TERMS & CONDITIONS
1. Any period or date for delivery of Goods stated by Pagu Fashion is intended as an estimate only and is not a contractual commitment. Pagu Fashion will use its best endeavours to meet any estimate delivery dates but Pagu Fashion will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
2. Pagu Fashion reserves the right to amend delivery methods without notice.
AUSTRALIA
1. All deliveries of Goods purchased by the Customer will be made by registered courier (Star Track) and are delivered with authority to leave (‘ATL’) without signing where no one is in attendance at the delivery address.
2. If the Customer believes their nominated delivery address will be unattended at the time of delivery, Pagu Fashion suggests having the Order delivered to an alternate address that the Customer knows will be attended during normal business hours. If the nominated delivery address is unattended at the time of delivery, the courier will either leave the Goods in a secure location under their ATL (in which case the delivery will be deemed successful by Star Track) or a card will be left with details as to where the Customer can collect the their Goods, at this time the Goods will be deemed delivered (‘Successful Delivery’).
3. Pagu Fashion will not be held responsible for any occurrence that may happen following the Delivery of a Good, including theft or damage if a Good is delivered to an unattended address. All risk in the Goods will remain with the Customer upon Delivery and Pagu Fashion will not offer a replacement Good or refund a Customer for any lost or damaged Goods.
4. Pagu Fashion will use reasonable endeavours to dispatch all Orders received after 8.00am on the next business day. Estimated delivery time is 2-5 business days following placement of an Order, depending on the Customer’s location. Customers located in Queensland should receive their Goods within 2 business days. Interstate orders and rural areas may take between 3-5 business days.
5. In the event the Customer does not receive their Order within 5 business days, the Customer should contact customercare@pagufashion.com to obtain their tracking number.
6. Delivery of Orders placed on the weekend will not be processed until the following Monday.
7. Pagu Fashion offers free delivery Australia-wide on all Orders over $150.00. For any under $150.00, a flat fee of $10.00 (inclusive of GST) will apply.
8. Pagu Fashion does not deliver Orders to Post Office boxes.
9. Once the Customer’s online purchase is complete the Customer will receive an Order confirmation.
INTERNATIONAL DELIVERY*
1. International deliveries will be made by Registered Post (via DHL).
2. Orders will be dispatched within 2 days from the date of the Order. Estimated delivery time for international orders is between 5-15 business days.
3. In the event the Customer does not receive their Order within 15 business days of placement, the Customer should contact customercare@pagufashion.com to obtain their tracking number.
4. International delivery cost is a flat rate delivery fee of $35.00 AUD, with no free delivery threshold.
5. For all New Zealand customers, we offer free shipping on all overs over the value of $150.00. For all orders under $150.00 there will be a flat rate delivery fee of $15.00.
6. International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient. Pagu Fashion has no control and will not be responsible for any duties or taxes.
7. In accordance with Australian export regulations, customs require Pagu Fashion to declare the exact value of the Order on the satchel, and it is the sole discretion of the custom agents to release the package.
PRE-ORDER
A Pre-Order is the term used when a Good is currently out of stock but will be ordered from suppliers once the Customer places the Order. The Order will then arrive to the Customer within a certain time frame after the Order is placed. The date of delivery will be displayed under the description in each Good.
LIMITATION OF LIABILITY AND INDEMNITY
1. The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, Pagu Fashion makes no warranties or other representations in relation to the supply of Goods. Pagu Fashion’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
2. The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify Pagu Fashion, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.
3. Pagu Fashion does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.
4. Further to clause 3, the Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies Pagu Fashion against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless Pagu Fashion retakes possession of the Goods in accordance with clause 9.
LINKING TO THIS WEBSITE
1. The Website may provide links to websites and access to content from third parties, including users and affiliates of Pagu Fashion.
2. The Customer agrees that Pagu Fashion is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.
3. To the fullest extent permitted by law in no way will Pagu Fashion, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.
WAIVER
1. The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.
2. The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.
3. Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.
FORCE MAJEURE
If the performance of Pagu Fashion’s obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Pagu Fashion, Pagu Fashion will not be liable for any loss or damage suffered by the Customer or any other person and Pagu Fashion will give the Customer written notice if the force majeure event has continued unabated for 30 days.
GOVERNING LAW AND JURISDICTION
These Terms contained herein shall be governed by the laws of Queensland, Australia and the Customer submits to the exclusive jurisdiction of the Courts of Queensland to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.
SEVERABILITY
1. The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.
2. The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.