Terms of Agreement for online trading between Pilates Nerd Down Under (PNDU) and The user of this website ("You/Your"):
Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.
1. RETAIL CUSTOMERS
PLACING AN ORDER AND PAYMENT
1.1 By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of price by Pilates to You in accordance with clause 1.5.
1.2 Payment must be made at the time of submitting the Purchase Order. Payment can be made by credit card. PNDU accepts Visa and Mastercard. You warrant that You are an authorised user of the credit card used to complete payment in accordance with this clause 1.2. Payment can also be made using PayPal. You warrant that You are an authorised user of the PayPal account.
1.3 All Purchase Orders placed through this Website are subject to confirmation and acceptance by PNDU. We will email you with confirmation of the receipt of Your Purchase Order, and then Acceptance by PNDU will be upon Your receipt of the email confirming dispatch of the Product in accordance with clause 3.4 and 3.5. PNDU may reject Your Purchase Order, and refund any payment made by You, at any time prior to Your receipt of this acceptance by PNDU.
1.4 The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. In some areas of the site, prices will be shown with an estimate of the price in your home currency. These converted prices are for information purposes only, to help you get an idea of the approximate cost of a product, and they may not be the exact amounts that will appear on your credit card statement. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit provider. Therefore we are not able to take responsibility if the final amount charged to your card differs slightly from the estimated conversions we provide.
1.5 PNDU may vary prices in the event of price changes or mistakes on reasonable prior notice to You. If PNDU requests payment for increased prices, You may cancel the order by giving notice to PNDU, which must be received within seven days of the announcement of the increase.
1.6 Quantity in stock does not take into account the orders which are yet to be processed. It is possible that an order placed earlier will receive the stock allocation which was displayed at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on our website.
1.7 PNDU reserves the right to limit the quantity of items purchased with regards to limited edition and/or exclusive products. The quantity per limited edition items currently stands at ONE unit per customer. It is a condition of this Agreement that you do not resell the Products to a third party.
1.9 Expiry of cookies - the cookies that are placed on your computer when you visit the Website are known as session cookies. These session cookies originate from our web server, and cannot be accessed by any web server other than ours. Session cookies are temporary cookies which are necessary for the proper functioning of the Website. They automatically expire approximately 20 minutes after you have ceased viewing pages on our Website, and therefore cannot be used to recognise you on subsequent visits to the Website.
1.10 PNDU does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept by Shopify for order verification and identification purposes only. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.
1.11 The Website is owned and operated by PNDU under Shopify. This Agreement supersedes all prior agreements and may be revised by PNDU from time to time.
1.12 This Agreement must be read in conjunction with the Returns Policy and Privacy Statement. These documents form a part of this Agreement.
2.YOUR USE OF THE WEBSITE
2.1 You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
2.2 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, PNDU‘s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
3.1 PNDU delivers to most destinations in Australia and New Zealand
3.2 Orders placed within Australia or goods shipped to an Australian residence are subject to the Australian GST. Orders placed outside Australia may be subject to the relevant taxes and duties applicable to the jurisdiction from which the order was placed.
3.3 PNDU uses DHL Express to deliver Products outside of Australia. Delivery of Products within Australia is effected using AUSTRALIA POST / Fastway Couriers / Couriers Please / TNT / WANT IT NOW
3.4 PNDU’s freight charges are calculated using our automatic freight calculator.
3.5 PNDU will use reasonable endeavours to arrange dispatch of the Product within 6 working days of You submitting the Purchase Order.
3.6 Expected delivery times are:
3.6.1 for international deliveries, 7-10 working days; and
3.6.2 within Australia, 2- 3 working days.
3.7 The expected delivery times set out in clause 3.6 are estimates only.
PNDU will not be liable to You for any loss or damage You suffer if the Product is not delivered within the timeframes set out in clause 3.6.
3.8 Australia wide - all deliveries will be sent using pre-paid trackable postage.
3.9 If there is no one at the delivery address to receive the Product, Australia Post arrangements will prevail.
For international orders, Australia Post will deliver through their international registered delivery system.
3.10 Full priced PNDU purchases will be packaged in the signature PNDU box, however all SALE items are packaged in sale packaging nominated at the time.
4. SITE LIABILITY AND INDEMNITY
4.1 To the fullest extent possible, the limitation of liability and indemnity set out in clause 8 of these terms also applies to use of the Site by replacing the word “Products” with “Site or the Comment Function”.
5. YOUR ACCEPTANCE OF THESE TERMS AND CHANGES TO THE TERMS
5.2 From time to time, this Agreement will be reviewed and may be revised. PNDU reserves the right to change this Agreement at any time. Any such changes will be posted on the Website. If You have commenced any transaction prior to a change to this Agreement, transaction will be effected in accordance with the terms in place at the time of the acceptance of Your offer PNDU.
6. WEBSITE AVAILABILITY
6.1 From time to time down-time, either scheduled or unscheduled, may occur. PNDU will work within reason to ensure this amount of down-time is limited.
6.2 PNDU will not be held liable for the consequences of any down-time.
6.3 Due to changing market forces and other extenuating circumstances that affect product availability and price stability we reserve the right to withdraw any product we advertise and change prices without notice. During sales periods, we may reduce items further. No returns, refunds or credits are available on the price difference.
6.4 Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
6.5 Images displayed on this website should be regarded as illustrative and informational purpose only. We endeavour to display products as close to the physical colour/product as possible, but at times colourways may not be identical to the actual product.
6.6 On LIMITED EDITION and / or EXCLUSIVE release products, PNDU reserves the right to limit purchases to one (1) item per customer. Multiple transactions will be monitored.
7. INTELLECTUAL PROPERTY
7.1 Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
7.2 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by PNDU.
7.3 PNDU’s trade marks on this site represent some of the trade marks currently owned or controlled in Australia or by the parent company Pilates Nerd® USA. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by PNDU or Pilates Nerd®.
7.4 All rights not expressly granted are reserved.
7.5 This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under PNDU ‘s direct control and PNDU accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that PNDU is entitled to require you to remove any link from another website to this Website which you install without obtaining PNDU ‘s prior written consent.
8.1 You acknowledge that the Products may require special maintenance.
PNDU will not be liable for any damage caused by any failure by You to maintain the Product properly.
8.2 Please note that the colours of Product may vary slightly from those displayed by Your computer monitor.
8.3 Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified ("Non-excludable Rights"). Notwithstanding any other term in this Agreement, PNDU does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.
9. LIMITATION OF LIABILITY
9.1 To the fullest extent permitted by law, PNDU’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of PNDU, to:
a. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
b. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
9.2 PNDU’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if PNDU has been notified of the possibility of such loss or damage.
9.3 You agree that PNDU’s liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.
10. FORCE MAJEURE
10.1 PNDU will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond PNDU’s reasonable control.
11.1 PNDU reserves the right to terminate this Agreement at any time.
11.2 Subject to clause 11.3, PNDU shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
11.3 If the Product has not been delivered to You prior to any termination of this Agreement by PNDU , PNDU will refund to You any payment You have made prior to the termination.
12.1 The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.
12.2 This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by PNDU in writing.
12.3 Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party's ability to subsequently exercise those rights.
12.4 The Agreement will be made on PNDU‘s acceptance of Your offer and will be, and is, governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia in any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement.
12.5 Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of New South Wales, Australia are an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.
12.6 If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.
12.7 PNDU may be notified by email at firstname.lastname@example.org or post to 14-16 Suakin St, Pymble NSW 2073 Australia
- "Agreement" means the terms and conditions that apply to the use of the Website which may be amended from time to time.
- " PNDU " means Pilates Nerd Down Under
- "Products" means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.
- "Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the Product.
- "Website" means internet website with the URL www.pilatesnerd.com.au and associated websites.
- "You" means the user of the Website (and "Your" has the corresponding meaning).