“Agreement” means this agreement together with any policies and documents incorporated by reference.
“Card” means card issued by Visa or MasterCard.
“Consumer Rights” are those outlined in the Australian Consumer Law (formerly Trade Practices Act)
“Customer” means the person, partnership, company or any other entity acquiring goods from Purple Honey or using the services which are offered through Purple Honey’s website.
“Full Refund” means a refund of the purchase price paid for an item less the applicable postage fees.
For the avoidance of doubt, all refunds will incur costs limited to the fee incurred to post the item to the customer.
“Goods” means all goods supplied by Purple Honey and includes but is not limited to the goods supplied to Purple Honey by third party suppliers.
“Nominated Payment Source” is the means by which the Customer agrees to pay for the Order made.
“Order” means a request submitted by the Customer to Purple Honey, to use the Service and pay for the Service offered.
“Purple Honey” means Purple Honey (A.B.N. 75 224 538 820) This is intended to include references of ‘we’, ‘our’ or ‘us’.
“Services” means all services carried our by Purple Honey, its principals and its employees, including the packaging and delivery of goods to its customers, which is described in the Schedule, but does not include services carried our by third party suppliers.
“Website” means www.purplehoney.com.au or any other website as created by Purple Honey from time to time.
2. Incorporation of Terms and Conditions
2.1 By visiting our website and/or purchasing goods from our online store, you engage in our “Service” and agree to be bound by these terms and conditions, including those additional terms and policies referenced herein or made available by hyperlink. These terms of service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.
2.3 Purple Honey reserves the right to amend these Terms and conditions at any time and by giving notice to the Customer.
2.4 Any terms or conditions put forward by the Customer, whether in an order, specification or otherwise, will not be binding on Purple Honey insofar as they purport to amend, annul or augment any of these Terms and Conditions unless specifically agreed to by Purple Honey in writing.
3. Parties to this Agreement
3.1 This Agreement is a Contract between the Customer and Purple Honey.
4. Our Relationship
4.1 Purple Honey allows its Customers to engage its services in purchasing goods advertised online through its website or other social media platforms.
4.2 By placing an order with Purple Honey, the Customer provides Purple Honey the unconditional and irrevocable consent and direction to debit the agreed amount from the customer’s account that is registered for use.
5. Your Consumer Rights
5.1 The Customer has certain rights under consumer protection legislation enforced by the relevant State authority (Consumer Rights). These rights include:
(i) Statutory Guarantees under the Australian Consumer Law that goods will be of an acceptable quality, match their description and be fit for any purpose made known to the supplier, and that the services supplied will be provided with due care and skill and be reasonably fit for any specified purpose. If a statutory guarantee is breached, consumers are entitled to a range of remedies including, in some cases, damages for reasonably foreseeable losses; and
(ii) non-excludable implied warranties that the services will be provided with due care and skill and that the services and any materials supplied in connection with them will be fit for any specified purpose.
5.2 Nothing in this Agreement is intended to exclude, restrict or modify any of the Customer’s Consumer Rights, including by limiting Purple Honey’s liability or imposing liability on the Customer in a manner which would be considered unfair under the relevant consumer protection laws.
6.1 Purple Honey does not give any express warranty or guarantee as to the suitability, reliability or availability of its products, or of the content on its website.
6.2 Subject to Clause 5.1, Purple Honey does not give any implied warranties or guarantees.
6.3 Except as required by law, Purple Honey does not guarantee continuous, uninterrupted or secure access to its products, and Purple Honey does not make representations or warranties regarding the amount of time needed to complete the processing of payment transactions.
7.1 To be eligible to use the service provided by Purple Honey, a Customer must:
(i) be an individual at least 18 years old;
(ii) be capable of entering into a legally binding contract;
(iii) have a valid and verifiable email address and mobile telephone number;
(iv) provide a valid delivery address in Australia, New Zealand, China, USA, Canada, UK or Ireland; and
(v) have access to a Payment Method (for example by being the holder of a Debit or Credit Card).
7.2 By entering into this agreement, the Customer represents and warrants that he or she is eligible to use the service provided.
8. Purple Honey Customer Accounts
8.1 Creating An Account
8.1.1 The Customer will have the option to create a customer account with Purple Honey when an Order is placed for the first time.
8.1.2 Once an account is created, the Customer will be prompted to choose and enter a secure password which may be used subsequently to access the Purple Honey account.
8.1.3 The Customer is responsible for maintaining the security of his or her own customer account. Purple Honey does not take responsibility for unauthorised access or use of a customer’s account unless Purple Honey have failed to take reasonable steps to prevent such unauthorised use.
8.1.4 The Customer acknowledges that if a person places an Order by using another customer’s account (whether with or without that person’s consent), that person will be deemed to be the Customer for the purposes of this Agreement and that will not affect the Customer’s obligations under this Agreement, regardless whether:
(i) Purple Honey are or at any time become aware of that or the use of the Customer’s online account has not been authorised by the original Customer; or
(ii) There is a dispute, breach, defect, or other issue in relation to the Order, the products or services subject to the Order; or
(iii) Any other rights or claims that Purple Honey may have against that person.
8.2 Obligations of Account Holders
By holding a Purple Honey online customer account, the Customer agrees that he or she must:
(a) Pay any applicable Fees associated with the use of our Products;
(b) Not provide any information that is false, inaccurate or misleading;
(c) Ensure any information about you, including your contact details, is true, current and complete. If your information changes, you must update it through your Purple Honey Account;
(d) Provide to us in a timely manner all documentation relating to your identity, if requested by us;
(e) Not use your Purple Honey Account or our Products for any unlawful, fraudulent or improper activity;
(f) Cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your account;
(g) Be aware of and pay any taxes that may apply to your use of our Products;
(h) Not permit others to use your account, or allow anyone else to have or use your account password details;
(i) Not use any technology (device, software or hardware) to damage, intercept or interfere with our Products;
(j) Immediately contact us if you believe that your Purple Honey Account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;
(k) Not create liability for us; and
(l) Authorise us to disclose Card-related profile and purchase behaviour information to third parties (including, without limitation, Visa and MasterCard) for the purpose of eliminating fraud and illicit behaviour.
8.3 Closing your Account
(a) You may request to close your Purple Honey account by contacting us directly. You may only request to close your online account if:
- All amounts owing to us by you (including late payment fees) have been paid in full to us; and
- No disputes or refunds are in progress.
(b) You may not close your online account to evade investigations of any nature.
(c) We may close your account for any reason, upon giving you at least 14 days’ notice. This Agreement will continue to apply to any Orders accepted prior to such closure until all amounts owing are received in full (including any Late Payment Fees).
(d) Except as otherwise stated, this Agreement will be terminated once your account is closed. However, you will remain liable for all outstanding obligations related to the Purple Honey account even after it has been closed.
(e) We may immediately limit your access to our Products or suspend or close your Purple Honey account where we have reasonable cause to do so including, without limitation, where:
(i) we reasonably consider it necessary to do so in order to:
- protect the integrity of our systems or the Products;
- prevent fraud;
- limit the risk of money laundering or terrorism financing; or
- otherwise protect us against legal, regulatory or non-payment risk;
(ii) you do not pass our verifications or checks, including our pre-authorisation eligibility check described in clause 7; or
(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the payment due date).
(g) We will use our best efforts to provide written notice to you before closing your Purple Honey account, except where doing so may compromise any investigation related to your breach of this Agreement or unlawful or improper conduct. Where we close your Purple Honey Account in accordance with this Agreement, this Agreement will be terminated, and all amounts owed by you to us will immediately become payable to Purple Honey.
(h) Where your Purple Honey account has been closed for any reason, our respective obligations in relation to product returns will only continue until:
- all amounts you owe to us have been paid to us; or
- the date which is 120 days after your last Order whichever is sooner.
9. Orders, Payment & Billing
9.1 All orders which are placed with Purple Honey are subject to approval by us, in our reasonable direction. Purple Honey may choose not to approve an order, or cancel an approved order prior to the supply of the goods, if:
(a) Purple Honey reasonably considers this action is necessary in order to:
- Protect the integrity of our systems or the Products; or
- Prevent fraud; or
- Otherwise protect us against legal, regulatory or risk of non-payment.
(b) If we cancel an approved order;
- We will apply a full refund of any amounts you have paid to us to your Nominated Payment Source or (if that is not possible) to any other Card that you have provided us details of, and will cancel any future payments related to that order.
(c) Once an order has been approved by us, you will receive an email from us with confirmation of your order. To avoid doubt, this email confirmation operates as your receipt of the transaction.
9.2 Automatic Payments
(a) An ‘Automatic Payment’ is a payment, through the Payment Method you have chosen, that we will automatically charge directly to your nominated Card (‘Nominated Payment Source’) on a one-time or regular basis in agreed upon amounts as outlined in your Payment Schedule. You will have the option to select a preferred Payment Method and Nominated Payment Source when your Purple Honey Account is being created. You can update or change your preferred Nominated Payment Source or Payment Method at any time via your Purple Honey Account.
(b) Subject to the other terms of this Agreement, You hereby expressly consent to, authorise and instruct Purple Honey to deduct Automatic Payment amounts from your Nominated Payment Source for the amounts and on those scheduled dates set out in your Payment Schedule. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Payment Source, in accordance with your Payment Schedule and the terms of this Agreement.
(c) You are responsible for ensuring that you have sufficient funds in your Nominated Payment Source available to make Automatic Payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by your Nominated Payment Source, except to the extent that such fees or charges arise as a result of our error or system failure. If any fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and we will reimburse you for the relevant fees or charges.
(d) If an Automatic Payment fails (for example, if your Nominated Payment Source is a credit or debit card which has expired), Late Payment Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorise us to satisfy any monetary liability you owe us by:
(i) Debiting your Nominated Payment Source at a later time or date;
(ii) Debiting any other Card which you have provided details of;
(iii) Offsetting the payment amount against any amounts we may owe to you; or
(iv) Any other legal means.
(a) Charges and fees, if any, will be payable by the Customer for the use of the Service.
10. Refunds & Returns Policy
10.1 If you decide to return the goods purchased from us, you may either request a full refund of the item(s) (less postage costs) or exchange them for a different size, subject to the process outlined in these terms and conditions, namely:
(a) You will directly arrange for the return of the goods to Purple Honey at its registered business address; and
(b) You will ensure that the goods are returned in the same condition that they were delivered, being unworn and with its original tags still attached, within its original packaging;
(c) You will notify Purple Honey if you intend to return any goods. The return must be completed within the period specified and in the manner required by the applicable returns policy; and
(d) Return postage costs are the sole responsibility of the customer.
10.2 If items have faults related to the manufacture of the items, the customer must provide us with images of the faulty product as evidence of their claim. In these situations, the customer will be entitled to a full refund if Purple Honey are satisfied with the evidence of the claim.
10.3 Customers will be able to exchange certain items (for example, bra’s, suspenders and nightwear) for other sizes free of charge, however if those sizes are unavailable at the time of the request, the Customer will be entitled to a Credit Note to be used within our online store.
11. Postage & Delivery
11.1 Delivery times may vary based upon:
- Item availability;
- The customer’s delivery address;
- Time an order is placed; and
- Other circumstances (for example, public holidays).
11.2 Purple Honey makes no guarantees as to actual delivery time.
11.3 The risk of loss for items being shipped passes to the Customer upon delivery of the item to the carrier for delivery.
11.4 Purple Honey will send written confirmation informing the customer when an item has been shipped pursuant to an Order.
11.5 All items purchased through our online store are packaged in our own gift packaging and mailed in Australia Post pre-paid satchels.
11.6 Purple Honey will be offering domestic shipping at the following rates:
- $9.95 standard postage – delivery within 3-7 business days from receipt of an order.
- $14.95 express postage – delivery within 1-2 business days from receipt of an order.
11.7 Purple Honey will be offering international shipping at the following costs:
- New Zealand – $17.75 standard postage – delivery in approximately 6 business days.
- China – $21.65 standard postage – delivery in approximately 6 business days.
- USA & Canada – $23.70 standard postage – delivery in approximately 6 business days.
- UK & Ireland – $28.30 standard postage – delivery in approximately 6 business days.
11.8 All estimated delivery times for international orders are based on whether the delivery address is within a metro area of all major cities. This excludes time in customs (if applicable) and may be subject to delay due to causes outside of Australia Post’s control.
12. Cancellation of an Order
12.1 A cancellation of an order may only be made within 24 hours of placing that order.
12.2 Purple Honey does not allow for the cancellation of an order after 24 hours of that order being placed. In this instance, customers should refer to Clause 10 in relation to our Refunds and Returns Policy.
13. Intellectual Property
13.1 Purple Honey’s website and social media platforms and all its content are exclusively the property of Purple Honey. The information on its platforms is for information purposes only and will be subject to change without notice.
13.2 The Customer must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing the website, or any of Purple Honey’s content, logos, graphics, icons or other content published on its website.
14. Complaints and Disputes
14.1 Any disputes between the Customer and Purple Honey will be dealt with as follows:
(a) With the aim to:
(i) acknowledge receipt of all complaints within 5 business days; and
(ii) resolve all complaints within 45 business days.
(b) If a dispute or complaint should be raised, the Customer is able to do so by contacting Purple Honey using the details below, as soon as possible.
Email: email@example.com; or
Mail: PO BOX 430, ALTONA VIC 3018
(c) Purple Honey may request further information from the customer to assist in resolving any complaints or disputes, and the Customer is required to provide all reasonable assistance to resolve the complaint or dispute.
(d) If the complaint or dispute cannot be resolved within 45 business days, Purple Honey will notify you of the reason for the delay as well as an indication of when to expect the complaint to be resolved.
15. Notices and Communication
15.1 This Agreement and any other agreements, notices or other communications regarding the Customer’s Purple Honey account will be provided electronically to the Customer.
15.2 The Customer agrees to receive all communications from us in electronic form. Communications will be posted on Purple Honey’s website and/or sent to the Customer’s email address.
15.3 Alternatively, we may choose to give notice to you by:
(i) serving it personally at, or sending it by post to, your nominated contact address; or
(ii) sending it to you via other electronic methods of communication using contact details listed (including text messages).
15.4 Where a notice is served personally, service of the notice is taken to be effected when delivered. Where a notice is sent by post, service of the notice is taken to be effected on the fourth day after the date of postage. Where a notice is sent by electronic mail, or through other electronic means, service of the notice is taken to be effected on the day after the day on which it is sent, unless we receive notification that delivery has failed.
15.5 The Customer or all other parties may communicate with Purple Honey via:
- Notices should be mailed to:
- Other communications can be delivered through any of the following means:
Email: firstname.lastname@example.org; or
Mail: PO BOX 430, ALTONA VIC 3018
6.1 System Outages
(a) Access to Purple Honey’s Services and Website may occasionally be unavailable or limited due to hardware or software failure or defects, overloading of system capacity, damage from natural events or disasters or disruptive human activity, interruption of power systems, labour shortages or stoppages, legal or regulatory restrictions as well as other causes outside of its control.
(b) To the extent permitted by law, and subject to clause 2.2, Purple Honey will not be liable for any loss or damage which the Customer may incur as a result of the Service or Website being unavailable.
16.2 Governing Law and Jurisdiction
(a) This agreement is governed by the applicable law in force in the relevant State or Territory in which the Customer receiving the item resides.
(b) Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in the appropriate State or Territory.
16.3 Limitation of Liability
(a) To the full extent permitted by law, and subject to clause 2.2:
(i) Purple Honey’s liability for all claims arising under or related in any way to this Agreement no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed:
(A) $500; or, if that limit is found to be unenforceable,
(B) $1,000; or, if that limit is found to be unenforceable,
(C) the total value of any affected Order(s); and
(ii) Purple Honey and its related bodies corporate, or any third party providing services on behalf of Purple Honey, will not be liable to you for any Consequential Loss arising under or related in any way to this Agreement no matter how arising and whether in contract, tort (including negligence) or otherwise.
(b) Purple Honey and its related bodies corporate, or any third party providing services on behalf of Purple Honey, and the directors, employees, officers, agents and representatives of them, will not, to the extent permitted by law and subject to clause 2.2, be liable for any loss or damage (including any direct, indirect or Consequential Loss or damage) you or any third party may incur from your purchase or use of any goods or services from a Retailer, except to the extent that we cause such loss or damage (in which case, our liability to you is limited as set out in clause 10.3(a) above).
(c) To the extent permitted by law, a party’s liability to the other party under or in connection with this Agreement is reduced to the extent, if any, to which the other party’s acts or omissions cause or contribute to its own loss or damage.
(d) The parties will take all reasonable steps to mitigate any loss incurred by them under this Agreement.
(a) The Customer will be responsible for each Indemnified party for any loss, costs, expenses or damages the indemnified party suffers or occurs:
(i) in connection with any claim or demand made by any third party due to or arising out of the Customer’s breach of this agreement, or breach of the law; and
(ii) as a direct or indirect consequence of unauthorised users accessing your account because of your negligence.