Customer Care - Conditions of Use

The following conditions of use apply to your use of the FAIRDINKUMS – Malaysia web site (“www.fairdinkums-store.com”) by Fairdinkum’s and any company member of its group, (herein after referred to as Fairdinkums) and its customers. Your use of the web site indicates your acceptance of these conditions of use. These conditions of use are subject to change by FAIRDINKUM’S. FAIRDINKUMS may change the content of its conditions of use at any time without any prior notice to anyone.

By becoming a customer of FAIRDINKUMS (www.fairdinkums-store.com), the customer herein agrees to be bound to the conditions of use listed on FAIRDINKUMS (www.fairdinkums-store.com)

1. Placing Order / Pricing

Any Quotation made by FAIRDINKUMS is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by FAIRDINKUMS (www.fairdinkums-store.com) within seven (7) days of receipt by FAIRDINKUMS (www.fairdinkums-store.com) of the customer’s offer.

Pricing is exclusive of any taxes because this is an international site. Please note that pricing and stock availability is subject to change without prior notice. FAIRDINKUMS (www.fairdinkums-store.com) reserves the right not to sell below its cost. E & OE.

All orders placed are subject to confirmation and acceptance by FAIRDINKUMS (www.fairdinkums-store.com), this includes the pre-paid orders, eg direct deposit etc.

FAIRDINKUMS (www.fairdinkums-store.com) may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If FAIRDINKUMS (www.fairdinkums-store.com) requests payment for increased prices, you may cancel the order by giving notice to Plaques and Patches, which must be received within seven days of the announcement of the increase.

To minimize errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible.

Quantity in stock displayed on the web site should be considered as a guide only. Quantity in stock does not take into accounts the orders already placed which are yet to be processed. It is possible that an order placed earlier will receive the allocation of the part in which the quantity for it showed as in stock at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on the web site.

Price may vary depending upon location due to freight costs and other logistical requirements.

FAIRDINKUMS (www.fairdinkums-store.com) reserves the rights to adjust freight cost at any time.

2. Delivery/collection

Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the customers if the delivery address is unattended at the time of delivery.

After your order is placed, you will be sent an E-mail acknowledgement.

3. Delivery time

Any date Quoted for delivery is an estimate only, and unless a guarantee shall have been given by FAIRDINKUMS (www.fairdinkums-store.com) in writing providing for liquidated damages for failure to deliver by the Quoted date, FAIRDINKUMS (www.fairdinkums-store.com) shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the Quoted date. The Customer shall accept and pay for Products, not withstanding any failure by FAIRDINKUMS (www.fairdinkums-store.com) to deliver by the Quoted date.

Goods specially manufactured, must be fully paid for prior to delivery & cannot be returned or exchanged without express approval from FAIRDINKUMS (www.fairdinkums-store.com) in writing. The latter case would still attract the normal restocking fee.

4. Returns / Refunds / Cancellations / Re-Work

There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order.

Products with a unique design cannot be returned and no refund will be given.

Any incorrect, missing or damaged items received must be reported to FAIRDINKUMS (www.fairdinkums-store.com) within 24 hours of you receiving the delivery. This can only be done by E-mail.

If item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.

FAIRDINKUMS (www.fairdinkums-store.com) owns the title of any extra goods shipped with your order that have been dispatched in error.

If requested by FAIRDINKUMS (www.fairdinkums-store.com), the Customer may be required to provide information so FAIRDINKUMS (www.fairdinkums-store.com) can easily assist the Customer with any monetary refund or cancellation. This information may include member’s names, address, home phone, work phone, credit card details and other relevant information required by FAIRDINKUMS (www.fairdinkums-store.com). Failure to provide sufficient information may delay the refund or cancellation, FAIRDINKUMS (www.fairdinkums-store.com) is not to be held responsible for any delays according to clause provided by FAIRDINKUMS (www.fairdinkums-store.com).

Cancellations may be communicated by email only.

Cancellations for unique design orders will incur a 100% cancellation fee. This is to reflect the labour cost and the unique nature of the product. Cancellations of stock items will incur a 50% re-stocking fee plus freight costs and should be returned to our distribution point in Puchong, Malaysia in the original packing material; the goods will be checked for damage prior to the refund being made.

All products are manufactured in line with the artwork displayed on the website and approved submission of designs via email. Any changes to this artwork should be notified to FAIRDINKUMS (www.fairdinkums-store.com) in writing at the time of placing the order along with the necessary graphics and Pantone color code. Should there be any re-working required due to a customer request that deviates from the published artwork once production has been started then it will incur a minimum additional fee of US$100.00 or 10% of the items’ value whichever is the greater.

5. Warranty Claim

Warranty only covers the item(s) sold by FAIRDINKUMS (www.fairdinkums-store.com). Warranty does not cover any other equipment used in conjunction with the item(s) sold by FAIRDINKUMS (www.fairdinkums-store.com).

All warrantees are voided if returned product is found in any way to be mishandled, misinstalled, modified, tampered, abused, physically damaged or used under conditions for which it was not designed.

Customer is responsible for proper packaging of RA returns. All warranties will be void on items that are insufficiently or inaccurately packaged. Customer is responsible for all the shipping charges associated with returning the defective merchandise. If any item(s) returned for warranty claim is determined to be physically damaged, the item(s) will be returned to the customer as is.

Customer is responsible for any shipping and insurance cost involved in sending the warranty claim goods back to FAIRDINKUMS (www.fairdinkums-store.com). FAIRDINKUMS (www.fairdinkums-store.com) is not responsible for any parcel missing in transit on its return back to FAIRDINKUMS (www.fairdinkums-store.com).

6. Warranty turnaround time

Turnaround time for warranty claims largely depends on the item and the nature of the work to be completed. We will try our best to speed up the process.

7. Payment

Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to FAIRDINKUMS (www.fairdinkums-store.com) without deduction or demand, prior to manufacture or shipping.

8. Default in Payment

If the Customer defaults in payment to FAIRDINKUMS (www.fairdinkums-store.com), then:

(a) the Customer shall pay to FAIRDINKUMS (www.fairdinkums-store.com), on demand, interest on any overdue money during the period of default at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983, and

(b) All moneys owing by the customer / company to FAIRDINKUMS (www.fairdinkums-store.com) shall become due and payable forthwith without demand, and

(c) FAIRDINKUMS (www.fairdinkums-store.com) may at its sole and absolute discretion suspend the provision of credit to the Customer until all amounts owing by the Customer are paid in full

9. Liability

(a) FAIRDINKUMS (www.fairdinkums-store.com) shall not be liable to the Customer, or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or directly in connection with the Products, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability.

(b)FAIRDINKUMS (www.fairdinkums-store.com) expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.

10. Retention of Title

10.1 The title to the Products will pass to the Customer when payment in full for the Products has been received by FAIRDINKUMS (www.fairdinkums-store.com). Until the Customer has paid to FAIRDINKUMS (www.fairdinkums-store.com) the full purchase price:

(a) Customer shall hold the Products as bailee for FAIRDINKUMS (www.fairdinkums-store.com).

(b) The Products shall be stored at the Customer’s risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.

(c) The Customer shall indemnify FAIRDINKUMS (www.fairdinkums-store.com) against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by FAIRDINKUMS (www.fairdinkums-store.com) or repossession or attempted repossession by FAIRDINKUMS (www.fairdinkums-store.com).

(d) Any sale of the Products shall be effected as bailee for FAIRDINKUMS (www.fairdinkums-store.com), and the proceeds of such sale shall be held on trust for FAIRDINKUMS (www.fairdinkums-store.com). The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.

(e) The Customer shall permit FAIRDINKUMS (www.fairdinkums-store.com) to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.

(f) Reserve right of entry to inspect or recover goods owned by FAIRDINKUMS (www.fairdinkums-store.com) wherever they are located.

10.2 In the event that:

(a) the Products are not paid for in full in accordance with these conditions of use of sale, or any other agreement between FAIRDINKUMS (www.fairdinkums-store.com) and the Customer; or

(b) The Customer commits any breach of the conditions of use of sale or any other agreement between FAIRDINKUMS (www.fairdinkums-store.com) and the Customer; or

(c) The Customer receives notice of or reasonably believes that a third person may attempt to levy execution against the products; or

(d) the Customer makes or proposes to make an arrangement with its creditors or is placed under official management, or a petition is presented, or an application filed for the winding up of the Customer, or the Customer ceased to trade, or the Customer (being a natural person) commits an act of bankruptcy, then FAIRDINKUMS (www.fairdinkums-store.com) may, at any time, without notice to the Customer, and without prejudice to any other right which it may have against the Customer, terminate the contract and the bailment referred to above, and enter upon any premises owned or occupied by the Customer where FAIRDINKUMS (www.fairdinkums-store.com) reasonably believes the Products may be stored, and repossess the Products without being liable for any damage caused, and subsequently dispose of the Products at its discretion. In this event, the Customer ceases to be liable to FAIRDINKUMS (www.fairdinkums-store.com) for payment for the Products, If Moneys are recovered in full.

11. Disclaimer

Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.>

Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.

Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.

Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact our sales team.

12. Obligations of the Customer

As a customer of FAIRDINKUMS (www.fairdinkums-store.com), the Customer must provide current, complete, and accurate information at all times.

The Customer is entirely responsible for their account which includes confidentiality, any and all activities through using the Customer’s account, FAIRDINKUMS (www.fairdinkums-store.com) will not be held responsible in any manner.

On the first purchase the Customer places with FAIRDINKUMS (www.fairdinkums-store.com). the Customer might be required to provide additional identification to FAIRDINKUMS (www.fairdinkums-store.com) to help eliminate Internet credit card fraud and to provide additional security.

FAIRDINKUMS (www.fairdinkums-store.com) reserves the right to terminate a Customer’s account if it is found to contain false, incomplete, inaccurate information. If any security concerns or breaches arise from the Customer, they shall report it to FAIRDINKUMS (www.fairdinkums-store.com) immediately.

FAIRDINKUMS (www.fairdinkums-store.com) does not store any credit card details for any Customers. The Customer will ensure that credit card details are their sole responsibility to safe guard.

13. Provision of Credit

The provision of credit and/or the continued provision of credit by FAIRDINKUMS (www.fairdinkums-store.com) to the Customer from time to time, shall be in the absolute discretion of FAIRDINKUMS (www.fairdinkums-store.com).

(a) FAIRDINKUMS (www.fairdinkums-store.com) may at its absolute discretion extend credit to the Customer; or

(b) Extend and/or continue to extend credit to the Customer subject to the provision of security in a from acceptable to FAIRDINKUMS (www.fairdinkums-store.com); or

(c) May at any time vary or cancel the credit facility available to the Customer Credit account must have FAIRDINKUMS (www.fairdinkums-store.com) Guarantee in place.

14. Differences and Complaints

Subject to the provisions of clause 7, FAIRDINKUMS (www.fairdinkums-store.com) shall not be liable in respect of any difference or complaint arising out of the conditions of use of sale unless the Customer advises FAIRDINKUMS (www.fairdinkums-store.com) in writing of the difference or complaints not later than three (3) days after the date of the occurrence of the events or circumstances on which the difference of complaint is based.

15. Waiver

The failure or neglect by FAIRDINKUMS (www.fairdinkums-store.com) to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of FAIRDINKUMS (www.fairdinkums-store.com) rights hereunder, nor in any way effect the validity of the whole or any part of the conditions of use of sale, nor prejudice FAIRDINKUMS (www.fairdinkums-store.com)’s right to take subsequent action.

16. Sever Ability

In the event that any part of these conditions of use shall be deemed invalid, unlawful or un-enforceable to any extent, such terms or conditions shall be severed from the remaining conditions of use, which shall continue to be valid and enforceable to the fullest extent permitted by law.