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Terms & Conditions of Use

Introduction

Welcome to the Fun Merch Company.  This website and domain name are owned and operated by BirrEden PTY LTD ACN 097 182 762.  Funmerch.co Terms and Conditions of use (Terms) include the Terms herein, our Privacy Policy and Returns Policy. Together these Terms relate the conditions that govern your use of funmerch.co website, services and products. 

Your Acceptance

BirrEden PTY LTD and funmerch.co (herein referred to as we, us or our website) permits users (referred to as you or your) including; browsers, customers, vendors, merchants, and contributors of content to: 

access and interact with us via the Funmerch.co  www.funmerch.co  Website,

place an order for products and/or services through our online store, 

view and engage with any  information, communications, advice, stories, text or other material provided by funmerch.co (Content) and/or communicate with Funmerch.co in any other way, 

Subject to the following terms and conditions (Terms). 

Please read the following terms and conditions carefully.

Access/Use Terms

When you access/use or purchase through our website it means that you have responsibly agreed to be bound by these Terms and Conditions, including our Privacy Policy and our Returns Policy.   

If you do not agree to the following Terms and Conditions then please do not use/access our website.  Acknowledging that you are of sound mind, through your choice to use/access our website, you are also agreeing to comply with any local, State, Territory or National laws relevant to its use.  Responsible use represents that you are at least legal age in the state, Territory or province where you reside, or that you are at least legal age and that you have granted consent to any minor in your care to use/ access this service. 

We retain legal right to update/change and amend the Terms and Conditions herein. Please check these pages and note changes that may affect how you use/access our service. We retain the legal right to terminate these Terms and Conditions at any time without prior notice. 

Your use of our Website will be governed by the most recent Terms and Conditions posted on our website. When you place an order or access a service on our Website, the Terms and Conditions that apply to your contract, are the Terms and Conditions that were published on our Website at the time you placed your online order or accessed our services.  

Please note, continued access to our website following the publishing of any changes constitutes an acceptance of those changes.

General Terms

We retain legal right to refuse service to anyone for any reason at any time in accordance with relevant Australian Laws. Violation of any of our Terms and Conditions will result in immediate termination of access to our Services.

All Terms and Conditions apply to the use of funmerch.co website, us or our services and products only and we do not control or accept liability for the content, products and services or operation of any Third party websites or online platforms. Any hyperlinks provided in no way constitute our endorsement of that site. Your decision to use any such third party site is at your sole risk.  Concerns, questions and claims arising from your use of third party services should be directed to that third party. 

Any or all content that you share with us, (excluding credit card details) may be transmitted unencrypted over various networks and may be subject to changes to comply with technical requirements of other devices and /or networks.

Credit card information is always encrypted during transmission across service providers and networks. View our Privacy Policy for more information.   

You must not transmit any code of a harmful nature including, viruses or worms or interfere with our website. 

You may not post any links that suggest affiliation with our website without written permission. 

You may not breach the privacy of any other website users or use our website to harass.  

Copyright and Intellectual Property Terms

Funmerch.co content includes photographs, images, graphics and other visual representations of products protected by copyright.  Other content is sourced from collaboration with third parties.  Protection by Australian and International copyright laws, apply to the funmerch.co website and all content, unless specifically indicated. Users agree not to; reproduce, duplicate, copy, sell or resell, frame, adapt, or exploit the website, the services provided, our content or any associated contacts through which our services are provided without written permission. 

Reproduction without permission prohibited.

All Requests for use of our content or services except as authorised must be made by contacting us at : info@funmerch.co  

When you include any funmerch.co product in any post, on any social media or other online platform you are granting us your consent to share that content via our social channels including; TikTok, You Tube, Instagram, Facebook, Twitter, and Pinterest.

Where we have used any trademarks on our Website, this does not indicate endorsement by, the owner of that trademark.

Communication Terms

Funmerch.co does not guarantee ongoing, continuous access to our Website and will not be liable if the website is unavailable for any reason including maintenance, upgrades, interruption to supply or malfunction, subject to Australian Consumer Law requirements. 

Contact with you will be via email through our online store. To ensure you get our notifications, check your spam folder and add our email details to your address book. 

While funmerch.co takes reasonable precautions to protect your information when processing orders and requests we cannot make absolute guarantees. Please refer to our Privacy Policy for further information. 

Privacy Terms

Any personal information that you provide will be used for the purposes described by these Terms and Conditions and in accordance with our Privacy Policy, including; processing payments to fulfil your orders, supply of goods you have purchased and to provide you with marketing information when you have signed up for our monthly newsletter. 

If you are providing us with personal information for another person you are deemed as, guaranteeing their consent in accordance with our Terms and Conditions including our Returns Policy and our Privacy Policy. 

Content Disclaimer Terms

Some information supplied on our website is intended to entertain and does not constitute factual data. 

While we make every reasonable attempt to ensure the accuracy of all our content, there may be information on this website that includes errors or omissions relating to your order or other service supply. We retain legal right to update /change and amend information and cancel orders corresponding to incorrect information at any time without prior notice but are not obliged to update information on our website, except as required by law. 

Funmerch.co does not assume liability for any real or perceived damages or loss of any nature relating to:

The accuracy of content from any site linked to our website or our contributors, (we may at any time offer new services including access or content related to third party use which are subject to these same Terms and Conditions) 

Accidental errors or inaccuracies in our content

Your access of our website, including transmission of viruses, interruption to access/use and unauthorised access of secure servers

Any product purchased or service used not in accordance with what is specified on our website  

Spam and Cookies

Funmerch.co will never intentionally send you any email or electronic messages without your permission.  For information regarding our use of Cookies please see our Privacy Policy.  

Online Store Terms

You must be of legal age or older to order products/services available through our website or to consent to any person in your care under legal age ordering from your household. 

All orders are confirmed by email through our online store once they have been received.  Dispatch of your order constitutes our acceptance of that order. 

When you place a purchase order for any of our products or services that order is subject to availability and our acceptance of that order. We retain legal right to accept, decline or limit your order at our discretion and for any reason throughout the online order process. Where your payment has been received and your order has been cancelled, a full refund will be made.  

Dispatch and delivery times may vary depending on availability and may be subject to postal delays and circumstances beyond our control for which we are not responsible. 

No funmerch.co product or service may be ordered for resale without written permission.

You may not use our products for any illegal purpose nor may you, in the use of our Service, violate any laws.

Please refer to our Returns Policy for further information.

Products and services Terms

Description and availability 

Where funmerch.co offers descriptions of available products and services we attempt to be both accurate and reliable. We cannot however guarantee that our descriptions are without error or that you will be satisfied that our description meets your expectations. In particular colour variations may occur and the colour that you view through your display screen may not be accurate. Where any product that we offer is not as funmerch.co has described on our website then you are welcome to activate authorisation for a return by emailing us at info@funmerch.co

Funmerch.co retains legal right to change product descriptions at any time without notice and to discontinue or limit supply or sale of any product either on a case by case basis or to any geographic location or jurisdiction at our discretion. Information published regarding availability of products, services and offers are only a guideline and in no way constitute a guarantee. We accept no liability regarding non availability of any service, product or offer advertised or published on our website. 

Pricing 

Funmerch.co makes every attempt to provide accurate pricing information for all products and services offered, however errors may occur. Where an error has occurred we will inform you by email as soon as is practicable and your order receipt will either be reconfirmed at the correct price by your agreement or your order will be cancelled and a full refund made where applicable. 

We retain legal right to correct any pricing errors or inaccuracies made and to not accept any orders placed where incorrect, inaccurate or untimely pricing has been published on our website regarding, pricing and delivery, payment or returns conditions. 

Prices are always inclusive of GST where applicable and are published in Australian dollars.

Delivery charges will be clearly displayed where applicable and will be included in the ‘Total’  

Product and service prices and offers made may be modified for any reason at our discretion. All changes will be subject to these Terms and Conditions. 

Payment Terms

Confirmation and Payment of all orders placed via our website constitutes agreement with our Terms and Conditions, including our Returns Policy and Privacy Policy.

Payment Process; 

Order Payment is via our online store.

Funmerch.co uses Square Payment Gateway. 

We accept the following payment methods via Square Payment Gateway; EFTPOS, VISA, MasterCard and American Express, or via Apple Pay and Google Pay.                A standard pre-authorisation check on your payment card or account to ensure sufficient funds may apply and payment methods are subject to security and verification process by our external provider. 

For more information regarding Square Payment Gateway see https://squareup.com/au/en/legal/general/privacy-no-account

The Credit card or Digital wallet holder must be the billing or delivery recipient. 

When you choose to pay by credit card or with digital wallet you are authorising funmerch.co to debit the amount payable from your nominated account for your accepted Order.

Funmerch.co will issue a receipt specifying total amount payable for products and services included in your order once confirmed. 

Orders are delivered via third party couriers and E-Gift Cards are emailed to your nominated email address. 

Where payment is unsuccessful or payment methods cannot be verified your order may be cancelled or more information may be requested. 

Customer Account Terms

Where you access our online store to purchase products / services you will create an account and the following Terms and Conditions apply; 

You must be at least legal age in the State, Territory or Province where you reside, or have consent from a parent or guardian who is at least legal age in the State, Territory or Province where you reside and agrees to your use according to our Terms and Conditions including our Privacy Policy and Returns Policy.

Users creating an account agree to accept responsibility for; 

Keeping, account, login and activity details confidential, including restriction of third party access to your account and accountability to all of our Terms.. 

Account details are required to be accurate and up to date. You can update /change or amend account details  via our online login service or you may email us at info@funmerch.co  and we will update the information for you.  

You may opt out of communications or unsubscribe from our email list at any time using our unsubscribe prompts, links or by emailing us at info@funmerch.co.

To terminate your account please email us at info@funmerch.co and we will terminate the account at your request. 

Discount Code Terms

Subscribers to our newsletter will receive an immediate 10% discount code where applicable, then ongoing monthly discount codes. 

We may email a discount code to your nominated email address. We accept no liability where an incorrect email address has been entered.

Monthly discount codes expire at the end of each calendar month. Subscribers may apply a single discount code per order and subject to the following exclusions; sale items, E-gift cards, in conjunction with any other offer.  

Discount codes are only for use on our website through the funmerch.co online store and no other third party website or affiliate.

We reserve legal right to determine eligibility for all discount codes on an individual basis and to withdraw or amend such offers at our discretion.  

Discount Codes cannot, for any reason, be redeemed for cash and discounts are applied to the total amount payable on any one invoice on a pro rata basis when calculating any authorised refunds. 

E-Gift card Terms

E-Gift cards are available for purchase through our online store and can only be redeemed via our online store, including any unused balance which will attract no interest.  

Where an E-Gift card has insufficient credit to fulfil an order the balance is required to be made using our other payment methods as described in our Payment Terms. 

E-Gift cards are valid for 12 months from date of receipt and cannot be reloaded or used to purchase another E-Gift card.   

We may email E-Gift cards to your nominated address. We accept no liability where an incorrect email address has been entered.

Once your E-Gift card has been sent to your nominated email address you are responsible for security and storage and lost or stolen E-Gift cards will not be replaced and we assume no liability. 

E-Gift cards can be used by another person, other than the recipient, placing an order through our online store.

E-Gift cards cannot be used in conjunction with any other offer, including discount codes and only one E-Gift Card can be used per order.

We reserve legal right to cancel any E-Gift Card at our discretion. Where a cancellation is not due to illegal activity or use outside these Terms and Conditions, a refund or replacement will be issued. 

Warranty and limited Liability Terms

Use of our website constitutes an agreement between you and us that access to all content services and products, (including your inability to use our services) is at your sole risk.

Products and services are delivered ‘as is’ and ‘as available’ without any conditions or warranties (whether express or implied) including all conditions of merchantability, fitness for a specific purpose or non-infringement, to the fullest extent permitted by law.  

We do not guarantee the accuracy and or reliability of any results gained from your use of our services. 

All products purchased through our online store are made pursuant to a delivery contract and risk of loss passes to you once we have delivered to a third party courier.  See our Returns Policy for more information. 

No liability for any perceived or real; injury, loss, claim or damage of any nature (direct or indirect, incidental, special, consequential or punitive) will be accepted, whether in contract, tort or otherwise by funmerch.co, (our employees, directors) suppliers, service providers or affiliates, in association with your use of our services. This includes third party offers or products posted on our website. 

Where limitation of liability is restricted by law, liability will be limited to the maximum extent legally permissible and limited where allowable to the resupply of content, services or products.  

No consumer rights, guarantees or remedies granted by law (ACL) that cannot be modified by agreement are excluded in these Terms and Conditions.

Terms of Conduct

Funmerch.co permits users to access and interact with us via our website, funmerch.co  where you agree not to;

Modify, download or frame any part of our website without written authorisation or interfere with, disrupt or adversely burden funmerch.co, our service or others. 

Collect user data without that user’s explicit consent

Misrepresent anyone, communicate or disseminate indecent or unlawful content, including content that violates copyright laws or post/publish or otherwise upload any image or personal information relating to another person without their explicit consent

Post information that might reasonably be assumed to be professional advice or information that you suspect or know to be misleading

Purchase products for any purpose other than personal use without written permission.

Funmerch.co reserves the right to suspend access/use of our service and to remove or amend any uploaded information at our absolute discretion and without prior notice but we are not obliged to do so. 

User submissions

Funmerch.co accepts no liability in relation to content that is posted, published or otherwise uploaded through our service by other contributors and does not endorse any expressed opinions or advice stated. 

Where you post/publish or otherwise upload content via our website you grant funmerch.co perpetual royalty free licence to reproduce, use and modify that content for any purpose at our absolute discretion and without prior notice, waiving all copyright. 

Applicable Law Terms

All disputes arising through your use of this website will be settled in accordance with Australian Laws and will be determined by the courts having jurisdiction in the State of South Australia, Australia and subject to that courts application of any principle of conflict of laws with different requirements. 

International users access this website at their sole risk on the understanding that our content complies with Australian Laws only. Users accept responsibility for complying with laws within their own jurisdiction. 

Some countries require payment of import duties or taxes or have restrictions on products or services that might be deliverable. When you place an order you accept sole responsibility for meeting these criteria and accept all liability under any customs or import laws. 

Contract Terms

If at any time you wish to unsubscribe and to be removed from our mailing list email us at info@funmerch.co or follow the unsubscribe prompt.

We may use optional tools for your convenience which you are able to unsubscribe from at any time following the unsubscribe prompt. 

Funmerch.co reserve the right to stop your access to our website and any services in whole or in part including access to any of our products without prior notice and at our discretion.  All indemnity due or limited liability will survive such a termination. 

Indemnity 

Access to this service assumes you (individual/entity ) guarantee to indemnify funmerch.co for any harm including; loss, damage, expense (including legal fees), penalty, claim or proceeding arising out of or in any way related to your access of our services where our Terms of use have been breached.  

Severability

Each part (provision) of these Terms stands alone and if any provision is deemed not lawful and severed, the remaining provisions will in no way be affected.

Contact 

If you have any questions relating to; the funmerch.co website,  our Terms and Conditions, including our Privacy Policy and our Returns Policy you can access us via the contact us tab at the bottom of every page on our website or email us at info@funmerch.co