Terms of Use 

Please Read Carefully Before Using This Website: 

1. Overview 
The Funky Little Fella Website (www.funkylittlefella.com.au) is owned and operated by Finnigan Junior Pty Ltd (ACN 151 343 403) as trustee for the Finnigan Junior Trust, trading as Funky Little Fella ("Funky Little Fella"). This webpage contains the Terms of Use governing your access to and use of the Funky Little Fella Website (the "Website"). 

By accessing or using this Website, you acknowledge that you have read and understood and agree to be bound by these Terms of Use (as amended from time to time), which form a legally binding contract between you and Funky Little Fella. 

If you do not accept these Terms of Use or you do not meet or comply with their provisions, please do not use this Website. 

2. Changes to Terms 
Funky Little Fella may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes. 

3. Jurisdiction 
This Website may be accessed throughout Australia and overseas. Funky Little Fella makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside Australia. Those who choose to access this Website from outside Australia do so at their own risk and are responsible for compliance with applicable local laws. 

4. Scope of Use and User E-Mail 
You are only authorised to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. 

The systematic retrieval of data from the Website is also prohibited. E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy . You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. 

Funky Little Fella shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Funky Little Fella is strictly prohibited. 

5. Copyrights and Trademarks 
The materials at this Website, as well as the organisation and layout of this Website, are copyrighted and are protected by Australian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Website, or portions of the Website, must include Funky Little Fella's copyright notice. No right, title or interest in any of the materials contained on this Website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Website; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Website without the prior written permission of Funky Little Fella. Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Funky Little Fella. You may not use a part of this Website on any other Website, without Funky Little Fella's prior written consent. Funky Little Fella respects the intellectual property rights of others and expects you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@funkylittlefella.com.au. 

6.  Links For your Convenience
We may provide links to various other Websites that may be of interest to you and for your convenience only.  However, Funky Little Fella does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our Website. These Terms of Use policy applies only to Funky Little Fella's Website and the products and services Funky Little Fella offers.  If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Funky Little Fella reserves the right to terminate any link or linking program at any time. Funky Little Fella disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites. You may not link to this Website without Funky Little Fella's written permission. 

If you are interested in linking to this Website, please contact info@funkylittlefella.com.au. 

7.  No Unlawful or Prohibited Use 
As a condition of your use of the Website, you warrant to Funky Little Fella that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. 

8.  No Warranties 
The Website, and any Content, are provided to you on an "as is," "as available" basis without warranty of any kind whether express, statutory or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement, all of which Funky Little Fella expressly disclaims. Funky Little Fella does not endorse and makes no warranty as to the accuracy, completeness, currency, or reliability of the Content, and Funky Little Fella will not be liable or otherwise responsible for any failure or delay in updating the Website or any Content. We have no duty to update the Content of the Website. Funky Little Fella makes no representations or warranties that use of the Content will be uninterrupted or error-free. You are responsible for any results or other consequences of accessing the Website and using the Content, and for taking all necessary precautions to ensure that any Content you may access, download or otherwise obtain is free of viruses or any other harmful components. This warranty disclaimer may be different in connection with specific products and services offered by Funky Little Fella.  

9.  Governing Law, Location and Miscellaneous 
These Terms of Use shall be governed in all respects by the laws of the State of Victoria, Australia, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. You agree to submit to the exclusive jurisdiction of the courts of State of Victoria, Australia. 

10. Separate Agreements 
You may have other agreements with Funky Little Fella. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Funky Little Fella. 

11.  Limitation of Liability 
Your use of the Content is at your own risk. Funky Little Fella specifically disclaims any liability, whether based in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, incidental, punitive, consequential, or special damages arising out of or in any way connected with access to, use of or reliance on the Content (even if Funky Little Fella has been advised of the possibility of such damages) or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from you, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of records, programs or files, interruptions in telecommunications connections to the Website or viruses, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorised access to the Website or the Content. This limitation of liability may be different in connection with specific products and services offered by Funky Little Fella. Some jurisdictions do not allow the limitation of liability, so this limitation may not apply to you. 

12. Indemnity 
You agree to defend, indemnify, and hold Funky Little Fella, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use. 

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at info@funkylittlefella.com.au.

Terms and Conditions of Sale

Please read the following carefully before submitting your order:

1. Overview
By clicking the "Submit Order" button, you agree to purchase the products included in your order from Finnigan Junior Pty Ltd (ACN 151 343 403) as trustee for the Finnigan Junior Trust, trading as Funky Little Fella ("Funky Little Fella") on the following terms and conditions.

These terms and conditions should be read in conjunction with our Terms of Use and Privacy Policy.

By submitting your order, you acknowledge that you have read and understood and agree to be bound by these terms and conditions, our Terms of Use and Privacy Policy (collectively, the "Terms and Conditions of Sale").

In the event of inconsistency between these terms and conditions and our Terms of Use or Privacy Policy, these terms and conditions shall prevail.

2. Errors
When placing information onto our website, we will take reasonable care in ensuring that all details, prices, product images and descriptions displayed are correct at the time.

We have the right to amend any typographical errors, inaccuracies or oversights in the information contained on this website and to correct or update content or cancel orders at any time without prior notice. Please note that this also applies to orders that have been submitted.

In addition, images showing textures, appearances and colours of our products will vary depending on your monitor and computer equipment. We cannot guarantee that the product images are an exact representation of the actual products.

3. Confirmation and acceptance
An order confirmation will be emailed to you once your order is placed. If you don't receive a confirmation email, please contact us.
We reserve the right to reject an order for any reason, including without limitation where:
    a product is unavailable;
    we had made an error in the price, image or product description;
    the customer does not meet age requirements;
    we are not permitted to supply the product to a customer outside Australia; and
    there was an error in your order.

We also have the right to limit the sale of products to reasonable or normal quantities.

When an order is rejected, we will refund in full all amounts you have paid in respect of the rejected order.

4. Payment, charges and taxes
We accept MasterCard, Visa, and PayPal. A direct deposit payment feature is also available.

All purchases will be charged to your nominated card or account upon submission of your order.

All prices are in Australian dollars and include Goods and Services Tax of 10%. Only Australian orders are subject to the GST and orders by international customers will be processed exclusive of GST.

All totals will be billed in Australian Dollars. International customers will be charged the equivalent of this rate in their respective currencies at the time the bank processes the transaction, and may be charged international service charges by your credit card issuer or financial institution. It is your responsibility to be aware of these charges. We do not take receipt of these fees and are unable to refund them in any way.

Delivery charges may be added to your order prior to you submitting your order these charges are based on weight and distance and whether you elect to have your order delivered by registered post. We offer free standard delivery within Australia for orders over $100. By submitting your order, you agree that you accept the delivery charges that have been notified to you.

International customers should also be aware of any customs fees or sales taxes that may be payable on delivery of items ordered we are also not responsible for any such charges.

5. Delivery
Products purchased from us are dispatched from Melbourne, Australia. We will endeavour to dispatch products within 24 hours of an order being placed. Please allow 7-10 working days for delivery within Australia and 14-21 working days for delivery outside Australia, depending on the destination. Please note that we are unable to guarantee delivery of your order by or within a certain time, and no damages or compensation will be payable in the event of delayed delivery.

We send your purchased products to you by postal service in Australia, we use Australia Post. You can elect to have your order sent by registered post, but additional delivery charges will apply.

If you choose registered post, the parcel will require a signature upon delivery. If there is no authorised person at the delivery address to sign for the parcel you may be required to collect the parcel from a nearby Australia Post office (in Australia) or from another location nominated by the delivery company (for international customers). You may wish to nominate your workplace as your delivery address if you will not be at home during business hours to accept delivery. If you provide us with post office box details, we may contact you to arrange an alternate delivery address, depending on the size of the order being delivered to you.

If you choose registered post, you will be responsible for any damage or loss to your items once your parcel has been signed for. If you do not choose registered post, you will be responsible for any damage or loss to your items once the items are posted we will not accept any liability for products lost in transit.

It is your responsibility to ensure that the delivery details you provide are accurate and complete. If delivery is unsuccessful, the parcel may be returned to us. In the unlikely event that this occurs, to re-send your parcel, additional delivery charges may need to be applied prior to dispatch, unless the parcel has been returned to us as a result of our error.

6. Returns and refunds
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

As well as the rights you have under the Australian Consumer Law, our Returns and Refunds Policy provides you with additional benefits.

Please choose your items carefully we want you to enjoy your products as soon as you receive your order.

Returns will only be accepted if you contact us by telephone or email within 14 days of the order date and you then promptly return the products and proof of purchase to us. We suggest returning products by recorded delivery, registered post or your local equivalent as we will not accept any liability for products lost in transit.

Returned products will not be accepted if they have been used clothing items must be unworn and unwashed. All products and proof of purchase returned will be inspected to ensure the return is acceptable.

If your purchase is in any way faulty, not fit for the purpose intended or does not match the description, we will reimburse you for the costs of returning the product to us and arrange for the product to be repaired or replaced, or you can elect to have your money refunded. This will be refused if the product is determined to have been damaged due to inappropriate use.

If you change your mind and your return is accepted, we will provide an exchange or refund (excluding delivery charges). Exchanges will incur re-delivery charges, which we will notify to you. Return postage costs are your responsibility.

7. Disclaimer and limitation of liability
You acknowledge that you use purchase products from us at your own risk. Except as provided by law, the products purchased from us are provided "as is" and without any warranty or representation, express or implied. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for these Terms and Conditions of Sale, might apply in relation to products purchased from us. Where liability cannot be excluded, any liability incurred by Funky Little Fella is limited as provided under the section 64A of the Australian Consumer Law.
We are not responsible for:
    loss that was not reasonably foreseeable;
    loss that was not caused by our breach of contract or by our negligence;
    indirect or secondary loss that arises from any breach by us;
    losses that relate to a business, such as lost data, lost profits or business interruption, that you or a third person is engaged in;
    any increase in loss that was caused by your breach of contract or your negligence.

You must take all reasonable steps to minimize the extent of any loss you may suffer as a result of your use of any products purchased from us. 

8.  Governing Law, Location and Miscellaneous
These Terms and Conditions of Sale shall be governed in all respects by the laws of the State of Victoria, Australia, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms and Conditions of Sale, the Terms and Conditions of Sale will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. You agree to submit to the exclusive jurisdiction of the courts of State of Victoria, Australia.

If any part of the Terms and Conditions of Sale is invalid or unenforceable, that part will be struck out and the remaining terms will remain in force.

Contact us: If you would like to request additional information regarding these Terms and Conditions of Sale, please contact us at info@funkylittlefella.com.au.

 
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