Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. We understand that reading legal documents can be painful, so we’ve tried to keep these conditions as easy to understand as possible.
By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions and that you have the requisite legal capacity to enter into an Agreement with us based on these terms.
If you have any questions or concerns about these terms or our Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
While we take every care to make sure our online store is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error or stock availability issue).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price or delaying your order). If we can’t or won’t fill your order, we’ll process a full refund as soon as we reasonably can.
- Personal Use and Resale
We generally sell our toothbrushes to customers for personal use only, but we are open to wholesale arrangements. If you would like to become a Tinkle stockist or a distributor of our toothbrushes, please get in touch with us at firstname.lastname@example.org.
We sell our Tinkle toothbrushes on a subscription basis and the payment structure is a bi-monthly recurring charge, which will be billed to your account. You may cancel your bi-monthly subscription payments at any time by contacting us. Your subscription will be cancelled immediately on our confirming receipt of your cancellation request and no further payments will be processed. Please ensure that you send any cancellation request well ahead of the next payment date, to avoid disappointment.
We currently accept all major credit and debit cards which are subject to merchant fees payable to the credit or debit card provider. If you’d like to pay in a different way, please get in touch with us.
You agree to provide current, complete and accurate purchase and account information for all orders made through our Website. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
If you fail to make a scheduled payment, or if any such payment is returned or denied for any reason, we may terminate this Agreement or suspend or cancel your subscription, at our absolute discretion, unless or until payment is received.
- Modification of price and discontinuance of service
We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website or otherwise notifying you.
We reserve the right at any time to modify or discontinue our toothbrush subscription service. We will give you as much notice as possible of any such intended modification or discontinuance.
- Currency and GST
Prices are listed in Australian dollars (AUD) and are inclusive of GST, unless otherwise listed on our Website.
- Discounts and Coupon Codes
We may offer discounts or coupon codes from time to time.
Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).
Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).
Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only.
Coupon codes are non-transferable and are not redeemable for cash under any circumstances.
We reserve the right to revoke any discount offer or coupon code at any time without notice.
- Postage and delivery
We post our Tinkle toothbrushes within Australia only. We use Australia Post to get our toothbrushes to you but may use other reputable courier companies if necessary.
- a) Rates
What rates?! Shipping of your Tinkle toothbrushes is FREE... Cha-Ching!
- b) Dispatch Timeframes
We endeavour to process all orders as quickly as possible, usually within 2 days of receipt of full payment.
You acknowledge that we’re not be liable for any delay in dispatch of your order.
- c) Delivery Timeframes
Delivery of your first toothbrush (or set of toothbrushes) usually takes between 3 and 5 days from dispatch.
You’ll then receive your replacement Tinkle toothbrush(es) every two months which will arrive on or around the 15th or 30th of the month, depending on when you placed your first order.
- d) Delivery Address
It’s your responsibility to make sure that your postal address details are correct - we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details.
If your order is undelivered due to your error (including you providing us with an incorrect delivery address) and returned to us, we will require you to reimburse us for the returned parcel fee. At that stage, we reserve the right to terminate this agreement and issue you with a refund (minus the returned parcel fee and the $1 charitable donation). Alternatively, we may require you to pay the additional postage costs of posting the order to your correct address.
- e) Orders Lost in Transit
If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
- f) Orders Damaged in Transit
No matter how well we pack our Tinkle toothbrushes, occasionally they may get damaged in transit. On the rare occasion that this happens, please advise us in writing within 7 days of receipt of the damaged item(s), including photographs of the damage so that we can discuss options with you. Please email photographs to email@example.com. Once we have confirmed the damage, we will promptly arrange a replacement to be sent. Please allow the usual timeframe for replacements to be dispatched and delivered to you.
- g) Risk
Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless you’ve given authority to leave the order unattended. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.
If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.
- Our Product
Tinkle's primary product is a sustainably sourced bamboo-handled manual toothbrush. You’ll see pictures of it all over our Website. Please note that we have made every effort to display our toothbrushes as accurately as possible on our Website including what the colours on our toothbrushes look like in real life. However, we cannot guarantee that your computer monitor's display of any colour will be accurate.
For your safety, before using our toothbrushes, please follow the directions below (which are the conditions we require you to follow prior to use):
- a) Check the toothbrush before use (for children’s toothbrushes, this should be done by the parent or
guardian), particularly for splinters or other imperfections which may cause harm to the user. Bamboo is a natural material and as such is subject to the inconsistencies of natural materials. If splinters or other imperfections that may cause harm are found, do not use the toothbrush or cease use immediately. Take and send photographs of the toothbrush to us (so we can discuss replacement options) and then dispose of the faulty toothbrush immediately (by composting or planting it of course!). b) The toothbrush should be used in accordance with dental guidelines, which recommend that toothbrushes are gripped lightly (with fingers rather than fist) and brushing performed gently. Tinkle will not accept responsibility for any harm or damage caused by brushing performed other than in accordance with dental guidelines.
- Refund Procedure
If there is a problem with your order, please advise us by email (firstname.lastname@example.org) within 14 days of receipt of your toothbrush(es), including photographs of the problem so that we can discuss options with you. Once we have assessed the problem and verified your claim, we will promptly arrange a replacement or refund in accordance with law. Please allow the usual timeframe for another product to be dispatched and delivered to you.
Otherwise, upon receipt of your toothbrush(es), if you change your mind about our product or your subscription, you may return the unopened toothbrush(es) within 30 days of receipt and we’ll provide you will a full refund (minus the $1 donation to charity).
Refunds will be processed promptly, and payment made by the same method that you made payment. All refunds are made at the discretion of Tinkle.
- Subscription Cancellation
We have a ‘cancel anytime’ policy. Anytime you’d like to cancel your Tinkle subscription, you can! Your subscription is bi-monthly, so just cancel your subscription before your next payment is due and you won’t incur any further charges from us.
- Charitable Donations
You should feel great about your Tinkle subscription. $1 from the purchase price of each Tinkle toothbrush is donated by Tinkle to organisations which are helping nurture and save the planet (often small grassroots community organisations without government grants or funding). The organisations Tinkle donates to are those that are:
- a) teaching kids about being environmentally conscious; b) organising beach, bush and local area clean ups; c) finding new ways to turn waste into recycled material and reusable products; and d) developing new technologies to keep our planet green and clean.
If you know of an organisation that Tinkle might like to support, we’d love to hear your suggestion, so please get in touch. Please note that Tinkle reserves the right to choose which organisations to support with the proceeds we receive from your toothbrush purchases. You’ll see and can read up about our chosen organisations on our website. Rest assured, you’re donating to a great cause!
- Events beyond control
As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
- Advice and information
We may give you advice, recommendations, information or assistance in relation to our toothbrushes on our Website, their use or application. We give that information to you in good faith, believing it to be accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice. We are not dentists! You should seek appropriate professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.
- Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:
- replacement of the product;
- repair of the product;
- payment of the cost of having the product repaired; or
- such other fair and reasonable remedy as we are ready and willing to provide.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.
If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing.
To make an ACL-related claim, please contact us on at email@example.com.
- Intellectual property
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.
As a purchaser of our products, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our products, and all associated intellectual property for your personal use only. Our products may not be used for commercial gain, replication, reproduction or resale without our written consent. If you would like to use our products for any use other than personal use, please get in contact with us (firstname.lastname@example.org).
We love it when you post about our products on social media. Tag us and use the hashtag #tinkletime to go into the draw to win fabulous prizes and a free month’s worth of Tinkle toothbrushes!
If you do share images or videos (or any other depiction whatsoever) of our toothbrushes on your social media (“Posts”), you provide to us your express and unconditional consent to share your Posts on our social media. We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your Posts.
If you sing Tinkle's praises and provide us with a testimonial, you grant us permission to use your name, trade mark (if any) and the general details of our provision of toothbrushes to you to promote our business. This may take the form of your testimonial being published on our website and social media accounts, and/ or in other online or print media. You agree that you will have no claim of compensation whatsoever against Tinkle for using your testimonial to promote Tinkle in this way.
- Dispute resolution
If a dispute arises out of these conditions or if you are unhappy with your Tinkle toothbrush or subscription for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in Hobart, Tasmania (unless we agree an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.
Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).
We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on being posted.
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.
We may terminate this agreement (including by cancelling your subscription) at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.
As we’re based in Tasmania, these conditions will be governed by the laws of that state. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of Tasmania.
This document was last updated: 5 March 2019