Funtastic Ltd

Terms and Conditions of Use

Welcome to Funtastic Ltd

In these Terms and Conditions “My PillowPets™” or “we” or “us” means Funtastic Limited (ACN 006 983 188) of Level 2, Tower 2 Chadstone Place, 1341 Dandenong Road, Chadstone, Victoria, Australia, and “you” means you, “the customer”.

We only sell in Australia
Funtastic Ltd’s Products are sold to Australian residents only. We do not make any deliveries outside of Australia.

Licence to use this site
Funtastic Ltd grants you a limited licence to access and make personal use of this site but you must not modify it, or any portion of it, without our written consent. This licence does not include the right to resell the Products, nor does it grant you the right to use this site for any commercial purpose. This means that this site, or any portion of this site, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Funtastic Ltd. Your licence will be terminated if you commit any unauthorised use of this site.

You must be over 18 to buy from us
You cannot place an Order on this website if you are under the age of 18. We sell products for children, but we sell them to adults, who can purchase them with a credit card or other permitted payment method. If you are under 18 years of age, you may use Funtastic Ltd only with involvement of a parent or guardian.

Order and supply of your Products
Once you have placed your Order, the following things will happen:

* You will receive an email containing a tax invoice for the products you have ordered and confirmation that your Order is being processed. Make sure you keep a record of this in case you need to ask us any questions about your Order.

* Before your Order is shipped, we verify your payment details to prevent any credit card or payment fraud from occurring. If your payment details are not validated, we reserve the right, in our sole discretion, to refuse service, or to cancel your Order. For more details on our fraud protection and prevention procedures, see below.

Payment methods and procedure
Funtastic Ltd currently accepts payments made by PayPal or Credit Card (Visa and MasterCard only). We are unable to accept credit cards issued by banks outside of Australia. We begin processing payments once you submit your Order and we have received all of the relevant information we need. Orders placed on a weekend or a public holiday will not begin payment processing until the next Business Day. You will receive a tax invoice with your Order Confirmation. Make sure you keep a record of your tax invoice as this is your proof of purchase. Please note that debit cards and cheque cards have daily spending limits that may substantially delay us processing your Order.

Prices
Except where noted otherwise, the purchase price displayed for each Product on our website is the full retail price for the Product itself (exclusive of shipping costs). Shipping costs are shown separately and will be recalculated based on how many and what items you place in your shopping cart. We reserve the right to change the price of a Product at any time prior to you placing an Order for that product.

GST
The purchase prices of the products listed on our website are inclusive of GST.

Delivery of your products
We estimate that your products will be delivered within 10 Business Days from the date that your products are shipped. Your Products will be delivered on a Business Day. Where you have purchased a product that is dispatched from our overseas warehouse, delivery time after payment processing may take up to three weeks. Funtastic Ltd makes every effort to deliver your Products according to the estimated delivery times stated above and indicated on your Order Confirmation; however we do not guarantee that we will deliver within these timeframes. Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. You can check the status of the delivery of your Product via our website by quoting the tracking number provided on your Order Confirmation. Unless otherwise agreed by us, we will deliver your products to the address indicated on your Order Confirmation. If no-one is home to accept delivery of your Products, our carrier (Australia Post eParcel) will leave a card so you can pick-up your Product from your local Post Office.

Exchanges and refunds
If you receive a Product that you are unhappy with for whatever reason, simply return it to Funtastic Ltd in the condition that you received it and we will exchange it or refund you the purchase price.

Exchanges and refunds of full priced items must be requested within 14 days from the date of delivery. Funtastic Ltd does not refund sale items, but we will happily exchange them. Exchanges of sale items must be requested within 14 days from the date of delivery.

To request an exchange or to claim a refund please contact us by phone on 1800 244 543 or via email claims@funtastic.com.au. Our customer service team will provide you with the step-by-step instructions you need to follow in order for you to exchange your product, or claim a refund. If you claim a refund, it will be processed within 30 days of us receiving the returned Product. If you have requested an exchange, the delivery time for the replacement Product will be the same as stated for the original Product.

Cost of return delivery
If you receive Products that are damaged, defective or if the incorrect item is delivered to you, we will cover the cost of the return delivery as well as the cost of shipping the replacement product back to you (if you have asked for an exchange). If you would like to return a Product because you have changed your mind about it, for example you are not happy with the way it looks or the way it works, then you must pay for the cost of returning the item to us.

Your Data – Use and Protection
By placing an Order with Funtastic Ltd, you agree that we may store, process and use data collected from your Order for the purposes of processing it. You have the option of agreeing whether you authorise us to use such data (excluding your credit card details) in order to provide you with information from time to time on other Funtastic Ltd products you may be interested in purchasing. For more information on your privacy, please see our Privacy Policy.

Credit card fraud
Funtastic Ltd uses Secure Sockets Layer (SSL) technology for our transactions with you, however we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Procedures for preventing fraud
When you place your Order, we may contact you requesting further information to verify whether you are authorised to make the payment, such as a copy of your credit card and driver”™s licence for identification. If you do not provide the requested information within 10 Business Days, your Order will be cancelled and your payment will be refunded back to the method in which you paid. After we have verified your authority to make the payment, this information you have provided us with for verification purposes will be destroyed. These information requests are sent to help protect credit card and PayPal account holders from online Fraud.

Consumer Guarantees
Nothing in these Terms and Conditions excludes the application of the nine consumer guarantees or any of your rights as a consumer which is provided under the Competition and Consumer Act 2010. For more information on the consumer guarantees and your rights as a consumer, visit www.consumerlaw.gov.au.

General
These Terms and Conditions together with your Order constitute the entire agreement between us and you for the supply of Products. This agreement cannot be varied unless we agree to vary it in writing or by email. You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Funtastic Ltd. Any unauthorised assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Funtastic Ltd reserves the right to change these Terms and Conditions of sale at any time.

Definitions
Capitalised terms in these Terms and Conditions have the following definitions: Business Day means a day banks are open for business in Melbourne, Australia, excluding a Saturday, Sunday or public holiday; Order means an order you place to purchase a Product via this website and A product means the products we sell from time to time via this website.

Governing law
These Terms and Conditions are governed by the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.

Questions?
We are here to help so if you have any questions, please contact our Customer Service Team via phone Free call 1800 244 543 or send an email to info@funtastic.com.au.

Return to Home page