General
This Fat Shack Vintage shopping site at fatshackvintage.com.au . If the buyer chooses to have the goods returned to them then the cost of doing so will be at the buyer's expense, (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.
Compliance
You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the Site. You agree to comply with the terms of use. You can view the Terms of Use below.You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
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.
Back Orders
At Fat Shack Vintage we aim to only offer products for online sale where the products are readily available to ship. This means that it is either in stock at our Melbourne facility or there is a lead time to transfer the stock from one of our local Australian suppliers to our distribution facility in Melbourne for despatch to customers. If it is already known that an item is not readily available to ship and there is an extended lead time, we will provide lead time information on that items listing for you to view prior to placing your order. We request that you ensure you visit our website to view the item/s listing in question for further up to date lead time information should you require it.
From time to time however, you may pay for an item or items that are unexpectedly not readily available for immediate shipping and there is an extended lead time. This is the nature of supply and demand of fast moving goods. If this happens, our Customer Service Team will notify you as soon as possible to let you know that the item/s are to be placed into our back order system. We will also provide you with an estimated lead time to obtain more stock of the back ordered item/s. All lead times are approximate.
If after receiving advice from our Customer Service Team you opt to wait until the back ordered item/s are available, we request that you ensure you visit our website to view the item/s listing in question for further up to date lead time information should you require it.
Once all items in your order are available, we will ship your order in its entirety.
We also understand that you may not always wish to wait for an item/s where they are 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. Alternatively you may choose to split your order into separate shipments. If you wish to separate shipments then a further freight charge will apply. Please contact us for freight calculations.
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 2-3 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 defined 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.
Click & Collect is available from our Melbourne location by prior arrangement only. Once your order is prepared and ready to collect, our Customer Service Team will contact you with collection information.
Upon receiving this advice your order must be collected within 2 weeks from the advice date. If your order is not collected within the noted 2 week timeframe, an overdue collection storage fee of $10.00 per week will apply. Please note storage fees for overdue collections must be paid before goods can be released to you. Additionally, if no advice is received back from you regarding the collection of your order, we reserve the right to cancel and refund your order. In that instance the storage and restocking fees will be subtracted from the refund.
Free Shipping Eligibility
Excluding some products, we offer free shipping for any online purchase over $199. This only applies to orders placed online. Items listed as oversized in the product description or product page do not qualify for free shipping. Please see our Free Shipping page for more information.
Returning or Exchanging Items with Free Shipping
If you placed your order with free shipping and decide to return the item/s, your money will be refunded minus the initial shipping cost incurred by us. The shipping cost will be calculated fairly, using the Australia Post cost calculator. Before sending your items back, please contact us and we can advise of the freight amount to be deducted from the refund. The buyer is also responsible for arranging the return of the item/s at their expense.
Oversized Items
Some products are oversized and require additional postage to be paid prior to despatch on what is stated in the checkout. The product listings of oversized items will see the Description tab noted with “Please contact us prior to ordering. This item is oversized and requires additional postage to be paid on what is stated in the checkout.” Further information will also be referred to on the Delivery & Returns tab of each product listing; ‘’This item is oversized and requires additional postage to be paid on what is stated in the checkout. Please contact us prior to ordering so that we can calculate and advise the shipping price for you based on your location. After the order is received via the website we will then contact you prior to despatch to take payment of that additional postage cost”. If you have opted to purchase a product/s without contacting us prior for postage calculations, one of our Customer Service Team will contact you after purchase to confirm the additional cost to be paid. You will then be given the option to pay the additional cost or cancel the oversized item / order. All items on the order will be placed on hold until we receive advice from you. If no advice is received, we reserve the right to cancel and refund the oversized item/s and ship the remaining goods on your order.
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. Once the order has been cancelled and if a refund is due, we will process that refund back to the payment method used when placing the order. Refunds to credit cards can take up to 30 days to appear on your statement depending on your banks gateway.
Please note that we cannot cancel made to order items for a refund or exchange once production has commenced. Any ‘special order’ items are also not eligible for refund, return or exchange and as per their website listing data.
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 (2), 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.
Payment Methods
You may pay the fees and charges for an accepted order using the following payment methods:
- the following credit cards:
- Visa; and
- Mastercard; or
- other payment methods:
- Paypal
- Afterpay
- 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 specifies the total fees and charges for the Products in the order.
Damaged Products and Returns
Please check any product on receipt 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 our Customer Service department. If you notice damage to a Product after delivery or there is a problem with your order, you need to notify us in writing with all details of the damage/problem within 14 days of delivery. If you are reporting damage to an item/s you have already taken delivery of, you may be directed by our Customer Service department to take the item/s to an Australia Post Office to lodge an insured Item ‘Damage Claim’. In this circumstance any further activities cannot progress until we are provided with the Damaged Claim lodgement number. Failure to do as instructed will negate any claim on Fat Shack Vintage. In the case of damaged goods we will refund or replace the product at our discretion.
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 60 days unless the product listing specifically states that an item cannot be returned. In order to process your refund request, please contact us that we can know when to expect the products back. Unwanted items must be returned to us unopened and unused in their full, original, undamaged packaging. We reserve the right to refuse refund or charge a 20% restocking fee at our sole discretion. If the buyer chooses to have the goods returned. We recommend paying for insurance and tracking to ensure your return arrives safely and is covered in case of loss. Returns will be processed within 30 days of receipt.
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.
Once we have received a returned Product and a refund is due, we will process that refund back to the payment method used when placing the order. Refunds to credit cards can take up to 30 days to appear on your statement. No returns are permitted on customised, special order items or sale 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 finishes.
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 specifically 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.
Termination
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:
a. the breach cannot be remedied; or
b. you fail to the remedy the breach within 10 days of our notice to you of that breach; or
c. 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.
At Fat Shack Vintage we respect your privacy. Keeping your personal information secure is paramount. As such we only collect personal information that is necessary for us to conduct our business as an online provider of goods. We collect, hold, use and disclose your personal information in accordance with the National Privacy Principles, as provided in the Federal Privacy Act 1988.
We will collect your personal information through your use of the Site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:
a. for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the Site; and
b. with, to and from third parties who provide services to us in relation to online shopping. These may include mailing houses, call centres, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions.
c. for other purposes to which you consent to (either express or inferred consent).
You may access your personal information, by logging into your registered account or by contacting us.
Terms of Use
General
Your 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.
Registration
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.
General
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 (Cwlth);
-
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 proceedings;
-
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 pretenses;
-
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 infrastructure;
-
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.
Termination
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 site.
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.
Sale Items
Sale prices are as advertised on the website and while stocks last. Products marked as Clearance are not eligible for return. No further offers / discounts on the items apply. No cancellation, refund, return or exchanges are permitted on customised, special order items or as is stated in the product listing description. We reserve the right to end the sale at any time without notice. Dispatch times may increase due to the sale.
User Comments, Feedback and Other Submissions
For any content that you submit, you grant Fat Shack Vintage a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content and/or incorporate such content into any form, medium or technology throughout the world without notice and/or compensation to you.
All content you submit may be used at Fat Shack Vintage's sole discretion. Fat Shack Vintage reserves the right to change, condense, withhold publication, remove or delete any content on Fat Shack Vintage’s website at its sole discretion. Fat Shack Vintage does not warrant or represent that you will have any recourse through Fat Shack Vintage to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, we reserve the right to remove or to refuse to post any submission to the extent authorised by law. You acknowledge that you are responsible for the contents of your submission. Fat Shack Vintage has the right but not the obligation to monitor and edit or remove any activity or content. None of the content you submit shall be subject to any obligation of confidence by Fat Shack Vintage, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers, and employees.