TERMS AND CONDITIONS
INTRODUCTION
This website - www.pureplushaustralia.com.au (the Site) is managed by PUREPLUSH AUSTRALIA PTY LTD (The Company). Throughout these Terms and Conditions, “we,” “us,” and “our” refers to PUREPLUSH AUSTRALIA PTY LTD. We provide this Site, including the Service, information and tools to you (the User), subject to your approval and acceptance of these Terms and Conditions, notices and policies stated herein.
By accessing our Site, using our Services and/or purchasing a product from us, these represent your engagement with us, and as a result, you consent to be bound by these Terms and Conditions, including every other term, condition, notice, and policy referenced herein and/or available through a link or hyperlink. The Terms and Conditions defined herein apply to all Users of the Site, including without limitations to Users who are casual visitors, customers, vendors, merchants, and content contributors.
Kindly read these Terms and Conditions carefully before visiting or using our Site. By visiting or using any section of the Site or our Service, you consent to be bound by these Terms and Conditions. If you do not consent to any section of the Terms and Conditions, then you are not allowed to visit, access or use the Site and the Service. If these Terms and Conditions are considered as an offer, acceptance is exclusively limited to these Terms and Conditions.
COPYRIGHT
All Information on this website including, but not only, but images, text, sound, content also may not be used for any commercial purposes without written approval from PUREPLUSH AUSTRALIA PTY LTD. Therefore, no material should be transferred, distributed, stored or copied without prior written consent from PUREPLUSH AUSTRALIA PTY LTD. All brands, company logos, trademarks and logos used on this website are exclusive properties of PUREPLUSH AUSTRALIA PTY LTD.
MODIFICATIONS TO PRODUCTS PRICES
Prices for our products are subject to review without any prior notice. We retain the right at any time to modify or terminate the Service (or any section or content therein) without giving any prior notice at any time.
We shall not be accountable to you or any third-party for any price review, modifications, termination or discontinuance of the Service.
LINKS TO THIRD-PARTY WEBSITES
Some products, content, and services available through our Site and Service may include third-party content.
Third party links included on the Site may relay you to a third-party website that is not affiliated with us. We are not accountable for evaluating or probing the content for correctness and accuracy. We do not warrant, and we will accept no liability for any content, services or products provided by the third-party through the third-party website.
We are not responsible for any damages or harm that may occur in connection with the purchase and use of products, use of resources, services or content and any other transaction made when you access or use the third-party websites or provisions.
You are admonished in your interest to carefully review the third-party terms, conditions, practices, and policies, and make sure that you understand and agree with them before you engage in any deal with the third-party.
Claims, disputes, complaints, concerns, inquiries or questions pertaining to the third party should be forwarded to the respective third-party.
ERRORS, OMISSIONS, AND INACCURACIES
Periodically, there may be information on our Site or in our Service that may contain typographical errors, omissions, and inaccuracies that may be connected to product descriptions, offers, promotions, pricing, shipping information, tracking details and product availability. We retain the right to correct any errors, omissions, and inaccuracies, and to update or change the information or cancel orders if any information in the Service or on the Site is incorrect at any time without any prior notice (even after you have submitted and placed your order).
We are under no obligation to correct, amend, or clarify information in the Service or on the Site, including without limitation, pricing information, unless we are mandated by law. We do not specify an update or refresh date in the Service or on the Site where all errors, omissions, and inaccuracies will be corrected.
PROHIBITED USES
Sequel to other prohibitions as defined in these Terms and Conditions, you are at this moment prohibited from using the Site, the Services or the content:
- for any illegal purpose;
- to mandate others to participate in or carry out any unlawful act;
- to breach any international, federal, regional or state laws rules and local statutes;
- to monitor or collect Personal Information of other users;
- to phish, spam, pharm, pretext, crawl, spider or scrape;
- for any immoral or obscene purpose; or
- to breach or circumvent the security set up provided to ensure the safety of the Site and the Service.
We retain the right to cancel your access and use of the Service or the Site for breaching any of the above-prohibited uses.
LIMITATION OF LIABILITY AND DISCLAIMERS OF WARRANTIES
You explicitly consent that your use of or inability to use the items is at your sole risk.
Under no circumstance shall PUREPLUSH AUSTRALIA PTY LTD, our subsidiaries, directors, agents, officers, employees, interns, contractors, suppliers, licensors or relevant service providers be responsible for any loss, injury, claim, or any direct, indirect, incidental, punitive, special or consequential damages of whatsoever nature, including without limitation, loss of revenue, loss of profits, loss of savings, loss of data, replacement fee, or any applicable damages, whether based on contract or tort (negligence inclusive), strict liability or otherwise, arising as a result of your use of any of the Service or products offered through the Site, or for any claim related to your use of the Service or products, including but not limited to, any omissions or errors in content, any damage or loss of any kind which you incur as a result of your use of the Service or products offered or made available via the Service, even if advised of their likely occurrence. Because some jurisdictions or states do not permit the exclusion or the limitation of liability for incidental or consequential damages, in such jurisdictions or states, our liability shall be limited to the maximum extent permitted by the law. We reserve the right to use refurbished parts and items in the provision of your remedy to a warranty claim after 30 days from date of delivery or purchase if in store.
INDEMNIFICATION
You consent to indemnify, defend and hold PUREPLUSH AUSTRALIA PTY LTD, our subsidiaries, partners, directors, agents, licensors, relevant service providers, contractors, interns, suppliers, and employees, harmless from any demand or claim, including reasonable attorney’s fees, made by any third party as a result of your violation of these Terms and Conditions or the incorporated documents, or your breach of any law or the rights of a third party.
AUSTRALIAN CONSUMER LAW
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
MODIFICATIONS TO THE TERMS AND CONDITIONS
You can view and read the latest version of these Terms and Conditions at any time, via this page. We retain the exclusive right, at our discretion to change, update, replace or change any section of these Terms and Conditions by publishing the changes and updates to our Site. It is your sole responsibility to Site for such changes frequently. Your further access and use of the Site following the posting of changes or modifications to these Terms and Conditions shall be taken to mean your approval and acceptance of those changes.
WARRANTIES
PurePlush Australia Pty Ltd guarantees this product to be free from defects in materials and workmanship from the date of original purchase or delivery of goods for the period of 12 months subject to the limitations.
This warranty has the following exclusions:
- Fair wear and tear.
- Damage to the product due to incorrect care, misuse, usage, or due to alteration or modification of the product.
- Tarnishing or damage to the finish of the product, including colour change due to weather, water or chemical exposure.
SALES
During a site-wide or advertised sale all discount codes, we do not allow double stacked discounts during a sale.
REFUND POLICY
Please shop with the intention to own as we do not accept change of mind refunds. If you have received the goods and it is faulty, we will repair or replace the item if it is covered under warranty.
Goods will be remedied by means of repair of replacement within 30 days of receipt. Refunds and store credits for major manufacturing faults will be provided if we cannot provide a remedy within the 30 day timeline, which will not be subject to any fees.
All refund and store credit decisions will be assessed and require approval by PUREPLUSH AUSTRALIA PTY LTD. We reserve the right to refuse or grant a refund if you do not comply or are within the guidelines of our refund policy. In the event of a refund being approved, you accept that you will incur a processing and restocking fee for this (7% of total order value). If you're in possession of the goods, we must receive the complete goods back to us prior to processing the refund or store credit.
RETURNS/REFUND POLICY
Returns and refunds will be carried out in accordance with Australian Consumer Law as determined by information from the ACCC (https://www.accc.gov.au/consumers).
RETURNS
To be eligible for a return, your item must be returned with all accessories that came with the product and please return your item in the original packaging.
Returned items that have been assessed to have a minor manufacturing fault will be repaired or replaced at our discretion and will not be subject to any fees.
Products which have been assessed to have a major manufacturing fault may be eligible for a refund, and will be subject to the assessment and approval of PUREPLUSH AUSTRALIA PTY LTD.
To aid us in diagnosing a fault or assisting you with the issue, we may request video evidence of the claimed fault before we initiate the returns process
Any products returned which are claimed to be faulty but are assessed as fully functional will incur a re-dispatch fee to cover return postage.
Any product which has been physically damaged due to user error, neglect, accidental damage or is used in a way not in accordance with the manufacturers intended use will void the item’s eligibility for a return and warranty claim.
REFUNDS/STORE CREDITS (WHEN APPLICABLE)
Please shop with the intention to own as we do not accept change of mind refunds.
All refund and store credit decisions will be assessed and require approval by PurePlush Australia Pty Ltd. We reserve the right to refuse a refund if you do not comply or are not within the guidelines of our Return/Refund Policy. Refunds and Store Credits will not be issued until the goods are received by us, and have been assessed with a valid fault.
If your return is approved, we will initiate a refund to your original method of payment. You will receive the credit within a certain amount of days, depending on your card issuer’s policies.
SHIPPING
We offer same day dispatch for orders placed before 12pm AEST between Monday and Friday, once confirmation of payment is successful and is not flagged for any risk by our merchant. Please be aware, same day dispatch does NOT mean same day delivery. Furthermore, orders placed after 2pm on Friday, and orders placed on Saturday, Sunday or public holidays will be processed on the first or second available business day.
If we do not have all of your selected products in stock or if there is an issue with billing/shipping information or require verification, we will attempt to contact you via phone or email. However, we advise you to carefully check the contact and shipping details you enter as your order will be placed on hold and shipping will be delayed until we are able to get in contact with you. Alternatively, after such time, we will refund the out of stock item and dispatch the remaining order.
If you order during sale days or shortly after a sale, we will endeavour to get as many orders shipped out on the same day. However, due to the sheer volume of orders received, this is not guaranteed.
LOST IN TRANSIT
We cover all lost in transit (dispatched from our warehouse) items with a full replacement of the exact order. To qualify for this, you need confirmation from Australia Post stating that the items are in fact lost and not delayed. Our support staff will work alongside yourself and Australia Post to ensure you are looked after and you are NOT at a loss, when possible.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
PurePlush Australia Pty Ltd (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@pureplushaustralia.com.au. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Darra, Queensland before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Pureplush’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Updated: April 2023
