Terms & Conditions

Oh boy, here comes the fine print! Sorry, but it's important to read these Terms & Conditions before using our Website or snagging Goods from us. By doing so, you're agreeing to these rules. But don't worry, we're not robots. If any issues come up, we'd rather talk it out like humans instead of relying on all this legal mumbo-jumbo.

1. Collection Notice

  1. We may collect, hold, use and disclose your personal information for the following purposes:
    1. to enable you to access and use our website;
    2. to operate, protect, improve and optimise our website, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
    3. to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
    4. to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
    5. to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
    6. to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
    7. to consider your employment application.
  2. We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.
  3. Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us.
  4. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

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2. Accuracy, completeness and timeliness of information

  1. The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
  2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
  3. We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

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3. Terms of sale

  1. All Goods that we sell, whether online or in our stores, are sold on these Terms & Conditions.
  2. We may update or modify these Terms & Conditions at any time, without prior notice, by posting the updated or modified version of these Terms & Conditions on our Website.
  3. The version of these Terms & Conditions that will apply to your order is the version which is available on our Website at the time we accept your order.
  4. We encourage you to review these Terms & Conditions each time you purchase Goods from us or visit our Website.

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4. Online orders

  1. This clause only applies when you order Goods on our Website.
  2. You must be at least 18 years of age to order and purchase Goods from our Website.
  3. The reproduction of colours on our Website is as accurate as possible. However, you acknowledge and accept that the actual colour of a Good may vary from what is displayed on your monitor.
  4. You are responsible for all orders placed on your account, including any discrepancies or errors in your order caused by you.
  5. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
  6. We reserve the right to accept or decline, in whole or in part, any order placed by you. Including in circumstances where we believe there may be credit card fraud, or where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.
  7. We will notify you as soon as possible about the availability of the Goods you have ordered. If we advise you that the Goods you have ordered are no longer available, your order may be declined.
  8. In the event that we cancel or are unable to fulfill your order, we will provide a full refund of any payment received.
  9. Goods in your cart are not reserved until you have completed the checkout process and once payment is received in full.

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5. Prices

  1. Prices shown are in Australian dollars and include GST where applicable.
  2. Prices do not include delivery and handling charges.
  3. All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit issuer, we cannot and will not hold items against your order.
  4. Fluff Daddy reserves the right to change prices for products displayed on the Fluff Daddy website and instore at any time, and to correct pricing errors that may inadvertently occur.

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6. Discount Codes

By using or attempting to use any of the Fluff Daddy discount codes, you agree to accept and be bound by these terms and conditions. 

  1. Discount Codes are only available for a limited time only, or for as long as it is advertised on fluffdaddy.com.au, Fluff Daddy has the right to cancel or change any discount code at any time without notice and in its sole discretion.
  2. Discount Codes cannot be applied to previous purchases nor combined with any other offers or discounts unless otherwise stated.
  3. EXCLUSIONS - If a minimum spend is specified it applies to the cost of goods only not the cost of goods including shipping. Shipping is excluded. 
  4. ALL discount codes exclude items on sale and can only be redeemed on full priced items, unless otherwise stated.
  5. To use a discount code, enter the advertised discount code into the discount code box during the checkout process. You can only use the discount code once unless otherwise stated.

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7. Payment

  1. All payments must be made in Australian currency.
  2. Where we are required to have the Goods manufactured, you must pay us a non-refundable deposit of 50% of the purchase price before the commencement of any manufacture, unless otherwise agreed by us in writing. The final 50% balance must be paid once the Goods have been received into our warehouse or seven days prior to delivery – which date will be at our discretion.
  3. For supply only contracts, you must pay us the entire purchase price no later than three days before the delivery date.

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8. Supply and Delivery of Goods

  1. Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavors to meet stated timeframes for delivery, however we cannot guarantee delivery timeframes will be met.
  2. It is your responsibility to check the condition of the Goods at the location where we deliver (this can either be you personally, or a representative on your behalf). 
  3. If we accidentally damage Goods in the course of delivery, then our liability for that damage is limited to our choice of the repair, refund or replacement of the Goods.
  4. All Goods will have an ‘Authority to Leave’, where it is not safe to leae goods it is your responsibility to notify us and you or a representative must be present to receive the Goods.
  5. We reserve the right to recover any fair and reasonable costs associated with a failed delivery attempt if an ‘Authority to Leave’ is removed from your delivery. 
  6. Delivery is deemed to have commenced once the Goods have either left our warehouse or a booking has been confirmed with a 3rd party transport provider.
  7. Should an order be canceled after delivery has commenced we reserve the right to recover any fair and reasonable costs associated with that cancellation.
  8. We must be in receipt of cleared funds prior to arranging your delivery.

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9. Specifications

  1. All specifications (including any information, technical information, specification, drawings, descriptions, illustrations, dimensions or recommendations) given by us are estimates only. We are under no liability for damages for failure of the Goods to meet such specifications, unless otherwise specifically guaranteed by us in writing. You acknowledge and agree that any such guarantees given by us are subject to reasonable tolerances and margins of error.

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10. Fabrics

  1. Fabric batches may vary in colour and texture.
  2. Whilst we guarantee to make all of your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
  3. We cannot accept any responsibility for fading or discolouration, due to exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour.
  4. We cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly. Please also note that there are certain aerosol sprays, most particularly odour neutralisers and nicotine neutralisers that contain certain chemicals that can react with fabric dyes (the cans should warn against spraying close to upholstery without first covering it).

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11. Title and risk

  1. Title to the Goods passes to you once you have paid us in full for the Goods. Until that time, you hold the Goods on our behalf.
  2. Risk of loss or damage to the Goods passes to you on delivery.

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12. Guarantee/Warranty

  1. The Goods come with guarantees that cannot be excluded, restricted or modified under the Australian Consumer Law.
  2. Nothing in these Terms & Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) and which, by law, cannot be excluded, restricted or modified. However, to the maximum extent permitted by law, we disclaim all other conditions, warranties, guarantees and terms, whether express or implied, under statute or general law, in respect of the Goods.
  3. Each Fluff Daddy frame supplied is warranted against failure due to a manufacturing fault for a period of 5 years from the date of purchase or otherwise in accordance with the Australian Consumer Law.
  4. Components: Other components including, fabrics, leathers, foam, feather and fiber fillings, suspension, springs, mechanisms, zippers, touch fasteners, and legs are warranted against failure due to a manufacturing defect for a period of 12 months or otherwise in accordance with the Australian Consumer Law.
  5. Other Goods: All other goods not specifically listed above are warranted against failure due to a manufacturing defect for a period of 12 months or otherwise in accordance with the Australian Consumer Law.
  6. Guarantees may not be assigned to a third party.
  7. These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your Goods, loss or damage (including rusting and corrosion) due to exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party. Instances when the Product has been used in commercial environments, or in a manner or for a purpose which is greater than, or exceptional to normal domestic residential use, will be exempt from this product guarantee.
  8. Any repair or replacement under this warranty is limited to the defective part only. Fluff Daddy reserves the right to determine whether a part has failed due to a defect or wear and tear and whether a component should be repaired or replaced. Freight, house calls, labour and other items are charged to the purchaser at standard rates and are not included in this warranty. Covering components replaced under this warranty may vary in colour and texture to the original.
  9. Instances when the Product has been used in commercial environments, or in a manner or for a purpose which is greater than, or exceptional to normal domestic residential use, will be exempt from this product guarantee.

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13. Liability

  1. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
  2. We are not liable for physical injury, financial injury, loss (including loss of profits, revenue, business opportunities, likely savings and data) or damage of any kind arising out of, or in connection with, the supply, layout, assembly, installation or operation of the Goods.
  3. For any liability which cannot lawfully be excluded, but can be limited, our liability is limited to our choice of:
    1. re-supplying or paying the cost of re-supplying services; and
    2. repairing, replacing or paying the cost of repairing or replacing goods.

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14. Storage

  1. We reserve the right to charge you a reasonable fee for storage
  2. if:
    1. you are unable to take delivery within 2 weeks of the date of purchase, or within 2 weeks of any Goods we have had manufactured for you being received into our warehouse; or
    2. you notify us that you are unable to take delivery of the Goods at the initial delivery time, in which case we may charge you storage fees in respect of the Goods held for delivery by us from the initial delivery date to the date of actual delivery; or
    3. you do not provide us delivery instructions within three days of a request by us for such instructions, in which case we may charge you storage fees from the first day after we request you to provide us delivery instructions.

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15. Goods Out of Stock

  1. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund or store credit (at your election) in the event we cannot fulfill your order.

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16. Change of Mind Returns

  1. We offer a 30 day change of mind return policy.
  2. When seeking a change of mind return on a product, please contact us via email at hello@fluffdaddy.com.au. Once contacted we will organise the return of your Goods. 
  3. If you wish to make a change of mind return, we will refund the value of the Goods returned less any initial delivery (if any), return delivery, unsalable charges or restocking charges (where applicable).
  4. Return shipping will be calculated as per our courier rates. We will email you what that cost will be before initiating the return.
  5. Goods must be returned to us unused, in their original packaging and in a saleable condition.
  6. Goods that are not returned in their original packaging will be subject to an unsalable fee of $50 which will be deducted from the refunded amount.
  7. Refunds will be issued using the payment method used for purchase or you will be issued with store credit.
  8. We aim to process refunds and/or replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
  9. Where you change your mind on colour/item, we will organise the return of your current Goods and resupply you with your newly preferred choice. You will be liable for ALL shipping costs associated with the Change of Mind.

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17. Damaged/Defective Returns

  1. Where Goods may have been damaged or defective prior or during transit, please contact us via email at hello@fluffdaddy.com.au and provide photographic evidence. 
  2. Once contacted we will investigate your issues and advise you whether your product may be returned and, where required, and provide you with a Return Authorisation and instructions on how to return your goods, with which you must comply.
  3. Once an item is returned we will either inspect your goods and investigate any claimed defect, or, where we believe it is applicable, provide a remedy in relation to your goods. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer's instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
  4. Refunds will be issued using the payment method used for purchase or you will be issued with store credit.
  5. We aim to process refunds and/or replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.

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18. Defective Goods

  1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
  2. Any warranty given by us will apply in addition to other rights and remedies you may have under the Australian Consumer Law or any other law. Where applicable, you may make a claim in relation to goods that are faulty in accordance with our Guarantee/Warranty Terms & Conditions. 
  3. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings and other legal rights, under the Australian competition and consumer act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the competition and consumer regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

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19. Reviews, Comments and other content

  1. You may post reviews, comments and other content on the Site and submit suggestions, ideas, comments, questions or other 
  2. information ("Material"), as long as it is not illegal, obscene, objectionable, abusive, threatening, defamatory, off topic or misleading, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".  We reserve the right to remove or edit any Material.
  3. Fluff Daddy welcomes your reviews and comments. Any content that you submit, you grant Fluff Daddy a perpetual, irrevocable, royalty-free, transferable right and license 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 into any form, medium or technology without compensation to you.
  4. The customer reviews you see on this site are the result of direct feedback from former or current customers collected via emails and website submission. All reviewers that have made an order via our website and have then submitted a review, will have a verified badge accompany their review. We do not pay customers for reviews. We do not reward reviewers based on whether their written analysis is positive or negative. Rather, we publish full and complete reviews from individuals without alteration except to remove personally identifying information. We may elect not to publish reviews that contain inappropriate or irrelevant content. 

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20. Promotions and Competitions

  1. For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

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21. Other Promotions or Sales

  1. Fluff Daddy occasionally runs annual sales, during these sales advertised prices are valid for a limited time only or while stocks last or otherwise stated. NO ADDITIONAL DISCOUNT will be applied to items on sale. Prices as marked. Excludes shipping and gift cards. Fluff Daddy reserves the right to end the sale at any given time without warning.

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22. Linked sites

  1. Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

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23. Intellectual property rights

  1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website.
  2. Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a license to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
  3. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
  4. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

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24. No commercial use

  1. This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

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25. Unacceptable activity

  1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
    1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
    2. using this website to defame or libel us, our employees or other individuals;
    3. uploading files that contain viruses that may cause damage to our property or the property of other individuals;
    4. posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
  2. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

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26. Jurisdiction and governing law

  1. Your use of the website and these Terms are governed by the law of South Australia, Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia, Australia.

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27. Severability

  1. If any provision of these Terms & Conditions is determined by a court of law to be void, invalid or unenforceable then such provision shall be severed from these Terms & Conditions, and the remaining provisions shall remain in full force and effect.

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28. Interpretation

  1. In these Terms & Conditions:
    1. a reference to a statute, code or other law includes regulations and other instruments under it as well as consolidations, amendments, re-enactments or replacements of any of them.
    2. Good(s) means the products (including furniture and any other items) and services (if any) that you buy from us, regardless of whether the purchase is made in-store or online;
    3. Product(s) has the same meaning as Good(s).
    4. Saleable Condition means Goods being presented in an as new, unmarked and unassembled condition, this includes, but it not limited to, being presented in the original packaging;
    5. headings are provided for ease of reference only and not affect the interpretation of meaning of these Terms & Conditions;
    6. the singular includes the plural and vice-versa;
    7. the words “includes”, “including” and other similar terms are not words of limitation;
    8. We, us or our means Fluff Daddy
    9. You or Your is a reference to the buyer of the Goods.

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29. SMS

  1. By consenting to Fluff Daddy’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
  2. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. You can also contact us at hello@fluffdaddy.com.au for more information.
  3. We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
  4. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
  5. Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

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Last Updated: March 2024