Terms of Service
By shopping with Funkymamalina you are agreeing to abide by the terms and
conditions of use stated below (“Terms of Service” or “Terms”). For purposes of
these Terms of Service, Funkymamalina is defined as the Australian based web
site, web pages, and channels controlled and/or operated by Funkymamalina
including, without limitation, the funkymamalina.com.au web site. These rules
and guidelines have been created to protect you and to ensure that
Funkymamalina products are safe and can be enjoyed by everybody. By agreeing to
these terms, you're taking responsibility for your own actions.
These Terms of Service are deemed to incorporate Funkymamalina’s privacy policy
(the “Privacy Policy”) which is available on this website and which you should
read together with these Terms of Service. The provisions of the Privacy Policy
apply as if set out in full in these Terms of Service.
By accessing and using the website operated by Funkymamalina, you agree to
these terms, conditions and disclaimers as amended from time to time
("Terms") and acknowledge that you have read and understand these
Terms. If you do not agree with these Terms, do not use any of the
Funkymamalina website.
Funkymamalina reserves the right to change any content on the website or the
Terms at any time and from time to time, by updating this page within any
Funkymamalina website. As you are bound by any such amendments to the Terms you
should therefore regularly check the current Terms. By continuing to access or
use this Website after such changes, you are deemed to agree to be bound by
such changes.
ORDERING
An order by you is an offer by you to purchase a particular product at the price and delivery charges specified in the details of that order. The order must contain your name, email address (if available), shipping address, credit card number and the expiry date of your credit card so that Funkymamalina can process your order. Funkymamalina reserves the right to accept or reject your order for any reason, including, without limitation, an error in the price or an error in the product description posted on the site or the unavailability of any product. There may be reasons why we or a merchant in Funkymamalina cannot fulfil your order, therefore your contract with Funkymamalina only comes into existence when Funkymamalina advises you that it has accepted your order and your payment has been confirmed.
PRICES AND PRODUCTS
Information on prices and availability of products and delivery charges are
maintained by responsible merchants participating within Funkymamalina’s
website. Funkymamalina therefore cannot guarantee that all details are current
at the time of issue. Prices, availability of products and delivery charges may
change at any time and are subject to availability.
All prices are shown in AUD only. For international orders contact
Funkymamalina directly.
REFUND/RETURNS POLICY
Funkymamalina accepts returns and will fully refund any order, less the cost of freight, returned to Funkymamalina with 4 weeks of date of delivery. Product within the order must be unopened to receive the refund.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to or arising out this website are owned by and vest in Funkymamalina (or its licensors). You acknowledge and agree these Terms of Service do not transfer any right, title or interest in Funkymamalina‘s (or its licensors’) intellectual property rights to you.
DISCLAIMER
You may have certain rights and remedies available to you in relation to the
provision by Funkymamalina of goods and services on the afore mentioned
Funkymamalina websites under the Competition and Consumer Act 2010 (Cth) and
similar state and territory legislation in Australia which cannot be excluded,
restricted or modified ("Basic Rights"). Except as provided by the
Basic Rights: all other conditions and warranties either express or implied by
custom, law or statute are excluded; and all Content is provided without any
warranties of any kind, either express or implied;
Funkymamalina does not warrant that your access to any Funkymamalina website or
the functions contained in any content will be uninterrupted or error free,
that any defects will be corrected or that the Funkymamalina website or the
server which stores and submits Content to you are free of viruses, malicious
computer code transmitted on or through Funkymamalina or other harmful
component;
Funkymamalina does not represent that any information (including any file)
obtained from or through this Web site is free from computer viruses or other
faults or defects. It is your responsibility to scan any such information for
computer viruses. Funkymamalina will not be liable to you or to any other person
for any loss or damage (whether direct, indirect, consequential or economic),
however caused and whether by negligence or otherwise, which may result
directly or indirectly from any such information. To the extent that any
applicable law that cannot be excluded imposes any liability on Funkymamalina,
that liability shall be limited to the cost of re-supplying that information.
Funkymamalina expressly disclaims the accuracy of all descriptions and
specifications of the products. This disclaimer in no way affects the terms of
the manufacturer’s warranty, if any;
Funkymamalina expressly disclaims the currency, accuracy or completeness of any
Content or any information provided by third parties on or through
Funkymamalina.
LIMITATION OF LIABILITY
To the extent permitted by law, under no circumstances will Funkymamalina be
liable for any damages whatsoever, whether direct, indirect, punitive, special,
or consequential damages or loss of profits (including in respect of negligence
on the part of Funkymamalina) that are directly or indirectly related to the
use of, or the inability to use, the Funkymamalina website, even if advised of
the possibility of such damages or that such damages were foreseeable.
Where Funkymamalina is unable to exclude liability for breach of any implied
warranty or condition by virtue of any statute, then its liability shall be
limited to: (a) in the case of goods supplied or offered by merchants within
Funkymamalina, any one or more of the following (i) the replacement of the
goods or the supply of equivalent goods; (ii) the repair of the goods; (iii)
the payment of the cost of replacing the goods or of acquiring equivalent
goods; or (iv) the payment of the cost of having the goods repaired; or (b) in
the case of services supplied or offered by Funkymamalina (i) the supplying of
the services again; or (ii) the payment of the cost of having these services
supplied again.
INDEMNITY BY YOU
You must indemnify and hold harmless Funkymamalina (and its officers, employees and representatives) against all losses, liabilities and costs (including legal expenses) sustained, incurred or suffered by Funkymamalina (or its officers, employees and representatives) as a result of your breach of these Terms of Service or any violation by you of any laws or the rights of any person.
PROHIBITED ACTIVITIES
You must not submit, post, upload, email or otherwise send or transmit to this website, Funkymamalina or any user anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this website. You must not interfere with this website or the servers or networks underlying or connected to this website or violate any of the procedures, policies or regulations of this website or any networks connected to this website. You must not impersonate any other person while using this website, conduct yourself in an offensive manner while using this website, or use this website for any illegal, immoral or harmful purpose.
OTHER WEBSITES
Funkymamalina is not responsible for the policies and practices of internet websites operated by persons other than Funkymamalina, even if: (i) you access them using links on this website; or (ii) are directed or link to this website using links on such websites, and recommends that you carefully review the terms and conditions of use and privacy policy of every internet website you access or use.
ACCURANCY OF THIS WEBISTE
This website, is provided on an “as is” basis and Funkymamalina makes no representations, warranties or undertakings with respect to this website including as to the currency, accuracy or completeness of this website.
TERMINATION
Should you object to any of these Terms of Service (including any subsequent amendments), you must immediately discontinue use of the Funkymamalina Web site.
SECURITY
In the event of unauthorised use of your credit card, you must notify your
credit card provider in accordance with its reporting rules and procedures.
Furthermore, you are entirely responsible for any and all activities, which
occur under your email address. You agree to immediately notify Funkymamalina
of any unauthorised use of your email address or any other breach of security
that you become aware of.
ENTIRE AGREEMENT
These Terms of Service, together with any additional terms and conditions or usage rules set out on this website from time to time, constitutes the whole agreement between you and Funkymamalina relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.
RIGHTS CUMULATIVE
The rights, powers, privileges and remedies provided under any provision of these Terms of Service are cumulative and are not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms of Service or by applicable law or otherwise.
WAVIER
No failure to exercise nor any delay in exercising by Funkymamalina of any right, power, privilege or remedy under these Terms of Service shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms of Service shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.
INVALIDITY
If any provision of these Terms of Service is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Service in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms of Service in any other jurisdiction shall not be affected.
INTERPRETATION
In these Terms of Service, unless the context requires otherwise: (i) any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms of Service.
GENERAL
These Terms (and the agreement thereby constituted by your access, browsing or
use) will be governed by and construed in accordance with the laws of New South
Wales, Australia. You irrevocable and unconditionally agree to the
non-exclusive jurisdiction of the courts of that state.
Any provisions of these Terms shall for any reason be held to be unenforceable
or invalid in any respect under any law then such unenforceability or
invalidity shall not affect any other provision of these Terms and these Terms
shall be constituted as if such unenforceable law and valid provisions had
never been contained herein.
The products and services offered for sale by Funkymamalina are only available
to individuals who can make legally binding contracts. The products and
services are not available to persons under the age of 18 years old and any
other persons who are legally prohibited from entering into binding contracts.
Any party engaging in illegal activities involving the use of this Web site
will be subject to civil and criminal prosecution. Funkymamalina cannot
guarantee that it will be able to prevent any illegal or inappropriate use of
this Web site, nor can Funkymamalina guarantee that it will give advance notice
or warning of any illegal or inappropriate use of this Web site.
All rights not expressly granted in these Terms are reserved.
Contact Details
Website - http://www.funkymamalina.com.au
Email - info@funkymamalina.com.au
Phone – (+61) 0427 019 270
Funkymamalina
PO Box 491
Tweed Heads
NSW 2485
AUSTRALIA