Website Terms and Conditions of Use
1. About the Website
1.1. Welcome to www.fanmaster.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
1.2. The Website is operated by Fanmaster PTY LTD (ABN 45 353 934 457). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Fanmaster. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
1.3. Fanmaster reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Fanmaster updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
1.4 Unless otherwise stated, all prices displayed on the Website are inclusive of Goods and Services Tax (GST), in accordance with Australian Consumer Law.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Fanmaster in the user interface.
3. Registration to Use the Purchase Services
3.1. You can access the Purchase Services as a guest or by registering for an account. Registering an account provides a more seamless and personalised experience, including faster checkout, order tracking, and the ability to save preferences for future purchases.
3.2. As part of the registration or guest checkout process, you may need to provide personal information, including:
(a) an email address
(b) a mailing address
(c) a telephone number
(d) payment details (for purchases).
3.3. You warrant that any information you provide to Fanmaster will always be accurate, correct, and up-to-date.
4. Your Obligations as a Member
4.1. As a Member, you agree to the following obligations:
(a) Use the Purchase Services in compliance with these Terms, applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions.
(b) Maintain the confidentiality of your password and email address. You acknowledge that any unauthorised use of your credentials may result in the immediate suspension of the Purchase Services.
(c) Notify Fanmaster immediately of any unauthorised use of your account or any security breaches.
(d) Use the Website and Purchase Services solely for personal purposes. Access and use are non-transferable and intended only for your use.
(e) Avoid using the Website for illegal or unauthorised purposes, including collecting Members’ email addresses for unsolicited communication or unauthorised framing/linking of the Website.
(f) Refrain from posting commercial advertisements, affiliate links, or solicitations on the Website. Fanmaster reserves the right to remove such content without notice and terminate access for such violations.
(g) Avoid automated interactions with the Website or Purchase Services, such as bots, scraping, or any other forms of automated access.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website, you agree to pay the purchase price listed on the Website for the Product (the ‘Purchase Price’).
5.2. Payment of the Purchase Price may be made through one of the following third-party providers:
(a) Paypal
(b) Stripe
(the ‘Payment Gateway Providers’)
In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Providers.
5.2.1. Paypal and Stripe Credit Card Fraud
Fanmaster reserves the right to request additional identification from customers and to reject orders where the ID is not supplied or does not meet our criteria. To the extent permitted by law, Fanmaster will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card, Stripe, or Paypal account is fraudulently used or is used in an unauthorised manner.
5.3. Following payment of the Purchase Price being confirmed by Fanmaster, you will be issued with a receipt to confirm that the payment has been received, and Fanmaster may record your purchase details for future use.
5.4. Fanmaster may, at its sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
5.5. Pre-Orders and Backorders
5.5.1. Products listed as “Pre-Order” or “Backorder” are not immediately available and may require additional time for delivery. Estimated delivery dates are provided as a guide only and are subject to change based on supplier availability or other factors.
5.5.2. Payment for “Pre-Order” or “Backorder” items is required at the time of purchase unless otherwise stated.
5.5.3. Fanmaster will notify you of any significant delays or changes to delivery timelines.
5.5.4. If a “Pre-Order” or “Backorder” item cannot be fulfilled, an alternative product or a full refund will be offered.
6. Warranty
6.1. Fanmaster’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
6.2. Fanmaster offers warranties for its Products ranging from 12 months to longer periods, depending on the specific Product. The applicable warranty period for each Product is outlined in the product documentation or on the Fanmaster website.
6.3. You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship within the applicable warranty period for your Product.
6.4. In order to make a Warranty Claim during the warranty period, you must provide proof of purchase to Fanmaster showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Fanmaster at 1/6-8 Yalgar Road, KIRRAWEE, NSW 2232, Australia, email at support@fanmaster.com.au, or completing the online claim at https://www.fanmaster.com.au/support/.
6.5. Where the Warranty Claim is accepted, Fanmaster will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the warranty period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
6.6. The Warranty shall be the sole and exclusive warranty granted by Fanmaster and shall be the sole and exclusive remedy available to you in addition to other rights under the law in relation to the Products to which this warranty relates.
6.7. All implied warranties, including the warranties of merchantability and fitness for use, are limited to the applicable warranty period.
6.8. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below, nor to any supplied Products where the exterior has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
7. Delivery
7.1. You acknowledge that the Purchase Services offered by Fanmaster integrate delivery (the ‘Delivery Services’) through the use of third-party delivery companies (the ‘Delivery Service Providers’).
7.2. Delivery timeframes can vary between 1 to 14 business days depending on the shipping location and the availability of the Products. Goods may be dispatched from multiple locations, including Sydney, NSW, and Perth, WA.
7.3. In providing the Purchase Services, Fanmaster may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Fanmaster is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.4. While Fanmaster will make every effort to ensure timely delivery, delays may occur due to factors beyond our control, including carrier delays or unforeseen circumstances. Fanmaster is not liable for such delays.
7.5. In the event that an item is lost or damaged in the course of the Delivery Services, Fanmaster asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact us by sending an email to support@fanmaster.com.au outlining in what way the Products were damaged in transit so we can determine if the Delivery Service Provider should be removed from the Purchase Services.
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services, and all related products of Fanmaster are protected by copyright under Australian law and international treaties. Unless otherwise indicated, all rights (including copyright) in the content of the Website, including text, graphics, logos, button icons, videos, images, audio clips, and software (the ‘Content’), are owned or controlled by Fanmaster or its contributors.
8.2. Fanmaster retains all rights, title, and interest in and to the Website and all related Content. Your use of the Website does not transfer any rights to you, including:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design, or copyright of Fanmaster;
(b) the right to use or exploit a business name, trading name, domain name, trade mark, or industrial design; or
(c) any system or process protected by patent, registered design, or copyright (including adaptations or modifications).
8.3. You are granted a non-exclusive, revocable licence to access and view the Content for personal, non-commercial purposes.
8.4. You may not, without prior written permission from Fanmaster or other relevant rights owners: broadcast, republish, upload, transmit, post, distribute, show or play in public, adapt, or alter the Content for any purpose. This prohibition does not extend to materials on the Website that are expressly available for re-use or are in the public domain.
8.5. Any third-party content displayed on the Website remains the property of the respective owners and is used with permission. Your use of third-party content is subject to the relevant third-party terms and conditions.
9. Privacy
Fanmaster is committed to protecting your privacy. Any personal information collected through your use of the Website and/or Purchase Services is handled in accordance with Fanmaster’s Privacy Policy. The Privacy Policy outlines how we collect, use, and protect your personal data and is available on the Website. By using the Purchase Services, you consent to the collection and use of your information as outlined in the Privacy Policy.
10. General Disclaimer
10.1. You acknowledge that Fanmaster does not provide any guarantees, warranties, representations, or conditions regarding the Products except as expressly stated in these Terms or required by law.
10.2. Fanmaster strives to ensure that Products are accurately depicted on the Website. However, variations in size, colour, and packaging may occur.
10.3. Nothing in these Terms limits or excludes guarantees or warranties implied by law, including those under the Australian Consumer Law.
10.4. To the extent permitted by law:
(a) all non-stated warranties or conditions are excluded; and
(b) Fanmaster is not liable for indirect or consequential losses, including loss of profit or goodwill, arising from the Purchase Services, unless such loss is reasonably foreseeable under Australian Consumer Law.
10.5. Use of the Website, Purchase Services, and Products is at your own risk. All services and content are provided “as is” and “as available,” without any express or implied warranties. Fanmaster and its affiliates disclaim liability for:
(a) failures, delays, or defects in website performance, including viruses or data breaches;
(b) inaccuracies or outdated information on the Website;
(c) costs resulting from using the Website or Purchase Services;
(d) issues with third-party links or advertisements;
(e) incomplete transactions or e-commerce losses; and
(f) defamatory, offensive, or unlawful conduct by third parties.
11. Limitation of Liability
11.1. Fanmaster’s total liability arising from or in connection with the Purchase Services or these Terms, including under contract, tort (including negligence), equity, statute, or otherwise, will not exceed the most recent Purchase Price paid by you or, if no Purchase Price was paid, the resupply of the relevant information or Purchase Services.
11.2. To the fullest extent permitted by law, Fanmaster, its affiliates, employees, agents, contributors, third-party content providers, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to:
(a) loss of profit (whether direct or indirect);
(b) loss of goodwill or business reputation; or
(c) any other intangible loss, however caused and under any theory of liability.
11.3. Fanmaster is not responsible or liable for any site content, including Third-Party Content, posted on the Website or in connection with the Purchase Services. This applies regardless of whether such content is posted by users, third parties, or Fanmaster as part of the Purchase Services.
11.4. You acknowledge that Fanmaster does not provide the Delivery Services and agree that Fanmaster will not be liable for any special, indirect, or consequential loss or damage, including loss of profit, opportunity, or goodwill, arising from or in connection with the Delivery Services provided by third parties.
11.5. Nothing in this section excludes or limits rights, guarantees, or remedies that cannot be excluded under the Australian Consumer Law or other applicable legislation.
12. Termination of Contract
12.1. These Terms remain in effect until terminated by you or Fanmaster as outlined below.
12.2. You may terminate the Terms by:
(a) providing written notice to Fanmaster; and
(b) closing your accounts for all Purchase Services, if this option is available. Notices must be sent through the “Contact Us” link on the Website.
12.3. Fanmaster may terminate the Terms at any time if:
(a) you breach or intend to breach any provision of the Terms;
(b) required by law;
(c) a partner ceases to offer the Purchase Services to you;
(d) the Purchase Services are discontinued in your location; or
(e) providing the Purchase Services is no longer commercially viable.
12.4. Subject to applicable laws, Fanmaster may suspend or cancel your membership or access to the Website without notice if your actions breach the Terms, any law, harm Fanmaster’s reputation, or violate another party’s rights.
12.5. Upon termination, any accrued rights, obligations, or liabilities, or those intended to continue beyond termination, remain in effect indefinitely.
13. Indemnity
13.1. You agree to indemnify Fanmaster, its affiliates, employees, agents, contributors, third-party content providers, and licensors against any:
(a) actions, claims, demands, liabilities, costs, expenses, losses, or damages (including full legal fees) arising from Content you post or share through the Website;
(b) consequences resulting from your access, use, or transactions on the Website, including breaches of these Terms by you or your agents; and
(c) any breach of the Terms.
14. Dispute Resolution
14.1. Compulsory:
If a dispute arises under the Terms, neither party may commence Tribunal or Court proceedings regarding the dispute unless the following steps have been completed (except where urgent interlocutory relief is sought).
14.2. Notice:
A party claiming a dispute (‘Dispute’) must provide written notice to the other party, detailing the nature of the dispute, the desired outcome, and the actions required to resolve it.
14.3. Resolution:
(a) Within 14 days of receiving the notice, both parties must attempt in good faith to resolve the Dispute by negotiation or other agreed means.
(b) If the Dispute remains unresolved 7 days after the notice, the parties must agree on a mediator or request one be appointed by the President of the Australian Mediation Association or their nominee.
(c) The parties will equally share the mediator’s fees and venue costs. Each party will bear their own costs related to the mediation.
(d) The mediation will be conducted in New South Wales, Australia.
14.4. Confidentiality:
All communications and negotiations arising from this dispute resolution process are confidential and will be treated as “without prejudice” negotiations under applicable laws of evidence.
14.5. Termination of Mediation:
If the mediation has not resolved the Dispute within 2 weeks of commencement, either party may request the mediator to terminate the mediation, and the mediator must do so.
15. Venue and Jurisdiction
The Purchase Services offered by Fanmaster are intended for use by residents of Australia. Any disputes arising from or relating to the Website or Purchase Services shall be governed by the laws of New South Wales, Australia. You agree that the exclusive jurisdiction for resolving such disputes lies with the courts of New South Wales.
16. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
Both parties acknowledge that the Terms are fair and reasonable. Each party has had the opportunity to seek independent legal advice and agrees that the Terms are not against public policy, including on the grounds of inequality, bargaining power, or restraint of trade.
18. Severance
If any provision of these Terms is deemed void, invalid, or unenforceable by a Court of competent jurisdiction, that provision will be severed. The remainder of the Terms will continue in full force and effect.
