- 30 Day ReturnsPeace of mind 30 days peace of mind
Return your product in an unused condition in original packaging and we will provide a refund less freight costs.
- Buy Now, Pay LaterWith afterpay & Zip Zip and afterpay available
Checkout up to $1,000
- Delivery from $9 Super fast shipping
We dispatch fast so you get your toys sooner
Emarketing Solutions Pty Ltd (ABN 99 120 014 173) (trading as "Toy Fiesta" - also called “Toy Fiesta”, “Supplier”, “we” and “us”) is a company registered in Australia.
Our registered address is: 51 Kurrawyba Ave, Terrigal NSW 2260.
We are an online retailer and we facilitate selling products through our web-site at www.toyfiesta.com.au (“our web-site”).
About these Terms and Conditions
These Terms and Conditions cannot be varied without our written consent. We may update these Terms and Conditions from time to time and the current version will always be shown on the Terms and Conditions page of our web-site. We encourage you to read these Terms and Conditions, and contact us if you have any particular questions. If you do not agree to these Terms and Conditions, you must not use our web-site in any manner.
Accessing our web-site
We will not be liable if for any reason our web-site is unavailable at any time or for any period. From time to time, we may need to restrict access to our web-site (wholly or partly).
You are responsible for making all arrangements necessary for your own access to our web-site. You are also responsible for ensuring that all persons who access our web-site through your Internet connection are aware of these Terms and Conditions, and that they comply with them.
Additional Charge means expenses incurred by the Supplier, at the Customer's request or reasonably required as a result of the Customer's conduct.
Business Day means a day that is not a Saturday, Sunday or public holiday in Sydney, NSW, Australia.
Customer means the person identified on an Order as the customer.
Goods means any goods supplied by the Supplier.
Intellectual Property Rights means intellectual property rights at any time protected by statute or common law, including copyright, trade marks, patents and registered designs.
Loss includes, but is not limited to, costs (including, but not limited to, party to party legal costs and the Supplier's legal costs), expenses, lost profits, award of damages, personal injury and property damage.
Terms and conditions may apply and can be read on the offer page in conjunction with this page.
Competitions & Promotions
Terms and conditions for all current competitions and promotions are published on this page.
All start/end times published are as at the applicable local time for Sydney, NSW, Australia.
Toy Fiesta is a shopping web-site for members and visitors. Membership is free, and you become a member by creating an account at Toy Fiesta and completing your first order. By joining or visiting Toy Fiesta via our web-site you warrant that you are at least 18 years of age, resident in Australia and that you are able to form legally binding contracts in Australia. We reserve the right to decline an application for membership or cancel a membership at our sole discretion and without giving any reasons. Members may not have more than one active account. You are responsible for all activity on your account and for maintaining the security of your password. We are not liable for any losses caused by someone else using your account. If you believe someone else has accessed your account, you must tell us immediately.
From time to time Toy Fiesta will offer discounts for members. It is your responsibility to login to your account to be able to redeem your discounts. If you have any difficulty accessing your account or redeeming your membership account, please contact us immediately to help. Toy Fiesta reserves the right to cancel, change or decline any membership discount at its sole discretion without giving any reasons.
Newsletter Subscription discounts
From time to time Toy Fiesta will offer discounts for newsletter subscribers. It is your responsibility to use your discount coupon during check-out be able to redeem your discounts. If you have any difficulty redeeming your subscription discount, please contact us immediately to help. Toy Fiesta reserves the right to cancel, change or decline any subscription discount at its sole discretion without giving any reasons.
Referrals and referral credit
We may provide you with the ability to send email invitations via our web-site or via social media web-sites to your friends and family for the purpose of inviting them to join Toy Fiesta. You agree to send invitations only to people who know you personally, and not to use this feature to send any content, which is unlawful, abusive or obscene. We may from time to time, at our sole discretion, offer to credit the account of the referring member with a fixed sum for use on our web-site after the first purchase by a person they have referred (“referral credit”). Referral credits are non-transferable and cannot be exchanged for cash. Any abuse of this email messaging feature or referral credit system, including for the purpose of manipulating the referral credit system for financial gain, may result in the cancellation of your Toy Fiesta membership and/or the forfeiture of any referral credit on your account.
The products on our web-site are intended solely for purchase by members and/or visitors for their personal use. You agree not to commercially resell any product you buy from our web-site. We may restrict orders to what we deem to be normal household quantities.
We endeavour to ensure that all the products on our web-site are accurately described, and we rely on information provided to us by our suppliers. Unfortunately, on some occasions it is possible that our web-site will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. We endeavour to ensure that all colours are displayed accurately, but you should be aware that colours may appear slightly differently on different displays and screens.
To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our web-site are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our web-site.
On rare occasions our suppliers find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our web-site at any time and/or remove or edit any materials or content on our web-site. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from our web-site, whether it has been sold or not, removing or editing any materials or contents on our web-site or for refusing to process or accept an order after we have sent you the order confirmation.
Our web-site changes regularly
We aim to update our web-site regularly, and may change content at any time. If the need arises, we may suspend access to our web-site, or close it indefinitely. We will use reasonable endeavours to ensure our web-site contains accurate information and content however, we reserve the right to update our web-site as soon as an inaccuracy or error is brought to our attention.
After you have placed your order and we have processed your payment we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order. Your order represents an offer to purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched. Once this email has been sent and the goods have been handed over to the designated carrier, the contract between you and us is completed. The sale contract is therefore concluded in Queensland, Australia.
If delivery of an order will result in unacceptably high freight charges to Toy Fiesta, we reserve the right to contact you to request further shipping fees or to cancel an order prior to dispatch. If we cancel your order in these circumstances we will issue a full refund to you.
In the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch. We will contact you by email as soon as possible to let you know. You may choose to have a credit to your account or a refund to the value of the unavailable product. We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms and Conditions or our web-site. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion.
Prices, payment and GST
All prices displayed on our web-site are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment by Visa, MasterCard and PayPal.
Prices are subject to change effective immediately upon posting to our web-site or other form of notification.
We use industry standard encryption to keep your personal information secure throughout the payment process. We do not store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member’s card is used fraudulently.
Delivery Fees: Delivery fees and times vary for different products and are calculated based on the size and weight of your order and its destination. The delivery price for each order will be displayed during the checkout process, prior to payment and order confirmation and included in the total price of your order. We may offer free shipping or shipping flat rate. Terms and conditions for these offers will be displayed on our website and/or our Terms and Conditions and may vary from time to time without prior notice.
Delivery time: Typically, delivery occurs within 2-10 working days of us receiving your payment authorisation and cleared funds. From time to time the delivery of specific items may exceed our usual 2-10 working day delivery window for reasons outside our control. We work hard to process all orders as quickly as possible and we will send you an email to let you know when your item has been dispatched by us.
Risk in the products passes to you on commencement of delivery. We do not accept liability for any loss, theft or damage to the products after delivery.
Delivery methods & locations: We work with a number of delivery partners including Australia Post and courier companies. Your order will be delivered to the delivery address provided by you. In most of the cases we are able to deliver to PO boxes and Parcel Lockers, otherwise we will advise you accordingly. Our delivery partner may leave a card at the address and you will need to pick up the delivery from your nearest Post Office or contact the courier company to arrange for re-delivery.
We are not able to accept orders for international delivery at this time.
Delivery failure: It is important that you verify your information is correct, especially your delivery address. If the address provided is incorrect and the package is returned, you may be billed for the additional shipping charges in order for your delivery to reach you. You agree to this by placing an order with us, we reserve the right to pass on applicable charges to you if you provide wrong address information. We also require a contact phone number, which may be used by the courier to arrange delivery. If we and our delivery partner have been unable to deliver your order due to your error or fault after 21 days or 3 attempts (whichever is sooner), we reserve the right to cancel your order. In these circumstances we will refund you the price of your order, less the delivery fees incurred by us.
If you change your mind or your order is not quite right, you may return it to us within 30 days of the date you received it. You must contact us with your name and order number before returning any items. The cost of returning the item to us is your responsibility.
Items returned must be in ‘as-new’ condition. This means you have not used or damaged any of the items nor the packaging. Please return items secured in their original packaging if possible.
After we have received your item and confirmed it is in ‘as-new’ condition, we will issue you with a store credit or refund of the purchase price less the initial delivery fees. If you have purchased an item using a free shipping offer and returned it because you have changed your mind, we will deduct the actual shipping cost to us from your refund. If we cannot be satisfied that you purchased the product from us, then we will not accept your product for return.
Your consumer rights: If the product you purchased is faulty, broken or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law please contact us as soon as possible with your name and order number and our customer care team will advise you on the next steps.
Damaged items: Unfortunately, and despite our best efforts, items are occasionally damaged in transit. If you notice that an item is damaged when it is delivered to you, please contact us within 2 days of delivery with clear digital photos showing the damage. Our customer care team will advise you on the next steps.
The type of remedy we offer will depend upon the circumstances. We may arrange to replace the product (subject to availability) or provide you with a partial or full refund of the purchase amount. If we require you to return the product to us, we will pay the cost of the return.
Our rights: We reserve the right to refuse a refund in cases where we deem damage to a product to be due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions or failure to take reasonable care.
Toy Fiesta members and visitors may purchase digital Gift Cards from our web-site. Gift Cards and store credits cannot be used to purchase Gift Cards. Recipients of Gift Cards must be residents of Australia in order to receive deliveries from us.
We will email the Gift Card to the recipient’s email address, as provided by the purchasing member. The email will include instructions and a link for redeeming the Gift Card. After the recipient has redeemed the Gift Card, the Gift Card amount will be applied as a store credit to the recipient’s account. If the recipient is not a Toy Fiesta member, they will need to create a Toy Fiesta account to redeem and track their store credit.
Gift Cards have an expiry date 365 days from the date of their purchase and this expiry date cannot be modified. Any balance that remains after the expiry date will not be available for use.
Gift Cards are not transferable and cannot be returned or exchanged wholly or partly for cash. Gift cards should be treated as cash. You are responsible for the use and safety of your Gift Card. Toy Fiesta is not responsible for any loss or damage resulting from lost or stolen gift cards or gift cards used without permission. Lost or stolen Gift Cards will not be replaced or refunded.
Exclusions and limitation of liability
The Customer expressly agrees that use of the Goods is at the Customer's risk. To the full extent allowed by law, the Supplier's liability for breach of any term implied into these Terms and Conditions by any law is excluded
The Supplier gives no warranty in relation to the Goods provided or supplied. Under no circumstances is the Supplier or any of its suppliers liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods including in their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:any Goods supplied to the Customer;any delay in supply of the Goods; or any failure to supply the Goods.
Any advice, recommendation, information, assistance or service given by the Supplier in relation to Goods is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty or accuracy, appropriateness or reliability. The Supplier does not accept any liability or responsibility for any Loss suffered as a result of the Customer's reliance on such advice, recommendation, information, assistance or service.
To the fullest extent permissible at law, the Supplier is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods or otherwise arising out of the provision of Goods whether based on Terms and Conditions, negligence, strict liability or otherwise, even if the Supplier has been advised of the possibility of damages.
The Australian Consumer Law may give to the Customer certain guarantees. Where liability for breach of any such guarantee can be limited, the Supplier's liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods, to the replacement or repair of the Goods or the costs of resupply or replacement of the Goods.
(a) The Supplier may provide the Customer with a Quote. Any Quote issued by the Supplier is valid for 30 days from the date of issue.
(b) Unless otherwise expressly agreed in writing, a Quote does not include delivery of the Goods.
(c) Quotes are based upon the cost of materials available at the time of preparation of the Quote and assume the timely supply by the Customer of necessary material and instructions to the Supplier.
(d) Following provision of a Quote to the Customer, the Supplier is not obliged to commence work until the Quote has been accepted by the Customer by completing an Order form and returning the form to the Supplier.
(e) The Supplier reserves the right to amend any Quote before the Order has been completed to take into account any rise or fall in the cost of completing the Order. The Supplier will notify the Customer of any amendment as soon as practicable, at which point the amended Quote will be the estimate or Quote for the purposes of these Terms and Conditions.
(f) An indication in a Quote of the time frame for the provision of the Goods or Services is an estimate only and is not a fixed time frame. Subject to any obligations in respect of consumer guarantees under the Australian Consumer Law, this estimate is not binding upon the Supplier.
(a) The Supplier may require the Customer to pay Additional Charges in respect of Costs incurred by the Supplier as a result of reliance on inadequate or incorrect information provided by the Customer or information or material supplied later than required by the Supplier in order for it to provide the Goods within the specified time frame (if any).
(b) The imposition of Additional Charges may also occur as a result of cancellation by the Customer of an Order where cancellation results in Loss of the Supplier, storage costs for goods, photocopying, communication costs, couriers, packing and handling, Government or council taxes or charges, additional work required by the Customer or any other occurrence which causes the Supplier to incur costs in respect of the Customer's Order additional to the quoted cost.
We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our web-site, and in the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved.
You must not scrape or modify the paper or digital copies of any materials you have printed off, downloaded or extracted in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our web-site must always be acknowledged.
You must not use any part of the materials on our web-site, services or e-commerce facilities for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our web-site in breach of these Terms and Conditions, your right to use our web-site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You are not permitted to copy, publish or use any of the content in any way, whether personal or commercial, without our prior written permission.
Title and risk
(a) Risk in Goods passes to the Customer immediately upon delivery.
(b) Property in Goods supplied to the Customer pursuant to these Terms and Conditions does not pass to the Customer until all money (including money owing in respect of other transactions between the Supplier and the Customer) due and payable to the Supplier by the Customer have been fully paid.
(c) Where Goods are supplied by the Supplier to the Customer without payment in full of all moneys payable in respect of the Goods and any Services provided by the Supplier in respect of those Goods, the Customer:
(i) is a bailee of the Goods until property in them passes to the Customer;
(ii) irrevocably appoints the Supplier its attorney to do all acts and things necessary to ensure the retention of title to goods including the registration of any security interest in favour of the Supplier with respect to the Goods under applicable law;
(iii) must be able upon demand by the Supplier to separate and identify as belonging to the Supplier Goods supplied by the Supplier from other goods which are held by the Customer;
(iv) must not allow any person to have or acquire any security interest in the Goods;
(v) agrees that the Supplier may repossess the Goods if payment is not made within 14 days (or such longer time as the Supplier may, in its complete discretion, approve in writing) of the supply of the Goods; and
(vi) the Customer grants an irrevocable licence to the Supplier or its agent to enter the Customer's premises in order to recover possession of Goods pursuant to this paragraph. The Customer indemnifies the Supplier in respect of any damage to property or personal injury which occurs as a result of the Supplier entering the Customer's premises.
(d) Where Goods are supplied by the Supplier to the Customer without payment in full of all moneys payable in respect of the Goods provided by the Supplier and the Customer makes a new object from the Goods, whether finished or not, or the Customer mixes the Goods with other goods or the Goods become part of other goods (New Goods), the Customer agrees with the Supplier that the ownership of the New Goods immediately passes to the Supplier. The Customer will hold the New Goods on trust for the Supplier until payment of all sums owing to the Supplier whether under these Terms and Conditions or any other contract have been made and the Supplier may require the Customer to store the New Goods in a manner that clearly shows the ownership of the Supplier.
(e) For the avoidance of doubt, under paragraph (d), the ownership of the New Goods passes to the Supplier at the beginning of the operation or event by which the Goods are converted into, are mixed with or become part of other goods.
(f) Notwithstanding paragraph (c) the Customer may transfer, sell or dispose of Goods, including New Goods, to a third party in the ordinary course of business provided that:
(i) where the Customer is paid by a third party in respect of Goods including New Goods, the Customer holds the whole of the proceeds of sale less any GST on trust for the Supplier - in a separate account - until all amounts owned by the Customer to the Supplier have been paid; or
(ii) where the Customer is not paid by a third party, the Customer agrees to assign all of its rights against the third party to the Supplier upon the Supplier giving the Customer notice in writing to that effect and for the purpose of giving effect to that assignment the Customer irrevocably appoints the Supplier as its attorney.
(g) Where Goods are supplied by the Supplier to the Customer without payment in full of all moneys payable in respect of the Goods and any Services provided by the Supplier in respect of those Goods, the Customer acknowledges that the Supplier has a right to register and perfect a personal property security interest.
(i) a PPS Law applies or commences to apply to these Terms and Conditions or any transaction contemplated by them, or the Supplier determines (based on legal advice) that this is the case; and
(ii) in the Supplier's opinion, the PPS Law:
(A) does or will adversely affect the Supplier's security position or obligations; or
(B) enables or would enable the Supplier's security position to be improved without adversely affecting the Customer,
the Supplier may give notice to the Customer requiring the Customer to do anything (including amending these Terms and Conditions or execute any new Terms and Conditions) that in the Supplier's opinion is necessary, to the maximum possible extent, to overcome the circumstances contemplated in paragraph (ii)(A) or improve the security position as contemplated in paragraph (ii)(B). The Customer must comply with the requirements of that notice within the time specified in the notice. If having completed everything reasonably practicable as required under this paragraph, in the Supplier's opinion the Supplier's security position or obligations under or in connection with these Terms and Conditions have been or will be materially adversely affected, the Supplier may by further notice to the Customer cancel these Terms and Conditions, in which case the Customer must pay to the Supplier any money owed to the Supplier by the Customer immediately.
Third party web-sites
Where our web-site contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).
Your linking to or from these sites, or use of, or reliance on such sites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-web-site pages and other web-sites or third party suppliers that you visit or transact with. Links, references or other connections to these sites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).
You may link to our home page provided your links do not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any web-site that is not owned by you.
Our web-site must not be framed on any other site. Our site must not be utilised by third party web crawlers (or similar) in order to scrape content form our site for any purpose. We reserve the right to withdraw linking permission without notice.
Viruses and Hacking
You must not misuse our web-site by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our web-site, the server on which our web-site is stored or any server, computer or database connected to our web-site.
Whilst we do our best to ensure that our web-site is virus-free, you acknowledge that the Internet and e-commerce facilities may attract unknown contingencies out of our control. Accordingly, we will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our web-site or to your downloading of any material posted on it, or on any web-site linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.
You consent to receive communication from us electronically, either by email or by us posting notices on our web-site and you agree that all communications that we provide to you electronically will satisfy any legal requirement that a communication be in writing.
Facebook and Blog
The purpose of our Facebook page and our Blog is to provide Toy Fiesta's fans with inspiration, information on our products, access to special promotions plus the latest goings on at Toy Fiesta and from our circle of friends. You’re welcome to contribute your own comments, photos & videos. To ensure a positive and respectful environment for everyone, we ask that you follow a few simple guidelines when making a contribution: We’re all about the educational and skill development toys. We welcome contributions on this topic. We’ll delete posts that we consider to be off-topic, spam, advertising, offensive, sexually inappropriate, threatening, abusive, hateful, profane or defamatory towards a person, race, ethnicity, entity, belief or symbol. We’re big supporters of lively, open discussion and we don’t shy away from negative feedback from our customers, we simply deal with it in our usual professional, friendly manner. However, we reserve the right to address factual errors or delete posts if we think it appropriate or necessary to do so. We’re happy for our material to be shared (via Facebook’s "share" functionality), but you should not copy our material and post it without attribution, nor use it for commercial purposes or claim it as your own. We support the Facebook Statement of Rights and Responsibilities, and our Facebook page adheres to relevant Facebook policies. We reserve the right to ban users who don’t abide by these guidelines.
The Customer indemnifies and keeps indemnified the Supplier, its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, the Customer) against the Supplier or, for which the Supplier is liable, in connection with any Loss arising from or incidental to the provision of Goods, any Order or the subject matter of these Terms and Conditions including, but not limited to any legal costs incurred by the Supplier in relation to meeting any claim or demand or any party/party legal casts for which the Supplier is liable in connection with any such claim or demand. This provision remains in force after the termination of these Terms and Conditions.
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a web-site (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our web-site. Any changes are effective immediately upon posting to our web-site. Your continued use of our web-site thereafter constitutes your agreement to all such changed Terms and Conditions. Please read these Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using our web-site.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.
If any provision in these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect.
If you have any concerns about material which appears on our web-site, please contact us.
Telephone: +61 (0) 403 829 080