Terms & Conditions

In these Terms and Conditions, "Funtastic" or "we" or "us" means Funtastic Limited (ACN 063 886 199) of Level 2, Tower 2, Chadstone Place, 1341 Dandenong Road, Chadstone, Victoria, Australia and its subsidiaries, and "you" means you, the customer.

These Terms and Conditions govern your use of this website and your purchase of any Products. By accessing and using this website (including by placing an Order) you agree to be bound by and abide by these Terms and Conditions.

Where we sell

We only sell Products to customers in Australia on this website. We do not deliver outside of Australia.

Licence to use this site

Unless otherwise indicated, we own the copyright and all other intellectual property rights in the text, graphics, videos, information, designs, data and other content (Content) on this website. Funtastic grants you a limited licence to access, browse and print the Content for non-commercial, personal use but you must not modify it, or any portion of it, without our written consent. This licence does not include the right to resell the Products, nor does it grant you the right to use, copy or reproduce any part of this website or the Content for any commercial purpose or to systematically download or scrape the Content. This means that no part of this website or the Content may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. Your licence will be terminated if you commit any unauthorised use of this website or the Content. You may not reproduce any Content on YouTube or any other website (including social media websites) without our prior written consent.

You must be over 18 to buy from us

You must not place an Order on this website if you are under the age of 18. If you are under 18 years of age, you may purchase from this website only with involvement of a parent or guardian.

Order and supply of your Products

Once you have placed your Order, you will receive an email containing a tax invoice for the Products you have ordered and confirmation that your Order is being processed.

Before your Order is shipped, we will verify your payment details to prevent any credit card or payment fraud from occurring. If your payment details are not validated, we reserve the right, in our sole discretion to cancel your Order. For more details on our fraud protection and prevention procedures, see below.

We reserve the right to accept or reject your Order for any reason at any time. If we reject your Order, you will receive a refund of any money paid.

Payment methods and procedure

We accept payments made by PayPal or credit card (Visa and MasterCard only) for orders placed on this website – PayPal is not available for telephone orders. We do not accept credit cards issued by banks outside of Australia. We begin processing payments once you submit your Order and we have received all of the information we need to process the Order. Orders placed on a weekend or a public holiday will not begin payment processing until the next business day.

You may also have the option of paying the price in instalments. If you choose that payment option, you will need to enter into a credit contract with our partner, Openpay Pty Ltd – you can find their terms and conditions here.

You will receive a tax invoice with your Order confirmation. Make sure you keep a record of your tax invoice as this is your proof of purchase.

Prices

Except where noted otherwise, the purchase price displayed for each Product on this website is the full retail price for the Product (including GST), but excluding shipping costs. Shipping costs are shown separately and will be calculated based on the number and type of items you place in your shopping cart. We reserve the right to change the price of a Product without notice to you at any time prior to you placing an Order for that Product.

We reserve the right not to honour any incorrect prices displayed on the website. If your Order is affected by an obvious pricing error on the website, we may reject the affected part of your Order and refund to you any amount paid for the relevant Products.

Availability of Products

We may withdraw a Product from sale, either temporarily or permanently, at any time.

If a Product you Order is out of stock or temporarily unavailable we will contact you and give you the option of receiving the Product when it becomes available or requesting a refund.

Delivery of your products

We estimate that your Order will be delivered within the following timeframes:

NSW, VIC, SA:  5-7 Business Days*
QLD:                   8-10 Business Days*
WA, TAS, NT:    10-14 Business Days*

*Business Day means Monday to Friday (excluding public holidays) in the state where the delivery address is located.

Your Order confirmation will include an estimated delivery time. We make every effort to deliver your Products in accordance with this estimate, but we do not guarantee delivery within these timeframes and actual delivery times may be affected by changes in supply or circumstances beyond our control.

Where you have purchased a Product that is dispatched from our overseas warehouse, delivery time after payment processing may take up to six weeks. You will be advised of this before finalising your Order.

Unless otherwise agreed by us, we will deliver your Order to the address indicated on your Order confirmation. If no-one is home to accept delivery of your Products, our carrier will leave a card so you can pick up your Product from your local post office.

100% refund guarantee

We are so confident that you will love your Product that if, after using it for at least 45 days and no more than 60 days, you are not satisfied, we will refund the product price (including shipping) and pay the cost of posting it back to us. To qualify for this refund guarantee, you must have purchased the Product directly from us via this website or telephone. If you choose to return the Product before you’ve used it for at least 45 days we will still gladly refund your product price (excluding shipping) but the cost of posting it back to us is your responsibility. To request an exchange or to claim a refund, contact us.

Use and protection of your data

By placing an Order with us, you agree that we may store, process and use data collected from your Order for the purposes of processing it. You have the option of agreeing whether you authorise us to use such data (excluding your credit card details) in order to provide you with information from time to time on other Funtastic products you may be interested in purchasing.

Some of your personal information may be transferred, stored, processed or used overseas by us or by third party service providers. In these circumstances, you consent to the collection, use, storage and processing of your personal information in those countries, where it may be used for the purposes described in our Privacy Policy.

For more information on how we collect, store, use and disclose your personal information, please see our Privacy Policy.

Credit card fraud

We use Secure Sockets Layer (SSL) technology for our transactions with you; however we will not be responsible for any damage or loss (whether direct or indirect) suffered by you if your credit card is used in a fraudulent or unauthorised manner.

Procedures for preventing fraud

When you place your Order, we may contact you requesting further information to verify whether you are authorised to make the payment, such as a copy of your credit card and driver's licence for identification. If you do not provide the requested information within 14 days, your Order will be cancelled and your payment refunded. After we have verified your authority to make the payment, the information you provided for verification purposes will be destroyed unless we are required by law to retain the information or we have created a backup of the information in accordance with our standard backup procedures. These information requests are sent to help protect credit card and PayPal account holders from online fraud.

Links to other website

This website may contain links to third party sites over which we have no control. These Terms and Conditions do not apply to third party sites and you should review the terms and conditions of the applicable website before using that website.

We make no representations or warranties as to, and we are not responsible for, the accuracy or any other aspect of the information on any linked third party website. The inclusion of a link does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, goods or services referred to on it.

Links are provided for your convenience only. You acknowledge and agree that any access to and use of linked third party websites is at your own risk and that we are not responsible for any losses suffered by you or anyone else in connection with any link.

Consumer Warranties and Guarantees

Nothing in these Terms and Conditions excludes the application of any consumer warranties or guarantees that cannot legally be excluded. For more information on the consumer warranties and guarantees and your rights as a consumer, visit www.consumerlaw.gov.au.

To the extent that you acquire goods or services from us as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms and Conditions operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred by the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of this agreement to be void (Non-excludable Obligations).

Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on us are expressly excluded under these Terms and Conditions.

Liability

Your use of, and reliance on, this website (including all Content) is entirely at your own risk.

All information set out on our website (Information) is provided for general information purposes only and we make no warranty about the accuracy, completeness, reliability or

timeliness of the Information.

Except in relation to Non-excludable Obligations, we have no liability whatsoever to you (including because of our negligence) for any type of direct or indirect loss incurred by you or anyone else under or in connection with this website (including any Content), however incurred, including (without limitation) any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any direct, indirect, economic, special or consequential loss, harm, damage, cost or expense (including legal fees).

General

These Terms and Conditions together with your Order constitute the entire agreement between us for the supply of Products. This agreement cannot be varied unless we agree to vary it in writing or by email.

You may not assign any rights or obligations under these Terms and Conditions whether in whole or in part without our prior written consent. Any unauthorised assignment will be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure will in no way affect the right to later enforce such Term or Condition. A waiver of any provision or right under these Terms and Conditions must be in writing and signed by the party entitled to the benefit of that provision or right.

We reserve the right to change these Terms and Conditions of sale at any time without notice to you. You agree to be bound by the changed Terms and Conditions if you use this website after the Terms and Conditions have changed.

Governing law

These Terms and Conditions are governed by the laws of Victoria, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Queries?

We are here to help so if you have any questions, please contact our Customer Service Team on Free call +61 1800 244 543 or email info@funtastic.com.au.