These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from www.ptea.com.au.
Please read the following Terms and Conditions carefully before placing your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
Which terms and conditions apply?
The Products You Order on the Website are offered by T.Q.Do & Partners Intertrade Pty Ltd t/a Palm Tree Enterprise Australia ABN 51 082 915 133 (“PTEA”). The website Product listing states the offeror and supplier of each Product. Products which are offered and supplied by PTEA are referred to herein as “PTEA Products”.
If you do not understand these Terms and Conditions or if you have any questions, including which Products are supplied by Palm Tree Enterprise Australia, please email our team at email@example.com, and a representative will be happy to help you.
Terms and conditions for PTEA Products
These Terms and Conditions constitute a contract between the customer (You) and Palm Tree Enterprise Australia.
In these Terms and Conditions “We”, “Our” or “Us” means Palm Tree Enterprise Australia; and “You” or “Your” means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.
The Agreement together with your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.
2. Legal Capacity
If you are under the age of eighteen (18) years you cannot place Orders with Palm Tree Enterprise Australia. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years
3. Website Use
The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
All prices displayed on the Website are subject to change at any time without notice.
All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.
5. Product Specifications
Features and specifications of Products described or depicted on the Website are subject to change without notice.
All weights and dimensions of Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.
You may place an Order by following the instructions on the Website.
Orders will be deemed to have been received by Palm Tree Enterprise Australia at the time Palm Tree Enterprise Australia sends an Order confirmation to Your nominated e-mail address.
Palm Tree Enterprise Australia is an online business and will primarily communicate with Customers via e-mail. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
Palm Tree Enterprise Australia may cancel Your Order at any time prior to dispatch of the Products.
In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
Palm Tree Enterprise Australia does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
Palm Tree Enterprise Australia shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Palm Tree Enterprise Australia (or its affiliates), and Palm Tree Enterprise Australia shall be entitled to a reasonable extension of time for the performance of such obligations.
Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
You may provide your nominated credit card/Bank details during the purchase process described on the Website.
Payment for Orders will be processed immediately upon confirmation of Your Order.
If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product’s correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel your Order. If a Product’s correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.
8. Delivery and ownership of the goods
We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Palm Tree Enterprise Australia does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Palm Tree Enterprise Australia and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e-mail address nominated in their Order.
Palm Tree Enterprise Australia will not deliver Products to PO Box addresses.
Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
The couriers or postal services nominated by Palm Tree Enterprise Australia will deliver Products during local business hours (9am to 5pm, Monday to Friday).
Palm Tree Enterprise Australia is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Palm Tree Enterprise Australia (as notified to the Customer) in relation to date and time of delivery. Palm Tree Enterprise Australia shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
9. Faulty or damaged goods
Palm Tree Enterprise Australia will repair or replace faulty or damaged Products in accordance with the Warranty Terms and Conditions.
10. Refunds and returns
Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
All refunds may take up to 10 business days to be processed.
Other than in accordance with the 14 Day Money Back Guarantee, refunds are strictly limited to those available under clauses implied by statute.
In order to facilitate a return under these Terms and Conditions, e-mail firstname.lastname@example.org.
The Customer must comply with directions from staff to facilitate a return.
Returned Products, under the 14 Day Money Back Guarantee, must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for a remedy in respect of Returned Products under the Australian Consumer Law, including by reason of section 259(7) of the Act.
Goods returned are subject to a 20% re-stocking charge.
It is the Customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.
Each Product sold on the Website is covered by a 12 month Standard Warranty by the manufacturer unless specified otherwise.
Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
To the extent permitted by law:
- we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and
- our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
14. Gift Vouchers
Gift Vouchers have a validity of 12 months from the date of purchase.
Gift Vouchers may be redeemed by contact email@example.com and providing the invoice number for the transaction. Gift vouchers will not be refunded.
Title and risk in the PTEA Products pass to the Customer on signing for delivery of the Products.
Palm Tree Enterprise Australia reserves the right to make changes to the Palm Tree Enterprise Australia Website and these Terms and Conditions without notice.
Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
A failure or delay by Palm Tree Enterprise Australia to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Palm Tree Enterprise Australia does not preclude its future ability to exercise that or any other power or right.
Insofar as they apply to the ordering, purchase, fulfilment and delivery of PTEA Products from www.ptea.com, these PTEA Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.
No Palm Tree Enterprise Australia employee or agent has the authority to vary any of the Terms and Conditions governing any sale.