1. About these T&Cs
In these T&Cs, capitalised words and expression have the meanings given to them in clause 9 (Dictionary).
1.2. Changes to these T&Cs
1.2.1. We may, at any time and from time to time, make changes to these T&Cs, and We are not required to notify You of any changes We make.
1.2.2. However, We may only make changes to these T&Cs if the change:
22.214.171.124. is reasonably required to protect Our legitimate business purposes;
126.96.36.199. does not materially and detrimentally affect You.
1.2.3. If We make, or intend to make, a change that materially and detrimentally affects You, We will give You 30 days’ notice of that change before We implement it. Your acceptance of any such notified change will be deemed to be given if You continue to use Our Website after the 30 days has expired. For the purposes of this clause 1.2.3, You agree that publishing any notifiable change on Our Website is sufficient notice.
1.3. Are there other terms & conditions?
These T&Cs only concern the purchase of products from Our Website. There are other terms and conditions which apply to:
1.3.1. Your access and use of Our Website (Our Website T&Cs); and
These other terms and conditions are available on Our Website.
2. About You
2.1. Registering for an account
2.2. You must be 18
Our products are only sold to people 18 years of age or older. If You are under 18 years of age, You cannot purchase products from Our Website.
3. Our products
To assist You in finding the right product for You, We will often include product descriptions on Our Website. These descriptions may include the price, product dimensions, composite materials, features and other relevant information. These descriptions may be provided to Us by the manufacturer, or prepared by Us. We endeavour to ensure that these descriptions are correct and accurate, but sometimes they may contain error, or may be a matter of opinion. Where a description is materially incorrect, We will take such steps We consider reasonable to address it.
We will endeavour to ensure that Our Website does not advertise any products which are not in stock, or if out of stock, appropriately labelled as such.
All prices listed on Our Website are in Australian dollars and inclusive of GST. Purchases made outside of Australia may be liable for additional local taxes.
4.1. Making an order
To make an order through Our Website, You must:
4.1.1. generally follow the instructions set out on Our Website;
4.1.2. provide any information request on Our Website, but only that information with is marked as being required;
4.1.3. review Your order carefully, and ensure all information provided is correct.
4.2.1. By making an order through Our Website, You agree to the pay the advertised price for each product You make an order for, and authorise Us to make such charges to Your nominated credit card immediately upon the order being made.
4.2.2. We accept such methods of payment as advertised on Our Website from time to time, but generally We only accept payments by Bank Transfer.
4.3. Processing orders
Once You make an order through Our Website, We will:
4.3.1. send You a confirmation email that Your order has been received;
4.3.2. confirm that payment has been processed;
4.3.3. if payment has been processed, check that the product You have ordered is in stock;
4.3.4. if the product is in stock, packaged at Our packaging facility in Sydney, NSW and shipped to Your nominated delivery address; and
4.3.5. once Your product is shipped, send You an email confirming that Your product has been shipped and provide You will tracking details.
4.4. If We cannot process an order
We may cancel an order if the product is not available for any reason. We will inform You if this is the case and return any payment that You have made. See clause 4.10 for refunds.
4.5. Processing time
Subject to these T&Cs, orders are usually processed on the same day if the order is made before 2:00pm, Australian Eastern Standard Time. However, some orders may take longer to process if (for example) payment is delayed, or an order is made on a public holiday (in Sydney, New South Wales) or during a busy trading period such as Christmas.
4.6. Product availability
All orders, whether or not payments have been received, are subject to the availability of the products purchased. If We accept payment for a product which is not in stock, We will inform You, and either offer You a refund, a store credit, or if possible, place Your order on back order in accordance with clause 4.10.
4.7. Sales & special offers
We may from time to time, in Our absolute discretion, maintain sales or special offers. Such sales and special offers, and the related discounted prices, will be published on Our Website. The discounted prices will be automatically applied when You place an order during at sale or special offer period.
4.8.1. We may from time to time, in Our absolute discretion, offer discounts. These discounts may be offered to You on case by case basis, or made available to the general public as promotions.
4.8.2. A discount will be generally redeemable by providing Us a unique code issued by Us in relation to that discount. To redeem a discount for which You have a corresponding code, You will be prompted to provide that code when placing an order through Our Website.
4.8.3. In issuing any codes which entitle You to receive a discount, We may impose such conditions on that discount, for example limiting:
188.8.131.52. the products for which the discount may be redeemed; or
184.108.40.206. the time period for which the discount may be redeemed.
4.9.1. If You wish to cancel Your order, please contact Us through the contact details published on Our Website.
4.9.2. If We are able to cancel an order, We will not charge You fees to cancel the order, and will refund any payments made. See clause 4.11 for refunds.
4.9.3. Once an order has been processed (i.e. shipped to You) it cannot be cancelled.
4.10. Back orders
If You have order a product that is on back order, this product may not be available for several weeks, or at all. If this is the case, We will inform You and offer You an appropriate solution, including a replacement item or a refund.
Where We agree to give You a refund, We will usually refund any money received from You using the same method originally used by You to pay for the product. Refunds are usually processed within 3-5 business days, but such time frames may depend on the processes of the relevant financial institutions.
5. Shipping & returns
5.1. Discreet packaging
Given the nature of the products We offer on Our Website, We understand that it is important to be discreet. All products are packaged in unmarked, plain satchels, and no trademarks (including Ours) or product information is visible.
5.2. Shipping generally
5.2.1. All orders are packaged and shipped from Our warehouse located in Sydney, NSW.
5.2.2. While We endeavour to ensure that all orders are received in the time frame indicated when an order is made, We cannot guarantee that orders will be received within any such time frames.
5.3. Shipping to Australia
5.3.1. All orders to an address in Australia are shipped with Australia Post express post. This service is generally a next business day service, but may take longer depending on Your nominated delivery address or on factors beyond Our control.
5.3.2. We generally do not charge You for the costs of shipping to an address in Australia with an order value over $100.
5.3.3. Our delivery partners may leave Your order at Your nominated delivery address if it is safe to do, and if not, they will redirect Your order to collection point (e.g. post office). We take no responsibility for any damaged or stolen products that are left unattended at Your nominated delivery address.
5.4. Shipping outside Australia
5.4.1. All orders to an address outside of Australia are shipped with Australia Post and generally delivered by the relevant Australia Post partner.
5.4.2. We will charge You for the costs of shipping to an address outside Australia, and that cost will be the relevant quoted postal rate.
5.4.3. For international deliveries, delivery time will vary depending on the nominated address, and You should check with the relevant delivery partner.
5.5. Click & collect
You may elect to have Your product delivered to Our store for You to collect from that store. You will receive a tracking number to track the parcel to Our store and will need photo ID to collect Your order.
Unfortunately, given the nature of the products We offer on Our Website, We cannot accept returns or exchange products, unless the product is defective or damaged on delivery. If a product is defective or damaged, please contact Us immediately upon receipt and We will arrange for a replacement product or refund as applicable.
6. Limitation of Liability
6.1. Australian Consumer Law
If You are a “consumer” under the ACL, then to the maximum extent permitted by law, Our liability to You under the ACL is limited to:
6.1.1. (in the case of goods) replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and
6.1.2. (in the case of services) resupply of the services or payment of the cost of re-supplying the services.
6.2. Our liability to You
To the maximum extent permitted by law, any liability We owe to You shall be limited to the total of any amounts You have actually paid to Us in connection with a product.
You indemnify and hold Us and Our related entities, affiliates, and Our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of Your breach of these T&Cs or Your breach of any law or the rights of a third party.
Unless otherwise stated within these T&Cs, notices to be given shall be in writing and shall be delivered by electronic mail at the email address You supplied to Us or to Us at the email address specified on Our Website from time to time.
Your rights and obligations under these T&Cs are personal to You, and cannot be assign. Additionally You must not deal with You rights under these T&Cs without Our prior written consent. We may, in Our absolute discretion, deal with Our rights and obligations under these T&Cs.
If any provision(s) of these T&Cs is determined to be illegal, invalid, void, voidable or otherwise unenforceable, such impugned provision shall be severed from these T&Cs without affecting the continued operation of the remaining provisions of these T&Cs.
7.4. No merger
These T&Cs will not merge on completion or termination and to the extent any provision has not been fulfilled, will remain in force.
7.5. Collection statement
7.6.1. Headings are for convenience only and shall not affect the interpretation or construction of these T&Cs.
7.6.2. 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.
7.6.3. Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
7.6.4. References to includes or including or like words or expressions shall mean without limitation
These T&Cs will be governed by and construed in accordance with the laws in force in New South Wales, and You submit to the non‑exclusive jurisdiction of the courts of that State.
|ACL||means the Australian Consumer Law being Schedule 2 to the Competition And Consumer Act 2010 (Cth).|
|GST||has the meaning given to it section 195 1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).|
|T&Cs||means these terms and conditions, as amended from time to time in accordance with clause 1.2.|
|Us||means pbyp.com.au, and We and Our have a corresponding meaning, and as the context permits includes its officers, employees and agents.|
|You||means any person who uses Our Website to purchase products in accordance with these T&Cs.|
|Your Confidential Information||in relation to You, has the meaning given to “personal information” in section 6 of the Privacy Act 1988 (Cth), and can include Your personal, credit, and credit eligibility information, and other such information in relation to You that is not in the public domain.|
|Website||means any website maintained by Us from time to time, including the website on which these T&Cs are published or otherwise made available for download.|
|Website T&Cs||means terms and conditions applicable to the access and use Our Website, and which are published by Us on Our Website.|