Welcome to www.pluggersaustralia.com.au (the ‘Website’). This Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’).
The Website is operated by Pluggers Australia ABN 57 821 906 859 (‘Pluggers Australia’ and ‘Pluggers’). Access to, and use of, the Website, or any of its associated Products, is provided by Pluggers Australia. Please read:
(together, the ‘Terms‘) carefully.
For the purposes of these Terms, “Us”, “Our” and “We” refers to Pluggers Australia and “You” and “Your” refers to you, the customer, visitor, website user or person using our Website.
ACCEPTANCE OF TERMS
By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, immediately.
CHANGES TO THESE TERMS
We may change these Terms at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Website after these Terms have been modified, you agree to be bound by the changes to these Terms. If you have an online order that has been accepted by us, the Terms that will apply to the order are the Terms that apply at the time you placed the order. You should check our Website regularly for any updated Terms.
In order to purchase from the Website, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) email address;
(b) preferred username;
(c) mailing address;
(d) telephone number;
(e) password; and
(f) banking, payment or credit card information,
You may not use the Website and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Pluggers Australia; or
(b) you are a person barred from using the Website under the laws of Australia or another country including the country in which you are resident or from which you use the Website.
You agree that:
(a) you will use the Website only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) whenever you are asked to provide Personal Information in connection with the Website, you agree to provide accurate, correct and complete details;
(c) you have the sole responsibility for protecting the confidentiality of your Personal Information;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Pluggers Australia providing you with the Products;
(e) any use of your Personal Information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Pluggers Australia of any unauthorised use of your Personal Information or account or any breach of security of which you have become aware;
(f) you must promptly advise us of any changes to your Personal Information provided to us as part of the customer registration process;
(g) you are responsible and liable for any person that uses your Personal Information or account to order Product(s) through the Website; and
(h) we will charge you for all Product(s) that we agree to supply to you that have been ordered using your Personal Information through the Website.
You agree not to:
impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or Personal Information or try to mislead us or others as to the identity or origin of any communications, or to provide inaccurate or unreliable Personal Information;
use the Website for any illegal and/or unauthorised use which includes collecting Personal Information of other users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
use the Website in any way to send unsolicited (commercial or otherwise) e-mail (‘Spam’) or any material for marketing or publicity purposes, or any similar abuse of either;
publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful software;
remove, copy or use any copyright, trademark, or other proprietary rights contained in or on the Website;
falsify the true ownership of software or other material or information contained in a file made available via the Website;
obtain or attempt to obtain unauthorised access, or automate, through whatever means, to the Website; or
use the Website other than in accordance with these Terms,
or attempt any of the above acts or engage or permit another person to do any of the above acts.
You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of our relationship with you. Appropriate legal action will be taken by Pluggers Australia for any illegal or unauthorised use of the Website.
You warrant that:
any information you give to Pluggers Australia in the course of using the Website will always be accurate, correct and up to date;
the person receiving the products at the relevant delivery address is authorised by you to do so; and
you have and will comply with all relevant laws relating to your use of the Website and your placement of any order to us.
PLACING AN ORDER
By completing an order form on the Website, you are making a purchase of a Product(s), and authorising us to recover the full purchase price (including delivery and other charges and taxes) through one of the nominated online payment methods available on the Website. Any order placed on the Website by you is an offer by you to purchase the particular Product(s) for the price notified (including delivery and other charges and taxes) at the time you place the order. You must not pay, or attempt to pay for Product(s) through any fraudulent or unlawful means.
If we accept your order, we will send an email / receipt confirming the order and price of the Product(s).
If we are unable to successfully process your payment for your order that is accepted by us, then we may notify you and cancel your order.
Pluggers Australia may record your purchase details for future use. We will communicate with you about your order using email.
All prices on the Website are quoted in Australian dollars and include GST (but exclusive of postage fees).
If required, any foreign currency conversion will be calculated by PayPal. Pluggers Australia is not responsible for any loss incurred as a result of currency fluctuation. Please note that your credit card processor may charge you a conversion rate fee.
All prices are subject to change from time to time and we do not provide notice of these changes. All prices displayed on the Website are only valid online at the time shown.
A summary of postage fees can be found in our Shipping terms.
Prices on the Website may differ from those in a store where Pluggers is sold and we are not obliged to match any prices for a product that is available in any other store.
ACCEPTANCE / REJECTION OF ORDER
We reserve the right in our discretion to decline to accept any order and/or to supply Product(s) to any individual or company, including if the requested Product is not available or there is an error in the price or product description posted on the Website or in your order.
Each order that is accepted by us creates a separate binding agreement between you and us for the supply of those Product(s). For each order accepted by us, we will supply the Product(s) in that order to you in accordance with these Terms.
If we decline to accept, or cancel, an order for which we have received payment, we shall refund the payment, but shall have no further obligations or other liabilities.
Pluggers Australia attempts to present the availability of stock accurately however stock availability constantly varies and is only valid at the time shown.
Please see Shipping Terms for information regarding customer’s ability to cancel an order on this Website.
We reserve the right to cancel your order if:
you provide an unauthorised credit card or gift card;
we are unable to process payment on the credit card provided;
you provide invalid personal details;
if, when required by us, you cannot provide acceptable proof of identity;
the product has become unavailable; or
if, for any reason, we don’t reasonably believe we can successfully complete delivery. We will attempt to notify you before cancelling your order.
REVIEWS AND COMMENTS
You may post reviews and make comments on the content on the Website. The content however must not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties and is not permitted to consist of or contain software viruses, commercial solicitation, mass mailings, or any form of Spam. We reserve the right to remove such content at any time, and without notice to you.
PROMOTIONS AND VOUCHERS
Pluggers may use vouchers or codes for promotional purposes from time to time. Unless otherwise specified on our Website, vouchers, codes or other promotions are:
in Australian Dollars;
not redeemable for cash;
a one-time offer off the total invoice amount;
may be limited to a certain product quantity;
only valid online;
not valid with any other offers, sales or promotions (unless otherwise stated); and
may have differing conditions pertaining to them.
From time to time, Pluggers Australia may invite you to become a VIP member. By expressing your interest to become a VIP, Pluggers may use your personal information to contact you from time to time and/ or send advertisements about events, products and services which we think you are likely to be interested in. It is the VIP’s responsibility to inform Pluggers Australia of any changes to personal details. Pluggers Australia accepts no responsibility for VIPs not receiving invites or any other promotional material, if incorrect details are provided, or Pluggers Australia are not notified of any change of detail. VIPs may wish to be taken off the mailing list at any time, without reason, by contacting us here or you can select the ‘unsubscribe’ link at the bottom of any email we send you.
RISK AND TITLE
The risk in any Product(s) passes to you on the date and time of delivery of the Product(s) to your delivery address. Title to a Product passes to you on the later of the time and date of payment for the Product, and delivery of that Products to the delivery address. Pluggers Australia will not be held responsible for any loss, damage or liability caused by its nominated delivery company in accordance with our Shipping terms.
COPYRIGHT AND INTELLECTUAL PROPERTY
The Website, each Product and all of the related products of Pluggers Australia are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Website content and compilation of the Website (including content, text, design, graphics, layout, look, appearance, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned, reserved, licensed or controlled by Pluggers Australia or its contributors.
Pluggers Australia retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright (together, the ‘Intellectual Property’) of Pluggers Australia; or
(b) the right to use or exploit any Intellectual Property; or
(c) a system or process that is the subject of Intellectual Property (or an adaptation or modification of such a system or process).
You may not, without the prior written permission Pluggers Australia and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for reuse or are in the public domain.
Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
You may print hard copies, or download to your local computer, extracts of the Content for the sole purpose of viewing and purchasing products from the Website but not for any other use, including commercial use.
PLUGGER’S ‘MAKE YOUR OWN’ ITEMS
Pluggers Australia may, in it’s sole discretion, refuse to print any requested text, symbol, graphic, photo or logo (each a ‘Print’) on a Product, if, in Pluggers Australia’s opinion, it deems such Print – defamatory, offensive, infringing, obscene, indecent, unlawful or objectionable. If we agree to print your Print, you expressly understand and agree that you are solely liable and responsible for any such Print and that Pluggers Australia shall not be liable to you or any other person for such Print.
Pluggers will deliver products in accordance with the Shipping terms, which forms part of these Terms. The Shipping terms can be viewed on the Website here. By accepting these Terms, you acknowledge and agree to the Shipping terms.
Pluggers will deliver, return or exchange products in accordance with the Returns Policy, which forms part of these Terms. The Returns Policy can be viewed on the Website here. By accepting these Terms, you acknowledge and agree to the Returns Policy.
You acknowledge that Pluggers Australia does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding any Product other than provided for pursuant to these Terms.
Pluggers Australia will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any terms, guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
Pluggers Australia will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee arising under the Australian Consumer Law), loss of profit or opportunity, or damage to goodwill arising out of or in connection with any Product, this Website or these Terms (including as a result of not being able to use the Website or the late supply of the Product), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and any Product (including delivery), is at your own risk. Everything on the Website and the Products are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the owners, affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Pluggers Australia (including any third party where delivery is made available to you) make any express or implied representation or warranty about its content or any product (including the Products) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, any Product and any other product or information (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website or any of the Products;
the content or operation in respect to links which are provided for your convenience;
any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
LIMITATION OF LIABILITY
Pluggers Australia’s total liability arising out of or in connection with the Website, a Product or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent purchase price paid by you under these Terms.
You expressly understand and agree that Pluggers Australia, its owners, affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
The Website may contain links to other websites on the internet that are owned and operated by third parties. You acknowledge that we are not responsible or liable for the operation of or content located on or through any such other website and that we make no representations or warranties in relation to those websites. You agree that access and use of the products and services made available at those websites is solely at your own risk.
You acknowledge that Pluggers Australia does not provide the delivery services relating to any Product to you and you agree that Pluggers Australia will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the delivery of a Product.
Pluggers may restrict or terminate your access to the Website, refuse to correspond with you and/or remove your details from the relevant database without prejudice to any other accrued rights and without prior notice to you where:
you have breached any provision of the Terms or intend to breach any provision or any applicable law or if your conduct impacts Pluggers Australia’s name or reputation or violates the rights of those of another party;
there is a regulatory or statutory change limiting the ability to provide access to the Website;
there is any event beyond the reasonable control of us preventing us from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures);
we consider in our sole discretion that you are abusing the Website or are otherwise acting in breach of any of the Terms;
any partner with whom Pluggers Australia offered the Products to you has terminated its relationship with Pluggers Australia or ceased to offer the Products;
Pluggers Australia is transitioning to no longer providing a Product or Products to users in the country in which you are resident or from which you use the Website; or
the provision of a Product or Products by Pluggers Australia is, in the opinion of Pluggers Australia, no longer commercially viable.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Pluggers have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify Pluggers Australia, its owners, affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
These terms and conditions are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Should you have any queries regarding these Terms please contact us here.
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