Terms & Conditions
This Agreement is a contract between the customer ("You") and Poms Australia.
The Terms and Conditions under which you may purchase products from www.pomspoms.com.au are set out below. Please read the following terms and conditions carefully before placing your order with Poms Australia.
By completing the customer application process and using www.pomspoms.com.au you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by the Terms and Conditions of this Agreement.
1) The agreement
The entire Agreement between You and Poms Australia for the purchase of Goods by You from Poms Australia is: (a) These Conditions; and (b) The terms of the Order.
The Agreement exists between You and Poms Australia once Poms Australia receives and accepts an Order. No obligation to sell or supply the Goods will arise until the Order is received and accepted. Each order may be accepted by Poms Australia at its absolute discretion. Each Order is a separate agreement.
2) Purchase orders and delivery of goods
You will place an Order with Poms Australia by selecting goods, entering your Personal and Payment Details and pressing the "purchase” button.
Anyone at the Delivery Address who receives the Goods shall be presumed by Poms Australia to be authorised to receive the Goods on Your behalf.
(a) to the adult person who placed the Order, or
If there is no-one at the Delivery Address at time of delivery you will need to make alternate arrangements regarding a suitable time with the carrier. You may be required to pay an additional fee. Deliveries will occur between 9am-6pm Monday to Friday. Exact times cannot be given.
3) Risk and title
Risk and title in the Goods passes to You upon delivery of the Goods to the Delivery Address.
Merchandise in saleable condition with all original tags attached may be exchanged for another size or for a store credit when accompanied by the original order receipt, an Online Store Return Form and RA number.
After 14 days sales are FINAL. All sale items, phone orders and pre orders are FINAL. No price adjustments.
Returns must be by registered post. Poms Australia will not be responsible for return shipping costs nor duty reimbursement in the case of international purchases (other than faulty items).
4) Price of goods and payment
The price You shall pay for the Goods shall be the price specified on the website. You also agree to pay the delivery and handling fee including goods and services tax (Australia Only) which Poms Australia is required to collect from You. You are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival.
(a) Payment upon Placement of Order
You shall pay for the Goods at the time You order. Paypal is accepted at Poms Australia.
5) Packaging and labelling of goods
All goods sent out by Poms Australia will be sent out in the most suitable packaging for the item/items purchased to ensure protection of the item. Care labels will appear on all garments and should be followed strictly.
You are licensed to use the Poms Australia website on your computer for Your use in purchasing Goods from Poms Australia. You acknowledge that you are not permitted to make any other use of the Poms Australia website.
7) Intellectual Property rights
You acknowledge that Poms Australia or its related corporations own or are licensed to use all Intellectual Property Rights in Poms Australia (including, but not limited to, any images, photographs or text which appears on the website). You agree that You will make no representation to the contrary, and that You must not use or copy Poms Australia in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
You acknowledge that any trademarks or logos which appear on the Poms Australia website are owned by or licensed to Poms Australia, and that You must not do anything to prejudice the rights of the trade mark owner or licensee to such trademarks or logos.
To the extent permitted by law, You agree that any liability of Poms Australia arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of Poms Australia will be limited to:
(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and
(b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
You agree that the entire risk arising out of installation, downloading, use or performance of Poms Australia remains with You. To the extent permitted by law, You release and discharge Poms Australia and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Poms Australia or this Agreement, including, without limitation, loss or damage caused by the negligence of Poms Australia or its related corporations.
10) Notification of changes
Poms Australia may add to, delete, or otherwise change any of the terms of this Agreement. Your use of the Poms Australia service will constitute your deemed acceptance of such changes.