Terms & Conditions
Effective Date: 3 July 2014
Welcome to our PLANET YUM FINE FRAGRANCES™ Australia website (the “PLANET YUM FINE FRAGRANCES™ AU Site" or the "Site"). PLANET YUM (“PLANET YUM FINE FRAGRANCES", "we", "us" or "our") provides the services available on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. Please note that if you visit one of our other regional Sites, you are subject to the terms and conditions applicable for that Site and we suggest that you consult such terms and conditions.
2. ABOUT THE PLANET YUM FINE FRAGRANCES™ WEBSITE
This contract shall be concluded in English.
All prices indicated for products available via the Site are inclusive of GST (where applicable) at the current rates and are exclusive of delivery charges. This means the delivery charges are not already included in the prices for items. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery Information section of the Site. Prices may change at Planet Yum's discretion at any time without advice or notification to you.
6. PRODUCT DESCRIPTIONS
We will take all reasonable care to ensure that all details, descriptions, and images of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. See Section 8 below.
7. PURCHASE RELATED POLICIES
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. If you are granted wholesale access you are permitted to sell the goods you purchase. Please note that samples are subject to availability. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Direct deposit bank transfers not received within 14 days will be cancelled by the system.
You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from the PLANET YUM FINE FRAGRANCES™ Site by clicking on the 'Make Payment' button at the end of the on-line order process, and by acknowledging that you agree with the terms & conditions of this website.
Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card, or we will send an email with our bank details for Bank Transfer, or you may go through your Paypal Express Checkout where you may print your order acknowledgement. This is not an order acceptance from PLANET YUM.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation section of the Site, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy & Procedure.
If you require a GST invoice, please visit your account by clicking “MY ACCOUNT” at the top of your screen. Please click the small symbol which looks like a page with a magnifying glass.
If you require any information regarding your order(s) please contact Customer Services on the following number (open 9.00am - 5.00pm, Monday to Friday, (02) 4422 9523 or email firstname.lastname@example.org.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this.
Direct deposit bank transfers not received within 14 days will be cancelled by the system.
You may only pay using Paypal, VISA, Mastercard, Bank Transfer, Australian Money Order through Australia Post (order will dispatched upon receipt of the Money Order), or Payment on Pickup. We do not accept personal cheques. Regarding Credit Cards, you confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
Direct deposit bank transfers not received within 14 days will be cancelled by the system.
10. TITLE TO GOODS
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Regarding wholesale purchases - You CANNOT under any circumstances replace our product labels with your own. This is an infringement of intellectual property & copyright and will be dealt with through legal channels. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
11. RISK OF LOSS
We will deliver the goods in accordance with the delivery option selected by you during the order process. You will receive an email from PLANET YUM when your goods are dispatched. You will also receive an email from Australia Post for tracking purposes. See Delivery section of our Site. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party.
13. ACCEPTANCE OF GOODS
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy & Procedure. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected. Particular note regarding purchase of candles: All candle glassware is made specifically for candles to reduce risk of heat cracking glass while candle is burning. All glassware is inspected for cracks and damage prior to wax being poured, and is then checked again after candles have cooled fully in their glassware before dispatch. It is your responsibility to read all warning information on the label at the base of your candle, and to follow that information. Planet Yum makes no warranties that its candles will be free from defects once they leave our premises and transit through Australia Post. Please check your candle glass thoroughly before lighting in accordance with this section 13. ACCEPTANCE OF GOODS. Planet Yum accepts no liability for any damages caused by its candles.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Service on the following number (open 9.00am – 5.00pm Monday to Friday), (02) 4422 9523 or email email@example.com
14. INTELLECTUAL PROPERTY
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of PLANET YUM FINE FRAGRANCES, its affiliates, partners or licensors, and is protected by Australian and international copyright laws. Product labels cannot be removed and may not be removed and replaced with any other label. Product may not be placed in any other type of packaging apart from what is supplied. Failure to adhere to these terms & conditions constitutes an infringement of copyright & intellectual property under Australian law. Legal action will ensue if this is ignored. The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of PLANET YUM FINE FRAGRANCES, its affiliates, licensors or partners, in the Australia and other countries, and are protected by Australian and international trademark laws. All other Trademarks not owned by PLANET YUM FINE FRAGRANCES, its affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as set forth in the limited licence in Section 15 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without PLANET YUM FINE FRAGRANCES' prior written consent.
15. LIMITED LICENCE
All content available on the Site, including, but not limited to, text, graphics, logos, button. We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive licence to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited licence set forth in this Section 15 without prejudice to any other remedy provided by applicable law.
16. YOUR OBLIGATIONS & RESPONSIBILITIES
17. YOUR ACCOUNT (wholesale and/or retail) Creation Of & Cancellation Of.
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting Customer Service on the following number (open 9.00am – 5.00pm Monday to Friday), by email firstname.lastname@example.org
Alternatively, you can update your details through "my account" page.
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered. Your account can be cancelled at any time by contacting Customer Service on the following number (open 9.00am – 5.00pm Monday to Friday), (02) 4422 9523 or email email@example.com. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in PLANET YUM’S best interests to do so, and without any warning and/or further discussion with you and/or from you.
We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.
20. USER CONTENT
When you transmit, upload, post, email or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 19. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorised advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
21. REPRESENTATIONS & WARRANTIES; LIMITATION OF LIABILITY
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; (f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS AUSTRALIAN, AS APPLICABLE. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
If you wish to complain about any matter in respect of the goods please contact Customer Services on the following number (open 9.00am - 5.00pm, Monday to Friday) (02) 4422 9523 or email firstname.lastname@example.org
A complaint means you believe something is unsatisfactory or unacceptable. We will endeavour at first instance to resolve your complaint ONLY within these Terms & Conditions outlined herein. You will not be entitled to any extra or special benefits like free products or discounts. Seeking such will be considered extortion. If you are still not happy with our efforts to resolve your complaints you may at your own discretion seek your own outside counsel. Planet Yum may at its sole discretion cancel your account at any time without notice to you and without any further negotiation or discussion from you.
Your use of this Website and any purchase by you of any goods from PLANET YUM FINE FRAGRANCES shall be governed by Australian law and the parties hereto submit to the exclusive jurisdiction of the Australian courts. If you are not satisfied that we are able to resolve your complaint as described in section 23 above, then the matter will be described as a dipute and you have your own prerogative to seek outside consel. Planet Yum may at its sole discretion cancel your account at any time without further negotiation or discussion with you.
If you have any questions regarding these Terms and Conditions, please contact us by email at email@example.com.Copyright © PLANET YUM FINE FRAGRANCES 2014. All worldwide rights reserved.