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Terms & Conditions

(Rentals, click here)

Order Cut-Off, Dispatch

Orders received before 11am Mon-Thu, are processed and dispatched same day. Orders received on Friday are not processed until Monday. For all public holidays applicable to Victoria, orders are not processed until the next business day, subject to the previous rule. 

If you are placing an urgent order after cut-off, we kindly advise that you confirm over the phone if we can meet your expectations, prior to placing your order.

Please note: Orders containing prepacked fairy floss or popcorn, may incur an additional delay of one to two days, however most of the time this is not the case.

Shipping Information

Standard shipping typically is via Australia Post Standard Service. Delivery times vary, however it is usually 3-5 business days to capital cities including Melbourne, Sydney, Canberra, Brisbane. Regional areas are 5 days plus. Express Shipping is either via Australia Post Express Service, or via Direct Freight Express, and in many cases is next business day. For time sensitive deliveries, feel free to call us to confirm. 

IMPORTANT: We cannot guarantee delivery times.

For Tasmania and some regional locations, the freight calculator may underestimate the freight costs. In such an event we may contact you for additional payment.  

Authority to Leave

When placing on online order you consent that in the event no one is available at your delivery address, for your order to be delivered and left in a safe place. If you do not want to accept this condition, please call our office for assistance before placing your order.

Attempted / Futile Delivery

If delivery cannot be made due to incorrect shipping information or any other reason not attributed to us, redelivery charges apply. If the delivery is returned, further shipping fees apply to resend the order.

Non-Supply

We reserve the right to cancel and refund in full any order.

Appliances and Equipment

Appliances and Equipment sold on this website are intended for commercial use only and are not intended for use by children.

In the event of damage, if it is cosmetic only and does not affect the intended function of the machine we reserve the right to resolve the issue by providing a store credit. The amount of the credit will be determined by us. 

Returns

Not all orders are refundable. Payment processing fees are not refundable.

THE FOLLOWING CANNOT BE RETURNED:

  • Bulk Sugar
  • Packaged Fairy Floss
  • Packaged Popcorn
  • Customised Products
  • Large Orders

If you are unsure your order can be returned, please confirm prior to placing your order.

If your item can be returned or exchanged the following applies:

  • Request a return or exchange within 7 days
  • 20% restocking fee
  • Shipping fees are non refundable or exchangeable
  • Online payment processing fee of 2.2% not refundable or exchangeable
  • Items must be returned with their original packaging intact

To return an item, please send it to:

FLOSSY’S FAIRY FLOSS
19 Nellbern Road, Moorabbin, VIC 3189

And also include the following information:

  • Your Order number (which appears on the top of the confirmation email)
  • Your name and address
  • A description of the item you are returning and why you are returning the item.
  • Whether you would like a refund or exchange. If you wish to exchange it for a different item, please include the name and item number of the replacement item.

Rentals

  1. Hire of equipment
    1. Hiring of the equipment will commence from the commencement specified herein and continue for the term specified herein.
    2. Equipment hired is detailed as per the order information and signed for on the Packing Slip or Delivery Docket.
    3. Hirer is entitled to use the equipment for the hire period.
    4. Hirer agrees to return the goods on or before the end of the hire period as outline herein.
    5. Attitude Foods Group P/L will not refund any hire charge monies if the hirer elects to return the equipment prior to the end of the hire period.
  2. Cancellation
    1. Cancellation fee of $55 or 30% (whichever is greater) applies within 7-3 business days of day of hire.
    2. Cancellation fee of 80% applies within 3 business days of hire day.
    3. Supplies (a.k.a servings) for the following machines are non-refundable in the event of cancellation within 4 business days of day of hire: Slushie Machine, Ice Cream Machine, Popcorn Warmer and Chocolate Fountain.
    4. Payment processing fees are to be deducted from the refund amount.
  3. Additional fees, and charges
    1. Hirer agrees to pay Attitude Foods Group P/L any additional cost or fees as outlined in this agreement and that Attitude Foods Group P/L may charge their credit card accordingly.
  4. Use, operation, and maintenance
    1. Hirer agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks.
    2. Hirer agrees to operate, maintain, and store the equipment strictly in accordance with any instruction provided by Attitude Foods Group P/L, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by the Attitude Foods Group P/L or posted on the equipment as to the operations, maintenance and storage thereof.
    3. Hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations.
    4. OWN INGREDIENTS PROHIBITED. Due to allergen control and certification restrictions Hirer agrees to only use supplies purchased or included with the hire. $220 deep cleaning fee per machine applies if condition breached.
  5. Hirer’s and Attitude Foods Group P/L warranties
    1. Hirer warrants that:
      1. Equipment will not be used for any illegal purpose;
      2. Persons operating the equipment are suitably instructed in its safe and proper use;
      3. Hirer agrees that the equipment complies with its description, is in merchantable condition and is fit for the hirer’s purpose
    2. Where Australian Consumer Law applies, the Hirer has the benefit of guarantees in relation to the hire of Equipment which cannot be excluded
    3. To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply, the Attitude Foods Group P/L makes no representations and gives no warranties other than those set out in this Hire Agreement, and will not be liable to the Hirer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the equipment by the hirer
  6. Indemnity
    1. To the full extent permitted by law the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent on the use or misuse of the equipment during the hire period
    2. Hirer indemnifies Attitude Foods Group P/L for any loss that the hirer incurs under any circumstance, including but not limited to: equipment failure; late or not delivered equipment, goods or supplies; negligence etc. 
  7. Loss, damage, late return, futile delivery/colletion, or theft of equipment
    1. The hirer will be responsible for any loss, damage, or theft of/to the equipment irrespective of how the loss, damage or theft occurred during the hire period.
    2. If there is a breakdown or failure of the equipment, then the hirer shall return the equipment to the owner at the hirer’s expense and the hirer shall not attempt to repair the equipment.
    3. In the event of futile delivery or collection, redelivery or collection charges apply.
    4. Further to the above, in case redelivery is not possible, full rental charges apply for the first booking day, and any remaining days on the booking are subject to cancellation policy, if applicable.
    5. For futile collection, late return fees apply until the machine/s are returned or Attitude Foods Group P/L can successfully collect the machine/s and equipment.
  8. Non-Return
    1. If at the conclusion of the rental term the equipment is not returned daily fee of $66 applies per machine and equipment. Additionally:
      1. Attitude Foods Group P/L reserves the right to send a driver to the hirer’s address to attempt collection. Each collection attempt incurs a collection fee calculated at $132 per hour for total time for: travel, waiting time and return trip.
      2. Attitude Foods Group will make 3 attempts with no more than 1 per day, to retrieve the equipment. Attempts can either be a call or email to the hirer or an attempt at collection.
      3. If after 3 retrieval attempts the hirer has not returned the equipment, Attitude Foods Group P/L will consider the equipment stolen.
  9. Liability
    1. The hirer will assume all risks and liabilities for and in respect of the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair or storage of the equipment.
  10. Disclaimer
    1. To the extent permitted by law the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment
  11. Severance
    1. If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
  12. Governing law
    1. This Agreement is governed by the laws of Victoria. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement
  13. Interpretation
    1. In this Agreement, unless the context otherwise requires:
      1. A reference to the singular includes the plural and vice versa;
      2. A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assignees, and where applicable, its servants and agents;
      3. A reference to an individual shall include corporations and vice versa; and
      4. If a word or expression is defined, its other grammatical forms have a corresponding meaning
    2. In this Agreement, headings, formatting, and highlights are for convenience only and do not affect interpretation.

 

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