Terms and Conditions
Website user Terms
Accepting these Terms
This document and all the other documents that we refer to within this document constitute the legal basis upon which we agree to offer and you agree to use our Site and our Services and to buy our Goods. By using any of our Site or any of our Services, you’re agreeing to these Terms – even if you are just browsing on our website. If you don’t agree to our Terms you can leave the Site and/or decide not to use our Services or buy our Goods.
Creator means the supplier of the goods and services featured on the Site.
Content means without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. Content also means includes all User Content (as referred to below).
Goods means any products available for purchase on the Site
Services means our website and other services.
Site means www.flatout.com.au
Your account with us
You will need to set up an account with us to use some of the features of the Site or the Services and purchase Goods from us unless we provide the option to log in as a “Guest”. Here are a few rules about accounts with us:
- You will be required to provide full and accurate information about yourself.
- You must be 18 years or older.
- You take full responsibility for all activity on your account. If you register as a business entity, you personally guarantee that you have the authority from the business entity to agree to the Terms on behalf of the business. If you choose to share an account with another person, or other people, (for example by telling them your password) then the person whose billing information is on the account will ultimately be responsible for any activity.
- A username that is offensive or infringes anyone’s intellectual property rights is in breach of these Terms.
- These Terms don’t create any partnership, joint venture, employment or franchisee relationship between you and us.
- You may choose to terminate your account with Us at any time. In order to do so, you will need to email [email protected] for your account to be terminated. You will still have to pay any outstanding amounts due.
- We may terminate or suspend your account and your access to the Services or Goods at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services or to buy Goods from us. We may refuse service to anyone, at any time, for any reason.
Prices, availability, products
All prices listed on the Site are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or other account charged. If your credit card or other account has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card or other account in the amount of the charge.
Please note that the colours of items and products may depend on your monitor and may not be correctly displayed.
The availability of products and other items on the Site may change at any time, without notice.
Order acceptance policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy will be one of the following: (a) we will issue a credit to your credit card or other account in the amount charged for the cancelled portion or the quantity not provided (if your credit card or account has already been charged for the order) or (b) we will not charge you for the cancelled portion of the order or the quantity not provided.
For each product you order through the Site, you agree to pay the price applicable for the product (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless we have agreed to an alternate billing arrangement in writing signed by Us, we will automatically bill your credit card or other account submitted, via the Payment Processor, as part of the order process for such price. All prices are non-refundable.
We use a third-party payment processor (the “Payment Processor”) to process your payments. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor.
Payment Processor & Third-Party Services
We partner with PayPal and Westpac Payway to facilitate card payments and other payments by buyers. PayPal and Westpac entities are regulated and authorised to provide payment services in the countries where they operate. We may share your personal or transactional information with those third-party service providers when it’s necessary to process payments.
By using a third-party service, you may also be subject to an agreement with the third-party. For example, PayPal is a third-party service provided by PayPal Holdings Inc. and is subject to the PayPal User Agreement. If we receive notice that a listing or transaction violates a third party’s service agreement, we may have to take action against your account, such as cancelling a transaction,
Our rights and responsibilities
We reserve the right to decline transactions that we believe to be high risk, fraudulent, or in violation of our Terms.
GST is included in the sale prices for applicable products. All other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Products.
Shipping and delivery
We deliver our products via third party service providers. You acknowledge that delivery date estimates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in instalments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
Once each item has been packed for shipping, you will receive an email confirming your items are on their way. This email will include a tracking number allowing you to check the status of your order by logging in to your account and checking your order history page.
Returning an Item
For most items we accept returns within 14 days of receipt if the item is unused and in original condition.
If you receive an item in less than perfect condition, please notify us by contacting our Customer Service Team. We will do all we can to remedy the situation. Given the limited quantities of many of our products, an exact replacement may not always be possible.
To return an item, please contact our Customer Service Team with your order number, item, and reason for return (your order details can be found in your Order History page. For faulty products, Australian based customers will receive a prepaid Australia Post return shipping label via email. Please print this and attach it your package.
For returns outside the return policy, we reserve the right to not accept the return or issue store credit in place of a full refund.
All returned items must arrive unused and in the original packaging.
Customer queries and complaints management
We provide a case management system in the unlikely event your purchase does not go as expected. You can use our case management system, with support from our Customer Service Team to come to a resolution in the event of a non-delivery, or if an item you receive is not as described in the listing. All you need to do is email [email protected] You can file a case under the following circumstances:
A Non-Delivery occurs when a buyer places an order and submits payment, but the item is not shipped or is shipped incorrect address. The following are examples of Non-Delivery cases:
- An item was never sent.
- An item was sent to an address that is not on our receipt or was not verified through Australia Post address verification.
- There is no proof that the item was shipped to the buyer’s address.
An item is Not as Described if it is materially different from the listing description or photos on the Site.
The following are not eligible for our case management system:
- Items that are returned without a return agreement
- Items that have been altered, used, worn or washed after receiving them
- Physical or tangible items that are not available for return because they have been destroyed or discarded by the buyer
- Items that are received after the agreed-upon delivery date due to shipping delays;
- Cancelled transactions that have already resulted in a refund.
Errors, inaccuracies and omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). If your credit card has already been charged, a credit will be issued to your credit card.
Availability of content
We do not guarantee that any Content will be made available on the Site. We reserve the right to, but do not have any obligation to, (a) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all; and (b) to remove or block any Content from the Site.
We may discontinue the services
We reserve the right to change, suspend or discontinue any of the Services or the Goods offered for sale at any time, for any reason. We will not be liable to you for the effect that any changes to the Services or the Goods offered for sale may have on you.
Warranties and limitation of liability
Warranties. We are dedicated to making our Goods the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Goods are provided “as is” and with limited warranties. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods.
Otherwise to the fullest extent permitted by law, we expressly disclaim any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade. You use the Goods solely at your own risk.
- Liability Limits. To the fullest extent permitted by law, neither us, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Goods or these Terms. In no event shall our aggregate liability for any damages exceed the greater of one hundred ($100) AUD Dollars or the amount you paid us in the relevant transactions.
The Terms are governed by the laws of New South Wales, Australia. These laws will apply no matter where in the world you live.
Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (1) posting the changes to the Site or (2) sending you an email or message about the changes.
Entire agreement, severability, waiver and assignment
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Us regarding the Goods. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
The Terms will remain in effect even after your access to the service is terminated, or your use of the service ends.