TERMS AND CONDITIONS
1 – AGREEMENT
1.1. The terms and conditions laid out apply to you, users of our website and your use of this site and any associated processes, software and networks, which includes the purchase of services or goods through this website.
1.2. When you browse our website or you decide to place an order, you are agreeing to the terms and conditions that are set out in this agreement.
2 – INTERPRETATION
2.1. In our terms and conditions:
- “Customer” refers to the legal entity or person identified in a sales document, invoice or quote provided by our company.
- “Material” refers to any information (which includes but isn’t limited to drawings, source codes and data) or images of any type (whether or not they are visible) that are used or store on our website.
- “Agreement” is referring to our terms and conditions A, which includes the terms of any order that you, the user, have placed through our website.
- “Products” refer to items we have listed on our website, whether they are for sale or not, including our extended warranties.
- “Delivery Cost” refers to the costs that are associated with delivery of our products or goods as an Order specifies.
- “Website” is referring to our internet site that is located at the URL (www.pagnianimports.com.au) and operated by our company.
- “Goods” refers to the products that an order lists.
- “Pre-sale” refers to any items that are sold, anticipating that they are in stock on or around the date of dispatch that is stated on the website’s product listing.
2.2. Within this agreement, any reference to one gender includes all genders, reference to the singular will also include the plural, reference to a statute or act includes any statute or act that modifies, replaces or supersedes early statutes or acts, reference to persons will include all associations and bodies, including incorporated and corporate, or vice versa. The paragraph headings are only for reference purposes and any references to clauses are to specific clauses found within this terms and conditions agreement unless it is otherwise specified.
3 – WEBSITE USE
3.1. Links to other sites may be included on this website. The links are only provided for your convenience and may not be maintained or current. We are not responsible for privacy practices or content associated with any linked web sites.
3.2. It is your duty to make sure that your use of or access to this website is not prohibited or illegal by any laws that may apply to you.
3.3. When you access the website, you need to take precautions on your own to ensure that you do not put you at risk for malicious computer code, viruses or other types of interference that may result in damage to your computer. Our website takes no responsibility for any damage that may result when you use our website.
4 – PRICING
4.1. Unless otherwise specified, all the prices that are listed on our website are listed in Australian Dollars
4.2. All of our prices listed on our website include any applicable taxes unless the price specifies otherwise.
4.3. All the prices we display on our website may change and notice is not required. Once you confirm an order, the prices for the items in that particular order are fixed. Any price changes, both down or up, will not be applied retro activity to orders that have already been confirmed.
4.4. If you enter a Discount Code when you check out, the discount code will be applied equally across your entire Order, including any Goods and the Delivery Costs associated with the order.
4.5. When you make an order, you are agreeing to pay the delivery charges as they are listed and calculated within the Order confirmation when you make the purchase.
4.7. Our company reserves the right to refuse any sale.
5 – PRODUCT SPECIFICATIONS
5.1. The specifications and features of our Products that are depicted or described on our website are subject to change and do not require notice.
5.2. Any dimensions and weights mentioned on the website are approximate.
6 – ORDERS
6.1. An order may be placed by filling out our Order Form on our website, and then by clicking on the “confirm” button. Once the order is placed, you will be issued an Order Number. The Order Number will be delivered to you by email. When you place your Order, you are making an offer to our company to buy the Products that you have selected based upon the Terms and Conditions we have laid out here.
6.2. Your order will be deemed as received by our company when we send you an Order confirmation to the email address you have provided to us.
6.3. Since we are an online business, we will primarily use email to communicate with our customers. It is your responsibility to make sure that you enter the correct contact details and that you check the chosen email address regularly for our correspondence.
6.4. Every order, after it is confirmed, will represent a separate agreement.
6.5. Our company reserves the right to cancel or not accept any Orders that request Goods in commercial quantities.
6.6. At our sole discretion, our company has the right to cancel an Order at any time before Goods have been dispatched, including any Products that have been sold via Pre-sale.
6.7. If an Order is cancelled, any funds that have been paid in relation to the Order will be refunded to the customer as soon as reasonable possible. An email that acknowledges the refund and cancellation will be provided to you.
6.8. Our company reserves the right to alter the specification at any time in terms of the Goods without providing the Customer with notice, but only in the interest of regular improvement. This type of an alternation in Goods does not entitle you to cancel the order, to return the Product or to avoid your liabilities and obligations pursuant to these provided Terms and Conditions.
6.9. Our company does not accept responsibility for any Orders that are not accepted or declined because of internet connection disruptions or problems.
7 – PAYMENT
7.1. Our company current accepts Credit Card and Paypal.
7.2. If the payment method that you have nominated triggers our company’s internal suspect transaction protocols, our company may contact you in order to rescind your transaction or to confirm any additional details that are needed.
8 – OWNERSHIP OF GOODS AND DELIVERY
8.1. Our customers acknowledge that in some cases, shipping delays do occur and if delays occur, this company is not liable for any damage or loss that is caused by delays in delivery, nor to provide refunds for any amounts that have been paid for the Order or for the delivery of that Order.
8.2. Any parties involved acknowledge that the Goods may encounter damage when they are in transit with carriers, and in this case, the customer may contact our company in accordance with the Clause 9. Other than in accordance with Clause 9, our company is not in any way liable to provide customers with a refund or for any damages that occur while in transit or for delays that occur by carrying out the process that is outlined in Clause 9.
8.3. The dispatch date that is provided on the website is only an estimated dispatch date that our company reasonably estimates and it may change without any notice. Whenever the schedule dispatch date of a Product will be delayed for more than a week, we will provide customers with an email notification using the email address that was nominated when the Order was placed.
8.4. When the customer signs for the delivery of the purchased Goods, they take on the risk and title in the Goods.
8.5. If a customer provides written authority for items to be delivered without providing a signature, any and all insurance cover included will then be voided upon the item if it is left as instructed by the customer.
8.6. The courier that our company nominates will deliver the Goods during business hours, which are 9am – 5am, Monday through Friday.
9 – DAMAGED OR FAULTY GOODS
9.1. All parties acknowledge that in some cases, the Goods may arrive to customers with damage or faults, whether they are caused by damage that occurred during transit, or by other causes.
9.2. If a Good is faulty within the initial 14 days after the delivery is made or is damaged when it is delivered, and the customer notifies our customer of the damage or fault within the initial 14 days after delivery is made, the our company will:
Repair the faulty Good, replace the good or provide the spare parts at our discretion, and depending on the specific circumstances; or
If a new replacement or spare part cannot be provided by our company, our company can optionally offer a partial or full refund, depending upon the amount of damage that has affected the product;
If a new replacement is available, and the customer chooses a refund instead of a replacement for the product, the refund provided will be for the full purchase amount, excluding the initial cost of delivery and any applicable return costs; and
Our customer considers various factors, including environmental factors, when we decide whether to arrange for the return of items from our customers, or whether the fault is such that providing a partial refund is appropriate, or whether it is appropriate to provide a replacement
The 14 Day period noted commences on the date that the delivery of our company’s product is accepted by the customer. If no proof of delivery is available, the date will be assumed to be three business days after the product date of dispatch.
When issues occur outside of the 14 Day period, each fault will be dealt with in accordance with our Terms and Conditions and the applicable Standard or Extended Warranty provided by our company.
9.3. For any claims regarding damaged products, our company will require photographic evidence of the damage to be emailed to firstname.lastname@example.org
9.4. Our company reserves the sole discretion to decide whether the Goods provided are damaged or faulty in accordance with Clause 9.
9.5. Our company may seek the reimbursement of the costs that may be incurred by us when we find that a returned product is in good working order.
9.6. Any insignificant variations in grain, finish or colour (as between the Goods that a Customer receives and images that are shown on our website), or damage only to packaging, is not considered a fault and will not be covered by Clause 9. Customers acknowledge that no two items can be identical, and that any items that are viewed on a computer screen image may not always be identical to the actual view of that particular item.
10 – RETURNS AND REFUNDS
10.1. A refund is given when the fault is deemed to be a major fault.
10.2. For services where goods are not provided, no refunds will be made available.
10.3. To facilitate a return under the Terms and Conditions that have been laid out, Customers need to email email@example.com
10.4. Customers must comply with all directions from our company’s staff to facilitate the return of a Good.
10.5. Any returned Goods must be in their original packaging when they are returned, along with any and all accessories, and they must be in a condition that allows them to be re-sold.
10.6. If a customer arranges the return of the Goods themselves, the customer has the responsibility to ensure that the returned items are safely returned in a re-saleable condition. Our company will take no responsibility for any items that are lost during transit.
10.7. If a customer arranges the return of the Goods a 15% restocking fee will be applied to the refund.
11 – INTELLECTUAL PROPERTY
11.1. Any and all Intellectual Property found in any Material on our Website is considered the property of our company. Unless it is expressly authorized under this Terms and Conditions Agreement, or otherwise, no one may adapt, display, distribute, perform, modify or reproduce any part of or any Material found on this website.
12 – INDEMNITY
12.1. You waive, discharge, relinquish and release any and all claims that you may have or have now against our company which are connect with, relate to, are incidental to or arise out of your use of our company’s website.
12.2. You agree to keep indemnified and to indemnify our company and to hold harmless from and against all and any claims, taxes, expense, loss, liability and/or damage that may be incurred by our company arising in connection with or out of your use of our website and the use of any of our company’s products outside of the specifications provided by the manufacturers, which are included in product manuals.
13 – LIABILITY
13.1. To the extent that is permitted by the law, we will not be held liable for any loss of contracts, loss of profits, loss of data, loss of income, or any other consequential or indirect damage or loss of any type, howsoever arising and whether caused by breach of contract, tort (including negligence) or otherwise; and our maximum aggregate liability for any of the Products that are supplied to you, whether in tort, contract, or otherwise, will in no circumstances exceed the amount payable to us by you in respect of the products in question.
13.2. To remove any doubt, nothing found in this clause restricts or limits your ability to make a claim available to you for our company’s failure to comply with any of the guarantees found in the United Kingdom Consumer Law.
14 – PRIVACY
14.1. Personal information about our customers is gathered by our company for the following purposes:
Delivering or supplying products to you, or marketing products to you; and
Developing and improving our products.
14.2. Our company is committed to keeping your privacy and personal information protected due to our ethical and legal commitment to comply with any relevant laws, and more importantly, because our company understands that you care how your information may be shared and used.
Our company will not share, rent, sell or otherwise disclose any personally identifiable information in violation of the commitments found in clause 16.
14.3. As we deal with our customers, we may collect and keep this type of information, including:
Information about individuals who are target customers or customers as provided to us by those individuals, or information that was obtained by public domain sources, including newspapers or magazines.
Information about personal attributes, means of communication with and info about roles of employees, officers and other corporation representatives with whom our company deals, incidentally collected while dealing with corporations.
14.4. The previously mentioned information may be held in hard copy and data storage systems but will only be lawfully accessed by contractors, employees or company officers that are required to access this information in order to perform their functions.
14.5. From time to time, we may employ other individuals and companies to perform certain functions on behalf of our company.
15– GIFT CARDS
15.1. Gift Cards are not redeemable for cash
15.2. Gift Cards expire after 365 days of purchase
15.3. Gift Cards are partially redeemable and any unused balance will remain on the Gift Card and cannot be redeemed for cash.
15.4. Should Pagnian Imports suspect any fraud relating to a Gift Card, Pagnian Imports may refuse to redeem the Gift Card until Pagnian Imports is satisfied that no fraud has occurred
15.5 If the Gift Card holder's order exceeds the amount of the Gift Card, the Gift Card holder will be required to pay for the difference in price between the value of the Gift Card and the retail price of the goods or services.