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 make any deliveries outside of Australia.
Products are also available in Australia, Europe, Asia, North America, Latin America and the Middle East through our network of authorised stockists. Please contact us for details of your nearest stockist.
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 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 the express written consent of Funtastic. 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 the prior written consent of Funtastic.
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. We sell products for children, but we sell them to adults, who can purchase them with a credit card or other permitted payment method. 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, the following things will happen:
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
Funtastic currently accepts payments made by PayPal or credit card (Visa and MasterCard only). We are unable to 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 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.
Except where noted otherwise, the purchase price displayed for each Product on our website is the full retail price for the Product itself (including GST, but excluding shipping costs). Shipping costs are shown separately and will be calculated based on how many and what 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
Estimated delivery times:
VIC, TAS, NSW 3-5 Business Days
NT, QLD, WA, SA 5-7 Business Days
We estimate that your Order will be delivered within the timeframes specified above. 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 three 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.
Exchanges and refunds
If you receive a Product that you are unhappy with for whatever reason, simply request an exchange or refund and return the Product to Funtastic in the condition that you received it and we will exchange it or refund you the purchase price. To request an exchange or to claim a refund, download and complete our Exchanges and Refunds Form or contact us. This form will provide you with the step by step instructions you need to follow in order for you to exchange your product, or claim a refund.
Subject to any Non-Excludable Obligations (see below), exchanges and refunds of full priced items must be requested within 14 days from the date of delivery.
Subject to any Non-Excludable Obligations (see below), we do not refund sale items, but we will happily exchange them. Exchanges of sale items must be requested within 14 days from the date of delivery.
If you claim a refund, it will be processed within 30 days of us receiving the returned Product. If you have requested an exchange, the delivery time for the replacement Product will be the same as stated for the original Product.
Cost of return delivery
If you receive Products that are damaged, defective or if the incorrect item is delivered to you, we will cover the cost of the return delivery as well as the cost of shipping the replacement Product back to you (if you have asked for an exchange). If you would like to return a Product because you have changed your mind about it, for example you are not happy with the way it looks or the way it works, then you must pay for the cost of returning the item to us.
Use and protection of your data
By placing an Order with Funtastic, 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.
Credit card fraud
Funtastic uses 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 a customer whose credit card is fraudulently used or is used in an 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 10 Business 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 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.
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).
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 the prior written consent of Funtastic. 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.
Funtastic reserves 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.
Capitalised terms in these Terms and Conditions have the following definitions:
“Business Day” means: (i) in relation to the day on which a Product may be delivered, Monday to Friday (excluding public holidays) in the state in which the delivery address is located; and (ii) in all other cases, Monday to Friday (excluding public holidays) in Melbourne, Australia.
“Order” means an order you place to purchase a Product via this website. https://shop.thechillfactor.com.au/
“Products” mean the products we sell from time to time via this website. https://shop.thechillfactor.com.au/
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.
We are here to help so if you have any questions, please contact our Customer Service Team on Freecall +61 1800 244 543 or email email@example.com.