Terms Of Service
OVERVIEW
These Terms of Service apply to your use of the PALLIS website and to purchases made through our online store.
Throughout these Terms, PALLIS, we, us and our refer to PALLIS. You and your refer to the person using the website or purchasing from us.
By using the website or placing an order, you agree to these Terms of Service. Our Shipping, Warranty & Returns and Privacy Policy pages, and any other policies expressly referred to on the website, also apply to your use of the website and your purchases.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or the consumer laws of your country.
CHAPTER 1 — ORDERS
We make every effort to ensure that products shown on the website are available and that product information and pricing are accurate.
When you place an order, you are offering to purchase the products in your order. Your order is accepted when we confirm it and receive payment, subject to these Terms.
We may decline or cancel an order where reasonably necessary, including where:
a product is unavailable;
an obvious pricing or product information error has occurred;
payment has not been authorised or cannot be processed;
we reasonably suspect fraudulent, unauthorised or unlawful activity;
information provided with the order is materially inaccurate or misleading;
an order exceeds a stated purchase limit; or
an order appears to have been placed for unauthorised resale or commercial distribution.
If we cancel an order after payment has been received, the amount paid for the cancelled order will be refunded in full.
CHAPTER 2 — LIMITED RELEASES
PALLIS collections may be produced and released in limited quantities.
Where a purchase limit applies to a collection or release, the limit will be stated on the relevant product page or communicated during the purchasing process.
We may limit or cancel orders where multiple orders appear to have been placed for the purpose of circumventing a purchase limit, securing stock for resale, or otherwise preventing fair access to a limited release.
CHAPTER 3 — PRE-ORDERS
Some PALLIS products may be offered on a pre-order basis.
A pre-order is an order placed and paid for before the product is ready for dispatch. Where a product is offered as a pre-order, this will be clearly stated on the relevant product page together with the estimated dispatch timeframe available at the time.
Pre-order timeframes are estimates. Production, quality control, manufacturing, freight and other circumstances may affect the timing of a release.
If there is a material change to an expected delivery timeframe, we will provide an update. You may cancel a pre-order for a full refund at any time before it is dispatched by contacting us.
If PALLIS is unable to supply a pre-ordered product, we will notify you and provide a full refund or other remedy required by law.
Nothing in this section limits your rights under the Australian Consumer Law or the consumer laws of your country.
CHAPTER 4 — PRICING & PRODUCT INFORMATION
Prices are displayed in the currency of your delivery country where available, and otherwise in Australian dollars. For orders delivered to New Zealand, Canada, the United Kingdom and the United States, prices include all applicable import duties and taxes.
We take reasonable care in preparing product descriptions, specifications, imagery and pricing. From time to time, an error or omission may occur.
If we identify an obvious pricing or product information error after an order has been placed, we may contact you to clarify the error. If the order cannot reasonably be fulfilled on the basis of the incorrect information, we may cancel the affected order and provide a full refund.
Prices, availability and product specifications may change from time to time. Changes will not affect an order that has already been accepted, except where permitted or required by law.
CHAPTER 5 — PRODUCT APPEARANCE
We make reasonable efforts to represent our products accurately through photography, imagery and product descriptions.
Colours and finishes may appear differently depending on lighting, photography, display settings and individual devices.
PALLIS eyewear may contain materials that naturally vary in colour, texture or finish. Minor variations consistent with the characteristics of those materials or the manufacturing process are not, by themselves, manufacturing defects.
Nothing in this section affects your rights under the Australian Consumer Law or the consumer laws of your country.
CHAPTER 6 — RETURNS
PALLIS offers a 14-day change-of-mind return period.
To make a change-of-mind return, please let us know within 14 days of the delivery date and return the piece within 14 days of contacting us.
To be eligible for a change-of-mind return, the eyewear must be:
unworn beyond trying on;
in its original condition;
free from marks, damage or signs of wear; and
returned with all original packaging and included accessories.
Refunds are made to the original payment method within 14 days of receiving the return. Where a piece is returned worn or damaged, we may reduce the refund to reflect this.
Unless otherwise stated, return shipping costs for change-of-mind returns are the responsibility of the customer.
This change-of-mind policy does not affect any rights you may have where a product is faulty, defective or otherwise fails to meet a consumer guarantee.
CHAPTER 7 — CONSUMER GUARANTEES
PALLIS products come with guarantees that cannot be excluded under the Australian Consumer Law, and may be protected by consumer laws in your country.
If a product does not meet a consumer guarantee, you may be entitled to a repair, replacement, refund, cancellation or compensation, depending on the nature and seriousness of the problem.
Where you contact us about a product issue, we may ask for reasonable information about the problem and may need to inspect the product before determining the appropriate remedy.
Nothing in these Terms, our Warranty & Returns policy or our warranty limits or excludes any right or remedy that cannot lawfully be limited or excluded.
CHAPTER 8 — PALLIS WARRANTY
In addition to your rights under the Australian Consumer Law and the consumer laws of your country, PALLIS provides a 12-month limited warranty against manufacturing defects in materials and workmanship, commencing from the date of delivery.
This warranty is additional to your consumer guarantee rights and does not replace them.
The warranty does not cover damage resulting from accident, misuse, improper care, unauthorised modification or repair, or ordinary wear and tear, except where caused by a manufacturing defect or where applicable law provides otherwise.
To make a warranty claim, contact us at hello@palliseyewear.co. We may ask for your order details, photographs or other information reasonably required to assess the issue, and may ask that the product be returned for inspection.
Where a manufacturing fault is confirmed, we will arrange a repair, replacement or refund as appropriate, and cover the cost of return shipping.
Your consumer guarantee rights may continue after the expiry of this 12-month warranty.
For customers in the United States, this warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
CHAPTER 9 — DELIVERY
We provide estimated delivery timeframes during the purchasing process or elsewhere on the website.
Unless expressly stated otherwise, delivery timeframes are estimates.
Where available, tracking information will be provided once an order has been dispatched.
If your order is delayed, lost or otherwise affected during delivery, please contact us so that we can investigate and assist.
Nothing in this section limits any rights you may have under the Australian Consumer Law or the consumer laws of your country.
CHAPTER 10 — INTERNATIONAL ORDERS
PALLIS currently ships to Australia, New Zealand, Canada, the United Kingdom and the United States. Shipping to the European Union is not yet available.
Shipping to all destinations is complimentary. International orders are shipped on a Delivered Duty Paid (DDP) basis, meaning all import duties, tariffs, customs charges and import taxes are included in the price shown at checkout. Customers will not be required to pay any additional charges to receive their order.
Customers are responsible for ensuring that their order may lawfully be imported into their destination country.
CHAPTER 11 — PAYMENT & ORDER INFORMATION
You are responsible for providing accurate billing, shipping and contact information when placing an order.
We may decline or cancel an order where payment cannot be authorised or where information provided is materially inaccurate or misleading.
We may also limit or cancel connected orders where reasonably necessary to enforce purchase limits or prevent unauthorised resale or other misuse of a limited release.
CHAPTER 12 — RESALE
PALLIS products are intended for personal use unless otherwise agreed with us.
You must not purchase PALLIS products for commercial resale, distribution or wholesale purposes without our prior written approval.
We may limit or cancel orders where we reasonably believe they have been placed for unauthorised resale, distribution or bulk purchasing.
CHAPTER 13 — WEBSITE USE
You may use the PALLIS website for lawful purposes and in accordance with these Terms.
You must not:
interfere with the operation or security of the website;
attempt to gain unauthorised access to our systems;
introduce viruses, malicious code or other harmful material;
scrape, copy or systematically collect website content without our permission;
use the website for fraudulent or unlawful activity;
impersonate another person or provide materially false information; or
circumvent security, purchasing or access controls.
We may restrict access to the website where reasonably necessary to protect PALLIS, our customers, our systems or the integrity of a release.
CHAPTER 14 — INTELLECTUAL PROPERTY
The PALLIS name, trademarks, logos, product designs, photography, imagery, graphics, written content, campaign material and other intellectual property displayed on the website are owned by PALLIS or used under licence.
You may not reproduce, modify, distribute, publish or commercially use PALLIS intellectual property without our prior written permission, except where permitted by law.
Nothing on the website grants you a licence to use PALLIS intellectual property beyond what is necessary to use the website for its intended purpose.
CHAPTER 15 — THIRD-PARTY SERVICES
The website may use third-party services, including payment, delivery, analytics and other technology providers.
We may also provide links to third-party websites.
Third-party services and websites are governed by their own terms and policies. PALLIS is not responsible for the content, availability or operation of third-party services to the extent permitted by law.
CHAPTER 16 — WEBSITE AVAILABILITY
We aim to keep the website available and operating properly, but we do not guarantee that it will always be uninterrupted, secure or free from errors.
We may temporarily suspend or modify the website for maintenance, security, updates or other operational reasons.
CHAPTER 17 — PRIVACY
Your use of the website and the personal information you provide to us are governed by our Privacy Policy.
Our Privacy Policy explains how we collect, use, store and disclose personal information.
CHAPTER 18 — LIABILITY
To the maximum extent permitted by law, PALLIS is not liable for indirect, incidental, special or consequential loss arising from your use of the website.
Nothing in these Terms excludes, restricts or modifies any liability, right, guarantee or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law, the consumer laws of your country or other applicable legislation.
Where liability can lawfully be limited, it is limited to the maximum extent permitted by law.
CHAPTER 19 — EVENTS OUTSIDE OUR REASONABLE CONTROL
We are not responsible for delay or failure to perform an obligation where the delay or failure results from circumstances outside our reasonable control, including significant disruption to manufacturing, supply chains, freight, payment systems, natural events, government action, industrial disputes or other circumstances that could not reasonably have been prevented or avoided.
Where such circumstances affect an order, we will take reasonable steps to communicate material delays and provide any remedy required by law.
CHAPTER 20 — CHANGES TO THESE TERMS
We may update these Terms from time to time by publishing a revised version on the website.
The Terms applying to an order are those in effect when that order is accepted, unless a change is required by law or otherwise agreed with you.
CHAPTER 21 — SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, that provision will be read down or severed to the extent necessary. The remaining provisions will continue to apply.
CHAPTER 22 — GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia.
Subject to any mandatory rights you may have under the consumer protection laws of your country, including the right to bring proceedings in your local courts, the courts of New South Wales will have jurisdiction over disputes arising in connection with these Terms or your use of the website.
CHAPTER 23 — CONTACT
For questions regarding these Terms, an order, return or warranty claim, please contact us:
PALLIS
[Business address], Australia
hello@palliseyewear.co