Terms & Conditions

Introduction

The conditions of use of Pedlar Store Pty Ltd (ACN 655 606 250) (Pedlar) online platform and social media platforms and Apps (the Sites) include these terms of use; the Terms and Conditions, the Shipping & Returns Policy and our Privacy Policy, and any other terms and conditions that appear in or are linked to or from the Sites (Terms). These Terms govern your use of, and access to, the Sites.

Content

The Sites and their content are subject to copyright, and other intellectual property rights. These rights are owned by Pedlar, or in the case of some material, a third party, where the third party has provided permission to use the content. You must not otherwise reproduce, transmit (including broadcast), communicate, upload, adapt, distribute, sell, modify or publish or otherwise use any of the material from the Site, including code and software, audio and video excerpts, except as permitted by statute or with our prior written consent. Our Sites includes registered trademarks, and other marks that are otherwise protected by law.

You must not otherwise reproduce, transmit (including broadcast), communicate, upload, adapt, distribute, sell, modify or publish or otherwise use any of the material from the Site, including code and software, audio and video excerpts, except as permitted by statute or with our prior written consent.

Our Sites includes registered trademarks, and other marks that are otherwise protected by law. You may not use our trademarks without our written consent or any third party’s trademarks without their consent.

The Sites may contain links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites at your own risk.

Many of the products and services offered for sale or advertised and much of the information provided via the Site are the products, services and information of third parties. These third-party products, services and information are not provided or delivered by Pedlar. Further, we may receive fees or commissions from third parties for products or services displayed or made available on the Sites or accessible through a link on the Sites. You acknowledge and consent to us receiving such fees.

By posting or adding any content onto the Sites or otherwise supplying material or information to us by any means, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, modifying, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you supply any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

The license referred to above will survive any termination of these Terms.

You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out above.

Use of Sites

You must not misuse any Site and only use it for lawful purposes. You will not use the Sites (including any of Pedlar.store) social media sites for any activities, or post or transmit to or via the Sites any information or materials, which:

a) Breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes;

b) Interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Site;

c) Is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;

d) Commits or encourages a criminal offence, transmit or distribute a virus, Trojan, worm or post any other material which is malicious and technologically harmful;

e) That hacks or disables any part of the Sites to corrupt data, cause annoyance to other; or

f) Users, send any spam, unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any technology of or accessed through this Site. You represent and warrant that:

g) You will abide by these Terms and any policies on the Sites which may be posted and made available to you from time to time; and

h) All information provided by you is true, accurate and correct and you will notify us immediately of any changes to that information, this includes but is not limited to credit card or direct debit information.

i) If you access the Sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Sites. As the Sites may be accessed in Australia and overseas. We make no representations that the Sites comply with the laws (including intellectual property laws) of any country outside Australia.

Intellectual Property and Rights

You acknowledge and agree that the Sites and all data related to the access and use of the Sites (including all intellectual property rights in all of the foregoing) are and remain the property of Pedlar. You acknowledge and agree that you will not:

a) improperly use the Sites; or

b) use any of our names, logos or marks for any commercial purpose except as expressly for by us; or

c) try to register or otherwise use or claim ownership over any of the our names, logos or marks.

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Sites.

Indemnities

You agree to indemnify and hold us and our suppliers, affiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the “Indemnified Parties”) harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to:

a) your breach of these Terms;

b) any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you;

b) any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you;

c) any dispute or litigation between an Indemnified Party and a third party caused by your actions; and

d) your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with us or your use of the Platform. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of ours and /or our suppliers, affiliates, partners, subsidiaries and employees.

Social Media

1) Pedlar uses a number of social media sites (eg Twitter, YouTube, Facebook, Instagram and Pinterest, TikTok); but these may change over time. We reserve the right to cease any such sites in our discretion. Our own Sites may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users

2) Third party social media sites will also be governed by their own particular terms of use Pedlar does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users or members on Sites or our social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views

3) Users must not post or upload any comment, content or link to the Sites (including any social media sites) which does not comply with these Terms, including if it is defamatory, harassing, bullying, indecent or inflammatory

4) We may moderate user-posted content and may remove any content that, in our opinion, is inappropriate. While we review content regularly, there may be times when inappropriate or content is viewable before it can be removed

5) Pedlar does not undertake to inform users when such content has been moderated or removed. We may provide warnings, or otherwise block or suspend users or their account in our sole discretion.

6) Where you post or submit content to a Site, you warrant that you:

a) Have the permission of the person/s appearing in the content to submit it to the Site,

b) and for them and their image or likeness to be subject to these Terms, including use by Pedlar and our Privacy Policy

c) Have the right to submit the content (including copyright); the content is your own

d) Original creation; and that you unconditionally and irrevocably consent to any act or e) omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968 (Cth));

e) We may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns involving Pedlar) at any time in the future, and via any media;

f) Pedlar does not accept any responsibility or liability where content is downloaded from the Sites, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and we do not accept any liability for such actions; and

Any personal information you provide about yourself, or the person/s appearing in user submitted content, may be used by Pedlar to conduct campaigns, research and marketing activities (including informing you about special offers from Pedlar and to become part of databases maintained by us or any of our associated entities), and otherwise be used in accordance with our Privacy Policy.

Product Specifications

Features and specifications of Products described or depicted on the site are provided by the third-party brand sellers of the product(s) and are subject to change without notice.

To the extent permitted by law, Pedlar makes no warranty or representation regarding the standard of any goods or services to be supplied by a third-party seller on the site.

Pricing

Prices displayed on the site are subject to change without notice. Pricing is supplied by third-party Brand Sellers and is not controlled by Pedlar or any of it’s employees. Negotiation of the price is not possible.

Charging of Credit Card

If we are unable to charge a credit card due to insufficient funds or other errors, then we will attempt to contact the customer by email or via the message centre in your account to rectify the issue. If the customer does not contact us to resolve the issue within 48 hours, the order will be cancelled. Please note that stock availability and prices may change if the time between placing the order and credit card details being corrected or funds being available is delayed.

By entering into any transaction, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card/bank account number, card expiration date and address), that any transactions are authorised, and that you are the legal holder of any credit card or payment account used to enter into any transaction. By providing a method of payment pursuant to a transaction, you confirm that you are permitted to use that method of payment. You also authorise us to collect and store it, along with other information related to your transaction. You authorise us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.

In the event (a) your method of payment is not valid, (b) we determine, in our sole discretion that a transaction is unauthorised, (c) your method of payment cannot be processed at the time of any charge, or (d) any charge is disputed for any reason other than the undisputed failure by us to deliver the items purchased by you, we reserve the right to immediately terminate any pending transactions, suspend your account, thereby terminating all of our obligations to you under these Terms, and, in addition, to charge you an administrative processing fee equal to AUD$10, per instance, which charge you hereby authorise by entering into any transaction through the Sites.

Privacy

Your personal information will be collected, used and shared in accordance with the Pedlar Privacy Policy. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms. All users of Pedlar site may be subject to additional third-party Privacy Policies.

Delivery of Products

The Brand Seller, and not Pedlar, is responsible for the delivery and supply of the products to you. The Seller utilises their own shipping and distribution networks and may charge different rates for shipping on products.

We will provide you with delivery time frames and you may contact our customer service team directly to obtain an estimated delivery date and/or tracking information if not automatically provided to you following order confirmation. .Any delivery dates which may be specified on Pedlar are estimated dates only. You acknowledge that these delivery dates may vary and delays in delivery may be unavoidable.

We will try to ensure that all orders are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Pedlar does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

Shipping & Delivery

All Brand Sellers on Pedlar provide efficient shipping service throughout Australia. Delivery and Shipping is organised by the brands directly and shipping costs may vary from brand to brand.

Please refer to the Shipping and Delivery terms within the relevant Sellers/Brands product pages for information.

We ask all our brand partners on Pedlar to dispatch items within 24 hours. Please reach out to our team at hello@pedlar.store if you have any queries relating to the shipment of your order.

How do I track my order? Once your order is on it’s way, will send you a shipment email containing a tracking link and details of your order.

What are your Delivery timeframes? The standard delivery time is between 3-10 business days from when the order is placed. In the event that a product ordered is not available we will endeavour to notify you within 2 business days to arrange an alternative product or a full refund.

If your order contains products from multiple Brands, then these will be shipped to you separately. Once orders have been dispatched from the Brand, you will receive shipment and tracking information from Pedlar.

Returns & Exchanges

All returns will be at the expense of Pedlar unless otherwise specified.

Any product being returned for change of mind must be:

• In its original condition

• Unworn, unmarked and unwashed

• In the original packaging or box

• Not defective as a result of misuse

• Tags still attached

Hygiene and our customers’ safety is super important, so certain items can’t be returned for refunds including:

• Face + Body products if opened, used or protective seal is not intact

• Underwear if the hygiene seal is not intact or any labels have been broken

• Swimwear if the hygiene seal is not intact or any labels have been broken

• Face coverings if the seal has been tampered with or is broken.

• Pierced jewellery if the seal has been tampered with or is broken.

By submitting your request, you will receive an email with a returns address label and further instructions to complete your return.

If the product(s) you have returned qualifies for a refund, we will process this refund via the same payment method used to place the order. Please allow 7-10 business days from receiving a returns approval to receive your funds.

Payments

What payment methods do you accept? We accept payments via Paypal, VISA, Mastercard, Google Pay, and Apple Pay. Your account will be charged at the time of order. Please note the transaction will appear on your statement as Pedlar Pty Ltd. At this time we are unable to offer Gift Vouchers.

Faulty or Damaged Products

All goods sold on Pedlar come with guarantees that cannot be excluded by 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.

If any part of your order or products are defective or faulty, you should first contact Pedlar Customer Service team on hello@pedlar.store or through your account. We will coordinate a response from the third-party seller and will resolve any dispute in accordance with the Australian Consumer Law, this may include, at our sole discretion, replacing or repairing the product or refunding you the price of the product to your original payment method.

Cookies

Cookies are small pieces of information captured when your device is used to access online content. Pedlar Privacy Policy outlines how we use cookies. If you disable cookies on your browser or device, you may not be able to fully experience all features of the Sites

Disclaimer

Pedlar will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any Site linked to it.

No Guarantee

This clause applies only to the maximum extent permitted by applicable law, and does not (and is not intended to) override any rights that you have pursuant to applicable law, including the Australian Consumer Law. Pedlar and its related body corporates (as applicable) provide, and you accept that:

1. We make no representations, warranties or guarantees of any kind, express or implied as to the operation of our Sites or the information, content, materials or products included on our Sites, except as otherwise provided under applicable law.

2. We will not be liable for any damages arising out of, or in relation to, the use of our Sites or sites linked to our Sites. This limitation applies to direct, indirect, consequential, special, punitive or other damages suffers, as well as damages for loss of profits, business interruption or the loss of data or information.

3. You assume all risk of use of all features of a Site. You release Pedlar of all responsibility for any consequences of their use.

4. By continuing to access our Sites you agree that your access to, and use of, them is subject to these terms and all applicable laws, and is at your own risk.

5. Our Site and its content is provided to you on “as is” basis; our Sites may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our Sites will always be available or fault- or virus- free

6. Pedlar is an online platform where you may purchase products from Brand Sellers via Creator’s storefronts. Pedlar acts as a limited agent for the Brand Seller, the Creator and yourself in order to: (a) facilitate the sale and purchase of products; (b) collect payment from you and then remit payment to the Seller and Creator; and (c) provide associated support services in relation to the sale and purchase of products, We will not be a party to or in any way be responsible for monitoring any transaction between a Seller and yourself and therefore do not warrant, endorse, guarantee or assume responsibility for any product advertised or offered by a Seller through the Sites.

7. Pedlar and its related body corporates expressly disclaim all liability for any act or omission of you, any Seller or other third party.

8. Each Brand Seller is also responsible for ensuring their products or services and any related content or advertising complies with all applicable laws including the Australian Consumer Law.

Updates & Termination

You acknowledge and agree that we may:

1. vary these Terms at any time. By continuing to use the Site you consent to any variations. It is your responsibility to regularly check these Terms for any variations.

2. at any time, and in our sole discretion, suspend or terminate the access to the Site for any user without notice for any reason, including but not limited to a breach of these Terms. Suspension or termination shall not affect either party’s rights or liabilities.

3. disclose any information we may have about a user in relation to an investigation or allegation that your use of the Site breaches these Terms, or any applicable laws.

4. identify or bring legal action against any person who is or may be breaching these Terms, including obtaining injunctive relief in the relevant jurisdiction.

General

These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales without reference to conflict of law principles. These Terms will not be assignable or transferable by you without our prior written consent however we may assign these Terms without your consent .

These Terms (including all of the policies and other Agreements described in these Terms, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.