Terms of service

1. Who we are

This website is operated by MiningToy (ABN 97 100 865 008), based in Cannington, Western Australia. Throughout the site, the terms “we”, “us” and “our” refer to MiningToy. By visiting our site or purchasing from us, you engage in our service and agree to be bound by these terms.

2. Who can order

You must be at least 18 years old, or have the consent of a parent or guardian, to place an order. Our products are toys and collectibles; age recommendations are shown on every product page and on the packaging, and it is your responsibility to choose a product suitable for the intended user.

3. Products, prices and availability

All prices are in Australian dollars (AUD) and include GST where applicable. We reserve the right to change prices, modify or discontinue any product, and limit quantities, at any time and without notice.

We make every effort to display our products accurately, including photographs, dimensions and specifications. Colours may vary slightly depending on your screen. Manufacturers occasionally change packaging or minor details without notice.

Stock levels shown on the site are indicative. If an item turns out to be unavailable after you order, we will contact you and offer a replacement, a backorder or a full refund.

4. Orders and acceptance

Your order is an offer to buy. A confirmation email is an acknowledgement, not acceptance. We may refuse or cancel any order — including where a product is listed at an obviously incorrect price, where we suspect fraud, or where an order appears to be for resale — and we will refund you in full if we do.

5. Payment

Payment is taken at checkout through Shopify Payments and the other methods shown at checkout. We do not store your card details. You confirm that you are authorised to use the payment method you provide.

6. Shipping and delivery

Shipping is free on every order to Australia and New Zealand, with no minimum spend. We ship to Australia and New Zealand only. Delivery timeframes shown on the site are estimates from dispatch, not guarantees. Risk in the goods passes to you on delivery. See our Shipping policy for full detail.

7. Returns, faults and warranty

See our Refund policy. In summary: 30 days to change your mind on an unopened item, a 12-month warranty against manufacturing faults on Cat® RC models, and free replacement of missing or broken brick-set pieces. Your rights under the Australian Consumer Law, and under the New Zealand Consumer Guarantees Act 1993, are not limited by anything in these terms.

8. Trade marks and licensing

Cat, Caterpillar, their respective logos, “Caterpillar Corporate Yellow”, the “Power Edge” and “Cat Modern Hex” trade dress, as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission. The Cat® models we sell are officially licensed products manufactured by Diecast Masters.

Mould King and Reobrix are independent brands. Their building sets are compatible with the standard stud system used by major brick brands. MiningToy is not affiliated with, endorsed by, or sponsored by any other brick manufacturer, and we do not use their trade marks on our products or packaging.

9. Use of this site

You agree not to use our products or site for any unlawful purpose, to infringe anyone's intellectual property, to transmit malicious code, to scrape or harvest data, or to interfere with the security of the site. We may terminate your access for breaching these terms.

All content on this site — text, photographs, graphics and layout — is our property or used under licence, and may not be reproduced without our written permission.

10. Reviews and submissions

If you send us reviews, photos, ideas or other material, you grant us a non-exclusive, royalty-free licence to use, reproduce and publish it. You agree that your submission does not infringe anyone's rights and contains nothing unlawful or abusive. We are under no obligation to publish or keep any submission.

11. Errors and accuracy

Occasionally there may be information on our site containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers or availability. We reserve the right to correct any error and to change or update information at any time without prior notice.

12. Liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or the New Zealand Consumer Guarantees Act which cannot lawfully be excluded. Subject to that, and to the extent permitted by law, our total liability arising out of any product or order is limited to the amount you paid for that order, and we are not liable for indirect or consequential loss.

13. Privacy

Your personal information is handled in accordance with our Privacy policy.

14. Changes to these terms

We may update these terms at any time by posting the revised version on this page. The version in force when you place an order is the one that applies to that order.

15. Governing law

These terms are governed by the laws of Western Australia and the Commonwealth of Australia, and you submit to the non-exclusive jurisdiction of the courts of Western Australia.