Terms of service
Overview
Welcome to Flying Disc Store.
This website is operated by Flying Disc Pty Ltd (ABN 51 608 601 163), trading as Flying Disc Store. Throughout these terms, “we”, “us” and “our” refer to that business.
These Terms of Service explain the conditions for using our website and purchasing our products and services. They apply alongside the policies referenced on our website, including our Privacy Policy, Returns & Refunds Policy and Shipping & Delivery information.
By using our website or placing an order, you agree to these terms. If you do not agree, please do not use the website or our services.
Our online store is hosted by Shopify, which provides the platform we use to sell our products and services.
Nothing in these terms excludes, restricts or modifies any consumer right, guarantee or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.
1. Using Our Online Store
You must be legally able to enter into a binding agreement to purchase from our store. If you allow a minor in your care to use the website, you are responsible for supervising their use.
You must not use our website, products or services for unlawful purposes or in a way that infringes another person’s rights.
You must not upload viruses, malicious software or other material that could damage or disrupt the website.
We may restrict or suspend access where reasonably necessary to address a breach of these terms, protect website security or comply with the law.
2. General Conditions
You must not copy, reproduce, resell or commercially exploit our website content or services without our written permission, unless permitted by law.
Information submitted through the website may pass through different networks and be adapted to meet technical requirements. Personal information is handled in accordance with our Privacy Policy.
We may refuse service where we have reasonable grounds, including suspected fraud, unlawful activity or misuse of the website, subject to applicable law.
3. Website Information
We aim to keep our website information accurate, complete and current. However, errors and outdated information may occasionally appear.
General articles, guides and historical content are provided for reference. Please contact us if you need clarification about a product or information that may affect your purchase.
We may update website content when necessary. This does not affect our obligation to provide accurate product information or your rights under applicable law.
4. Prices & Changes to Our Services
Product prices and availability may change.
We may also update, suspend or discontinue website features or services. Where a change affects an existing order, we will contact you to explain the available options.
Changes to advertised prices do not automatically change the price of an order already accepted by us. Pricing errors are addressed in Section 11.
5. Products & Availability
Some products or services may be available exclusively online or in limited quantities.
We make reasonable efforts to display product images and colours accurately. However, colours may appear differently depending on your screen and display settings.
We may limit quantities, restrict delivery destinations or discontinue products where reasonably necessary because of availability, shipping restrictions or other operational requirements.
Returns and exchanges are handled in accordance with our Returns & Refunds Policy and your rights under the Australian Consumer Law.
6. Orders, Billing & Account Details
Please provide accurate and complete information when placing an order, including your name, billing address, delivery address, payment details and contact information.
Keep your account details up to date so we can process your purchases and contact you if needed.
We may decline, limit or cancel an order where there are reasonable grounds, including:
- The product is unavailable.
- Payment cannot be verified.
- We reasonably suspect fraud or unauthorised activity.
- The order contains a significant pricing or product-information error.
- A quantity or delivery restriction applies.
If we need to change or cancel your order, we will contact you using the details you supplied. If we cancel an order after receiving payment, we will refund the amount paid for the cancelled items and any applicable delivery charges.
7. Third-Party Tools
Our website may provide access to tools operated by third parties.
These tools may be subject to their own terms and privacy policies. Please review those conditions before using them.
We do not control third-party tools or guarantee their availability or performance. This does not exclude any responsibility we have under applicable law.
New tools or features introduced to our website will also be subject to these terms, together with any additional conditions clearly provided.
8. Third-Party Websites
Our website may contain links to other websites or third-party content.
These links are provided for convenience and do not necessarily indicate our endorsement. We do not control the content, policies or practices of external websites.
Before making a purchase or sharing personal information on another website, review its terms and privacy policy.
Questions about purchases made directly from another business should be directed to that business.
9. Reviews, Feedback & Submissions
You are welcome to submit reviews, suggestions and feedback.
When you submit content intended for public display, such as a product review, you give us non-exclusive permission to reproduce, publish and format that content in connection with our store and its promotion. We will not knowingly change its meaning.
You must own the content you submit or have permission to share it. Your submissions must not:
- Infringe copyright, privacy or another person’s rights.
- Include false, misleading, unlawful, abusive or defamatory material.
- Contain malicious software.
- Impersonate another person or misrepresent their origin.
We may remove content that breaches these conditions. We are not obliged to publish, respond to or pay for unsolicited submissions unless separately agreed.
Personal information included in submissions will be handled under our Privacy Policy. Competitions may have separate entry conditions.
10. Personal Information
Our Privacy Policy explains how we collect, use and handle personal information submitted through our store.
Please review that policy before providing personal information.
11. Errors & Corrections
Occasionally, our website may contain errors relating to product descriptions, prices, promotions, shipping charges, delivery estimates or availability.
We may correct these errors and update the relevant information.
If an error affects an order you have placed, we will contact you to explain the issue and the available options. We will not charge an increased price without your agreement.
Where an order is cancelled, we will refund the amount paid for the cancelled items and any applicable delivery charges. Your rights under applicable law remain unchanged.
12. Prohibited Activities
You must not use our website or its content to:
- Carry out or encourage unlawful activity.
- Infringe intellectual property or other legal rights.
- Harass, threaten, abuse or discriminate against others.
- Submit false or misleading information.
- Upload viruses or malicious code.
- Collect or track another person’s personal information without lawful authority.
- Send spam or carry out phishing or other deceptive activity.
- Gain unauthorised access to our systems.
- Interfere with website security or operation.
- Use automated tools to extract content without permission, except where permitted by law.
We may restrict or terminate access where reasonably necessary to address these activities.
13. Consumer Rights & Liability
Our products and services come with rights and guarantees under the Australian Consumer Law that cannot be excluded.
Depending on the circumstances, you may be entitled to a repair, replacement, refund or compensation where a product or service fails to meet a consumer guarantee.
We aim to provide a reliable website, but cannot promise that access will always be uninterrupted or free from technical errors.
Subject to rights and liabilities that cannot lawfully be excluded, we do not provide additional warranties about website availability or third-party content beyond those expressly stated.
Nothing in these terms removes our responsibility for matters for which we remain liable under applicable law.
14. Responsibility for Misuse
To the extent permitted by law, you are responsible for reasonable losses and costs we incur as a direct result of your unlawful use of the website or deliberate breach of these terms.
This does not make you responsible for losses caused or contributed to by our negligence, misconduct or breach of these terms.
We will take reasonable steps to minimise any loss.
15. If Part of These Terms Is Unenforceable
If a provision is found to be unlawful or unenforceable, it will be removed or limited to the extent necessary.
The remaining provisions will continue to apply where they can operate independently.
16. Ending Your Use of Our Services
You may stop using our website and services at any time.
We may suspend or terminate your access where reasonably necessary because of a serious breach of these terms, suspected fraud, a security risk or a legal requirement.
Where appropriate and practicable, we will explain the reason and allow you to address the issue.
Ending access does not remove any payment obligation, refund entitlement or other right or responsibility that arose beforehand.
17. Agreement & Other Policies
These terms, the policies they reference and any additional terms expressly agreed for your purchase govern your use of our website and services.
They replace earlier versions of these Terms of Service.
If we do not immediately enforce a provision, that does not mean we give up the right to enforce it later.
Nothing in this section excludes rights arising from representations or commitments that are binding under applicable law.
18. Governing Law
These terms are governed by the laws of Victoria and the applicable laws of the Commonwealth of Australia.
The parties submit to the non-exclusive jurisdiction of the courts and tribunals of Victoria. This does not limit any mandatory consumer protections or any right to bring a claim in another jurisdiction where the law allows.
The Australian Consumer Law provides consumer protections that cannot be excluded by a business’s terms.
19. Updates to These Terms
We may update these terms to reflect changes to our business, website or legal obligations.
The current version will be available on this page. Where required by law, we will provide notice of material changes.
Updated terms apply to future use and purchases. They do not retrospectively alter an existing order unless agreed with you or required by law.
20. Contact Us
If you have questions about these terms, please contact Flying Disc Store.
Email: orders@flyingdiscstore.com.au
Phone: 0475 872 416