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TERMS OF USE

Welcome to the FANTACI website, which is provided to you by Up Import and Export Pty Ltd trading as FANTACI (ABN 65 621 480 215) (“FANTACI”, “we”, “us”, “our”).

Your use of this website is governed by the policies, terms, and conditions (“Terms”) set out below, so please read them carefully.

These Terms, together with any other policy in relation to the supply or return of goods that is made available on our website from time to time, form the whole of the agreement between you and FANTACI in respect of your use of the website and any purchase of goods from FANTACI (“Goods”) made through the website.

Your use of this website indicates your acceptance of these Terms and any other applicable policy. To the extent that any inconsistency arises between these Terms and a separate policy in relation to the supply or return of goods that are published on our website, that policy will apply. These Terms will otherwise supersede and replace any subsequent terms or conditions provided by you or on your behalf to us in connection with an order for Goods you make through our website (“Order”), whether or not such terms or conditions are signed by FANTACI.

FANTACI reserves the right to make changes to this website and these Terms at any time. By ordering or registering on any of our websites you grant us the right to add your contact details to our database and use them to contact you regarding your Order, shipping, and other products or promotions. From time to time we may contact you about offers and new products. You can easily be removed from our subscriber list by either unsubscribing via a link in any email you receive from us, or by contacting our Customer Support at hello@fantaci.com.au.

 

A. YOUR USE OF THIS WEBSITE
  1. USE

This website is for your personal use unless otherwise approved by FANTACI.

You are free to simply browse our website to learn more about us and what we do.  You should carefully consider whether this website and the products we provide are suitable for your needs, and get independent advice if you need it.

Whether or not you register for an account, you must not (without FANTACI’s express permission):

  • post or transmit anything to this website or to us, or otherwise use the website in any way, that is misleading, fraudulent, or unlawful or is otherwise threatening, abusive, defamatory, invasive of privacy, vulgar, offensive, obscene, profane or objectionable;
  • restrict or stop other users from using or enjoying this website;
  • access data or any part of the website that is not intended for you or which you are not authorised to access, or attempt to obtain goods or services to which you are not entitled;
  • modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material on this website;
  • use or attempt to use any material published on the website to create any other website or publication;
  • transfer or sell any information, functionality, or products or services made available on or through the website, or represent that you are entitled to do so;
  • pretend that you are or represent someone else;
  • probe, scan, or test our website or any related system or network for the purpose of breaching security or authentication measures or interrupting access or functionality;
  • track or monitor any content, user, or website functionality; or
  • impose an unreasonable load on our systems or networks.

If we believe that you have not complied with these Terms or any other agreement with FANTACI at any time, we may immediately cancel any Order, terminate your access to this website, or restrict your use of the website, and you agree that we may do so without prior notice to you and without liability to you or anyone else.

  1. ACCOUNT MANAGEMENT

If you wish to buy Goods, you may first be required to create an account on our website.

You are responsible for your use of this website, and you must not give your account details to anyone else.  If someone else accesses this website using your account details, then you are also responsible for use of the website by that person.  If you believe your account has been or may be accessed by an unauthorised user, it is your responsibility to update your account details and to notify FANTACI immediately of any potential security breach or fraudulent activity. Although we will not be liable for any loss you suffer as a result of unauthorised use of your account, you will be liable for any loss we suffer (except where the unauthorised use or access was outside your reasonable control).

  1. YOUR CONTENT

Nothing in these Terms affects the ownership of any words, images, or other materials that you post or submit to the website or otherwise provide to us, or post to a public forum or social media channel in connection with us, an Order, or Goods (“Content”), if any.  By providing Content to us, you:

  • represent that any information comprising the Content is true and correct and acknowledge that FANTACI will rely on that information in entering into any agreement with you;
  • promise that you own or have the right to use any Content that you submit on or via the website, and that use of your Content on or via the website will not infringe anyone else’s rights; and
  • you give us a world-wide, non-exclusive perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify and communicate your Content for the purpose of operating the website and the FANTACI business, including providing goods and/or services to you.

We may edit, modify, delete, remove or take down any Content within our possession or control that we believe (in our sole discretion) is in breach of these Terms or is otherwise unlawful, without notice to you and without us incurring any liability.  We are under no obligation to monitor or moderate any Content.  The opinions expressed in any Content are the opinions of the provider of that Content and do not constitute opinions of or representations made by FANTACI.

  1. OUR CONTENT

The website and everything on this website (excluding your Content) is either owned by us or is licensed to us.  This includes: (i) the design, compilation and look and feel of this website; (ii) all copyright, trademarks, designs and other intellectual property displayed on or incorporated into the website; (iii) all intellectual property rights subsisting in the Goods; and (iv) all other trade marks, logos, business names, or domain names used in connection with the website and our business (unless otherwise stated) (Together, “FANTACI IP”).

Subject to your compliance with these terms, we grant you a non-exclusive, revocable, world-wide, royalty-free licence to access, use, and download the FANTACI IP only for the limited purpose of accessing and using our website, including communicating with us and buying our Goods or services.

You must not copy, reproduce, adapt, transmit or distribute any of our content or use the FANTACI IP in any way not expressly permitted in these Terms (or otherwise allowed by law). All rights in the FANTACI IP are strictly reserved to FANTACI and its licensors and nothing in these Terms creates an assignment in respect of the FANTACI IP.

 

B. ORDERS

5. ACCEPTANCE POLICY

Your receipt of an Order confirmation, in electronic or any other form, does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell Goods to you. A contract will not be formed between FANTACI and you for the purchase of goods until you receive a shipment confirmation email from us. FANTACI reserves the right to, by written notice to you at any time after receipt of your Order but before shipping confirmation is provided, decline your Order for any reason or supply less than the quantity of Goods ordered.

FANTACI is a supplier of furnishings, internal and external materials and finishes and will accept Orders from resellers, dealers, exporters, wholesalers, or other customers who intend to resell the products offered by FANTACI by contacting our Customer Support at hello@fantaci.com.au, the website is otherwise for use by individual retail consumers only.

6. PRICING & PAYMENT

  • Prices on the website (Prices) are subject to change without notice to you. You agree to pay FANTACI the Prices as quoted at the time of Order, which will be charged to your nominated method of payment (where valid and accepted).
  • Prices quoted are in Australian Dollars.  You acknowledge and agree that all credit cards will be charged in Australian Dollars and the prices confirmed at the time of Order are inclusive of GST and applicable taxes, fees, and charges unless otherwise notified to you prior to purchase.
  • In the event that a product is listed on our website at an incorrect Price or with incorrect information due to typographical error or error in pricing or product information, FANTACI shall have the right to refuse or cancel any Orders placed for such products (including if such Orders have been confirmed or payment of the Price has been processed).
  • If your payment has already been processed and your Order is cancelled, FANTACI will issue a credit to your account in the amount of the Order.

 

7. ORDER CANCELLATIONS

If you notify us before Goods have been dispatched, FANTACI may, but is not obligated to, accommodate Order cancellations. If items have been shipped, FANTACI reserves the right to refuse Order cancellation or charge a reasonable cancellation fee should we be able to request the return of the package from our delivery service. Apart from the foregoing, an Order cannot be cancelled once placed by you.

8. CHANGE OF ADDRESS

The shipping address for your Order is shown in the checkout and on your Order confirmation and shipping confirmation emails. In the event that an incorrect address was entered, address changes can only be made before the Order is shipped. FANTACI cannot accommodate all address change requests. FANTACI takes no responsibility for Orders shipped to an address provided by you that is incorrect or invalid and is not liable for any loss, cost, expense, or damage arising from an Order being shipped to such an address.

9. PRIVACY

Any personal information you provide to FANTACI will be collected, used, stored, and disclosed for the purpose of processing your Orders, providing information about our products or services, and communicating with you as a member of the FANTACI customer community and otherwise in accordance with applicable law.

 

C. DELIVERY & RETURNS

10.DELIVERY

The delivery times provided by FANTACI are estimates only. You are not relieved of any obligation to accept delivery of or pay for Goods because of a delay in delivery.  FANTACI will make all reasonable efforts to deliver the Goods to you at the time and on the date agreed as the delivery date, however, time is not of the essence under these Terms and, except where FANTACI has an obligation under the Australian Consumer Law, FANTACI is not liable for any failure to deliver or delay in delivery for any reason including, without limitation, where an event beyond our reasonable control occurs (such as a result of any strike, trade dispute, fire, tempest, theft, breakdown, or similar). You agree that FANTACI is not liable to you for any cost, expense, loss or damage arising out of such a delay in delivery or a failure in delivery.

If the option for customer pick-up is available for Goods you wish to order, pick-up can be arranged from our Melbourne warehouse at no additional cost to you.  FANTACI is not liable to you for any failure to collect the Goods or delay in collection when you elect to pick up Goods from our Melbourne warehouse yourself. If you fail to collect the Goods within a notified collection period, FANTACI may (at our election) ship those Goods to your nominated contact address at your cost, or refund payment received in respect of the Goods, in which case we cannot guarantee that replacement Goods will be available.

 

11.FAULTY PRODUCT RETURN, REFUND, OR REPLACEMENT

If you have received a product which you believe is faulty, please contact our Customer Support to arrange a refund, replacement or repair at hello@fantaci.com.au. If a Warranty applies to your product (see clause 12 – Warranties of these Terms), that Warranty applies in addition to your rights under the Australian Consumer Law as contemplated below, and does not replace or exclude any of those rights.

Returned products must be in as new condition (except to the extent they are faulty) and sent to the return address indicated on your Order or shipping confirmation. We do not accept responsibility for lost items.

For all furniture and decor products, we will happily exchange or refund your item for change of mind within seven days of the delivery date, provided the item and its packaging are in original, complete and undamaged condition. Any Goods returned outside of this period or returned damaged or soiled (unless faulty) will not be replaced, refunded, or returned to you.

Where Goods have a defect, FANTACI may (at its sole discretion): (i) refund the Price paid for the Goods (including a partial refund); (ii) replace the Goods; (iii) have the Goods repaired; or (iv) pay the cost of having the Goods replaced or repaired (see clause 16 – Our Liability to You for more detail).

The FANTACI returns policy (as set out here or elsewhere on our website) does not seek to limit your rights and FANTACI’s rights and obligations under the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010).

 

D. WARRANTIES

12. CONSUMER GUARANTEES 

FANTACI products 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. See clause 11 – Faulty Product Return, Refund, or Replacement.

FANTACI Additional Guarantees

Safety and quality are priorities for us in supplying any FANTACI product. We love our products, and believe you’ll love them too, which is why we guarantee we will provide you with a repaired or replacement product, refund, or store credit for inherent materials or manufacturing defects as follows:

Furniture

  • structural defects in the frames of all indoor sofas, chaise, armchairs, chairs, tables, and storage (five years from the date of delivery);
  • defects in electrical accessories within indoor furniture products (three years from the date of delivery); and
  • any other defect in materials or manufacturing (one year from the date of delivery).

 

Interior Products

  • tapware, sinks, shower mixers, and bathroom fittings (seven years from the date of delivery for ordinary finishes or three years from the date of delivery for special surface finishes, as applicable);
  • sanitaryware and acrylic bathtubs (five years from the date of delivery);
  • cabinets, carcasses, doors and hardware (five years from the date of delivery); and
  • all mirror products and LED mirrors (one year from the date of delivery).

 

These FANTACI Additional Guarantees apply in addition to, and do not replace, limit, or exclude, other rights and remedies that might be available to you as a consumer under the Australian Consumer Law.

These FANTACI Additional Guarantees apply in addition to, and do not replace, limit, or exclude, other rights and remedies that might be available to you as a consumer under the Australian Consumer Law.

Warranty Details & Limitations

  1. The FANTACI Additional Guarantees are provided by Up Import and Export Pty Ltd trading as FANTACI (ABN 65 621 480 215) of 3/11-12 Phillip Court, Port Melbourne VIC 3207.
  2. The FANTACI Additional Guarantees are for the benefit of the original purchaser of the product only. Proof of purchase may be required by FANTACI as a condition of any claim.
  3. FANTACI products are supplied to the purchaser for personal household use only. The FANTACI Additional Guarantees do not apply to any commercial use of your products.
  4. In order to enjoy the peace of mind that this warranty affords and to ensure the optimum performance of your product, you must comply with all instructions relating to ongoing care and maintenance. Any faults that occur as a result of failure to comply with the included care and maintenance directions will not be covered by the FANTACI Additional Guarantees.
  5. The FANTACI Additional Guarantees will otherwise not apply where the defect in, or failure of, the product arises in whole or in part from:
  • negligent and/or improper use of the product (including, but not limited to, a failure to comply with the included care and maintenance directions, subjecting the product to incorrect or inconsistent electrical supply or use with inappropriate accessories, or unauthorised modification or tampering of any kind);
  • any change or deterioration that can be reasonably expected as a result of normal wear and tear or environmental factors (including creasing or fading of leathers and timbers and fabrics, and foam and fillings softening and forming to the shape of the user over time);
  • anything that is an intentional characteristic or design feature of the product (including scars, marks and differing pore density and colour in timber and leather, or minor variances in colour, size, shape, and weight from specifications or sample products); or
  • any installation of the product by unlicensed tradespeople, installation not in accordance with the relevant law, regulation, standard, industry practice or the manufacturer’s instructions, or any damage that arises from installation.
  1. All claim assessments, as notified by FANTACI, are final. FANTACI will determine the appropriate remedy (repair, replacement, refund, or store credit) in its sole discretion. Any repair or replacement may be subject to delay as FANTACI may forward the product to the relevant manufacturer or repair agent.

How to Make a Claim

If you wish to make a claim under the FANTACI Additional Guarantees, you must lodge a warranty claim either online or by calling or emailing us:

  • All information required by FANTACI to assess your claim, including proof of purchase, must be submitted to FANTACI within the applicable warranty period (see above).
  • Once a completed claim has been correctly lodged with our service department, FANTACI will assess your claim and will usually respond within 10 business days. Additional response time may be required where information or action is required from a manufacturer or repair agent.

 

13. TITLE AND RISK

Risk in the Goods will pass to you once the Goods depart from FANTACI’s Australian warehouse or showroom, unless otherwise agreed in writing.

Title in the Goods will remain with FANTACI and pass to you only on payment of the Price, as well as all other amounts owing to FANTACI by you, in full. You will hold the Goods (including where they have been converted or changed by any process) as bailee and agent for FANTACI unless and until payment in full is received.

 

E. GENERAL
  1. PROMOTIONS
  • Promotions, discounts and promotional codes (collectively “Promotions“) are valid for the specified time period for online purchases of Goods only and may be used one time only unless otherwise stated.
  • One time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.
  • Promotions do not apply to gift certificates, GST or duties or similar services.
  • Promotions do not apply to shipping unless expressly stated otherwise.
  • Promotions cannot be applied retroactively to previously placed Orders or to Orders that have been adjusted.
  • For Promotions requiring a minimum order size, charges for shipping and credits from gift certificates do not count towards the minimum order size requirement.
  • For Promotions where you must buy one (or more) item(s) to get a reduction on the second (additional) item(s), the discount will be applied at checkout to the lower priced item.
  • If Goods were purchased with a Promotion and subsequently returned, you will be issued a credit or refund at the promotional price and, if the Promotion has expired, it cannot then be applied to a replacement or future Order.
  • If you return a gift that was purchased with a Promotion and the Promotion has expired, you cannot apply the expired Promotion to a replacement or future Order.
  • Promotional items are available only while supplies last; FANTACI does not issue rainchecks for items that run out of stock.
  • FANTACI, at its sole discretion but subject to applicable law, can extend or terminate a Promotion at any time.
  • FANTACI has no obligation to advise an entrant of an incomplete or incorrect entry and will not be accountable for the return of any item Ordered incorrectly.
  • Please note discount coupons are valid for non-sale items only and cannot be used during sale periods.
  • By claiming a promotional offer on your Order, you agree that you have understood the terms and conditions of that promotion.

 

  1. CHANGE & ACCESS

FANTACI does its best to provide current and accurate information on the website but things sometimes change, and so we may need to update or remove statements and representations made on the website from time to time.

The website will usually be available 24 hours a day, seven days a week.  Sometimes, however, the website may be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give you notice before any planned outages, and keep interruptions to a minimum, but we are not responsible for any delay, loss, or other damage you might suffer as a result of any error or interruption in accessing our website.

This website uses cookie technology in order to provide information and services to website visitors. Cookies are pieces of information that a website transfers to your computer’s hard disk for record keeping purposes and are a necessary part of facilitating online transactions.  Most web browsers are set to accept cookies.  Cookies are useful to estimate our number of users and determine overall traffic patterns through our website.  If you do not wish to receive any cookies you may set your browser to refuse cookies, however you will not be able to take full advantage of the services available on our website.

You are not allowed, without our prior written consent, to frame, deep link, mirror or retransmit any part of the website or its content, or quote or use whole or parts of the website or its content in a third-party website. If you are interested in linking to our website, please contact us at [insert email address].

This website may contain links to other websites which are owned by third parties, such as our partners and supporters.  These links are provided solely for your convenience and are not an indication that FANTACI endorses the products or services that are provided by that website.  When accessing third party sites and using those products and services you agree and undertake to do so at your own risk.

  1. OUR LIABILITY TO YOU

We do not promise that the content on this website (or your access to it) will be uninterrupted or error‑free, that any defects will be corrected, or that the website or content are free of viruses or any other harmful components.  We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to the website or your use of it.  We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.

FANTACI and its related entities will not be liable to you, whether in contract, tort (including negligence) or otherwise for any economic loss, loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as indirect, incidental, special, punitive, consequential or similar damages arising from your use of this website or its content or services, or from the purchase or supply of any Goods.

Subject to the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010) and any other non-excludable term implied by law, this website and all of FANTACI’s Goods and services are provided on an “as is” basis without warranties of any kind (save as expressly provided by us in writing), and FANTACI excludes all warranties, representations, and liability of any kind (including in negligence) in connection with the website, or any goods or services advertised or offered for sale via the website. To the maximum extent permitted by law, where any liability of FANTACI cannot be excluded, we limit that liability (at our election):

  • in respect of any damaged or defective Goods or services provided to you by FANTACI to: (i) repairing any Goods; (ii) replacing any Goods or services provided to you by FANTACI; or (iii) payment of the cost of having the Goods or services repaired or resupplied; and
  • otherwise, to payment in the amount of AUD$10.

 

  1. YOUR LIABILITY TO US

You are liable and solely responsible for:

(a)   any Content you submit via the website;

(b)  your breach of any person’s intellectual property rights (including those of FANTACI or its manufacturers and suppliers);

(c)   your breach of these Terms or any other agreement with us; and

(d)  your breach of any applicable law.

You agree to indemnify FANTACI (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (“Indemnified Parties”) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Indemnified Parties and arising in any way from any of the matters set out in paragraphs (a) – (d) above.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.

  1. LEGAL
  • We have tried to make the wording of these Terms clear and easy to read, but the law (and our lawyers!) require some things be said in a certain way. If you read something in these Terms you are not sure about, then please seek independent advice.
  • These Terms are governed by the laws in force in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.
  • Invalidity of any provisions in these Terms does not affect any other provisions. Any delay or failure by us to enforce any rights under these Terms does not constitute waiver.
  • We may from time to time make changes to these Terms, and it is your responsibility to ensure that you check these Terms each time you visit our website. Your continued use of this website means that you have accepted any changes we have made.

 

Contact us

Please feel free to 1300 000 688 if you have any questions about these Terms.

Last updated: April 2019