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Purchase Terms and Conditions


The following terms and conditions (“Terms”) govern your use of the website located at https://poppiepack.shop/ (“Website”) and/or purchase of goods from Poppie Pack by any means (including but not limited to direct wholesale purchase from Poppie Pack). These Terms form a binding contractual agreement between you, the user of the Website and/or customer of Poppie Pack (“you”, “your”) and Poppie Pack (ABN: xx). By visiting and/or purchasing goods from the Website or Poppie Pack, you agree to be legally bound by these Terms, as amended from time to time. Poppie Pack reserves the right to modify any part of these Terms at any time and it is your responsibility to check this page periodically for changes. 

Prices

All transactions are processed in Australian Dollars (AUD) and include a Goods and Services Tax (GST) of 10% unless otherwise specified. All prices displayed on the Website are subject to change without notice, including offering promotional, discount or higher prices. The valid price at any time is that which is published on the Website at the time of purchase. Prices on the Website may differ from those published elsewhere and by third parties.

In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, Poppie Pack may refuse to fulfil or cancel any orders placed for such products listed at the incorrect price, whether or not the order has been confirmed or you have been charged in part or full for the order.

Poppie Pack has the right to vary price at their sole discretion, including but not limited to an offer for wholesale price for purchase. Any offer for wholesale price will be confirmed in writing by Poppie Pack  (email is acceptable).

Product appearance

Poppie Pack makes every effort to ensure the products are displayed as accurately as possible on the Website, however, Poppie Pack does not warrant that the product descriptions, images or prices are accurate. The actual colour of products may be different to how they appear on your screen, as monitor colour varies considerably. In addition, paper stock may vary from product to product and may contain imperfections. Poppie Pack believes that such imperfections add to the character of Poppie Pack products. This means, no two products will be 100% identical.

Framing

Poppie Pack offers framing services via affiliated third party providers. Poppie Pack makes every effort to ensure that framing services are completed at a high quality, however Poppie Pack does not warrant or make any representation on the quality of the third party providers products or services.

Orders

Your receipt of an electronic, or other form of, order confirmation does not signify Poppie Pack’s acceptance of your order, nor does it constitute confirmation of Poppie Pack’s offer to sell. Poppie Pack reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not you have been charged for the order. If Poppie Pack declines or limits your order, Poppie Pack will refund your order to the extent that Poppie Pack has declined or limited your order.

Once your order has been submitted to Poppie Pack, any request for subsequent changes must be sent in writing to poppie@poppiepack.com. Changes cannot be guaranteed and shall be at Poppie Pack sole discretion. Any change or cancellation agreed to by Poppie Pack may incur additional costs, which shall be notified to you.

By placing an order, you acknowledge that:

  • you are over 18 years of age;
  • all details you provide to Poppie Pack are true and accurate, that you are an authorised user of the account and connected credit card to place your order and that there are sufficient funds to cover the cost of the goods; and
  • foreign exchange rates may fluctuate and that all charges are subject to such changes.

A confirmation email will be sent to you in acknowledgement of receipt of your order. This document supersedes all prior correspondence in relation to your order (verbal, written, graphic or otherwise). Once your order has been fulfilled, you will receive a second email confirming it has been dispatched.

Payment

Payment must be made in full at time of online order. Poppie Pack utilises the services of third parties, including Stripe and PayPal to process payments on the Website. You are responsible for making your own enquiries into and abiding by the terms and conditions of use of the relevant third party payment processing entity. All enquires or issues relating to payment processing must be directed to the relevant third party payment processing entity. In no event shall Poppie Pack be responsible or liable for any payment processing issue or error. Poppie Pack will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Shipping

Orders within Australia are shipped within 14 business days from the date of Order via Australia Post.

Shipping is currently calculated within Australia and New Zealand region only. For international orders, please contact poppie@poppiepack.com.

As Poppie Pack relies on third party logistics and shipment companies to deliver products to customers, Poppie Pack cannot guarantee delivery times. If your order does not arrive within a reasonable time please contact us. To the maximum extent permitted by law, Poppie Pack shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery or delay. For the avoidance of doubt, Poppie Pack is not responsible for any international shipping delays caused by the customs clearance process.

If access will be difficult for the person delivering, please provide Poppie Pack with written details when placing your order.

Refunds and exchanges

Please choose carefully before placing an order. Poppie Pack cannot offer refunds for change of mind or wrong selection. Poppie Pack may allow exchanges at Poppie Pack absolute discretion, subject to product availability, and at Poppie Pack reasonable discretion.

Poppie Pack cannot offer refunds or replacement of goods that are damaged through misuse, including by failure to exercise reasonable care.

In the unlikely event that you receive a product that you consider to be faulty or damaged you must notify Poppie Pack in writing within twenty-four hours of receipt and must be returned and received by Poppie Pack within 7 days of such notice. Any failure to notify Poppie Pack within the timeframe specified shall be deemed acceptance by you that the relevant product is free from any damage whatsoever. Returned products shall be subject to inspection by Poppie Pack prior to any exchanges or refunds being granted. To the extent allowed under law, no refunds will be provided for any defects that can be reasonably rectified.

In order to be fully eligible for an exchange or return, you must:

  • Contact Poppie Pack with the request and reason for the return via email to poppie@poppiepack.com within 24 hours of delivery;
  • Return the product in the condition delivered (no additional damage) together with any certificates and documentation, within 7 days for Australian customers and 14 days for international customers of notice to us; and
  • Return the product with original invoice received identifying the order.

If any legislation operates to prohibit or restrict the exclusion, restriction or modification of any implied warranties, conditions or obligations, then to the full extent permitted by law, Poppie Pack limits its liability in respect of any such claim to, at its option:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of repairing the goods, or replacing the goods or of acquiring equivalent goods.

Intellectual Property

All rights reserved.

The intellectual property rights in all artwork, images, material, and other content made available to you on or through the Website remains the property of Poppie Pack – including any product you purchase from Poppie Pack. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the artwork, images, materials, or other content which appears on the Website, even if you have purchased a product from Poppie Pack. You further acknowledge that all intellectual property (whether registered or unregistered) including copyright, trade marks, and/or other information relating to Poppie Pack products shall vest at all times with Poppie Pack (and/or its licensors). For the avoidance of doubt, purchasing any Poppie Pack product does not give you any ownership or license rights in or to the copyright in such product.

Linking to the Website

You may link to the Website, provided you do so in a way that is fair and legal and does not damage Poppie Pack’s reputation or takes advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.

Liability and Indemnity

To the maximum extent permitted by law, Poppie Pack shall not be liable for any losses, liabilities, costs, damages, charges or expenses whatsoever or howsoever incurred relating to or connected with your use of the Website or purchase of any of Poppie Pack products.

Every effort is made to keep the Website up and running smoothly. However, Poppie Pack takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond Poppie Pack’s control.

You hereby agree to indemnify and hold Poppie Pack, its officers, employees, contractors, agents, affiliates, successors, assigns, suppliers and licensors harmless against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including legal expenses) arising out of: (a) your misuse of any Poppie Pack products; (b) your breach or alleged breach of these Terms; (c) your infringement of any law, rule, regulation or rights of others in connection with your use of Poppie Pack products; or (d) your use or disclosure of another person’s personal information including any financial or billing information which you are not authorised to use or disclose.

Privacy Notice

Poppie Pack collects, uses, and discloses personal information in accordance with Australian privacy law. All personal information collected by Poppie Pack in connection with your use of the Website or contact with Poppie Pack will only be used by Poppie Pack in the course of her business and will not be sold to any third party.

If you wish Poppie Pack to update or delete any of your personal information (including your email address), please contact: poppie@poppiepack.com.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New South Wales, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of such State in resolving any disputes.

Entire Agreement

These Terms constitute the entire agreement between the parties and shall supersede any and all preceding and contemporaneous agreements between you and Poppie Pack.

For any additional questions, please contact Poppie Pack by email on: poppie@poppiepack.com