 |
terms and conditions for the use of this website
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS
SITE ON THE WORLD WIDE WEB LOCATED AT HTTP://WWW.PUMPKINPATCH.COM.AU WHICH
SITE BELONGS TO PUMPKIN PATCH DIRECT LTD. ("PUMPKIN PATCH"). THESE TERMS ARE
LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT
ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE.
YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY ALL OF
THE TERMS. PUMPKIN PATCH RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME
AND WE SHALL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF
THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE TO REVIEW THESE TERMS BEFORE
EACH ACCESS OR USE OF THE SITE. YOUR CONTINUED USE OF THE SITE SHALL
CONSTITUTE YOUR CONSENT TO SUCH CHANGES.
General Use Restrictions
All information, documents, product images, and services provided on this
Site, including trademarks, logos, graphics and images (the "Materials") are
provided to you by PUMPKIN PATCH.
PUMPKIN PATCH grants you the limited right to display the Materials only on
your personal computer, and to copy and download the Materials displayed on
this Site, provided that: (1) both the PUMPKIN PATCH copyright notice (set
forth below) and this permission notice appear in the Materials so displayed,
copied or downloaded, (2) such display, copy or download is solely for your
personal or internal informational use (that is, not distributed or otherwise
transmitted outside of your home/place of business or PUMPKIN PATCH, or
otherwise broadcast in any media). You acknowledge and agree that you have no
right to modify, edit, alter or enhance any of the Materials in any manner.
This limited licence terminates automatically, without notice to you, if you
breach any of these Terms. Upon termination of this limited licence, you
agree to immediately destroy any electronic or printed Materials.
Except as expressly stated herein, you acknowledge that you have no right,
title or interest in or to the Materials on any legal basis, without the
advance written authorisation of PUMPKIN PATCH.
Third Party Content
Third parties may provide certain information and content to PUMPKIN PATCH
("Third Party Content"). The Third Party Content is, in each case, the
copyrighted work of the creator/licensor, and may be subject to terms of use
and/or privacy policies of such third parties. Please contact the appropriate
third party for further information regarding such terms. PUMPKIN PATCH
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY
THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
No Framing
You agree not to reproduce, transmit, display, distribute, "frame" or "mirror"
any Materials on this Site on any other server or Internet-based device
without the advance written authorisation of PUMPKIN PATCH or its licensors,
respectively.
Links To Third Party Sites
This Site may provide links to other Web sites or resources over which PUMPKIN
PATCH does not have control ("External Web sites"). Such links do not
constitute an endorsement by PUMPKIN PATCH of those External Web sites. You
acknowledge that PUMPKIN PATCH is providing these links to you only as a
convenience, and further agree that PUMPKIN PATCH is not responsible for the
content of such External Web sites. Your use of External Web sites is subject
to the terms of use and privacy policies located on the linked to External Web
sites.
Privacy Policy
Your use of the Site is governed by the PUMPKIN PATCH Privacy Policy that is
available here.
Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs ("Trademarks")
of PUMPKIN PATCH or others used on this Site are the property of PUMPKIN PATCH
or their respective owners. You may not remove or alter any Trademark. You
may not use any trademark displayed on the Site without the express prior
written permission of PUMPKIN PATCH or the respective owner, and nothing
contained on this Site grants by implication, waiver, estoppel or otherwise,
any right to use such trademarks. All of the Materials appearing on this
Site, including but not limited to, text elements, site design, images and
icons, as well as the selection, assembly and arrangement thereof, are the
sole property of Pumpkin Patch Direct Ltd. Copyright © 2008, unless otherwise
specified. All rights not expressly granted herein are reserved. Except as
otherwise required by applicable law, any reproduction, distribution,
modification, retransmission or publication of any copyrighted material is
strictly prohibited without the express written consent of the copyright
owner.
Indemnification
You agree to defend, indemnify and hold harmless PUMPKIN PATCH and its
affiliates, representatives, partners, agents and employees from and against
any and all liabilities, claims, costs and expenses, including legal fees,
that arise out of or in connection with your use of the Site or breach of
these Terms.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors,
omissions, or outdated information which may affect the quality of the
Materials. You acknowledge that the Materials have not been independently
verified or authenticated in whole or in part by PUMPKIN PATCH, and agree that
PUMPKIN PATCH does not warrant the accuracy or timeliness of the Materials and
further agree that PUMPKIN PATCH has no liability for any errors or omissions
in the Materials, whether provided by PUMPKIN PATCH or its licensors.
PUMPKIN PATCH, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS,
WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR
COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING
WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE
EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE
AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN
"AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS,
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY
DISCLAIMED.
Limitation of Liability
NEITHER PUMPKIN PATCH NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY
PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE
USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS
SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN
TORT, EVEN IF PUMPKIN PATCH WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Order process
Our display of products on our website is an invitation to treat and not an
offer to sell those goods to you.
An offer is made when you place the order for your products. As you go
through the order process there are also a series of instructions. We will
not be bound however unless and until we accept your offer.
We take payment from your card at the time we despatch your order, once we
have checked your card details. Goods are subject to availability. In the
event that we are unable to supply the goods, we will inform you of this as
soon as possible. A full refund will be given where you have already paid for
the goods.
We will send to you an e-mail to acknowledge your order, if you enter a
correct e-mail address. This is not an order confirmation or order acceptance
from us.
Unless we have notified you that we do not accept your order or you have
cancelled it, order acceptance and the creation of the contract between you
and us will take place on the despatch to you by us of the goods and order
invoice, which takes place as your product is shipped from our warehouse. It
does not take place until that stage, notwithstanding that we may have debited
your card (see above) or that we have sent an acknowledging e-mail (see above)
All orders that you place on this website will be subject to acceptance in
accordance with the above clause of these terms and conditions.
The purchase of goods is subject to availability.
We do not file details of your order for you to subsequently access and
therefore please print out these terms and conditions and the order
acknowledgement for your own records. If you require any information about
orders you have placed with us please call 1800 1234 30 or email
info@pumpkinpatch.com.au. Our
Customer Service Centre is open 24 hours, 7 days per week
Delivery
Currently, orders can only be delivered from this Site within Australia.
The Delivery Cost is $7.95 per order.
Returns
Returns and exchanges of current season online purchases can be made via mail
or at one of our stores within 28 days. Items purchased under our sale icon
can only be replaced by returning to our mail order department.
Return via mail: Just complete our Returns/Order Form (enclosed in
every order we send). Replacement orders and refunds will be despatched
promptly.
Returns Address:
Pumpkin Patch, Pumpkin Patch, PO Box 6003, Chullora, NSW 1405.
Return to a Store: You can return purchases to any Pumpkin Patch
store. Just bring the original invoice and we will exchange or refund your
original purchase. Returns without an invoice will happily be exchanged or
you will be credited with a Gift Voucher to the most recent selling price.
Customer Service
If you have any queries or issues with your order please call 1800 1234 30 or
email info@pumpkinpatch.com.au.
Our Customer Service Centre is open 24 hours, 7 days per week
Availability
All orders for products are subject to availability. It is possible that an
item you purchased on this Site is not in stock. We are truly sorry if any
items you wish to purchase are not in stock. One of our Customer Service
operators will contact you promptly if this is found to be the case. Any sold
out items will have 'SOLD OUT' beside them on the statement accompanying your
purchase. Your credit card will not be charged for any unavailable items.
Colour reproduction
We attempt to reproduce our colours as true to life as possible, but due to
the nature of the printing and screen display process, sometimes garment
colours may vary slightly from the colour chart or their images.
Supply
We reserve the right to refuse to supply any individual or company.
Register Office
The supplier of the goods featured is Pumpkin Patch Direct Ltd, 439 East
Tamaki Rd, East Tamaki, Auckland New Zealand. For further information
click here
General
PUMPKIN PATCH controls and operates this Site from its headquarters in New
Zealand. You are entirely responsible for compliance with applicable local
laws, including but not limited to the export and import regulations of other
countries in relation to the Materials. These Terms will be governed by the
laws of Australia, without regard to the choice or conflicts of law provisions
of any jurisdiction. If any provision of these Terms is held by a court of
competent jurisdiction to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the parties,
with all other provisions remaining in full force and effect. The failure of
PUMPKIN PATCH to enforce any right or provision in these Terms shall not
constitute a waiver of such right or provision unless acknowledged and agreed
to by PUMPKIN PATCH in writing. The Terms comprise the entire agreement
between you and PUMPKIN PATCH and supersede all prior or contemporaneous
negotiations, discussions or agreements, if any, between the parties regarding
the subject matter contained herein.
THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS
| |
