Terms of service

ToolDrop Terms and Conditions

Effective Date: 21/08/2025

INTRODUCTION
ToolDrop Pty Ltd (“ToolDrop”, “we” or “us”) operates an e-commerce platform (hosted on Shopify) that serves as a marketplace for trade consumables. We source products from third-party suppliers and facilitate their delivery to you; ToolDrop does not manufacture goods. By accessing or using the ToolDrop website (including browsing, creating an account, or placing an order), you agree to these Terms and Conditions (“Terms”). If you do not accept any part of these Terms, you must not use the website or purchase products through ToolDrop. These Terms form a binding agreement between ToolDrop and each user (“you”). Please read them carefully.

1. ACCOUNTS AND REGISTRATION
   To use certain features of our website (such as making purchases or managing subscriptions), you may need to register an account. By creating an account, you agree to the following:

1. Provide Accurate Information: You will provide truthful, current, and complete information during registration and keep it updated as needed.

2. Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately of any unauthorised use of your account or breach of security.

3. Eligibility (Age Requirement): You must be at least 18 years old or otherwise have legal capacity to enter into contracts. If you are under 18, you may only use the ToolDrop website under the supervision and with the consent of a parent or legal guardian, who will be bound by these Terms. ToolDrop does not knowingly sell products to minors.

4. One Account per User: You may not register multiple accounts or impersonate others.
   ToolDrop reserves the right to suspend or terminate your account (and refuse any future use of the website) if you provide false information, violate these Terms, or engage in fraudulent or objectionable conduct.

1. PERMITTED USE OF THE WEBSITE
   You may use the ToolDrop site only for lawful purposes and in accordance with these Terms. You agree not to engage in any prohibited activities on the website, including but not limited to:

1. Unlawful Conduct: Violating any applicable local, state, national, or international law or regulation.

2. Fraud or Misrepresentation: Engaging in fraudulent or deceptive practices (for example, impersonating another person or company).

3. Spam and Malicious Code: Transmitting unsolicited advertisements, chain letters, or spam; or uploading/distributing viruses, spyware, or other harmful code.

4. Unauthorised Access: Attempting to gain unauthorised access to any portion of the website, other user accounts, or computer systems connected to the site.

5. Automation and Scraping: Using robots, spiders, scripts, scrapers or other automated means to access the website or collect information without our permission.

6. Service Disruption: Interfering with or disrupting the operation of the website or the servers/network connected to the site (for example, by overloading traffic or attempting to crash the site).

7. Unauthorised Commercial Use: Reselling or exploiting any portion of the website or its content for commercial purposes without authorisation.
   ToolDrop may investigate and take legal action against any user who, in our sole discretion, violates the above rules. We reserve the right to suspend or terminate access for users engaging in prohibited conduct.

1. PURCHASES AND ORDERS
   When you place an order through ToolDrop, you are buying products supplied by third-party manufacturers or distributors, with ToolDrop acting as an intermediary. The following terms apply to all purchases:

1. Product Availability: ToolDrop is an Australian-based reseller of trade consumables (e.g. adhesives, fasteners, tools). All products displayed on our site are subject to availability. We strive to provide accurate descriptions and images, but actual products are provided by the third-party suppliers. Product specifications, pricing, and availability may change at any time without notice.

2. Ordering and Acceptance: Any order you place on the website is deemed an offer to buy from the relevant supplier, which we pass through. Order confirmation emails from ToolDrop acknowledge receipt of your order but do not guarantee acceptance. ToolDrop reserves the right to accept or reject an order on behalf of the supplier at our discretion. Reasons for refusal or cancellation may include, for example, product unavailability, pricing errors, or suspicion of fraud. If an order is cancelled after your payment has been processed, we will issue you a full refund.
   c. Pricing and Payment: All prices are listed in Australian Dollars (AUD) and include GST (Goods and Services Tax) where applicable, unless stated otherwise. Any additional fees (such as shipping or handling charges) will be shown at checkout and added to your total. By placing an order, you agree to pay the total price for the products and associated charges. Payment is due at the time of order placement, and ToolDrop accepts major credit/debit cards and other payment methods as offered at checkout. You represent that you are authorised to use the payment method you provide and that we (or our payment processors) may charge your method for the total amount (including any subscription renewals, see Section 4). Prices are subject to change without notice, but if a pricing error is discovered or if a price changes after you place an order (but before dispatch), we will contact you with the option to confirm, modify, or cancel your order. If we issue any refund, it will be credited to the original payment method used.
   d. Sales Territory: ToolDrop only sells and delivers within Australia. You must provide an Australian delivery address for any order. We do not currently ship internationally. If we inadvertently accept an order destined outside Australia, we reserve the right to cancel that order and refund your payment.

2. SUBSCRIPTION TERMS
   ToolDrop offers certain consumable products on a subscription/repeat-delivery basis (e.g. weekly, fortnightly, or monthly shipments, as selected by you). By purchasing a subscription, you agree to the following terms:

1. Recurring Billing: For a subscription order, you will be charged on a recurring basis for each delivery interval you select (such as weekly, fortnightly, monthly, or as otherwise specified for the product). Your subscription will automatically renew at the end of each billing period, and you authorise ToolDrop to charge your saved payment method for each recurring delivery until you cancel.

2. Cancellation or Pause: You may cancel a subscription or pause/skips deliveries at any time via your online ToolDrop account or by contacting our customer support. Cancellation or pause requests will take effect from the next scheduled billing cycle; you will not be charged further after cancellation, but you are responsible for any charges already processed prior to cancellation. If you cancel or pause mid-cycle, you will still receive any products already paid for in that cycle (and no refund will be issued for that cycle).

3. Changing Subscription Orders: You may make changes to your upcoming subscription delivery (for example, to modify the product variant or adjust the delivery date/quantity) before the order is processed for shipment. Any such changes must be submitted at least 48 hours before the next shipment is scheduled to be processed, either through your account settings or by contacting ToolDrop support. Once a subscription order has been processed for shipping, it can no longer be changed or cancelled until the next cycle.

4. Price Changes for Subscriptions: ToolDrop may occasionally update the pricing for products or shipping in your subscription. If there is a material change in the subscription fee for future shipments, we will notify you in advance either via email or through the website. If you do not agree to the new price, you may cancel the subscription before the change takes effect. Continued shipments after a pricing change takes effect will constitute your acceptance of the new price.

3. SHIPPING AND DELIVERY
   ToolDrop will arrange delivery of products to the address you provide, using third-party courier or postal services. The following terms apply to deliveries:

1. Australia-Only Delivery: As noted, we ship only within Australia (see Section 3.d). You are responsible for providing an accurate Australian shipping address. Delivery costs (if any) will be displayed at checkout.

2. Delivery Timeframes: Any delivery times or dates we quote are estimates only. We will strive to meet the indicated timeframes, but delays can occur due to factors outside our control (such as supplier stock issues, courier delays, or other logistical problems). ToolDrop is not liable for delivery delays. However, if you have not received your order within a reasonable time after the estimated delivery date, please contact us so we can assist in tracking the shipment.

3. Risk of Loss: Risk of loss or damage to the products passes to you once we hand over the items to the carrier for delivery. In other words, after the package is given to Australia Post or the courier, you will bear any risk of loss, theft, or damage during transit. (This does not affect your rights with respect to products that arrive damaged—see “Inspection” below.) We recommend ensuring the delivery location is secure.

4. Inspection on Delivery: Please inspect your order promptly upon delivery. If the package or items are visibly damaged on arrival, you should refuse delivery or notate the damage with the courier, and notify ToolDrop immediately. For any other issues (e.g. missing, incorrect, or damaged products not evident from the outside), you must inform both the carrier and ToolDrop within approximately 7 days of receiving the delivery. Timely notification helps us verify the problem and arrange an appropriate remedy.

5. Title to Goods: Ownership (title) of the products you order passes to you at the later of two events: (a) when the goods are delivered to your address, and (b) when we have received full payment for them. Until both of those conditions are fulfilled, the products remain the property of the supplier or ToolDrop. Once title passes to you, any subsequent loss or damage to the products is your responsibility.

4. RETURNS AND REFUNDS
   Our returns and refunds policy is in accordance with Australian Consumer Law and is designed to be fair to our customers while recognising the consumable nature of many products we sell. Please note the following terms regarding returns, refunds, and exchanges:

1. Change of Mind: In general, ToolDrop does not offer returns, exchanges, or refunds if you simply change your mind or make an incorrect choice after purchase. Under Australian Consumer Law, retailers are not required to provide a refund or replacement for change-of-mind purchases, and we adhere to this principle. All sales should be considered final once the product is dispatched, especially for consumable items that cannot be resold for safety and quality reasons. If you have opened the product packaging or used the product, we cannot accept a return unless the item is verified to be faulty or not as described. Even if a product is unopened, we typically will not accept it back simply due to a change in preference.

2. Discretionary Exceptions: In certain exceptional cases, ToolDrop may, at our sole discretion, choose to offer an exchange or store credit for an unopened, unused product if you change your mind. Such cases are rare and evaluated on a case-by-case basis as a goodwill gesture. If a discretionary return is allowed, the product must be in resaleable condition (unopened, undamaged) and you may be responsible for any return shipping costs. ToolDrop reserves the right to decline change-of-mind returns in all other circumstances.

3. Faulty or Defective Products: If a product you purchase is faulty, damaged, not as described, or otherwise fails to meet a consumer guarantee, you are entitled to a remedy under the Australian Consumer Law. This may include a repair, replacement, or refund for the defective item. Please see Section 7 (Product Warranties and Consumer Guarantees) for more details on your rights. In the event you receive a faulty or incorrect product, contact us as soon as possible (and provide your order details, a description of the issue, and photos if applicable). We will guide you through the returns process. Generally, you will need to return the item or provide proof of the defect, and once verified, we will arrange for a replacement, repair or refund in line with your legal rights. ToolDrop will cover any return shipping costs for confirmed faulty or incorrect items.

4. Returns Process: To arrange any return or exchange, you must first contact ToolDrop customer service for authorisation and instructions. Do not send products back without receiving return instructions, as this may delay or invalidate your return. When returning an item, you should include proof of purchase (e.g. order number, receipt) and return it in its original packaging (if available) or securely packed.

5. No Unlawful or Abusive Returns: Returns of items that are not actually ToolDrop’s products, or fraudulent return claims, will not be tolerated and may be reported as theft or fraud. We reserve the right to refuse service to anyone abusing our returns policy.

5. PRODUCT WARRANTIES AND CONSUMER GUARANTEES
   ToolDrop’s role as a marketplace means that any manufacturer’s warranties for the products apply directly from the manufacturer or supplier to the customer. ToolDrop itself does not give any independent warranty on products beyond those provided by the manufacturer.

1. Manufacturer Warranties: Some products may come with an express warranty from the manufacturer (for example, a warranty card, guarantee or maintenance program). Any such warranty is provided by the manufacturer, not by ToolDrop. We encourage you to read the documentation included with your product or check the manufacturer’s website for details on warranty coverage and how to make a claim. ToolDrop can assist you in contacting the manufacturer or relevant supplier if you need support, but we are not the party responsible for fulfilling manufacturer warranty obligations.

2. Australian Consumer Law Guarantees: As a consumer, you have certain statutory guarantees under the Australian Consumer Law (ACL) that apply to all goods we sell, regardless of any manufacturer’s warranty. Nothing in these Terms is intended to exclude or restrict your rights under the ACL. In summary, the ACL provides that products must be of acceptable quality, fit for their intended purpose, and match descriptions, among other things. If a product fails to meet any of these guarantees (for example, if it is faulty or significantly not as described), you are entitled to a remedy which may be a repair, replacement or refund, depending on the severity of the issue. These rights apply even if the manufacturer’s warranty has expired or does not cover the issue.

3. Remedies for Defects: If you believe an item is defective or does not meet the ACL guarantees, please notify us (or the manufacturer) as described in Section 6. Typically, minor issues will be resolved by arranging a repair or replacement, while major failures give you the right to choose a refund, replacement or compensation. We will work with you in good faith to ensure you receive the appropriate remedy as required by law. For assistance with product defects, warranty claims or refunds related to faulty goods, you may contact the manufacturer directly or reach out to ToolDrop’s customer service for guidance. We will liaise with the supplier or manufacturer on your behalf whenever possible to facilitate a resolution.

4. No Additional Warranties by ToolDrop: Except for the express responsibilities outlined above and any non-excludable rights under law, ToolDrop does not provide any further warranties (express or implied) on the products. In particular, we do not guarantee the products will be fit for any particular purpose or will meet your expectations beyond what is stated by the manufacturer or required by law. Section 9 (Limitation of Liability) below contains additional disclaimers relevant to product issues.

6. LIMITATION OF LIABILITY
   To the fullest extent permitted by law, ToolDrop’s liability to you is limited as set out in this section. For the avoidance of doubt, if ToolDrop is deemed liable for any reasons, ToolDrop limits its liability to the most recent individual order made by you. Please read this section carefully, as it limits and excludes certain liabilities of ToolDrop:

1. Indirect or Consequential Loss: ToolDrop will not be liable for any indirect, incidental, special or consequential losses or damages arising out of or related to your use of the website or purchase of any products. This includes, for example, any loss of profits, loss of business opportunities, business interruption, or loss of data, even if we have been advised of the possibility of such damages.

2. Product Use and Safety: You assume all responsibility for the choice and use of the products you purchase through ToolDrop. ToolDrop is not responsible for any loss, injury, or damage caused by your use (or misuse) of a product. Always use products strictly in accordance with the manufacturers’ instructions, warnings, and recommendations. We expressly disclaim any liability for personal injury or property damage resulting from inappropriate or unsafe use of products.

3. Limit on Liability Amount: In any case, ToolDrop’s total liability to you for any claim arising out of a product purchase is limited to the amount you paid for that product (excluding shipping). For example, if you purchase an item from our site and later assert a claim for damages arising from that item, our maximum liability will be capped at the price you paid for it.

4. “No Warranties” Disclaimer: Other than the statutory guarantees under ACL and any express supplier warranties, ToolDrop makes no further warranties or guarantees of any kind, either express or implied, regarding the products or the website. To the extent permitted by law, we exclude all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The website and all products and services are provided “as is” and “as available” without any guarantee that they will be error-free, accurate, or meet your requirements.

5. Permissible Exclusions: If certain liability exclusions or limitations are not allowed in your jurisdiction, some of the above limitations may not apply to you. In such cases, ToolDrop’s liability will be limited to the maximum extent permitted by applicable law. Nothing in these Terms excludes or limits any liability that cannot by law be limited or excluded (for example, liability under the ACL for a major failure of a product).

7. INTELLECTUAL PROPERTY
   All content and materials on the ToolDrop website – including text, product listings, graphics, logos, icons, images, audio clips, videos, software, and design elements – are the property of ToolDrop or our content licensors and are protected by intellectual property laws. You are authorised to use this content only for the purpose of accessing our services and for your own personal or internal business use in purchasing products. Specifically:

1. Limited Personal Use License: ToolDrop grants you a limited, non-exclusive, non-transferable license to access and make personal use of the website and its content. You may view, download, and print pages from the site for your own use (for example, for ordering or reference), provided you do not remove or alter any copyright, trademark, or other proprietary notices on the material. This license does not allow you to modify the content or use it for any commercial purpose (other than purchasing from ToolDrop).

2. No Unauthorised Exploitation: You must not copy, reproduce, redistribute, publicly display, sell, or otherwise exploit any portion of the website’s content for any public or commercial purpose without ToolDrop’s prior written consent. This includes scraping or aggregating our product listings or database, or using our photos and descriptions on another site.

3. Trademarks: The trademarks, service marks, and trade names displayed on the site (including the name “ToolDrop” and our logos) are proprietary to ToolDrop or belong to our suppliers or partners. You are not permitted to use any of these trademarks or trade dress without explicit permission from the rightful owner. ToolDrop’s name and logo may not be used in any way that confuses customers or disparages or misrepresents our brand.

4. Your Content and Feedback: If you post reviews, comments, or other content on our website or social media (where allowed), you retain ownership of your content, but you grant ToolDrop a license to use, reproduce, and display that content in connection with our business. We reserve the right to remove any user-generated content that violates any laws or these Terms. If you submit any feedback or suggestions to us, we may use them without obligation or compensation to you.

5. Any unauthorised use of our website or its content may violate copyright, trademark, and other laws, and could result in account termination or legal action.

8. PRIVACY AND DATA USE
   Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with the ToolDrop service are explained in our Privacy Policy (available on our website). Key points include:

1. Personal Information: When you use ToolDrop, we collect information needed to process your orders and provide services – for example, your name, billing and shipping address, email, phone number, and payment details. You agree that we may use this information to fulfill your orders and provide customer support.

2. Use of Third-Party Providers: Payments on our site are processed securely via Shopify Payments and PayPal, among other providers. ToolDrop does not receive or store your full credit card information; such details are handled by the third-party payment gateway in accordance with their security protocols. By making a purchase, you authorise ToolDrop to share the necessary payment information with these payment processors to complete the transaction.

3. Order Fulfillment: In order to fulfill your purchases, ToolDrop will share relevant personal details with third parties strictly on a need-to-know basis. This includes providing your name, address, and phone number to delivery companies (couriers or Australia Post) and, in some cases, to the product supplier or manufacturer that is dispatching the goods. We only share data with our partners as needed to deliver the service (for instance, giving your address to the courier, or your name and order info to a drop-ship supplier). These third parties are also expected to handle your data in compliance with privacy laws.

4. No Unwarranted Sharing: ToolDrop will not sell or rent your personal information to unrelated third parties for marketing. We may send you our own promotional emails or newsletters if you have consented, but you can opt out at any time.

5. Data Security: We implement reasonable security measures to protect your personal data. However, no online platform can guarantee 100% security. You acknowledge that you provide information at your own risk and should protect your account password and devices against unauthorised access.

6. Compliance with Law: ToolDrop operates in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth). For more details on how we handle personal data or to access/correct your information, please refer to our Privacy Policy or contact us. By using our website, you consent to the collection and use of your data as described herein and in our Privacy Policy.

9. MODIFICATIONS TO TERMS
   ToolDrop reserves the right to modify or update these Terms at any time. If we make material changes, we will post the revised Terms on our website and update the “Effective Date” at the top. Changes take effect immediately upon posting unless stated otherwise. It is your responsibility to review the Terms periodically for any updates. By continuing to use the website or our services after the new Terms are posted, you agree to the revised Terms. If you do not agree to a change, you must stop using the site and services. For significant changes that affect your rights or obligations, we may also attempt to notify registered users via email or a notice on the website, but official posting of the changes online is the definitive notice. ToolDrop may, in its sole discretion, also update other policies, features, or functionality of the service at any time.

10. DISPUTE RESOLUTION
    We are committed to working with our customers to resolve any issues. If you have a concern or dispute regarding ToolDrop’s services or products, please contact us first to attempt an informal resolution. In the event we cannot resolve a dispute amicably, you agree to the following process:

1. Mediation Before Litigation: Except for matters eligible for small claims court, any dispute, controversy or claim arising out of or relating to these Terms, or the breach thereof, shall first be submitted to mediation. The mediation will be conducted in Queensland, Australia, under the auspices of a neutral third-party mediator agreed upon by both you and ToolDrop (or, if we cannot agree, by a mediator appointed by the Queensland Law Society or an appropriate Australian mediation service). Both parties agree to participate in the mediation in good faith and share the costs of mediation equally (attorney fees, if any, remain each party’s responsibility).

2. Litigation: If the dispute has not been resolved through mediation within a reasonable time (for example, within 30 days from the start of mediation, unless extended by mutual agreement), either party may then initiate legal proceedings in an appropriate court as specified in Section 13 (Governing Law and Jurisdiction). Mandatory mediation as described above is a condition precedent to initiating court litigation (except for urgent injunctive relief).

3. Emergency Relief: Notwithstanding the foregoing, either party may seek interim or preliminary injunctive relief from a court to prevent immediate and irreparable harm, without first engaging in mediation, if applicable. This does not waive the requirement for mediation for the merits of the dispute.

4. Continued Performance: During the dispute resolution process, both parties shall continue to perform their remaining obligations under these Terms to the extent practicable.

We believe this process will help facilitate a fair and efficient resolution of any disagreements.

1. GOVERNING LAW AND JURISDICTION
   These Terms and your use of the ToolDrop website (and any contracts for purchase of goods through the site) are governed by the laws of the State of New South Wales, Australia, and the federal laws of Australia where applicable. This governing law applies without regard to conflict of law principles.
   In the event of a dispute that proceeds to court, you agree that such dispute will be subject to the exclusive jurisdiction of the courts of New South Wales. You consent to the personal jurisdiction of New South Wales courts and waive any objections on the basis of inconvenient forum or any similar grounds, to the extent such objections may be lawfully waived. If you are located outside Australia, you agree that you will initiate any legal disputes in the courts of New South Wales, Australia, which will have exclusive jurisdiction. (However, the foregoing shall not limit any consumer rights to pursue claims or remedies in other venues as permitted by applicable law, such as through a tribunal or small claims process if available and not waivable.)

2. GENERAL PROVISIONS
   Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed (removed) to the minimum extent necessary, and the remaining provisions will continue in full force and effect. In lieu of the severed provision, a valid provision that comes closest to the original intent and economic effect of these Terms shall be substituted, if possible.
   Entire Agreement: These Terms (along with any other policies or documents expressly incorporated by reference) represent the entire agreement between you and ToolDrop regarding your use of the website and purchase of products. They supersede any prior agreements, understandings, or communications between you and us, whether oral or written, relating to the subject matter. You acknowledge that you have not relied on any representation, warranty, or statement that is not expressly set out in these Terms.
   No Waiver: If ToolDrop fails to enforce any right or provision of these Terms, it shall not constitute a waiver of that right or provision. Any waiver of any provision by us on one occasion shall not imply or constitute a waiver of the same or any other provision on any other occasion. ToolDrop’s rights and remedies under these Terms remain cumulative and can be exercised concurrently or separately.
   Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Any attempt to assign without consent will be null and void. ToolDrop may assign or transfer its obligations under these Terms to a related entity or successor (for example, in the event of a company reorganisation or sale of the business) without notice to you, provided that the assignment will not reduce any consumer protections herein.
   Relationship: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and ToolDrop. You are accessing the site as an independent party and no ToolDrop employee or representative is authorised to make any representations on our behalf unless expressly stated.
   Survival: Any provisions of these Terms which by their nature should survive termination of your use of the website or any transaction (including, but not limited to, limitations of liability, disclaimers, and governing law) will remain in effect after such termination.

3. CONTACT INFORMATION
   If you have any questions, concerns, or feedback regarding these Terms or any aspect of your experience with ToolDrop, please contact us. You can reach ToolDrop’s customer support at support@tooldrop.au or by phone at 0412 259 254 during normal business hours. Our mailing address is: ToolDrop Pty Ltd, 3/1-2 Cox Drive, Tweed Heads South, New South Wales, Australia. We value our customers and will do our best to address your inquiry promptly.

4. ACKNOWLEDGMENT AND ACCEPTANCE
   By using the ToolDrop website, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to these Terms and Conditions. You indicate your acceptance of these Terms (and any updates thereto) by continuing to use the website or by clicking “I Agree” (or a similar consent mechanism) when this option is presented to you during checkout or account registration. You agree that such electronic acceptance is as legally binding as a handwritten signature. If you do not accept these Terms, you must refrain from using the site or making any purchases. By accepting these Terms, you confirm that this is a legally enforceable agreement. ToolDrop recommends that you save or print a copy of these Terms for your records. Thank you for shopping with ToolDrop!