Terms of service

Brainsense Toys – Terms of Service

Last updated: 24 January 2026

These Terms of Service (“Terms”) govern your use of the Brainsense Toys website and the purchase of products from us. By accessing our website or placing an order, you agree to be bound by these Terms.

If you do not agree with these Terms, you must not use this website or purchase our products.

1. About Us

Brainsense Toys (“we”, “us”, “our”) is an Australian online retailer selling toys and related merchandise.

Contact details:
Email: support@brainsensetoys.com.au
Website: www.brainsense.com.au

2. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies you may have under the Australian Consumer Law (ACL) or other applicable laws.

Where a product fails to meet a consumer guarantee, you may be entitled to a repair, replacement or refund in accordance with the ACL.

3. Eligibility to Purchase

By placing an order, you confirm that:

  • you are at least 18 years old, or have permission from a parent or guardian

  • you are legally capable of entering into a binding contract

  • all information you provide is accurate and complete

4. Product Information

We take reasonable care to ensure product descriptions, images, pricing and availability are accurate.

However:

  • product images are for illustration purposes only and colours or details may vary slightly

  • measurements and specifications may have minor tolerances

  • packaging may differ from images shown

If a product is materially different from its description, your rights under the Australian Consumer Law apply.

5. Orders and Acceptance

  • All orders are subject to acceptance and availability.

  • We reserve the right to refuse or cancel an order at our discretion, including where:

    • payment cannot be processed

    • pricing or product information errors occur

    • fraud or unauthorised activity is suspected

If your order is cancelled after payment, you will receive a full refund.

6. Pricing and Payment

  • All prices are displayed in Australian Dollars (AUD) unless stated otherwise.

  • Prices may change without notice.

  • Payment must be received in full before an order is processed.

We use secure third-party payment providers. We do not store your full payment details.

7. Shipping and Delivery

Shipping times provided on our website are estimates only and are not guaranteed.

We are not responsible for delays caused by:

  • carriers or postal services

  • customs or border processing

  • incorrect address details provided by the customer

  • events outside our reasonable control

Risk of loss passes to you once the order has been delivered to the address provided.

8. Returns, Refunds and Exchanges

Our Returns & Refunds Policy forms part of these Terms and should be read together with them.

In summary:

  • We do not offer refunds or exchanges for change-of-mind purchases.

  • Refunds, replacements or repairs are provided only where required under the Australian Consumer Law.

  • Proof of purchase and evidence of the issue may be required.

The full policy is available at: [link to Returns & Refunds Policy].

9. Use of Products

Our products must be used:

  • in accordance with any instructions provided

  • for their intended purpose

  • under appropriate supervision where required (especially for children)

We are not responsible for damage or injury caused by misuse, failure to follow instructions, or use outside the intended purpose.

10. Intellectual Property

All content on this website, including text, images, logos, graphics and designs, is owned by or licensed to Brainsense Toys.

You may not reproduce, distribute, modify or exploit any content without our prior written consent.

11. Limitation of Liability

To the maximum extent permitted by law:

  • we are not liable for indirect, incidental or consequential losses

  • our liability for goods is limited to the remedies available under the Australian Consumer Law

This clause does not limit your rights where liability cannot be excluded under the ACL.

12. Indemnity

You agree to indemnify and hold Brainsense Toys harmless from any claims, losses or damages arising from:

  • your misuse of the website or products

  • your breach of these Terms

  • your violation of any applicable laws or third-party rights

13. Privacy

Your use of our website is also governed by our Privacy Policy, which explains how we collect, use and store your personal information.

14. Changes to These Terms

We may update these Terms from time to time. The current version will always be published on our website with the updated date.

Your continued use of the website constitutes acceptance of the updated Terms.

15. Governing Law

These Terms are governed by the laws of Australia, and you submit to the exclusive jurisdiction of the Australian courts.

16. Contact Us

If you have any questions about these Terms, please contact:

Brainsense Toys
Email: support@brainsensetoys.com.au
Website: www.brainsense.com.au