Toybot Importz feedback

[ZoonMaster5000]

They give cheap prices by probably (this is a guess) buying from overseas and importing by boat... this takes time, depends on when the container the dock loads is full enoug to send, and has to go through the port AND customs.... so no you won’t get your item on release day.

Gee that must be why I?m still waiting on 2 mp-29+ they are just sailing round the ocean enjoying themselves. Over 12 months after release is not good enough and to be told a few weeks that they never had them and would have to order more.

They must just think we are all idiots. Even as a customer I?m not privy to Stu?s secret club where he picks and chooses who gets the toys first. Which is a known fact on multiple items

[DaptoDog]

Just as a counterpoint, does those online retailer charge the GST? Don't forget, TBI would have to pay that when ordering their stock. And the sold out part from my assumption would be their cut off date to send their orders in by sending our hard earned dollars off to the supplier to pay for them.

No GST is applicable for those retailers. Is that fair to TBI? No, but it is what it is. Even if you add GST to those import prices they are still 10%+ cheaper than TBI when you factor in TBI's shipping. So even when TBI does their usual 10-15% off sale it's basically a wash on that basis.

Also I don't fault TBI for closing their pre-orders. I just gave those examples to make the point that importing is not more expensive and that you don't have to get your pre-order in within the first few days with those sources.

Once you then take into account the quick and painless delivery, far better customer support and that you can delay payment to just before release (for NY) it's an easy decision for me.

[1AZRAEL1]

No GST is applicable for those retailers. Is that fair to TBI? No, but it is what it is. Even if you add GST to those import prices they are still 10%+ cheaper than TBI when you factor in TBI's shipping. So even when TBI does their usual 10-15% off sale it's basically a wash on that basis.

Also I don't fault TBI for closing their pre-orders. I just gave those examples to make the point that importing is not more expensive and that you don't have to get your pre-order in within the first few days with those sources.

Once you then take into account the quick and painless delivery, far better customer support and that you can delay payment to just before release (for NY) it's an easy decision for me.

Not fair but as you say is what it is. I just had to point that out for people playing at home.

All my purchases with TBI have been painless anyway. And one of the reasons I use them over most other retailers is the HUMM and PayPal laybuy options that alot of other places don't have. Using Black Arachnia as an example, I could pay her off easily using PayPal laybuy. Because my pay fluctuates fortnight to fortnight, it's the better option for me.

[Raider]

Pre-Order Update has been posted for December.

[yoshi594]

well the update doesn't include all the figures. Zoonmaster's mp-29+ isn't on the update. Enroute doesn't really tell us much as mp-43 is still enroute when it has been released in march (if there's a reissue, which i don't think there is one, it shouldn't matter as this was sold as the 1st release).

It should really say enroute and the date it was shipped to them if it hasn't arrived at their "warehouse" and then enroute and the date shipped to the customer.

[Krayt]

MP-29+ was received damaged.... did zoonmaster have correspondence about this? And was anything else ordered with it?

[ozlee]

Every item has an ETA and the ETAs are noted as being dynamic.

Refunds are defined in the conditions as being NOT AVAILABLE.

So people who email about refunds complain they got no response... but the conditions say no refunds...

And the update is coming.... some people started complaining so he posted a work in progress shot of the update... that was NOT THE UPDATE!... it was also in a private group that isn’t to be shared outside of the group... once again, that’s the conditions of being a member of that group... so stop complaining and follow the rules while waiting for the actual update

Like what yoshi594 said a business T&C cannot override the law. If a customer requests for refund because deadlines are missed and they are not getting any confidence in the business to deliver their items then they have every single right for a refund.

And I think you are missing the point - my point was ignoring customers' questions and feedback is not a good way of running a business and people have the rights to complain.

I guess you also failed to see that PC were doing exactly the same thing before they disappeared into thin air.

[Omega Metro]

Sent a message the other day and immediately got a response. Also had a shipping email today.

[Raider]

Every item has an ETA and the ETAs are noted as being dynamic.

Refunds are defined in the conditions as being NOT AVAILABLE.

So people who email about refunds complain they got no response... but the conditions say no refunds...

This is not true. It is unlawful to state that no refunds are available or words to that effect as it implies that refunds are not available in any circumstance. The T&Cs only refer to the pre-order price being non-refundable if "you choose to cancel your pre-order".

Like what yoshi594 said a business T&C cannot override the law. If a customer requests for refund because deadlines are missed and they are not getting any confidence in the business to deliver their items then they have every single right for a refund.

You need to be careful about what you are saying here. To be clear, consumers have protections under the ACL that no T&Cs can override. That is true. However, TBI's T&Cs do not seem to be breaching the ACL as far as I can tell. A business cannot have a "no refunds" clause. They must provide refunds in certain circumstances as set out in the ACL. As mentioned above, TBI does not have a "no refunds" clause. In fact, their T&Cs states:

"In the event you choose to cancel your pre-order, the full cost, including shipping, is non-refundable due to administrative costs and other fees incurred by us. We keep our product costs low by ordering in bulk and we are still obliged to pay suppliers for any pre-ordered products initially ordered. We are not able to cancel or reduce quantities from our suppliers once ordered." (emphasis added)

"Subject to any relevant legislation which restricts or prohibits the exclusion, restriction or modification of an implied warranty, condition or obligation, Toybot Importz reserves the right to limit its liability in respect of any claim to the refund of an amount equivalent to the price paid for the product or service in question."

"Our policy on returns is in addition to your rights under the Australian Consumer Law because we want you to be happy with your purchase. Please read the above carefully to ensure you are fully aware of your rights under this policy and our obligations to you."

They appear to be very well aware of the position under the ACL. Now, you have stated "because deadlines are missed and they are not getting any confidence in the business to deliver their items then they have every single right for a refund". That is not true. I presume you are talking about the protections under section 36 of Schedule 2 of the ACL. The actual requirements are:

(4) A person who, in trade or commerce, accepts payment or other consideration for goods or services must supply all the goods or services:

(a) within the period specified by or on behalf of the person at or before the time the payment or other consideration was accepted; or

(b) if no period is specified at or before that time—within a reasonable time.

What is a reasonable time is not really defined. This is where it comes into an analysis of what other comparative stores are providing as their delivery times. No doubt some of the discussion about waiting 12 months past release date is likely to fall outside of a reasonable time, unless of course the item is being held to be shipped with other items that were ordered at the same time and still not available for supply.

They even state in their T&Cs "In placing a pre-order, you understand this fully and accept we are not responsible for any delays in delivery of the products beyond the listed estimated date of arrival." There is also mention that the estimate is an estimate only and that they may update "estimated dates of arrival once we are notified that products are completed and we have notification of shipping from our suppliers". This presumably goes to sub-section (5):

(5) Subsection (4) does not apply if:

(a) the person’s failure to supply all the goods or services within the period, or within a reasonable time, was due to the act or omission of another person, or to some other cause beyond the person’s control; and

(b) the person took reasonable precautions and exercised due diligence to avoid the failure.

Overall, it is not as simple as saying you have lost confidence in the business to deliver the items. The legislation requires an analysis of whether the item will be delivered within a reasonable time. If anyone has concerns about how the law applies, I suggest calling up the ACCC or Fair Trading and seeking some guidance from them.

PS: This is general guidance and not to be taken as legal advice

[1AZRAEL1]

Thank you for posting a lengthy guidance lol. Makes alot of sense.