Terms & Conditions

FUDGE - Gifts Home Lifestyle
ABN: 65171010988
Phone: (03) 8838 8925
19 Brentford Square, FOREST HILL.  VIC 3131

Pricing

All pricing is quoted in Australian Dollars (AUD) and include GST.  Prices are subject to change.  We accept payments via PayPal, VISA, Mastercard and American Express.

Exchange, Returns & Refunds

Please see our Returns & Exchanges page for further information.

Order Cancellation

If you wish to cancel an order, please email (sales@fudgegifts.com.au) or call us (03 8838 8925)  within 12 hours of order placement.

Privacy

View our Privacy Policy page for further information.

--------------

FUDGE - Gifts Home Lifestyle

WEBSITE TERMS AND CONDITIONS OF USE

1.     About the Website

  • Welcome to https://www.fudgegifts.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
  • The Website is operated by J. Brown and R.D Brown (ABN: 65 171 010 988) t/a Fudge Gifts, Home and Lifestyle (‘FUDGE’). Access to and use of the Website, or any of its associated Products or Services, is provided by FUDGE. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  • FUDGE reserves the right to review and change any of the Terms by updating this page at its sole discretion. When FUDGE updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.     Acceptance of the Terms

  • You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by FUDGE in the user interface.

3.     Personal Information

3.1.  When purchasing a Product, you will be required to provide personal information such as your name, address and e-mail address.

3.2. You agree that all details that you have provided in completing the purchase are true and correct.

3.3. Your personal information is kept in accordance with the FUDGE Privacy Policy (‘Privacy Policy’) which can be accessed at [Privacy policy].

3.4. When you are making a purchase, you will be given the option of creating an account with FUDGE for future purchases. If you create an account with FUDGE, you are bound by the following conditions:

  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify FUDGE of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of FUDGE providing the Purchase Services.

4.     Purchase of Products

  • In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
  • Payment of the Purchase Price may be made through PayPal, After Pay and Shopify Payments (the 'Payment Gateway Providers')
  • In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
  • Following payment of the Purchase Price being confirmed by FUDGE, you will be issued with a receipt to confirm that the payment has been received and FUDGE may record your purchase details for future use.

5. Returns and Exchanges

Returns and Refunds

FUDGE may, at their sole discretion, provide a refund on the return of full priced Products within 14 days of receipt of the Products by you, where the Product packaging is unopened and remains in a saleable condition. This means the Products must be unused, unworn, unwashed and in the original undamaged packaging with the original tags. To request a refund please:

  • Fill out the FUDGE Returns Form;
  • Include the Product, FUDGE Returns Form within the return package;
  • Mail to FUDGE Returns Department, Unit 13, 137-145 Rooks Road, Nunawading Victoria 3131

You acknowledge and agree that you are liable for a $10 return fee and any associated fees with any refund pursuant to this clause. If your return is not accepted by FUDGE, you will be liable for all shipping costs involved in returning the Product to you. Refunds will be made by way of the original payment method.

Exchanges - Clothing

FUDGE may, and their sole discretion, exchange an item of clothing within 14 days. The Product must remain in a saleable condition. This means the Product must be unused, unworn, unwashed and in the original undamaged packaging with the original tags. To request an exchange:

  • Fill out the FUDGE Returns Form;
  • Include the Product, FUDGE Returns Form within the return package;
  • include a self-addressed, pre-paid return satchel appropriate for the clothing item;
  • Mail to FUDGE Returns Department, Unit 13, 137-145 Rooks Road, Nunawading Victoria 3131

You acknowledge and agree that you are liable for a $10 return shipping fee and any associated fees with any exchange pursuant to this clause. If your exchange is not accepted by FUDGE, you will be liable for all shipping costs involved in returning the Product to you.

Sale items and other Exclusions

All items purchased on sale are non-refundable and cannot be exchanged. Please keep this in mind when making a purchase. For hygiene reasons, intimates and swimwear may not be exchanged and cannot be returned.

Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:

  • You misused the said product in a way which caused the problem.
  • You knew or were made aware of the problem(s) with the product or service before you purchased it.
  • You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
  • Any other exceptions apply under the Australian Consumer Law.

Customer Responsibility

If returning or exchanging a Product, it is your responsibility to ensure safe delivery. Title in the Goods remains with you until it is safely delivered to FUDGE. FUDGE does not accept any responsibility for Products returned to the incorrect address or return and exchange Products damaged in transit. Items that are damaged, lost or returned without authorisation will not be accepted.

Damaged and Faulty Items

FUDGE's Products come with guarantees that cannot be excluded under the Australian Consumer Law. If the Product you have received is faulty or damaged, please e-mail returns@fudgegifts.com.au with your proof of purchase, an outline of the fault or damage, photographs and any other relevant information. FUDGE will contact you within 3 business days to follow up your request. Damaged and faulty items are covered by warranty under clause 7.

6. Shipping and Delivery

  • You acknowledge that the Purchase Services offered by FUDGE integrate delivery (the 'Delivery Services') through the use of Australia Post (the 'Delivery Service Providers'). Please see the Shipping Page for more information on shipping fees.
  • In providing the Purchase Services, FUDGE will provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that FUDGE is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
  • In the event that an item is lost or damaged in the course of the Delivery Services, FUDGE asks that you:
    • contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
    • contact FUDGE by sending an email to sales@fudgegifts.com.au outlining in what way the Products were damaged in transit so that FUDGE is able to determine if the Delivery Service Provider should be removed from the Purchase Services.

7.     Warranty

  • FUDGE's 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 of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
  • In order to make a Warranty Claim during the Warranty Period, please e-mail returns@fudgegifts.com.au with your proof of purchase, an outline of the fault or damage, photographs and any other relevant information. FUDGE will contact you within 3 business days to follow up your request.
  • Where the Warranty Claim is accepted then FUDGE will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour.
  • The Warranty shall be the sole and exclusive warranty granted by FUDGE and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
  • All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
  • The Warranty does not apply to any appearance of the supplied Products nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

8.     Copyright and Intellectual Property

  • The Website, the Purchase Services and all of the related products of FUDGE are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by FUDGE or its contributors.
  • FUDGE retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
    • the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of FUDGE; or
    • the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
    • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
  • You may not, without the prior written permission of FUDGE and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9.     Privacy

FUDGE takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to FUDGE's Privacy Policy, which is available on the Application.

10.  General Disclaimer

  • You acknowledge that FUDGE does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
  • FUDGE will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
  • Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  • Subject to this clause, and to the extent permitted by law:
    • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
    • FUDGE will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  • Use of the Website, the Purchase Services, and any of the products of FUDGE is at your own risk. Everything on the Website, the Purchase Services, and the Products of FUDGE, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of FUDGE make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of FUDGE) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    • the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
    • costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
    • the Content or operation in respect to links which are provided for the User's convenience;
    • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
    • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11.  Limitation of Liability

  • FUDGE's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of FUDGE is the resupply of information or Purchase Services to you.
  • You expressly understand and agree that FUDGE, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  • FUDGE is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of FUDGE, by third parties or by any of the Purchase Services offered by FUDGE.

12.  Indemnity

  • You agree to indemnify FUDGE, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
    • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
    • any breach of the Terms.

13.  Venue and Jurisdiction

The Purchase Services offered by FUDGE is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

14.  Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15.  Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

16.  Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.