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General Terms and Conditions

 

  1. IN GENERAL

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

  1. PRIVACY POLICY

These Terms of Service incorporate our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

  1. PROHIBITIONS

You must not misuse this Website. You will not:

  • Commit or encourage a criminal offense;
  • Transmit or distribute a virus, trojan, worm, logic bomb, or post any other material that is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene;
  • Hack into any aspect of the Service;
  • Corrupt data;
  • Cause annoyance to other users;
  • Infringe upon the rights of any other person's proprietary rights;
  • Send any unsolicited advertising or promotional material, commonly referred to as "spam";
  • Attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

  1. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content, including the Peter Jackson brands and all other trademarks, trade names, and logos made available to you on or through this Website, remain the property of Peter Jackson or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Peter Jackson and its licensors.

You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appear on this Website, nor may you use any such content in connection with any business or commercial enterprise.

  1. WEBSITE CONTENT

While we do our best, we cannot guarantee that images on our website exactly represent actual products or their packaging. In particular, the colours shown on the website may not exactly represent the colours of our products because the colours you see on the website depend on the colour reproduction on your computer or mobile device.

Information on this website is subject to change without notice.

All images, trademarks, logos, text, graphics and other content appearing on this website are the property of their respective owners and are protected by copyright, trade mark and other intellectual property laws. The use of any of Peter Jacksons’s trademarks is strictly prohibited unless we provide prior written consent.

The inclusion of any hyperlinks to third party websites does not imply Peter Jackson’s endorsement or approval of such third parties, their websites or their businesses or other activities.

Unless otherwise indicated, copyright in the information on this website is owned by or licensed to Peter Jackson. This website or any portion of this website may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose except where necessary for viewing this website on your Internet browser, or where specifically authorised by law or in writing by Peter Jackson.

 

  1. TERMS OF SALE

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

5.A.1 Our Contract

When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until we have conducted any verification (see 5.C.1 below) that may be necessary for your order, your payment has been approved by us, and we have debited your credit or debit card.

5.B.1. Pricing and Availability

Whilst we try and ensure that all details, descriptions, and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered 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 you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

5.B.2. Pricing and Availability

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies, or out-of-date information regarding pricing, shipping, payment terms, or return policies.

5.C.1. Verification Process

For security purposes, we may require additional verification or information to enable us to complete your order. We may ask you to supply the following information:

  • A copy of your photographic driver’s license verifying your identity and billing address.
  • If the billing address differs from the address specified on your license, proof of address will be required in the form of a bank statement or other relevant documentation.
  • Other relevant documentation requested by our Online Team.

5.D.1. Payment

Upon receiving your order, we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed.

Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website.

5.D.2. Payment

The conditions of use relating to any discount code will be specified at the time of issue.

5.E.1. Gift Cards

Gift cards may be physical cards sent in the mail or digital cards that are sent in an email. Gift cards are issued in Australian dollars and are redeemable in Australian stores and on the Australian website. They are not redeemable for cash. No change will be given for a purchase made with a gift card. Physical cards are intended to be redeemed in a physical store and digital cards are intended to be redeemed online. In the event a card is not being used for its intended purpose, you are required to contact us at info@peterjacksons.com to activate it for use. The gift card expires twelve months from the date of issue (or date of purchase for E-Gift Cards). Gift cards are partially redeemable and it is up to the cardholder to use the full value within the validity period. Any unused balance will not be refunded or credited when the card expires. When the cost of a purchase exceeds the available card balance, the cardholder will be required to make up the difference with an alternate form of payment. Gift Cards should be treated like cash. Peter Jackson disclaims all responsibility for lost or stolen cards.

  1. DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Peter Jackson and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms that might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law, or otherwise. This does not affect Peter Jackson's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability that cannot be excluded or limited under applicable law.

  1. LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

  1. LINKING FROM ANOTHER WEBSITE

If we link to other websites, we take no responsibility for the content of and make no representations as to the accuracy of any third-party websites we may link to from this Website.

  1. INDEMNITY

You agree to indemnify, defend and hold harmless Peter Jackson, its directors, officers, employees, consultants, agents, and affiliates, from any third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

  1. VARIATION

Peter Jackson shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

  1. COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments.

  1. WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

  1. GOVERNING LAW AND JURISDICTION

These terms and conditions are to be construed in accordance with the laws of Victoria, Australia, and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.

  1. ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Peter Jackson. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Peter Jackson.