Website Terms + Conditions
The term ‘fizzify' or ‘us’ or ‘we’ refers to the owner of the website whose contact details are set out in this website. The term ‘you’ refers to the user or viewer of our website.
The following terms and conditions, (which may be varied from time to time and any such variations shall be deemed notified to you by publishing here on our website), shall govern your use of our website:
By using our website, (including but not limited to registering, submitting material, purchasing from or using the services available on our website), you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
You must be at least 18 years of age to order or purchase any products via our website; by using our website to order or purchase any products you warrant and represent to us that you are at least 18 years of age.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in this website and the material on this website; and
(b) all the copyright and other intellectual property rights in this website and the material on this website are reserved.
This material includes, but is not limited to, the design, format, layout, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
Except with our consent in writing, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
We do not provide and expressly hereby exclude any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly hereby exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
You must not use data collected from our website to contact individuals, companies or other persons or entities without our prior written consent.
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading or deceptive.
From time to time, this website may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse those website(s) or that we have any rights to or connection with those website(s). We hereby expressly exclude any responsibility for the content of the linked website(s).
We do not warrant or represent:
(a) the completeness or accuracy of the information published on this website;
(b) that the material on this website is up to date; or
(c) that this website or any service on this website will remain available.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing this website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
Nothing in these terms and conditions will limit any liabilities in any way that is not permitted under applicable law or exclude any liabilities that may not be excluded under applicable law.
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with this website or these terms and conditions.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account and/or registration on our website.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking, (including without limitation creating and/or using a different account).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Victoria, Australia.
Ordering & Purchasing Terms + Conditions
In addition to the above terms and conditions, the following terms and conditions will apply to orders made through this website:
Orders must be placed either through our website, or in writing by email at firstname.lastname@example.org. All fields marked with an asterisk (*) are mandatory fields and must be completely and accurately completed in order to ensure that your order is satisfied and to avoid delays in processing and delivery of your order.
We will send you an order confirmation after receiving your order. Please check this is correct and contact us if you have not received acknowledgement of your order by the end of the next business day after your order has been placed, or our confirmation advice is incorrect.
Payment is due when your order is placed.
Payments may be made via credit card (Visa or Mastercard) or by electronic funds transfer into our bank account. Please contact us by telephone or email if you wish to make payment in this way.
No Alteration or Cancellation
- Please ensure all orders are placed with due care and attention as once an order has been received by us the order may not be altered or cancelled.
Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in the products sold and/or supplied by us, including products sold via this website; and
(b) all the copyright and other intellectual property rights in such products are reserved.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any products sold or supplied via this website.
Except with our consent in writing, you must not:
(a) republish or reproduce any products sold via this website;
(b) sell, rent or sub-license products sold via this website;
(c) show any products sold via this website in public;
(d) exploit products sold via this website for a commercial purpose; or
(e) redistribute products sold via this website.
Delivery and Handling Charges
Delivery and handling charges are added to the cost of your order.
Current delivery and handling charges are published on our website and may be updated periodically.
We reserve the right to change these charges without notice. You will be charged and you hereby agree to pay the delivery and handling charges published on our website at the time of placing your order.
In countries other than Australia or New Zealand, your order may be subject to the customs fees, import duties and taxes of the country to which you have your order shipped. These charges are your responsibility and must be paid by you.
Legal Right to Import Products
You are responsible for determining that our products can be lawfully imported to the destination country and you hereby accept all liability for importation of the ordered products and you hereby indemnify us for any loss, damage, cost or expense suffered as a result of delivery or attempted delivery to the address specified by you in your order.
Products will be dispatched as soon as is reasonably practicable (normally within 2 weeks of receipt of your order) and you should add an additional 3 - 5 days for delivery within Australia and New Zealand. In the absence of evidence to the contrary, delivery will be deemed to have occurred:
(a) for deliveries within Victoria – 2 business days after posting;
(b) for deliveries within Australia but outside Victoria – 3 business days after posting; and
(c) for deliveries within New Zealand – 5 business days after posting.
Products will be delivered by post or by courier (in our absolute discretion) to your nominated residential or business delivery address unless advised otherwise.
Every effort is made to advise accurate delivery times. You will receive advice of any changes to our expected production or delivery times via email. We regret that we cannot accept, (and you hereby release us from), any liability for failure to produce and/or deliver within the advised production and/or delivery times.
International delivery times may be subject to customs clearance delays.
Acceptance of Delivery
Please ensure deliveries are inspected for any transit damage. Claims for damage on delivery must be supported by your conditional acceptance of delivery receipt from the courier noting the damage which has occurred. We will not be liable for, (and you hereby release us from), liability for damage which is not noted on your delivery receipt or, where no delivery receipt was required, for which we have not received a claim within 30 days after the date of delivery.
Refund Policy and Claims
We will refund the cost of, credit or replace within 30 days of return to us, any product which is damaged on delivery, provided that such damage is noted on the delivery receipt. We will also cover your reasonable costs of returning the damaged product to us. Requests for return, refund or credit will not be accepted after 30 days from the date of delivery.
Our refund policy is extended only to the person who has purchased the product and any claims must be made by the original purchaser of the product. We do not accept any liability to third parties in relation to the purchase or use of the product.
Our liability is limited to the original invoice value of the product. We do not accept liability for any consequential loss or costs including additional manufacturing costs, delivery charges or other loss of profit.
In order to make a claim for a refund, return, credit or any damages you must provide us with the damaged product(s) within 30 days of receipt of such product(s).
If you wish to make a claim for a refund or have any queries relating to your order please contact us at email@example.com.