Terms and Conditions
Terms and Conditions
Acknowledgement and acceptance of Terms and Conditions
- The website http://www.peachandmay.com is owned and operated by Peach and May (ABN 97 908 382 251)
- If you do not agree to any Terms and Conditions, you must not use or continue to use the Website.
- Peach and May reserves the right to amend the Terms and Conditions from time to time in its sole discretion and, by using the Website at any time, you acknowledge that you have read, understood and agree to be bound by the current Terms and Conditions in use.
- If you do not understand any of the Terms and Conditions, or if you have any questions, please contact Peach and May at firstname.lastname@example.org or by using the contact page at https://peachandmay.com/pages/contact-us
Availability and characteristics of goods
- You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable.
- We reserve the right to withdraw or suspend any good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Peach and May will not be liable to you for any loss (consequential, direct or indirect) you or any third party may suffer as a result of a withdrawal or suspension of availability with respect to a particular good.
- Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will contact you.
- You acknowledge and agree that:
- all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
- you have read and fully understand and accept any corresponding written description of the Goods prior to submitting your Order;
- the colour of Goods as shown on the Website may vary slightly or in shade in real life;
- the designs and characteristics of products, may differ to images including wood grain and colour;
- we reserve the right to make any changes to internal specifications of our Goods or minor external changes where necessary which may not be displayed or apparent from the Website. These will be apparent if orders are placed at different times;
- where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access); and
- any accessory featured with the Goods is or may be for illustration purposes only, and may be sold separately.
Placing Orders for Goods
- You may place an Order through the Website by submitting the electronic Order form on the Website.
- In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Peach and May will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an order by you.
- You also agree to obtain consent to provide Peach and May any personal details for nominated recipients of gifts.
- Once you submit your order, cancellations of your order or changes to the goods in your order cannot be made (unless changes to the order are made by agreement with Peach and May and any cancellations are otherwise in accordance with these Terms and Conditions). You must check your Order carefully prior to submitting your Order with us.
- Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order.
- You agree to make your own enquiries to verify information provided and to assess the suitability of goods before you order the goods.
Acceptance and rejection of Orders
- Goods displayed on the Website do not constitute an offer to sell.
- Orders placed by you on the Website are offers to purchase particular goods on these Terms and Conditions at the price specified (plus the Delivery Fee) at the time you submit your order.
- When we accept an Order, it represents an agreement by Peach and May to supply you with the goods in accordance with the order and these Terms and Conditions.
- To the extent permitted by law, Peach and May reserves the right to accept or reject your Order for any reason (or no reason) at any time including, but not limited to, the unavailability of any Good, an error in the price or Good description, an error in your order or the discontinuance of a promotion.
- In the event that we reject an Order under the above clause, we will notify you of that rejection and the reason for rejection via email. Peach and May will not be liable to you for your loss or that of any third party for the rejection of an Order.
- If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order under and we will endeavour to notify you of that rejection via phone or email. Peach and May will not be liable to you for your loss (consequential, direct or indirect) or that of any third party for the rejection of an Order.
Price and Payment
- Unless otherwise stated, all Prices, Delivery Fees and other charges quoted are in Australian Dollars and where applicable.
- The Price in respect of a Good is specified on the Website.
- Peach and May reserves the right to change or alter Prices of Goods on the Website for any reason and without notice to you, unless you have already submitted an Order at a stipulated Price and that Order has been accepted by us, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error).
- In respect of any Order, we will charge you and you agree to pay:
- the Price (which is the Price at the time the Order is submitted); and
- the Delivery Fee.
- You can pay for your Goods by any of the methods specified on the electronic Order form on the Website, which includes but are not limited to credit card or PayPal. When paying by credit card, you authorise Peach and May to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
- You acknowledge and agree that any payment in respect of an Order must be cleared by Peach and May to its satisfaction before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In such instances we cannot and will not hold the Goods against your Order and we do not guarantee that the Goods will be available should you try to Order again. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
- In ordering, paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
- You will receive a tax Invoice by email once payment in respect of your Order has been processed and cleared pursuant to clause
Shipping and Delivery
- Peach and May uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.
- For information on delivery fees and expected timeframes, please consult our Shipping Policy at https://peachandmay.com/pages/shipping-policy
- We cannot guarantee that Orders that are split will be delivered on the same day.
- From time to time, Peach and May and Peach and May’s Delivery Agent may not be able to achieve the delivery time frames. You acknowledge and agree that notwithstanding anything else in this clause:
- Peach and May cannot guarantee that delivery will occur in the delivery time frames;
- delivery time frames may change from time to time due to unforeseen circumstances; and
- Peach and May is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery by Peach and May's Delivery Agent.
- During major sales events and other periods of peak delivery (for example Christmas) Orders may experience delivery delays.
- Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.
- If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age at the time of delivery and capable of receiving delivery on your behalf, and you agree that our Delivery Agent will be entitled to rely on the appointed representative's instructions as if they were your own instructions.
- You or your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If you or your representative refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay any associated fees for redelivery.
- If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
- Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If the Goods are not as ordered, there are Goods missing or there is obvious damage to the Goods due to transit, you must contact Peach and May Customer Service within 7 Business Days.
- We do not allow personal pick up
- Insurance is not available in respect of your Order.
- We endeavour to depict Goods available for Order using accurate images of the Goods. At times, however, Goods actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.
Title and Risk
- We retain ownership of Goods you Order until payment is received in full for those Goods together with the Delivery Fee and other charges.
- Risk in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
- Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you must carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods in accordance with these Terms and Conditions.
- Where we reject or cancel your Order under these Terms and Conditions, and your payment for the Goods has already been processed, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Peach and May is not liable with respect to any loss (consequential, direct or indirect) you or any third party might suffer as a result of any delay in processing or paying your refund.
Refunds, returns and exchanges
Items can be returned for a replacement, store credit or a full refund in the following circumstances:
- The item was delivered to the order address less than 7 days ago and;
- One or more of the following apply:
- The item arrived damaged, broken or unfit for purpose or;
- The personalisation on a custom item does not match the specifications submitted by the purchaser or;
- The item that arrives is incorrect and does not match the item ordered
In all circumstances above, we are happy to prioritise your order and provide a replacement as soon as possible if this is the option you'd prefer.
- Unfortunately, as many of our items are personalised, we do not accept refunds or exchanges for change of mind. If you spot an error in your personalisation notes, please contact us immediately to avoid any charges as the personalisation process may not yet have begun.
- All refunds and exchanges must be made by contacting email@example.com with information regarding your order to process a refund or exchange where possible.
- Peach and May require Goods to be returned via Registered Post (in accordance with the Packing Confirmation) at your own cost. Peach and May will not be responsible for items lost in transit.
- No postal exchange service is provided.
- It is a condition of Visa, MasterCard and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Peach and May is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
Promotions and Discounts
- Peach and May may run temporary promotions and offer discounts on Goods sold through the Website. Such promotions will be subject to additional terms and conditions (as specified with the offer). You should read these terms and conditions carefully
- All reference to times in promotions are based on the local time in Sydney, Australia unless otherwise stated.
Warranties you make to Peach and May
- You represent and warrant to Peach and May that:
- all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Peach and May;
- any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
- in placing your Order, you have read, understood and agreed to these Terms and Conditions; and
- complied with all Laws.
Exclusion and limitation of liability
- We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
- Other than expressly stated in relation to particular Goods, Peach and May and its affiliates, directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, material or Goods included on the Website, except as otherwise provided under applicable laws.
- Subject to any rights you have under any consumer protection law, Peach and May excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.
- Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
- To the maximum extent permitted by applicable law, neither Peach and May, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:
- the Website
- your use of the Website and any sites linked to the Website;
- any information obtained through the Website;
- Goods supplied to you following your use of the Website;
- reliance on or failure to act, on any information or service contained on or accessed through the Website;
- a withdrawal or suspension of availability of a Good;
- errors, mistakes, inaccuracies or omissions on the Website;
- personal injury or property damage of any nature resulting from your access to or use of the Website;
- any unauthorised access to or use of our secure servers and/or Personal Information and/or financial information stored on those servers;
- any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party;
- the quality of any product or service of any linked sites; or
- an inability to use the Website or with any delay in using the Website including, but not limited to, any interruptions to or cessation of access to the Website,
- in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.
- Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you directly or indirectly cause or contribute to any of the loss or damage.
- You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms and Conditions.
- We may suspend or limit your access to the Website in our absolute discretion without notice or liability to you for any reason including:
- if you breach any one of these Terms and Conditions;
- if we are required to do so by applicable law;
- if you use the Website for any activities which breach any applicable laws, regulations, standards or codes, or infringe a third party's rights or privacy;
- if you tamper with, hinder the operation of or make unauthorised modifications to the Website including the storage or transmission of any virus or disabling feature to the Website;
- if you make any fraudulent, speculative or vexatious enquiries;
- if you provide false information when using the Website;
- if you attempt to do any of the above acts or permit or assist another person to do any of the above acts.
- Peach and May reserves the right to, at its discretion, terminate these Terms and Conditions and your access to and use of the Website:
- for Peach and May’s convenience, at any time, upon provision of notice to you;
- if Peach and May reasonably believes that you have breached any of these Terms and Conditions, and that breach is not capable of immediate remedy; or
- if you have been provided with notice of the breach, and you have failed to remedy that breach within 7 days (where the breach is able to be remedied).
- The exclusions and limitations of liability made by us in these Terms and Condition will survive termination or suspension of your access to the Website.
- Peach and May reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Peach and May with respect to that Order.
- Peach and May may give notice to you by electronic mail. You may give notice to Peach and May by electronic mail to Peach and May customer service.
- Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.
- The Website may be accessed throughout Australia and overseas. Peach and May makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.