Menu
Cart 0

Factory Direct Shop | Terms of Service

TERMS OF SERVICE 

OVERVIEW

This website is operated and owned by FACTORY DIRECT SHOPS /AU.

Throughout this website, the terms “we”, “us”, “our” or “FACTORY DIRECT SHOPS” refer to FACTORY DIRECT SHOPS /AU..

Factory Direct Shops offers this website, including all information, tools and services available from this website, to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated herein. 

By accessing our website and/ or submitting your order for processing by us, you agree to engage our “Service” and 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 this website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current online store shall also be subject to these 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 this website. It is your responsibility to check this page periodically for changes. Your continued use of this website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS 

By agreeing to these Terms of Service, you represent that you are at least 16 years old or that you have obtained the consent of your parent(s) or legal guardian(s) who has accepted these Terms of Service and agreed to take responsibility for your actions, any charges associated with your use of our Service and your acceptance/compliance with these Terms of Service. 

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of our Service, violate any laws in your jurisdiction (including but not limited to intellectual property laws). 

You must not transmit any computer worms or viruses or any code of a destructive nature.

A breach or violation of any of these Terms will result in an immediate termination of our Service.

SECTION 2 – YOUR ACCOUNT

In accessing and/or using our online store WWW.FACTORYDIRECTSHOPS.COM you may be required to register an account. To register for an account, you must be 16 years old and above and shall provide us with accurate, complete and updated information as may be required upon registration.

You are responsible for the security of your account information, including without limitation your username and password in relation to your account. You must take all appropriate measures (including but not limited to changing your password from time to time) to ensure the security and confidentiality of your username and password. In the event of any compromise in the security of your username and/or password, you must inform us immediately and change your password. Until such notification is received and confirmed by us and access to your account is disabled at your request, you shall be responsible for all consequences arising from any unauthorised or fraudulent use of your account.

Any violation of this term may result in the termination of your account at the sole discretion of Factory Direct Shops. For the avoidance of doubt, Factory Direct Shops shall have the right to restrict, suspend or terminate your account at any time at the sole discretion of Factory Direct Shops for any reason whatsoever.

SECTION 3 – PRODUCTS, MERCHANDISE, PROMOTIONS AVAILABILITY

The Products/Promotions/Merchandises featured on this website is subject to stock availability. If the Products are not available after your order has been processed online, we will inform you via email or other means of communication provided by you at the time the order was made.

SECTION 4 – ORDERS, COLLECTION, RETURN/REFUND/EXCHANGE POLICIES

  1. GENERAL CANCELLATION OF ORDERS:

Factory Direct Shops does not accept any cancellation/amendments of orders once payment has been confirmed online, therefore, please check your items before proceeding to payment. Factory Direct Shops reserves the right to cancel any order at our discretion. Factory Direct Shops will inform you of such cancellation via email and a refund will be processed as an exceptional case*.

 *Exceptional case: In the event where Factory Direct Shops stores are unable to fulfil your order (see CONTRACT CREATION below), such refunds will be credited without interest into the same credit card that was used to make the order.

(B) RETURN/REFUND/EXCHANGE OF PRODUCTS:

B(i). RETURN/REFUND OF PRODUCTS:

No refunds shall not be entertained by reason of characteristics and or discriminating the place/country of origin of the goods/products or the national origin, gender, sexual orientation, ancestry, marital status, age, religion or belief, ethnicity, race, color, industrial activity, any other basis and or characteristics associated with the manufacturing of the goods/products sold on our website. 

Any refunds may be made in full or in part (if applicable) is at the sole discretion of Factory Direct Shops.

Items must be returned in their original packaging, unused with price tags intact (if any), and must be complete, including accessories and manuals where applicable. Items that have been laundered or altered in any way, cannot be accepted for refund or exchange.

All successful requests for returns/refunds will be refunded and credited without interest into the same credit card that was used to make the order.* We will return to you all payments received from you, excluding delivery charges and admin charges of USD10.00. Requests for returns/refunds may be done by way of email to admin@factory-direct.shop

The acceptance by Factory Direct Shops of any request for refund/exchange shall not constitute nor be deemed to be an acknowledgement or acceptance by Factory Direct Shops of any breach, default or liability on the part of Factory Direct Shops in respect of such product being refunded/exchanged.

Amount refunded will take into consideration the total discounts given to the customer at the point of purchase. 

B(ii) EXCHANGE OF PRODUCTS:

Factory Direct Shops reserves the right to reject any requests for returns/refunds/exchange that does not fulfil our policies above or for any other reason whatsoever. 

(C) DELIVERY OF YOUR ORDER:

Factory Direct Shops is pleased to offer complimentary door-to-door standard delivery service with a minimum qualifier. For purchases below the prescribed amount, you will be charged a flat fee for the standard delivery service. Options of express airfreight services can be requested at the cost to the customer. 

Factory Direct Shops only offers delivery internationally (excluding offshore islands and restricted zones designated by our logistics partner). Customers will be notified via email with TRACKING details once our logistics partner has picked up the items from our processing facility.

You are responsible for ensuring that a recipient is present at your designated address to receive the delivery. In the case of an unsuccessful delivery attempt, our logistics partner will attempt to redelivery attempt at no extra charge. If the second attempt is unsuccessful, the customer may or may not have to pay a minimum and additional fee set by the logistic partner for the standard delivery service. The customer will be notified by the logistic partner with a notice of the attempt to deliver. 

(E) INABILITY TO DELIVER: 

If it is impossible for us to deliver your order to you in person, we will attempt to find a safe place to leave it at your doorstep or letterbox if possible.  

If the order could not be delivered for reasons not attributable to us, Factory Direct Shops shall assume that you wish to cancel the Contract and the sale it will be terminated. As a result of the termination of the Contract, Factory Direct Shops is not obligated to refund to you all payments received from you, including the delivery charges.

(F) PRODUCT AVAILABILITY:

In the event that a product is unavailable after your order has been processed, we will inform you via email. Such refunds will be credited without interest into the same credit card that was used to make the order.

*Exceptional case: In the event where Factory Direct Shops store is unable to fulfil your order (see CONTRACT CREATION below), such refunds will be credited without interest into the same credit card that was used to make the order.

(G) CONTRACT CREATION:

The technical steps required to create the contract between you and us are as follows:

  • You place the order for the products on the website by clicking the Checkout order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website 
  • We will send you an order confirmation email detailing the products you have ordered. This is NOT an order acceptance.
  • Our packing facility will prepare the product and our logistic partner will pick up the package. Once our logistic partner has processed it, a TRACKING NUMBER will be emailed to the customer when the product is ready to be shipped and despatched from our logistic partner’s facility. 
  • Order ACCEPTANCE and the COMPLETION of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order.
  • For most products sent directly from our warehouse, your credit/debit card will be charged when your order is despatched.

Non-acceptance of an order may be a result of one of the following:

  • The product ordered is out of stock
  • Our inability to obtain authorisation for your payment
  • The identification of a pricing or product description error
  • You not meeting the eligibility to order criteria set out in the main Terms & Conditions

SECTION 5 – PAYMENT

You may pay for your order using VISA, MASTERCARD, AMEX, PAYPAL or such other payment modes offered on this website from time to time. You agree that you will be subject to the applicable user agreement of your payment mode and may not claim against Factory Direct Shops for any failure, disruption or error in connection with your chosen payment mode. When you place an order, actual payment will only be confirmed and charged upon acceptance of your order by us. The mode of payment cannot be changed once payment is confirmed.

SECTION 6 – FRAUD PROTECTION POLICY

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorised or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. In such a case, we may reject your order or contact you directly to confirm your order via the phone number or email address provided. We also reserve the right to cancel any account or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.

SECTION 7 – PRICES & CURRENCY

All prices stated on this website are subject to applicable taxes unless otherwise stated.

All prices stated on this website are in US Dollars unless otherwise stated.

SECTION 8 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on this website is provided on an “as is” and “as available” basis and 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. We are not responsible if information made available on this website is not accurate, complete or current. Any reliance on the material on this website is at your own risk.

This 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 update any information. You agree that it is your responsibility to monitor changes to this website.

SECTION 9 - MODIFICATIONS TO OUR SERVICE AND PRICES

Prices for our products are subject to change at any time and without giving any reason or prior notice.

We reserve the right, at any time and without giving any reason or prior notice, to modify, upgrade, suspend, remove or discontinue our Service (or any part or content thereof).

We shall not be liable to you or to any third-party for any price change, modification, upgrade, suspension, removal or discontinuance of our Service.

SECTION 10 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the online store. We cannot guarantee that the colour displayed on the monitor or your computer, mobile phone or any other electronic device will be accurate.

We reserve the right but are not obliged, to limit the sale of our products or services 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 or services that we offer. All descriptions of products or product pricing are subject to change at any time and without giving any reason or prior notice`, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited by applicable laws.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in our Service will be corrected.

SECTION 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

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 via the phone number, billing address or email address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all orders made at the online store. You agree to promptly update your account and other information, including your email address and credit card numbers and their corresponding expiry dates so that we can complete your transactions and contact you as needed.

SECTION 12 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

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. We shall be under no liability whatsoever arising from or relating to your use of such optional third-party tools.

Any use by you of the 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 such optional third-party tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through this 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 13 - THIRD-PARTY LINKS

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

Third-party links on this 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 its accuracy and we do not warrant and shall not be liable or responsible for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We shall not be 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 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions 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 and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, any comments that you forward to us. We shall be under no obligation (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but shall be under no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or is otherwise prohibited by applicable laws (including without limitation, the Broadcasting (Class Licence) Notification), violates any third party’s intellectual property rights or violates these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, obscene material or material which is objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or is otherwise prohibited by applicable laws (including without limitation, the Broadcasting (Class Licence) Notification), or contain any computer virus or other malware that could in any way affect the operation of our Service or any related website. You shall 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 15 - PERSONAL INFORMATION

Your submission of personal information through the online store is governed by our Privacy Policy. Please view our Privacy Policy.

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS

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

We shall be under no obligation to update, amend or clarify information in our Service or on any related website, including without limitation, pricing information, except as required by applicable laws. No specified update or refresh date applied in our Service or on any related website should be taken to indicate that all information in our Service or on any related website has been modified or updated.

SECTION 17 - PROHIBITED USES

In addition to and without prejudice to other prohibitions as set forth in these Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 our Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Service or any related website for violating any of the foregoing.

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of our Service will be accurate or reliable.

You agree that from time to time we may remove our Service for indefinite periods of time or cancel our Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, our Service is at your sole risk. To the maximum extent permitted by applicable laws, our Service and all products and services delivered to you through our Service are (except as expressly stated by us) provided on an 'as is' and 'as available' basis, without any representations, warranties or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

Unless otherwise required applicable laws, in no case, shall Factory Direct Shops, our 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 our Service or any products procured using our Service, or for any other claim related in any way to your use of our 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 our Service or any content (or product) posted, transmitted, or otherwise made available via our Service, even if advised of their possibility.   

For the avoidance of doubt, we shall not be liable for non-delivery, losses and damages (other than death or personal injury resulting from our negligence) arising from the following:

  • laws and regulation imposed and regulated  products/goods by your country;  
  • fair wear and tear;
  • wilful damage;
  • unsuitable or improper use;
  • negligence;
  • accidents;
  • abnormal storage or working conditions;
  • alteration/modification of the product except in accordance with the prescribed instructions;
  • improper maintenance;
  • failure to follow the prescribed instructions; and/or
  • repair / remedial on the product.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless, on-demand, products/goods and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, against or from any claim or demand, including reasonable attorneys’ fees on a full indemnity basis, 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 20 – SEVERABILITY

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 laws, 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 21 - TERMINATION

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

These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to access our website and/or use our Service.

If in our sole discretion 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, your access to our website and/or your use of our Service (or any part thereof) at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 22 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in relation to our Service constitutes the entire agreement and understanding between you and us and govern your use of our Service, 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 these Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against us.

SECTION 23 - GOVERNING LAW

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time at this page.

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 our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or our Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Service, use of our Service, or access to our Service or any contact on the website through which our Service is provided, without our prior written consent.

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

SECTION 26 - CONTACT INFORMATION

 

Questions about these Terms of Service should be emailed to 

[Re: Privacy Compliance Officer ]

admin@factory-direct.shop