Terms of service

This website (referred to in these Terms of Service as the Website) is owned and operated by Fairia Australia Pty Ltd, who is referred to in these Terms of Service as “we”, “us”, “our” and similar grammatical forms.

The material on the Website is copyright © 2020 Fairia Australia Pty Ltd or other copyright owners.

The Website is available for you to:

1. Access conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website you are agreeing to these Terms of Service.
2. Upload material or information conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to provide upload material or information about your product or service you are agreeing to the Terms of Use related to uploading material or information to our Website.

(a) Except for the limited use set out in clause 1.1(b) you may not use the Website, or the material contained on it, for any purpose. This involves:

(i) the reproduction of the material in any material form;
(ii) the distribution of the material in any material form;
(iii) re-transmission of the material by any medium of communication;
(iv) uploading or reposting the material to any other site on the Internet; and
(v) “framing” the material on the Website with other material on any other website.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Service.

(b) Despite the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

(c) You may not modify or copy:

(i) the layout of the Website; or
(ii) any computer software and code contained in the Website.

(d) We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for personal use only and may not be:

(i) re-sold or re-distributed in any material form;
(ii) stored in any storage media; or
(iii) re-transmitted in any media,

without our prior written consent.

(a) This Website contains links to sites on the Internet owned and operated by third parties and which are not under our control.

(b) In relation to the other sites on the Internet, which are linked to the Website, we:

(i) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
(ii) is not responsible for the material contained on those linked sites.

(a) We are making the Website available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website or linked sites on the Internet.

(b) To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:

(i) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites; and
(ii) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any linked sites.

(c) We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(i) acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
(ii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.

(a) We do not warrant, guarantee or make any representation that:

(i) the Website, or the server that makes the site available on the Internet are free of software viruses;
(ii) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(iii) errors and defects in the Website will be corrected.

(b) We are not liable to you for:

(i) errors or omissions in the Website, or linked sites on the Internet;
(ii) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(iii) defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

(c) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Clause 1.3 (disclaimer 1) or clause 1.4 (disclaimer 2) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

(a) if the breach of an implied warranty or condition relates to services:

(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again; and

(b) if the breach of an implied warranty or condition relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods; or
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

(a) We and any people or legal entities authorised by us may gather and process the personal information:

(i) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
(ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.

(b) We may authorise others to offer you goods and services using the information acquired, as described in clause 1.6(a).

(c) We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy in clause 3 for details of how we collect, store and use your personal information.

We may terminate access to the Website or suspend your account at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

We reserve the right to change these Terms of Service:

(a) with or without further notice to you; and

(b) without giving you any explanation or justification for such change.

All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtaining written permission before reusing any copyrighted material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

(a) If any part of these Terms of Service is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Service and the severed part will not affect the validity and enforceability of any remaining provisions.

(b) These Terms of Service will be governed by and interpreted in accordance with the law of [state or territory] of Australia, without giving effect to any principles of conflicts of laws.

(c) You agree to the jurisdiction of the courts of [place in the state or territory] of Australia to determine any dispute arising out of these Terms of Service.

This Website (referred to in these “terms of use” as the website) is owned and operated by [owner], who is referred to in these Terms of Use as “we”, “us”, “our” and similar grammatical forms.

You represent and warrant in relation to any material or information you provide to the Website that:

(a) you are authorised to provide the material or information;

(b) the material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;

(c) the material or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;

(d) the material or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and

(e) the material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the Website or any law in any country where the material or information is or will be available electronically to users of this Website.

By uploading any material that is protected by intellectual property rights including, but not limited to, copyrighted works and material other than works, trade marks and service marks (Intellectual Property) on to the Website, you are granting us a perpetual, non-exclusive and payment-free licence throughout the world to:

(a) reproduce, use and exploit the Intellectual Property, as part of the Website, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Website is available to users; and

(b) allow us to sub-licence others the same rights granted to us in clause 2.2(a) above.

In relation to any material or information included on the Website, we may remove any material or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material or information.

We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:

(a) in relation to or in connection with any material or information supplied in respect of advertising on this Website; and

(b) as a consequence of removing any material or information from this Website.

You will at all times indemnify and keep indemnified us and our respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

(a) any breach of these Terms of Use by you; and

(b) publication of or distribution of the material or information supplied by you.

(a) We and any people or legal entities authorised by us may gather and process the personal information:

(i) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and

(ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.

(b) We may authorise others to offer you goods and services using the information acquired, as described in clause 1.6(a).

(c) Once the information is provided to a third party service provider, we are not able to guarantee, nor will we be liable for, the security of the information held by the third party. Where any unauthorized disclosure of personal information is caused by the third party, you should seek indemnity from the third party.

(d) We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy in clause 3 for details of how we collect, store and use your personal information. For further details on our privacy policy, please refer to our Privacy Policy page.

(a) If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.

(b) These Terms of Use will be governed by and interpreted in accordance with the law of the New South Wales of Australia, without giving effect to any principles of conflicts of laws.

(c) You agree to the exclusive jurisdiction of the courts of the State of New South Wales of Australia to determine any dispute arising out of these Terms of Use.

All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

When you place an order via our website, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

By agreeing to these terms of service, you represent and warrant that:

(a) You are above 18 years old;

(b) Any information you provided to us are current and accurate;

(c) You will provide us such information as reasonably requested by us; and

(d) Where your information is no longer current, you shall inform us in a timely manner.

(a) Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have advertised, we will correct the error straight away.

(b) We do not warrant that the accuracy, availability, information, quantity of the products or other information on the website.

(c) Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost”.

Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card must be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit must be used as consideration for the value of goods you have purchased as listed in the confirmation email.

We currently do not deliver products to international addresses outside of Australia.

(a) All standard orders in Australia, unless requested otherwise by you prior to purchase, are generally sent by Fastway or by a delivery services chosen by us from time to time, without Insurance or tracking.

(b) While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

(c) Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.

(d) For non-delivery of goods, please notify us by email as soon as possible.

For further details on shipping information, please refer to our Shipping Information page.

(a) You must inspect the goods immediately upon their arrival and if the goods are not in accordance with the specified requirements then you must give notice to us within 5 days of receipt of the goods. If you fail to give such notice, the goods must be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by us within 5 days after receipt of the goods by you.

(b) This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 7 below.

(a) Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision.

(b) However, we will provide a refund or replacement where the product is defective in accordance with Australian Consumer Law.

(c) Where a product is defective, you need to contact us by email to info@fairia.com.au and provide us with evidence of the product defect. Where we consider that the product is defective, we will ask you to post the defective product back to us and we will provide you with a full refund of purchase price and your delivery costs.

(a) We will organize the dispatch of your order once we receive it. We may cancel all or any of the order without incurring any liability if the cancellation is due to:

(i) the unavailability of the products ordered;

(ii) an error in the description or price of the products on our website;

(iii) a recall of the products; or

(iv) an order that is made in breach of the Terms of Use.

If you wish to cancel or change your order, please email info@fairia.com.au and provide us your order number as soon as possible. Your order cannot be cancelled or changed without once we have confirmed your order.

Any promotions provided by us might be subject to its special terms. If you wish to participate any promotion, please carefully review the special terms applicable to each promotion and be advised that these special terms supersede the terms of service.

(a) We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

(b) We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.

(c) Our liability for failure to comply with a consumer guarantee is limited to:

(i) In the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and

(ii) in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.

(d) Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.

(e) In all other respects, our total liability for loss or damage of every kind, whether:

(i) arising pursuant to the terms of service; or

(ii) arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,
is limited to an amount equivalent to the sum paid by you to us for the goods.

(f) Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.

(a) To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded.

(b) The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

The specifications and design of the goods (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property.

Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

(a) The terms and conditions that are applicable to any order would be the Terms of Use at the time you place your order;

(b) We reserve our right to amend the terms of service or the price of products without notice.

(c) You should check the terms and conditions each time before placing your order before placing your order.

The above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

If any clause in the above terms of service is unforeseeable or invalid, it shall not affect the validity or enforceability of the other clauses.

These terms of service are governed by the laws in force in the State of New South Wales of Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.