Privacy Policy & Online Shopping Terms & Conditions

ONLINE SHOP TERMS

Fun Party Food | ABN 39 137 558 644. PO Box 848, Narellan  NSW  2567

The following Terms, together with our Privacy Policy , Voucher Terms and Website Use Terms apply to your access to and use of our online shop and the supply of goods ordered via our shop. By ordering goods from our online shop, you acknowledge that you have read, understood and agree to be bound by these Terms and the other documents referred to.

 

While you should ensure you are comfortable with all our Terms, here are some quick links to key sections:

 

Delivery/Shipping & Returns

Buyers

You may buy goods offered online by us by completing the order form available on our website. To buy goods via our website, you must be at least 18 years of age.  By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.

You agree to deal with us in good faith and in compliance with all applicable laws.  We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged.  If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.

Orders

You must register with our website to be able to make purchases from our online store.  Once you submit an order, you cannot cancel it.  All orders are subject to acceptance by us, at our discretion.

Special offers

We may provide special offers in relation to our goods from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to goods you ordered in good faith in accordance with these Terms before the special offer was terminated.

Prices

All prices are in Australian dollars. Prices include GST unless indicated otherwise and delivery is calculated at checkout, unless stated otherwise.  All prices are subject to change without notice. 

Payment

The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. Delivery will commence once payment has been processed/validated. We accept payment by Visa, MasterCard, American Express and PayPal. Credit card details are processed using at least SSL 128 bit encryption and are not stored by us.

Large transactions may involve additional screening and we will require confirmation on key details before we proceed to fill the order. In this event, we will contact you. In some cases this may delay your order by a short period.

Errors

From time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available.  Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged.  If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.


Availability

All goods are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged.  If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.

Delivery/Shipping
We ship within Australia only. Freight charges are calculated at checkout unless stated otherwise, on the rare occasion we may not be able to send large bulky items to remote areas of Australia and we will notify you via email or phone with a solution. It is your obligation to enter the correct delivery address details at the time of ordering. Large items may need to be couriered and we cannot courier to PO Boxes

We use all reasonable efforts to dispatch orders within 2 business days of the purchase date. Most Australian orders should arrive within 7 business days after dispatch depending on the destination. It is your responsibility to inform us promptly if an order does not arrive either by emailing hello@funpartyfood.com.au or calling 1300 55 99 80 (within Australia) during business hours Monday – Friday 9am – 5pm. Once we learn an order has not arrived within a reasonable period, we will lodge an enquiry with Australia Post or the courier and advise you of any issues that are discovered.

We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order. You have the option to have your item delivered with or without a signature of receipt. If you choose to have the item delivered without a signature of receipt you are responsible for any loss or damage after delivery.

If you choose to sign for your item you will generally need to be available between 7.00am and 5:00pm to receive the delivery.  You have the option to choose a different delivery address than your billing address. For example you may want to use your work address for delivery if your employer’s workplace policies allow this. If you do not answer when the courier tries to deliver your order, the courier will generally leave a card.  You must then contact the courier directly to arrange re-delivery. Without limitation, we are not liable for any loss or damage as a result of you failing to contact our courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.

Free Shipping Promotion

From time to time, we may offer free shipping promotions or similar.  During the stated period of the promotion, the express terms of any specific promotion override these Terms other than the Special offers and Error sections.   You must pay any return freight costs on change of mind purchases; however we will cover redelivery costs for exchanges for the first exchange. Faulty items will be replaced with the same item originally purchased where still available. For faulty items that cannot be replaced, a full refund will be offered; we will pay all freight charges on faulty items.

Damage

If you receive any goods in a damaged condition, we may issue you a credit in the amount paid for the goods or send replacement goods at our discretion if you notify us within 7 days of the delivery date.  We may ask you to provide proof of the damage, as a condition of refund or replacement.

Risk

Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms.

Title

Goods ordered by you remain our property until you pay for them in full.

Making a Claim

To make a claim you must

Provide us with a copy of your tax invoice or similar proof that the item was purchased from us.

Describe accurately the problem you have encountered and provide evidence (eg a photograph) to support your claim

State whether you are requesting a replacement, repair, refund or credit

Return of Product for Warranty Claim

We will not accept the return of a product without approval from our Customer Service Team. Where possible, the product must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that was delivered with the product.

We reserve the right to test any returned product, and to ask you to demonstrate that the problem with the product was not your fault. After the product has been returned a final decision on granting the claim will be made by Customer Services.
Where it is agreed that the claim is valid a replacement or repaired product will be returned to you at our expense.
Where upon receipt of the returned product we determine that the product did comply with the warranties and conditions and the condition of the product was misrepresented to us by you, the expense for the return of the product to us and the expense of returning the product to you will be deducted from your account as well as a $30.00 handling and administration fee.

Refunds or credit

Where a warranty claim is granted any refund will include all delivery and related costs for the product. Where a non warranty claim is granted any refund will be for the cost of the goods only and will exclude all related costs. No refund or replacement will be given until we have received the product from you. Refunds will be issued by EFT or a credit to your account. Refunded amounts must be over $15, if the refund is under this amount a credit note will be issued. Credit notes have a 12 month expiry. No refunds are given to wholesale customers instead credit notes are issued, they have no expiry and can be used with the next order.

Replacement

Where a replacement is agreed to after a warranty claim is granted the replacement will be delivered to you at our expense after we have received your returned product. Where a non-warranty claim is granted the replacement will be delivered to you at your expense.

RESOLVING YOUR CONCERNS

If you have any concerns with, or do not understand, our Terms and Conditions we encourage you to contact us and we will make every endeavour to resolve your concerns.

Our contact details are below and we will respond to your query as soon as possible.

If you return items to us that do not comply with the above requirements, we will return them to you at your cost.

  • PACKING PROBLEMS Please check your items against your receipt. If there are any discrepancies, please email [hello@funpartyfood.com.au] or call our Customer Service line on 1300 55 99 80 as soon as possible and within 7 days of purchase date.

Limitation of liability

To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of goods or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$5.00.

Indemnity

You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by us.

Notices to you

We may notify you by email, a general notice on this website or by other reliable method to an address or using contact information previously provided by you.

Excusing events

You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.

Entire Agreement

These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.

Alterations

We may alter these Terms from time to time by posting the altered version on our website. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to goods ordered via the website after the alteration takes effect.

Applicable law

These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.  The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention 1980) does not apply.

INTELLECTUAL PROPERTY RIGHTS

Material contained on this website is protected by copyright. You may use this website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute any material on this web site or create any other material using material on this website, without obtaining our prior written consent.

Registered trademarks and logos must not be used or modified in any way without obtaining the prior written consent of the trade mark or logo owner.

The web site, products, technology and processes contained in this web site may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of this web site and material on it must not in any way infringe the intellectual property rights of any person.

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
With your permission, we may send you emails about our store, new products and other updates.

For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947.
Exceptions: Fun Party Food do not provide a refund, credit or exchange if:

You have damaged the product by using it in a way, other than how it was meant to be used.

You have had a defect drawn to your attention before you purchased the product, for example, when products are clearly labelled as seconds or faulty.