TERMS AND CONDITIONS
These Terms and Conditions form a contract between Pop and Weasel Pty Ltd trading as Pop & Weasel (“us” or “Pop & Weasel”) and the customer (“the Customer” or “you”) and apply to the ordering process, the purchase and satisfactory delivery of children’s shoes and other relevant goods to you (“Goods”).
These terms and conditions can be entered into with us by way of separate agreement signed by both of the parties, but the agreement by you to these terms and conditions via our website at www.popandweasel.com is satisfactory to create a binding legal contract between us.
We recommend that you read these terms and conditions closely in advance of placing any order with us and, in certain cases you may determine that it is appropriate to seek independent advice in relation to the contract which we are entering into together. These terms and conditions set out the ordering process and the matters which follow including your legal rights in respect of the Goods sold to you and the conditions on which they are provided such as our liability regime.
If you have any questions in respect of these terms and conditions prior to placing an order you may contact us by email at fleur@popandweasel.com so that we may discuss the contract which you intend to enter into with us.
1. DEFINITIONS
The terms and conditions use the following defined terms:
Business Day means any weekday in which banks are operational for the transaction of business in Melbourne, Australia;
Delivery Agent means any third party which is commissioned by us to make delivery of the Goods to you;
Delivery Fee means the amount charged by our Delivery Agent in respect of the delivery of Goods which you have ordered from us;
Fee means the purchase price of each of the Goods which you order from us which is generally set out on our website and which includes GST;
Goods means the shoes (and other associated goods) which are offered for sale by us on our website or other sales outlet;
GST has the meaning provided in the statute: “A New Tax System (Goods and Services Tax) Act 1999 (Cth)”;
Law means any statute and any subordinate legislation such as regulations which are implemented under relevant statute, common law and the law of contract, tort or equity;
Order means a request to us to provide you with Goods following satisfactory payment for the same;
Personal Information has the meaning which is defined in the Privacy Act 1988 (Cth);
Privacy Policy means our Privacy Policy as available on our website.
2. GENERAL REQUIREMENTS
2.1 Both parties to this agreement (these terms and conditions) agree to be bound by the provisions set out herein in respect of any Order which you place with us.
2.2 If you purchase additional Goods following the placement of an initial Order then there will be a separate and independent Order in respect of those Goods.
3. ORDERS FOR GOODS
3.1. If you place an Order through our website then you must follow the process presented to you via our website which you acknowledge is reasonable.
3.2. An Order submitted by you on our website is a legal offer to purchase Goods for the Fee (which includes the price for delivery and any GST which may be payable on those Goods in Australia). Once you have placed an Order and it has been accepted by us via the process set out on website there is a legally binding agreement between you and us which cannot be revoked unless authorised by law which will be determined on a case by case basis.
3.3. You agree that all Orders placed in respect of Goods are for personal use only and are not intended to be Goods which you subsequently sell to a third party for a premium or otherwise.
3.4. When you complete our Order form you will provide accurate and comprehensive information to enable us to complete the Order such that we will deliver your Goods to the appropriate address for receipt. To the extent permitted by law, we will not be liable for any losses arising from the delivery of Goods to an address which has been mistakenly input by you in any Order.
3.5. Further to paragraph 3.4 above, to the extent permitted by law, we will not be liable to you for any losses which arise due to the provision of inaccurate information by you to us when you place an Order for Goods with us.
3.6. You acknowledge when placing an Order that you aged 18 years or over and have an operational email account and mobile phone number at which you can be contacted.
3.7. When you place an Order you will be issued with an Order number which you should use in all communications with us in respect of the Order. You may contact us via the contact details section of our website.
4. CONDITIONS RELATING TO ORDERS
4.1 We may accept or reject your Order at any time and will notify you of that decision via our ordering process on our website.
4.2 If we accept your Order then this will constitute a legally binding contract between you and us with which you and we must comply in accordance with applicable laws.
4.3 If we reject an Order for which you have already paid the Fee then we will return the Fee to you within ten (10) Business Days or as otherwise agreed with you.
5. STOCK AVAILABILITY AND GOODS DESCRIPTION
5.1. You acknowledge that from time to time certain of the Goods which are visible on our website for purchase may not be available. You further acknowledge that this is acceptable and that you may need to place an Order at a later to date to be able to complete a contract for the purchase of those Goods.
5.2. We acknowledge that we may revoke the invitation to purchase any Goods which are marketed on our website at any time.
5.3. We will use all reasonable endeavours to ensure that the pictographic display of Goods accurately reflects the design of the Goods which will be provided to you following the placement of an Order. In certain circumstances there may be minor differences between the pictographic representation of Goods and those which are supplied to you. In that case you may contact us to discuss the replacement of such Goods or request a refund. Depending on the facts of the matter we may agree to pay for the return of those Goods and provide a replacement which reflects the original pictographic display of Goods acquired by you.
5.4 You acknowledge and agree that you have read any corresponding written description of the Goods prior to submitting your Order and that, to the extent permitted by law, we will not be liable to you if the Goods vary in an immaterial way from the written description of those Goods.
5.5 You acknowledge that it is your responsibility to ensure that the size of each of the Goods is suitable for the purpose for which they are intended and that replacement of the Goods in an alternative size may not be available.
6. PAYMENT OF THE FEE
6.1 The relevant Fee in respect of the Goods is set out on our website. In certain instances, in our discretion, we may reduce the Fee for any Goods for promotional or sales purposes.
6.2 All Fees quoted are in Australian Dollars and includes delivery costs and GST unless otherwise stated on our website.
6.3 You agree that we will charge you, and you will pay, the Fee for any Goods which you have ordered through our website. You will pay the Fee in accordance with the payment provisions provided on our website which may, from time to time, alter but which will generally include credit card, BPAY, Pay Pall and AfterPay. We may charge a small fee to you in respect of your method of payment. If we do so we will notify you as part of the online purchase process.
6.4 You agree that any payment of the Fee in respect of an Order must be cleared by our representative financial institution before Goods will be dispatched to you.
6.5 When you are paying the Fee for Goods you undertake that you have complied with all relevant Laws.
6.6 When your payment has been processed we will send you a tax invoice in accordance with relevant Laws including in respect of GST.
7. DESPATCH, DELIVERY AND RETURNS
7.1 When we are delivering your Goods we generally procure the services of Delivery Agents. You agree that we may provide certain of the information (including Personal Information) which has been provided to us as part of the Order process to the relevant Delivery Agent to ensure that they are able to fulfil their delivery of the Goods.
7.2 Whilst we, and our Delivery Agents, will use all reasonable endeavours to deliver the Goods to you in a timely manner, you acknowledge that in some instances the delivery of Goods may be delayed. To the extent permitted by law, we will not be liable for the tardy delivery of Goods. Any timeframes for the delivery of Goods which we provide to you is provided on an indicative basis only. Goods may be delayed in delivery for unforeseen circumstances or for other legitimate reasons. If delivery of Goods extends beyond sixty (60) Business Days from the date on which the Order for Goods was placed by you then you will be entitled to a full refund.
7.3 Goods will be delivered to the address which you provide during the ordering process.
7.5 If we or our relevant Delivery Agent is unable to deliver Goods to your delivery address then we leave a calling card for you at that address or provide you with another form of notification such as by email which will enable you to collect your Goods from the designated location which we will endeavour to ensure is within a reasonable distance from your delivery address.
7.6 If you fail to collect your Goods within ten (10) Business Days then they may be returned to us. In these circumstances, if you require redelivery of those Goods then we may charge you a reasonable delivery fee before re-dispatching those Goods to you.
7.7 Upon delivery you agree that you will inspect the Goods thoroughly. If the Goods are not in accordance with the Order which you have placed with us then you agree to contact us as soon as reasonably practicable.
7.8 We agree that you may return most Goods which have been dispatched to you which are not in accordance with the specifications on our website (including the pictographic display of those Goods) within twenty (20) Business Days of delivery for a replacement or full refund. We agree to pay for the return of the relevant Goods to us by our designated Delivery Agent in these circumstances and to either, at your election, dispatch replacement Goods to you within a reasonable period of time; or provide you with a refund for those Goods. We will comply with your request in a reasonable period of time and in any event in accordance with applicable Laws including the Competition and Consumer Act 2010 (Cth.).
7.9 Most credit card and other payment schemes require that refunds be processed on the same card or other payment method as the initial payment which was made in order to reduce the risk of fraudulent activity. We are required to comply with all card or other relevant payment scheme rules when making any refund to you.
7.10 In the case of Goods which are in conformity with the specifications on our website (including any pictographic display of the Goods) which you wish to return to us for any other reason, including for example, because you wish to receive from us an alternative size, then we will usually, at our election, require you to pay for the redelivery of those Goods to us.
7.11 When returning Goods you will comply with our reasonable instructions in respect of that return and will ensure that you use the Order number presented to you at the time of Order in respect of any such return.
8. RISK AND TITLE
Risk and title in the Goods will pass to you on the date and time of delivery of the Goods to the Delivery Agent.
9. ORDER CANCELLATIONS AND RETURNS
9.1. Unless otherwise agreed by us, no cancellations or changes to Orders will be accepted.
10. PRIVACY
All Personal Information by you to us will be used and stored in accordance with the Privacy Act 1988 (Cth.) and in accordance with our Privacy Policy which is available on our website.
11. WARRANTIES
11.1 You warrant that all information (including Personal Information) and other data which you provide to us is accurate and comprehensive and that you are eighteen (18) years of age or older.
11.2 In addition, you warrant that when placing your Order you have complied with all applicable Laws.
11.3 We warrant that we have used all reasonable endeavours to ensure that the Goods which are dispatched to you are in accordance with their description on our website.
11.4 Other than as stated in paragraph 11.3 above, and only to the extent permitted by Law, we exclude all implied terms and warranties, whether in contract, under statue or otherwise, relating to our website, the Goods which you have ordered or any other matter which relate to the provision of the Goods and the ongoing use of the Goods under these terms and conditions. However, this statement is without prejudice to your rights and remedies under paragraph 7.8 above.
12. LIABILITY
12.1 Without prejudice to paragraph 7.8 and subject to any rights you have under any relevant Law including the Competition and Consumer Act 2010 (Cth.) which we are lawfully unable to exclude, we will not be liable to you or any third party for any damage, cost, expense or other loss (including indirect or consequential loss) in contract, tort, equity, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any Order which you place with us.
12.2 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
12.3 To the extent permitted by Law, we exclude any liability (including indirect and consequential loss) in relation to the material contained in this website and your use of it.
13. CONFIDENTIALITY
Any material you upload to our website will be considered as non-confidential and, as such, we have the right to use, copy, distribute and disclose to third parties any material provided we are in compliance with our Privacy Policy and applicable Laws including the Privacy Act 1988 (Cth.).
14. DISCLAIMER AND ACKNOWLEDGEMENT
We provide the information on this website in good faith and, to the best of our knowledge and belief, the information which we provide on this website is true and accurate. Notwithstanding the foregoing, the information provided on this website is provided on an “as is” basis such that content may content human errors or inaccuracies or may not be current. You agree that by accessing or using this website, you agree that this is at your own risk.
15. INTELLECTUAL PROPERTY
Copyright in this website and its content is owned or licensed by us and you acknowledge that you have no proprietary rights in the same. Further, this website may also contain registered trade marks and trade marks which are otherwise protected by law. Except as expressly authorised, the use or misuse of any intellectual property rights in this website including copyright and trade marks is prohibited.
16. COOKIES
You acknowledge that we may use cookies on our website to assist us to improve and develop the products and services we offer to you and for other lawful purposes.
17. GENERAL
17.1 We reserve the right to change these terms and conditions at any time by posting any amended terms and conditions on this website.
17.2 Any provision of these terms and conditions which is unenforceable or prohibited under applicable Law will be severed such that the remaining terms and conditions will remain in effect.
17.3 If we fail to exercise a power or right under these terms and conditions then this does not constitute a waiver of that power or right.
17.4 Any notice given under these terms and conditions may be given by email, post or fax. All notices will be provided in a timely manner by both parties.
17.5 These terms and conditions constitute the entire agreement between you and us and supersedes any prior agreement between you and us.
17.6 We may terminate the agreement between us under these terms and conditions and/or any Order in the event that we suffer a force majeure event including all events which are outside of our control including Acts of God, industrial disputes, unforeseen transport delays and epidemic or pandemic.
17.5 These terms and conditions are governed by the State of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia and their appellate Courts.
PRIVACY POLICY
Purpose
Pop and Weasel Pty Ltd (referred to herein as Pop & Weasel, we, our or us) take the protection of your Personal Information seriously. This Privacy Policy explains why we collect your Personal Information and what we do with it, along with your rights to access and correct or update your Personal Information, make a privacy complaint and obtain further information in relation to Privacy Laws. We may make changes to this Privacy Policy from time to time for the purpose of reflecting changes in relevant laws and other lawful purposes. In this case, our revised Privacy Policy will be posted on our website at www.popandweasel.com.
We are bound by the Privacy Act 1988 (Cth.), the Australian Privacy Principles and other relevant laws which govern how we collect and use your Personal Information (referred to in this Privacy Policy as Privacy Laws).
We aim to be as transparent as possible in this Privacy Policy about what we do with your Personal Information.
Personal Information and Sensitive Information
In this Privacy Policy we use the terms Personal Information and Sensitive Information which have the following meanings:
Personal Information means information that identifies you or can be used to identify you, or from which you are reasonably identifiable such as your name, date of birth, contact details such as telephone number and email address, financial information such as bank details and credit card details, employment status, and identification on your driver’s licence or passport.
Sensitive Information is a sub-category of Personal Information which is likely to be particularly private for you such as your political opinions, your membership of a political association or trade union and whether you have a criminal record.
Sensitive Information generally receives greater protection under the Privacy Laws than other forms of Personal Information and our physical and technical systems are in place to protect Personal Information and Sensitive Information in accordance with the Privacy Laws.
Application of this Privacy Policy to individuals
This Privacy Policy applies to all individuals whose Personal Information we collect in relation to the provision, or potential provision, of our products and services and all related activities including accounting, invoicing and administrative purposes, marketing and educational services.
Individuals include:
current, former or prospective directors, employees, contractors and agents of Pop & Weasel;
individuals who have a commercial relationship with our business associates and suppliers; and
other individuals who come into contact with Pop & Weasel in relation to our business.
We generally collect your Personal Information to enable us and our third party suppliers and affiliates, partners, agents and professional advisors to provide you with our products and services either directly or indirectly, to promote and market our services to you through promotional material and otherwise and to provide you with ongoing information about Pop & Weasel goods and services.
We may collect your Personal Information for other legitimate, ancillary purposes including our compliance with the Privacy Laws.
We may also collect Personal Information of individuals to whom we market our products and services (including via our website, apps and tele messages).
How we collect your Personal Information
We will only collect Personal Information about you by lawful and fair means. We may collect Personal Information from you at various times throughout our interaction with you. We collect Personal Information from you in a variety of circumstances including when meeting you and interacting with you (via our website or otherwise).
How we hold your Personal Information
We will hold your Personal Information in physical or electronic records and we will take all reasonable steps to store your Personal Information securely to avoid misuse, interference, loss, unauthorised access, modification or disclosure.
We will comply with applicable security obligations under the Privacy Laws in relation to any Personal Information that we handle, hold and store including ensuring only relevant and authorised Pop & Weasel employees, contractors and agents deal with your Personal Information.
Pop & Weasel has a range of security controls in place (including physical, technical and procedural safeguards) designed to protect your Personal Information. These are upgraded from time to time.
Disclosure of your Personal Information
On occasions we may be required to disclose your Personal Information in accordance with applicable Privacy Laws.
Accuracy and Access to Personal Information
We take reasonable steps to ensure that the Personal Information about you that we collect, use and disclose is accurate, complete, up-to-date and relevant.
You may request to update your Personal Information at any time in which case we will do so in a timely manner and in any event in accordance with the Privacy Laws.
If you request to access your Personal Information, we will grant your request within a reasonable period of time unless providing you with access would unreasonably impact upon the privacy of others or be otherwise prohibited by relevant laws including the Privacy Laws.
In the case of requests to update or access your Personal Information, we may require you to substantiate your identity to protect you from fraud and privacy breaches perpetrated by third parties pretending to be you.
Where access to Personal Information is legitimately denied, Pop & Weasel will provide you with written reasons for the refusal of access.
When and how we dispose of your Personal Information
We seek to keep your Personal Information for only as long as it is required in order to:
provide you with after-service support including customer care services and the fulfilment of contractual warranties and guarantees;
allow us to legitimately perform our business functions and activities after our dealings with you have concluded;
allow us to legitimately comply with our legal obligations including those imposed on us by the Privacy Laws.
When your Personal Information is no longer needed for these purposes, we will take reasonable steps to destroy or permanently de-identify your Personal Information.
If your Personal Information is hacked or inadvertently disclosed
If we become aware that we have inappropriately used or disclosed your Personal Information, or that the security of your Personal Information has been compromised, including by way of third party data hacking (a data breach), and we are unable to rectify the data breach without any potential adverse effect on your privacy, we may contact you to inform you, and to work with you to minimise or mitigate the consequences of the data breach. In the case of a data breach, we may also be required to notify the Office of the Australian Information Commissioner and other relevant third party organisations in accordance with the Privacy Laws. Where we are legally entitled to do so we will notify you of such disclosure.
How to contact us and more information
If you wish to update your Personal Information, you feel that your privacy has not been respected or that we have conducted ourselves inconsistently with the Privacy Laws, or for any other queries, problems or complaints in relation to this Privacy Policy, please contact us in any of the following ways:
Email: fleur@popandweasel.com
Write to: Fleur Dowker
You can find out more information about the Privacy Laws including the Privacy Act 1988 and the Australian Privacy Principles from the Australian Information Commissioner. The Information Commissioner may be contacted at www.oaic.gov.au (email – enquiries@oaic.gov.au).