Terms of service
The terms and conditions set out below apply to the use of this Website (www.furlongandgale.com). By using this Website, you agree to be bound by these terms and conditions (including our Privacy Policy) – if you do not agree, you may not use this Website.
In these Terms and Conditions, the expressions “we”, “us” and “our” are a reference to Furlong & Gale Pty Ltd (ABN 43 643 688 868).
1. Changes to these Terms & Conditions
1.1. We reserve the right to change these Terms and Conditions without notice at any time. Any such changes will be effective immediately upon publication on this Website. Your continued use of the Website following such publication will represent an agreement by you to be bound by the Terms and Conditions as amended. It is your responsibility to be aware of these terms and conditions each time you use the Website as they may be altered.
2. Representations and warranties
2.1. This Website and its content are provided "as is" and, except to the extent required by law, we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties cannot be excluded at law.
2.2. The information on this Website is for general information purposes only and does not constitute as advice. While every effort is taken to ensure the information contained on the Website is accurate, we take no responsibility for any loss or damage arising from its use.
2.3. We do not represent or warrant that the Website is accurate, complete or current, or that the functional aspects of the Website will be error-free and uninterrupted, or that the Website, content or the server that makes it available are free of viruses or other harmful components. We assume no responsibility and shall not be liable for any interruptions or errors in access to the Website or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, transactions) made through or in relation to the Website. We recommend that all users of the Website ensure they have an up to date anti-virus software active. We reserve the right to suspend or withdraw the whole or any part of the Website at any time without notice and without incurring any liability.
2.4. This Website may from time to time contain links to other websites or information provided by third parties. We do not represent or warrant that the links provided, or the information provided by third parties on this Website is accurate or suitable. You may use the provided links and information at your own risk. We have no control over their individual content, and we do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from our Website, you do so at your own risk.
2.5. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with goods, you are entitled to choose a refund or replacement. If a failure with the goods does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods.
3. Liability
3.1. Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so by law. You agree that, to the fullest extent permitted by applicable law, we will not be liable under any circumstances (including contract, tort, negligence or otherwise) for any direct, indirect, special, punitive, incidental or consequential damages (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) that arise out of or in connection with your use of (or inability to use) the Website, or any Products purchased on the Website.
4. Your obligations:
4.1. You must:
4.1.1. ensure that your access to this Website is not illegal or prohibited by laws which apply to you
4.1.2. take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
4.1.3. ensure your account login and the details of your account are kept in a safe and secure manner. You must also notify us via email if there has been an unathorised use of your login details, or any other security breach with your account.
4.2. You must not:
4.2.1. use the Website for any activities that would breach any laws
4.2.2. make fraudulent enquiries, purchases or requests through the Website
4.2.3. misuse our Website or systems, including hacking into, tampering with, circumventing security, disrupting or hindering the operation of the Website.
4.2.4. undertake any activity which would place an unreasonable burden on our Website or systems
5. Intellectual Property:
5.1. All copyright featured or displayed on the Website is owned by us
5.2. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation in other jurisdictions, and except as expressly authorized by these Terms and Conditions, you may not in any form or by any means modify, copy, distribute, transmit, adapt, reproduce, create derivative works from, store in a retrieval system, sell, publish or frame or embed in another website any material appearing on the Website without our prior written consent.
5.3. The Website contains registered trademarks and other marks which are protected by law. You must not use any of the marks or trademarks appearing on the Website, or our name without our prior written consent. You must also not use any third-party marks used on this Website without obtaining the relevant third party owner’s consent.
6. Termination
6.1. Access to this Website may be terminated at any time by us without notice (these Terms will survive any such termination). We may also immediately suspend, terminate or limit your access to the Website, including your account, if you breach these Terms and Conditions.
7. Privacy Policy
7.1. Our Privacy Policy (available here) forms part of these Terms and Conditions. By using this Website, you acknowledge that you have read, and agree to, our Privacy Policy.
7.2. We may use cookies in delivering the Website to you. A cookie is a small piece of data sent from a website and stored on the user's computer by the user's web browser while the user is browsing.
7.3. You agree that we may send you commercial electronic messages and tailored advertising (including marketing communications advertising Products) via various channels, including email and SMS, where you have not opted-out at checkout. Your agreement to receive commercial electronic messages from us is effective until you choose to opt-out using the unsubscribe link in the footer of any such messages. If you choose to opt-out, you will only receive information that we are required by law to provide to you, or factual information about your account (including relevant changes).
8. Purchasing
8.1. You may order Products shown on the Website by selecting and submitting your Order through the Website in accordance with these Terms and Conditions.
8.2. Any Order placed through this Website is an offer by you to purchase the selected Product(s) for the price notified, including delivery and other charges or taxes, at the time you place the Order. You agree to provide us with current, complete and accurate details when asked to do so through the ordering process on the Website.
8.3. We reserve the right to accept or reject your Order for any reason, including if the selected Product(s) are not available, if there is an error in the price displayed or the Product description or an error in your Order. If we reject an Order, we will endeavor to notify you at the time you place the Order, or within a reasonable time after submitting the order.
8.4. Each Order that we accept results in a separate binding agreement between you and us for the supply of the selected Products, where we will supply the Products in that Order to you in accordance with these Terms and Conditions.
9. Payment
9.1. Payment for your Order must be made through an accepted payment method:
Visa
Mastercard
Paypal
9.2. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
10. Returns
10.1. Our Returns Policy (available here) forms part of these terms and conditions. By using this Website, you acknowledge that you have read, and agree to, our Returns Policy.
11. Pre-orders
11.1. Certain items on our Website may be available for Pre-order. The expected shipping date will be displayed next to the item. If you choose to purchase a Product for Pre-order, you will be charged at the time of purchasing, and we will notify you once your Order has shipped. While we will do everything in our power to meet the expected shipping date, occasionally delays may occur and we will notify you if this is the case, and provide you with an option to cancel your order if you would prefer.
12. Governing Law & Jurisdiction
12.1. These Terms and Conditions are governed by the laws of New South Wales, Australia. Where permitted by law, you submit to the exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions, or use of the Website.
13. Definitions
Website means furlongandgale.com
Order means the completed transaction placed at furlongandgale.com
Pre-order means an order for products which will be shipped at a later date
Product means any item for sale on furlongandgale.com
TERMS & CONDITIONS - NEWYEAR OFFER:
Use code 'NEWYEAR' at checkout for 10% off your order. Valid for orders placed from 1/1/2023 to 23:59pm AEST 8/1/2023. All orders placed during this period will not ship until 9/1/2023. Code 'NEWYEAR' must be entered at checout. Furlong & Gale reserves the right to cancel or amend this offer at any time.