Terms and Conditions
These terms and conditions govern the use of funkyfabrix.com.au and the purchase of any goods from it. Please read them carefully.
If you need any clarification of these terms and conditions, please contact our customer service team at mail@funkyfabrix.com.au
By accessing, browsing or using this website you acknowledge and agree to be bound by these terms and conditions. Funky Fabrix reserves the right to amend or update the terms and conditions at any time without providing notice to you.
Disclaimer
The information and ideas contained on the website are provided in good faith and, to the best of Funky Fabrix' knowledge, are accurate and current. However, Funky Fabrix does not make any representation or warranty as to the accuracy or completeness of that information or those ideas (including any information or ideas provided to this website by third party suppliers).
Copyright
Copyright in this website is owned by Funky Fabrix. Material or information on the website comprises copyright material, trademarks and registered trademarks (“intellectual property rights”) which are the property of Funky Fabrix and third parties. Those intellectual property rights may only be used by you for the purposes of browsing the website and acquiring goods and services from it.
Product information and pricing
Prices of goods and services and delivery fees displayed on the website are current at the time of display.
Placing orders
Orders will not be despatched until payment in full has been received. You agree to provide Funky Fabrix with current, complete and accurate information (including your name, address, phone number email address and credit card number (where applicable)) when placing an order. Should you enter the wrong address, we will not re-send the order to the correct address at our expense.
Placement of an order by you constitutes an offer to enter into an agreement with us. We will email you an order confirmation for the sole purpose of confirming the details of your offer. Please note that our order confirmation does not constitute an acceptance of your offer.
Once orders have been placed and paid for in full, they cannot be cancelled or amended. Payment constitutes agreement of these terms.
Cancelling orders
We reserve the right to cancel orders at our sole discretion at any time. In those circumstances, we will not be held liable for any loss or damage incurred by you arising out of in connection with the exercise of these rights.
Delivery
We will provide you with an estimated date for delivery of all goods. Whilst we make every effort to deliver by this time, all dates specified are estimates only. If an order does not arrive by the due date, we will lodge enquiries with the courier to ensure that delivery occurs as soon as possible.
We will not be held liable for any loss or damage resulting from late delivery. You acknowledge and agree that late delivery does not constitute a breach by us of our agreement and does not entitle you to cancel an order.
Please note that if an item has been lost in transit, we will not despatch a replacement item or refund. We will place an enquiry with Australia Post and they may choose to offer compensation at their discretion. We highly recommend registered/trackable post (which is a trackable bag or courier).
Should you wish to pay for trackable post all order deliveries are covered by full replacement cost through the Australia Post system. We will refund in full if an order is lost in transit where registered/trackable post is chosen (based on the outcome of the Australia Post investigation). Refund will be forwarded once the claim is approved and paid for by Australia Post.
We will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Returns and Exchanges
Should your goods arrive and are found to be defective or damaged, please contact us within 2 days of receiving your order. We will organise to send you a stamped, return envelope. Please return the goods to us within 7 days of receiving your return information.
All returned products must be:
- unused, and in original condition (that is, not cut, washed or used in any way);
- undamaged;
- returned within [14] days of delivery
Privacy
All information suppied to Funky Fabrix will be solely used to dispatch your order and to contact you with reference to your order. Your information will never be supplied to a third party unless required by Law.
Indemnity
You agree to indemnify Funky Fabrix against any and all claims, loss or damage (including without limitation any claims by third parties) that it may incur arising out of or in connection with a breach of this agreement by you or any user of your account, your use of this website or the placement or transmission of any information on this website by you or any users of your account. Limitation of Liability
Funky Fabrix maximum liability in connection with any goods or services supplied to you will, to the maximum extent permitted by law, be limited to:
- in respect of goods, the replacement or repair of the goods, the supply of equivalent goods, the cost of replacing or repairing the goods or the cost of obtaining equivalent goods; and
- in respect of services, the re-supply of the services or the cost of re-supplying the services.
Funky Fabrix will not be liable for any indirect, special or consequential damage including (but not limited to):
- any loss of use, profits, data or other intangibles, damage to goodwill or reputation arising out of or in connection with the use, inability to use, performance of failure of this website; or
- damages for product liability, personal injury or negligence resulting from the use of goods or services supplied to you, or on behalf of you, through the website.
Applicable Law
These terms and conditions are governed by the laws of Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.