TERMS & CONDITIONS
WELCOME TO FNQ GIFTS
FNQ Gifts provides access to the FNQ Gifts website (the "website") and sells our products to you subject to the conditions set out on this page. Please read these conditions carefully before using the website. By using the website, you signify your agreement to be bound by these Terms and Conditions.
The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. This website may include inaccuracies or typographical errors. FNQ Gifts and any other persons involved in the management of this website may make changes in the products and prices described in this website, and to the content of this website, at any time without notice. FNQ Gifts shall not be responsible for any detrimental reliance you place on this website or its contents. Use of this website is on an "as is" basis and is entirely at your own risk.
Unless otherwise agreed to in writing by FNQ Gifts, the contents of this website and all goods that may be provided in any connection with this website are provided "as is'', and are for consumer end use only, and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, for a particular purpose, or non-infringement, are denied and disclaimed, except to the jurisdiction. Except as otherwise expressly agreed, FNQ Gifts makes no representations, warranties, covenants or guarantees as to the quality, suitability, truth, accuracy or completeness of any of the contents of this website, or any goods that may be provided or sold in any connection with this website. Any representations, warranties or covenants with respect to any goods referred to in this website shall be subject to, governed by, and as stated in the applicable contract governing the provision of same.
In connection with your viewing and use of this website, except for any commercial transactions that may be undertaken in connection with this website, FNQ Gifts shall not be liable for any damages, harm, liability, loss, cost, expense, or injury suffered in any connection with this website whatsoever, including as a result of using, accessing, copying, or downloading any part of this website's content. In no event shall FNQ Gifts be liable for any direct, indirect, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach of contract, or in tort, negligence, equity, or otherwise even if FNQ Gifts has been previously advised of the possibility of such damage.
You agree to have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the website and will not make a claim against FNQ Gifts for lost data, re-run time, data corruption, communication interception, inaccurate output, work delays or lost profits resulting from any use of this website.
You agree to hold FNQ Gifts absolutely harmless from, and you covenant not to take any action against FNQ Gifts for any claims based on using this website.
Only order Products in accordance with the instructions on this website; and
Pay for the Products in full (without set-off or deduction of any kind) by authorising us to charge your Credit Card or PayPal account.
While we will endeavour to fulfil your order, we will not be liable to any person if we decline to fulfil an order, or we are unable to supply the Products in your order. No contract for sale and purchase of Products will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation. Some Products may be unavailable from time to time. We reserve the right to alter, upgrade or discontinue any Product or information contained on the Site without notice.
We may cancel orders if we believe that they are fraudulent, or if an error has occurred including, without limitation, listing with an incorrect price or information.
All Transactions will be charged by "FNQ Gifts".
The price for the Products will be:
- the price in Australian dollars including Australian GST; and
- the costs associated with additional services and delivering the Products to you,
- as quoted on the Site at the time of placing your order.
Where you require the Products to be packaged in a non-standard manner, we may charge for the cost of the packaging in addition to the abovementioned costs.
We may alter the prices of the Products at any time without notice.
Payment must be effected in the manner described on the website. Prices are inclusive of Goods and Services Tax.
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
FNQ Gifts reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Promotions and Offers
All promotions and offers are exclusive to fnqgifts.com unless otherwise stated. Any promotion or offer may not be used in conjunction with another unless otherwise stated. Promotions and offers are subject to availability and we reserve the right to revoke promotions and offers at any time and for any reason without notice.
We reserve the right to run promotions and offers for set periods of time and in specific geographies and not others if it so chooses.
Free gifts cannot be exchanged for cash, resold by the purchaser, or returned for a refund or replacement unless the product is faulty.
We will deliver the Products to the premises nominated in your order at your cost (at the rate specified herein), within a reasonable time of accepting your order. If we have specified a delivery date, we will try to deliver the Products to you by that date. We will not be liable to you for late delivery. Late delivery does not entitle you to cancel any order or part of any order once it has been deemed as “processed”..
We may deliver the Products to you by instalments and each delivery will be a separate contract independent from the other deliveries.
We will re-deliver, replace or refund the Product (at our option) if we have incorrectly addressed the delivery. We take no such responsibility if you provided an incorrect or insufficient address.
Title and Risk
We remain the owner of the Products we supply to you until you have paid in full all amounts that you owe us for all the Products. The Products are at your risk as soon as they leave our premises for delivery to you.
Limitation of Our Liability
To the extent permitted by law, all express or implied conditions and warranties in connection with the Site, the Service and the sale of any Products are excluded.
We do not exclude liability under any condition or warranty which cannot be excluded by law. In those circumstances, to the extent permitted by law, we expressly limit our liability for breach of a condition or warranty implied by virtue of any law at our option to:
the replacement of the Products; or
the supply of equivalent Products; or
making a full refund to you.
Where you resupply the Products in trade:
to a person, you must include a term in your contract with that person that, to the extent permitted by law, all express or implied conditions and warranties in connection with the sale of any Products are excluded; and
you must not make any representation in relation to the performance, quality or application of the Products without our prior written approval.
Return of Products
Subject to your rights at law, we will only accept the return of Products if:
we accept that the Products were damaged or faulty at the time of delivery to you, in which case we will (at our option) replace the Products or credit your Credit Card Account with a full refund; or
we accept that you have received a Product from us that is different to the one you ordered, in which case we will (at our option) replace the incorrect Product with the correct Product or credit your Credit Card Account with a full refund.
You must pay all costs of returning Products to us, however, we will refund those costs if we accept the return of Products under clause 9. All Products returned must be in their original condition and packaging (except for defective or faulty Products) along with any accompanying accessories and an explanation for returning the Products.
Please return orders to: FNQ Gifts. 127 Howard Kennedy Drive, Babinda. QLD 4861
If you have any problems regarding your order - you may contact us at email@example.com.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You must not use the website for any of the following:
for fraudulent purposes, or unlawful activity;
to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or which consists of, or contains, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam'
Copyright and database rights
We are passionate about our product and have spent many hours researching and developing our range. We ask that you respect this and do not copy, reproduce or publish any web site content without our express permission. All images and products depicted on this web site are protected by Australian copyright laws, international copyright and database right laws.
You may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without FNQ Gifts’ express written consent.
When you place an order to purchase a product from FNQ Gifts, we will send you an email confirming receipt and the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we dispatch that product to you and is confirmed by an email with confirmation that we have dispatched the product. That acceptance will be complete at the time we send the Dispatch Confirmation Email to you.
You are seeking to enter into a contract with FNQ Gifts when you place an order.
This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current as maintained. FNQ Gifts is not responsible for the content or privacy practices associated with linked websites.
The links with other websites should not be construed as an endorsement, approval or recommendation by FNQ Gifts or the owners or operators of those linked websites, or any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
When you visit the website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
You agree to indemnify and keep us indemnified against all loss (including, without limitation, loss of profits), costs, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, your access to, or use of, the Site, or the supply or non-supply of Products.
You further agree to indemnify and hold us harmless from any claim or demand, including legal fees on full indemnity basis, made by any third party due to or arising out of:
- a breach of these Terms by you; or
- the infringement by you, or another user of the Service using your name and password, of any intellectual property or other right of any person or entity.
Governing law and jurisdiction
These conditions are governed by and constructed in accordance with the laws of Queensland, Australia. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of Queensland.
Your statutory rights are not affected by these terms and conditions.
127 Howard Kennedy Drive
Babinda QLD 4861
Registered in Australia
ABN Number: 88402944613
Email Address: firstname.lastname@example.org
PRIVACY & SAFETY
We value your privacy and will not disclose your personal information to any third-party.
However, FNQ Gifts uses Square to process payments and may forward some of our customer's information to finalise payment.
This data may include:
Device Information. Information about The Customer’s device, including hardware model, operating system and version, device name, unique device identifier, mobile network information, and information about the device’s interaction with our Services.
Financial Information. Bank account and payment card numbers.
Identification Information. The Customers’ name; email address; mailing address; phone number; government-issued identification; or other historical, contact, and demographic information, and signature.
Location Information. The location of The Customer’s device if they pay with Apple or Android Pay.
Transaction Information. When The Customers use Square to make or record payments to you, we collect information about when and where the transactions occur, the names of the transacting parties, a description of the transactions which may include item-level data, the payment or transfer amounts, billing and shipping information, and the devices and payment methods used to complete the transactions.
Use Information. Information about how The Customers transact with FNQ Gifts using our Services, including access time, “log-in” and “log-out” information, browser type and language, country and language setting on FNQ Gifts device, IP address, the domain name of The Customer’s Internet service provider, other attributes about The Customer’s browser, mobile device and operating system, features The Customer uses, and the date and time of use of the Services.
Other Information FNQ Gifts or The Customers Provide. Information that The Customers voluntarily provide FNQ Gifts, or that FNQ Gifts input into Square’s systems about FNQ Gifts Customers. For example, survey responses; participation in contests, promotions, or other prospective seller marketing forms or devices; suggestions for improvements; notes FNQ Gifts take about FNQ Gifts customers, or any other actions performed when they transact with FNQ Gifts using Square.
We would love to partner with your business. For wholesale enquiries or to be forwarded our wholesalers and distributors information packet, please email us at email@example.com
Credit / Debit Cards
Google Pay / Apple Pay