DR PICKYPANTS PTY LTD (ABN 59 664 275 889)
TERMS AND CONDITIONS OF SALE
Thank you for shopping at Dr Pickypants (“DrP”). As with any online shopping experience, there are terms and conditions that apply to your purchase of our products. By placing an order or making a purchase using our e-commerce platform, you understand and you agree that you are entering into an electronic transaction in accordance with and subject to:
- these terms and conditions of sale (“Terms”), and
- DrP’s Privacy Policy.
You further agree to receive electronically all documents, as applicable, to your nominated email address.
If you do not accept and agree to these Terms and/or the Policy then you should leave this site.
YOUR STATUTORY CONSUMER LAW RIGHTS ARE PROTECTED
Our products come with guarantees that cannot be excluded or modified under Australian consumer law (“ACL”). You are entitled to a repair, replacement, or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
STANDARD RETURN POLICY
We acknowledge that sometimes a product may not be what you expected it to be. In that event, we invite you to review the following terms related to returning a product.
Please note there may be limitations on your right to return and obtain a refund for products, however these limits will always be subject to your statutory rights under the ACL.
For any undamaged product, simply return it with its included accessories and original packaging along with the original receipt provided at the point of sale within 14 days of the date you receive the product and we’ll exchange it or offer a refund based upon the original payment method. However, please note that we will only remit refunds to an Australian bank account where the name of the bank account holder matches the payor’s name/information. Please also note that we only remit refunds domestically and cannot remit refunds outside of Australia. In addition, please note the following:
- Products can be returned only in the country or region in which they were originally purchased.
- Products are not sold by reference to the graphics, diagrams, pictures or photographs (“Graphics”) on our website. The Graphics are only to provide you with a general idea of the look and size of our products. The products may vary slightly from the Graphics but will be in accordance with the written specifications provided with the product in question.
For complete details on how to return a product purchased on our e-commerce platform please see the Returns & Refunds.
DEFECTS IN PRODUCTS
If there is a defect in one of our products, we shall, at our option: (1) repair the product at no charge using new parts or parts that are equivalent to new in performance and reliability, (2) replace the product with a product of equivalent functionality formed from new and/or previously used parts that are equivalent to new in performance and reliability or, with your consent, with a product that is at least functionally equivalent to the product it replaces, or (3) refund the original purchase price.
For the purposes of these Terms, normal depletion of consumable parts is not a defect unless it has occurred due to a defect in materials or workmanship. Likewise, defects resulting from abuse, accident, modifications, unauthorised repairs or other causes that are not defects in materials and workmanship are not covered by these Terms.
In no event shall DrP be liable for (a) loss or damage, which as of the product’s purchase cannot be regarded as being caused by DrP’s breach of these Terms; or (b) losses caused by the user’s fault, or loss of profits or benefits.
Any limitations of liability in these Terms shall not apply to (i) death or personal injury pursuant to any mandatory law on product liability; (ii) fraud or fraudulent misrepresentation; (iii) intentional misconduct or gross negligence; (iv) or a culpable breach of major contractual obligations. A damage claim based on a breach of major contractual obligations or gross negligence will be limited to foreseeable damage typical for the sale concerned.
IMPORTANT RESTRICTIONS for SERVICE.
DrP will provide repair services through one or more of the following options:
(i) Carry-in service. You may return your Product to DrP or a DrP Authorised Service Provider (“ASP”) location offering carry-in service if and where available in your country.
(ii) Mail-in service. If DrP determines that your Product is eligible for mail-in service, DrP will send you prepaid waybills and applicable packaging material, so that you may ship your Product to a DrP Repair Service (“RS”) or ASP location. DrP will pay for shipping to and from your location if instructions regarding the method of packaging and shipping the Product are followed. Contact DrP at: [email protected] to request main-in service eligibility.
(iii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own Product. If DIY parts service is available in the circumstances, the following process will apply. Contact DrP on [email protected] to request DIY parts service eligibility.
(a) Service where DrP requires return of the replaced Product or part. DrP may require a credit card authorisation as security for the retail price of the replacement Product or part and applicable shipping costs. If you are unable to provide credit card authorisation, DIY parts service may not be available to you and DrP will offer alternative arrangements for service. DrP will ship a replacement Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Product or part. If you follow the instructions, DrP will cancel the credit card authorisation, so you will not be charged for the Product or part and shipping to and from your location. If you fail to return the replaced Product or part as instructed or return a replaced Product or part that is ineligible for service, DrP will charge your credit card for the authorised amount.
(b) Service where DrP does not require return of the replaced Product or part. DrP will ship you free of charge a replacement Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced Product or part.
(c) DrP is not responsible for any labour costs you incur relating to DIY parts service. Should you require further assistance, contact DrP at the telephone number listed below or at: [email protected].
Service options, parts availability and response times may vary in different countries. If you require service in a country where DrP does not maintain a Retail Store or DrP Authorized Service Provider (“ASP”), service options may be limited. For advice on current “ASP” in your area, contact us on: [email protected]. If service option is not available for the product in such country, DrP or its agents shall notify you about any additional shipping and handling charges which may apply before rendering service. Where international service is available, DrP may repair or replace products and parts with comparable product and parts that comply with local standards.
If any term is held to be illegal or unenforceable, it shall be severed from these Terms and the legality or enforceability of the remaining terms shall not be affected.
This warranty is governed by and construed under the laws of the country in which the product purchase took place.
PRICING and PRICE REDUCTIONS / CORRECTIONS
DrP reserves the right to change prices for products displayed on our e-commerce platform at any time, and to correct pricing errors that may inadvertently occur.
Prices shown are in Australian dollars. If you are paying for your order with an international Visa, MasterCard, or American Express credit card, please note that the purchase price may fluctuate with exchange rates. In addition, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase. Please contact your bank or credit card issuer regarding these fees.
ORDER ACCEPTANCE and CONFIRMATION
DrP may, in its sole discretion, refuse or cancel any order and limit order quantity. DrP may also require additional qualifying information prior to accepting or processing any order. Once we receive your Online order, we’ll provide you with order confirmation via your nominated email address. Your receipt of an order confirmation, however, does not signify DrP’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. DrP reserves the right at any time after receiving your order to accept or decline your order for any reason. If DrP cancels an order after you have already been billed, DrP will refund the billed amount.
SHIPPING & DELIVERY
For questions and information about shipping and delivery prior to making an online purchase please contact: [email protected]. To learn about how and when you will receive the products you have purchased from the DrP store, please refer to your purchase confirmations sent to your nominated email address by DrP and or the shipper.
Since the actual delivery of your order can be impacted by many events beyond DrP’s control once it leaves our facilities, DrP cannot be held liable for late deliveries. We will, however, work with you to ensure a smooth delivery.
As DrP takes care of the dispatch of the products you purchase on the DrP Store, the risk of loss of, or damage to, product(s) shall pass to you when you, or a person designated by you, acquires physical possession of the product(s). Title in the product(s) shall pass to you when the product(s) is picked up by the carrier from our warehouse. At this point, you will receive the Shipment Notification Email. If there are any issues with delivery, please contact DrP on [email protected] to resolve.
INSTORE PICKUP and RETURN
Where available, DrP offers in-store pickup for many of the items available on the Online Store. Certain products and payment methods, however, may not qualify for in-store pickup. Only you or the person designated by you may pick up the item(s) purchased. A government-issued photo ID and order number will be required for pickup. DrP will notify you when your order is ready and the date by which you need to pick up your items. We’ll also send you reminder or two, just in case it slips your mind. If you don’t pick up your order, DrP may cancel it. Please contact: [email protected] to find out if in-store pick up is available for your purchase.
PICK UP CONTACT
If you select in-store pickup, you may designate a third party to pick up your order. You must provide the name and email address of the third party. Please note that certain products and payment methods are not eligible for in-store pickup by a third party. The third party will need to bring a government issued photo ID and order number for pickup. DrP is not responsible for actions taken by the third party once your item(s) have been picked up.
PRODUCT AVAILABILITY LIMITATIONS
Given the popularity and/or supply constraints of some of our products, DrP may have to limit the number of products available for purchase. Trust us, we’re building them as fast as we can. DrP reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when DrP confirms your order but subsequently learns that it cannot supply the ordered product. In the event we cannot supply a product you ordered, DrP will cancel the order and refund your purchase price in full.
DATA PROTECTION
By placing your Order, you agree that we may store, process and use data collected from your Order Form as set out in our Privacy Policy. You also agree that we may transfer such data to other companies in the DrP group of companies. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
Dr Pickypants Pty Ltd (ABN 59 664 275 889)