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Grandma Funk Website Terms Of Use And Disclaimer

These terms of use (Terms) govern your use of the Grandma Funk Website and all related sites including but not limited to grandmafunk.com.au (the Website). Please read these Terms carefully.

BY USING THE WEBSITE YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. You must not use this Website if you do not agree with these terms.

Grandma Funk reserves the right to change these Terms at any time, please check at regular intervals for any changes. Continued use of the Website following any change to these Terms will be deemed acceptance of those changes.

1. Ownership

The Website and all content is operated and owned by Grandma Funk (ABN 48 485 920 553), Level 1 Shot Tower Square, Melbourne Central, Melbourne VIC 3000.

2. Pricing

All prices on the Website are displayed in Australian dollars and you will be charged in Australian dollars.

Pricing is subject to change without prior notice.

3. Orders

All orders submitted through the Website are subject to acceptance by Grandma Funk.

Once you submit your order, you will receive an email to confirm receipt of your order. This email confirmation does not constitute an acceptance of the order or an offer to sell products. Grandma Funk reserves the right to refuse an order for any reason. Grandma Funk reserves the right to correct inadvertent errors, omissions or inaccuracies in relation to price, product availability, or product descriptions. Acceptance of all orders is subject to Grandma Funk confirming availability and price for products ordered. If your order is rejected for any reason you will be given a full refund for any amount paid for the order.

Grandma Funk only accepts your offer, and concludes the contract of sale for the product(s) ordered by you, when we despatch the product(s) and send an email confirming that the product(s) have been despatched to you.
Grandma Funk may cancel your order (included orders accepted by Grandma Funk) without any liability to you if any of the products in your order are unavailable, or there were any errors in price or product description on the Website at the time of placing your order, or due to technical errors in processing your order. If we cancel your order for any reason you will be given a full refund for any amount paid for the order.

4. Refunds and exchange:

Grandma Funk reserves the right to allow or disallow a refund at our discretion. Where a refund will not be accepted includes; if it is known that the product does not meet the requirements of our return policy, this includes but is not limited to:

Grandma Funk provides an exchange only on products purchased unless there is a manufacturing fault.
  • The product having been worn, washed, damaged separate to a fault, or stained.
  • Refunds must be made within 14 business days, subject to the full purchase price, less gift card amount, or promotional value.
  • Refunds will include the refund of postage costs if the product has a manufacturing fault, or another fault that is agreed upon under the Grandma funk return policy.

Grandma Funk reserves the right to provide an exchange only for grandma funk products:

  • Where the customer returns the product subject to exchange, within 14 business days, after the delivery date.
  • Where the product has not worn, washed, damaged separate to a fault, or stained in any way; and retains the original documentation to support exchange.
  • Subject to our return and exchange policy, the return and exchange form must be filled out and completed, along with the product sent in a condition that will not damage or alter the product in any way. If for any reason this form is not attached or completed or the product sent in a condition that is unacceptable, Grandma Funk reserves the right to halt or pause the return or exchange process.

5. a. Repairs:

Grandma funk reserves the right at our discretion to provide a repair or replacement:

  • The product is within the company's ability to provide a repair; or
  • The product has a minor fault in accordance with the Australian Consumer Law Guarantees; and
  • Where available a replacement of the product, may be provided.
  • Note subject to the conditions and nature of our vintage products, one of a kind pieces will not be available for replacement; alternative styles may be provided, or exchange made available.
  • b. We allow a 7 day exchange policy in store. Under Australian Consumer Law, Grandma Funk reserves the right to provide an exchange only on goods purchased.We reserve the right to not provide a refund due to change of mind. If you are unable to find a suitable replacement you will be provided with a credit note. If your item has a minor fault, we also reserve the right to repair or replace the item where possible at our cost.
  • Where a repair cannot be provided, a refund of the full purchase price, along with the value of any gift cards used will be refunded.

6. Intellectual Property

Unless otherwise indicated, Grandma Funk owns all copyright of the material on the Website. All registered or unregistered trademarks used on the Website are the property of their respective owners.

All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on the Website is owned, controlled by, or licensed to Grandma Funk. Except for viewing the content for your own personal non-commercial use, Grandma Funk does not grant you any rights to use the Website or content for any other purpose unless it expressly consents in writing.

7. Use of Website

When you access the Website, you agree that you do so on the following conditions: You may only use the Website and the Content on the Website for personal purposes unless Grandma Funk provides express written consent.

You must not:

  • Access or attempt to access any part of the Website which is not designated for access by your password.(where applicable)
  • By any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website;
  • Post, or transmit to the Website any abusive, obscene, threatening, defamatory, illegal or otherwise inappropriate material;
  • Do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or other website connected to the Website;
  • Breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
  • Interfere with any other persons use or enjoyment of the Website;
  • Use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such content;
  • Post or transmit any materials to the Website which breaches any laws relating to a person’s right to privacy or the export of personal data;
  • You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.
  • Post or transmit any materials to the Website which is incorrect or misleading;
  • Use the Website in any way that otherwise breaches these terms.
  • Use the Website or any Content in any way that is unlawful, illegal or breaches the rights of Grandma Funk or any third party;

In addition to these terms, the Grandma Funk Privacy policy applies to the use of the Website and various parts of the Website are subject to other terms and conditions. You should review these other terms and conditions carefully and not use the Website if you do not agree to these other terms and conditions.

Grandma Funk may refuse access or edit or delete material posted by you in contravention of these conditions.

8. Limited warranties

We do not warrant or represent:

  • The completeness or accuracy of the information published on our website:
  • That the material on the website is current and up to date; or
  • That the website or services provided on the website will remain available.

We reserve the right to discontinue or alter any or all our services within our website; and to postpone, pause or halt publishing on our website, at any time at our discretion, without given notice or explanation; and as expressed within this disclaimer we hold the right to represent and control our website to the full extend; consequently you will not be entitled to any compensation or other payment upon the discontinuance or modification of any website services, or if we halt publishing on the website.

9. Third Party Websites

The Website contains links to other websites controlled by third parties (Third Party Websites).   Grandma Funk is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites.

Grandma Funk makes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.

10. Cookies

Cookies may be used on some areas of our Website. A cookie is a small file placed on a user’s hard drive which tracks website navigation. For example, a cookie can be used to store registration information so that a user does not need to re-enter it on subsequent visits. If you are concerned about cookies, most browsers have an option which permits users to refuse a cookie. A user can refuse a cookie and still fully navigate our website. In order to collect statistics we may anonymously log information, and identify categories of users by items such as domains and browser types.

11. Information and services at the site

Grandma Funk updates the Website regularly, however, Grandma Funk makes no representation as to the accuracy, currency or completeness of any information or services at the Website. All information and services are provided on the basis that you undertake the responsibility for assessing at your own risk.

All information and services at the Website are provided on an “as is” basis. To the fullest extent permitted by the applicable law, Grandma Funk excludes all terms, conditions and representations express or implied.

12. Indemnity

Grandma Funk is not liable for any damages whatsoever including any special indirect or consequential damages resulting from loss of use of data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to this Site or the information contained in it. Grandma Funk does not warrant that the Website will be uninterrupted or error free.

You should seek independent advice before acting on any material or information contained in this Website of any link to a third party web site and you must not provide any warranties to third parties in relation to the contents or performance of the Website.

13. Limitation of Liability

Grandma Funk does not warrant or guarantee:

  • the accuracy or completeness of any information available on the Website;
  • that access to the Website will be uninterrupted or error free;
  • that any defects will be corrected immediately; or
  • that the Website will be free from viruses or other contamination.

Except where prohibited by law, Grandma Funk will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Website, including use of any information on it. You use the Internet and the Website at your own risk.

14. Termination of Use

You may stop using the Website at any time for any reason.

Grandma Funk reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.

Grandma Funk may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of these Terms, or is in breach of law or other regulation. Grandma Funk reserves its right to identify or bring legal action against any person who is breaching these terms, including obtaining injunctive relief.

15. Variation to Terms

Grandma Funk may vary these terms at any time, and by continuing to use the Website you consent to any variations. Grandma Funk will not notify of these variations and it is your responsibility to regularly check these terms for any variations.

16. Security

When using websites, the Internet or third party networks or facilities, you are using networks, facilities and services that are beyond the control of Grandma Funk. You assume all risk and liability of your use of the Website, the Internet, or any such third party networks, including access to the Website via such media. Grandma Funk recommends users review each website’s privacy statement before disclosing any personally identifiable information.

17. Outages

Grandma Funk reserves the right to cease, interrupt or withdraw your access to the Website for any reason, including without limitation, for upgrades and maintenance of the site.

18. Severability

If any provision of these terms is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of the agreement, which will continue in full force and effect and these terms will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision. The invalidity, illegality, or unenforceability of any provision of these Terms will not constitute failure of consideration.

19. Governing Law

These terms are governed by the Laws of Victoria in Australia, and any dispute in relation to these terms or your access or use of the website will be the exclusive jurisdiction of the Courts of Victoria.

You are responsible for compliance with all laws and regulations applicable to your location.

20. Miscellaneous

If any of these terms are unenforceable or held to be invalid, the offending provision/s will be removed from these terms and the amended terms will remain in force.

Any failure by Grandma Funk to act or enforce these Terms immediately will not be considered a waiver of Grandma Funk right to take any such action.

21. Gift Card Terms & Conditions

Grandma Funk gift cards are valid for a twelve-month period and can be used in all our stores across Australia and not online as payment.

Gift cards can be redeemed for merchandise only and not for cash. If the total amount is not redeemed, the balance remains on the gift card.

Please note, Grandma Funk gift cards are non-refundable, non-transferable and cannot be redeemed for cash. Gift Cards are treated as cash and cannot be replaced if lost or stolen.

 

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