TERMS & CONDITIONS AGREEMENT OF SALE
Welcome to the Phillanne website. As our valued client (you) we ask you to take the time to read the following before you place your order.
These terms and conditions govern your use of this website, the purchase of any products offered on the Phillanne website, as well as Phillanne social media sites, such as Facebook, Instagram and Twitter are subject to these Terms and Conditions of Sale. Your use of this site or purchase from Phillanne indicates your understanding and acceptance of these terms and conditions to which you agree to be bound by.
If you are uncertain about any of the terms of the Agreement, please contact Phillanne before the completion of any purchase.
PROMOTIONS AND DISCOUNT CODES
Phillanne will occasionally offer discounts on purchase of products. In order to claim this discount, please enter the code during checkout within the ‘order summary’ page in the box marked ‘Discount Code’.
Only one discount code will work during checkout and cannot be used with any other offer. Discount codes are not applied to shipping costs. Discount codes cannot be applied after an order has been placed. Phillanne reserve the right to cease or pause any promotion at any time without notice.
ORDERING FROM THIS WEBSITE
All orders placed are subject to confirmation and acceptance by Phillanne.
To purchase products, you must provide accurate, true and correct information.
Phillanne does not allow or support resale or export of products purchased from this website. You agree when purchasing from this website that you are doing so for personal use only, and not for resale or export.
Phillanne reserves the right to make changes to these sites and these terms and conditions at any time without any prior notice and changes can be made effective immediately. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions of Sale.
Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. You agree to pay the price allocated to the products. You must pay all amounts due, without set off or deduction. If Phillanne discover an error in the price of any goods which you have ordered, or require further verification or information from you, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and have already paid for the goods, you will receive a full refund to the credit card or Paypal account with which you made your original purchase.
All orders are subject to availability and are sent via courier and are fully trackable; you will receive a confirmation email with details of your order. It is suggested that you provide a delivery address where a person will be available to accept your delivery between 9-5pm. You agree to provide the correct delivery address and hold Phillanne harmless from any error in this regard. Otherwise your parcel will be re-directed to the nearest post office / depot for collection. Phillanne may also need to deliver in instalments or through split orders, if some products are not available at the time of purchasing. All orders are dispatched by the next business day and delivered within 3-5 business days.
PRICES & PAYMENT
All prices listed on the site are in Australian dollars and are inclusive of any Australian Goods and Services Tax (as applicable).
The prices indicated may be changed at any time without advance notice. However, the products shall be charged at the rate in force when your order was validated.
Accepted payments include credit cards (Visa, Mastercard, American Express) and PayPal. Where you pay by credit card, you warrant that you have the necessary rights to use the credit card and that you are fully authorised to use it to pay for the order. We currently use Stripe and/or PayPal to ensure that your information is kept safe when you pay by credit card. You also warrant that this card gives access to sufficient funds corresponding to the amount of the order. Failing this, Phillanne reserves the right to cancel the sale accordingly.
Phillanne is under no obligation to ship any goods ordered until payment for those goods has been received.
USE OF PRODUCTS
Upon your purchase of the products, you agree to use the products only for their intended purpose and strictly in accordance with their instructions, precautions and guidelines. Any other use will cause you to assume full responsibility for any loss or damage arising out of their use.
You should always check the ingredients for products to avoid potential allergic reactions.
We give no warranty and make no representation, express or implied, as to the suitability, adequacy or appropriateness of the products for you or the merchantability or fitness of the products for a particular purpose.
If any minor uses any product purchased through the site it should be only after the parent or legal guardian has discussed the product with the minor's doctor.
Goods under warranty cover will be replaced or repaired by the manufacturer.
All warranties are voided if returned product is found in any way to be mishandled, modified, tampered, abused, physically damaged.
CONCLUSION OF TRANSACTION
The agreement for sale is concluded only when goods are handled over to the designated carrier.
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products and specifications without notice.
Images displayed on this website should be regarded as illustrative and informational purpose only. The actual products may not be identical to the images.
APPLICABLE LAW AND JURISDICTION
All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the state of Victoria. By purchasing products through this site you submit to the jurisdiction of the courts of Victoria, Australia and Australia and agree that any legal action will only be commenced in these forums.
You agree to comply with the law when using this website or purchasing our products.
The products, the social media pages, the Website and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the Website and/or our social media accounts, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, ‘Our Content’) are the property of us and are protected by Australian and international copyright laws.
You agree that Phillanne owns all intellectual property rights in relation to Our Content which arise by operation of legislation, common law or equity, and which includes, but is not limited to the trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, products, services, brands and services, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.
You agree and acknowledge that you have no rights in Our Content and, except where expressly stated otherwise, you agree not to copy, modify, publish, transmit or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of Our Content, whether in whole or in part, and you agree to indemnify us for any breach in this regard.
If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Phillanne’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
You agree that we are not liable for any breach of our obligations to you in the event of an act, event or cause, either direct or indirect, that occurs which is beyond our reasonable control, for example, a strike.
Effective as at February 2020