TERMS AND CONDITIONS

The following terms and conditions aim to make Phling an easy and safe place to trade. You should understand that by using this web site you have read, understood and agree to be bound by these terms and conditions and to comply with all applicable laws and regulations:

General

For the purpose of this website “Phling” (a trademark of Fashion 4 Technology Pty Ltd, A.B.N. 76 207 972 256) means Phling.com.au, and all products sold and distributed by any means under that name. 

1. This Website (including the Terms and Conditions) are governed by the laws in force in the state of Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of those courts.

2. To the extent permitted by law, Phling is not liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access the website.

3. To the extent permitted by law, Phling is not liable for any indirect or consequential loss arising out of the use of or connected with the site or for any products purchased from the site.

4. Phling reserves the right to amend the Terms and Conditions at any time.

6. It is illegal to reproduce any Phling products without written permission.

7. Phling reserves the right to refuse any submission considered offensive, unacceptable, or detrimental to Phling’s reputation or that of its business partners.

8. Once you have completed your purchase, you will receive an e-mail confirming that you have purchased from Phling. That is when our contract is made.

Product Pricing

All prices stated are in Australian Dollars ($AUD) and include G.S.T (goods & services tax).

Phling reserves the right to make unforeseen adjustments to prices due to manufacturer variations, market conditions, errors in advertising and other extenuating circumstances.

Shipping fees

A shipping fee for product delivery must be selected by the buyer and will be added to the total product price during the purchasing process. The applicable shipping fees are: Australia and New Zealand is $4.95AUD per order and for the Rest of the World is $8.95AUD per order.

Delivery

1. Phling aims to process orders within 2 working days of receiving payment and confirmation email being sent. Orders are shipped using Australia Post. Delivery times will vary according to location. Most expected delivery times will vary from between 2-14 days. This may vary at peak times (such as Christmas) and may be affected by local Customs procedures. A tax invoice will be supplied.

2. Order information such as billing and shipping address that is inaccurate or incomplete my result in delays that shall not be the responsibility of Phling.

3. We will keep you informed about the progress of your purchase through the following emails: A ‘purchase confirmation email’, confirming and congratulating you on your purchase; and an ‘item sent email’ letting you know when your item(s) were shipped.

Customs

1. International orders may be subject to import duties and/or taxes at destination. You understand that any and all charges of this nature will be borne by you.

2. Phling may supply a Customs Label containing a brief description, and valuation of the parcel's contents.

Returns Policy

1. We understand that sometimes an item may not turn out to be just what you need. If this is the case, simply notify us via CONTACT US within 14 days of receipt (including order number) and then return it to us in its original condition and packaging and we will give you a full refund of the sale price (the original shipping costs are non refundable). Please note: You are responsible for the cost and risk of returning the unused item(s). We therefore recommend that you use a guaranteed and registered delivery service when returning any item(s).

2. We take every care to ensure all shipped items leave our warehouse in working order.  However, if items arrive damaged or defective, simply notify us via CONTACT US within 14 days of receipt (including order number) and we will replace them immediately upon receiving the damaged or defective item(s). Please note: The original shipping costs are non refundable and you are responsible for the cost and risk of returning the damaged or defective item(s). We therefore recommend that you use a guaranteed and registered delivery service when returning item(s).

Returns must be sent to:
Phling (trademark of Fashion 4 Technology Pty Ltd)
PO Box 1343
Mooloolaba, Queensland 4557 Australia

Website Security

1. While Phling takes all due care in ensuring privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the internet or while stored on Phling’s systems or on Phling’s website. To the extent legally possible, Phling disclaims all liability to you should a third party observe the information.

2. Any risks associated with the delivery or transmitting of credit/debit card (and/or nominated bank accounts) or personal information to Phling is assumed by the owner of the information. Phling disclaims any liability, loss or damage incurred by the owner of the information while it is being delivered or transmitted. All reasonable measures will be taken to preserve the privacy and safety of information once it is received by Phling.

3. Phling uses PayPal for online credit/debit card payments (and/or from other nominated bank accounts) and does not store any credit/debit card or other nominated bank account information. PayPal will not pass any of your personal information, including credit or debit card or other nominated bank account information to any third party. For more information, please visit the PayPal Security Centre.  

4. You undertake that all details that you provide to us for the purpose of ordering goods, are correct and that the credit/debit card, or any other nominated bank account, and PayPal account are your own and have sufficient funds to cover the cost of the order.

Links to other Websites

Phling provides links and pointers to Internet sites maintained by third parties from its website. Such linked sites are not under the control of Phling and Phling is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. Phling is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Phling of the linked site. Phling is not responsible for the copyright compliance of any linked site. Phling will not be liable for any damages or loss arising in any way out of, or in connection with, or incidental to, any information or service provided by any third party.
Liabilities

1. Phling endeavours to ensure that the information available on the website is true and accurate, but cannot guarantee that it will be error-free. Phling does not make any warranty that the website is free from infection by viruses, trojans, worms or anything else that may have destructive properties.

2. Phling does not accept liability for any errors and omissions and reserves the right to change information, specifications and descriptions of listed goods, products and services.

3. Phling will do its best to correct errors and omissions as quickly as practicable after being notified of them.

4. Phling makes no representations about the fitness for a particular purpose of any of the products or services available on this website.

5. Phling does not accept liability for any indirect or consequential loss arising out of the use of the website or from using any products or services purchased from the website.

6. Phling will only be liable for direct loss up to a maximum total of the price of the product or service purchased in respect of any claim.

7. This Liability section applies only to the extent permitted by law.

Product Disclaimer

Phling disclaims any liability, loss, injury, or damage incurred by the use of any products shown in this web site or sold by retail outlets or distributed by any other means. Phling admits no liability if damage or injury occurs through carelessness or misuse of any products shown in this web site. Phling products are not toys and are a choking hazard. They are not for children under 5 years. They should not be eaten or chewed.

Product Availability

Phling gives no guarantee to you of the continued availability of any particular item advertised on the website and will not be liable to you should any product be out of stock or discontinued at any time prior to removal of the advertisement from the website.

Copyright

You agree that information contained on this website is for personal use only and may not be sold or redistributed. You may download material from this website for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

All content included on this site, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Phling or its content suppliers, and is protected by international copyright laws. All software used on this site is the property of Phling and is protected by international copyright laws. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade contained on this website except permitted herein, is expressly prohibited. Any copyrights, registered trademarks, logos and brand names listed on this website are the property of their respective owners.

Our Rights to Use Information You Send Us

Any feedback, information or idea you transmit to or post on this website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Phling or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Also, you are prohibited from posting or transmitting to or from this website any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Additional

These terms and conditions contain the entire agreement between you and Phling relating to website use and purchase. You are responsible for reading all information in these terms and conditions fully. If any of these terms are held to be invalid or unenforceable, those terms will be struck out and the other terms remain.