Terms of service

Terms of Service

Introduction

Welcome to Funtiriva. These Terms of Service ("Terms", "Terms of Service") govern your access to and use of our website and services. By accessing or using our website, browsing our products, or making a purchase, you agree to be bound by these Terms.

Please read these Terms carefully before using our website or purchasing our products. If you do not agree with any part of these Terms, you must not use our website or services.

Business Details:

Business Name: Funtiriva
Business Address: 9 Levenia St, St Albans VIC 3021, Australia
Phone: +61 468 258 125
Email: contact@funtiriva.com
Website: Funtiriva

Definitions

In these Terms of Service:

"We", "us", "our" refers to Funtiriva
"You", "your" refers to the person accessing or using our website or purchasing our products
"Website" refers to our website and all associated pages and services
"Products" refers to goods offered for sale on our website
"Services" refers to the services we provide, including our e-commerce platform
"Order" refers to your purchase of products through our website
"Australian Consumer Law" or "ACL" refers to Schedule 2 of the Competition and Consumer Act 2010 (Cth)

Acceptance of Terms

By using our website or making a purchase, you confirm that:

You are at least 18 years old or have the consent of a parent or guardian
You have the legal capacity to enter into a binding contract
You have read, understood, and agree to be bound by these Terms
All information you provide is accurate, current, and complete
You will comply with all applicable laws and regulations

Use of Our Website

Permitted Use

You may use our website to:

Browse and view products
Place orders for products
Create and manage an account
Subscribe to our newsletter and marketing communications
Contact us with inquiries or feedback

Prohibited Use

You must not:

Use our website for any unlawful purpose or in violation of these Terms
Attempt to gain unauthorized access to our website, servers, or systems
Interfere with or disrupt the operation of our website
Use any automated system (such as robots, spiders, or scrapers) to access our website without our written permission
Upload or transmit viruses, malware, or any harmful code
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Collect or harvest personal information of other users
Post or transmit any unlawful, threatening, defamatory, obscene, or offensive content
Infringe upon our intellectual property rights or those of others
Use our website to send spam or unsolicited communications
Engage in any activity that could damage, disable, or impair our website

Account Security

If you create an account on our website:

You are responsible for maintaining the confidentiality of your account credentials
You are responsible for all activities that occur under your account
You must notify us immediately if you suspect any unauthorized use of your account
We reserve the right to suspend or terminate accounts that violate these Terms

Products and Services

Product Information

We make every effort to display our products as accurately as possible on our website. However:

Colors, images, and descriptions may vary slightly from the actual products
We do not warrant that product descriptions, images, or other content are accurate, complete, or error-free
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update product information at any time without prior notice

Pricing

All prices displayed on our website are in Australian Dollars (AUD) and include GST where applicable. We reserve the right to:

Change prices at any time without notice
Correct pricing errors, even after an order has been placed
Cancel orders if a pricing error has occurred

If we discover a pricing error after you have placed an order, we will notify you and give you the option to:

Proceed with the order at the correct price, or
Cancel the order and receive a full refund

Product Availability

Product availability is subject to change without notice. We will make reasonable efforts to ensure product availability, but we cannot guarantee that all products will be in stock at all times. If a product you have ordered is out of stock:

We will notify you as soon as possible
We may offer you a substitute product of equal or greater value (subject to your approval)
You may choose to wait for the product to be restocked or cancel your order for a full refund

Placing Orders

Order Process

When you place an order on our website:

Add to Cart: Select the products you wish to purchase and add them to your shopping cart
Review Cart: Review your cart to ensure the products, quantities, and prices are correct
Checkout: Proceed to checkout and provide your shipping and billing information
Payment: Select a payment method and complete the payment process
Order Confirmation: You will receive an order confirmation email with your order details

Order Acceptance

Placing an order on our website constitutes an offer to purchase products from us. We reserve the right to accept or reject your order for any reason, including but not limited to:

Pricing errors
Suspected fraudulent activity
Failure to meet our credit or authentication requirements
Restrictions on quantities available for purchase
Inability to ship to your location

Your order is not accepted until we send you an order confirmation email. We reserve the right to cancel any order at any time before shipment.

Order Modifications and Cancellations

Once an order has been placed, you may request modifications or cancellations by contacting us immediately:

Before Shipment: We will do our best to accommodate your request to modify or cancel your order
After Shipment: Orders cannot be cancelled once shipped. You may return the products according to our Refund Policy

Payment

Payment Methods

We accept the following payment methods:

Credit cards (Visa, MasterCard, American Express, JCB ,Apple Pay, Google Pay)

Payment Processing

All payments are processed securely through our payment gateway
We do not store your complete credit card information on our servers
You authorize us to charge your payment method for the total amount of your order, including products, shipping, taxes, and any other applicable fees

Payment Security

We use industry-standard encryption and security measures to protect your payment information. However, you are responsible for:

Keeping your payment information confidential
Ensuring your payment method is valid and has sufficient funds
Notifying your financial institution of any unauthorized charges

Failed Payments

If your payment fails or is declined:

We will notify you and may cancel your order
You may attempt to complete the payment again or use an alternative payment method
We are not responsible for any fees charged by your bank or payment provider

GST and Taxes

Prices displayed on our website include Goods and Services Tax (GST) where applicable. We will charge GST in accordance with Australian taxation laws.

Shipping and Delivery

Our shipping and delivery terms are detailed in our Shipping Policy, which forms part of these Terms of Service. Key points include:

Shipping Coverage: We currently ship to addresses within Australia only
Shipping Costs: Free shipping on all orders
Order Cut-Off Time: 5:00 PM (Sydney Time)
Processing Time: 1–2 business days (Monday to Friday)
Transit Time: 5–8 business days after dispatch
Total Delivery Time: Typically 6–10 business days from order placement

For complete shipping information, including tracking, delivery procedures, and lost or damaged packages, please refer to our full Shipping Policy at Shipping Policy.

Risk of Loss

Risk of loss and title for products passes to you upon delivery to the shipping carrier. You are responsible for filing claims with the carrier for any lost or damaged shipments.

Returns, Refunds, and Exchanges

Compliance with Australian Consumer Law

This Terms of Service complies with the Australian Consumer Law (ACL), which provides consumer guarantees that cannot be excluded by contract. Our return and refund policies are in addition to your rights under the ACL.

Our Return and Refund Policy

Our detailed Return and Refund Policy is available at Refund Policy and forms part of these Terms of Service. Key points include:

Return Window: 30 days from the date of delivery
Eligible Returns: We accept returns for both defective and non-defective products
Product Condition: Non-defective items must be in new, unused condition with original packaging
Exchanges: We accept exchanges for different sizes, colors, or products (subject to availability)
Return Shipping: Customer's responsibility (except for defective or incorrect items)
Restocking Fees: No restocking fees
Refund Processing Time: 5 business days after we receive and inspect your returned item
Refund Method: Original payment method

Non-Returnable Items

The following items are not eligible for return:

Items not in their original condition, used, worn, or altered
Items without original tags, labels, or packaging (for non-defective returns)
Items marked as "final sale" at the time of purchase
Custom or personalized items
Intimate or sanitary goods (for hygiene reasons, unless defective)
Gift cards

For complete return and refund information, please refer to our full Refund Policy.

Consumer Guarantees Under Australian Consumer Law

We comply with the Australian Consumer Law, which provides consumer guarantees that protect your rights when you purchase goods or services from us. These guarantees cannot be excluded, restricted, or modified by these Terms or any other agreement.

Consumer Guarantees for Goods

When you purchase products from us, you have the following guarantees under the ACL:

Acceptable Quality: Products are of acceptable quality, meaning they are:
- Safe, durable, and free from defects
- Acceptable in appearance and finish
- Fit for all purposes for which products of that kind are commonly used
Fit for Purpose: Products are fit for any specific purpose that you make known to us (either expressly or by implication)
Match Description: Products match the description we provide on our website and in our marketing materials
Match Sample: If we show you a sample of a product, the product will match the sample
Spare Parts and Repair Facilities: Spare parts and repair facilities are reasonably available for a reasonable period after purchase (where applicable)
Express Warranties: We comply with any express warranties we provide
Title and Ownership: We have the right to sell the products, and you will receive clear title to them
Undisturbed Possession: Your possession of the products will not be disturbed by anyone with a legal right to the products
No Undisclosed Security Interest: Products are free from any security interest or charge that we have not disclosed to you

Your Rights and Remedies

If a product fails to meet one or more consumer guarantees, you have the right to a remedy. The type of remedy depends on whether the failure is major or minor:

Major Failures

A major failure occurs when:

The product has a problem that would have stopped you from buying it if you had known about it
The product is significantly different from the description or sample
The product is substantially unfit for its common purpose and cannot easily be fixed within a reasonable time
The product is unsafe

For major failures, you can:

Reject the product and receive a refund, or
Reject the product and receive a replacement of the same type, or
Keep the product and seek compensation for the drop in value

Minor Failures

For minor failures, we can choose to:

Repair the product within a reasonable time
Replace the product, or
Provide you with a refund

If we fail to provide a remedy within a reasonable time, or if the remedy is not possible, you can:

Get the product repaired elsewhere and recover reasonable costs from us, or
Reject the product for a refund or replacement

Important Notes on Consumer Guarantees

You cannot seek a remedy under consumer guarantees if you simply changed your mind about a purchase
Consumer guarantees apply even if we did not manufacture the products
Our consumer guarantee obligations cannot be excluded or limited by these Terms
You may also have rights against the manufacturer under separate manufacturer's warranties

What We Cannot Exclude

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, warranties, or other rights that you may have under the ACL or other applicable laws that cannot be lawfully excluded.

To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is limited to, at our option:

In the case of goods: repair, replacement, or refund
In the case of services: supplying the services again or paying the cost of having the services supplied again

Intellectual Property Rights

Our Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, and videos, product descriptions and photographs, website design, layout, and functionality, trademarks, service marks, trade names, software and code, is owned by or licensed to Funtiriva and is protected by Australian and international intellectual property laws, including copyright, trademark, and other proprietary rights.

Your Use of Our Content

You may not:

Copy, reproduce, distribute, or republish any content from our website without our written permission
Use our trademarks, logos, or brand names without our written permission
Create derivative works based on our website or content
Use our content for commercial purposes without authorization
Remove or alter any copyright, trademark, or other proprietary notices

You may:

View and print pages from our website for your personal, non-commercial use
Share links to our website on social media and other platforms (as long as you do not misrepresent our brand or products)

User-Generated Content

If you submit content to our website (such as reviews, comments, or feedback):

You grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and display your content
You represent that you own or have the rights to the content you submit
You agree that your content does not infringe upon any third-party rights
We reserve the right to remove any content that violates these Terms or is otherwise objectionable

Copyright Infringement

If you believe that any content on our website infringes your copyright, please contact us at contact@funtiriva.com with:

A description of the copyrighted work you claim has been infringed
The location of the infringing material on our website
Your contact information
A statement that you have a good faith belief that the use is not authorized
A statement that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf

Privacy and Data Protection

We are committed to protecting your privacy and handling your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

Our Privacy Policy, available at Privacy Policy, explains what personal information we collect, how we collect, use, and disclose your information, how we protect your information, your rights regarding your personal information, and how to contact us with privacy concerns.

By using our website or making a purchase, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

Limitation of Liability

To the Maximum Extent Permitted by Law

Except as expressly provided in these Terms and to the maximum extent permitted by law:

Website Use: Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied
No Warranty: We do not warrant that:
- Our website will be uninterrupted, error-free, or secure
- Defects will be corrected
- Our website or servers are free from viruses or harmful components
Limitation of Liability: We are not liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Damages arising from your use of or inability to use our website
- Damages resulting from unauthorized access to or alteration of your data
- Damages resulting from third-party conduct on our website
Maximum Liability: Our maximum aggregate liability to you for all claims arising from or related to these Terms or your use of our website is limited to the amount you paid us in the 12 months preceding the claim, or $100 AUD, whichever is greater

Exceptions

The above limitations do not apply to:

Liability that cannot be excluded or limited under the Australian Consumer Law
Liability for death or personal injury caused by our negligence
Liability for fraud or fraudulent misrepresentation
Any other liability that cannot be excluded or limited by law

Your Responsibility

You are responsible for taking appropriate precautions when using our website (such as using antivirus software), backing up your data, any consequences of providing inaccurate or incomplete information, and securing your account credentials and preventing unauthorized access.

Indemnification

You agree to indemnify, defend, and hold harmless Funtiriva, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

Your use of our website or services
Your violation of these Terms
Your violation of any rights of another person or entity
Your violation of any applicable laws or regulations
Any content you submit to our website
Any fraudulent or illegal activity associated with your account

This indemnification obligation survives the termination of these Terms and your use of our website.

Third-Party Links and Services

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by us. We provide these links for your convenience only.

We are not responsible for the content, products, or services of third-party websites, the privacy practices of third-party websites, or any transactions you enter into with third parties.

When you access third-party websites, you do so at your own risk and subject to their terms and conditions. We encourage you to review the terms and privacy policies of any third-party websites you visit.

Third-Party Payment Processors

We use third-party payment processors to handle transactions. By using our website, you agree to the terms and conditions of our payment processors. We are not responsible for the actions or policies of these third-party processors.

Dispute Resolution

Governing Law and Jurisdiction

These Terms are governed by the laws of Australia. You agree that any disputes arising from these Terms or your use of our website will be subject to the jurisdiction of the applicable courts in Australia.

Informal Resolution

Before initiating formal legal proceedings, we encourage you to contact us to resolve any disputes informally. Please contact us at:

Email: contact@funtiriva.com
Phone: +61 468 258 125
Address: 9 Levenia St, St Albans VIC 3021, Australia

We will make reasonable efforts to resolve disputes within 30 days of receiving your complaint.

Complaints

If you have a complaint about our products or services:

Contact us using the information above
Provide details of your complaint and any relevant documentation
We will investigate your complaint and respond within a reasonable timeframe
If we cannot resolve your complaint, you may escalate it to the relevant consumer protection authority

Consumer Protection Contacts

If you are unable to resolve a dispute with us, you may contact:

ACCC (Australian Competition and Consumer Commission): www.accc.gov.au | 1300 302 502
NSW Fair Trading: www.fairtrading.nsw.gov.au | 13 32 20

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, and Refund Policy, constitute the entire agreement between you and Funtiriva regarding your use of our website and services.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

Force Majeure

We are not liable for any delay or failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, acts of God, war, terrorism, civil unrest, government actions or restrictions, strikes, labor disputes, shortages, or failures of third-party service providers or utilities.

Survival

Provisions of these Terms that by their nature should survive termination will survive, including but not limited to: intellectual property rights, limitation of liability, indemnification, and dispute resolution.

Headings

The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

Contact Information for Legal Notices

All legal notices, complaints, or formal communications regarding these Terms should be sent to:

Funtiriva
9 Levenia St
St Albans VIC 3021
Australia

Email: contact@funtiriva.com
Phone: +61 468 258 125

Changes to These Terms

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. Changes may be made to reflect changes in our business practices or services, changes in applicable laws or regulations, new features or functionality on our website, or feedback from customers or legal advisors.

When we make changes to these Terms:

We will update the "Last Updated" date at the top of this page
We will post the revised Terms on our website
For material changes, we may notify you via email or a prominent notice on our website

Your continued use of our website after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree with the changes, you must stop using our website and services.

We encourage you to review these Terms periodically to stay informed of any updates.

Contact Us

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us: