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Terms & Conditions

The Agreement

In addition to the Terms of Use, these terms and conditions ("the Purchase Terms") set out the additional terms and conditions under which you may purchase from Kmart products appearing on this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and Pinnicle once Pinnicle accepts an order. Each accepted order is a separate agreement.

Customer Application

You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Pinnicle if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.

Orders

You place an order with Pinnicle by selecting products and pressing the "Buy Now" button on the checkout page. Pinnicle reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Pinnicle at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Pinnicle upon Pinnicle acknowledging such order or failing to reject such order within 14 days. We only accept orders from any and all countries in the World.

Product Availability

Pinnicle uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and Pinnicle may need to reject an order you have placed for a product where Pinnicle establishes that it is actually unavailable for delivery. In such cases Pinnicle will refund in full all amounts you paid in respect of such unavailable product. Pinnicle cannot provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.

Payment

You must pay for your products purchased on this website at the time of placing an order. We accept Paypal and all major credit cards including Mastercard, American Express, Diners Club and Visa. Products may also be purchased using Afterpay, subject to Afterpay’s terms www.afterpay.com/terms.

Variation of Products and Price

Pinnicle may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Pinnicle may change it's availability of products and product catalogue at anytime without prior notice. 

Delivery

Delivery terms included delivery areas, delivery costs and estimated delivery times are contained in Pinnicle's Delivery Policy. The Delivery Policy is expressly incorporated in these Purchase Terms. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.

Returns

Return claims (including for replacement products, refunds or credits) are detailed in Pinnicle’s Returns Policy. The Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.

Customer Product Review terms and conditions

These Terms of Use govern your conduct associated with the Product Review service (the "PR Service") offered by Kmart Australia. To the extent of any conflict between Kmart Australia's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the PR Service.

By submitting any content to Kmart Australia, you represent and warrant that:

  • you are the sole author and owner of the intellectual property rights thereto;

  • all "moral rights" that you may have in such content have been voluntarily waived by you;

  • all content that you post is accurate;

  • you are at least 18 years old;

  • use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • that is known by you to be false, inaccurate or misleading;

  • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

  • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

  • for which you were compensated or granted any consideration by any third party;

  • that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;

  • that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Kmart Australia (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Yotpo, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Kmart Australia (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Yotpo, Inc.) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Kmart Australia's sole discretion. Kmart Australia reserves the right to change, condense or delete any content on Kmart Australia's website that Kmart Australia deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Kmart Australia does not guarantee that you will have any recourse through Kmart Australia to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Kmart Australia reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Kmart Australia, are responsible for the contents of your submission.

None of the content that you submit shall be subject to any obligation of confidence on the part of Kmart Australia, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that Kmart Australia and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

By submitting your review you are also consenting to the use of your name, to be published in conjunction with your review.

Terms Of Use

 
 

Terms of Use

 

Pinnicle Apparel ABN 7741992849 "Pinnicle" owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions ("Terms of Use"). If you do not agree to the Terms of Use, please do not use this website.

Ownership of Website and Content

 

Unless otherwise stated, all content and other materials featured on the website are owned by Pinnicle, which also controls the website. The content of this website is protected by copyright under Australian law and cannot be used without Pinnicle's express written consent. Without the previous written consent of Pinnicle or the applicable trade mark owner, no trade mark (whether registered or not) displayed on this website may be used in any manner.

Security

Pinnicle cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.

 

Third Party Content

This website links to websites run by other parties or contains information from those websites. Pinnicle just offers these links and information for your convenience and is not liable for or supportive of the information or websites they lead to.

 

Revisions

By posting updated terms, Pinnicle may at any time and at its sole discretion modify these Terms of Use or the Terms of Purchase below. These modifications take effect right away. You acknowledge that the remaining provisions of the Terms of Use and the Terms of Purchase shall survive the invalidity or unenforceability of any provision to the fullest extent permitted by law.

Liability

The correctness, completeness, currency, and reliability of the material on this website are not guaranteed by Pinnicle, who distributes it and its contents on a "as is" basis. For any direct, special, indirect, or consequential loss or damage (including loss of profits or loss of data) resulting from or related to this website, Pinnicle will not be liable to you under any contract, tort (including negligence), or other legal theory.

 

Your Privacy is Important

We are committed to protecting the privacy of everyone who shops or interacts with us. Pinnicle's Privacy Policy sets out our commitment to you on privacy, including our use of "cookies".

Governing Law

Pinnicle operates from Australia. The laws of the State of Victoria govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.

Terms Of Product Purchase

The Agreement

These terms and conditions ("the Purchase Terms") set forth additional terms and conditions under which you may purchase from Pinnicle products available on this website, in addition to the Terms of Use. Once Pinnicle accepts an order, an agreement between you and Pinnicle is established by finishing the customer application procedure and making purchases from our website. Every approved order constitutes a separate contract.

Customer Application

Before placing any orders, you must complete the client application process. You guarantee that all of the information and data you submit is true, complete, and current. If any of this information or any of the data changes, you will contact Pinnicle right away. You are accountable if an unauthorised person uses your login and password, so you must take responsibility for keeping them secure.

Orders

You place an order with Pinnicle by selecting products and pressing the "Buy Now" button on the checkout page. Pinnicle reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Pinnicle at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Pinnicle upon Pinnicle acknowledging such order or failing to reject such order within 14 days. We only accept orders from any and all countries in the World.

Product Availability

Pinnicle makes every effort to ensure that the products you order are available for delivery, and will typically let you know if a product isn't available before you submit your order. You understand, however, that there may be instances in which this is not practicable, and Pinnicle may need to refuse a product order you have placed if Pinnicle determines that it is truly not available for delivery. In these situations, Pinnicle will fully reimburse or credit all payments you made for the unavailable goods. Pinnicle retains the right to limit product sales to fair or typical home quantities and is unable to offer rain checks for online purchases.

Payment

You must pay for your products purchased on this website at the time of placing an order. We accept all major credit cards including Mastercard, American Express, Diners Club and Visa. 

Variation of Products and Price

Pinnicle may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Pinnicle may change it's availability of products and product catalogue at anytime without prior notice. 

Delivery

In Pinnicle's shipping policy, delivery terms such as delivery zones and delivery fees are covered. However, depending on the product and the country of purchase, delivery timeframes may vary. These Purchase Terms specifically reflect the Shipping Policy. When the products are delivered to your designated delivery address, you assume risk in them, and title is transferred once the purchase price has been paid in full.

Returns

Return claims (including for replacement products, refunds or credits) are detailed in Pinnicle's Returns Policy. The Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.

Customer Product Review terms and conditions

These Terms of Use govern your conduct associated with the Product Review service (the "PR Service") offered by Pinnicle. To the extent of any conflict between Pinnicle's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the PR Service.

By submitting any content to Pinnicle, you represent and warrant that:

  • you are the sole author and owner of the intellectual property rights thereto;

  • all "moral rights" that you may have in such content have been voluntarily waived by you;

  • all content that you post is accurate;

  • you are at least 16 years old;

  • use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • that is known by you to be false, inaccurate or misleading;

  • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

  • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

  • for which you were compensated or granted any consideration by any third party;

  • that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;

  • that contains any computer viruses, worms or other potentially damaging computer programs or files.

You acknowledge that your breach of the representations and warranties set forth above, or your violation of any law or the rights of a third party, will subject Pinnicle (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers) to claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees.

For any content that you submit, you grant Pinnicle (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

Your submitted content may be used in any way Pinnicle sees fit. Any content on Pinnicle's website that Pinnicle determines, in its sole discretion, violates the content guidelines or any other condition of these Terms of Use may be changed, condensed, or removed. Pinnicle makes no promises regarding your ability to alter or remove any uploaded content using Pinnicle. The posting of ratings and written comments typically takes two to four business days. However, Pinnicle has the right to decline to post any material for any reason or to remove it altogether. You accept that the information in your submission is solely your responsibility and not Pinnicle's.

Any confidentiality obligations on the part of Pinnicle, its agents, subsidiaries, affiliates, partners, or third-party service providers, as well as each of their respective directors, officers, and employees, shall not apply to any of the content that you provide.

You consent that Pinnicle and its third-party service providers may contact you via email regarding the status of your review and for other administrative purposes by providing your email address in connection with your rating and review.

By submitting your review, you give permission for your name to be used and published with it.

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