PRIVACY POLICY

These Terms of Service incorporate our Privacy Policy, which sets out how we will use your information. By using this Website, you consent to the processing of information as described therein and certify that all data provided by you is accurate. Click here to view our detailed Privacy Policy.

Modifications to Website
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it at any time.

Unless explicitly stated to the contrary, any new features including new content shall be subject to these Terms and Conditions. Please note that although we try to ensure that the content of our website is accurate, our websites may contain typographical errors or other inaccuracies. These Terms and Conditions replace all other Terms and Conditions previously applicable to the use of our website and/or sale of the Products.

Nature of our website
Our website is a place for you to select and order children’s play equipment products (the “Products”). Our website describes the Products in more detail.

We welcome people of all ages to visit Funphix Australia, however, it is the responsibility of parents to supervise the activities of their children on the internet and utilise the tools designed to preclude children from releasing personal information online without the their parents’ permission. You must be over 18 years to purchase the Products, using the payment methods displayed on our website.

Other Websites
Please note that the Funphix Australia website may contain links to other sites and that these sites’ privacy policies may not conform to our own. This Funphix Australia Privacy Policy does not cover third party data collection practices and Funphix Australia does not assume any responsibility for any actions of third parties. You are solely responsible for reading and understanding the privacy and other policies of such websites, and for complying therewith.

Complaints about breach
If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us on the email address below.

PRICING & PAYMENT POLICY

Pricing
All prices listed are in $AUD and are inclusive of GST.

Delivery costs are clearly displayed during checkout before you make payment.

We can change the advertised price of an item at any time. The price you pay will be the price in force at the time of your order and we do not price match on special offers & weekend specials that may arise after you have made your purchase. The price on your order will be validated by us as part of the acceptance procedure. We try to ensure prices displayed on our website are correct at all times. Should a pricing error arise, we will inform you if a product’s correct price is higher than that stated on your order and you can choose to either proceed with or cancel the order.

You undertake that all details you provide to us for the purpose of purchasing products or services which may be offered by us on our website will be correct, that the credit or debit card which you use are your own and that there are sufficient funds or credit facilities to cover the cost of any products or services. As our online credit card payments are processed through a global account, please note credit card fees may apply – please check with your provider.  We reserve the right to obtain validation and verification of the authenticity of your credit or debit card details before providing you with any products or services.

Payment Options
Customers have the following payment options:

1. PayPal
2. Credit / Debit Card
3. Direct Bank Transfer
4. ZipPay*
5. AfterPay*
   *Excludes Pool Platforms

SHIPPING & DELIVERY POLICY

Shipping Destinations
All products depicted on this website are available for delivery almost everywhere in mainland Australia and mainland Tasmania.

Placing the order
When you order, shipping prices are clearly indicated on the website shopping cart. Shipping prices are based on the package dimensions and destination suburb/postcode.

Due to the bulkiness of the goods and as we deliver via courier, we cannot deliver to a PO Box. A street address must be provided at the time of placing your order.

Funphix Australia is entitled to refuse any order placed at our discretion. If your order is accepted, we will confirm acceptance to you by online electronic means to the email address you have given us during the order process. If you do not receive a confirmation email, please contact us to ensure your order has been accepted.

You undertake that all details you provide to us for the purpose of purchasing and receiving products or services which may be offered by us on our website will be correct.

Shipping Times
Shipping times will vary with the product, location, delivery method and the season. Allow 4-14 business days from the date of the order and/or payment approval, unless the item is out of stock.

If the product you order is unavailable we will inform you. In the event that we are unable to supply the product to you, we shall notify you as soon as possible and shall offer an alternative or reimburse your payment in full (at our discretion). We reserve the right not to supply you at our discretion. Incorrect personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including postcode of the delivery address and your daytime contact telephone numbers and e-mail address so we can notify you in the event of a delivery problem.

Arranging Delivery
Due to the nature of courier contract delivery, any additional charges are outside our control and Funphix Australia will not be held responsible for such costs. By agreeing to the Terms and Conditions you are also agreeing to accept additional delivery charges. You are also agreeing to be bound by all terms and conditions stated in our shipping documents.

The courier company will only attempt to deliver orders once. A “Second Delivery” attempt will incur additional costs which will be charged to the customer.

To avoid additional charges we strongly advise you either:

1. Arrange a delivery address where the order can be definitely be received and signed for;
   • Anyone over 18yrs can sign for the delivery e.g. yourself, neighbour, work colleague etc
   • Shipping Address does not have to be your residential address e.g. workplace, friend, neighbour etc
     A street address must be provided, PO Boxes can not be used

1. Request ‘Authority to Leave’ when placing the order;
   • The consignment will be left at the designated Shipping Address without requiring a signature
   • There must be a safe place to leave the consignment. Please note packages large – refer to specific product packaging dimensions

We will also contact you once you have placed your order to confirm the shipping details. You will also be provided with a consignment number and the ability to track and trace your delivery.

Delivery
Delivery will be deemed as successfully made once the product has arrived at the address specified and either a consignment note has been signed for by an adult aged 18 years or older, or if an ‘Authority to Leave’ has been requested and the goods have been delivered to the shipping address. Once delivered, products will be deemed your responsibility and any loss or damage to the Products shall then be at your own risk.

It is the recipient’s responsibility to sign for the correct number of packages as shown on the carrier’s delivery consignment note.

Should delivery be refused at the delivery address (for any reason other than damages/missing items), and re-requested for another date, you will be charged for the second delivery attempt, since we met our delivery obligations with the initial delivery attempt.

Damaged and/or Missing Items
We endeavour to provide the best Customer Service possible. Should anything go wrong, you have missing or damaged items, we will make every effort to resolve the issue quickly.

If products arrive in a damaged condition you must make a note on the carrier’s delivery consignment note and inform us within 24 hours of the delivery (preferably at the time of delivery).

If boxes look damaged on delivery we recommend clearly marking the consignment note as “damaged”. Often it will only be the outer carton that is damaged and the goods inside are fine, so we would normally advise you to accept the delivery; however it is within your rights to reject the delivery. We request that you either accept or reject the whole consignment. Please contact us whilst the delivery driver is with you if you are unsure of what to do.

If there are shortages you must make a note on the carrier’s delivery consignment note and inform us within 3 days of the delivery (preferably at the time of delivery).

You have 7 days to report missing or damaged parts from your product. Please ensure all parts are checked off as per the manual before you make a claim.

If you find that there is a defect in the product that was not caused by the shipping, contact Funphix Australia and this will be processed as a warranty claim. See Warranty

Cancellations & Order Changes
If you change an order before it has dispatched, it will incur an admin fee of $15.00.

If you wish to cancel an order without charges, it must be done no later than the day before it is due to be dispatched.

If you cancel your order via telephone your order will be put on hold until we receive written confirmation of the cancellation. You must confirm your wish to cancel the order in writing via email or post. Your order will not be considered cancelled until notification in writing is received.

Charges will be incurred if you cancel your order anytime from the day it is due to be dispatched, so if you have concerns or wish to cancel we request you contact us before the goods are despatched for delivery. Please note it is your responsibility to return the goods to us at your cost. See Returns & Refunds

In either case, customer must request Return Authorisation from Funphix Australia in order to receive a refund for the product.

For further information regarding delivery please contact our customer services team.

RETURNS AND REFUNDS POLICY

When a customer purchases through Funphix Australia they acknowledge that they have read and understood the applicable Returns & Refunds policy

1. Funphix Australia will not issue a refund for opened/used products (i.e. taken out of the box and used)
   All returned products must be disassembled and packed in an as new a condition, fit for re-sale. If this is not the case then the returned item will be refused or you will be charged in line with our terms and conditions.
2. You must notify us of your wish to cancel the order within 7 days of receiving the goods, and the item(s) must be returned within 14 days

3. If the packaging was damaged on initial arrival at the delivery address, it is your responsibility to obtain suitable shipping materials to send kit back to Funphix Australia

4. Before returning any products, you must contact Funphix Australia and request a RA (Return Authorization) number. You will be asked several questions. Based on your comments, the RA will be issued with instructions and a return shipping address to Funphix Australia. Please note that you must send the product back to the EXACT address stipulated in the RA

5. All returns will only be processed if the customer has requested and received a Return Authorization (RA) number from Funphix Australia. If you return the product without an RA approval, it will not be accepted

6. Please note it is your responsibility to return the goods to us at your cost. If you wish, we can arrange for our third party courier to collect the goods from you, but it will be your responsibility to cover these costs. We strongly recommend returned items are sent insured and with a signed for (proof of delivery) service because we cannot accept liability for items damaged or “lost in the post”. Any items returned that have missing parts, or damaged caused through lack of care or attempted build and disassemble will be subject to charges for repairs/replacements

7. After the product has arrived back to Funphix Australia we will inspect the product to ensure all components are re-saleable. A 15% re-stocking fee of the value of the goods will be charged to the customer to cover the cost of inspecting and repacking the product in a new box(es)

8. If the goods are damaged whilst in your care (including damage caused in assembling or disassembling the goods) and/or if you fail to return all part or all of the goods, you agree the cost to replace the missing or damaged components will be deducted from any refund received

9. Once the product has been received in unused condition, fit for resale as new, we will refund only the purchase price of the product. No credit or refund will be issued for any shipping costs to or from your location.

10. If the item is determined to be defective or shipped as a result of an error by Funphix Australia or the manufacturer, the purchaser will be refunded all shipping and handling fees

11. Your refund will be processed within 10 business days from the time Funphix Australia receive the goods.

12. Refunds will normally be processed back onto the card originally used to purchase the product(s). We reserve the right to refund by an alternative method if more appropriate at the time of cancellation/refund.

13. Where exchange rates of currency are involved, the refund will be made in $AUD at the current exchange rate. We do not accept responsibility for any loss or gain caused by changes in the exchange rate between the time of ordering and the time of issuing the refund. These terms do not affect your statutory rights

WARRANTY & MAINTENANCE POLICY

Warranty

From date of purchase, Funphix offers a five year warranty on Funphix tubes, connectors, panels, screws, and slides when used indoors, and a three year warranty on Funphix tubes, connectors, panels, screws, and slides when structures have been or stored outdoors for greater than 3 months. All other products, including pool platforms, a one year warranty applies. The warranty covers defects in material or workmanship provided that the products are used for their intended purpose and maintained according to the supplied instructions. Any damage resulting from misuse, improper maintenance, unauthorized alterations, on-sell or resale is excluded. In addition, your statutory consumer rights under the Australian Consumer Law (ACL) remain fully effective.

Assembly
Our play equipment is designed to be assembled and disassembled to be repurposed in order to create different models. We provide an instruction manual which details all aspects of construction. Whilst we make every effort to ensure all sets are complete, on occasion there may be shortages, losses or damages that happen during packing, shipping, picking or delivery. We will always replace missing or damaged components, but require notice to be able to get them to you. We cannot be held liable for damage due to improper use.

MaintenanceAs per the warranty of our products, regular maintenance is required. All connections and screws should be checked regularly to maintain the longevity of the product.

Maintenance Instructions:
Regular maintenance and proper use are required to assure maximum life and performance of this product.

• Only let children play with the Funphix model when temperature and weather conditions are conducive for it
• Do not expose Funphix models to a temperature higher than 40°C
• Do not leave the model outside for prolonged periods of time when not in use
• Always mount the model in a way that it is in the shade or at least the large surfaces are not under direct solar radiation
• Under very high temperatures, check the model for spots that under adverse circumstances might have gotten too hot and could now be unstable
• Always ensure structures are stable or are firmly anchored to the floor, in the ground or wall
• Regularly check all parts for faults, wear or other deterioration. Replace as needed
• Always check components for cracks which may occur is a component is over stressed. Replace cracked part immediately.
• Always check screw connections to ensure they are tight
• Only let children build or play under supervision by adults
• Rake and check depth of loose fill protective surfacing materials to prevent compaction and to maintain appropriate depth. Replace as necessary
• Maintain the safety area around the play equipment by making sure surfaces are kept leveled and clear of any obstructions
• Always store small parts such as screws out of the reach of children under 3 years
• Play equipment can be easily cleaned with any standard household detergents. When outdoors, simply hose off with clean water. Avoid using any abrasive materials as they will scratch and dull the plastic.

Questions about the Terms of Service should be sent to us at info@funphix.com