Terms & Conditions

Gizmody.com and its apps and sub-domains (the “Site”) is a marketplace platform owned and operated by Gizmody (“Gizmody”, “we”, “us” or “our”). Through the Site, users (“you” or “User”) may browse and purchase products from third-party sellers (“Sellers”) or directly from Gizmody.

By accessing or using the Site, you agree to be bound by these Terms and Conditions (“Agreement”). Please read them carefully. Gizmody reserves the right to modify or discontinue the Site or its services at any time without advance notice.

Gizmody earns fees from Sellers on Products sold. Any modifications to these Terms are effective immediately upon publication; continued use of the Site constitutes your acceptance of the updated Terms.

1. About You

To use the Site, you must:

• Be at least 18 years of age;
• Be a resident of Australia;
• Have the legal capacity to enter into binding agreements; and
• Comply with all applicable laws and this Agreement.

2. Registration & Guest Checkout

You may register an account to save your details, access order history, and manage your preferences, or use guest checkout for one-time purchases.

You are responsible for maintaining the confidentiality of your account credentials. If your account is accessed by an unauthorised party and you failed to maintain adequate security, you may be held responsible for any resulting activity.

Accounts are personal and non-transferable. Gizmody may suspend, terminate and/or close your account if you breach this Agreement or engage in fraudulent or unlawful activity.

3. Our Site, Licence and Restrictions on Use

Gizmody grants you a limited, non-exclusive, non-transferable licence to access and use the Site for personal, non-commercial purposes.

You must not:

• Interrupt or interfere with the Site’s operations;
• Use automated scraping tools or bots;
• Use the Site for any illegal or unauthorised purpose;
• Reproduce, modify, distribute or reverse engineer any content or intellectual property on the Site without authorisation; or
• Supply content to Gizmody that is obscene, defamatory, unlawful, or infringes the rights of any third party.

4. Our Role in Transactions

Gizmody’s Site is a marketplace platform where you, the User, may purchase Products from Sellers. Gizmody acts as a limited agent, facilitating purchases, collecting payments, and providing customer support.

When a Seller’s Product is purchased via the Site, the User and the Seller will at that time form a legally binding agreement separate from and in addition to this Agreement with Gizmody. Sellers bear sole responsibility for their products, pricing, supply, delivery, quality, and legal compliance.

5. Products

Product images on the Site are provided for illustrative purposes only and the actual Products may vary to a small extent. Product information is sourced from Sellers or their suppliers.

Gizmody does not warrant that all product listings are error-free. Gizmody and its Sellers reserve the right to change, suspend or remove any Product from the Site at any time without notice.

6. Ordering and Delivery

By placing an order, you agree to purchase the selected Products at the prices displayed, inclusive of GST but excluding delivery costs. Your order will not be processed until payment is received by Gizmody in full.

We accept multiple payment methods. Third-party payment methods are subject to their own separate terms and conditions.

Delivery time estimates can be viewed on Product listings. Actual delivery times may vary. Seller products ship from the Seller’s distribution centre.

7. Cancelling Orders

Gizmody or its Sellers may reject or cancel your order after it has been placed, including where:

• The item is out of stock;
• A pricing or listing error has occurred; or
• There are safety or compliance concerns.

If your order is cancelled, you will be notified and a full refund will be issued. You may request cancellation before your order has been dispatched. Once an order has been processed, is ready for dispatch or has already been sent, it cannot be cancelled.

Gizmody’s maximum liability for a cancelled order is limited to the amount refunded to you. Gizmody reserves the right to cancel orders suspected of being placed for resale purposes.

8. Change of Mind Returns

Sellers have their own policies and procedures in relation to change of mind returns. Sellers may refuse a refund or exchange where the return is due to user error.

For Gizmody direct products:

• Items must be unused, unopened, and in resalable condition;
• Returns must be initiated within 30 days of delivery;
• Return postage costs are at the customer’s expense.

Gizmody may refuse change-of-mind returns for big and bulky items, health products, jewellery, intimate apparel, consumables, bedding, or hygiene-sensitive products. Non-conforming returns will be charged back to the user.

9. Problems with Your Products

All Products sold on Gizmody come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

If you experience an issue with a product, please contact the Seller directly in the first instance. If the matter is unresolved, you may escalate to Gizmody support. Gizmody will assist through investigation and remedy issuance consistent with the Australian Consumer Law.

10. Liability

The Site is provided “as is” without warranties of any kind. Without limiting your rights under the Australian Consumer Law, Gizmody does not warrant that the Site will be uninterrupted, error-free, virus-free, or constantly available.

Gizmody will not be liable for any claim or losses that result from circumstances beyond our reasonable control or from events that do not constitute a breach of this Agreement.

Gizmody will not be liable to you for indirect or consequential loss unless such loss results from our own negligence or misconduct. Where your own conduct has contributed to any loss, our liability will be reduced proportionally.

For Seller products, the relevant Seller is responsible for providing remedies consistent with the Australian Consumer Law.

11. Privacy

Where personal information is provided to Gizmody, our Privacy Policy will govern how Gizmody uses or discloses that information. By using the Site, you consent to the collection and use of your personal information as described in our Privacy Policy.

12. Intellectual Property

You must not reproduce, adapt, modify, display, distribute or reverse engineer any Gizmody intellectual property without prior written authorisation.

By providing any content to Gizmody (including testimonials, reviews, or images), you grant Gizmody an irrevocable, royalty-free, global licence to use, copy, display or distribute that content in connection with the Site and our business.

13. Miscellaneous

This Agreement constitutes the entire agreement between you and Gizmody with respect to your use of the Site. A failure to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy in respect of any subsequent breach.

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

This Agreement is governed by the laws of Victoria, Australia, and you submit to the exclusive jurisdiction of the courts of Victoria.

In the event of a change in control, merger with or sale of Gizmody or its business to a third party, Gizmody may disclose personal information and assign the benefits of this Agreement without notice to you.

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