Last updated on 17 March 2023
Makedo Pty Ltd
ABN 97 138 360 335
TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING
Welcome to Makedo.
In these terms, we also refer to Makedo as “ our ”, “ we ”, or “ us ”.
And you are you!
What are these terms about?
These terms apply when you use this website, being https://www.make.do and any other websites we operate with different subdomain names and/or websites with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
Part A: Terms for when you buy Products (applies when you buy)
Part B: Terms for when you browse and interact with this Website (applies when you browse)
Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
- ( Parental Supervision ) Strict parental supervision is advised when using our Products. While our Products are designed and manufactured to comply with international toy safety standards, the Products may contain parts which could be considered to be choking hazards or dangerous for children.
- ( Use ) You must only use the Products as directed or as otherwise provided in any instructions or manuals. You must follow any care instructions or information sheets provided with any Products you purchase. You are responsible for ensuring that the Products are used safely, responsibly and in accordance with your requirements.
- ( Suitability ) You acknowledge and agree that it is wholly your responsibility, as the parent or legal guardian of the child, to determine the appropriate and suitable products for your own child and to ensure that if you do not feel that the Products are safe, that you do not allow your child to interact with it and notify us of this. By purchasing and using Products, you acknowledge and agree that you have satisfied yourself completely on the suitability of the Products.
- ( Use At Own Risk ) While Makedo is committed to providing safe toys, you agree to use the Products at your own risk and that we will not be liable for any damage or loss you or your child might suffer in connection with using the Products other than liability for negligence. By ordering and purchasing the Products from us, you acknowledge and agree that you have accepted this agreement.
Part A - For When You Buy Products…
1. SUBMITTING AN ORDER
(a) By submitting an order for purchase of a Product using the Website’s functionality ( Order ) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
2. ACCOUNTS AND GUEST CHECKOUT
(a) You may submit an Order as a guest, or you may submit an Order with an account. You can sign-up, register and receive an account through the Website (an Account).
(b) As part of the Account registration process and during the checkout process (whether your Order is submitted with an Account or as a guest), and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(e) You agree that you are solely responsible for:
(i) maintaining the confidentiality and security of your Account information and your password; and
(ii) any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.
(f) You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
(g) We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
(h) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. However due to screen display, colour and brightness, and image quality and natural variation in the materials used to produce the Products, Products may not exactly match the image on our Website. We ask that you check the quality and quantity of your Products once they are received to ensure that you are satisfied.
(b) Until the price of your Products is paid in full, title in those Products is retained by Makedo. Risk in the Products will pass to you on delivery in accordance with clause 6. Delivery must not be refused by you.
(a) All prices are:
(i) per unit (except where indicated);
(ii) in the applicable currency set out on the website;
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(c) (Tax) Unless otherwise indicated, amounts stated on the Website do not include sales tax. In relation to any sales tax payable for a taxable supply by Makedo, you must pay any and all tax that would apply to the purchase of the Products subject to Makedo providing a tax invoice.
(d) (Card surcharges) Makedo reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We may use third-party payment providers (Payment Providers), to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
5. GIFT CARDS, VOUCHERS AND DISCOUNT CODES
5.1 GIFT CARDS
(a) We may issue gift cards for use on our Website (Gift Cards).
(b) Gift Cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the Gift Card or otherwise communicated to you.
(c) Gift Cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged for cash, a discount, or anything else other than our Products.
5.2 VOUCHERS AND DISCOUNT CODES
(a) We may provide promotional materials and discount codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout.
(b) A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.
(c) If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.
6. DELIVERY AND SHIPPING
(a) (Free Delivery) Makedo may offer free delivery on Orders above a certain amount. Please refer to our website for further details.
(b) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of and dependent on the total costs calculated for:
(i) delivery to the address chosen by you;
(ii) where applicable, the type of delivery option selected by you; and
(iii) whether delivery insurance coverage is included.
(c) (Delivery Details) Where applicable, Makedo may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i) delivery is to the delivery point specifically accepted by Makedo; and
(ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.
(d) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(e) (International Orders) We accept international orders, however, Makedo reserves the right to refuse international orders to areas that we are unable to service for any reason. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
7. CHANGES TO YOUR ORDER
7.1 CANCELLATION BY US
We reserve the right to cancel your order for any reason (for example, due to insufficient stock levels), and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
7.2 CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 8 may apply.
8.1 CHANGE OF MIND RETURNS
We aim to ensure that you are completely satisfied with your Products. If you are not satisfied with your Product for any reason, you may be entitled to a change of mind return. The following process applies to change of mind returns:
(a) You must submit a returns request via the contact details accessible provided on the Website, or by following the onsite instructions and inputting the relevant Order details. After you submit a returns request, we will review it to determine whether your Order qualifies for a return. If it does, you must ship the Product being returned ( Return Product ) at your cost, to the return address notified to you ( Return Address ) within 30 days of the date that the Product was delivered to you ( Delivery Date ). In some cases, we may provide a pre-paid return shipping label for your Return Product. The cost of the pre-paid return label will be deducted from any refund issued to you.
(b) All Return Products must be returned:
(i) in original, unopened and undamaged condition, with all tags still attached and no stains, marks, breakages, blemishes or any other imperfections on the Products, as determined in our sole discretion; and
(ii) together with any proof of purchase, the original packaging for the Product and any other information reasonably required by us.
(c) We are not responsible for Return Products that are lost in transit or not received. We recommend you return any Return Products with tracking.
(d) If we determine, in our discretion, that you have met the requirements under this clause 8.1, we will issue you a full refund credited to the original method of payment or store credit equal to the purchase price of the Product (excluding shipping costs).
(e) If we determine that you have not met the requirements under this clause 8.1, we will not offer a return, and we may either keep the Product or deliver it back to your nominated address (at your cost).
(f) Please allow up to 15 business days from when we receive the Return Product for us to process the refund. Once we process the refund, we will send you a confirmation email.
(g) We do not offer refunds or exchanges for any sale items unless the Product is faulty.
8.1 FAULTY PRODUCTS
(a) The following process applies to any Product you believe to be defective.
(i) If you believe your Product is defective, please contact us using the details provided on our Website with a full description of the fault (including images).
(ii) If we determine that your Product may be faulty, we may request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
(iii) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
(iv) If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(v) If you fail to comply with the provisions of this clause 8 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
(vi) Nothing in this clause 8 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
8.3 OTHER RETURNS
(a) We will provide a full refund of the price paid for a Product if we determine that:
(i) a Product you have ordered was not received by you solely due to failure by us;
(ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
(iii) a Product is faulty, in accordance with clause 8.2.
9. PUBLISHING MEDIA ONLINE AND USER-GENERATED CONTENT
(a) You may take images or videos of the Products and publish those images or videos online or on social media (or both). If you publish such images or videos, we ask that you provide accreditation to “Makedo” by watermark, reference, tagging or hashtag.
(b) Despite this clause 9, we reserve the right to require you to remove any images or videos that include the Products or remove any accreditation to us.
(c) For the avoidance of doubt, aside from User-Generated Content made available on or in our Website, social media platforms, podcasts or any other applicable medium (Content Platforms), we retain ownership of all materials (including images or videos) on or in the aforementioned Content Platforms, and you are not permitted to reproduce or publish that material without our express written consent.
(d) While we will endeavour to seek the express consent of the owners of any relevant User-Generated Content before publishing or utilising such content for our own business purposes, you acknowledge and agree that:
(i) submission of User-Generated Content on our Content Platforms; or
(ii) the publication of User-Generated Content that is made publicly available
shall be considered non-confidential and non-proprietary.
(e) Subject to clause 9(d), you agree to grant us a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including any full rights to sub-license) to use, reproduce and publish your User-Generated Content. This includes but is not limited to the right to adapt, alter, amend or change your User-Generated Content in any media or format throughout the world without restriction.
(f) Notwithstanding any terms to the contrary, if you would like to request that we take down or remove any User-Generated Content, please contact us by sending an email to firstname.lastname@example.org
(g) For the purposes of this clause 9, “User-Generated Content” means all content, whether in the form of text, images, videos, audio or otherwise which relates to our Products or brand image that have been developed or published by you.
10. RATINGS AND REVIEWS
(a) We may allow you to rate a Product (Rating) and/or provide feedback to us regarding our Products and our service (Review), including by submitting a photo with the Review (Photo), on the Website or our social media platforms.
(b) You agree:
(i) to ensure that any Rating is a true and fair reflection of your opinion regarding a Product;
(ii) to provide true, fair and accurate information in your Review; and
(iii) that you will not submit a Photo that may be deemed rude, offensive, unlawful and otherwise inappropriate, and you acknowledge that you have obtained the consent of any party in a Photo to submit the Photo to us.
(c) You acknowledge that we may copy, publish, distribute, translate and otherwise use any Rating and Review (including any Photo) on the Website and any of our social media platforms.
(d) We reserve the right to remove or delete any Rating or Review (including any Photo), in our sole discretion, that such Review is inappropriate.
11. INTELLECTUAL PROPERTY
(a) Makedo retains all intellectual property rights in the design and manufacture of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
12. THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third party suppliers,
without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
Part B - For When You Browse This Website…
13. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
14. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Makedo;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Makedo, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
15. INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
16. INTELLECTUAL PROPERTY
(a) Makedo retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Makedo or as permitted by law.
(c) In this clause 16, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
17. THIRD PARTY TERMS AND CONDITIONS
(a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
(b) You agree to any Third Party Terms applicable to any third party goods and services, and Makedo will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
18. LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
19. THIRD PARTY PLATFORM
(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
Makedo does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
21. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
Part C - Liability And Other Legal Terms
(a) (Liability) To the maximum extent permitted by applicable law, Makedo limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by Makedo to the total Fees paid by you to Makedo under the most recent Order.
(b) Claims for loss of or damage to Products in transit must be made against the carrier.
(c) Products sold by Makedo, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(d) All other express or implied representations and warranties in relation to Products and the associated services performed by Makedo are, to the maximum extent permitted by applicable law, excluded.
(e) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) ( ACL ). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(f) (Indemnity) You indemnify Makedo and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives’:
(i) breach of any third party intellectual property rights;
(ii) breach of any of these terms;
(iii) use of the Website;
(iv) negligent, wilful, fraudulent or criminal act or omission; or
(v) use of any goods or services provided by Makedo.
(g) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Makedo be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Makedo (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
23.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
23.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
23.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.