Terms of Service

Overview 

This website is operated by Fontainebleau Holdings Pty Ltd (the Website). Throughout the Website, the terms “we”, “us” and “our” refer to Fontainebleau.  Fontainebleau offers this Website, including all information, tools and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By accessing or visiting our Website, and/ or purchasing something from us via the Website, you engage  our “Service” and in relation to such engagement you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website.  By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service of this agreement, then you may not access the Website or use any services.  If these Terms of Service are considered by you as an offer, acceptance by you implies that you have also accepted and agree to be bound by all the Terms of Service and that this agreement is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current Website shall also be subject to the Terms of Service.  You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website.  It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc.  They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – Online store terms

(a) By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to engage our Service by using the Website including purchasing online from the store . 

(b) You may not use our products for any illegal or unauthorized purpose including but not limited to the transmission of any worms or viruses or any code of a destructive nature nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

(c) A breach or violation of any of the Terms will result in an immediate termination of your access to the Services via the Website.

 

SECTION 2 – General conditions

(a) We reserve the right to refuse to provide the Service via the Website to anyone for any reason at any time.

(b) Your credit card information is always encrypted during transfer over networks.  You nevertheless understand that your content (not including credit card information), may be transferred unencrypted and involve:

(i)transmissions over various networks; and

(ii) changes to conform and adapt to technical requirements of connecting networks or devices. 

(c) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the Website through which the Service is provided, without express written permission by us.

(d) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – Accuracy, completeness and timeliness of information

(a) We are not responsible if information made available on the Website is not accurate, complete or current.  The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the information and material on this Website is at your own risk.

(b) The Website may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of this Website at any time, but we have no obligation to do so. 

(c) You agree that it is your responsibility to monitor changes to our Website.

 

SECTION 4 – Modifications to the service and prices

(a)Prices for our products as displayed on the Website are subject to change without notice.

(b) We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

(c) We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service (or any part or content thereof).

 

SECTION 5 – Products and services 

(a) Certain products featured in our online store may only be available exclusively online through the Website.  These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

(b) We have made every effort to display the products as accurately as possible on the website, including the colors and images of our products.  We cannot guarantee that your computer monitor's display of the product will be an accurate representation of the product.

(c) The products and Services described on the Website, and any samples thereof we may provide to you, are for personal use only.  You may not sell or resell any of the products or Services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or Services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.  

(d) We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. 

(e) All descriptions of products including product pricing are subject to change at any time without notice, at our sole discretion. 

(f) We reserve the right to discontinue listing any product for sale on the website at any time without notice. 

(g) Any offer for any product made on this Website is void where its sale or use is prohibited.

(h) We do not warrant that the quality of any products, information, or other material purchased or obtained by you from the Website will meet your expectations, or that any errors in the provision of the Service will be corrected.

 

SECTION 6 – Ordering and shipping

(a) Orders will be dispatched within Australia within 3 business days after receipt of the order.

(b) Delivery Costs (Australian orders only):

1. Free standard shipping and handling for orders over $100 (excluding GST)
2. For orders under $100 standard shipping and handling:

• Australia Post eParcels - $10.00 (including GST)

(c) Delivery times: 

1. Australia Post eParcels:

• Sydney Metro – 2 to 3 days 
• Melbourne and Brisbane Metro – 3 to 4 days
• NSW ACT VIC Country – 3 to 5 days
• QLD Country – 4 to 6 days
• Adelaide – 4 to 5 days
• SA Country – 5 to 6 days
• Perth – 6 to 8 days
• WA country – 7 to 11 days
• Tasmania – 5 to 6 days
• Northern Territory - 9 days

The shipping times are a guideline only and, unfortunately,  due to the Covid-19 pandemic there may be delays.

2. Express Post:

• All metro – 1 to 2 days
• Other – 2 to 4 days

(d) We are unable to accept orders requiring international shipping at this time.

(e) We are unable to process split shipments within one order at this time.  If you wish to ship to multiple addresses, you can do this by creating separate orders, each with their own delivery address.

(f) We are unable to make changes to orders once placed.  As orders are processed very quickly, please email our customer care team immediately.  It may still be too late to stop the process. We'll do our best to help, but we can't cancel orders once they have shipped.  Refer to our Return Policy for more information about sending products you've ordered back to us.

 

SECTION 7 – Accuracy of billing and account information

(a) We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. In addition, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

(b) You agree to provide us with your current, complete and accurate purchase and account information for all purchases made by you at our store.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 8 – Optional tools

(a) In providing the Service to you we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

(b) You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. 

(c) We shall have no liability whatsoever arising from or relating to your use of such optional third-party tools.

(d) Any use by you of such optional third party tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

(e) We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources).  Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 9 – Third-party links 

(a) Certain content, products and services available via our Service may include materials from third parties.

(b) Third-party links on the Website may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

1. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 10 – User comments, feedback and other submissions

(a) If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.  We are and shall be under no obligation to: 

(i) maintain any comments in confidence; and

(ii) pay compensation for any comments; and/or 

(iii) respond to any comments.

(b) We may, but have no obligation to, monitor, edit or remove content from any comment that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

(c) You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.  You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

 

SECTION 11 – Personal information

(a) Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy here.

 

SECTION 12 – Errors, inaccuracies and omissions

1. Occasionally there may be information on our Website or in the Service provided that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
2. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

(c) We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 13 – Probibited uses

(a) In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: 

1. for any unlawful purpose; and/or
2. to solicit others to perform or participate in any unlawful acts; and/or
3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; and/or
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others; and/or
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; and/or
6. to submit false or misleading information; and/or
7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; and/or
8. to collect or track the personal information of others; and/or
9. to spam, phish, pharm, pretext, spider, crawl, or scrape; and/or
10. for any obscene or immoral purpose; and/or 
11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

(b) We reserve the right to terminate your use of the Service and/the Website and/or any related website for violating any of the prohibited uses.

 

SECTION 14 – Disclaimer of warranties: Limitation of liability

1. We do not guarantee, represent or warrant that your use of the Website or the Service will be uninterrupted, timely, secure or error-free.
2. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
3. You agree that from time to time we may remove the Service or any part or component thereof for indefinite periods of time or cancel the Service at any time, without notice to you.
4. You expressly agree that your use of, or inability to use, the Service is at your sole risk. 
5. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
6. In no case shall Fontainebleau Holdings Pty Ltd, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 15 – Indemnification

1. You agree to indemnify, defend and hold harmless Fontainebleau Holdings Pty Ltd and any of its  parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 16 – Severability

1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 17 – Termination

(a) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

1. These Terms of Service are effective unless and until terminated by either you or us.  You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof) as and from the date of termination.

 

SECTION 18 – Entire agreement

1. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
2. These Terms of Service and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service via the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

1. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 19 – Governing law

1. These Terms of Service and any separate agreements whereby we provide you Services via the Website shall be governed by and construed in accordance with the laws of Australia.

 

SECTION 20 – Changes to terms of service

1. You can review the most current version of the Terms of Service at any time at this page.
2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 21 – Contact information

Questions about these Terms of Service should be sent to us at: info@fontainebleau.com.au.