Terms of Service

These Terms of Service govern your access to and use of the Ferny & Coral website, online store, content, products, services, customer support, and related features.

Business name: Ferny & Coral
Customer support email: support@fernyandcoral.com.au
Returns email: returns@fernyandcoral.com.au
Privacy email: privacy@fernyandcoral.com.au
Phone: +61 7 3185 6429
Business address: 26 Ferny Ave, Avoca QLD 4670, Australia

1. Business Information

The website is operated by Ferny & Coral, an online fashion and apparel retail business with customer support available through support@fernyandcoral.com.au and by phone at +61 7 3185 6429.

2. Related Policies

Your use of our website and purchases from our store are also governed by our Refund and Return Policy, Privacy Policy, Shipping Policy, Contact Information, Legal Notice, and Terms of Sale. These policies form part of the overall terms applicable to your relationship with Ferny & Coral.

3. Consumer Rights

Nothing in these Terms of Service excludes, restricts, or modifies any rights or remedies available under Australian Consumer Law or any other law that cannot legally be excluded, restricted, or modified.

4. Eligibility

By using our website or placing an order, you represent that you are at least the age of majority in your jurisdiction or that you are using the website with the involvement and consent of a parent or legal guardian.

5. Lawful Use

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others, interfere with website operation, compromise security, misuse content, or violate applicable law.

You must not use the website to transmit malware, conduct fraud, attempt unauthorised access, scrape data unlawfully, interfere with checkout, abuse promotions, submit false information, or engage in conduct harmful to customers, our business, service providers, or third parties.

6. Customer Accounts

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. You agree to provide accurate, current, and complete information.

Notify us promptly at support@fernyandcoral.com.au if you suspect unauthorised access to your account.

7. Suspension or Termination

We may suspend or terminate access to accounts, website features, promotions, or services if we reasonably believe there has been fraud, abuse, unlawful activity, security risk, policy violation, payment misuse, or conduct harmful to customers, our business, or third parties.

8. Product Information

We aim to display product descriptions, prices, colours, sizes, availability, images, and other information accurately. However, product colours and appearance may vary depending on screen settings, lighting, photography, manufacturing variations, and device display.

9. Errors and Updates

We may correct errors, inaccuracies, omissions, pricing mistakes, availability issues, product descriptions, shipping charges, or promotional terms at any time, including after an order is placed, subject to Australian Consumer Law and your consumer rights.

10. Intellectual Property

All website content, including text, graphics, images, logos, designs, product names, layout, icons, and other materials, is owned by or licensed to Ferny & Coral or our providers and is protected by intellectual property laws.

You may not copy, reproduce, distribute, modify, sell, exploit, or create derivative works from our website content without prior written permission, except as permitted by law.

11. Customer Reviews and Submitted Content

If you submit reviews, comments, photos, feedback, questions, or other content, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display, edit, and distribute that content for business, marketing, website, and customer support purposes, subject to applicable law.

You must not submit content that is unlawful, false, defamatory, abusive, obscene, infringing, misleading, discriminatory, or harmful.

12. Third-Party Services and Links

Our website may use or link to third-party services, including payment processors, shipping carriers, ecommerce platforms, analytics providers, marketing tools, fraud-prevention services, and external websites. We are not responsible for third-party websites, policies, acts, omissions, services, or content.

13. Website Availability

We aim to keep the website available and secure, but we do not guarantee uninterrupted, error-free, or fully secure access. Website access may be interrupted by maintenance, updates, technical issues, third-party services, network failures, security events, carrier issues, or circumstances outside our reasonable control.

14. Disclaimer

To the maximum extent permitted by law, the website and its content are provided on an “as available” and “as is” basis. We do not guarantee that the website will meet every expectation, be uninterrupted, be error-free, or be free of harmful components.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Ferny & Coral and its owners, employees, contractors, service providers, and affiliates will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages arising from your use of the website or services.

Nothing in this section limits liability or remedies that cannot legally be limited, including mandatory consumer rights and remedies under Australian Consumer Law.

16. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Ferny & Coral from claims, losses, liabilities, damages, costs, and expenses arising from your misuse of the website, breach of these Terms of Service, violation of law, infringement of third-party rights, or submission of unlawful content.

17. Governing Law

These Terms of Service are governed by the laws of Queensland and the applicable laws of the Commonwealth of Australia, without regard to conflict of law principles, subject to mandatory consumer rights that apply.

18. Dispute Resolution

If you have a concern, contact us first at support@fernyandcoral.com.au so we can attempt to resolve the matter. Nothing in this section limits your right to use any consumer protection process, regulator, tribunal, court, payment provider process, or remedy available under applicable law.

19. Changes

We may update these Terms of Service from time to time. Updated terms will be posted on our website. Continued use of the website after changes are posted means the updated terms apply, subject to applicable law.

20. Contact

For questions about these Terms of Service, contact:

Ferny & Coral
26 Ferny Ave
Avoca QLD 4670
Australia
Email: support@fernyandcoral.com.au
Returns email: returns@fernyandcoral.com.au
Privacy email: privacy@fernyandcoral.com.au
Phone: +61 7 3185 6429
Support hours: Monday to Friday, 9:00 AM to 5:00 PM AEST