Terms of service

Overview

Welcome to Fokari. The terms "we", "us" and "our" refer to Fokari, a business name registered to Samantha Caroline Dabrowski (ABN 29 750 277 958). Fokari operates this store and website, including all related information, content, features, tools, products and services (the "Services"). Fokari is powered by Shopify, which enables us to provide the Services to you.

These terms, together with the policies they refer to (these "Terms"), describe your rights and responsibilities when you use the Services. By visiting, interacting with or using our Services, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Services.

Your rights under Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited. If anything in these Terms seems to conflict with those rights, those rights win.

Section 1: Access and account

By agreeing to these Terms, you confirm that you are at least 18 years old, or that you are using the Services with the involvement of a parent or guardian.

To buy from us, we will ask for information such as your email address and your billing, payment and delivery details. Please make sure this information is correct and up to date.

You are responsible for keeping your account login details secure and for activity on your account. You may not transfer, sell or license your account to anyone else.

Section 2: Our products

We take care to show our products accurately. Colours and appearance may look slightly different on your screen depending on your device and its settings.

We may update product descriptions, and we may stop selling a product. We may limit the quantity of a product that one person can buy.

Section 3: Orders

When you place an order, you are making an offer to buy. We accept your order when we confirm it by email after your payment has been processed.

We may decline or cancel an order for a genuine reason, for example if the item is out of stock, if there is an obvious pricing or description error, or if we suspect fraud. If we cancel an order after you have paid, we will tell you and refund you in full.

Returns and refunds are handled under our Refund Policy (including our 90-day money-back guarantee) and your rights under the Australian Consumer Law.

Our products are sold for personal or household use.

Section 4: Prices and payment

All prices are in Australian dollars (AUD). Fokari is not registered for GST, so no GST is included in or added to our prices.

The delivery cost, if any, is shown at checkout before you pay. The price you pay is the price shown at checkout when you place your order, and it is confirmed in your order confirmation email.

From time to time we may offer promotions, such as a launch price, with their own stated terms and end dates. If a promotion's terms conflict with these Terms, the promotion's terms apply.

You agree to give us accurate payment details and confirm that you are authorised to use the payment method you provide.

Section 5: Shipping and delivery

We currently deliver within Australia only. We aim to post orders within 2 business days with Australia Post, with tracking. Delivery times given by us or Australia Post are estimates.

If your parcel is lost or arrives damaged, please contact us and we will help, as set out in our Shipping Policy and Refund Policy. Ownership and risk of the goods pass to you when they are delivered.

Section 6: Intellectual property

The Services, including our trademarks, brand, text, designs, images, graphics, video and audio, are owned by Fokari or its licensors and are protected by Australian and international intellectual property laws.

You may use the Services for your personal, non-commercial use. You must not copy, reproduce, distribute, modify, republish or sell any material from the Services, including the content and page designs of our planners, without our written permission.

Fokari's name, logos, product names, designs and slogans are trademarks of Fokari. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. Other names and logos on the Services belong to their owners.

Section 7: Optional tools

We may give you access to tools provided by third parties, which we do not monitor or control. Your use of those tools is at your own discretion, and you should check the terms on which the third party provides them.

Section 8: Third-party links

The Services may link to websites run by third parties. We are not responsible for the content or accuracy of those websites, or for products or services you buy from them. Please read their terms and policies before you use them.

Section 9: Relationship with Shopify

Fokari is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Fokari. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Fokari, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Fokari.

Section 10: Privacy

All personal information we collect through the Services is handled under our Privacy Policy. Some personal information may also be handled under Shopify's Privacy Policy. Because the Services are hosted by Shopify, information you submit is shared with Shopify and with service providers who may be located outside Australia, so that we can provide the Services to you.

Section 11: Feedback and reviews

If you send us ideas, suggestions, feedback or reviews ("Feedback"), you allow us to use, reproduce and publish that Feedback to run, improve and promote Fokari, without payment to you. We will only publish your name or identifying details with your permission.

Please make sure any Feedback you send is your own, is honest, and does not contain anything unlawful, offensive or misleading. We may remove Feedback that breaks these Terms.

Section 12: Errors

Occasionally information on the Services may contain errors, for example in product descriptions, prices, promotions, delivery charges or availability. We will correct errors when we find them. If an error affects an order you have already placed, we will contact you, and you can choose to continue at the correct price or cancel for a full refund.

Section 13: Prohibited uses

You may use the Services for lawful purposes only. You must not use the Services to: (a) do anything unlawful or malicious; (b) infringe our or anyone else's intellectual property; (c) harass, abuse or harm anyone; (d) send false or misleading information; (e) send spam or unsolicited promotional material; (f) impersonate anyone; or (g) interfere with anyone else's use of the Services.

You also agree not to: (a) upload viruses or other malicious code; (b) copy, resell or exploit any part of the Services; (c) collect other people's personal information; (d) use robots, scrapers, data-extraction tools, automated processes or AI tools (such as agentic AI) to access the Services, except as allowed in Section 14; or (e) get around any security or access controls. If you seriously or repeatedly break these Terms, we may suspend or close your account.

Section 14: Agents

14.1 This section applies if you use, allow, enable or cause an Agent to access, use or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity, without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with section 14.4. No Agent may access the Services if we have asked it not to.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal that any access or interaction is from an Agent, including by mimicking human behaviour or by completing or circumventing CAPTCHAs or similar measures; (iii) answer truthfully any question asking whether interactions come from a human or a computer; and (iv) not circumvent any measure intended to block, limit or control how Agents access the Services.

Section 15: Ending these Terms

You can stop using the Services at any time. We may suspend or end your access to the Services if you seriously or repeatedly break these Terms. Ending your access does not affect orders you have already placed and paid for, or your rights under the Australian Consumer Law.

Section 16: Information on the Services

Information on the Services, such as articles and guidance on planning, is general information only. It is not professional, medical, psychological or financial advice. To the extent permitted by law, we do not guarantee that the Services will always be available or free of errors.

Section 17: Limitation of liability

Subject to the section "Your rights under Australian Consumer Law" above, and to the extent permitted by law, we are not liable for any loss that is not reasonably foreseeable, or for loss of profits, revenue or data arising from your use of the Services.

Section 18: Your responsibility

You are responsible for any loss or damage you cause us, or any third party, by breaking these Terms or the law. This does not apply to the extent the loss was caused by our own breach or negligence.

Section 19: Severability

If any part of these Terms is found to be unlawful, void or unenforceable, that part will be removed or read down to the extent necessary, and the rest of these Terms will continue to apply.

Section 20: Waiver and entire agreement

If we do not enforce a right under these Terms straight away, we have not given up that right. These Terms and the policies they refer to are the whole agreement between you and us about the Services, and they replace any earlier versions.

Section 21: Assignment

You may not transfer your rights or obligations under these Terms without our written consent. We may transfer our rights and obligations under these Terms to someone else, but this will not reduce your rights or your protections under the Australian Consumer Law.

Section 22: Governing law

These Terms are governed by the laws of Queensland, Australia. You and we agree to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

Section 23: Headings

Headings are for convenience only and do not affect the meaning of these Terms.

Section 24: Changes to these Terms

We may update these Terms from time to time, for example to reflect changes in the law or in how we run Fokari. The current version is always on this page, with the date it was last updated. Changes do not apply to orders placed before the change.

Section 25: Contact

Questions about these Terms can be sent to wecare@fokari.com.au.

Fokari

ABN 29 750 277 958

2/37 Duet Drive, Mermaid Waters QLD 4218, Australia

+61 466 575 632

wecare@fokari.com.au

Last updated: 26.09.26