Please read these conditions carefully before using Toffos Pty Ltd Services. By using Toffos Pty Ltd Services, you agree to be bound by these conditions.

 We offer a wide range of Products and Services, and sometimes additional terms may apply. Our pages contain Service Terms and other important information relating to your use of the Toffos Services. 

When you use Toffos Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Toffos Services, such as our Message Centre. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you, and we are not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. You must ensure that the details you provide to us are correct and complete, and inform us of any changes. 
If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws, these Conditions of Use, or the relevant Service Terms, we reserve the right to take action on your account in accordance with these Conditions of Use, and the relevant Service Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account. 

Unless expressly indicated otherwise, Toffos is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, products and any product packaging and materials may be different from that displayed on our website. All information about the products on our website is provided for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the product in accordance with our return polices and your statutory rights. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, contact the manufacturer, or report the concern to us. Toffos accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. 

3. DISCLAIMER AND LIABILITY

Unless otherwise stated in writing, Toffos disclaims, and does not make, any representation or warranty of any kind in respect of any product we offer on the website or that you may order from us. Toffos will not be responsible for (i) any loss arising from the unavailability of any product; (ii) losses that were not caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; or (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. Unless otherwise stated in writing, our liability to you for any loss arising from or relating to the offer or sale of any product by us on the website is limited to a refund of the relevant amount paid for the product.

4. LEGAL TITLE OF GOODS/STOCK

 The customer hereby acknowledges that the title to and property of all goods supplied by Toffos Pty Ltd  and the right to possession there shall not pass from Toffos Pty until all monies owed to Toffos Pty Ltd have been paid in full by the Customer. Toffos Pty Ltd hereby agrees to allow the customer to deal, sell or trade with the goods in the normal course of business and for the Customer to retain the sale proceeds of such sale or dealing provided that the customer adheres to the terms and conditions of this Agreement. In the event of the Customer defaulting in any of the terms of this Agreement including the payment of all monies due under the Agreement then Toffos Pty Ltd shall have the right (without giving notice) to retake possession of all goods supplied to the Customer by Toffos Pty Ltd and the Customer hereby authorise and allows Toffos Pty Ltd or its representative, agent or employee to enter the premises upon which the goods are housed or stored for the purpose of retaking possession of the same and Toffos Pty Ltd shall not be liable for any costs, losses, damages, expenses or any other monies or losses suffered by the Customer as a result of Toffos Pty Ltd retaking possession of the goods. The Customer hereby indemnifies Toffos Pty Ltd against prosecution and claims for damages resulting from the seizure of goods.

5. PAYMENT AND DEFAULT

Where credit facility is provided payment shall be net of Weekly, Fortnightly, Monthly as per invoice provided to customer. Any expenses, costs or disbursements incurred by Toffos Pty Ltd  in recovering any outstanding monies including debt collection agency fees and solicitors costs shall be paid by the Customer providing that those fees do not exceed the charges as charged by that debt collection agency/solicitor. Toffos Pty Ltd shall be entitled without notice to terminate any credit arrangement with the Customer in the event of the Customer defaulting in any of the terms and conditions herein contained.