TERMS AND CONDITIONS

TERMS AND CONDITIONS

Terms and Conditions of Trade (T&C)
Last Updated On: 17th March 2020

1. General

The following constitute Peptame’s general Terms and Conditions of Trade (T&C). All orders for Products or Services placed with Peptame Pty Ltd are subject to these T&C regardless of the channel used to place the orders. Peptame reserves the right to alter these T&C as and when necessary. The onus is on the Customer to check the company’s updated T&C.

2. Legal Age and Consent

By agreeing to these Terms and Conditions, you, the Customer, represent that you are at least the age of a legal adult in your country, state or province of residence, or that you are the age of a legal adult in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site and accept liability for your minor dependents’ use of this site. If you are not a legal adult you may use Peptame’s services only with the involvement of a parent or guardian.

3. Prohibited Use of our Services and Website

• You may not use our Products or Services for any illegal or unauthorised purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
• You must not transmit any worms or viruses or any code of a destructive nature in the use of our website.
• A breach or violation of any of the Terms will result in an immediate termination of your Services.

4. Orders

• The products and services displayed on our website are an invitation to you to do business with us. By placing an order on our website, you are making an offer to us which we accept here at Peptame in Australia when we agree to accept your order, process payment and ship the product to you. You appoint Peptame as your agent for the purpose of arranging the shipping of the product you purchase to you at your selected destination.
• Where the Customer makes a purchase, Peptame shall not be deemed to have accepted such a purchase unless it does so in writing or otherwise commences set-up and delivery of the purchase.
• Formal acceptance and confirmation of the purchase will include individual and organisation details and addresses, payment requirements, and any additional conditions to the Terms between the parties.
• The confirmation of the purchase may be received by email but where a purchase is made by telephone Peptame will confirm the details of the order in writing.

4.5. Orders may be placed by visiting the websites www.peptame.com where Customers may pay for Peptame Products by direct bank transfer, PayPal or credit card. PayPal and credit card payments incur a surcharge covering the transaction cost at market value, which are currently 3.5% and 1.5% respectively. These surcharges shall be altered as necessary. Credit card holders are subject to validation checks and authorisation by the credit card issuer. Peptame reserves the right to charge customer credit/debit cards provided prior to or after dispatch of their orders. In the event of suspicious/fraudulent transactions claimed, the Customer agrees to allow Peptame to provide all details of the transaction – including personal information and shipping details – to the relevant authorities for further investigation.

4.6. When you place an order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.

4.7. All are, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.

5. Delivery

• Peptame will endeavour to dispatch all orders within 24 business hours of receiving the Customer’s payment, subject to stock availability. Order delivery will be made to the address submitted by the Customer upon creation of their profile or placement of order. Peptame does not accept PO Box addresses for deliveries. Delivery times quoted by Peptame are merely indicative and depend on external factors such as traffic conditions, customs clearance and carrier availability. Peptame shall not be held liable under any circumstances for any losses incurred by Customers as a result of delayed delivery.

• The Customer acknowledges that Peptame is taken to have discharged its duty in relation to delivery of goods when Peptame has transferred the goods to independent courier services with instructions to deliver to the Customer, and it will be up to the Customer to arrange any additional insurance they may require against delayed delivery or non-delivery. Unless agreed otherwise in writing by Peptame, the Customer pays all shipping, import, clearance, and other costs.

• Peptame dispatch all orders with independent courier services who may require the customer to be present at the delivery address to sign for their delivery. If the courier company fails to deliver to the customer’s address for any reason, Peptame reserves the right to charge the customer the cost incurred to redeliver, store the goods, return them to sender, and re-send again.

6. Returns

• All returns must be pre-authorised by Peptame within 7 days of shipment. Peptame shall not accept any returns made once the original packaging or the Products have been opened. The cost of returns is covered by the Customer, and Peptame will only credit the cost of the items returned after deducting the shipping cost, regardless of whether this cost was charged to the Customer or not. Any items returned to Peptame that are not in their original, brand-new condition and without the accompanying proof of purchase, shall be returned to the Customer at their own cost and no credit will be issued. As hair extensions are classed as “Human Products”, health and safety regulations restrict businesses from selling open/used packages.
• In the case of authorised returns, shipping costs are not refundable, and return shipping costs are at the Customer’s expense.

7. International Transactions

• International Customers must ensure there is no restriction on importing Peptame Products into the country of delivery, and are responsible for organising customs clearance and paying any taxes and duties incurred. Should the Customer fail to clear the goods in their country of delivery, Peptame will only refund the amount received upon deducting the freight charges incurred for the delivery and collection of the goods to and from the destination. Peptame may elect at liberty to have the goods destroyed if the cost of returning them exceeds the amount originally paid to Peptame.
• The company reserves the right to issue a credit or refund to the Customer when Products are unavailable for deliveries.
• All risks associated with the Products become the Customer’s responsibility once the goods leave the Peptame warehouse. The Customer must therefore organise their own insurance to cover goods in transit and until they are delivered to them.

8. Delinquent Accounts

• By placing orders with Peptame, the Customer agrees to have their credit card on file charged for the transaction, unless alternative payment has been arranged. If any Customer account becomes delinquent, the Customer agrees to pay all costs incurred by Peptame to collect their payment, including but not limited to mercantile agents’ commission, late interest and legal fees, in addition to the cost of the products.
• In the event that a Customer has overdue bills to Peptame, the latter reserves the right to allocate funds paid for new orders against the old overdue account and decide at liberty whether to fulfil or cancel the new orders.

9. Intellectual Property

All Intellectual Properties associated with Peptame advertising materials, including but not limited to images, videos, logos, posters, banners and flyers etc, whether provided in soft or hard copies, remain the sole property of Peptame and must be returned to the company upon request. Customers must discontinue using the Peptame names, IPs, logos and images once their collaboration with Peptame has been terminated and/or as and when requested by Peptame.

10. Information

To the fullest extent permissible by law, you agree that we are not responsible if information made available on this site is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information, and should not be taken as expert information. Any reliance on the material on this site is at your own risk.

11. Promotional Use of Stockist and Distributor Information

The private information of Stockists and Distributors shall be treated in accordance with our Privacy Policy as available on our website. Stockists and Distributors agree to allow Peptame to use their names, social media posts, and testimonials in the promotion of Peptame’s business and activities.

12. Third-Party Websites

Any links to a third party or social media website is provided for convenience and reference only, and do not constitute a recommendation or endorsement of anything a user may find at such a third-party website. All parties agree that Peptame is not liable for any misinformation arising from visiting any third-party website and that visitors to any third-party website through Peptame’s links do so at their own risk.

13. Professional Products

• Most of Peptame Products must only be purchased and applied by qualified hairdressers. Peptame does not agree to the use of Peptame products outside their application by qualified hairdressers, and accepts no liability whatsoever for claims made by any third party using the products outside the specified purpose described above.
• Any challenges experienced by end customers must be managed by the Salon, the Hairdresser, or the Wholesaler who has purchased the Products from Peptame. Peptame will only assist the Qualified Professionals or the approved Wholesalers in troubleshooting any challenges with Products purchased directly from Peptame.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Products supplied by Peptame, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

14. Products and Care

As we have no control and no way to verify hair care once the product is purchased, please ensure below warnings are read carefully prior to making a purchase:

1. We do not offer any warranty once the product is opened and used.
2. If you find the product is not as described or defective, please return for a credit prior to using.
3. Once the product has been used or opened no claims or liability will be accepted to the fullest extent permissible by law. We are not responsible for any performance issues or any other issues which are not due to the quality of manufacture of the product.
4. By opening and using this product, you agree that you have read and agree with our terms and conditions and product instructions found on our website.
• Should a Customer experience a problem with any Peptame Product, Peptame reserves the right to request the Products be returned to Peptame’s warehouse for assessment and testing. No credit will be issued if the Product is deemed ok by Peptame.

15. Training and Cancellations

Peptame provides training to certain types of Customers, or Customers purchasing certain product packages. Should the Customer cancel a training session more than 24 hours after booking it, Peptame remains at liberty to cancel the session without booking a replacement. In such cases, Customers forfeit their chance to a free training session, and Peptame may charge the Customer to book a new training. The cost will cover the trainer’s fees, travel and accommodation costs, if applicable.

16. Jurisdiction and Dispute Resolution

The laws of New South Wales govern these Terms and any dispute of any sort that might arise between the parties. Any dispute relating in any way to these Terms will only be adjudicated in the courts of New South Wales. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates’ or any third party’s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to these Terms.

17. Peptame not liable for failure which is outside the control of Peptame

Peptame shall not be in default or be liable for failure to observe or perform in accordance with these Terms for any reason or cause which is outside of the reasonable control of Peptame, including without limitation, war, insurrection, riot, civil commotion, strikes, lockouts, industrial disputes, acts of god, act of governments, flood, storm, tempest, power shortages or power failure, or an inability to obtain sufficient labour, raw materials, fuel or utilities.

18. Definitions

Customer means any user of the Peptame Website at www.peptame.com or any other person who purchases or intends to purchase any Products by any other means from Peptame.
Order means any order made through the Peptame Website’s e-commerce functions, over the phone, by email or in person at any physical location where Peptame may conduct sales.
Products mean any item offered for sale through the Peptame Website or in any other capacity by Peptame.
Service means any task performed for the client by Peptame through the Peptame Website or through any other means.
Terms mean the terms of this agreement.

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