The Funkita brand trades under the Australian private company, Way Funky Company Pty Ltd, ABN 15 111 108 251, located at 358 Johnston Street, Abbotsford, VICTORIA 3067, AUSTRALIA

At Way Funky we aim to provide you, the customer, with the highest quality Products and Services. We are committed to providing a prompt, friendly and efficient level of customer service. The following information is provided to ensure we can continue to meet these objectives. Please feel free to contact us if you wish to discuss further any of the following information. By using www.funkita.com, www.funkita.co.nz, www.funkita.co, www.funkita.ca (known collectively as www.wayfunky.com or WFC website) you are deemed to have read and be bound by these terms and conditions.

Please review our Privacy Policy which is located here.

This website has been developed for use by customers and intended customers. You agree not to use the website in any way that causes or is intended to cause access or the website to be damaged, interrupted, or impaired in anyway including but not limited to:

• Causing annoyance or nuisance inconvenience or mischief
• Fraudulent purposes or in connection with unlawful or criminal activity
• Breach of copyright, trademarks, confidence, privacy or any other right

When you place an order to purchase a product from Way Funky Company, we will send you an email confirming receipt and details of your order. Our acceptance of this offer to purchase will be at the time we dispatch that product to you and a confirming email in this regard is sent. The acceptance will be complete at this time. It is agreed at the time you place an order it is your intention to enter into a contract with Way Funky Company Pty Ltd.

We do our best to predict sales through the season however from time to time may be unable to supply particular items. We recommend for items you believe will be popular that you order as early as possible to ensure your request is filled. When a product is no longer available it will be excluded from purchase on our website. Whilst we use our best endeavours to fulfil such orders, we cannot be held responsible if the products are not available at a given point in time. It is further noted that dispatch times indicated are a guide and are not guaranteed dispatch times and should not be relied upon as such.

We accept payment by Visa, MasterCard and American Express via our secure checkout. We also accept payment via PayPal (for orders outside Australia only).

We reserve the right to make changes to our website, policies, terms and conditions at any time.

Should you breach any terms or conditions, and we take no action against you, we shall be entitled to invoke our rights and remedies in any other situation where you breach these conditions.

Please review our Exchanges and Returns Policy which is located here.

All prices listed on www.funkita.com and www.funkytrunks.com are in Australian Dollars. For Australian orders prices are inclusive of GST.

All orders are shipped from Australia. The prices do not include import duties and charges that may be incurred upon entering the country of destination. It is not our responsibility for these charges and although the likelihood of incurring them is small we do encourage you to consult your local customs office for possible charges that may result.

The above terms and conditions are governed by the laws applicable of the state of Victoria in Australia. Both parties submit to the non exclusive jurisdiction of the Victorian Courts.

Thank you for your interest in Way Funky Company Pty Ltd. If you have any further questions please visit our Frequently Asked Questions section or contact us on the details below.

Way Funky Company
358 Johnston Street
Abbotsford, VICTORIA 3067
AUSTRALIA
1300 85 79 89 (within Australia)
+61 3 9419 8820 (international)
sales@wayfunky.com

1. Feed the Funkys Rewards Program, ("the Rewards Program") is operated by the Way Funky Company ABN 15 111 108 251 ("WFC") a company registered in Victoria, Australia. Participation in the Rewards Program indicates your agreement to be bound by the Terms and Conditions as detailed below and will also be taken as you having given the privacy consents referred to in these Terms and Conditions.
2. WFC controls following websites:
funkita.com and funkytrunks.com - payment in AUD
funkita.co.uk and funkytrunks.co.uk - payment in GBP
funkita.eu and funkytrunks.eu - payment in EUR
funkita.co and funkytrunks.co - payment in USD
funkita.ca and funkytrunks.ca - payment in CAD
funkita.co.nz and funkytrunks.co.nz - payment in NZD
funkita.pl and funkytrunks.pl - payment in EUR

3. These Terms and Conditions are separately for the benefit of, and separately enforceable by, each of WFC and the Rewards Program Partners ("Program Partners"). Program Partners are organisations with whom WFC has an agreement concerning:

a) WFC entering credits ("Reward Points") in the Feed the Funkys Rewards Program Membership Account ("Membership Account") held by WFC concerning you as a result of certain eligible transactions; and

b) those Program Partners supplying benefits ("Rewards") to you when WFC accepts and notifies them of a valid redemption request from you.

4. References to dollars or "$" means Australian dollars, unless stated otherwise.

5. You can become a Member of the Rewards Program if you meet the eligibility criteria set out in these terms (and any others posted on any WFC controlled website) and have your application for Membership accepted by WFC (acceptance being at the sole discretion of WFC).

6. You can become a Member of the Rewards Program by creating an account on the Sign Up page of any WFC controlled website.

7. It is free to join the Rewards Program.

8. WFC may issue a Rewards Program Membership number ("Membership number") and/or Rewards Program Membership card or QR code ("Membership card") to you.

9. Only individuals may be members of the Rewards Program. This mean the Rewards Program is for personal membership only and is not available to commercial resellers and any other commercial, government or educational entity. A person can join the Rewards Program at anytime by creating account on any WFC controlled website. A Membership Account will be activated at this time. Any initial and all subsequent transactions will be included in the member's Membership Account as long as the member is logged into their account at the time of placing an order.

10. A member must complete the online registration form at the WFC controlled website in order to apply for a Membership Account and use any reward entitlements issued through the Reward Program.

11. A member's name and email address, postal address and contact phone number are required when applying for a Membership Account.

12. You cannot accrue or use Reward Points until you are a Member of the Rewards Program.

12. Registration in the Reward Program indicates your agreement to receive mailings including special offer and event information and newsletters.

13. Members must keep their registration details up to date.

14. Membership of the Rewards Program is personal to you. This means that Membership Accounts, Membership Cards and all benefits associated with Membership (including Reward Points and Rewards) are not transferable to anyone else. You cannot pool or combine your Reward Points with those of others to redeem Rewards, or for any other reason.

15. Where WFC must give you notice of any matter concerning the Rewards Program, WFC will be taken to have given you that notice if WFC sends you a communication (whether by email, post or otherwise) to the address (including email address) as notified by you from time to time

16. WFC reserves the right, at any time without notice, to:

a) decline to activate or issue Membership Accounts;

b) on reasonable grounds, withdraw or cancel Membership Cards, or entitlements to rewards;

c) terminate a member's membership in the Rewards Program; or

d) terminate the Rewards Program.

15. Reasonable grounds for withdrawal or cancellation of Membership Cards include:

a) any tampering or defacing or unauthorised use of a Membership Card.

b) any abuse or attempted abuse of the Membership Card or the Rewards Program;

c) any use or attempted use of a Membership Card in a manner contrary to these Terms and Conditions;

d) any reasonable belief that purchases made with the Rewards Program are not solely for the individual's personal use; or

e) any reasonable suspicion of dishonesty of a member in connection with the Rewards Program.

16. Members must report if their Membership Card is lost or stolen or their online account details are accessed by another party without the Member's authority. WFC may, in their discretion, issue a replacement card or log in details.

17. Member can opt out of Rewards Program by contacting us via our Contact details listed online or via email sales@wayfunky.com.

1. In these Terms and Conditions, references to the redemption of Reward Points refers to your request to WFC to manage the process under which WFC, or a Program Partner is directed by WFC, to supply an eligible Reward to you in accordance these terms and conditions.

2. WFC will only allocate Reward Points in respect of you for eligible transactions with WFC and eligible program partners. Reward Points will be added to your Membership Cards after your transaction is fully processed, which might take up to 30 business days.

3. Specific limits regarding Reward Points for specific types of transactions are set out in these Terms and Conditions. WFC may apply additional terms in respect of the availability of, and eligibility for, Reward Points by notice on these Terms and Conditions. You agree to observe these additional terms.

4. Transactions which qualify for the earning or redemption of Reward Points and the basis upon which Reward Points are earned and redeemed may differ amongst Program Partners. The earning propositions from time to time of various Program Partners are as set out at the WFC-controlled website.

5. Reward Points earned and redeemed as part of the Rewards Program may be referred to as "points".

6. Reward Points will be held in a member's Membership Card and can be used in full or part payment for a purchase on any WFC controlled website.

7. In order to obtain or redeem Reward Points a member must present their Membership Card at the time of each transaction by logging into their account online, and if available at the point of sale (by discretion of WFC) by quoting their Membership number, in each case before the purchase is concluded.

8. In order to obtain Reward Points, you have to create Membership Account and successfully complete a transaction. Transactions completed without creating a Membership Account (guest transactions) are not awarded with Reward Points.

9. To redeem you Reward Points online, you have to be logged in, and you can redeem any available Reward Points by clicking SPEND YOUR POINT when in the shopping cart, adjusting the slider or typing the correct amount of Reward Points and clicking APPLY.

10. Reward point can be stacked with other vouchers, gift vouchers or promotions that our websites offer.

11. Reward Points have no expiration date, however the duration of expiry of points may be changed by WFC at any time without notice to members.

12. The number of Reward Points allocated to you must be sufficient for the particular Reward requested by you at the time of processing your redemption request.

13. Members earn reward points at the rates listed below on any WFC controlled website. Those rates may be changed by WFC at any time without notice to members.

Rates for earning Reward Points:
1 AUD spent = 10 points
1 GBP spent = 20 points
1 EUR spent = 15 points
1 USD spent = 15 points
1 CAD spent = 9 points
1 NZD spent = 9 points

14. Members may redeem reward points at the rates listed below on any of WFC controlled website. Those rates may be changed by WFC at any time without notice to members.

Rates for spending Reward Points:
100 points = 1 AUD
200 points = 1 GBP
150 points = 1 EUR
150 points = 1 USD
90 points = 1 CAD
90 points = 1 NZD

15. The payment and/or number of Reward Points required to redeem a particular Reward from time to time is set out on our websites and within our Terms & Conditions. Reward point redemption may be limited, withdrawn, modified, cancelled, increased or otherwise amended from time to time by WFC.

16. Membership Accounts, including purchases and entitlements will be updated following the purchase that gives rise to the entitlement, or as soon as possible but may be up to 30 days after purchase in the case of Reward Points. Members should check their Membership Account regularly.

17. WFC will not allocate Reward Points (and will reverse any allocation) in respect of any transaction which is the subject of a cancellation, refund or return.

18. Discount from Reward points is distributed proportionally on the items in the cart (including shipping) based on the price of each item.

19. After submitting a return, refund or cancellation, the balance of Reward Points will be lowered proportional to the amount of returned items.

20. Without incurring any liability to you, WFC may reverse or cancel Reward Points which have been allocated to you through breach of these Terms and Conditions or otherwise incorrectly.

21. Reward points are solely a unit of measurement adopted by WFC and are not any form of contractual right, property or currency. Reward Points are not subject to your direction, control or other entitlement. Reward points cannot be redeemed for cash or for any other benefit outside of the scope of these Terms and Conditions.

22. WFC may receive a payment from Program Partners to enable the provision of Reward Points and/or Rewards to you.

23. The Reward Card is neither a credit, debit or stored value gift card and is to be only used for purposes associated with the operation of the Rewards Program.

24. Trade purchases are not available for inclusion in the Rewards Program.

25. Any disputes relating to transactions in a member's Membership Account should be directed to and raised with WFC as soon as practical, but not more than three months from the date of any activity giving rise to your enquiry. WFC retains absolute discretion in the resolution of all disputes and WFC's decision is final and binding on members.

26. WFC may in its absolute discretion suspend or terminate the Rewards Program at any time without prior notice. WFC will not be liable for the suspension or termination of the Rewards Program on any account whatsoever including (without limitation) for any Reward Points balance in a member's Membership Account at the time of suspension or termination including any Reward Points awarded in accordance with clause 31 of these Terms and Conditions.

27. All conditions and warranties, whether express or implied and whether arising under statute or otherwise, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under the Rewards Program are expressly excluded to the full extent permitted by law. Any liability WFC may have to a member under statute in respect of such goods and services which cannot be excluded is limited, where permitted, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at WFC's option.

28. Participation in the Rewards Program may be subject to taxes (including GST), duties, levies, charges or other liabilities. You accept sole responsibility for informing yourself of these, and for paying such taxes, duties, levies, charges and other liabilities.

29. WFC reserves the right to make any changes at any time to these Terms and Conditions and to any part of the Rewards Program. You can view current version of these Terms and Conditions via the footer menu on any WFC controlled website.

30. To the extent permitted by law, WFC is not liable to you for any monetary loss or damage. Without limitation, WFC is not liable to you for any direct or indirect loss, damage or expense regardless of whether the same arose from negligence, breach of contract or otherwise, and regardless of whether WFC has any control over circumstances giving rise to the claim or not. If WFC is liable to you in any way, our liability will be limited to allocating to your Membership Account the number of Reward Points which WFC consider is appropriate in connection with which the relevant claim arose.

31. You agree that the following apply to the personal information WFC or any existing or prospective Program Partners collect about you in connection with the Rewards Program (including in connection with your transactions with any Program Partners).

32. Your personal details collected as part of the membership application process along with your transaction history and mailing requests will be held on a database maintained by WFC, and will be collected, stored, used and disclosed in accordance with WFC's Privacy and Security policy.

33. WFC's Privacy and Security policy can be viewed via the footer menu on any WFC controlled website.

34. Any or all of WFC and any existing or prospective Program Partners may use personal information collected about you for the purposes of:

a) meeting any of their commitments to you;

b) disclosing that information to third party service providers whom any of them engage to assist in meeting commitments to you;

c) any or all of them marketing products or services to you;

d) any or all of them taking steps to endeavour to improve customer service (including by product development, research and marketing initiatives and analysis (including analysis of your acquisitions of goods and services)), and

e) complying with any law or administrative requirement of any government or judicial agency or stock exchange.

35. You consent to receiving marketing and promotional material from WFC or any existing or prospective Program Partners. You agree that WFC need not include an "unsubscribe" facility in any electronic message WFC sends you.

36. The consideration for the Agreement constituted by these Terms and conditions is WFC's commitment to you to do the following for so long as WFC operates Feed the Funkys Rewards Program:

a) receive and process your application for Membership to the Rewards Program;

b) maintain records of Rewards Points;

c) establish and manage relationships with Program Partners concerning eligible transactions to earn Reward Points and the provision of Rewards;

d) manage the allocation of Reward Points and the redemption of Reward Points;

e) procure the supply of Rewards to you by Program Partners

f) where you have given us an electronic contact address, send you electronic messages to that address providing updates and information concerning the Rewards Program, and

g) provide you with information concerning the Rewards Program via WFC controlled websites.

37. Our obligations under these Terms and Conditions are based on, and limited by, the various limitations and obligations to which you have purported to agree by enrolling for Rewards Program Membership, whether or not these Terms and Conditions are enforceable against, or voidable by, you.

38. Without limitation, WFC cannot guarantee the availability of particular Rewards to meet any redemption request. WFC and any Program Partners may limit, withdraw, modify, cancel or increase the availability of particular Rewards. Neither we, nor any Program Partner who is not the supplier of a particular Reward, will be liable for any loss, damage or expense (however caused) arising from any failure or omission by WFC or Program Partners to supply particular Rewards to you. Separate terms for the supply of Rewards may apply to your relationship with Program Partners in respect of Rewards. WFC is not a party to those separate terms (they do not form part of any contract between you and WFC) and is not liable for any loss, damage or expense (however caused) in connection with that supply arrangement. Should you have any claim regarding the quality or otherwise of a Reward, you should direct that claim to the supplier of that Reward.

39. WFC's contracts with Program Partners are personal to WFC and those Program Partners and are not enforceable by you or for your benefit.

40. WFC does not guarantee that the Rewards Program will continue indefinitely, or that it will always be managed and operated by WFC. The Rewards Program and these Terms and Conditions may be terminated by WFC generally, or in respect of some aspects of it. WFC will give at least 90 days notice of that termination (whether by email, post or otherwise) to the address (including email address) as notified by you from time to time, and by posting details on on our WFC controlled websites.  You will be entitled to redeem any Reward Points that you have accrued as at the date of notice of termination of the Rewards Program for a period of 90 days from when notification of the termination of the Rewards Program was issued. WFC does not guarantee the range or identity of Program Partners - they may change from time to time.

41. Where any law applying to these Terms and Conditions renders the following provisions of this clause unenforceable, then, to that extent, the following provisions of this clause do not apply.

42. These terms together with any subsequent amendments made in accordance with these terms set out the entire terms of the contract with you regarding the Rewards Program.

43. To the extent permitted by law, WFC is not liable to you for any monetary loss or damage. Without limitation, WFC is not liable to you for any direct or indirect loss, damage or expense regardless of whether the same arose from negligence, breach of contract or otherwise, and regardless of whether WFC has any control over circumstances giving rise to the claim or not. If WFC is liable to you in any way, our liability will be limited to allocating to your Membership Account the number of Reward Points which WFC considers is appropriate in connection with which the relevant claim arose.

44. This Agreement is governed by and will be construed in accordance with the law in force in the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of courts of that State.