The Festoon Guys | Terms & Conditions
The Festoon Guys shopping site at www.thefestoonguys.com.au (the “Site”) is a shopping website where you can browse, select and order each good or service that is advertised on the Site (“Products”). Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions.
Placing an order for products:
You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions. Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site. You agree to provide us with current, complete and accurate details when asked to do so by the Site.
Acceptance or rejection of an order:
In certain circumstances, we may need to reject your order. This may happen where the requested Product is not available or if there is an error in the price or the product description posted on the Site. Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions and provide you with an email confirmation of that order. If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
At The Festoon Guys we aim to only offer products for online sale where the product is readily available to ship. From time to time however, you may pay for a product that is not readily available for shipping. If this happens, we will notify you as soon as possible to let you know that the item or items are to be placed into our back order system. We understand that you may not always wish to wait for a product where it is not readily available for shipment. If you wish to cancel such an order, you can do so while the order is still in our back order system by contacting us and we will refund the amount that you paid for the product. In the instance where a product is not readily available for shipment, we will use our best endeavours to procure the product from our suppliers within 30 days from the date that you place your order. We also guarantee to lock in the original purchase price of the back ordered item. If we are not able to procure the product within this time frame we will contact you to cancel the order for the product and provide you with a refund.
Delivery of Products:
We will only deliver Products ordered through the Site to a location where we provide delivery services. All efforts are made to dispatch the order within 2 business working days from date of purchase. You may obtain further information on the Site about our delivery time frames and how we deliver certain Products. The Delivery Fee for your order depends on the type of Product you order (in particular, the size and weight of the Product). You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site. We may require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification) and, if the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct
our verification checks. The address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions is deigned here as the “Delivery Address”. If there is no one or no appropriate person at the Delivery Address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the Products you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery. You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order. The buyer is also responsible for arranging the return of the items at their expense.
Assembly of Products:
Unless otherwise stated, Products do not come pre-assembled. If you require information regarding specific item assembly, please contact our customer service department.
Risk and Title:
Risk and title to the Products passes to you on the date and time of delivery to the Delivery Address.
Cancelling an order:
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
the Products in that order are not available; or
there is an error in the price or the product description posted on the Site
for the Product in that order; or
that we reasonably believe your order has been placed in breach of these
terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order. You may cancel an order (whether it is accepted by us or not) by contacting Customer Service at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may return the relevant Products in accordance with these terms and conditions.
Fees and Charges:
We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions. All fees and charges identified in these terms and conditions and all prices for the Products, unless indicated otherwise, include GST where applicable.
The purchase price of each Product is shown on the product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our stores for the same Product and we are not obliged to match any prices. Just like in our stores, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our Back Order Policy), once we have accepted your order, we will not change any prices that apply to the Products in that order.
If you cancel an order then:
• subject to below, we will refund any amounts paid by you for that cancelled order. Refunds to credit cards can take up to 30 days to appear on your statement;
• we will not refund the Delivery Fees where the Products in your cancelled order have been dispatched for delivery.
You may pay the fees and charges for an accepted order using the following payment methods:
• Direct deposit into our bank account
If we are unable to successfully process your credit card or PayPal payment for your order that is accepted by us, then we may cancel your order. If we have previously agreed that you are a business customer that may obtain Products from us on a deferred payment basis, then we will invoice you the fees and charges for the Products you have ordered when the aggregate amount payable by you for all orders placed under these terms and conditions reaches or exceeds the agreed amount. You must pay us the fees and charges in accordance with these terms and conditions. If you choose to pay by credit card or PayPal, you authorise us to debit the amount that is
payable for an accepted order from your nominated credit card or PayPal account. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means. We will provide you with a receipt at time of delivery which species the total fees and charges for the Products in the order.
Damaged Products and Returns:
Please check any product delivered to you to determine if it is damaged. If a product is damaged on delivery, then you can refuse to take receipt of that product and notify us through firstname.lastname@example.org as soon as possible. If you notice damage to a Product after delivery, you need notify us in writing with all details of the damage within 14 days of delivery. Failure to do so will negate any claim on The Festoon Guys. If you wish to return a Product that is not damaged and that was provided to you under these terms and conditions, then you may return it for a full refund less the cost of freight within 30 days. Unwanted items must be returned to us unopened and unused in their full, original, undamaged packaging. If goods are not received in this condition then at our discretion we reserve the right to refuse refund or charge a 20% restocking fee. If the buyer chooses to have the goods returned to them then the cost of doing so will be at the buyer’s expense. You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund. We will not refund the Delivery Fee where the Products have been delivered to you. Your cost of returning any damaged Product via Australia Post standard parcel will be refunded. In the case of damaged goods we will refund or replace the product at our discretion. Once we have received a returned Product and a refund is due, we will issue that refund within 72 hours. Refunds to credit cards can take up to 30 days to appear on your statement. No returns are permitted on customised or special order items. Please note that once products are installed they cannot be returned for a change of mind refund or exchange, and any returns based on damage to the product must be brought to our attention within 14 days as outline above. Another point to note is that products may differ from the pictures displayed due to the the natural variations of colors and Gnishes. For the avoidance of doubt, any light bulb delivered that arrives in tact and in working condition but blows thereafter through use, irrespective of length of use, is not deemed a damaged product and will not be replaced or refunded unless the item listing speciGcally states that the
product is covered by a warranty. Light bulbs are deemed a consumable item and therefore all average lifetime hours provided are averages and by no means a guarantee of life span.
All products come with a minimum 12 month warranty. If the product is delivered damaged or fails to work as advertised for domestic use we will issue a refund or a replacement. All vintage filament bulbs used in commercial applications are subject to a 3 month warranty. LED bulbs are subject to a 3 or 2 year warranty and 2 or 1 year if used in commercial applications. Details listed with product specifications. Warranties require all electrical work to be completed by a licensed electrician and all items to be checked and deemed compliant prior to installation by your electrician. Please check your order carefully noting technical specifications. If we place the order on your behalf you should carefully check the Invoice/quote before payment so we can rectify any discrepancies prior to shipping. If you have a product that fails inside the warranty period or is damaged in transit fill our the form below.
For product returns please see “Product Returns” page for details.
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these termsand conditions and:
• the breach cannot be remedied; or
• you fail to the remedy the breach within 10 days of our notice to you of
that breach; or
• if there is an emergency.
We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify
you and will refund to you all valid payments received by us for those Products.
Changes to these Terms and Conditions:
For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process. We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.
You're access to and use of the Site, including your order of products through the Site, is subject to these terms and conditions. You agree to bound by, and comply with, these terms and conditions by browsing the Site.
If you register an account with us, you may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
You must not:
Use the Site for any activities that breach any laws, infringe a third party’s
rights or are contrary to any relevant standards or codes, including,
but not limited to breaches of the Copyright Act 1968 (Commonwealth);
Use the Site in a manner or way, or post to or transmit to or via the Site
any material, which interferes with other users or our other customers
or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
Make fraudulent or speculative enquiries, purchases or requests through the Site;
Use another person’s details without their permission or impersonate another person when using the Site;
Post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal
Tamper with or hinder the operation of the Site;
Knowingly transmit any viruses, worms, defects, Trojan horses or similar
disabling or malicious code to the Site;
Use any robot, spider, site search and retrieval application or other
mechanism to retrieve or index any portion of the Site;
Modify, adapt, translate or reverse engineer any portion of the Site;
Remove any copyright, trade mark or other proprietary rights notices
contained in or on the Site;
Reformat or frame any portion of the web pages that are part of the Site;
Create accounts by automated means or under false or fraudulent
Use the Site to violate the security of any computer or other network or
engage in illegal conduct;
Take any action that imposes or that would, in our reasonable opinion,
result in an unreasonable or disproportionately large load on our
Use the Site other than in accordance with these terms and conditions; or
Attempt any of the above acts or engage or permit another person to do
any of the above acts.
The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and;
we make no representations or warranties, or have any responsibility or liability for those websites; and
these links do not indicate, expressly or implicitly, that we endorse the site or the products or services that are provided at those sites.
This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
the breach cannot be remedied; or
you fail to the remedy the breach within 10 days of our notice to you of
that breach; or
if there is an emergency or we need to perform some maintenance on our
You may stop using the Site at any time and for any reason. From time to time, business strategies change. As such, we may in the future, stop making the Site (or any part of it) available. This will not impact
any current orders that have been accepted by us.
The Festoon Guys | Terms & Conditions