Terms of service
Terms of Service
This website www.pumphaircare.com (the Website) is owned and operated by Pump Haircare Pty Ltd (ABN 86 157 791 467) (“Pump Haircare”, “we” and “us”).
These Terms of Service, together with any terms, conditions, polices and notices contained on our Website (collectively, the “Terms”), cover your access to and use of our Website and the content, tools, products and services made available on our Website (collectively, the “Service”).
The Terms apply to any person who accesses or uses the Website, including Website visitors, stockists, customers, wholesalers and/ or contributors of content.
Please read these Terms carefully before accessing or using our Website.
By accessing or using our Website or the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Website or the Service.
If you are looking for Terms and Conditions regarding the Pump Rewards Program, please click here.
1. Changes to the Terms and the Service
1.1 We reserve the right to make changes to these Terms. We will provide you with reasonable notice of the changes before the changes take effect by publishing an updated version of the Terms on this page of our Website. We may also provide you with reasonable notice of the changes by email.
1.2 It is your responsibility to check this page periodically for changes. Your continued access to, or use of, the Website after any changes take effect constitutes your acceptance of those changes.
1.3 We may make changes to, or discontinue, the Service (or any part of the Service) at any time.
1.4 We will not be liable to you or to any third party for any loss caused by changes to the Terms or the Service, or the discontinuance of, the Service (or any part of the Service).
2. Website Content
2.1 We endeavour to ensure that the information made available on the Website is accurate, complete and current. However, some of the information may be inaccurate, incomplete or historic. As such, we do not represent or warrant that the information on the Website is accurate, complete and current.
2.2 The content on the Website is provided for general information only and you should not rely upon it. Any reliance on the Website content is at your own risk. You are fully responsible for any loss resulting from your access to, reliance upon or use of any content on the Website.
2.3 We reserve the right to update the content on the Website at any time, including to correct any errors, inaccuracies and omissions.
2.4 You may access our Website from outside of Australia. However, we make no representation that our Website, or its content, complies with the laws of any country outside of Australia. When you access or use our Website or the Service from outside of Australia, you do so at your own risk. You are fully responsible for complying with all applicable laws which relate to your access to, and use of, our Website and the Service.
2.5 Our store is hosted on Shopify. Shopify provide us with the online e-commerce platform that allows us to sell our products and services to you.
3. Prices
3.1 The prices displayed for products on our Website are automatically displayed in your local currency. We reserve the right to change prices without notice. For a delivery within Australia, the displayed price of a product includes Australian Goods and Services Tax (GST).
3.2 Australian GST does not apply to orders made outside of Australia (International Orders). However, International Orders may be subject to charges, duties, fees, levies and taxes. You are responsible (as the importer) for paying all applicable charges, duties, fees, levies and taxes in connection with International Orders.
4. Products
4.1 We have made every effort to accurately display the colours and images of our products on our Website. However, we cannot guarantee that the colours and images of our products will accurately display on your electronic device.
4.2 At any time, we may remove any product displayed on the Website on a temporary or permanent basis. We reserve the right to limit or restrict the sale of our products to any geographic region or jurisdiction. We will not be liable to you or to any third party for any loss arising from the removal of a product from the Website or any restriction on the sale of products to any geographic region or jurisdiction.
4.3 Countries may impose restrictions on certain products set out in an International Order. We are not responsible for any delay or failure to deliver any products caused by these restrictions. If we consider on reasonable grounds that these restrictions may prevent us from delivering the products to a shipping address, we may refuse to accept an International Order.
4.4 Free Sample Policy:
- We offer one free sample with every order placed through our website. The sample will be included in your shipment at no additional charge.
- Specific samples may vary, and we reserve the right to select the sample based on stock availability.
- Free samples are limited to one per order, regardless of the number of items purchased or the order value.
- This offer is valid only for online orders and cannot be redeemed for cash or exchanged for other products.
- The free sample policy may change or end at our discretion without notice.
5. Orders
5.1 To place an order through the online shop on the Website, you must provide:
(a) a valid shipping address;
(b) a valid email address and a telephone number; and
(c) payment details which are acceptable to us or the relevant payment processor you have selected on our Website, such as credit or debit card details.
There are some countries and regions where we do not ship orders. Details are available on the Shipping page of our Website.
5.2 We accept your order, and a contract is formed between us, on approval of your payment and we (or the relevant payment processor) receive payment from you for the order.
5.3 Title to the products passes to you when we receive full payment for the products. Risk in the products passes to you on delivery of the product to the nominated shipping address.
5.4 You may pay for your order using any of the payment methods set out on the Website. Payments made using a payment processor are subject to that payment processor’s terms and conditions. Please review the relevant payment processor’s terms and conditions before making a payment.
5.5 You must ensure that the information you provide to us in connection with an order is accurate, complete and current.
5.6 We reserve the right to refuse any order you place with us, including if the products are not available or if there is an error in the price of the products displayed on the Website.
5.7 We may, in our sole discretion where acting reasonably, restrict the quantity of products which may be added to an order. These restrictions may apply to orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address.
5.8 In the event that we make a change to or cancel an order, we will attempt to notify you promptly of the change or cancellation by contacting the email and/or phone number provided at the time the order was made.
5.9 If we accepted an order from you, the applicable version of the Terms will be the version of the Terms that was in place at the time your order was accepted.
6. Consumer Guarantees and Returns
6.1 Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
6.2 You may return products to us if you consider that they are damaged or faulty, or if they otherwise fail to comply with any consumer guarantee under Australian Consumer Law.
6.3 Please email us at support@pumphaircare.com and provide us with the following information:
(a) the order number;
(b) a photograph of the products, which identifies the fault/s (if relevant); and
(c) a description of the products and any fault/s.
6.4 If we are satisfied that the products are damaged or faulty, or if they otherwise fail to comply with any consumer guarantee under Australian Consumer Law, we will send a returns form to the email address which you provided with the order.
6.5 Please complete the returns form and send it back to us, along with the relevant products, via a trackable postal or courier service. Please return the relevant products to us within 28 days from the date on which you received them.
6.6 We will be responsible for return postage costs of any return postage if your products do not comply with a consumer guarantee. In accordance with Australian Consumer Law, you will be provided with a replacement, or a full refund, for the products.
6.7 Please note that we do not offer refunds on orders for change of mind.
6.8 All returns should be sent to the following postal address: 5B Gibbes Street CHATSWOOD NSW 2067 Australia
7. Prohibited Conduct
7.1 In addition to any other prohibitions set out in these Terms, you are prohibited from using the Website:
(a) for any unlawful purpose;
(b) to violate any international, national or state regulations, rules, laws or local ordinances;
(c) to violate any right of any third party, including copyright, trade mark, privacy, personality or other personal or proprietary rights;
(d) to harass, abuse, insult, harm, defame, libel, disparage, intimidate, incite violence or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
(e) to submit false or misleading information;
(f) to upload or transmit viruses or any other type of malicious code or engage in any conduct that will interfere with the functionality or operation of the Website, any related website or the internet;
(g) to collect or track the personal information of others;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose;
(j) to interfere with or circumvent the security features of the Website, any related website or the internet;
(k) to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service;
(l) use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to your identity; or
(m) to assist, encourage or solicit any third party to do any of the above.
7.2 We reserve the right to block you from accessing or using our Website or the Services if we consider on reasonable grounds that you have engaged in any of the prohibited conduct set out in this clause.
8. Personal Information and User Content
8.1 We will collect, disclose, hold and use your personal information in accordance with our Privacy Policy, which is available at the following link: https://pumphaircare.com/policies/privacy-policy
8.2 When you access third party sites through our Website, the privacy policy of the relevant third party will apply to your personal information. We will not be liable for any loss you may suffer if you provide your personal information to any third party.
8.3 With the exception of personal information which is subject to our Privacy Policy, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any content you communicate to us, such as product feedback or testimonials (User Content).
8.4 You agree that we will be under no obligation to:
(a) maintain the confidentiality of User Content;
(b) pay compensation in respect of our use of User Content; or
(c) to respond to any User Content.
9. Intellectual Property
9.1 Our Website contains material which is owned by or licensed to us and is protected by Australian and international laws, including without limitation the trade marks, trade names, software, content, design, images, graphics, layout, appearance and look of our Website.
9.2 We own or are licensed to use all of the intellectual property rights in our Website and nothing in these Terms constitutes a transfer of the ownership of any intellectual property rights to you.
9.3 Your use of our Website does not grant you a licence, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on our Website without the express written permission of the owner.
10. Liability
10.1 Subject to any right which you may have under any law (including the Australian Consumer Law), Pump Haircare, its related bodies corporate, directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors exclude, to the maximum extent permitted by law, any liability arising :
(a) from your access to and use of our Website and the Service; and
(b) in connection with any Pump Haircare products.
10.2 You agree to indemnify, defend and hold harmless Pump Haircare, its related bodies corporate, directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors, to the maximum extent permitted by law, from and against any liability arising from any claim or demand, including reasonable attorneys’ fees, made by any third party:
(a) due to or arising out of your breach of these Terms; or
(b) in connection with an allegation that any User Content which you communicate to us infringes any right of any third party, including copyright, trade mark, privacy, personality or other personal or proprietary rights.
11. Accessibility
11.1 We endeavour to minimise any interruptions to your use of our Website. However, we do not represent or warrant that our Website will be available at all times.
12. Waiver
12.1 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision.
13. Enforceability
13.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by any applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.
13.2 Any such determination shall not affect the validity and enforceability of the remaining provisions.
14. Governing Law
14.1 These Terms shall be governed by and construed in accordance with the laws in force in New South Wales.
14.2 By agreeing to these Terms, you are deemed to have submitted to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from those courts.
15. Mobile Terms of Service
The Pump Haircare mobile message service (the "Service") is operated by Pump Haircare (“Pump Haircare”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Pump Haircare’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Pump Haircare through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Pump Haircare. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +61468064814 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Pump Haircare mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +61468064814 or email wizdom@pumphaircare.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
16. Contact Information
15.1 If you have any questions in relation to the Terms, please contact us via email at support@pumphaircare.com.
Last Updated: 16 November 2024