1. The Sites and their content are subject to copyright, and other intellectual property rights. These rights are owned by Funf and in the case of some material, a third party.
2. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on a Site, including audio and video excerpts, except with our prior consent.
3. Our Sites include registered trade marks, and other marks that are otherwise protected by law. You may not use our trade marks without our consent.
4. The Sites may contain links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites at your own risk.
5. Some of the products or services offered for sale or advertised, and information provided via the Sites may be from third parties, and not necessarily Funf. We may receive licence fees or commissions from third parties for products or services displayed or made available on the Sites or accessible through a link on the Sites. You acknowledge and consent to us receiving such fees.
3. Use of the Sites
You must not:
1. use the Sites (including any of Funf’s social media sites) for any activities, or post or transmit to or via the Sites any information or materials, which:
1. breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes
2. interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Sites
3. is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
2. use the Sites to send unsolicited commercial or bulk electronic messages;
3. make any fraudulent or speculative enquiries, reservations or requests using the Sites;
4. provide false information when registering or changing your registration details;
5. tamper with, hinder the operation of or make unauthorised modifications to the Sites
6. knowingly transmit any virus or other disabling feature to or via the Sites; or
7. attempt any of the above acts or permit another person to do any of the above acts.
4. Social media
1. Funf uses a number of social media sites (eg Twitter, YouTube, Facebook, Instagram and Pinterest); but these may change over time. We reserve the right to cease any such sites in our discretion. Our own Sites may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users.
3. Funf does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users or members on Sites or Funf’s social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views.
4. Users must not post or upload any comment, content or link to the Sites or Funf’s social media sites which does not comply with these Terms, including if it is defamatory, harassing, bullying, indecent or inflammatory.
5. Funf may moderate user-posted content and may remove any content that, in Funf’s opinion, is inappropriate. While we review content regularly, there may be times when inappropriate or content is viewable before it can be removed.
6. Funf does not undertake to inform users when such content has been moderated or removed. Funf may provide warnings, or otherwise block or suspend users or their accounts in our sole discretion.
7. Where you post or submit content to a Site, including as part of a competition or trade promotion, you warrant that you:
2. have the right to submit the content (including copyright); the content is your own original creation; and that you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968 (Cth)
8. Funf may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns involving Funf) at any time in the future, and via any media;
9. Funf does not accept any responsibility or liability where content is downloaded from the Sites, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and Funf does not accept any liability for such actions; and
1. Funf makes no representations or warranties of any kind, express or implied as to the operation of our Sites or the information, content, materials or products included on our Sites, except as otherwise provided under applicable laws.
2. Neither Funf, nor it’s directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages arising out of, or in relation to, the use of our Sites or sites linked to our Sites. This limitation applies to direct, indirect, consequential, special, punitive or other damages suffers, as well as damages for loss of profits, business interruption or the loss of data or information.
3. You assume all risk of use of all features of a Site. You release Funf of all responsibility for any consequences of their use.
4. By continuing to access our Sites you agree that your access to, and use of, them is subject to these terms and all applicable laws, and is at your own risk.
5. Our Sites and their contents are provided to you on “as is” basis; our Sites may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our Sites will always be available or fault- or virus- free.
7. Updates and termination
1. Funf may vary these Terms at any time. By continuing to use the Sites you consent to any variations. It is your responsibility to regularly check these Terms for any variations.
2. At any time, we may, in our sole discretion, suspend or terminate the access to the Sites for any user without notice for any reason, including but not limited to a breach of these Terms. Suspension or termination shall not affect either party’s rights or liabilities.
3. Funf may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Sites breaches these Terms, or any applicable laws.
4. Funf may identify or bring legal action against any person who is or may be breaching these Terms, including obtaining injunctive relief.
1. These Terms and the Sites are governed by and construed in accordance with the State of Victoria, Australia. If a dispute arises from these Terms, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, except in relation to application for any injunctive relief sought by Funf.
2. The Sites may be accessed in Australia and overseas. We make no representations that the Sites comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Sites.
Agent means a third party delivery or shipping company, determined by Funf, such as Australia Post or Toll.
Business Day means a day on which trading banks are open for the transaction of banking business in Victoria, Australia.
Delivery Address means the address to which the Items are to be delivered as stated on the Order. No delivery to PO Boxes.
Delivery Fee means the fee charged for the delivery of Items.
Gift Voucher means an online eBoutique gift voucher, to the value of a nominated amount.
Items means the items or products offered for sale described or displayed on the Site.
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Items from Funf under these Terms.
Personal Information has the meaning in the Privacy Act 1988 (Cth).
Price means the purchase price of each Item as specified on the Site (which may include any applicable tax or duty, such as GST, if applicable.
Site includes the sites available from www.funf.com.au, or any other websites or apps maintained by or for Funf.
Site Terms means the terms governing your use of the Site.
We, Us, Our, and Funf means Funf and, where relevant, our Australian and international related bodies corporate.
You and Your means you as the purchaser of Items under these Terms.
2. These Terms
1. You will be bound by these Terms when you submit an Order via the Site. Each Order you place is a separate contract between you and Funf. An Order submitted by you is an offer by you to purchase Items for the Price (plus any Delivery Fee).
2. You acknowledge that all Orders are for Items intended for personal and non-commercial use only, and that quantity restrictions may be applied by Funf from time to time.
3. In completing the Order form, you agree to provide complete and accurate personal details (or those of the recipient of gifts) to enable the processing and delivery of your Order. This information will also be used by the Agent to deliver your Order. You also agree to obtain consent to provide Funf with personal details of recipients of gifts Ordered by you.
4. From time to time, we may restrict the quantity of Items which can be purchased in one Order, or during a particular time period, or per person, or per address. Any quantity restrictions will be stated on the product page, in promotional materials or otherwise advised to you.
5. Funf will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Items to you (or your nominated recipient) as a result of inaccurate or incomplete personal details provided in an Order by you.
6. You may Order from Funf if you are aged 16 years or over, have an active email account and a telephone number at which you can be contacted.
7. Once you submit your Order, cancellations of your Order or changes to the Items in your Order cannot be made, unless by agreement with Funf or otherwise under these Terms. However, you can return Items under the Returns Policy. You should check your Order carefully before submitting it.
1. When we accept an Order, it constitutes an agreement by Funf to supply the Items under these Terms. However, Funf reserves the right to reject your Order later for any reason, at any time.
2. If we reject an Order, we will notify you of the reason for rejection via email or phone as soon as reasonably practicable. Funf will not be liable to you for your loss or that of any third party for the rejection of an Order. If we reject an Order and your payment for the Items has already been processed, we will refund any money paid to us in respect of that Order.
4. Availability of Items
1. From time to time, some Items on the Site may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the relevant Items.
2. We may withdraw or suspend from sale any Item displayed on the Site, either temporarily or permanently, at any time. Funf is not liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Item. Where an Item which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Item has already been processed, we will refund any money paid to us.
3. If your Order is affected by a genuine error (including in a description, image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
4. You acknowledge and agree that:
1. all pictures and images of Items displayed are for illustrative purposes only;
2. any accessory featured with an Item is for illustrative purposes only, and may be sold separately; and
3. where we provide dimensions and measurements in the description of an Item, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Item is suitable for your purpose prior to submitting your Order.
5. Price and payment
1. When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
2. See our Shipping Information for an explanation of any taxes, including GST, VAT, Import fees, or other duties which might apply to your purchase.
3. Funf reserves the right to change or alter Prices of Items on the Site without notice to you. If you have already submitted an Order at a particular Price, there will be no change or alteration to that Price (provided your Order is not affected by a pricing error, in which case clause 4.4 will apply).
4. You can pay for your Items by any of the methods specified on the Order form on the Site, including credit card and Pay Pal. The name on the credit card used for the payment must match the name on the Order.
5. Any payment for an Order must be cleared by Funf before Items are despatched. If your payment cannot be processed, your Order will be rejected under clause 3. If a credit card payment cannot be processed you should contact your card issuer first to try to resolve the problem, or use an alternative payment method.
6. In paying or attempting to pay for Items, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
1. Funf uses Agents to deliver your Items. You agree that your details, including your Delivery Address, will be supplied to the Agent for the purpose of delivering your Items.
2. For specific information about Delivery Fees, timing estimates for delivery, and excluded locations, please see the shipping information.
3. Notwithstanding the delivery times stated in the shipping information:
1. Funf cannot guarantee that delivery will occur in the delivery time frames; and
2. Funf is not liable for any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
4. During major sales events, Orders may experience delivery delays.
5. Delivery of Items will take place at the Delivery Address specified by you in the Order.
6. If you are not personally available to accept delivery, you may appoint a representative to accept delivery in your place. The representative must be over 16 years of age and capable of receiving delivery on your behalf. You agree that we will be entitled to rely on your representative’s instructions as if they were your own.
7. On delivery, the Agent may require you or your representative to provide them with proof of identity, such as photo ID. Funf may not make delivery of the Items if the person receiving the Items is unable or unwilling to provide satisfactory evidence of proof of identity.
8. You or your representative may be required to sign a delivery form to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay additional Delivery Fees.
9. Once delivered, you must inspect the Items and ensure the Items delivered match your Order. You must let us know about any damaged, missing and incorrect Items as soon as possible by contacting email@example.com.
7. Order cancellations and Returns
1. Unless provided for under these Terms, you cannot cancel or change an order unless agreed to by Funf. You should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Items under the Returns Policy.
2. Delivery Fees will not be refunded if you return Items for change of mind or if you made an incorrect selection, including if you ordered the incorrect size, colour etc.
3. Items can only be returned under these Terms and under the Returns Policy. The Returns Policy forms a part of these Terms.
4. If Funf processes a refund under these Terms, we will use reasonable endeavours to process the refund as soon as practicable. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Funf is not liable for any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
8. Promotions and Discounts
1. You may receive online offers and promotions, whether mailed to your home or emailed to you, which include a promotional or coupon code for use when shopping on our Site. It is your responsibility to ensure the Code is valid, and that you enter the Code at the time of placing an Order. We cannot apply the Code after you have submitted your Order. Separate terms may apply to the use of the Code. Please read these carefully to make sure they apply to your purchase from Funf. Any Code is non-transferable and may not be used in conjunction with other offers.
2. All references to times in promotions are based on the local time in Victoria, Australia, unless stated otherwise.
9. Gift Vouchers
1. Gift Vouchers are not redeemable for cash and cannot be exchanged.
2. Gift Vouchers expire 24 months from the issue date, which is the date on which Funf issued the Gift Voucher and not the date you received the Gift Voucher. Any unused amount after the expiry date of the Gift Voucher will not be refunded or credited.
11. Risk & Liability
1. Risk and title in the Items passes to you on the date and time of delivery of the Items to the Agent.
2. Our Items come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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.
3. Funf may provide an additional warranty in addition to your Consumer Law rights and remedies. Any warranties given by Funf provide you with benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.
4. Funf excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
5. You represent and warrant to Funf that Funf will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
6. Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
1. Funf reserves the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Site. The Terms which apply at the time of Order are those that govern your relationship with Funf with respect to that Order.
2. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
3. A failure or delay by Funf to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Funf does not preclude its future exercise or the exercise of any power or right.
4. The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Victoria, Australia.