Fish Pen

Please note, that the below terms are set out for retail customers, if you are a Fundraiser or Wholesale Account, please click on the buttons below to view your Terms & Conditions, these will require a log.

To apply for wholesale pricing, please fill out the registration form here it doesn't take long and we are pretty quick to review and let you know the outcome.

 

 

Terms & Conditions Retail Customers

Welcome to our website at Fun Gift Co Pty Ltd.

The term Fun Gift Co Pty Ltd or us or we refers to the owner of the website whose registered office is 1, 52 Winton Road, Joondalup WA 6027. Our ABN is 19 669 538 621. The term ‘you’ refers to the user or viewer of our website.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern our relationship with you in relation to this website.

If you disagree with any part of these terms and conditions, please contact us at [email protected] for further clarity.

1. Using the Website

     1.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with the Terms.  You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner.

     1.2 Permission is granted to display, copy, distribute, download, and print in hard copy portions of the Website content solely for the proper and reasonable purposes of:

         (a) placing an order with us; and

         (b) using the Website as a shopping resource, provided that:

                  (a) you do not modify the Website;

                  (b) we retain all copyright; and

                  (c) you otherwise adhere to these Terms.

     1.3 Any costs associated with downloading, installing, accessing and using the Website remain your responsibility and are dependent on the service provider used. You also understand that we cannot and do not guarantee or warrant that the Website or any material available for download via the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements

     1.4 You acknowledge and agree that:

          (a) we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and

          (b) the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes) ; and

          (c) we may revise or amend these Terms at any time in our absolute discretion by posting revised terms and by continuing to use the Website after any revision becomes effective, you agree to be bound by the revised Terms; and

          (d) in the event that any portion of these Terms is found to be unenforceable, the remainder of the Terms remain in full force and effect.

2. Prohibited Conduct

     2.1 You must not, without our prior written permission, exploit any of our materials for commercial purposes or other purposes that are not expressly permitted under these Terms.

     2.2 You are not authorised to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from contents or material contained on the Website, including but not limited to text, graphics, images, logos and icons, without the prior written permission of us and any other owner of rights in the material that you access via the Website.

     2.3 You must not:

          (a) use any robot, spider, scraping device, deep link or any other automatic tool or algorithm or any manual process that performs the same function;

          (b) decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Website to a human perceivable form;

          (c) distribute or republish any element of the Website in any way;

          (d) resell, rent, lease or lend any element of the Website;

          (e) defeat, disable or circumvent any security feature of the Website; or

          (f) transfer any element of the Website to any third party.

      2.4 You must not upload, post, transmit or otherwise make available through the Website any material which: 

          (a) violates or infringes the rights of others (including their privacy and intellectual property rights); 

          (b) is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

          (c) encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the Website;

          (d) affects the functionality or operation of the Website or its servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly);

          (e) breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require us to take remedial action under any applicable industry code; or

          (f) solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses.

3. Website Contents, Ownership and Intellectual Property Rights

     3.1 The material on this Website is protected by all applicable laws including copyright and trade mark laws under the laws of Australia and other countries through international treaties.

     3.2 No trademark (whether registered or otherwise), that is contained on this Website or otherwise used by us, may be used without our prior, specific, written permission or that of the trademark owner.

     3.3 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.

     3.4 By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

     3.5 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.  You represent and warrant to us that you have all necessary rights to grant the licences and consents. The licence will survive any termination of these Terms. 

4. Third Party Websites

     4.1 The Website may contain information from or hyperlinks and other pointers to internet websites operated by third parties.  Such information or websites are not under the control of Fun Gift Co and we are not responsible for the contents of any such information or website. We provide such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement by us of the linked website. You rely on such information or websites entirely at your own risk.

     4.2 The Website may contain content added by third parties. We do not endorse, sponsor or approve any such user generated content.  You rely on information added by third parties entirely at your own risk.

     4.3 The Website may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with any social media links, applications or features on the Website. The Website is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

5. No Representation or Warranty

     5.1 We and our related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the Website. 

     5.2 To the extent permitted by law, we expressly disclaims all warranties of any kind, whether express or implied.

6. Limitation and Disclaimer of Liability

     6.1 To the full extent permitted by law, we will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:

          (a) the use, copying, or display of the contents of the Website;

          (b) goods or services supplied by us under these Terms; or

          (c) a failure or omission on the our part to comply with its obligations under these Terms.

     6.2 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.

7. Indemnity

     You agree to indemnify and will keep Fun Gift Co (and its related bodies corporate, personnel, servants and agents) indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Fun Gift Co (or its related bodies corporate, personnel, servants and agents) in connection with your use of the Website, your breach of these Terms or your breach of any rights of third parties.

8. Privacy

     8.1 We collect, use, hold and disclose personal information in accordance with our Privacy Policy. 

     8.2 Through interaction with the Website, we will receive and store information that you provide or that is generated by your actions. For example, like many websites, we use "cookies" and other technologies, to collect information. This information is generally not linked to the identity of visitors, except where the Website is accessed via links in an email or another electronic message we have sent or where we are able to uniquely identify the device or user accessing the Website, such as when you are logged into an account.

     8.3 We may use this information for purposes including but not limited to understanding and measure your online experiences, determine what products, promotions and services are likely to be of interest to you, and to provide you with relevant marketing materials when you visit third party websites. 

     8.4 You can generally set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. To learn more about cookies and how to specify your preferences, you can search for "cookie" in the "Help" (or similar) portion of your browser.

8.5 If you are purchasing goods is part of an “Online Fundraising Stall”, your name and contact details will be shared with the organiser for distributions purposes, should you choose to have your order sent to your home address, then only your name and purchase amount figure will be shared with the organiser.

For further information, please check our Privacy Policy.

9. General

     9.1 We control and operate the Website from our office within Perth, Australia.  These Terms are governed by the laws of Western Australia and each party submits to the jurisdiction of the courts of Western Australia.  If you choose to access this Website from another location, you are responsible for compliance with applicable local laws.

     9.2 All prices are shown in Australian dollars (AUD) on www.fungiftco.com.au

     9.3 We are providing the Website on an 'as is' and ‘as available’ basis and use of it is at your own risk.

     9.4 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

Buying products through our Website                

10. Creating an Account

     10.1 You do not need to register a user account to access and browse the Website. However, in order to use some parts of the Website, you may be required to register an account in the manner set out on the Website (each an “Account”). We reserve the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision by us is final and no correspondence will be entered into.

     10.2 All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to make a purchase via the Website or otherwise where indicated. You must never use another person’s Account without their permission.

     10.3 You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify us when you desire to cancel your Account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

     10.4 We retain the right and absolute discretion to terminate your Account and/or access to the Website (or any element thereof) if it believes that you are abusing or tampering with the Website (or any element thereof) in any way, that you have breached these Terms, or that you have engaged in any unlawful conduct or other misconduct calculated to jeopardise the proper administration of the Website (or any element thereof). Our legal rights to recover damages or other compensation from such an offender are reserved.

     10.5 The use of any automated software or any other mechanical or electronic means allowing users to create Accounts is prohibited. We reserve the right to suspend or terminate your Account if it believes you are engaging in such activity.

11.  Warranty by You

     11.1 You warrant that:

          (a) all information and data provided by you to us through the Website or otherwise is current, correct and complete;

          (b) if you purchase goods via the Website, the person receiving the goods at the delivery address is authorised by you to do so; and

          (c) you have and will comply with all applicable laws relating to your use of the Website and your placement of any order with us via the Website.

12. Ordering Goods

     12.1 You may purchase items offered for sale on the Website (“goods”), through our ordering system by selecting and placing your request to purchase goods from us in accordance with these Terms (“order”) and as directed on the Website.

     12.2 Any order placed by you in the manner described in the Website is an offer by you to purchase a particular product or service for the price (including the delivery fee and other charges) specified on the Website at the time you place your order.

     12.3 When you place an order, we will charge you and you agree to pay the purchase price and any applicable delivery fee.  You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you.  If the goods have been dispatched then you will need to return the goods in accordance with our returns policy detailed clauses 14 and 15 of these Terms.  To cancel an order please contact us via our contact us page.

     12.4 We reserve the right to alter the prices published on the Website at any time. Prices of products placed in the 'basket' but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this Website, we are not responsible for any error and reserve the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on the Website, or an error in your order. We may require additional verification or information before accepting any order. 

     12.5 If we reject your order, we will endeavour to notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for the products, you will receive a full refund.

     12.6 You warrant that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the credit or debit card used to place your order and that your nominated credit or debit card will cover the full cost of the products.  If your order is accepted by us, you authorise us to debit the amount that is payable for your order from your nominated payment method to pay for the purchase price of the products and any applicable fees and charges.  If we are unable to successfully process your payment for your order, we may notify you of dishonour and cancel your order.

13. Product Price and Availability

     13.1 All prices are inclusive of GST unless otherwise specified. Prices displayed on the Website are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers. We reserve the right to contact you at the time you place the order or within a reasonable time thereafter if we have any concern about the quantity of products you have purchased. You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

14. Delivery and Returns

     14.1 You must pay a fee for the delivery of goods (“delivery fee”). For purchases made at fungiftco.com.au we charge a standard delivery fee for delivery within Australia at a flat rate of $9.90 for orders with a total purchase price under $150.00. Delivery within Australia for orders with a total purchase price over $150.00 is free of charge. Free shipping in Australia for orders over $150.00. A special delivery fee may apply for certain goods like coloured hair spray and perfume. We will notify you of any change to the delivery fee for your order and if you do not wish to continue with your order, you may cancel your order, and we will refund any payment made by you.

**Standard Shipping for $9.90 AUD. Whilst most standard deliveries are received within 3-5 days, please allow up to 7 business days, depending upon the time of purchase and your delivery address.

***Express Shipping for $14.90 AUD. Whilst most express deliveries are received within 1-2 days, please allow up to 4 business days, depending upon the time of purchase and your delivery address.

** Free shipping in Australia for orders over $150 excludes orders that contain Coloured Hairspray or Perfumes, this is due to the “Dangerous Goods” surcharge from our courier. This will be displayed at the checkout.

Please note: All orders are dispatched from our Warehouse in Perth, WA, Australia. During sale and holiday periods, delivery may take longer than the estimated timeframes above. If you live in remote rural areas, you may need to allow a few extra days for postage.

If you have any questions about delivery, please contact us [email protected]

     14.2 We will determine how your order is shipped to you at our absolute discretion.  Our preferred delivery method is Australia Post’s Parcel Post service or Startrack Couriers. Your parcel should reach you within 3-7 business days. Deliveries to regional areas may take longer. If you have not received your parcel within 7 business days of dispatch, please contact us via [email protected]

     14.3 We cannot guarantee that delivery will occur in the delivery time frame contained in these terms.  We are not liable for any loss, damage, cost, expense or injury you or any third party suffers as a result of a delay in delivery.

     14.4 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.

     14.5 Delivery of goods will take place at the delivery address specified by you in the order.

     14.6 You may be required to sign for delivery.  If there is no one available at the delivery address to accept delivery, or there is limited access to the delivery address or it is unsafe or impractical to make delivery or for any other reason delivery cannot take place, a calling card may be left for you to collect the goods from your local Post office or our selected couriers depot. It is your responsibility to follow the instructions stated on the calling card.  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 an additional delivery fee.

     14.7 In the event that we have posted your item to the delivery address specified by you in the order and the item is returned as non -deliverable or not collected within the courier's specified timeframe, we will contact you to advise that your order has been returned to sender. We reserve the right to pass the additional cost for the parcel return, plus the cost of reshipping to you.  If you decide to cancel your order, the costs of the parcel return plus the original cost of shipping will be deducted from any applicable refund.

     14.8 Once delivered, you must inspect and test the goods and ensure the goods delivered match your order. You must let us know about any damaged, missing and incorrect goods as soon as possible by contacting us via our contact us page.

     14.9 You must take care when handling and opening the order so as not to damage it, particularly when using any sharp instruments.

     14.10 Insurance is not available. 

International Delivery

     14.11 We do not currently offer international delivery.

15. Return Policy

     15.1 Our goods 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 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.

     15.2 Your rights under the Australian Consumer Law are not impacted by our Terms or limited by a defined timeframe.  However the Australian Consumer Law does recognise that the relevant time period may vary by product (or service) depending on the nature of the goods (or service), the price paid and any representations made about the goods (or service).

     15.3 We would like you to be satisfied with every order you place. If you have received an item that you are not 100% happy with, please request a return by lodging it through our ‘Resolution Center’

     15.4 We may offer you a refund or exchange providing the merchandise:

          (a) is returned in reasonable time from delivery;

          (b) is in saleable condition; and

          (c) is unused with all original packaging and tags attached.

     In most cases a reasonable amount of time is deemed to be 14 calendar days from the date the goods are delivered.

     15.5 Where an item is damaged through misuse or abnormal use, Fun Gift Co will not provide a refund, exchange or repair.

     15.6 Any items replaced under this Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge and we will arrange the collection of the merchandise or pay for the cost of returning the merchandise to us.

     15.7 Refunds for all purchased will be given using your original payment method.

     15.8 Fun Gift Co only accepts returns purchased from www.fungiftco.com.au on-line store. If you have purchased a Fun Gift Co product from another retailer, please contact that retailer directly.

     15.9 "Change of mind" returns will be accepted in the provision the item is returned at your own postage cost in a saleable condition, in its original packaging. It is recommended you package the item carefully as "change of mind" items damaged in transit returning to Fun Gift Co cannot be refunded.

     15.10 If you have any questions or need help with your return, please contact us via our email [email protected]

16. Title and risk

     Title to the goods purchased from us via the Website does not pass from us to you until all money (including money owing in respect of other transactions) due and payable by you has been received by us in full. All risk in the goods passes to you upon delivery to your address.

17. Termination

     These Terms terminate automatically if, for any reason, we cease to operate the Website.  Your ability to use the Website and / or purchase goods from us may be terminated by us at any time without notice. All rights granted by you and limitations of our liability will survive termination.

This privacy policy sets out how we uses and protects any information that you give us when you use this website.

We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

What we collect

We may collect the following information:

• name and job title
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.