternative or receive a refund.

Nothing in this section permits us to misrepresent a product, avoid an accepted order unfairly or limit your statutory rights.

Section 12 – Prohibited Uses

You must not use the website:

For unlawful or fraudulent purposes.
To infringe intellectual property or privacy rights.
To submit false or misleading information.
To transmit viruses, malicious code or harmful material.
To collect another person’s information without lawful authority.
To interfere with website security or operation.
To engage in harassment, abuse, discrimination or unlawful conduct.
To circumvent security or access restrictions.

We may suspend access where we reasonably believe this section has been breached.

Section 13 – Consumer Guarantees and Liability

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.

Subject to those mandatory rights, we are not responsible for loss or damage that:

Was not reasonably foreseeable.
Was caused by incorrect, unlawful or unauthorised use of a product.
Was caused by failure to follow supplied instructions or warnings.
Was caused by events outside our reasonable control.
Results from a third-party service that we do not control.

This section does not exclude liability for our negligence, fraud, wilful misconduct or breach of an applicable consumer guarantee.

Further information about returns and faulty-product remedies is available in our Refund Policy.

Section 14 – Customer Responsibility

You are responsible for loss reasonably arising from your unlawful use of the website, deliberate misuse of our services or material breach of these Terms.

You will not be responsible to the extent that the loss was caused or contributed to by us, and nothing in this section imposes liability beyond what is fair and permitted by law.

Section 15 – Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or removed only to the extent necessary.

The remaining provisions will continue to operate where legally possible.

Section 16 – Suspension and Termination

You may stop using our website at any time.

We may suspend or terminate access where you materially breach these Terms, use the website unlawfully or create a genuine security or fraud risk.

Termination will not affect:

Rights or obligations that arose before termination.
Orders already accepted, unless lawfully cancelled.
Refunds, warranties or consumer guarantee rights.
Provisions intended to continue after termination.

Section 17 – Entire Agreement

These Terms and the policies referenced on our website form the agreement governing your use of our website and purchases from us.

Nothing in this section excludes representations, guarantees or rights that cannot legally be excluded.

If these Terms conflict with a mandatory provision of the Australian Consumer Law, the mandatory provision will prevail.

Section 18 – Governing Law

These Terms are governed by the laws of Victoria and the applicable laws of the Commonwealth of Australia.

Nothing in this section prevents a customer from exercising rights or using a court, tribunal or dispute-resolution process available under applicable Australian law.

Section 19 – Changes to These Terms

We may update these Terms by publishing an updated version on our website.

Changes will apply from the date they are published and will not retrospectively reduce rights relating to orders placed before that date.

Your continued use of the website after an update constitutes acceptance of the updated Terms for future use and transactions.

Section 20 – Contact Information

Questions regarding these Terms should be sent to:

The Joy Box
Operated by Next Gen Automobiles Pty Ltd trading as The Joy Box
ABN: 84 609 703 791
ACN: 609 703 791
Email: support@thejoybox.com.au

Additional contact information is available through our Contact Us page.