Terms and Conditions
This page, together with the pages referenced within, are the terms and conditions (“Terms and Conditions”) on which we supply any of the products (each a “Product”) listed on our website www.pjme.co (hereinafter referred to as "the Site"). By ordering our Products, you agree to be legally bound by these Terms and Conditions.
References to "we", "us" or "our" are references to PJME ABN 22 903 863 264 at PO BOX 33259 Melbourne Victoria 3004 Australia, and its partners, associates and officers, unless otherwise stated.
In these Terms and Conditions:
- "Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill;
- "Business Day" means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday in Victoria, Australia;
- "Confirmation of Order" means our email to you, in which we accept your Order in accordance with clause 3.6;
- "Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 3.6;
- "Customer" means individual who places an Order on the Site;
- "Liability" means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to "these Terms and Conditions" shall be deemed to include any collateral contract);
- "Order" means the order submitted by you to the Site to purchase a Product from us;
- "you" means the Customer who places an Order;
- references to "clauses" are to clauses of these Terms and Conditions;
- headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
- words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
- references to "includes" or "including" or like words or expressions shall mean without limitation.
These Terms and Conditions shall apply to all Orders and Contracts made (or to be made) by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions.
Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality). No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.
3. When a contract is formed
When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.
- Irrespective of any previous (or future) price you have seen or heard, once you select a Product that you wish to Order, you will then be shown on the Site the charges you must pay including if applicable, delivery charges. All charges are in the currency then in force in Australia.
- You shall pay for the Product in full at the time of ordering by credit card or PayPal, which we require in order to process your Order. We shall not be bound to supply the Order before we have received cleared funds in full.
- We reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
- You undertake and warrant that all details you provide to us for the purpose of purchasing the Product will be correct, that you are entitled to use the credit card or PayPal account, and that there are sufficient funds or credit facilities to cover the cost of your Order. We reserve the right to obtain validation of your payment details before providing you with the Product.
- When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
- A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been despatched by us.
- If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us immediately. We cannot guarantee that we will be able to amend your Order in accordance with your instructions, especially if the order has already been shipped.
- A Contract will relate only to those Products listed in the Confirmation of Order.
- You must only submit to us or the Site, information which is accurate and not misleading and you must inform us of any reasonably necessary changes to your submitted information.
- We aim to deliver the Product to you at the place of delivery requested by you in your Order.
- We aim to deliver within the timeframes indicated in our Shipping Policy but we cannot promise an exact date when you submit your Order or at the Confirmation of Order.
- We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- On delivery of the Product, you agree to inspect the Product for any obvious faults, defects or damage before you accept delivery. You need to keep a receipt of the delivered Product in case of future discussions with us about it.
- Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
- We deliver in our standard packaging.
- Unless otherwise specified, all risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
- You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
- You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.
- If you are not available to take delivery or collection, we may leave a card giving you instructions on either redelivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) notify you that we are immediately cancelling the applicable Contract, in which case we will retain the Products and refund to you or your credit card company as applicable any money already paid to us under the applicable Contract, less our reasonable administration charges.
5. Customs and Duty fees
As our Site is based in Australia, we charge you for your order in Australian dollars. The actual price charged to international customers will be subject to the exchange rate applied by the customer's credit card company or PayPal account.
Orders shipped to addresses outside Australia may incur customs charges or duties and must be paid by the recipient directly to the Customs Service or its authorized service provider. We are not responsible for and will not reimburse any of these charges or duties.
- We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the Product.
- Cancellation by a Customer (Non-Faulty product): If you wish to cancel your order please contact us at email@example.com. No cancellation fees apply. Once an order has been dispatched it may not be cancelled and the item must instead be returned to us according to our Return Policy.
7. Faulty Products
- We warrant that:
- the Product will be delivered undamaged in the quantities and sizes ordered; and
- the Product will conform with the description on the Site at the time of your Order.
- Due to photographic and screen limitations associated with the representation of products, some Products may differ in colour from the way they appear on the Site.
- It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
- The Product is to be cleaned and maintained strictly in accordance with the care instructions published on the Site and on the Product itself.
- If you notify us that a Product is faulty, we may request that you perform the following:
- Provide a written description of the way in which the Product is alleged to be damaged or defective; and
- Provide photographs of the alleged damage or defect on the Product, the order number and such other information as we may reasonably require; and
- Return the Product to us in its existing condition, in order for us to inspect the alleged damage or defect.
- If you would like us to replace or provide a refund for the Product, and we find that the Product has:
we may at our discretion decide not to replace or refund you for the Product.
- been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
- been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
- been dealt with or used contrary to our instructions for the Product; or
- deteriorated through normal wear and tear, after delivery by us;
8. Limitation of Liability
- This clause 8 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
- the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
- otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
- Nothing in these Terms and Conditions shall exclude or limit our Liability for:
- death or personal injury caused by our Breach of Duty;
- any breach of the obligations implied by law;
- any other Liability which cannot be excluded or limited by applicable law; or
- your statutory rights as a consumer.
- In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.
- Subject to clause 8.2:
- we exclude all Liability for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
- you should make your own independent enquiries before taking any action based on any information published on the Site.
- Save as provided in clause 8.2 we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
- Save as provided in clause 8.2 we shall have no Liability for:
- loss of revenue;
- loss of actual or anticipated profits;
- loss of contracts;
- loss of the use of money;
- loss of anticipated savings;
- loss of business;
- loss of operation time;
- loss of opportunity;
- loss of goodwill;
- loss of reputation;
- loss of, damage to or corruption of data; or
- any indirect or consequential loss;
and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, clause 8.6 applies whether such losses are direct, indirect, consequential or otherwise.
- Save as provided in clause 8.1:
- Our total Liability under any Contract shall in no circumstances exceed, in aggregate, a sum equal to the greater of: i) AUD 100.00; or ii) 110% of the value of the relevant Contract under which the cause of action arises; and
- Our total Liability to you or any third party shall not in any other circumstances exceed, in aggregate, a sum equal to the greater of: i) AUD 100.00; or ii) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
- The limitation of Liability under clause 8.6 has effect in relation both to any Liability expressly provided for under these Terms and Conditions and to any Liability arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions.
9. Guarantee and complaints management
- We shall perform our obligations under these Terms and Conditions with reasonable skill and care.
- We place great value on our customer satisfaction. You may contact us at any time using the contact details published on the Site. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint.
- In the event of a complaint, it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us photographs of the affected Products and the order number that we sent you in the Confirmation of Order.
10. Data Protection
11. Circumstances beyond our control (Force Majeure)
- We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
- Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
- If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
- Any notice under a Contract shall be in writing and may be served by email or registered post addressed to the relevant party at the shipping address or email address of the relevant party last known to the other.
- Any notice given by post shall be deemed to have been served two Business Days after the same has been posted if the recipient address is in the Australia, or five Business Days if the recipient address is outside Australia. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient's server. In proving such service it shall be sufficient to prove that the registered post or email was properly addressed and, as the case may be, posted as a registered post letter or despatched or a delivery report received.
13. Advertising on the Site
We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Australian Advertising Standards Bureau.
14. Intellectual Property
The Site and the content on the Site (including the PJME logo and all Products and designs) are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to us. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site except as permitted by statute or with our prior written consent.
- We shall keep a record of your Order and these Terms and Conditions until six years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions and your Confirmation of Order.
- No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
- If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
- You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
- Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
- No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
16. Governing Law
These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Victoria, Australia. Both we and you hereby submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
17. Amendment to These Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.