Legal notice

1. Website Operator

This website is operated under the name fytoya.shop.

Website: fytoya.shop
Contact Email: info@fytoya.shop

References in this Legal Notice to “fytoya.shop”, “we”, “us”, or “our” refer to the operator of this website. References to “you”, “your”, “customer”, or “user” refer to any person who visits, accesses, browses, or purchases through this website.

2. Purpose of This Legal Notice

This Legal Notice explains the conditions applying to:

  • Access to fytoya.shop
  • Use of information published on the website
  • Product descriptions and website content
  • External links and third-party services
  • Intellectual property
  • Website availability and security
  • Liability and consumer rights
  • Communications with fytoya.shop

This Legal Notice should be read together with our:

  • Terms of Service
  • Privacy Policy
  • Return and Refund Policy
  • Shipping Policy
  • Contact Us page
  • Any additional terms displayed during checkout

If there is a conflict between this Legal Notice and a mandatory requirement of applicable law, the mandatory legal requirement will apply.

3. Australian Consumer Law

Nothing in this Legal Notice excludes, restricts, or modifies any consumer guarantee, right, remedy, condition, warranty, or liability that cannot lawfully be excluded, restricted, or modified under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

Products sold to consumers may be subject to statutory guarantees, including that they:

  • Are of acceptable quality
  • Are fit for their normal purpose
  • Are fit for a particular purpose disclosed by the customer and accepted by the seller
  • Match their description
  • Match any applicable sample or demonstration model
  • Are supplied with clear title
  • Do not have undisclosed securities attached to them

Depending on the nature and seriousness of a problem, a customer may be entitled to a repair, replacement, refund, cancellation, compensation, or another remedy under applicable law.

Our store policies operate in addition to, and do not replace, rights available under the Australian Consumer Law.

4. General Website Information

The information published on fytoya.shop is provided for general shopping and informational purposes.

We take reasonable steps to ensure that website information is accurate, complete, and current. However, information may occasionally contain:

  • Typographical errors
  • Technical errors
  • Product-description errors
  • Pricing errors
  • Availability errors
  • Outdated information
  • Formatting or display errors

We may correct or update website content when reasonably necessary.

Where an error materially affects an order, we will contact the customer and provide an appropriate solution, which may include confirming corrected information, offering an alternative, or cancelling the affected product and issuing a refund.

5. No Professional Advice

Information provided on fytoya.shop is not intended to constitute:

  • Legal advice
  • Financial advice
  • Medical advice
  • Health advice
  • Tax advice
  • Technical or professional advice

You should obtain appropriate independent professional advice where a purchasing decision depends on specialist, medical, legal, financial, technical, or safety considerations.

Product information should not be used as a substitute for instructions, warnings, or professional advice provided by a qualified person or the product manufacturer.

6. Product Information

We aim to present products as accurately as reasonably possible.

Product pages may include:

  • Photographs
  • Descriptions
  • Dimensions
  • Materials
  • Colours
  • Sizes
  • Features
  • Compatibility information
  • Usage instructions
  • Safety information

Product appearance may vary slightly because of:

  • Screen and device settings
  • Lighting conditions
  • Photography
  • Manufacturing batches
  • Packaging updates
  • Reasonable differences in measurements
  • Supplier improvements that do not materially change the product

Minor variations do not remove your rights where a product is materially different from its description, image, sample, representation, or expected purpose.

Customers should review all available product information before placing an order.

Questions about a product may be sent to info@fytoya.shop before purchase.

7. Product Availability

All products displayed on fytoya.shop are subject to availability.

Displaying a product on the website does not guarantee that it will remain available or that a particular size, colour, style, or variation is in stock.

Adding a product to a shopping cart does not reserve the product.

If a product becomes unavailable after an order is placed, we may:

  • Cancel the unavailable product and issue a refund
  • Offer an alternative product with the customer’s agreement
  • Provide a revised fulfilment timeframe
  • Cancel the affected order where necessary

We will not substitute a materially different product without the customer’s consent.

8. Prices and Payment Information

We take reasonable steps to display correct prices and payment information.

The final amount payable will be displayed during checkout before the customer submits the order.

Prices, promotions, discounts, and product availability may change without notice before an order is accepted.

We may correct an obvious pricing, calculation, or publication error.

If an obvious error affects an order, we may contact the customer to:

  • Confirm the corrected price
  • Allow the customer to proceed with the corrected information
  • Cancel the affected product or order
  • Issue an appropriate refund

We will not charge a corrected price without the customer’s agreement where the correction increases the amount payable after the order has been submitted.

9. Orders

Submitting an order through fytoya.shop represents an offer to purchase the selected products.

An automated order acknowledgement confirms that we have received the order. It does not necessarily mean that the order has been accepted or approved for fulfilment.

We may review orders for:

  • Payment authorisation
  • Product availability
  • Delivery eligibility
  • Address accuracy
  • Fraud prevention
  • Security
  • Compliance with purchase restrictions
  • Compliance with applicable law

We may refuse or cancel an order where reasonably necessary because:

  • A product is unavailable
  • Payment cannot be authorised
  • Fraudulent or unauthorised activity is suspected
  • An address is incomplete or unsupported
  • An obvious pricing or listing error occurred
  • Accepting the order would violate applicable law
  • The order materially breaches our Terms of Service

If we cancel an order after receiving payment, we will issue an appropriate refund for the cancelled products.

10. Delivery Information

Delivery timeframes displayed on fytoya.shop are estimates unless expressly stated otherwise.

Our standard estimated delivery timeframe for eligible Australian orders is described in our Shipping Policy.

Delivery may be affected by circumstances including:

  • Carrier delays
  • Severe weather
  • Natural disasters
  • Public holidays
  • Peak shopping periods
  • Remote-area delivery conditions
  • Incorrect customer information
  • Transportation disruption
  • Government restrictions
  • Customs or border procedures
  • Events outside our reasonable control

We will take reasonable steps to assist customers when an order is significantly delayed, lost, damaged, or incorrectly delivered.

Nothing in this section removes any remedy available under applicable consumer law.

11. Returns and Refunds

Returns, exchanges, refunds, replacements, and cancellations are governed by our Return and Refund Policy.

Any voluntary change-of-mind policy is separate from the statutory rights available to consumers under the Australian Consumer Law.

A customer may still be entitled to a remedy where a product:

  • Is faulty
  • Is defective
  • Is unsafe
  • Is not of acceptable quality
  • Does not match its description
  • Is not fit for its intended or disclosed purpose
  • Otherwise fails to comply with a consumer guarantee

Customers should contact info@fytoya.shop before returning a product so that appropriate return instructions can be provided.

12. Intellectual Property

Unless otherwise stated, the content available on fytoya.shop is owned by, licensed to, or lawfully used by fytoya.shop.

Protected content may include:

  • Business names
  • Logos
  • Graphics
  • Product photographs
  • Videos
  • Product descriptions
  • Written content
  • Website layouts
  • Icons
  • Designs
  • Databases
  • Software
  • Source code
  • Promotional materials

All applicable copyright, trademark, design, database, and other intellectual property rights are reserved.

You may access and use the website for personal and lawful shopping purposes.

Without prior written permission, you must not:

  • Copy substantial parts of the website
  • Reproduce or republish website content
  • Sell or commercially exploit our content
  • Modify or create derivative commercial materials
  • Remove copyright or trademark notices
  • Use our branding in a misleading way
  • Scrape or systematically extract website data
  • Use website content to create a competing database
  • Suggest an endorsement, partnership, or affiliation that does not exist

Nothing on this website grants ownership of our intellectual property to a user.

13. Third-Party Intellectual Property

Product names, trademarks, logos, photographs, and other materials belonging to third parties remain the property of their respective owners.

The appearance of third-party names or marks on fytoya.shop does not necessarily indicate:

  • Sponsorship
  • Partnership
  • Affiliation
  • Endorsement
  • Approval

Where you believe that content on our website infringes your intellectual property rights, contact us at info@fytoya.shop.

Please provide:

  • Your full name and contact details
  • Identification of the protected work or right
  • Identification of the content in question
  • The location of the content on our website
  • Evidence that you own or are authorised to enforce the right
  • A clear explanation of the alleged infringement

We will review complete and credible notices within a reasonable period.

14. Permitted Use of the Website

You may use fytoya.shop only for lawful personal shopping and informational purposes.

You must not use the website:

  • For fraudulent or unlawful activity
  • To impersonate another person
  • To provide false or misleading information
  • To place unauthorised transactions
  • To interfere with website security
  • To gain unauthorised access to an account or system
  • To introduce viruses, malware, or harmful code
  • To overload or disrupt website infrastructure
  • To conduct unauthorised automated scraping
  • To collect personal information unlawfully
  • To infringe intellectual property rights
  • To send spam or unsolicited communications
  • To misuse discounts, promotions, payment services, or return processes
  • To harass, threaten, defame, or harm another person

We may restrict access where reasonably necessary to prevent fraud, security threats, unlawful activity, or material breaches of our policies.

15. Customer Content and Reviews

Customers may be able to submit:

  • Reviews
  • Ratings
  • Comments
  • Photographs
  • Videos
  • Questions
  • Suggestions
  • Feedback

You retain ownership of content that you create.

By submitting content to fytoya.shop, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, display, and publish the content for purposes connected with operating, improving, and promoting our business.

You confirm that submitted content:

  • Reflects your genuine experience
  • Is accurate to the best of your knowledge
  • Does not infringe another person’s rights
  • Does not contain unlawful or defamatory material
  • Does not contain private information belonging to another person without permission
  • Does not contain malware or harmful code
  • Does not misrepresent an undisclosed commercial incentive

We may moderate or remove content that breaches these conditions.

We will not edit a genuine review in a way that materially misrepresents the reviewer’s opinion.

16. External Links

fytoya.shop may contain links to websites, applications, social media platforms, payment services, or other resources operated by third parties.

External links are provided for convenience and information.

Unless expressly stated, we do not:

  • Control third-party websites
  • Endorse their content
  • Guarantee their availability
  • Guarantee their security
  • Guarantee their products or services
  • Accept responsibility for their independent business practices

Third-party websites may be governed by their own terms, privacy policies, cookie policies, and return policies.

You should review the relevant third-party policies before providing information or completing a transaction.

17. Shopify and Third-Party Services

Our online store is powered by Shopify.

We may also use third-party services for:

  • Hosting
  • Payment processing
  • Fraud prevention
  • Analytics
  • Advertising
  • Email communications
  • Customer service
  • Order fulfilment
  • Shipping and tracking
  • Website security

These providers may process information necessary to perform their services.

Third-party services may be subject to their own legal terms and privacy policies.

Our use of third-party providers does not exclude any responsibility that cannot lawfully be excluded where those providers act on our behalf.

18. Privacy and Personal Information

Our handling of personal information is explained in our Privacy Policy.

Depending on the circumstances and applicable law, personal information may be processed by:

  • fytoya.shop
  • Shopify
  • Payment processors
  • Shipping carriers
  • Fulfilment providers
  • Customer service systems
  • Analytics providers
  • Marketing platforms
  • Fraud-prevention providers
  • Cloud and technology providers

You should review our Privacy Policy before submitting personal information.

Questions or complaints concerning personal information may be sent to info@fytoya.shop.

19. Cookies and Tracking Technologies

fytoya.shop, Shopify, and approved service providers may use:

  • Cookies
  • Pixels
  • Tags
  • Local storage
  • Analytics tools
  • Advertising technologies
  • Similar tracking technologies

These technologies may support:

  • Website functionality
  • Shopping carts
  • Customer accounts
  • Checkout
  • Fraud prevention
  • Security
  • Analytics
  • Personalisation
  • Advertising measurement

You may manage cookies through your browser and, where available, through the privacy controls displayed on our website.

Disabling certain cookies may affect website functionality.

20. Website Availability

We aim to keep fytoya.shop available and functioning properly.

However, uninterrupted or error-free access cannot be guaranteed.

Website access may be temporarily affected by:

  • Maintenance
  • Software updates
  • Hosting interruptions
  • Internet failures
  • Technical errors
  • Cybersecurity incidents
  • Third-party outages
  • Events outside our reasonable control

We may temporarily suspend or restrict access where reasonably necessary to protect customers, systems, personal information, or website security.

We will take reasonable steps to restore service where the interruption is within our control.

21. Website Security

We take reasonable measures to protect our website and customer information.

However, no website, internet transmission, electronic communication, or storage system can be guaranteed to be completely secure.

Users must not attempt to:

  • Bypass security controls
  • Access another customer’s account
  • Test website vulnerabilities without permission
  • Introduce malicious software
  • Interfere with website operation
  • Obtain information through unauthorised means

Customers are responsible for protecting their passwords, devices, and login credentials.

Suspected unauthorised account access should be reported immediately to info@fytoya.shop.

22. Disclaimer of Warranties

We provide the website with reasonable care and skill.

To the maximum extent permitted by law, we do not guarantee that:

  • The website will always be uninterrupted
  • Every technical problem will be corrected immediately
  • The website will be compatible with every device
  • Third-party services will always be available
  • Every item of website content will be free from minor errors
  • Internet communications will always be completely secure

This disclaimer does not exclude any statutory guarantee, warranty, condition, or right that cannot lawfully be excluded.

It does not limit consumer guarantees applying to products purchased through fytoya.shop.

23. Limitation of Liability

Nothing in this Legal Notice excludes or limits liability for:

  • Fraud
  • Fraudulent misrepresentation
  • Wilful misconduct
  • Breach of a non-excludable consumer guarantee
  • Personal injury or death where liability cannot lawfully be excluded
  • Any other liability that cannot legally be excluded or limited

To the maximum extent permitted by law, fytoya.shop will not be liable for indirect or consequential loss that:

  • Was not reasonably foreseeable
  • Was not directly caused by our breach
  • Results solely from unauthorised or unlawful use of the website
  • Results solely from inaccurate information supplied by the customer
  • Results solely from a third-party service outside our reasonable control

Where liability may legally be limited, it will be limited only to the extent permitted by applicable law.

Nothing in this section limits a customer’s right to seek compensation for reasonably foreseeable loss caused by a failure to comply with an applicable consumer guarantee.

24. Events Outside Reasonable Control

We will not be responsible for delay or failure caused by events outside our reasonable control, except where liability cannot lawfully be excluded.

These events may include:

  • Natural disasters
  • Severe weather
  • Fire or flood
  • War or civil unrest
  • Government restrictions
  • Public health emergencies
  • Industrial action
  • Transportation disruption
  • Carrier network failures
  • Telecommunications failures
  • Widespread cyber incidents
  • Major supply-chain interruptions

We will take reasonable steps to reduce the effect of the event and resume performance where possible.

If an event causes an unreasonable delay that substantially affects an order, the customer may contact us to request an appropriate solution.

25. Electronic Communications

By using fytoya.shop, placing an order, creating an account, or contacting us, you agree that we may communicate with you electronically where lawful and appropriate.

Electronic communications may include:

  • Order confirmations
  • Payment notices
  • Shipping updates
  • Tracking information
  • Customer service responses
  • Account security notices
  • Policy updates
  • Marketing communications where permitted

Customers may unsubscribe from promotional emails by using the unsubscribe link provided in the message or by contacting us.

Unsubscribing from marketing communications will not prevent order-related, account-related, security, or legally required messages.

26. Complaints and Disputes

Customers should contact us first if they have a complaint concerning:

  • A product
  • An order
  • A payment
  • Delivery
  • A return
  • A refund
  • Website content
  • Privacy
  • Intellectual property
  • Customer service

Complaints may be sent to:

Email: info@fytoya.shop

Please include:

  • Your full name
  • Your order number, where relevant
  • A clear description of the complaint
  • Relevant photographs or documents
  • The outcome you are seeking

We will review complaints in good faith and aim to provide a response within a reasonable period.

Nothing in this section prevents a customer from contacting an Australian consumer-protection authority, privacy regulator, tribunal, court, payment provider, or another body where legally permitted.

27. Governing Law

This Legal Notice is governed by applicable Australian law.

Mandatory consumer-protection laws of the Australian state or territory connected with the customer’s purchase will continue to apply.

Nothing in this Legal Notice requires a consumer to waive access to a court, tribunal, regulatory authority, or dispute-resolution process that cannot lawfully be restricted.

28. Severability

If any provision of this Legal Notice is found to be unlawful, invalid, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable.

If the provision cannot be made enforceable, it will be severed.

The remaining provisions will continue to apply.

29. No Waiver

If we do not immediately enforce a right under this Legal Notice, this does not mean that the right has been waived.

A waiver will apply only where it is expressly given and only to the specific circumstances covered by that waiver.

30. Changes to This Legal Notice

We may update this Legal Notice to reflect changes to:

  • Our website
  • Our products or services
  • Business operations
  • Technology
  • Service providers
  • Legal requirements
  • Regulatory guidance
  • Security practices

The updated version will be published on this page with a revised “Last Updated” date.

Changes will apply to future website use and will not retrospectively remove rights that have already arisen in relation to an accepted order.

31. Contact Information

For legal notices, website enquiries, complaints, intellectual property concerns, or other questions, please contact:

Website Operator: fytoya.shop
Website: fytoya.shop
Email: info@fytoya.shop

When contacting us about an order, please include your full name, order number, and the email address used to place the order.