TERMS & CONDITIONS

Fontanella General Terms & Conditions

Updated July 2017 Welcome to Fontanella! The website and the online store made available at www.fontanella.com.au (Site) is operated by Globus Investments Pty Ltd ABN 22 117 345 374. “Globus”, “we”, “us” or “our” mean Globus Investments Pty Ltd ABN 22 117 345 374. “You” and “your“ are reference to the person accessing or using our Site. We reserve the right to amend the Terms of Use at our sole discretion at any time and without notice. This is important information and we strongly encourage you to read this in detail. By accessing our Site and/or placing an order, you agree to be bound by the terms and conditions set out below (Terms) as well as our privacy policy. We may make changes to our Site regularly and may update the Terms at any time.  Any changes to these Terms will be effective on the date they are posted on our Site and by continuing to use our Site you accept the updated Terms. It is your responsibility to check the current Terms regularly to be sure you are up to date. You should immediately cease using our Site if you do not agree with our Terms.
  1. YOUR ORDER
When you place your order with us on the Site, you will pay the total order price as advertised on our site at the time of your order.  This may include shipping and insurance charges based on the shipping options that you select, and we will show you these separately on your invoice.  All amounts are stated in Australian dollars and all prices include Australian GST (where applicable). Each order you submit on our Site constitutes a binding agreement between you and us and you agree to be bound by these Terms. We will use our best effort to make sure you will receive what you order, however our products are made available for purchase on a ‘first in first out’ basis and are only available whilst stocks last. If we are unable to fulfil your order for any reason, or if there is a delay (e.g. an out of stock product), we will contact you as soon as practicable advising you of the delay. If we are unable to fulfil your order at all for whatever reason, we will refund you the same way you paid, or offer you a credit, for the full value of the item including any shipping costs paid. Currently, we are only able to fulfil orders for delivery in Australia. If you are unable to receive your order in Australia, you should refrain from making an order on our Site. Any orders with a shipping address outside of Australia will be cancelled and full payment will be refunded to you.
  1. PAYMENT
Once your payment has been processed through our secure payment gateway (e.g. Paypal), your order will be considered final and the processing can get underway. Different payment gateways may accept different payment methods. We accept payment by Visa, Mastercard or Paypal. International credit cards. American Express or Diners cards are not accepted on our Site. Please be sure to provide the same billing address and telephone number as those recorded with your credit card issuer. Incorrect information may cause a delay in processing your order. Payment will be processed as soon as your order is finalised. You will receive a tax invoice by email on completion of your order. If your payment is not authorised for any reasons, we may cancel your order. We reserve the right to cancel any order that appears suspect or fraudulent and all such transactions will be reported to the relevant authorities for further investigation. Any refund issued will be credited back to the same payment method you have used to make your purchase. The refunds may take several business days to appear on your account or statement.
  1. DELIVERY
Your order will be shipped to you according to the method of delivery you have selected. We use Australian Post for our deliveries and products ordered through the Site will be delivered to the address nominated on your order. You acknowledge and agree that any person accepting delivery at your nominated delivery address is authorised by you to do so. If no-one is available to collect your order at the time of delivery, Australia Post may leave written instructions on how your order may be collected. Once your order is on the way, we will send you an email confirmation which may contain your order number, details of your order and a link to track the order progress. While we take care to make sure that the confirmation email is sent as soon as possible after an order is made, we cannot guarantee that receipt and will not be held liable for any delay in your receipt of the confirmation. You should add our email address in your contacts to ensure your confirmation emails are not redirected to your junk mail folder or blocked by your internet security control. By placing an order, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosure and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We reserve the right to charge shipping fees in addition to the cost of your order. The shipping cost may vary depending on the type of delivery method you have chosen. We will inform you of the cost at the time of checkout. By proceeding with checkouts and completing your order, you agree to pay the shipping costs specified on the order. Please note that the delivery can only be made once the payment has been properly processed and authorised. We reserve the right to withhold delivery for any orders which appears suspicious or payment has been rejected. Different shipping times may apply depending on the delivery method chosen. We will not be responsible for any delay or failure to deliver if the delay or failure is caused by something which is beyond our reasonable control such as riots, attacks, strikes or natural disasters.
  1. RETURNS
You have certain rights under the Australian Consumer Law. In addition to these statutory rights, you are entitled to exchange or refund of your order in the following circumstances:
  • Change of Mind
We value our customers at Fontanella. If you change your mind after a purchase, you may return your purchase to us provided that:
  • You return the item within 30 days of the date of purchase;
  • You have valid proof of purchase (e.g. our tax invoice or confirmation);
  • The product and packaging is unopened and in its original condition;
  • The product is in re-saleable condition; and
  • The product has not been used or damaged.
If your return satisfies the above conditions, you will be entitled to a refund of your full purchase price. Shipping costs or delivery fees are not refundable for change of mind returns. Exchange or refunds for change of mind is not available for products which have been opened, used or damaged in any way. For change of mind returns, please notify us in writing by email to service@fontanella.com.au  within 30 days of the purchase with details of your purchases. Once your return is authorised and processed, we will send you a “Postage Paid” parcel label and instructions. You must return the product to us using the parcel label and instructions. If you received a gift from us with your order, you must also return the gift with the product for us to process your refund. We will evaluate your returned product before your refund will be processed. We will process your refund within seven working days of receiving your product if it satisfies the above conditions. If your product is not eligible for a change of mind refund, we will notify you immediately in writing.
  • It is not what I ordered
We take care to ensure that your order is dispatched quickly and accurately. Mistakes may happen from time to time and you may be sent the incorrect products. If this happens, we will exchange the incorrect products free of charge or provide you with a full refund of your purchase price and postage. If you have received the wrong products or your order is incomplete, please notify us in writing by email to service@fontanella.com.au as soon as possible with details of your purchases so we may assist you with any exchange or refund requests. Products which require exchange or refund under this circumstance must be unopened and in its original condition. We are unable to exchange or refund partially opened products even if it is not what you have ordered.
  • Damaged Goods
In the unlikely event that the product you receive is damaged, we will exchange the damaged products free of charge or provide you with a full refund of your purchase price and postage. If you have received damaged products, please notify us in writing by email to service@fontanella.com.au as soon as possible with details of your purchases so we may assist you with any exchange or refund requests.
  • Consumer Guarantee
From time to time, we may offer 100% money back guarantee for some of our products. If your order is covered by our guarantee, you will be entitled to a full refund of your purchase price and shipping cost if you decide to return your products. All products subject to exchange or returns pursuant to this guarantee must be in the same condition as those referred to in Change of Mind guarantee. We reserve the right to withdraw our 100% money back guarantee at any time without further notice.
  1. PRODUCT DETAIL
We take care in ensuring that the accuracy and currency of the detail of the products available on our Site. In the unlikely event that any information contained on the Site is incorrect, we will update this information with urgency and notify such changes by way of posting notices on our Site as soon as possible. We disclaim to the full extent permitted by law any liabilities arising from any inaccuracy of the information.
  1. TYPOGRAPHICAL ERRORS
Information, including prices, may be inaccurately displayed on our website due to system or typographical error. We do not honour inaccurate or erroneous prices. If we have made an error and an item is listed at an incorrect price, we reserve the right to correct any and all errors when they do occur and we may refuse or cancel any orders placed for this item, including where orders have been confirmed and paid but not yet despatched.  We will notify you of such cancellation. If your credit card has already been charged and your order is cancelled, we will issue a refund immediately to your credit card for the amount you’ve paid with our sincere apologies.
  1. YOUR ACCOUNT WITH US
Please keep your details safe! To ensure that your shopping experience with us remains safe and secure please do not give your username and password to anyone else.  We assume that any use of our website using your user name and password is you, and as such, you are responsible for any such use. If you are made aware of any improper use, or if you disclose your user name and password to anyone else, please contact us during our business hours on info@fontanella.com.au or 1300 022 400.
  1. MEDICAL INFORMATION
This Site may contain information about common medical conditions and general treatments. The information provided is for general information only and should not be taken to constitute personal or medical advice. While we attempt to ensure that the content is current and accurate, we cannot guarantee its accuracy or currency. We encourage you to seek professional and medical advice before relying on any of this information. Information available on this site should not be used for diagnosing or treating a health problem or disease. Please see a healthcare practitioner and read the label before following any medical or health regime or before taking any medication or supplement. In the event of illness or the persistence of symptoms, you should seek the advice of your health care professional.
  1. THIRD PARTY LINKS
Our Site may provide, or other third parties may provide, links to internet sites or resources operated by third parties (Links). The Links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on the Links and have no control over or rights in the Links. We make no representation on the accuracy and currency of the information contained in the Links and is in no way liable for any damages you may suffer in accessing the Links.
  1. COPYRIGHT INFORMATION
The website is owned and operated by Globus.  All materials on this site, including the text, site design, logos, graphics, icons and images, are solely our properties.  No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without our prior written permission.  All other rights not expressed in detail here are reserved.
  1. DISCLAIMER
To the fullest extent permitted by law, we have no liability to you or any other person for any loss of or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage however caused which may be suffered or incurred or which may arise from or in connection with your use of our Site or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these Terms.  We do not warrant that any of the functions contained on our website or your access to our website will be uninterrupted or error-free, or that any notifications, will be made in a timely manner, or at all.
  1. GENERAL
At the Globus we take your privacy seriously. Before you share your personal information with us please read our Privacy Policy carefully, which is available by clicking here. Globus may at any time and at its sole discretion, terminate your use and block or prevent your future access to and use of the website. Please make sure when using our Site that you:
  • only provide us with up to date an accurate information;
  • use this Site for non-commercial use and for its intended purposes and no other;
  • do not violate any applicable laws, or use this Site in such a way that is prohibited by these Terms;
  • do not distribute viruses, corrupted files or any similar programs that may damage or interrupt the operation of this Site, or damage the operation of or otherwise interfere with the use of any hardware or software associated with this Site;
  • respect the privacy of other users of our Site and not to collect or store information about other users of this Site; and
  • do not conduct any other activities that may prevent others from accessing this Site.
These Terms are governed by and construed in accordance with the laws of New South Wales Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.