TERMS OF SALE OF PRODUCT ON AU.PUMA.COM
Updated April 29th 2021
These Terms of Sale form a contract between the customer (you) and Puma Australia Pty Ltd ABN 52 050 539 501 (hereinafter “Puma”, “we”, “us” or “our”, where appropriate) and apply to the ordering, purchase, fulfilment and delivery of product from the online store (“PUMA ONLINE”) at this website au.puma.com
If you do not understand these Terms of Sale or if you have any questions, please contact our Customer Support and a representative will be happy to assist you. The Customer Support operates on Monday to Friday (excluding public holidays in Melbourne, Australia) from 9.00am until 5.00pm (Melbourne, Australia local time).
The contact phone numbers for our Customer Support is: 1800 185 675
or contact us via email: firstname.lastname@example.org
1.1 The following definitions are used in these Terms of Sale.
Business Day: means a week day in which trading banks are open for the transaction of banking business in Melbourne, Victoria, Australia.
Delivery Address: means the physical address to which the product are to be delivered as stated on the electronic order form on this Website.
Delivery Agent: means any nominated third party delivery or shipping company for Puma.
Delivery Fee: means the fees charged for the delivery of product.
Puma Retail Store: means a physical (not online) retail outlet trading under the name Puma and listed as a "Puma Store"
GST: has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999.
Order: means a request by you to purchase product from Puma in accordance with these Terms of Sale.
Personal Information: has the meaning as defined under the Privacy Act 1988 (Cth).
Price: means the purchase price of each product as specified on this Website in Australian dollars (AUD$).
Returns Policy: means the Puma’s returns policy found on this Website.
Tax: means any product and services tax, value added tax, or other taxes, duties, tariffs, or other imposts or charges which may be payable in relation to your Order.
Terms of Sale: means these terms of sale, as amended from time to time.
Website: means www.au.puma.com.
You or Your: means you as the purchaser of product from Puma pursuant to these Terms of Sale.
- COMPLIANCE WITH TERMS OF SALE
2.1 You agree to be bound by these Terms of Sale when you submit an Order.
2.2 Each Order you submit (and if subsequently accepted by Puma) will be a separate and binding agreement between you and Puma with respect to the supply of product, in accordance with these Terms of Sale.
- PLACING ORDERS FOR PRODUCT
3.1 You may place an Order through this Website by submitting the electronic order form on this Website.
3.2 An Order submitted by you on this Website in the manner described on this Website is an offer by you to purchase product for the Price as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent. If we have not accepted an Order within five (5) Business Days after the placement of the Order, you may withdraw the Order by contacting Customer Support.
3.3 You acknowledge that all Orders through this Website are with respect to product intended for personal and domestic and non-commercial use only, and quantity restrictions may apply as set out on this Website from time to time.
3.4 In completing the electronic order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Puma will not be liable to you for your loss or that of any third party, or for a delay or failure to process, fulfil or deliver product to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, Puma is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to Puma. Where relevant, you agree to obtain consent from the recipient of a gift when providing their personal details to Puma.
3.5 You may only order from Puma if you are aged 18 years or over, and have an active email account and a telephone number at which you can be easily contacted.
3.6 You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the product in your Order may only be made by agreement unless otherwise required by law. However, we will allow you to return product in accordance with the Returns Policy.
3.7 Where you place consecutive or separate Orders for product, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7. Subject to clause 3.3, you can order as many products as you would like in an Order up to the total order value of AUD$1,000.00 (excl Tax).
3.8 You will be provided with an automatic order number upon submission of your Order to this Website. The order number is required when contacting our Customer Support for identification purposes.
- ACCEPTANCE AND REJECTION OF ORDERS
4.1 Puma reserves the right to accept or reject your Order for any reason.
4.2 When we accept an Order, it represents an agreement by Puma to supply you the product in accordance with the Order and these Terms of Sale.
4.3 In the event that we reject an Order, we will make reasonable endeavours to notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. Puma will not be liable to you for your loss or that of any third party for the rejection of an Order or for any delay due to force majeure, late in transmission, system failure or cyberattack and other circumstances beyond our control.
4.4 Where we reject an Order and your payment for the product has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Puma is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms of Sale using the contact details you provide during the order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.
- AVAILABILITY OF PRODUCT
5.1 You acknowledge and agree that from time to time, some products on this Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Puma will contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Puma is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2 We reserve the right to withdraw or suspend any product displayed on this Website from sale either temporarily or permanently at any time without notice to you. Puma will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular product.
5.3 Where your Order is affected by an error on this Website (for example, in relation to a description of product, an image, price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Puma will proceed to fulfil the remainder of your Order in accordance with these Terms of Sale. If you are not satisfied with the partial fulfilment of your Order, you can return your entire Order to us as an order that has been incorrectly delivered in accordance with the Returns Policy.
5.4 You acknowledge and agree that:
- a) all pictures and images of product displayed on this Website are for illustration purposes only, and the sizes and dimensions of product may differ in real life;
- b) you have read any corresponding written description of the product prior to submitting your Order;
- c) the colour of product as shown on this Website may vary slightly in shade in real life;
- d) where we provide sizing or other measurements in the descriptions of a product (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
- e) any accessory featured with the product is for illustration purposes only, unless otherwise specified.
- PRICE AND PAYMENT
6.1 The price in respect of a product is specified on this Website.
6.2 Prices are displayed in Australian Dollars. Where you access this Website from an IP address located within Australia, prices displayed will include GST.
6.3 Puma reserves the right to change or alter prices of product on this Website without notice to you, unless you have already submitted an Order at a stipulated price, in which case there will be no change or alteration in the price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply).
6.4 In respect of any Order, we will charge you and you agree to pay:
- a) the Price (which is the price at the time the Order is submitted in Australian Dollars); and
- b) the Delivery Fee (if any).
6.5 You can pay for your product by any of the methods specified on the electronic order form on this Website from time to time, which includes but are not limited to credit or debit card or Pay Pal. When paying by credit or debit card, you authorise Puma to debit your nominated card at the time you submit your Order. The name on the credit or debit card used for the payment must match the name on the order.
6.6 You acknowledge and agree that any payment in respect of an Order must be cleared by Puma before the Order will be dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms of Sale and you will be notified of this on this Website. In relation to credit or debit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit or debit card, or use an alternative payment method in order to continue with your Order.
6.7 In paying or attempting to pay for the product, you agree that you have not engaged in any fraudulent conduct or contravened any law.
6.8 You will receive an invoice by email once payment in respect of your Order has been processed.
6.9 Puma uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
7.1 Puma uses a Delivery Agent to deliver your Order to the physical Delivery Address advised by you in your Order. You agree to your details including your Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Order.
7.2 Where applicable, you should refer to the shipping options section of this Website for the applicable Delivery Fee for the product(s) purchased pursuant to your Order.
7.3 Where applicable, indicative delivery time frames may be set out in the shipping options section of this Website.
7.4 You acknowledge and agree that notwithstanding anything else stated on this Website:
- a) Puma cannot guarantee that delivery will occur in the stated delivery time frames;
- b) delivery time frames may change from time to time due to unforeseen circumstances; and
- c) except where required by applicable law, Puma is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.5 Delivery of product will take place at the Delivery Address specified by you during the order process. You will need to submit separate Orders for product where you require multiple delivery destinations.
7.6 If we are unable to deliver your product to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you where the product have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card to obtain your product purchased pursuant to the Order.
7.8 Where you do not collect your product from the place or location specified on the calling card within 10 Business Days of a failed delivery to the Delivery Address, you must contact our Customer Support using the details provided at the start of these Terms of Sale for further information with respect to claiming your Order delivered for collection by you. If Orders are required to be redelivered, you may be required to pay any associated additional fees for redelivery.
7.9 Upon delivery, you must inspect your Order and check that the product delivered matches your Order. If there is obvious damage to the product due to transit, you must contact our Customer Support as soon as practicable using the details provided at the start of these Terms of Sale to obtain a substitute product or refund in accordance with our Returns Policy. If the products are not as ordered, you may return the product to us in accordance with the Returns Policy. If products are missing from your Order, you may call our Customer Support, or return the Order in accordance with the Returns Policy. You should let us know about any defective, damaged, missing and incorrect product as soon as possible. Any product replaced under the Returns Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge.
- RISK AND TITLE
8.1 Risk and title in the product passes to you when delivered in accordance with clause 7.
- ORDER CANCELLATIONS AND RETURNS
9.1 Unless provided for under these Terms of Sale, no cancellations or changes to Orders will be accepted, and the product will be delivered to the stated Delivery Address in accordance with these Terms of Sale. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return faulty or incorrectly delivered product in accordance with the Returns Policy.
9.3 It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Puma is required to comply with all such credit card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
9.4 The Returns Policy and this clause 9 apply in addition to any non-excludable rights or remedies you have under consumer protection law. See clause 14.1 for more details.
- PROMOTIONS AND DISCOUNTS
10.1 PUMA ONLINE’s offers and promotions may only be used at this Website and do not apply to purchases at any Puma Retail Store or other online or retail outlets. You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping at PUMA ONLINE. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Some specific terms and conditions will apply to the use of the offer or promotion in addition to these Terms of Sale. Please read these carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offers. Any price reduction offers apply to the original price of full priced items.
11.1 Respecting your Personal Information is very important to us.
- WARRANTIES YOU MAKE TO PUMA
13.1 You represent and warrant to Puma that:
- a) all information (including Personal Information) and data provided by you to us through this Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Puma;
- b) any nominated representative receiving the product on your behalf at the Delivery Address is duly authorised by you to do so;
- c) you are over the age of 18;
- d) in placing your Order, you have read and agree to these Terms of Sale; and
- e) in placing your Order, you have complied with all applicable laws.
- PUMA’S LIABILITY TO YOU
14.1 You may have certain rights and remedies under consumer protection law or other laws that cannot be excluded, including all statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth). Despite any other term in these Terms of Sale, any limitations or exclusions on Puma's liability to you are subject to those non-excludable rights and remedies and only apply to the maximum extent permitted by law.
14.2 Subject always to clause 14.1, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect, special, incidental or consequential loss, loss of revenue, profits, anticipated savings, product will or business opportunity, injury to your reputation) in contract, tort (including negligence), under statute or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through this Website.
14.3 Subject always to clause 14.1, Puma excludes all implied terms and warranties whether statutory or otherwise, relating to this Website or the subject matter of these Terms of Sale.
14.4 Our liability to you for loss or damage of any kind arising out of these Terms of Sale will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
15.1 We reserve the right to change these Terms of Sale at any time. The revised Terms of Sale will be published on this Website. We recommend that you regularly check this Website to see when these Terms of Sale were last updated and make yourself familiar with any changes. Any amendments will apply from the date the revised Terms of Sale are published.
16.1 If any provision of these Terms of Sale is found to be invalid or unenforceable, the provision will be deemed severed from the Terms of Sale and the remainder of the terms will continue in full force and effect.
16.2 Any failure by us to enforce strict performance of any of these Terms of Sale will not be construed as a waiver of any of our rights or remedies in respect of any existing or subsequent breach of the Terms of Sale.
16.3 We may give notices to you via the details you provided when placing an Order or otherwise to us. You may give notice to us by emailing our Customer Support at email@example.com.
16.4 These Terms of Sale are governed by and are to be construed in accordance with the laws applicable in Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.