TERMS OF SERVICE
PANMI PARTS TERMS AND CONDITIONS
Panmi is proud to be able to bring you the most innovative and exciting consumer tech products. By participating in this Panmi Parts, you are committing to purchase Product, subject to the required freighting, shipping and handling times, and agree to be bound by the terms and conditions set out herein.
EFFECTIVE DATE:
9th of February 2022
DEFINITIONS
ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Anticipated Delivery Date means the expected date of delivery set out in the respective Panmi Parts Project Page.
Panmi means Panmi Pty Ltd (ACN 623 111 820) a company incorporated in Australia.
Participant means a person who complies with the conditions set out under clause 1.2 and has made payment towards the respective Panmi Parts Project pursuant to clause 5.
Product means the item/s set out under the respective Panmi Parts Page.
1.PANMI PARTS
1.1. The Terms and Conditions of this Panmi Parts Agreement covers the rights and obligations of the parties in relation to Panmi Parts.
1.2. As a condition of participating in Panmi Parts, you agree and warrant that:
(a) You are at least 18 years of age;(b) You are able to create or enter in legally binding obligations;
(c) You have created a free membership account with Panmi pursuant to clauses 3.1 & 3.2;
(d) You have provided us with accurate and up-to-date information required for us to complete our obligations to fulfil any Panmi Parts order and will continue to update us on any changes to information provided;
(e) You understand that it is your responsibility to ensure that your use of our sites and any Products will be for lawful uses, and that Panmi is not liable to inform nor educate you on any questions of legality, which may vary between different States and Territories;
(f) You have voluntarily entered into legally binding contract upon accepting our Terms and Conditions for providing our Panmi Parts Services and making payment, and acknowledge that transactions of this nature inherently carry some level of risk which is beyond Panmi’s ability to mitigate.
1.3. By clicking the “Buy Now” button on the Panmi Parts Page, you are submitting and offer to Panmi to participate in the Panmi Parts project. Your offer is not complete until you make payment pursuant to clause 5.1 & 5.1.
1.4. Panmi reserves the right to reject any offer at any time, and may cancel any contract if we reasonably believe you are engaged in any fraud or unlawful conduct in connection with Panmi Parts.
2.EXCLUSIVE MEMBER ACCESS
2.1. Panmi Parts participation is only available to members who sign up with Panmi.
2.2. Memberships are free to join and will never incur a fee to you.
2.3. Panmi places the highest value and priority on the protection of information you entrust with us, and any information that may be considered ‘personal information’ under the Privacy Act 1998 (Cth) is protected by Panmi (please refer to Panmi’s full Privacy Policy).
3.YOUR DETAILS
3.1. To complete our obligations, such as delivery of your order pursuant to a Panmi Parts Project, we require you to provide us with accurate and up-to-date personal details, which include but are not limited to:
(a) your name;(b) your contact email;
(c) your age range;
(d) your telephone/mobile number/s; and
(e) your shipping address.
3.2. If there are any changes or corrections to the details you have provided us, you must provide us with the new information so we can update our records.
3.3. You indemnify and hold Panmi harmless for any loss or damage suffered by you in the event that Panmi has taken all reasonable measures to comply with its obligations by relying on information you have provided, and that information is found to be false, inaccurate, incomplete, or otherwise an incorrect recording of your details and this clause shall survive termination of the Panmi Parts Agreement.
4.PAYMENT
4.1. You must make payment as directed on the Panmi Parts Page, and subject to the provisions set out herein.
4.2. Payment towards a Panmi Parts product must be made in full.
4.3. Upon Panmi receiving payment for the Product, you will be allocated the number of units of the Product that you have ordered and paid for, subject to clause 7.2.1 where there are minimum participation requirements.
4.4. Panmi will accept payment methods set out in the Panmi Parts page; please note that some payment methods will take you to a third party website page.
5.SHIPPING AND FULFILMENT OF ORDER
5.1. You acknowledge that Panmi may not hold stock of the Product and that delivery of the Product is subject to varying shipping timeframes, due to the nature of this transaction and shall not dispute or make claim for compensation on the grounds of reasonable delay in shipment and fulfilment of your order based on the circumstances.
5.2. Panmi does not warrant or guarantee that the Product will be delivered to you by the Anticipated Delivery Date, despite Panmi’s best endeavours, due to the various factors during the delivery process beyond Panmi’s control.
5.3. If delivery of the Product cannot be effected by any reason where fault is not attributable to Panmi including instances of force majeure, such as:
(a) acts of God;(b) natural disasters;
(c) government action or interference;
(d) labour shortages;
(e) national emergencies; acts of war;
(f) and pandemic or epidemics;
Panmi may at its sole discretion notify you of the situation and elect to provide either a refund or store credit to you.
6.REFUNDS
6.1. REFUNDS GENERALLY
6.1.1. In the event that a Product is determined to be undeliverable due to loss of or damage to a shipment that is due to any fault attributable to Panmi, then Panmi will notify you of the cause of the loss or damage, and offer you the choice between:
(a) a full refund of the amount you paid towards the Group product or(b) credit that may be used toward any products usually sold by Panmi.
7.LIABILITY
7.1. Notwithstanding clause 7.2.1 Panmi shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control (an “Event”).
7.2. Where there has been an Event outside our reasonable control which has affected our ability to perform our obligations under this Panmi Parts Agreement, our obligations will be extended for the duration of the Event and we will notify you of this as soon as reasonably possible.
7.3. Once the Event is completed we will arrange with you a new Anticipated Delivery Date for your Goods, if possible.
8.PRIVACY
8.1. Panmi commits to protecting any personal information you entrust with us. Please refer to the full Panmi Privacy Policy.
9.GENERAL
11.1. SEVERABILITY
9.1.1. Nothing within these Terms and Conditions shall be construed as an attempt to mislead or deceive consumers or otherwise contravene the provisions of the ACL.
9.1.2. If any Court of Tribunal of competent jurisdiction determines that any clause is unenforceable or illegal, that clause is severed to the extent of the unenforceability or illegality and the remaining terms shall not be affected to the maximum extent possible.
11.2. JURISDICTION
9.2.1. These terms and conditions are governed by the laws of New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the Courts of New South Wales.
11.3. UPDATES TO TERMS AND CONDITIONS
9.3.1. We may update these Terms and Conditions from time to time without notice to you, and we strongly recommend you to review these Terms and Conditions on a regular basis to ensure you understand how any amendments may impact you.
9.3.2. Any amendments to these Terms and Conditions will be effective from the date of the update, which will be reflected as the “Effective Date”.
11.4. ENTIRE AGREEMENT
9.4.1. You acknowledge that this Panmi Parts Agreement represents the entire agreement between the parties, and that you do not rely on any other representation under this Panmi Parts Agreement.
11.5. NO WAIVER
9.5.1. No waiver by us of any breach of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions.
11.6. NOTICES
9.6.1. Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
