TERMS AND CONDITIONS
These Terms and Conditions form a contract between the customer (you) and Fondo Pty Ltd ABN 49 167 270 224 (Fondo, we) and apply to the ordering, purchase, fulfillment and delivery of goods from fondo.com.au. Please read them carefully before placing your order.
1.1 The following definitions are used in these Terms and Conditions.
Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means any nominated third party delivery or shipping company for Fondo.
Delivery Fee means the fees charged by the Delivery Agent for the delivery of Goods.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order, by-law or custom or policy enforced by judicial decision.
Order means a request by you to purchase Goods from Fondo in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website.
Returns Policy means the Fondo Returns Policy found on the Website.
Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges payable in relation to your Order.
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means www.fondo.com.au.
We or Us or Our or Fondo means Fondo Pty Ltd, ABN 49 167 270 224.
You or Your means you as the purchaser of Goods pursuant to these Terms and Conditions.
2.1 You agree to be bound by these Terms and Conditions when you submit an Order. Each Order will be a separate and binding agreement for the supply of Goods between you and Fondo.
2.2 You may place an Order by submitting an electronic Order from through the Website. You acknowledge that all Orders are for personal and domestic use only.
2.3 You must check your Order carefully before submitting your Order. Once submitted, cancellation of your Order or changes to the Goods in your Order may only be made by agreement.
2.4 You agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. Fondo will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided by you. If you provide us with inaccurate shipping details we are under no obligation to resend your Order if it is shipped to the address you provided in the Order.
2.5 You will be provided with an automatic Order number upon submission of your Order to the Website.
3.1 Fondo reserves the right to accept or reject your Order for any reason at any time including determining what it can and cannot deliver to any particular location.
3.2 When we accept an Order, it represents an agreement by Fondo to supply you the Goods in accordance with the Order and these Terms and Conditions.
3.3 In the event that we reject an Order under clause 3.1, we will notify you as soon as possible and, refund any money paid to us in respect of that Order as soon as reasonably possible.
4.1 You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Fondo will contact you as soon as reasonably possible to arrange a full or partial refund.
4.2 We may withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you.
4.3 Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 3.
4.4 You acknowledge and agree that:
4.4.1 all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
4.4.2 you have read any corresponding written description of the Goods prior to submitting your Order;
4.4.3 the colour of Goods as shown on the Website may vary slightly in shade in real life;
4.4.4 where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
4.4.5 any accessory featured with the Goods is for illustration purposes only.
5.1 The Price in respect of a Good is specified on the Website.
5.2 Prices are displayed in Australian Dollars, and, for deliveries within Australia, include GST. Where you access the Website from an ip address located oustide Australia, prices are exclusive of any Tax payable in relation to your Order and you are liable to pay all such Tax.
5.3 Fondo reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change in the Price (provided your Order is not affected by an obvious pricing error, in which case clause 43 will apply).
5.4 In respect of any Order, we will charge you and you agree to pay, the Price and the Delivery Fee (if any) by any of the methods specified on Website.
5.5 You acknowledge and agree that any payment in respect of an Order must be cleared by Fondo before Goods are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this.
5.6 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
5.7 You will receive an invoice by email once payment in respect of your Order has been processed.
6.1 Fondo uses Delivery Agents to deliver your Goods. You agree to your details being supplied to the Delivery Agent for the purpose of delivering your Goods. Refer to the Deliveries section of the website for the applicable Delivery Fee for the Goods and indicative timeframes.
6.2 You acknowledge and agree that notwithstanding anything else stated on the Website:
6.2.1 Fondo cannot guarantee that delivery will occur in the stated delivery time frames and, delivery timeframes may change from time to time; and
6.2.2 except where required by applicable law, Fondo is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
6.3 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You must submit separate Orders for Goods where you require multiple delivery destinations.
6.4 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you where the Goods have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card. If Goods are required to be redelivered, you may be required to pay any fees for redelivery.
6.5 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact firstname.lastname@example.org as soon as practicable. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If Goods are missing from your Order, you may call our Customer Service Centre, or return the Order in accordance with the Returns Policy. You should let us know about any defective, damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Returns Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge.
7.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
8.1 Goods can only be returned under these Terms and Conditions (in particular, this clause 8) and in accordance with the Returns Policy (which forms part of these Terms and Conditions).
8.2 All refunds will be credited to the card you nominated in your Order.
You represent and warrant to Fondo that:
a) all information (including Personal Information) and data provided by you through the Website is true, accurate, complete and up to date, and you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Fondo;
b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
c) you are over the age of 18;
d) in placing your Order, you have read and agree to these Terms and Conditions and have complied with applicable Laws.
9.1 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect or consequential loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
9.2 Subject to any rights you have under any consumer protection law (including the Competition and Consumer Act 2010 (Cth)) or any other Laws that cannot be excluded, Fondo excludes, all implied terms and warranties whether statutory or otherwise, relating to our Website or the subject matter of these Terms and Conditions.
9.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
10.1 Fondo reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Fondo with respect to that Order.
10.2 Fondo may give notice to you by electronic mail. You may give notice to Fondo by email to email@example.com.
10.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
10.4 A failure or delay by Fondo to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Fondo does not preclude its future exercise or the exercise of any power or right.
10.5 The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Melbourne, Victoria.