SMARTFOX AU
These Terms & Conditions govern your access to and use of our website, including any purchase of products through smartfoxau.com.au and related pages, services, features, or content made available by us.
By accessing our website, creating an account, or placing an order, you agree to be bound by these Terms & Conditions and our Privacy Policy. If you do not agree, you must not use this website.
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Shopping With SmartFox AU
These Terms & Conditions, together with our Privacy Policy, govern your access to and use of the SmartFox AU website, including all related pages, content, products, and services made available through our website.
In these Terms, “SmartFox AU”, “we”, “us”, and “our” means SmartFox AU, and “you” and “your” means the user, customer, or visitor to our website.
By accessing our website, registering an account, or placing an order with us, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions.
We reserve the right to update, amend, or replace these Terms & Conditions at any time by publishing the revised version on our website. The Terms in effect at the time you place your order will apply to that purchase.
SmartFox AU operates in accordance with applicable Australian laws, including relevant consumer, fair trading, and privacy laws.
You may only purchase products from our website if you are legally capable of entering into binding contracts under Australian law.
You agree that all information provided by you when placing an order, including billing details, shipping details, and payment information, is accurate, complete, and current.
If you are purchasing on behalf of another person or using a payment method belonging to another person, you confirm that you have the authority to do so.
We reserve the right, at our sole discretion, to refuse service, reject orders, or cancel transactions where we believe an order breaches these Terms, is fraudulent, or otherwise unsuitable for fulfilment.
SmartFox AU operates as a hybrid e-commerce business, which means we may:
As part of this business model:
We do not manufacture all products sold on our website, and we do not physically inspect every item prior to dispatch.
We make reasonable efforts to ensure that product descriptions, images, specifications, and pricing shown on our website are accurate at the time of publication.
However, you acknowledge and accept that:
Where a product is materially different from its core description, materially damaged on arrival, faulty, or not of acceptable quality, your rights will be assessed in accordance with these Terms and applicable Australian consumer law.
All orders are subject to stock availability and acceptance.
Although we aim to keep product listings current, stock levels may change between the time you place an order and the time your order is accepted and processed.
Products shown as available on our website may be:
If a product becomes unavailable after you place an order, we may, at our discretion:
Products placed in your shopping cart are not reserved and are not considered sold until payment has been received and your order has been accepted.
After you place an order, you may receive an email acknowledging receipt of your order. This acknowledgment does not mean your order has been accepted.
An order is only accepted once we have processed it and confirmed dispatch, or otherwise confirmed acceptance.
We reserve the right to reject, suspend, or cancel any order at any time before dispatch, including where:
To the fullest extent permitted by law, we will not be liable to you or any third party for refusing, cancelling, or withdrawing any order before dispatch.
All prices displayed on our website are in Australian Dollars (AUD), unless otherwise stated.
Prices may be changed at any time without notice. However, the price payable for an order will be the price displayed at the time the order is placed, except in cases of obvious pricing error.
If a pricing error is identified after an order is placed, we may cancel the order and refund any payment received, or contact you with the correct pricing and allow you to decide whether to proceed.
For overseas customers purchasing for delivery within Australia, you acknowledge that exchange rate fluctuations may affect the final amount charged by your payment provider.
Unless expressly stated otherwise, prices may exclude shipping charges and any applicable fees, which will be shown at checkout.
We accept payment methods as displayed on our website from time to time, including but not limited to Visa, Mastercard, and Afterpay where available.
By placing an order, you confirm that:
Payments are processed securely through third-party payment gateways. While we take reasonable precautions to protect your information, we are not liable for loss arising from unauthorised access, fraud, or data interception beyond our reasonable control.
If payment authorisation fails, we may refuse or cancel the order.
Delivery & Product Support
We deliver to physical addresses within Australia unless otherwise stated on our website. We do not deliver to PO Boxes unless specifically agreed.
Shipping costs, where applicable, will be displayed at checkout.
Estimated delivery timeframes are provided as a guide only and may vary depending on:
You acknowledge and agree that:
Risk in the product passes to you once the product is delivered to the nominated delivery address. Where delivery is made to a third-party recipient nominated by you, delivery to that recipient is deemed delivery to you.
We are not responsible for shipping delays, non-delivery, lost parcels, damaged parcels, customs delays, or courier-related issues to the extent caused by third-party carriers or events outside our reasonable control. Nothing in this clause limits any rights you may have under applicable Australian consumer law.
Tracking details may be provided where available, but are not guaranteed for every order or supplier.
Where tracking is available, it may take time to update after dispatch. In some cases, tracking may only become available after a parcel has progressed through part of the delivery network.
Failure to provide tracking does not of itself mean that an order has not been shipped.
If you wish to request a return or exchange for change of mind, you must contact us within 5 days of delivery.
Any change-of-mind return is subject to our approval and the following conditions:
Unless required by law, change-of-mind returns are not guaranteed.
Clearance, sale, personalised, intimate, hygiene-sensitive, perishable, or otherwise non-returnable items may not be eligible for return or exchange.
Return courier costs for change-of-mind returns are your responsibility.
Where we approve a change-of-mind return, any refund may be provided as store credit only, valid for the period stated on our website or in the approval email.
If you wish to exchange an item, the exchange is subject to stock availability and our approval.
We do not guarantee exchanges for size, preference, appearance, or expectation mismatch unless required by law.
Returned goods must be adequately packaged for transit. We reserve the right to refuse returns where the item:
If you believe a product is faulty, damaged on arrival, materially incorrect, or not consistent with its core description, you must contact us as soon as reasonably possible and provide:
We may require the item to be returned, inspected, or assessed before confirming any remedy.
Where a product is confirmed to be faulty, damaged on arrival, materially incorrect, or not of acceptable quality under applicable law, we may provide an appropriate remedy, which may include:
Normal wear and tear, misuse, accidental damage, improper storage, negligence, unreasonable use, or failure to follow instructions are not considered faults.
Minor supplier-related differences in branding, packaging, colour tone, accessories, or presentation will not automatically make an item faulty where the product remains substantially consistent with its core purpose and description.
Nothing in these Terms excludes or limits your rights under applicable Australian consumer law where those rights apply.
Certain products, including plants, food items, perishable goods, and fragile products, may be more susceptible to changes during transit.
You acknowledge that:
Where applicable, you are responsible for promptly receiving, unpacking, storing, and caring for such items after delivery.
We are not responsible for deterioration or condition changes resulting from delays in collection, improper post-delivery handling, environmental exposure after delivery, or conditions outside our reasonable control, subject always to your rights under applicable law.
Some products sold through our website are sourced from third-party suppliers or manufacturers.
Where appropriate, we may assist in facilitating communication or resolution with the supplier or manufacturer. However, this does not mean we accept responsibility beyond what is required by applicable Australian law.
Nothing in these Terms is intended to exclude any non-excludable consumer rights you may have against us under applicable Australian law.
Website & Privacy
Promotions, coupon codes, discounts, and special offers are subject to their specific terms as published at the time of the promotion.
We reserve the right to amend, suspend, or withdraw promotions at any time without notice, unless already applied to an accepted order.
Gift vouchers:
If the full value of a voucher is not used in a single transaction, any unused balance may be forfeited unless otherwise stated.
All content on our website, including but not limited to text, graphics, logos, icons, product descriptions, designs, images, videos, layout, software, and branding, is owned by or licensed to SmartFox AU and is protected by intellectual property laws.
You must not reproduce, republish, distribute, modify, display, transmit, or exploit any part of our website or content without our prior written consent.
You agree that you will not:
We may suspend or terminate your access to the website if we believe you have breached these Terms.
Your use of our website is also governed by our Privacy Policy.
We collect, use, store, and disclose personal information in accordance with applicable Australian privacy laws and our Privacy Policy.
Personal information may be shared with trusted service providers, suppliers, payment processors, and logistics partners where reasonably necessary to process, dispatch, and deliver your order.
We do not intentionally disclose sensitive payment information to suppliers or fulfilment partners.
Our website may contain links to third-party websites, services, or resources. These links are provided for convenience only.
We do not control, endorse, or accept responsibility for the content, availability, products, services, or privacy practices of third-party websites.
Your use of any third-party website is at your own risk.
Legal
To the fullest extent permitted by law, SmartFox AU excludes liability for any indirect, incidental, special, or consequential loss, including loss of profits, business opportunity, goodwill, or data arising out of or in connection with your use of our website or purchase of products.
To the extent permitted by law, our total liability in connection with any claim relating to a product or order is limited to the amount paid by you for that product or order.
Nothing in these Terms excludes, restricts, or limits any rights or remedies you may have under applicable Australian consumer law or any other applicable law where those rights cannot lawfully be excluded.
We are not liable for any delay or failure to perform our obligations where such delay or failure results from events beyond our reasonable control, including but not limited to:
Where such an event occurs, our obligations will be suspended for the duration of the event and resumed as soon as reasonably possible.
We reserve the right to suspend, restrict, or terminate your access to our website or services at any time and without notice where we reasonably believe you have breached these Terms, acted unlawfully, engaged in abusive conduct, or misused our website.
You may request closure of your account by contacting us using the details listed on our website.
These Terms & Conditions are governed by the laws of Australia.
Any dispute arising out of or in connection with these Terms, your use of the website, or any purchase made through the website will be subject to the non-exclusive jurisdiction of the courts of Australia.
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be severed to the extent necessary, and the remaining provisions will continue in full force and effect.
Any failure or delay by SmartFox AU in exercising any right under these Terms does not constitute a waiver of that right.
If you have any questions regarding these Terms & Conditions, returns, or your order, you can contact us:
SmartFox AU
Email: sales@smartfoxau.com.au
Website: smartfoxau.com.au