Terms of Service
This website www.pumphaircareb2b.com (the Website) is owned and operated by Pump Haircare Pty Ltd (ABN 86 157 791 467) (“Pump Haircare”, “we” and “us”).
These Terms of Service, together with any terms, conditions, polices and notices contained on our Website (collectively, the “Terms”), cover your access to and use of our Website and the content, tools, products and services made available on our Website (collectively, the “Service”).
The Terms apply to any person who accesses or uses the Website, including Website visitors, stockists, customers, wholesalers and/ or contributors of content. Please read these Terms carefully before accessing or using our Website.
By accessing or using our Website or the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Website or the Service.
You must be 18 years of age or older to use the Service, including to place an order for products through the online shop on our Website, to create an account on the Website or to become a stockist.
1. Changes to the Terms and the Service
1.1 We reserve the right to make changes to these Terms. We will provide you with reasonable notice of the changes before the changes take effect by publishing an updated version of the Terms on this page of our Website. We may also provide you with reasonable notice of the changes by email.
1.2 It is your responsibility to check this page periodically for changes. Your continued access to, or use of, the Website after any changes take effect constitutes your acceptance of those changes.
1.3 We may make changes to, or discontinue, the Service (or any part of the Service) at any time.
1.4 We will not be liable to you or to any third party for any loss caused by changes to the Terms or the Service, or the discontinuance of, the Service (or any part of the Service).
2. Website Content
2.1 We endeavour to ensure that the information made available on the Website is accurate, complete and current. However, some of the information may be inaccurate, incomplete or historic. As such, we do not represent or warrant that the information on the Website is accurate, complete and current.
2.2 The content on the Website is provided for general information only and you should not rely upon it. Any reliance on the Website content is at your own risk. You are fully responsible for any loss resulting from your access to, reliance upon or use of any content on the Website.
2.3 We reserve the right to update the content on the Website at any time, including to correct any errors, inaccuracies and omissions.
2.4 You may access our Website from outside of Australia. However, we make no representation that our Website, or its content, complies with the laws of any country outside of Australia. When you access or use our Website or the Service from outside of Australia, you do so at your own risk. You are fully responsible for complying with all applicable laws which relate to your access to, and use of, our Website and the Service.
2.5 Our store is hosted on Shopify. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
3.1 The prices displayed for products on our Website are in Australian dollars (AUD). You can change the currency displayed on the Website using the tool provided in the online shop. We reserve the right to change prices without notice. For a delivery within Australia, the displayed price of a product includes Goods and Services Tax (GST).
3.2 Australian GST does not apply to orders made outside of Australia (International Orders). However, International Orders may be subject to charges, duties, fees, levies and taxes. You are responsible (as the importer) for paying all applicable charges, duties, fees, levies and taxes in connection with International Orders.
3.3 The actual price payable for an International Order is subject to exchange rates and currency conversion fees.
4.1 We have made every effort to accurately display the colours and images of our products on our Website. However, we cannot guarantee that the colours and images of our products will accurately display on your electronic device.
4.2 At any time, we may remove any product displayed on the Website on a temporary or permanent basis. We reserve the right to limit or restrict the sale of our products to any geographic region or jurisdiction. We will not be liable to you or to any third party for any loss arising from the removal of a product from the Website or any restriction on the sale of products to any geographic region or jurisdiction.
4.3 Countries may impose restrictions on certain products set out in an International Order. We are not responsible for any delay or failure to deliver any products caused by these restrictions. If we consider on reasonable grounds that these restrictions may prevent us from delivering the products to a shipping address, we may refuse to accept an International Order.
4.4 We may offer certain products or services exclusively on our Website.
4.5 Any products that we supply to you must not be sold via an e-commerce or other online fulfillment method without Pump Haircare’s prior written approval. In the absence of prior written approval, you agree to sell our products only from the physical premises that you nominated in your application to become a Stockist.
4.6 You must ensure that you are familiar with the properties and applications of our products by utilising information we make available to you on the Website including the product guide.
4.7 You must not make any modification or alteration to any product supplied by Pump Haircare without Pump Haircare’s prior written approval.
4.8 You must not become a Stockist if doing so would constitute a breach of any agreement you may have with a third party.
5.1 To place an order through the online shop on the Website, you must provide:
(a) a valid shipping address;
(b) a valid email address and a telephone number; and
(c) payment details which are acceptable to us or the relevant payment processor you have selected on our Website, such as credit or debit card details.
There are some countries and regions where we do not ship orders. Details are available on the Shipping page of our Website.
5.2 When you place an order with us, we will send an email confirming receipt of your order to the email address you have provided. This confirmation does not constitute our acceptance of your order.
5.3 We accept your order, and a contract is formed between us, on approval of your payment and we (or the relevant payment processor) receive payment from you for the order.
5.4 Title to the products passes to you when we receive full payment for the products. Risk in the products passes to you on delivery of the product to the nominated shipping address. You agree that our retention of title interest is a purchase money security interest as defined in the Personal Property Securities Act 2009 (Cth) (PPSA) and that we may register this interest against you on the Personal Property Securities Register. You also agree that you waive your right to receive notice of a verification statement for any registration event relating to this interest and that the following provisions of the PPSA are contracted out of to the extent permitted by law: sections 95, 96, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143.
5.5 You may pay for your order using any of the payment methods set out on the Website. Payments made using a payment processor are subject to that payment processor’s terms and conditions. Please review the relevant payment processor’s terms and conditions before making a payment.
5.6 You must ensure that the information you provide to us in connection with an order is accurate, complete and current.
5.7 We reserve the right to refuse any order you place with us, including if the products are not available or if there is an error in the price of the products displayed on the Website.
5.8 We may, in our sole discretion where acting reasonably, restrict the quantity of products which may be added to an order. These restrictions may apply to orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address.
5.9 In the event that we make a change to or cancel an order, we will attempt to notify you promptly of the change or cancellation by contacting the email and/or phone number provided at the time the order was made.
5.10 If we accepted an order from you, the applicable version of the Terms will be the version of the Terms that was in place at the time your order was accepted.
6.1 Please note that we do not offer exchanges, refunds or credit notes for change of mind.
6.2 You must notify us at email@example.com of:
(a) any incomplete deliveries; and
(b) any shortage of or damage to our products,
within three (3) days of receipt of the shipment. Your email will also need to include the following:
(a) the order number;
(b) a photograph of the products, which identifies the damage (if relevant); and
(c) details of any shortfall (if relevant).
6.3 We will inform you of any further information we require and we will email you a returns form to the email address which you provided with your order.
6.4 Please complete the returns form and send it back to us, along with the relevant products (if damaged), via a trackable postal or courier service. Please return the relevant products to us within 28 days from the date on which you received them.
6.5 All returns should be sent to the following postal address: 5B Gibbes Street CHATSWOOD NSW 2067 Australia.
6.6 We will offer you an exchange, refund or credit note at our discretion.
7. Complaints and Product Recalls
7.1 You must promptly notify Pump Haircare in writing of any customer complaint, including any allegation relating to product safety raised by a customer.
7.2 You agree to provide us with reasonable assistance in relation to any product recall.
8. Prohibited Conduct
8.1 In addition to any other prohibitions set out in these Terms, you are prohibited from using the Website:
(a) for any unlawful purpose;
(b) to violate any international, national or state regulations, rules, laws or local ordinances;
(c) to violate any right of any third party, including copyright, trade mark, privacy, personality or other personal or proprietary rights;
(d) to harass, abuse, insult, harm, defame, libel, disparage, intimidate, incite violence or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
(e) to submit false or misleading information;
(f) to upload or transmit viruses or any other type of malicious code or engage in any conduct that will interfere with the functionality or operation of the Website, any related website or the internet;
(g) to collect or track the personal information of others;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose;
(j) to interfere with or circumvent the security features of the Website, any related website or the internet;
(k) to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service;
(l) use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to your identity; or
(m) to assist, encourage or solicit any third party to do any of the above.
8.2 We reserve the right to block you from accessing or using our Website or the Services if we consider on reasonable grounds that you have engaged in any of the prohibited conduct set out in this clause.
9. Personal Information and User Content
9.4 You agree that we will be under no obligation to:
(a) maintain the confidentiality of User Content;
(b) pay compensation in respect of our use of User Content; or
(c) to respond to any User Content.
10. Intellectual Property
10.1 Our Website contains material which is owned by or licensed to us and is protected by Australian and international laws, including without limitation the trade marks, trade names, software, content, design, images, graphics, layout, appearance and look of our Website.
10.2 We own or are licensed to use all of the intellectual property rights in our Website and nothing in these Terms constitutes a transfer of the ownership of any intellectual property rights to you.
10.3 Your use of our Website does not grant you a licence, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on our Website without the express written permission of the owner.
11. Liability and Indemnity
11.1 Subject to clause 12.2, to the fullest extent not prohibited by law, all terms, conditions, warranties, undertakings, inducements and representations, whether implied, statutory or otherwise, relating to the products that are not expressly set out in these Terms are excluded.
11.2 We do not exclude, restrict or modify any liability that cannot be excluded, restricted or modified, or which cannot be excluded, restricted or modified except to a limited extent as between you and us by law including liability under the Competition and Consumer Act 2010 (Cth). However, where such statutory provisions apply, to the extent to which we are entitled to do so, our liability for the products will be limited to the replacement of products.
11.3 To the fullest extent permitted by law, we are not liable to you, whether in contract, tort (including negligence), under statute or otherwise, in connection with these Terms for any:
(a) special, punitive or exemplary loss or damage;
(b) loss of revenue or profits, loss of reputation, loss of opportunity or contract, loss of use of or damage to property, plant or equipment, system downtime costs or claims by your customers (whether direct or consequential); or
(c) loss or damage that does not arise naturally and directly from a breach of these Terms by us, meaning in the case of non-delivery of products, the amount (if any) by which the price of the non-delivered products is less than the price reasonably paid by you to obtain replacement products.
11.4 You indemnify us against, and must pay on demand, any loss, liability or cost suffered or incurred by us which arises from or in connection with:
(a) any breach of these Terms by you;
(b) any breach of law by you; or
(c) the death or injury to any person or loss of or damage to any property arising from your performance of your obligations under these Terms.
11.5 The indemnity in clause 12.4 will survive the termination or expiration of these Terms.
12.1 We endeavour to minimise any interruptions to your use of our Website. However, we do not represent or warrant that our Website will be available at all times.
13.1 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision.
14.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by any applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.
14.2 Any such determination shall not affect the validity and enforceability of the remaining provisions.
15. Governing Law
15.1 These Terms shall be governed by and construed in accordance with the laws in force in New South Wales.
15.2 By agreeing to these Terms, you are deemed to have submitted to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from those courts.
16. Contact Information
16.1 If you have any questions in relation to the Terms, please contact us via email at firstname.lastname@example.org.
Last Updated: 16 November 2020