TERMS & CONDITIONS
Thank you for choosing to shop at PUBLIC FIGURE. The website www.publicfigure.shop (“Website”) is owned and operated by Public Figure Pty Ltd as trustee for the Bella Zito Family Trust (“Public Figure”, "we", "our", "us").
These Terms and Conditions (“Terms”) govern the supply of any products ordered by you on the Website and your use of the Website. By browsing, accessing, using the Website or ordering a product (“Order”), you agree to be legally bound by these Terms. If you disagree with any part of these Terms, please do not use our Website. We may change these Terms at any time, and the revised Terms will be made available on our Website.
TERMS & CONDITIONS 1
- ACCESS AND USE OF THE WEBSITE 1
- COOKIES 2
- ACCOUNTS 2
- ORDERS 3
- COPYRIGHT AND INTELLECTUAL PROPERTY 4
- LIMITATIONS ON REPRESENTATIONS 4
- DELIVERY 5
- INTERNATIONAL TAX, CUSTOMS CHARGES, DUTIES AND FEES 5
- PRODUCT RETURNS 5
- ACCESS AND USE OF THE WEBSITE
- You must only use the Website in accordance with these Terms and any applicable law.
- You must not (or attempt to):
- interfere with or disrupt the Website or the servers or networks that host the Website;
- use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website; or
- interfere with security-related or other features of the Website.
- We do not warrant that the Website will be available at any particular times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
- You must not link to our Website or any part of our Website in a way that damages or takes advantage of our reputation, including but not limited to:
- in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
- in a way that is illegal or unfair.
- To access some features of the Website you must register an account with us (“Account”). To register for an Account, you must provide us with accurate and current personal information including your name, address, and a valid email address. You must not register more than one Account. You should not create an Account if you are under 18 years old.
- You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. You must not use any other person’s Account, or allow any person to use your Account. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
- If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact Customer Service immediately and take immediate steps to re-secure your Account (including by changing your password).
- If you place any Order you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.
- When making an Order, you must follow the instructions on the Website as to how to make your Order and for making changes to your Order before you submit it.
- Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Website) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars.
- You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Website.
- We only accept payment through the following third party collection services: Shopify Pay and Afterpay. Payments made with Afterpay are subject to the Afterpay Terms and Conditions https://www.afterpay.com.au/terms/ as displayed on their website and updated from time to time. Payments made with Shopify Pay are subject to the Shopify Pay Terms and Conditions https://pay.shopify.com/tos-privacy-policy#terms-of-service as displayed on their website and updated from time to time. We may display information about Afterpay and Shopify Pay on the Website. This information is provided as a guide only and, where there is any inconsistency between the Website and the Terms and Conditions as displayed on the Afterpay or Shopify Pay’s websites, the latter shall prevail.
- If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact us at firstname.lastname@example.org immediately. We will use our reasonable endeavours to amend your Order in accordance with your instructions but cannot guarantee that any amendment can be made after an order is submitted.
- When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason.
- If we cannot process or accept your Order after payment is received we will refund your order for the amount that is paid. Please note that we cannot accept responsibility for third party fees or exchange rate differences in the event of order cancellation and refunds.
- COPYRIGHT AND INTELLECTUAL PROPERTY
- The Website and the content on the Website are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Public Figure.
- You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website, including audio and video excerpts, except as permitted by statute or with our prior written consent.
- LIMITATIONS ON REPRESENTATIONS
- Information about merchandise on the Website is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
- Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance from the way they appear on the Website.
Our delivery options are set out here: https://www.publicfigure.shop/pages/shipping.
- INTERNATIONAL TAX, CUSTOMS CHARGES, DUTIES AND FEES
As we are based in Australia and you are buying from an Australian company, we therefore charge you for your Order in Australian dollars including Australian GST. The actual price charged to international customers will be subject to the exchange rate applied by the payment provider you have used. Please note Orders shipped internationally may incur GST, duties, customs charges and fees charged by the destination country. These amounts must be paid by you directly to the destination country. We are not responsible for and will not reimburse any of these GST, duties, customs charges or fees.
- PRODUCT RETURNS
- For information about our returns policy, please refer here
- 10.LIMITATION OF LIABILITY
Despite any other provision of these Terms to the contrary and to the extent permitted by law, in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Website, the supply of goods or services or these Terms (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
You indemnify and our related entities, affiliates, and our and their respective officers, agents, and employees, from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
- We recognise and agree that the privacy of all personal information is important to individuals. All personal information collected to process and fulfil your order is to be minimal, private, correct, safe and most importantly in the control of the individual.
- We do not share any credit card information with any third parties, other than for the purpose of processing payments for the product you have ordered. We will only ask for and use relevant personal information necessary to conduct our business. All information collected is for our sole purpose and use.
- DISPUTE RESOLUTION
In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with the Customer Service team at first instance.
- Entire agreement: These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Website.
- Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
- Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of Western Australia and both parties hereby submit to the jurisdiction of the courts of Western Australia.
In these Terms, terms are defined either in the body of this document above, or defined as set out below, unless the contrary intention appears:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws;
Breach of Duty means the breach of any:
(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms (and for the purposes of this definition, all references to these Terms shall be deemed to include any collateral contract); and
These Terms were last updated on 9 October 2019.