Terms of service

1. Overview

Welcome to fytoya.shop.

These Terms of Service (“Terms”) govern your access to and use of the fytoya.shop website, online store, products, content, features, and related services.

Throughout these Terms, the terms “fytoya.shop”, “we”, “us”, and “our” refer to fytoya.shop. The terms “you”, “your”, and “customer” refer to any person who visits our website, creates an account, submits information, places an order, or otherwise uses our services.

Our online store is hosted by Shopify, which provides the e-commerce platform that allows us to offer and sell products to customers.

By visiting our website, creating an account, placing an order, or otherwise using our services, you agree to be bound by these Terms and any policies incorporated into them, including our:

Privacy Policy
Return and Refund Policy
Shipping Policy
Contact Us information
Any product-specific conditions displayed on our website

Please read these Terms carefully before using our website.

If you do not agree to these Terms, you should not use our website or place an order.

2. Australian Consumer Law

Nothing in these Terms 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, or any other applicable law.

Our products come with guarantees that cannot be excluded under the Australian Consumer Law.

Where a product has a major failure, you may be entitled to reject the product and choose a refund or replacement. Where a product has a minor failure, we may be entitled to provide an appropriate remedy within a reasonable time.

Any limitations or exclusions in these Terms apply only to the maximum extent permitted by law.

3. Eligibility to Use Our Website

By using our website or placing an order, you confirm that:

You have the legal capacity to enter into a binding agreement
You are using the website for lawful purposes
The information you provide is accurate and complete
You are authorised to use the selected payment method
You will comply with these Terms and all applicable laws

If you are under the age at which you can independently enter into a binding contract in your jurisdiction, you may use our website only with the involvement and permission of a parent or legal guardian.

We reserve the right to refuse service where reasonably necessary to comply with the law, prevent fraud, protect our systems, enforce these Terms, or protect the rights and safety of customers and other persons.

4. Customer Accounts

Some website features may allow or require you to create a customer account.

You are responsible for:

Providing accurate and current account information
Keeping your password and login credentials confidential
Restricting access to your account and device
Promptly updating your contact and delivery information
Informing us if you suspect unauthorised account access

You are responsible for activities conducted through your account unless the activity resulted from our failure to take reasonable security measures or occurred without your knowledge or authority in circumstances where applicable law provides otherwise.

We may suspend or restrict an account where we reasonably believe that:

The account has been compromised
Fraudulent activity has occurred
False or misleading information has been provided
The account is being used unlawfully
These Terms have been materially breached

Where reasonably possible, we will provide an explanation for an account restriction or suspension.

5. Product Information

We aim to provide accurate descriptions, photographs, specifications, sizes, colours, materials, measurements, and other product information.

However:

Colours may appear differently depending on your device, display settings, lighting, and photography
Product packaging may change without materially changing the product
Minor variations may occur between production batches
Measurements may be approximate unless stated otherwise
Product images may include props or accessories that are not included with the purchase

These reasonable variations do not affect your rights where a product is materially different from its description, sample, demonstration model, or representation.

You should review all available product information before placing an order. Contact us at info@fytoya.shop if you require clarification about a product.

6. Product Availability

All products are subject to availability.

Adding a product to your shopping cart does not reserve it or guarantee that it will remain available.

We may limit the quantities of a product available for purchase where reasonably necessary because of:

Limited inventory
Supply restrictions
Promotional limits
Suspected fraudulent or unauthorised purchasing
Resale activity
Technical or pricing errors

If a product becomes unavailable after you place an order, we will contact you and provide an appropriate solution, which may include:

A refund for the unavailable product
An alternative product with your agreement
A revised fulfilment estimate with your agreement
Cancellation of the affected part of the order

We will not substitute a materially different product without your consent.

7. Prices and Currency

Unless otherwise stated, prices displayed on fytoya.shop are shown in the currency selected or displayed during your shopping session.

Where prices are displayed in Australian dollars, they may be identified as AUD or A$.

The final amount payable will be displayed during checkout before you submit your order.

Prices may change from time to time. A price change will not affect an order that we have already accepted, except where:

You request a change to the order
A clear and obvious pricing error has occurred
Applicable taxes, duties, or government charges change before the transaction is completed

Promotional prices may apply only during the specified promotion period and may be subject to additional conditions.

8. Taxes, Duties, and Import Charges

Taxes included in or added to your order will be displayed during checkout where applicable.

Depending on the delivery destination, an order may be subject to customs duties, import taxes, brokerage fees, or other government charges.

Where these charges are not collected at checkout, they may be charged directly by customs authorities, carriers, or other third parties.

Unless otherwise stated or required by law, the customer is responsible for destination-country import duties and taxes that are not collected during checkout.

We do not control charges imposed by government authorities or third-party carriers.

9. Orders and Contract Formation

Submitting an order is an offer to purchase the selected products under these Terms.

After an order is submitted, you may receive an automated acknowledgement or confirmation email. An automated acknowledgement confirms that we received your order but does not necessarily mean the order has been accepted.

An order is accepted when we:

Confirm that the order has been approved for fulfilment
Dispatch the order
Otherwise expressly confirm acceptance

We may conduct reasonable payment, identity, address, security, and fraud checks before accepting an order.

If we cannot accept an order, we will notify you and refund any amount paid for the affected products.

10. Order Information

You are responsible for checking that the following information is accurate before submitting your order:

Product
Quantity
Size
Colour
Delivery address
Billing address
Email address
Telephone number
Payment information

We will make reasonable efforts to update an order before fulfilment, but changes cannot be guaranteed after processing or dispatch has begun.

We are not responsible for delivery problems caused solely by inaccurate information supplied by the customer, except to the extent required by law.

11. Right to Refuse or Cancel an Order

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

A product is unavailable
Payment cannot be authorised or verified
The order appears fraudulent or unauthorised
The delivery address is incomplete or unsupported
An obvious pricing or product listing error occurred
The order exceeds stated quantity restrictions
The customer materially breached these Terms
Accepting the order would breach applicable law
A technical error prevented proper processing

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled products using the original payment method or another appropriate method.

We will not cancel an accepted order arbitrarily or retain payment for products that we do not supply.

12. Payment

Available payment methods will be displayed during checkout.

By submitting payment information, you confirm that:

The information is accurate
You are authorised to use the payment method
The payment method has sufficient funds or credit
You authorise the applicable payment provider to process the transaction

Payments may be processed by Shopify, Shopify Payments, banks, card networks, digital-wallet providers, or other third-party payment processors.

We generally do not directly receive or store complete payment-card details.

An order may be delayed, rejected, or cancelled if payment is:

Declined
Reversed
Unauthorised
Flagged for fraud review
Subject to a chargeback
Incomplete

13. Fraud Prevention and Verification

To protect customers and our business, we may use automated or manual fraud-prevention measures.

We may request reasonable verification information, including confirmation of:

Customer identity
Billing address
Delivery address
Payment authorisation
Order details

You should not send complete card numbers, passwords, or other highly sensitive credentials by email.

If required verification is not provided within a reasonable period, we may cancel the order and issue an appropriate refund.

14. Shipping and Delivery

Shipping options, estimated processing periods, delivery estimates, and any applicable shipping charges are described in our Shipping Policy and during checkout.

Delivery estimates are estimates rather than guaranteed delivery dates unless we expressly agree otherwise.

Delivery may be affected by circumstances including:

Carrier delays
Customs processing
Severe weather
Natural disasters
Public holidays
Incorrect delivery information
Remote-area delivery conditions
Supply-chain disruptions
Events outside reasonable control

We will take reasonable steps to fulfil orders within the stated or otherwise reasonable period.

If we cannot supply a paid product within the agreed time or within a reasonable time, you may be entitled to an appropriate remedy under applicable law.

15. Delivery Risk and Ownership

Risk in a product passes to you when the product is delivered to:

The address specified in your order
A person authorised to receive the parcel
A collection point selected or authorised by you
A safe location expressly authorised by you

Ownership of a product passes to you after we have received full payment and the product has been delivered, subject to applicable law.

This section does not reduce any rights you may have where a parcel is lost, damaged, misdelivered, or not supplied.

16. Missed, Refused, and Unclaimed Deliveries

You are responsible for monitoring tracking information and making reasonable arrangements to receive your parcel.

If a parcel is returned because it was:

Refused
Unclaimed
Not collected from a collection point
Undeliverable due to an incorrect address
Undeliverable after reasonable delivery attempts

we may contact you to arrange redelivery, cancellation, or another appropriate solution.

Reasonable redelivery or return costs may apply where the delivery failure was caused by information or instructions supplied by the customer.

No fees or deductions will be imposed where doing so would conflict with the Australian Consumer Law.

17. Returns, Refunds, and Exchanges

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

Our voluntary return policy operates in addition to your rights under the Australian Consumer Law.

We may request reasonable proof of purchase and information necessary to assess a return request.

Nothing in our Return and Refund Policy or these Terms limits your rights where a product:

Is faulty
Is unsafe
Is not of acceptable quality
Does not match its description
Is not fit for its disclosed purpose
Otherwise fails to meet a consumer guarantee

18. Promotions and Discount Codes

Promotions, discounts, competitions, giveaways, bundles, and promotional codes may be subject to separate conditions.

Unless otherwise stated:

A promotional code must be entered during checkout
Only one promotional code may be used per order
Promotional codes cannot be exchanged for cash
Promotional codes cannot be applied retrospectively
Promotions are available only during the stated period
Promotions are subject to stock availability
Minimum-order requirements are calculated after excluded products and discounts
Shipping charges and gift cards may be excluded from promotional calculations

We may withdraw or correct a promotion where an obvious technical, pricing, or publication error occurred.

We will not cancel a completed promotion arbitrarily where the customer has reasonably relied on valid published terms.

19. Gift Cards and Store Credit

Where gift cards or store credit are offered, additional conditions may apply.

Unless prohibited by law:

Gift cards cannot be exchanged for cash
Gift cards may not be used to purchase additional gift cards
Lost or stolen gift cards may not be replaceable unless ownership can be verified
Store credit may be limited to the account or customer to whom it was issued

Any expiry date, fee, or restriction will be displayed clearly and will comply with applicable law.

20. Website Information

We make reasonable efforts to ensure that information on fytoya.shop is accurate and current.

However, website content may occasionally contain:

Typographical errors
Pricing errors
Product-description errors
Availability errors
Technical inaccuracies
Outdated information

We may correct errors and update information when reasonably necessary.

Where an error affects an order, we will inform you and provide an appropriate option, such as confirming the corrected information or cancelling the affected product for a refund.

21. Changes to Products and Services

We may modify, update, suspend, or discontinue website features or products where reasonably necessary.

Changes may be made because of:

Product availability
Supplier changes
Legal or regulatory requirements
Technical improvements
Security requirements
Business operational changes

Changes will not remove rights that have already arisen under an accepted order or applicable law.

22. Website Access

We aim to keep our website available, secure, and functional.

However, website access may occasionally be interrupted because of:

Maintenance
Updates
Technical failures
Hosting interruptions
Security incidents
Events outside reasonable control

We do not guarantee uninterrupted or error-free access.

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

23. Third-Party Tools and Services

Our website may provide access to services, applications, payment systems, analytics tools, social media features, or other technology operated by third parties.

Third-party services may be governed by their own terms and privacy policies.

We are not responsible for the independent acts, omissions, availability, security, or content of third-party services, except to the extent that liability cannot legally be excluded or the third party acts on our behalf in circumstances where we remain legally responsible.

You should review the applicable third-party terms before using an external service.

24. Third-Party Links

Our website may contain links to third-party websites.

A link does not necessarily mean that we:

Endorse the third party
Control the third-party website
Guarantee its products or services
Accept responsibility for its content

You access third-party websites at your own discretion.

We recommend reviewing the terms, privacy policies, return policies, and security practices of third-party websites before completing a transaction.

25. Reviews, Feedback, and User Content

You may be able to submit reviews, photographs, comments, feedback, suggestions, questions, or other content.

You retain ownership of content you create.

By submitting content to us, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, adapt, and publish that content for operating, improving, and promoting our business, subject to applicable privacy and consumer laws.

This licence ends when the relevant purpose no longer applies, except for content already lawfully incorporated into published materials or retained for legal and recordkeeping purposes.

You confirm that content you submit:

Is accurate based on your genuine experience
Does not infringe another person’s rights
Does not contain unlawful, defamatory, threatening, or deceptive material
Does not contain malicious software
Does not disclose another person’s private information without permission
Is not submitted in exchange for an undisclosed incentive

We may moderate or remove content that breaches these requirements.

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

26. Intellectual Property

Unless otherwise stated, website content is owned by or licensed to fytoya.shop, including:

Logos
Brand names
Product descriptions
Graphics
Photographs
Videos
Website design
Text
Icons
Software
Page layouts

You may access and use the website for personal, non-commercial shopping purposes.

You must not, without appropriate permission:

Copy substantial parts of the website
Republish website content
Sell or commercially exploit our content
Remove copyright or trademark notices
Use our branding in a misleading manner
Scrape or extract data using automated tools
Create a competing database from our content
Reverse engineer website software

Nothing in these Terms transfers ownership of our intellectual property to you.

27. Prohibited Uses

You must not use our website or services:

For unlawful or fraudulent purposes
To violate intellectual-property rights
To harass, threaten, defame, or abuse another person
To submit false or misleading information
To impersonate another person
To transmit viruses, malware, or harmful code
To gain unauthorised access to an account or system
To interfere with website security
To conduct automated scraping without permission
To place fraudulent orders
To misuse promotions or payment systems
To collect personal information about others unlawfully
To send spam or unsolicited communications
To engage in activity that materially disrupts our services

We may restrict access where reasonably necessary to prevent or respond to prohibited conduct.

28. Privacy

Our collection, use, disclosure, storage, and protection of personal information are described in our Privacy Policy.

By using our website, you acknowledge that personal information may be processed by Shopify and other service providers involved in payments, hosting, fulfilment, analytics, security, customer service, and delivery.

Please review our Privacy Policy before using the website or submitting personal information.

29. Electronic Communications

When you:

Place an order
Create an account
Contact us
Subscribe to communications
Use our website

you agree that we may communicate with you electronically where lawful and appropriate.

Electronic communications may include:

Order confirmations
Payment notices
Shipping updates
Account security messages
Customer service responses
Policy updates
Marketing messages where permitted

You may unsubscribe from promotional communications using the unsubscribe link or by contacting us.

Unsubscribing from marketing will not prevent transactional or legally required communications.

30. Disclaimer of Warranties

We provide the website with reasonable care and skill.

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

Website access will always be uninterrupted
Every technical error will be immediately corrected
The website will be compatible with every device
Third-party services will always be available
Website content will be free from every minor error

Any warranties, representations, conditions, or guarantees implied by law remain in effect where they cannot legally be excluded.

This clause does not exclude consumer guarantees applying to products purchased from us.

31. Limitation of Liability

Nothing in these Terms excludes or limits liability for:

Fraud or fraudulent misrepresentation
Wilful misconduct
Personal injury or death caused by negligence where liability cannot be excluded
Breach of a non-excludable consumer guarantee
Any liability that cannot lawfully be excluded or limited

To the maximum extent permitted by law, we are not responsible for indirect or consequential losses that were not reasonably foreseeable when the contract was formed.

Where the Australian Consumer Law permits liability for a failure to comply with a consumer guarantee to be limited, our liability may be limited to an available remedy permitted by law.

Any limitation will be applied reasonably and only to the extent legally permitted.

32. Customer Responsibility

You are responsible for losses reasonably resulting from your unlawful use of the website, fraudulent conduct, deliberate misuse of our services, or material breach of these Terms.

We will take reasonable steps to reduce avoidable loss.

You are not responsible for losses caused by:

Our negligence
Our breach of contract
Our failure to comply with applicable law
Circumstances for which liability cannot legally be transferred to you

33. Indemnity

To the extent permitted by law, you agree to compensate us for reasonable losses, liabilities, and costs directly resulting from:

Your unlawful use of our website
Your fraudulent conduct
Your intentional infringement of another person’s rights
Your material breach of these Terms

This indemnity does not apply to loss caused by our negligence, wrongdoing, breach of contract, or failure to comply with applicable law.

We will not seek recovery for losses that are remote, unreasonable, or avoidable.

34. Events Outside Reasonable Control

Neither party will be responsible for a delay or failure caused by an event outside that party’s reasonable control, except for obligations that cannot legally be excused.

Such events may include:

Natural disasters
Severe weather
War or civil disturbance
Government restrictions
Industrial action
Carrier network disruption
Telecommunications failure
Widespread cyber incidents
Public health emergencies
Supply-chain interruption

The affected party must take reasonable steps to reduce the impact and resume performance.

If a delay continues for an unreasonable period and substantially affects your order, you may contact us to request an appropriate solution.

35. Suspension and Termination

You may stop using our website at any time.

We may suspend or terminate your access where reasonably necessary because:

You materially breach these Terms
You use the website unlawfully
Fraud or security risks are identified
Continued access may harm customers, third parties, or our systems
We are required to do so by law

Termination does not affect rights or obligations that arose before termination.

Terms relating to payment, intellectual property, liability, dispute resolution, and other provisions intended to survive will continue to apply where appropriate.

36. Severability

If any provision of these Terms 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 it cannot be made enforceable, it will be severed.

The remaining provisions will continue to apply.

37. No Waiver

If we do not immediately enforce a right under these Terms, this does not mean that we have waived that right.

A waiver applies only where it is expressly provided and only to the specific circumstances for which it was given.

38. Entire Agreement

These Terms, together with the policies and information expressly incorporated into them, form the agreement between you and us regarding your use of our website and purchase of products.

They replace previous communications or understandings relating to the same subject matter.

Nothing in this section excludes liability for misleading or deceptive conduct or any representation that cannot lawfully be excluded.

39. Interpretation

Headings are included for convenience and do not limit the meaning of these Terms.

Words such as “including” and “includes” are not words of limitation.

Where a provision could be interpreted in more than one way, it should be interpreted consistently with applicable Australian law and in a manner that does not create an unfair contract term.

40. Governing Law and Disputes

These Terms are governed by applicable Australian law.

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

Before commencing formal proceedings, you and fytoya.shop should attempt to resolve the dispute in good faith by contacting the other party and providing:

A description of the dispute
Relevant order information
Supporting evidence
The outcome being requested

This informal process does not prevent either party from:

Seeking urgent relief
Exercising rights under the Australian Consumer Law
Contacting a consumer-protection authority
Using a tribunal, court, or dispute-resolution process
Exercising any right that cannot lawfully be restricted

41. Changes to These Terms

We may update these Terms when reasonably necessary to reflect:

Changes to our services
Changes to business operations
Changes to technology
Changes to payment or delivery providers
Changes to legal or regulatory requirements
Security or fraud-prevention requirements

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

Changes will apply prospectively from the date of publication and will not retrospectively remove rights relating to orders already accepted, unless required by law or agreed with you.

Your continued use of the website after updated Terms are published means the updated Terms will apply to future website use and future orders.

42. Contact Information

Questions about these Terms, products, orders, payments, delivery, returns, or other services may be sent to:

Company: 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.

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