YOUR AGREEMENT TO THESE TERMS
- These Terms set out your agreement with P.E Nation in relation to the use of the Website and the placement of Order for Products and related matters;
- In consideration of P.E Nation allowing you to use the Website, and/or opening an Account for you, you agree with P.E Nation to be bound by these Terms.
- ACCESS AND USE OF THE WEBSITE
- You must only use the Website in accordance with these Terms and any applicable law. You must not (or attempt) to:
- interfere or disrupt the Website or the servers or networks that host the Website or any security-related or other features of the Website; use any data gathering and extraction tools on the Website; or
- link to any part of the Website in a way that damages or takes advantage of P.E Nation’s reputation, or causes P.E Nation to suffer Loss including but not limited to implying or suggesting that you have any association and/or affiliation with P.E Nation, or approval and endorsement from P.E Nation when there is none, or in a way that is illegal or unfair.
INFORMATION ON THIS WEBSITE
- You acknowledge and agree that there are intellectual property rights that are owned by or licensed to P.E Nation and these include rights in respect of the Website content;
- Any material on the Website, in whatever form (including electronic form) must not be reproduced, transmitted, communicated, distributed or adapted, sold, modified or used except as permitted in accordance with applicable law or with P.E Nation’s consent;
To the extent there is material on the Website provided by third party merchants, suppliers and Product manufacturers, P.E Nation is not liable to you in respect of any Loss that you might suffer or incur as a result of inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
- ORDERS AND AGREEMENT FORMATION
- Before you may place Orders and access the Website for that purpose, you must register an Account with P.E Nation To register an Account, you must:
- give P.E Nation accurate and current personal information including your name, address, credit card or other related payment details, and a valid email address;
- be at least 18 years old, and have the capacity to enter into a legally binding agreement with P.E Nation.
- You must follow the instructions on the Website as to how to make an Order and for making changes to your Order before you submit an Order
- Subject to these Terms, and cases of Error or Obvious Error, despite any previous Price you may have seen or heard, the Price or related charges (for example delivery charges) shown or told to you (on the Website) in respect of any Order, is the Price and charges communicated to you via the Order Confirmation.
- Unless otherwise stated, all payments to P.E Nation are to be made in Australian Dollars.
- Payment for an Order is required to be made in full at the time of the Order being accepted by P.E Nation by one of the payment methods disclosed on the Website.
- If you are not entitled to use the payment method or account selected for the Order or if the payment method or account does not have sufficient funds or credit facilities to cover the Order, then the Order may not be processed.
- Upon placement of an Order, P.E Nation will issue an Order Confirmation which will be sent to you by e-mail. This email is not an acceptance of the Order.
- A binding agreement between you and P.E Nation for the purchase of Products is formed when you receive a shipment confirmation communication from P.E Nation.
- You agree that P.E Nation is not obliged to supply the Products to you until the Order has been accepted and an Agreement concluded.
- P.E Nation may in its discretion refuse to accept an Order from you, or refuse to process your Order for any reason. These reasons include but are not limited to:
- unavailability of Products the subject of an Order;
- P.E Nation suspects that you might be re-selling the Products;
- P.E Nation suspects that the Order is not genuine and that it is being used for a purpose other than for use of the Products is the subject of the Order by you; or
where P.E Nation considers that the Products cannot be delivered to your nominated delivery address.
YOUR ACCOUNT AND THE ACCOUNTS OF OTHER PERSONS
- You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure.
- E Nation is not liable or any Loss suffered or incurred by you as a result of any unauthorised activity on your Account if you fail to keep your Account login information secure.
- You must not use another person’s Account without P.E Nation’s, and/or the other person’s, express written permission.
- If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify P.E Nation immediately and take immediate steps to re-secure your Account (including by changing your password).
- P.E Nation may refer fraudulent or abusive or illegal activity to the relevant authorities for investigation or prosecution.
CANCELLATIONS AND AMENDMENTS TO ORDERS
- P.E Nation is not obliged to accept any request by you for a cancellation or amendment of an Order;
- If you discover that you have made a mistake with your Order after you have submitted it to P.E Nation via the Website, you may request the Order be cancelled or amended. P.E Nation does not guarantee that it will be able to cancel or amend the Order in those circumstances;
- If you have made an Order and P.E Nation is unable to process the Order or P.E Nation does not accept the Order, P.E Nation will notify you and the Order will be cancelled;
- P.E Nation will refund any payment already made by you to your original payment method where an order is cancelled as contemplated by this clause, and before it has been accepted by P.E Nation.
- PRODUCT DELIVERY
- Products will be delivered to you at the place of delivery requested and nominated by you in the Order. P.E Nation may use independent contractors for the purposes of delivery and charge you a delivery fee as specified at the time of you placing an Order.
- Where it is not possible for P.E Nation to deliver to your nominated delivery location, P.E Nation will inform you an attempt to make alternative delivery arrangements.
- P.E Nation does not guarantee any firm delivery dates.
- Where you grant P.E Nation an authority to leave the Products at your nominated delivery address when placing your Order you agree that P.E Nation is given permission to leave the Products the subject of the Order unattended by the front door or at the reception or lobby or any relevant concierge (in the case of an apartment building) or, otherwise as per your instructions. In those circumstances, P.E Nation is not required to obtain a signature confirming delivery at the delivery location.
- You agree that you will take delivery of the Products without unnecessary delay and at a time reasonably specified by P.E Nation. If you are unable to take delivery through absence from the delivery location, P.E Nation may leave a card providing you with instructions on collection of the Products.
- Where through your unreasonable refusal to accept delivery of the Products you do not accept delivery or collect the Products, then P.E Nation may:
- charge you with a reasonable storage fee and other costs reasonably incurred by P.E Nation; or
- remove the Products from being available for delivery or collection and notify you that any Agreement for sale of the Products has been terminated.
TITLE AND RISK
- Unless otherwise specified by you, all title and risk passes to you upon P.E Nation accepting the Order and payment for the Price and all other relevant charges in respect of the Order being paid by you.
- As and from the time when risk passes to you, the will P.E Nation not be liable to you for Loss suffered or incurred by you in relation to the Products except as provided in the Terms;
- You agree to take care when opening the Products so as not to damage it, and not to use any sharp instruments in that process.
YOUR COMMITMENTS, AGREEMENTS AND ACKNOWLEDGEMENTS
- You warrant, and represent to P.E Nation and acknowledge that P.E Nation has relied on same in entering into any Agreement with you, that:
- all information provided by you in your Account application is complete,
- accurate and correct and is not misleading;
- P.E Nation may rely on that information unless and until it receives written notice of any change signed by you. Any such varied information will be covered by this warranty;
- you have full capacity, power and are otherwise properly authorised to enter into obligations and exercise rights pursuant to these Terms;
- during your dealings with P.E Nation, you will be in a position to meet all your commitments and obligations arising from these dealings;
- you will notify P.E Nation immediately of any errors or omissions with respect to your details or Account, in writing;
- you have not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by P.E Nation in relation to the Products or their use or application;
- you have not made known, either expressly or by implication, to P.E Nation, any purpose for which you require the Products and you have the sole responsibility of satisfying itself that the Products are suitable for your use.
- to provide P.E Nation with accurate, true and current information about yourself and maintain that information;
- you are responsible for maintaining the confidentiality of your password and Account information and the activities conducted on your Account;
- to notify P.E Nation immediately of any unauthorised use of your password or any breach of security;
- P.E Nation is not responsible for, and is not liable to you in respect of any Loss suffered or incurred by you regarding the reliability, completeness or accuracy of any third party information it provides or makes available to you;
- P.E Nation has the right to correct any trading or administrative errors including but not limited to reversing or cancelling an Order without your consent and without liability or recourse by you against P.E Nation;
- Any information provided by P.E Nation including information posted on its website is indicative and for information purposes only. P.E Nation does not warrant the accuracy of that information and you should not make your own enquires concerning that information.
- YOUR INSTRUCTIONS
- All your instructions are subject to law, and these Terms.
- It is your responsibility to ensure that all instructions given to P.E Nation are in accordance with the law, and these Terms.
If P.E Nation considers it is in its reasonable interest to do so and to the extent permitted by law, it may decline to act in relation to any particular dealings, without explanation or notice where it:
- believes the transaction would result in no change of beneficial ownership in the Products;
- believes the instructions are ambiguous, incomplete or unclear; or
- has suspended or cancelled your Account.
TERMINATION OF AGREEMENTS
- If you do not comply with any essential obligations, P.E Nation may terminate an Agreement by serving a notice of termination on you.
For the purposes of these Terms and any Agreement where you agree to acquire Products from P.E Nation:
- any obligations on you to pay the Price and other applicable charges in respect of any Order, or to pay any other moneys owing by you to P.E Nation in relation to these Terms or any Agreements, are deemed to be essential obligations; and
- in respect of any other obligations, those obligations are deemed to be essential obligations if they remain unremedied for a period of seven days from the date P.E Nation advises you of the relevant breach and the need to remedy those defaults.
P.E Nation may also terminate an Agreement arising from an Order if the Products are not available for any reason or due to inability of P.E Nation to deliver the Products to your nominated delivery address;
In the case of termination of an Agreement:
- due to non-availability of the Products, P.E Nation will refund to you any money paid by you in respect of that Agreement;
- due to inability of P.E Nation to deliver the Products to your nominated delivery address, P.E Nation may, but is not obliged to refund to you any money you have paid to P.E Nation, however if P.E Nation elects to refund to you some of those monies P.E Nation may deduct its reasonable administration charges connected with acceptance of the Order and delivery of the Products (including for attempting to deliver and then returning the Products, and any storage fees as provided for in the Terms);
- due to breach by you of an essential term, P.E Nation may hold any other money paid by you under same as security for anything recoverable in relation to these Terms and/or enforce any other rights it may have against you in relation to these Terms and/or at law or in equity.
SALES OUTSIDE OF AUSTRALIA AND NEW ZEALAND
- the Website and P.E Nation is based in Australia;
- For delivery outside of Australia and New Zealand, P.E Nation will render all invoices and calculate prices/charges to you in United States Dollars;
- the Price and related charges related to the sale of Products by P.E Nation to you, will, for customers located outside of Australia, be subject to the exchange rate applied by the customer's credit or debit card merchant or in the absence of same, by P.E Nation;
- where Products are shipped to your nominated delivery address outside of Australia, there may be Overseas Tax levied by a Government Agency in the country of nominated delivery, and that you will be liable for all such Overseas Tax (even if it is charged to P.E Nation) and any other Loss you may suffer or incur related to the charging of Overseas Tax, and:
- P.E Nation is not responsible for, and not liable to you for any Overseas Taxes or other Loss you may suffer or incur related to charging of Overseas Tax;
- P.E Nation is not liable to reimburse you for any Overseas Taxes that may be imposed upon you or any other Loss you may suffer or incur related to charging of Overseas Tax;
- you agree to reimburse P.E Nation for any Overseas Tax that may be imposed upon P.E Nation or any other Loss P.E Nation may suffer or incur related to charging of Overseas Tax; and
- you release P.E Nation from all Claims you had, have or may have in relation to any Overseas Tax that may be imposed upon you or any other Loss you may suffer or incur related to charging of Overseas Tax.
- PRODUCT RETURNS
You agree that it is not a defect in the Product or a breach of a warranty if in P.E Nation’s reasonable opinion, following the sale of the Products to you, the Product has:
- become of unacceptable quality due to fair wear and tear;
- been misused, for not used in accordance with manufacturers’ instructions, or been used in an abnormal way; or
- not had reasonable care taken by you in respect of the Product.
- You may return Product to P.E Nation in circumstances where you believe the Product is the subject of a defect, or there is an applicable warranty claim contemplated by these Terms.
- Where the Product sold to you is confirmed to have a defect, or there is an applicable warranty claim contemplated by these Terms, P.E Nation will replace the Product or refund the Price of the Product to you at your request.
- If the Product is found not to have a defect or there is no applicable warranty claim contemplated by these Terms, P.E Nation will return the Product back to you and may charge you the delivery costs of this return.
- You agree that it is not a defect in the Product or a breach of a warranty if in P.E Nation’s reasonable opinion, following the sale of the Products to you, the Product has:
- VOUCHERS, GIFT CARDS AND ONLINE STORE CREDIT
- Where P.E Nation offers, provides or sells Vouchers or Gift Cards you may use these as payment for Products on the Website.
Where P.E Nation emails Vouchers and Gift Cards to you, P.E Nation is not liable to you for any Loss suffered or incurred by you occasioned by:
- any errors in the email address you provided to P.E Nation;
- resulting from use of Vouchers or Gift Cards without permission; or
- theft or illegibility of Vouchers Gift Cards.
- Where there is fraud, or deception or other illegal activities in connection with the redemption of Vouchers or Gift Cards on the Website, P.E Nation is entitled to close your Account and/or require a different means of payment.
- can only be redeemed on the Website in accordance with the terms stated on them;
- are valid for the specified period stated on them only;
- may exclude various types of Products from Voucher promotions;
- cannot be redeemed for cash; and
- can only be used on the basis of one Voucher per Order.
- If you place an Order for Products that is less than the value attributable to the Voucher P.E Nation is not obliged to refund you and no residual credit will be returned to you.
- If the credit on a Voucher is insufficient for the Order you wish to make, you may make up the difference by payment through means provided for in these Terms (however you may not do this by using another Voucher or attempting to rely on any other promotional offer of P.E Nation).
- In circumstances where multiple Products are purchased using a Voucher, and one or more Products are returned, the discount will be applied on a pro rata basis to each Product for the purpose of establishing refund values.
- Gift Cards may be purchased by you for use on the Website by you or other customers nominated by you.
- are valid for the specified period stated on them only and any balance that remains after that expiry date will not be available for use;
- do not accrue interest nor can they be redeemed or refunded for cash;
- cannot be used to buy further Gift Cards.
- If you place an Order for less than the value of the Gift Card, the residual credit can be used for future purchases, however that residual credit may not be redeemed for cash.
- Where there is a credit on a Gift Card and it is insufficient for the Order payment to be completed by the use only of that Gift Card, the difference can be paid for through payment by other means as contemplated by these Terms.
- You may use as many Gift Cards as you wish in paying for an Order, and Gift Cards may be used in conjunction with a Voucher provided only one voucher is used per Order;
- If an Order made using a Gift Card or a Voucher is cancelled or returned, and you are entitled to a refund, the portion of the purchase attributable to the Gift Card or Voucher will be refunded as a store credit only.
- Where P.E Nation provides an in store credit:
- those in store credits are applied to the account registered with the same email address used to place the Order;
- no in store credits are able to be transferred to other accounts;
- An in store credit is valid for 12 months (or any additional period P.E Nation may without being obliged to do so, advise you) from the date first issued calculated on a first in first out basis;
- credit balances for in store credits that expire after the 12 months (or any relevant extended period) will not be available for use by you.
- in store credits do not accrue interest nor can they be redeemed or refunded for cash;
- if an Order made using in store credit is cancelled or returned, the portion of the purchase attributable to the in store credit will be restored to your Account only.