1. This agreement is between us, Platypus Fire Pty Ltd trading as Platypus Fire (ABN 22 159 992 355) (‘us’, ‘our’, ‘we’) and you, the individual purchasing goods through our online store (‘you’, ‘your’).
2. These terms also incorporate our Website Terms of Use, available on our website. These terms shall prevail to the extent of any inconsistency between these terms and the Website Terms of Use.
3. Please make sure you take a moment to carefully read these terms and conditions as they apply to all purchases of our goods and can only be waived or changed in writing by us.
4. If you have any questions or feel that something we’ve talked about hasn’t been included here, please let us know before you sign.
5. This agreement will start when you accept it and we’ve confirmed your acceptance and will continue until the parties’ obligations under this agreement has been discharged, unless or until terminated earlier in accordance with these terms.
6. You understand and agree that this agreement only applies to the sale of our goods to individuals, not to businesses.
7. By proceeding to place an order with us, you’re telling us that you’ve read, understood and accepted these terms.
eCommerce
8. While we take every care to make sure our online store on our website located at https://platypussprinkler.com/ is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error).
9. Please note that when you submit an order through the website, no agreement is formed until we process and accept your order and send you a confirmation. 10. If there’s been a technical error leading to your order, we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price).
Fees and Payments
11. You agree to pay us the price listed on our website (subject of course to the proviso above, in the case of accidental errors and omissions) to purchase our products.
12. You acknowledge and agree that your payment in full in cleared funds (including any postage fees) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately.
13. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges.
14.Unless otherwise stated, all prices are in AUD and exclude GST. 15. We currently accept payment via any method available on our website, which may change from time to time.
16. We may change our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our website.
17. Price changes won’t apply to orders that have already been confirmed by us. 18. Please note that if we suspect suspicious or fraudulent activity in making the order (for example, unauthorised use of a credit card), we may refuse to accept the order and deny acceptance of your payment.
Third party processing
19. In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor (such as Shopify), which are available on their respective websites.
20. You understand that these services are provided by third parties and are made available to you on our website for convenience only.
21. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our website, please contact them directly.
Gift Cards and Vouchers
22. Gift cards and vouchers can only be used to purchase products from our website and cannot be transferred or redeemed for cash (except where required by law). 23. Each gift card or voucher is valid for a period of 3 years from the date of issue, unless stated otherwise on the card/voucher.
24. Lost, stolen, or damaged gift cards/vouchers will not be replaced or refunded. 25. Gift cards and vouchers are treated like cash—please keep them safe. 26. Any unused balance after the expiry date will not be refunded or credited.
Promotions and Discount Codes
27. From time to time, we may run promotions or o?er discount codes. These o?ers are subject to the terms set out at the time of the promotion.
28. Promotions and discount codes:
a. cannot be used in conjunction with any other o?er, unless stated otherwise;
b. are not transferable or redeemable for cash;
c. must be used before the stated expiry date (or for 7 days from the date of the o?er, if no expiry is stated); and
d. may be limited to certain products, collections, or order values. 29. We reserve the right to cancel or withdraw a promotion or discount code at any time if we reasonably believe it is being misused.
Postage and delivery
30. We use Australia Post and or 3rd party carriers to help us get our product to you within Australia.
Rates
31. You agree to pay to us postage fees as calculated at checkout. You acknowledge that you will also be charged for any applicable local custom fees and that these are your responsibility.
32. We reserve the right to make changes to our shipping policy at any time. Changes won’t be applied to orders that have already been confirmed.
33. As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).
34. Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the website.
Dispatch Times
We endeavour to process all orders within 2-5 business days of receipt of payment. Once an order is processed, we’ll do our best to dispatch orders to our delivery service partner within 2-3 business days of order notification.
35. We ask for your patience as this handling period may vary, for example, if we have a high volume of orders. You acknowledge that we’re not liable for any delay in dispatch of your order.
Delivery timeframes
36.Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. We o?er standard and express post shipping.
37. As a guide, you may expect to receive your standard shipping orders within 2-6 business days after dispatch and 1-2 days with express post-delivery. Of course, these estimates may vary during peak times, such as Christmas.
38. Please feel free to consult us for indicative delivery times to your delivery address, at info@platypussprinkler.com.au .
Delivery address
39. It’s your responsibility to make sure that your email and postal address details are correct. We won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details.
40. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund (less delivery fees) in accordance with this agreement.
Orders lost in transit
41. We make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
Orders from Outside Australia
42. If you order products from outside Australia, please be aware:
a. Import duties and taxes: You are responsible for paying any customs duties, taxes, or import fees that may apply in your country. These are not included in our prices or shipping costs.
b. Customs clearance: We can’t control or influence how long your local customs o?ice takes to process your order. This may cause delivery delays that are outside our control.
c. Compliance with local laws: You are responsible for making sure that the products you order can be lawfully imported into your country and that you comply with all laws and regulations where you live.
Risk
43.Risk in each order passes to you on delivery to your nominated address or, in the case of international orders, when the products leave Australia (except where we are required by law to take responsibility beyond this). This means that once the delivery has occurred, we won’t be responsible for any damage that occurs to the product once it’s been delivered. For example:
a. if you leave it in the sun and it melts, we won’t be responsible;
b. if you drop it and damage occurs, we won’t be responsible; or
c. if you use our products other than in accordance with our instructions, we won’t be responsible.
44. You must sign for your delivery unless you’ve given authority to leave it unattended. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address.
45. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.
46. If tracking indicates that a product was lost in transit, you may make a written claim for a refund or replacement in accordance with these terms. 47. For products lost in transit, all claims must be submitted no later than 15 days after the estimated delivery date. All such claims are subject to our investigation and sole discretion.
48. If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.
Safety and use of our products
49. You must follow our instructions regarding the correct and safe use of the products.
50. You’re responsible to ensure that you use our products in a safe way. 51. We won’t be responsible for any loss or damage in relation to the improper use of our products.
Advice and Information
52. We may give you advice, recommendations, information, or assistance in relation to our products, their use or application on our website. We give that information to you in good faith, believing it’s accurate, appropriate, and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability.
53. Information and advice we give is general in nature and is not intended to constitute or substitute for professional advice.
54. We won’t accept any liability or responsibility (including liability for negligence) for any loss su?ered because of your or any other person’s reliance on information or advice we provide on our website, unless otherwise required by law.
Not for Resale
55. You are not permitted to resale, reproduce or reverse engineer any of our products.
Intellectual Property
56. All our content (including our website content) is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, we own or control all intellectual property rights in our products and services, including our website.
57. You acknowledge and agree that all intellectual property owned by us or to which we are entitled before and after this agreement with you is formed will remain our sole property and that nothing in this agreement transfers any ownership in the intellectual property to you.
58. You are expressly prohibited from using our products and content (including social media posts and website) to compete with us.
59. In addition to any other rights that we have at law, and to the maximum extent permitted by law, you agree to indemnify us on a full indemnity basis for any breach of this clause including for any costs we incur in seeking legal advice on the breach and in taking legal proceedings against you.
60. This clause survives termination of this agreement.
Promotion
61. We love it when you post about our products on social media. If you do share images or videos (or any other depiction whatsoever) of our products on your social media (“Posts”), you provide to us your express and unconditional consent to share your Posts on our social media.
62. We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your Posts.
63. If you post on our social media (for example, to leave us a review), you give us permission to use and reproduce your name, photograph or likeness and your copy to promote our business, including on our website.
Ending or suspending this agreement
64. We may, at any time, suspend or cancel your order (and refund you for any products you’ve paid for but not received) if:
a. you do not pay us on time;
b. you seriously breach these terms; or
c. we are unable to supply the products for reasons outside our control. What happens when it ends?
65. All disclaimers, indemnities, exclusions, limitations of liability, and clauses intended to survive termination will survive termination.
66. Any accrued rights or remedies to which either party is entitled will not be a?ected.
Refunds
67. We do not o?er refunds for change of mind.
68. Nothing in this clause a?ects your rights under the Australian Consumer Law, including your right to a repair, replacement or refund if a product is faulty, not as described, or otherwise does not meet a consumer guarantee.
69. We provide refunds in accordance with our obligations under the Australian Consumer Law (ACL). If you believe that you have a claim under the ACL, or you would like to discuss our refund policy, please email us at
info@platypussprinkler.com.au . You must provide proof of purchase. Limitation of Liability
70. To the maximum extent permitted by law, we exclude all liability to you and any other person arising out of this agreement and any purchase of a product on our website.
71. Nothing in this clause a?ects your rights under the Australian Consumer Law, including your right to a repair, replacement or refund if a product is faulty, not as described, or otherwise does not meet a consumer guarantee.
72. To the maximum extent permitted by law, we will not be liable to you for any indirect, consequential, special or incidental damages, including but not limited to loss of profits, loss of revenue, loss of business opportunity, or loss of data, arising out of or in connection with the performance or non-performance of this agreement, even if we have been advised of the possibility of such damages.
73. The limitations and exclusions of liability set out in this clause will not apply to the extent that any liability can’t be excluded or limited by law, including but not limited to liability under the ACL for failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law (ACL). 74. This clause survives termination of this agreement.
No warranties or guarantees
75. We make no warranties or representations in relation to the website or the goods and services.
76. All implied warranties (except for any statutory warranties which we cannot exclude) and conditions are expressly excluded to the fullest extent permitted by law.
77. This clause survives termination of this agreement.
Dispute Resolution
78. If we disagree about something that relates to this agreement, we both agree not to go straight to court or a tribunal unless we need urgent relief, like an interlocutory order.
79. We agree to follow the steps set out in this clause first.
80. First, the party with the issue needs to tell the other person about the issue in writing so they understand what the problem is. This written notice needs to include the outcome that the person with the issue wants and the action they think the other person needs to take to settle the issue.
81. Once the other person receives the notice of the issue, both parties agree to do their best to try and resolve the issue together within 20 business days. 82. If a dispute is declared, any communications between us are confidential and should be treated as ‘without prejudice’ negotiations for the purpose of evidence law. This means that neither of us can use these communications if we go to court.
Mediation
83. If we can’t resolve the issue on our own, we agree to select an independent mediator to help us work through the problem. We have up to 7 business days to select a mediator together.
84. If we can’t agree on a mediator, then we both agree to ask the President of the Law Society in VIC to appoint a mediator for us.
85. If we must mediate, we agree to attend virtual mediation whenever possible, or else to go to mediation in VIC and split the fees equally between us. 86. This clause survives termination of this agreement.
General
87. Time is of the essence in this agreement, except in relation to dispatch and delivery dates. No extension or variation of this agreement will operate as a waiver of this provision.
88. If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement remains in force.
89. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or any party of it. 90. Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a di?erent kind.
91. A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:
a. delivered personally; or
b. posted to their address, when it will be treated as having been received on the second business day after posting; or
c. sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.
92. Force Majeure:
a. neither party has any liability under or may be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from a Force Majeure Event;
b. the party a?ected by these circumstances must promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so; and
c. if such circumstances continue for a continuous period of more than 3 months, either party may terminate this agreement by written notice to the other Party.
93. Headings are just for convenience, not for interpretation.
94.Dates and times set out in this agreement are in reference to Melbourne, VIC, Australia.
95.Clauses relating to intellectual property, limitation of liability, warranties and any other clauses which by their nature should survive termination, will survive the termination of this agreement.
96. The law of VIC governs this agreement, and the parties submit to the non exclusive jurisdiction of the courts of VIC.
Definitions
97. Australian Consumer Law (ACL) means: Schedule 2 of the Competition and Consumer Act 2010 (Cth).
98. Force Majeure Event means: any occurrence or omission as a direct or indirect result of which the party relying on it is prevented from or delayed in performing any of its obligations under this agreement and which is beyond the reasonable control of that party and could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
99. Intellectual Property means: any works or materials to which Intellectual Property Rights attach.
100. Intellectual Property Rights means: means all Intellectual Property Rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing o? and rights to use, and protect the confidentiality of, Confidential Information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration, as well as all digital and electronic rights.