These general conditions regarding the purchase of products done remotely by means of a telematic network through the www.floky.com.au website which is a trading name of our business Floky Australia
BN: 48 172 787
These general conditions are valid as of 06/09/2023. They may be updated or changed by Floky Australia at any time, without notice, and will be valid from the date of publication on the website www.floky.au The consumer undertakes and is obliged, whenever there is a change in these general conditions, to take note of them and if they deem it appropriate, to print and store them.
An online sales contract means a distance contract stipulated between a supplier, Floky Australia BN: 48 172 787 and a customer consumer, as part of a distance sales system organized by the supplier, namely, the legal store for movable goods and/or services, which for said contract uses solely distance communication technology known as the internet.
A consumer means a natural person who purchases goods and services for purposes not directly related to any professional activity carried out.
ART. 1: ACCEPTANCE OF THE TERMS OF SALE
1.1 The conditions set out in the introduction are an integral and essential part of this contract.
1.2 All contracts will be concluded directly through access by the Customer (businesses and individuals) to the Website corresponding to the address www.floky.au. At this point, the Customer may conclude the contract for purchasing the desired product carefully following the directions and procedures provided.
1.3 These general conditions of sale must be reviewed online by the customer, before completing the purchase procedure. The forwarding of the order confirmation therefore implies total knowledge of the same and their full acceptance.
1.4 The customer, with the electronic confirmation of their purchase order, accepts unconditionally and undertakes to observe, in its relations with Limestone Enterprise Inc., the general and payment conditions described below, declaring that they have read and accepting all the indications provided by them pursuant to the rules referred to above, also noting that Limestone Enterprise Inc. does not consider itself legally bound to different conditions if not previously agreed upon in writing.
ART. 2: SALE PRICES AND METHODS OF PURCHASE
2.1 All sale prices of the products displayed and indicated on the website www.floky.au for which they constitute an offer to the public in inclusive of HST tax, which is calucated at checkout.
2.2 The total cost of shipping to the customer's home is at the customer’s expense, unless otherwise specified. This cost will, in any case, be disclosed to the customer before confirming the purchase.
2.3 The purchase contract is finalized by means of the exact compilation and consent to the purchase shown through acceptance given online after registering.
2.4 The customer may pay for the ordered goods using the payment methods indicated online at the time of purchase.
2.5 The prices for the different types of transport refer to the weight, volume and delivery destination.
Art. 3: DELIVERY METHODS
3.1 Floky Australia will deliver to customers, at the address indicated by the customer, the selected and ordered products, in the manner provided for in the previous article, by Australia Post.
3.2 The purchased goods will be delivered within the delivery time for regular parcel as outline by Australia Post. No responsibility may be attributed to the supplier for a delayed delivery or non-delivery due to force majeure or unforeseeable circumstances. Specifically: check the availability in the warehouse, Floky Australia will immediately process the order, to the address indicated on the form. Some products may require a few additional days or weeks due to availability and for technical processing and packaging times.
Delivery times for U.S. or international deliveries plus shipping price will vary.
3.3 The customer is expected to verify, upon receipt, the conformity of the product delivered to them with the order placed; only after said verification, and without prejudice, of course, to the right to withdraw provided for in point 8, the customer must sign the delivery documents.
3.4 At the time of delivery of the goods, the customer must verify the intactness of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document. In the event of non-conformity, it must be indicated on the same accompanying document and confirmed, within seven days by registered letter with return receipt to Floky Australia. Even if the packaging is intact, the goods must be checked within seven days of receipt. Any hidden anomalies, must be reported in writing by registered letter with return receipt. Any claims made beyond these deadlines will not be taken into account. For each declaration, the customer assumes full responsibility for what is stated.
3.5 Home delivery, unless otherwise agreed upon in writing between the parties, will be made on ground floor and during office hours: from 8.00 am to 1.00 pm and from 2.00 pm to 6.00 pm, on business days Monday to Friday.
3.6 Floky Australia is not responsible for damage caused by the courier or Australian Post to the products purchased.
ART. 4: PRODUCT AVAILABILITY
4.1 • The customer can purchase only the products currently appearing in the electronic catalogue/ e-store of Floky Australia online at (http://floky.com.au) www.floky.au. If the request made through an online order exceeds the quantity available for a given item, Floky Australia will accept the purchase limited to what is actually available in its virtual warehouse. Floky Australia customer service will notify the customer (by phone or e-mail) whether or not the products ordered will be available in the future.
ART. 5: RESPONSIBILITY
5.1 Floky Australia assumes no responsibility for disruptions attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the contract from being fulfilled within the agreed timeframe.
5.2 Floky Australia will not be liable to any party or third parties for damages, losses and costs incurred as a result of the non-fulfilment of the contract for the aforementioned
causes, with the consumer only being entitled to a refund of the price paid.
5.3 Floky Australia is not responsible for any fraudulent and unlawful use by third parties, of credit cards, checks and other means of payment, when payment of the purchased products is made. Floky Australia is at no time during the purchase procedure able to know the credit card number of the buyer which is transmitted directly to the bank service operator through a secure connection.
ART. 6: BUYER OBLIGATIONS
6.1 The consumer undertakes and is obliged, once the online purchase procedure has been completed, to print and keep these general conditions, which, moreover, they have already seen and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased.
6.2 These general conditions may be updated or changed at any time by Floky Australia which will communicate them through its website. The consumer undertakes and is obliged, whenever there is a change in these general conditions, to print and keep them.
6.3 The buyer is strictly prohibited from entering false, and/or invented, and/or fictitious data into the registration procedure necessary for activating the process for carrying out this contract and further related communications; personal data and e-mail must be exclusively one’s true personal data and not of third parties, or fictitious ones.
6.4 It is expressly forbidden to carry out double registrations corresponding to a single person or enter third-party data. Floky Australia reserves the right to legally prosecute all violations and abuses, in the interest and for the protection of all consumers.
6.5 The Customer relieves Floky Australia of any responsibility arising from the issuance of incorrect fiscal documents due to errors related to data provided by the Customer, as the Customer is solely responsible for entering it correctly.
ART. 7: THE RIGHT TO WITHDRAW
7.1 Under the Consumer Protection Act, when you order a product, it must be delivered within 30 days of the promised delivery date or you can ask for a refund. However, if you choose to keep the item that was delivered late, you lose your right to get a refund for it.
7.2 If for any reason whatsoever, should the consumer not be satisfied with the purchase made, they have the right to withdraw from the stipulated contract, without penalty and without specifying the reason, within 15 working days from the day of receipt of the purchased good.
7.3 All costs of returning products are at the expense of the customer who, directly or by other means, will have them delivered to the seller's domicile; all items must be returned in the same conditions they were received, with the original packaging and any manuals and/or instruction booklets that are part of the product pack and the original packaging; returning the goods in other conditions is not allowed.
7.4 In order to exercise the right to withdraw, the customer must, by the aforementioned deadline, send a registered letter with a return receipt to the following address:
Floky Australia, 11/287 Victoria Road
Rydalmere NSW 2116
+61 2 9638 3088
We will therefore refund the amounts paid by the Customer in the shortest time possible, and in any case within 30 days from the date of receipt of the above communication, retaining only the amount for the cost of shipping, which remains definitively at the Customer’s expense. The right of withdrawal applies only to goods that are intact at the time of return and cannot be exercised for products which, by their nature, cannot be sent back or are likely to alter or deteriorate rapidly.
7.5 Floky Australia will accept the returned goods, reserving the right to ascertain that the products have been returned in their original condition and with the original packaging; only in this case will it send the amount paid by the consumer to purchase the products.
7.6 The expenses for transport incurred for the delivery of the product to the customer and for any returns to Floky Australia are non-refundable.
ART. 8: AUTHORISATIONS
8.1 By filling in the appropriate space found on the website, the Customer authorises Floky Australia to use their credit card, or another card issued in its place, and to charge to its current account in favour of Floky Australia the total amount specified as the cost of the purchase made "online". The entire procedure is done through a secure connection directly connected to the banking institution owner and manager of the online payment service, to which Floky Australia has no access.
8.2 Should the consumer avail themselves of the right to withdraw, as expressed in point 8 of these general conditions, the amount to be refunded will be credited to the same credit card.
ART. 9: CONTRACTUAL TERMINATION AND EXPRESS TERMINATION PROVISION
9.1 Floky Australia has the right to terminate the stipulated contract by giving simple communication to the customer indicating the reason; in this event the customer will be entitled exclusively to be refunded any sum already paid.
9.2 The obligations undertaken by the customer referred to in art. 7 (Buyer Obligations), as well as the guarantee of an effective payment that the customer makes with the means referred to in art. 2, are essential, so that by express agreement, the failure of the Customer to fulfil only one of those obligations will result in the termination of the contract without the need for judicial ruling, without prejudice to the right for Floky Australia to take legal action for compensation for further damages.
9.3 Floky Australia fully respects your privacy. The data you will send to us will be processed through electronic means and will be used by Floky Australia only to allow us to manage orders and shipments. In accordance with the Digital Charter Act on the protection of personal data, all information relating to personal data, orders and payments made is strictly confidential. Please be assured that under no circumstances and for no reason will we disclose personal data to third parties outside of Floky Australia.
If you so desire, you can ask to receive information on new developments, special offers and new product ranges, in order to offer you continuously complete service, by writing to Floky Australia If you do not wish to receive informative messages in the future, you may send an e-mail to info@floky.au.com, entering this indication in the subject of the message. All details relating to the processing of personal data according to Floky Australia.
10.2 For all disputes between the parties concerning this contract, the court in whose district the consumer has their domicile will be competent; for all other customers (foreign customers or companies) it is agreed that all disputes will be the exclusive competence of Australian Courts.
