Terms of service
Terms & Conditions
Last updated: July 2025
This website (www.tohen.com.au) is operated by Ominus Pty Ltd (ABN 77687659445), trading as Tohen the Label.
By accessing our website or purchasing from Tohen, you agree to the following Terms and Conditions. Please review them carefully. If you do not agree with any part of these Terms, we ask that you do not use this site or make a purchase.
We may update these Terms at any time. It is your responsibility to check for changes. Your continued use of the site implies your acceptance of any revised Terms.
1. Additional Terms
Some products may be subject to additional disclaimers, notices, or terms listed on the site from time to time. By purchasing a product, you agree to any applicable Additional Terms.
2. Pricing & Product Information
Prices and product details may change without notice. The price listed at checkout when you place your order is the applicable price.
We make every effort to ensure accuracy, but reserve the right to correct errors and cancel orders made with incorrect information.
Prices are shown in your local currency (as determined by your location) and may not include taxes or duties, which may be added at checkout where required by law.
3. Payment
Payment is required at the time of order, using the methods provided at checkout. You confirm that your payment details are correct and that you’re authorised to use them.
You are responsible for any applicable taxes or duties.
4. Delivery
We ship internationally. Shipping costs are included in product pricing unless stated otherwise.
Dispatch times are prompt, but delivery timeframes are estimates only. Customs delays and external factors may affect delivery.
You may be asked to provide identification or sign for your order. If delivery is unsuccessful after multiple attempts, or if the address provided is invalid, we may cancel the order. A refund will be issued minus shipping and handling costs.
We may ship orders in multiple deliveries. Delays in part of your order do not void the remainder.
5. Orders
Once submitted, orders cannot be modified or cancelled without written approval from us. If approved, any related costs are your responsibility.
We may decline or cancel orders at our discretion — including those suspected of being for unauthorised resale, duplication, or replication of our products.
6. Damaged Items
Please inspect your order upon arrival. If an item is damaged in transit, contact us within 7 days at Tohen with clear photos and your order number.
Failure to report transit damage within this period will be deemed acceptance of the item’s condition upon delivery.
7. Returns & Refunds
All returns are managed under our Returns Policy.
We reserve the right to decline returns or refunds if we believe the items were purchased for market research, replication, or unauthorised commercial use.
Your rights under the Australian Consumer Law remain unaffected.
8. Intellectual Property & Website Use
Unless otherwise stated, all content on the website including text, images, graphics, and logos is the property of Tohen or our licensors and is protected by intellectual property law.
You may use content for personal, non-commercial purposes only. You must not copy, reproduce, publish, or distribute any content without prior written consent.
You may not use the website or our products to create or promote imitation designs.
If you submit suggestions or feedback to us, they become our property, and you waive any rights to claim ownership or confidentiality.
9. Social Media Content Use
If you post content (images or videos) featuring our products and tag @tohen.au on Instagram, you grant us a royalty-free, worldwide, perpetual licence to use and share that content across our digital platforms, marketing campaigns, and promotional materials.
You also agree that we may use your name, likeness, or any identifiable features shown in the content, and that you have obtained the appropriate permissions from anyone else featured.
If you change your mind, contact us and we’ll make reasonable efforts to remove the content.
Gifted Items & Gifting Codes
When you use a gifting code to order products through our website, or when requesting or receiving gifted items from Tohen, you acknowledge and agree to the following:
We may collect and retain your contact details for communication purposes. You consent to us sharing this information with trusted third-party partners acting on our behalf.
You agree that you or any client you represent will clearly disclose the gifted nature of the product in any related content by using the #ad label, or any legally required equivalent.
By sharing content featuring gifted Tohen products, you grant us a royalty-free, perpetual, worldwide licence to use, reproduce, modify, publish, and distribute that content across our marketing platforms. This includes (but is not limited to) our website, social media, email campaigns, and paid advertising. If you later wish to have content removed, we’ll make reasonable efforts to do so wherever possible.
You also grant us the right to use your name, image, likeness, or any identifiable elements included in such content, and to authorise others to do the same on our behalf.
You confirm that you have secured all necessary permissions, rights, and approvals — including intellectual property rights and consent from any individuals featured — allowing us to use the content as described above.
11. Privacy
We collect and handle your personal data in accordance with our Privacy Policy. Please be aware that online transmissions are not always secure, and we cannot guarantee complete protection against interception.
12. Indemnity
You agree to indemnify and hold Tohen harmless against any loss, damage, cost, or expense including indirect or consequential loss that arises directly or indirectly from your breach of these Terms and Conditions, any Additional Terms, or your misuse of this website.
13. Limitation of Liability
To the extent allowed by law, we exclude all implied warranties not expressly stated.
Your rights under the Australian Consumer Law are protected, and where applicable, we will repair, replace, or refund products in accordance with those obligations.
We are not liable for indirect or consequential losses, including lost revenue or opportunity.
14. Governing Law
These Terms are governed by the laws of New South Wales, Australia, and disputes are subject to the non-exclusive jurisdiction of its courts.
15. Changes to Terms
We may update these Terms & Conditions at any time. Changes take effect once published on the website.
If any part of these Terms is found invalid, the rest remains in effect.
16. Contact Us
For questions about these Terms, email us at:
📩 contact@tohen.com.au