TERMS AND CONDITIONS
These Terms and Conditions govern the use of the ENA PELLY website (Website).
By using the Website you are accepting and agreeing to these Terms and Conditions. You must not use the Website if you do not agree to these Terms and Conditions.
ENA PELLY GROUP Pty Ltd (“we”, “us”, “our” or “ENA PELLY”) reserves the right to change these Terms and Conditions at any time without notifying you.
It is your responsibility to regularly check these Terms and Conditions for any changes. Continued use of the Website will be taken as your acceptance of those changes. The Website and its content are provided for your personal use only and must not be used for any public or commercial purpose.
These Terms and Conditions are governed by the laws of Australia.
MISUSE OF THE ENA PELLY WEBSITE
When using the Website, you must not:
- post the private details of another person or entity;
- impersonate or imitate another person or entity;
- restrict or inhibit another person from using or enjoying the Website;
- use the Website in a manner or for any purpose which is unlawful or contrary to these Terms and Conditions;
- exploit the copyright, trademark or intellectual property rights of ENA PELLY or a third party, unless the prior written consent of ENA PELLY or the relevant third party has been obtained;
- upload, post, email, transmit or otherwise make available any software that may contain a virus or other information that is designed to interrupt, destroy, disrupt, corrupt or limit the operation of the Website, its servers, software, hardware or equipment; or
- engage in any activity which is likely to cause interference, harm or disruption to the Website, its servers, software, hardware or equipment.
Please report any breach of these Terms and Conditions to our customer service team via email at firstname.lastname@example.org.
CREATING AN ACCOUNT
When you access the Website, you may create an online account with us and provide us with personal details.
To place an order on the Website, you will need to provide us with personal details.
In either case, it is very important that any personal details you provide are complete, true and up to date.
Please let us know if your personal details change or are recorded incorrectly and we will promptly update them.
If you create an online account with us, you will need to create a password to access your online account. Your password must be unique and kept secure and private at all times. Please let us know immediately if you believe or suspect there to have been a breach of security or any unauthorised use of your account.
All orders will be accepted at ENA PELLY’s sole discretion.
When you submit an order on the Website, this constitutes your legally binding offer to purchase merchandise.
If we accept your order, you will be sent an Order Confirmation email specific to your purchase. If we do not accept your order we will notify you via email. All orders are subject to ENA PELLY's approval and the availability of merchandise. ENA PELLY may place a limit on the quantity of merchandise that can be ordered on the Website.
We may at our sole discretion cancel your order any time prior to shipping, for example if the merchandise ordered becomes unavailable. We will promptly refund the full purchase price of that order to you. You can read ENA PELLY’s Returns and Delivery Policy, via this link.
All orders are priced in Australian dollars and include GST.
All prices quoted on the Website exclude postage and handling costs. You will be charged extra for postage and handling. You will be notified of these extra costs at the time you place your order.
Prices quoted on the Website are subject to change at our sole discretion without notice.
If the price of merchandise is reduced after you place an order, ENA PELLY will not offer a subsequent price adjustment. The relevant price of merchandise is the price at the time you place your order.
CANCELLATION OF ORDERS
To the maximum extent permitted by the law, ENA PELLY may cancel or refuse to accept an order at any time, without liability.
If we cancel an order after you have made a payment, we will refund that payment to you in full.
PAYMENT OF ORDERS
You must provide complete, true and up to date payment and billing details.
When you place an order on the Website, you authorise ENA PELLY to deduct payments from the credit card you provide.
You must be the authorised holder of the credit card or be authorised to use the credit card in order to have payment details authorised and processed.
ENA PELLY can refuse to authorise and process an order if, in our absolute discretion, we believe this is necessary. ENA PELLY may request credit, anti-fraud and identity checks if we believe this is necessary.
If ENA PELLY cannot charge payment to your credit card or if a payment is declined or returned for any reason, ENA PELLY may in our absolute discretion suspend or cancel your order.
If ENA PELLY is charged a fee for processing your credit card by your bank or financial institution, you will be liable for these charges. ENA PELLY will notify you of these charges if they apply.
ENA PELLY uses SecurePay to offer secure payment systems to protect you in accordance with best industry practice.
While ENA PELLY takes all reasonable steps to ensure your personal information remains secure, it is impossible for ENA PELLY to completely guarantee that the transmission of data over the Internet will be totally secure at all times.
DISPATCH AND DELIVERY OF ORDERS
If ENA PELLY has accepted your order and payment has been authorised and processed, the merchandise purchased will be promptly delivered to you. You can read ENA PELLY’s Returns and Delivery Policy, via this link.
During busy sale periods there may be a delay in dispatching your order due to an increase in order volumes.
To the maximum extent permitted by the law, ENA PELLY accepts no responsibility or liability for undelivered merchandise.
To the maximum extent permitted by the law, ENA PELLY accepts no responsibility or liability if merchandise is returned to the ENA PELLY warehouse or if there is a delay in delivery which is beyond our reasonable control.
Title to the merchandise and the risk of loss or damage to the merchandise passes to you upon receiving delivery of the merchandise from the postal or courier service used by ENA PELLY.
RIGHTS UNDER AUSTRALIAN LAW
Australian law, including the Australian Consumer Law, provides you with certain rights in respect of your order that cannot be excluded by these Terms and Conditions, including that your products must be of acceptable quality, reasonably fit for the purpose that we represent they will be fit for, and that the products will correspond with any relevant description.
Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law, including the Australian Consumer Law, which cannot by law be excluded, restricted or modified.
COPYRIGHT/INTELLECTUAL PROPERTY RIGHTS
The Website, its content, layout and design together with any trade mark, name, logo, photograph, image, code, text, data, graphic, software or other identifying mark appearing on the Website (Website IP), may only be used for your personal reference, and may not otherwise be copied, reproduced, used, stored, published, altered, licensed, downloaded or transmitted in any form or by any other means in whole or part, without the prior written consent of ENA PELLY.
The Website IP is the property of ENA PELLY or a third party who has contributed to the Website.
Nothing on the Website or in these Terms and Conditions should be construed as conferring a licence or right to use the Website IP unless the prior written consent of ENA PELLY or the necessary third party has been obtained.
DEALINGS WITH THIRD PARTIES
The Website may contain a link or pointer to an Internet website operated by a third party.
These links are provided for your information and convenience only, and the inclusion of a link does not constitute an endorsement by ENA PELLY of a third-party website.
ENA PELLY makes no representation in relation to, and is not responsible for the content, products, services or security of any website operated by a third party. You link to the website of a third party at your own risk.
ENA PELLY is not responsible for any loss or damage deriving from the use, content, products, services or security of a website operated by a third party.
ENA PELLY is not bound by any dealing that you may enter into with a third party. The terms and conditions of a third party website govern any dealing you may have with that third party. If there is an inconsistency between these Terms and Conditions and the terms and conditions of a third-party website, these Terms and Conditions will apply.
ENA PELLY encourages you to learn about the privacy practices and policies of a third party before linking to its website and/or providing personal information pursuant to the use of that website.
WEBSITE IS “AS IS”
Use of the Website is on an “as is” and “as available” basis.
Use of the Website is at your own risk.
ENA PELLY does not warrant or guarantee that the Website is accurate, correct, secure, reliable, timely, complete, adequate for any purpose or that it will remain uninterrupted or virus free.
To the maximum extent permitted by the law, ENA PELLY is not liable for any error or omission in the information on the Website.
ENA PELLY may modify, discontinue, interrupt, suspend or limit the use of the Website at any time when we believe it is reasonably necessary to do so. To the maximum extent permitted by the law, ENA PELLY is not liable for any modification, discontinuance, interruption, suspension or other limitation of the Website.
Any material downloaded or otherwise obtained through the Website is done so at your own risk and discretion. ENA PELLY is not responsible in any way for any damage to your computer or network that may result.
FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS
If you fail to comply with these Terms and Conditions as amended from time to time, ENA PELLY may without limitation, in our absolute discretion and without notice:
- suspend or terminate your access to the Website; or
- take legal action where necessary.
To the maximum extent permitted by the law and subject to the ENA PELLY Returns and Delivery Policy:
- ENA PELLY expressly disclaims all representations and warranties of any kind contained on the Website, unless otherwise stated.
- ENA PELLY is not liable for any loss, damage, cost, expense, liability, action, claim, judgment or penalty whatsoever arising directly or indirectly as a result of or in connection with:
- your use of the Website;
- your inability to use the Website for whatever reason;
- the deletion, correction, destruction, damage, loss or failure to store or retain information;
- any unauthorised access to the Website;
- the transmission of any virus onto your computer;
- the unauthorised alteration of data or transmissions;
- any other matter relating to the ENA PELLY website; and
- any breach of these Terms and Conditions by you.
You agree to indemnify and hold ENA PELLY harmless against any loss, damage, cost, expense, liability, action, claim, judgment or penalty suffered by ENA PELLY arising directly or indirectly as a result of or in connection with:
- a breach of these Terms and Conditions by you;
- your access to or use of the Website; or
- a breach of Australian and/or International intellectual property laws by you.
If any part of these Terms and Conditions is found to be invalid or unenforceable, the remainder of the Terms and Conditions will continue to apply.
If you have any queries or would like more information about these Terms and Conditions please contact our customer service team via email at email@example.com.