Terms & Conditions

Agreement between Brazcom Imports Pty Ltd and the user of this website:

 

1. General

These Terms of Use, our Privacy Policy, Returns Policy and our Sales Policy, as each is amended from time to time, as well as any other rules and restrictions set forth on this website, apply to you when you view, access or otherwise use the website located at www.functionalfashion.com.au (the "Site"). The Site is owned by Brazcom Imports Pty Ltd ("BI") and is operated by BI on its own behalf. For the purposes of these Terms of Use, the terms "we," "us," "our," and "BI" refer to Brazcom Imports Pty Ltd. "You" refers to you, as a user of this Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Site and, accordingly, you should not do so.

BI reserves the right to change these Terms of Use at any time, with or without notice to you, and you agree that each visit to the Site shall be subject to the current Terms of Use. Accordingly, you should check these Terms of Use periodically for changes prior to using the Site.

The Site is intended for and directed to residents of Australia and all information, advertising and claims contained on the Site are valid in and applicable only to Australia.

 

2. Privacy Policy, Returns Policy and Sales Policy

In addition to these Terms of Use, your use of and access to the Site is also subject to our Privacy Policy and our Sales Policy, each of which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information, our Returns Policy contains information regarding returns, and our Sales Policy contains additional terms regarding your purchase of Products through the Site. You agree that you have read, agreed to and understand BI's complete Privacy Policy, Returns Policy and Sales Policy.

 

3. Use of the Site – Personal and non-commercial use limitation

(a) License to Use the Site

We grant you a non-exclusive, non-transferable, limited right to access, use and display the Site and the copyrighted materials, trademarks and other proprietary information provided hereon ("Site Content"), provided that you comply fully with these Terms of Use. You agree to use the Site and the Site Content only for lawful, personal, non-commercial, and informational purposes. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Site or the Site Content in any manner or for any purpose.

(b) Copyright Protection

The Site and all Site Content contained thereon is protected by copyright as a collective work under copywrite law, and is owned or controlled by, or licensed to, BI. UNAUTHORISED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS OF, POSTING, OR TRANSMITTING OF ANY OF THE SITE CONTENT IS PROHIBITED. You may download any downloadable Site Content displayed on the Site only for lawful, personal, non-commercial and informational purposes, provided that such downloadable Site Content is also subject to the terms of this Section, and provided further that you maintain and abide by all copyright, trademark and other notices contained in such Site Content, or if none, you abide by the following copyright and trademark notice with respect to such downloaded materials:  All trademarks and logos used herein are owned by, or licensed to, BI. Other company and product names used herein are properties of their respective owners. All rights reserved.

(c) Trademarks

All marks, product names and company names appearing on the Site are trademarks and service marks licensed to BI and are protected by law. They may be used publicly only with permission from BI. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.

(d) Commercial Use of Site Content

To obtain permission to copy, reproduce, distribute, display or create derivative works of portions of this Site, please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it

(e) Accuracy of Information

BI strives to accurately and completely describe its products and provide updated information on the Site; however, BI does not warrant that product descriptions and information on the Site are complete or free from error.

In the event a product is listed at an incorrect price due to typographical error or error in pricing information, BI shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. BI shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BI shall issue a credit to your credit card account in the amount of the incorrect price.

Occasionally, product pictures or video footage may be used on the site which refer to limited time promotions. These promotions are only valid for the promotional period, and inclusion of pictures/footage of these promotions within the site does not make the promotional price or offer valid outside of this period.

This Site may contain general information relating to various medical procedures. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor.

 

4. Disclaimers and Limitation of Liability

(a) Disclaimer of Liability

Neither BI, nor any person or entity involved in creating, producing or distributing any Site Content or services contained on this Site, nor any of their respective directors, officers, employees or agents, makes any warranty whatsoever, including without limitation that the Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability, quality or content of any information, service or merchandise provided on or through the Site.

The Site is provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to these terms of use.

Use of this Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other Site Content accessed through or obtained by means of the Site.

(b) Limitation of Liability

To the extent permitted by law, BI, its affiliates, or any person or entity involved in creating, producing or distributing any Site Content or services contained on the Site, or any of their respective directors, officers, employees or agents, will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages of any kind arising out of or related to the use or inability to use the Site, or the breach of any representation or warranty, whether as a breach of contract, tortious behaviour, negligence or any other cause of action, even if BI has been advised of the possibility of such damages.

In all circumstances BI's maximum liability is limited to the amount of the purchase prices of products sold to you through the Site in the preceding twelve month period. BI shall not, under any circumstances, be liable upon a claim or action in contract, tort, indemnity or contribution, or other claims relating to the products it sells, which exceeds this liability limit. Because jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions BI's liability is limited to the extent permitted by law, thereby minimising BI's liability to you to the lowest amount permitted by applicable law.

 

5. Miscellaneous

(a) Governing Law and Jurisdictional Issues

This Agreement is governed in all respects by the laws of South Australia, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

(b) Suggestions and Feedback

We welcome feedback or inquiries about our products. Any unsolicited suggestions will be treated as non-confidential and non-proprietary. Any and all rights to materials and ideas submitted to us become the exclusive property of BI.

(c) Interpretation and Entire Agreement

These terms and conditions, together with our Privacy Policy, Return Policy and Sales Policy, and BI's invoice regarding the products purchased through the Site by a user, form the complete and exclusive agreement between you and BI, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and BI relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

(d) Contact Us

If you have any questions, comments or concerns regarding these Terms of Use and/or the Site, please send an email to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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