1. TERMS OF PURCHASE
These Terms of Purchase will govern the purchase of any goods (“Goods”) you make from Pullmoon® (“Pullmoon”, “us”, “we”) through the Pullmoon® website at www.pullmoon.com (“Website”). You should read and ensure you understand these Terms of Purchase before ordering (“Order”) any Goods through this Website. If you do not agree with any of these Terms of Purchase you must not Order Goods through the Website.
2. TERMS AND CONDITIONS OF USE AND PRIVACY POLICY
In addition to these Terms of Purchase, the Terms and Conditions of Use (“Terms and Conditions”) and the Privacy Policy also govern your access to and use of the Website. You should ensure that you have read the Terms and Conditions and the Privacy Policy in conjunction with these Terms of Purchase. By accessing the website you are deemed to have read and agree to be bound by the Terms and Conditions the Privacy Policy and these Terms of Purchase.
3. AMENDMENTS
Pullmoon® reserves the right to amend these Terms of Purchase from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms of Purchase as amended. Such amendments may include replacing these Terms of Purchase with entirely new Terms of Purchase.
4. ORDER
You may Order Goods described on the Website for the price specified on the Website. All prices are expressed in Australian dollars and are inclusive of goods and services tax chargeable under the Goods and Services Tax Act 1999 (“GST”). Pullmoon® reserves the right to amend the prices of Goods from time to time without prior notice.
5. DETAILS
Your Order must contain your name, email address, credit card details, billing address, delivery address and any other ordering information specified on the Website.
6. CANCELLATION
You may not cancel an Order once it has been submitted provided that Pullmoon® may reject your Order at any time and is not required to give reasons for rejecting your Order.
7. REJECTION
If we reject your Order for any reason, neither you or we will be under any further obligation to the other arising out of your Order or our rejection of that Order.
8. REIMBURSEMENT
If we reject your Order we undertake to reimburse you for any payments already received by us.
9. DELIVERY
Delivery of the Goods to you will take place in the manner chosen by Pullmoon® unless agreed otherwise with you. Pullmoon® will not be liable for any delay in delivery of Goods ordered or non-delivery of Goods ordered, other than in accordance with the provisions of the Competition and Consumer act 2010.
10. TITLE
Title in the Goods does not pass to you until payment has been received in full by Pullmoon® or its agent. You acknowledge that these Terms of Purchase create a security interest as defined in the Personal Property Securities Act 2009 in favour of Pullmoon® in any Goods purchased from this Website, and that Pullmoon® may at any time register a financing statement on the Personal Property Securities Register to protect its security interest in the Goods. While Pullmoon® retains title to the Goods you must properly store the Goods and ensure the Goods are identifiable as Pullmoon® product.
11. PAYMENT
Payment must be effected in the manner described on the Website. Prices are inclusive of GST unless otherwise stated. Prices are, however, exclusive of other taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of the Goods. Where payment is by credit card, you will be liable for all Orders placed using your credit card.
12. CAPACITY
The Goods are offered for sale only to persons who can make legally binding contracts. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements for legally binding contracts) in relation to the use of the Website and the purchase of Goods from the Website.
By placing an Order for Goods you represent that you are capable of making a legally binding contract and that the Goods purchased will be used in a lawful manner.
13. COMBINED TERMS
These Terms of Purchase together with any additional terms and conditions contained in the invoice or any other similar document issued by Pullmoon® shall be the terms which govern your purchase of the Goods.
14. POSSESSION AND RISK
Possession and risk in the Goods shall pass to you upon delivery of the Goods to your agent or carrier or upon delivery of the Goods to the address supplied by you when placing an Order.
15. INCORRECT ORDERS
Short or incorrect Orders must be reported to Pullmoon® within seven (7) working days of their receipt together with the invoice number. Any Goods returned must be clean and free from price markings. Goods that have been damaged or are not resalable may not be credited in full.
16. RETURN OF ERRONEOUS OR EXCESSIVE ORDERS
For Goods ordered in excess of your requirements or in error, Pullmoon® reserves the right to charge a handling fee of up to 20% of the original invoice value where those Goods are returned. An authorization is required by Pullmoon® prior to the return of any Goods and Pullmoon® is under no obligation to grant any such authorization.
17. DEFECTIVE GOODS
We will meet all our obligations under the Competition and Consumer act 2010. Items that are returned more than 7 days after delivery and/or are unable to be resold as new cannot be credited or refunded. We cannot accept items for exchange that are returned after 7 days. Please note that we are not obligated to refund items unless they are defective or damaged.
18. EXCLUSION OF LIABILITY
Under no circumstances will Pullmoon®, its employees or its agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you, or by any other third party, whether direct or consequential (including, but without limitation, any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to Goods supplied pursuant to an Order placed on the Website or in respect of any failure or omission on the part of Pullmoon® to comply with its obligations as set out in these Terms of Purchase in respect of the sale of Goods to you. If you are using the Website, or purchasing Goods for a business purpose, you agree that the Competition and Consumer act 2010 does not apply.
19. LIMITATION OF LIABILITY
In the event that any limitation or provision contained in these Terms of Purchase is held to be invalid or unenforceable for any reason and Pullmoon® becomes liable for any loss or damage that would otherwise have been excluded, Pullmoon®’s maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of the supply of the Goods pursuant to an Order is to be limited to the lesser of the value of Goods comprised in an Order to which a claim relates; the cost of repairing or replacing defective Goods; and the actual loss or damage suffered by you. All other warranties, descriptions, representations and conditions as to fitness, suitability for any purpose or specific conditions, even though such conditions may be known to Pullmoon®, merchantable or otherwise, whether express or implied, and whether statutory or otherwise, are expressly excluded, except to the extent that such liability is required by law without right of exclusion.
20. FITNESS FOR PURPOSE
You acknowledge that you have made your own investigations as to the fitness of the Goods for your purpose.
21. NOTIFICATION OF PROBLEM
Pullmoon® shall not be liable for any damage, discrepancy or shortage in the Goods unless you notify Pullmoon® and the carrier within 48 hours of the time of delivery of the Goods.
22. SEVERABILITY
If any provision of these Terms of Purchase is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Purchase and the remaining provisions shall continue in full force.
23. GOODS DESCRIPTION AND AVAILABILITY
All descriptions of Goods, specifications, quantities and prices of Goods depicted on the Internet Sites are subject to change at any time without notice. Certain weights, measurements and similar descriptions are approximate and provided for convenience purposes only.
Pullmoon® will make all reasonable efforts to accurately display the attributes of the Goods, including applicable colours; however, the actual colour you see will depend on your computer and we can not guarantee your computer will accurately display such colours.
While Pullmoon® will use its best endeavours to ensure your Order is met, Pullmoon® provides no warranty as to the availability of Goods ordered on the Website.
24. PRICING ERRORS
Pullmoon® will use all reasonable efforts and will take all reasonable care to ensure products available for purchase on the Website are accurately priced. However, from time to time, certain products may erroneously be mis-priced. Where a pricing error is identified, and you have placed an order Pullmoon® reserves the right to cancel the order in its discretion and you will be provided a full refund if payment has been made. We will contact you to advise of the correct price and seek your instruction as to whether you wish to proceed with a new order at the correct price. Pullmoon® has no obligation to supply products at the incorrect price.
25. WAIVER
If we delay or do not exercise any of our rights or remedies under these Terms of Purchase, that will not be a waiver of the right or remedy.
26. RETAIN A COPY
You should print out and retain or otherwise store a copy of these Terms of Purchase for your future reference.
27. QUERIES
If you have any queries in regard to these Terms of Purchase please don’t hesitate to contact us.
