Shipping and Returns
1.1. Your use of this website constitutes a binding contract between you (“You”) and Pendo Industries Pty Ltd (“Pendo”). These terms and conditions apply to the ordering, purchase, fulfilment and delivery of goods on www.pendo.com.au (“the Website”).
1.2. By placing an order on the Website, you agree to these Terms and Conditions.
2. Sale of goods
2.1. Where You order goods on the Website, You agree that the goods are offered and supplied to You by Pendo based on the description of the goods specified on the Website (“the Goods”).
2.2. The Goods have been purchased from Australian importers or distributors and are new unless otherwise indicated on the Website. Goods are available only while stocks last.
3. Pricing and Payment
3.1. Prices for Goods are specified on the Website.
3.2. Prices are subject to change at any time without notice. The price displayed when You place your Order will be the final price You pay even if the price changes at a later time. However, if You subsequently cancel Your Order, then the applicable price will be that which is stated on the Website.
3.3. In addition to the prices listed on the Website, you must also pay the delivery charge(s) listed on the Website (if any).
4.1. You can place an order to purchase the Goods by following the steps specified on the Website (“Order”).
4.2. Each Order You place on the Website is a separate and binding offer by You to purchase the relevant Goods. This offer may be accepted or rejected by Pendo in its sole discretion.
4.3. Orders are deemed to be accepted by Pendo when You receive an email from Pendo confirming Your Order.
4.4. You acknowledge that all Goods purchased on the Website are for personal, domestic, non-commercial use only.
4.5. You represent and warrant to Pendo that the information You have provided in Your Order is complete, true and accurate.
4.6. Subject to any applicable laws which states otherwise (including the Australian Consumer Law), Pendo is not liable to You for any loss, damage, cost or expense that You or another person may suffer as a result of the failure by You to compete an Order accurately.
4.7. You acknowledge that by submitting an Order on the Website, Your Order is a request to purchase Goods at the applicable price plus the delivery charge (if any).
4.8. Due to the nature of the internet, there may be circumstances where You are unable to place an Order and Your order may not be received by Pendo. Subject to any applicable laws which states otherwise (including any provision of the Australian Consumer Law), Pendo will not be liable to you for any loss, damage, cost or expense that You and another person may suffer as a result of the failure by Pendo to process or receive an order.
5. Cancellation of Orders
5.1. Pendo may cancel Your Order at any time, including where Pendo is unable to fulfil Your Order.
5.2. Where Pendo has cancelled Your Order and You have not received the Goods, You will entitled to a full refund in respect of that Order.
5.3. Pendo attempts to ensure that all information provided on the Website is accurate. However, due to the fast-changing nature of the industry, it is possible that some errors in specifications, descriptions, images, pricing, stock levels or delivery may occur. Subject to applicable law, Pendo reserves the right to correct any material on the Website or in any order without notice. If an Order is accepted, Pendo, acting reasonably, is of the view that there is an error in the order, Pendo will give You the option of accepting the corrected order or cancelling the order for a full refund.
6.1. All Goods are quoted in Australian dollars and inclusive of any applicable taxes.
6.2. Pendo only accepts payment by credit card or PayPal account. You must pay the price for the Goods specified on the Website plus the delivery charge at the time you make an Order.
6.3. Payment for Your Order will be processed by Pendo upon confirmation of Your Order.
7.1. Pendo attempts to deliver the Goods as soon as possible, however due to Pendo utilising third party delivery services, Pendo cannot control the delivery times. Therefore, any specified delivery date should be viewed as an estimate only.
7.2. Pendo will arrange for the delivery of the Goods to the nominated delivery address You specify in Your Order.
7.3. Pendo will not arrange delivery to a post office box or an unattended address. Photo identification must be provided to accept delivery.
8. Risk and Title
8.1. Risk and title passes to You on delivery of the Goods.
9. Return of Goods
9.1. You may return Goods purchased on the Website for any reason within 7 days of taking delivery of the Goods and You will receive a full refund of the purchase price excluding the delivery charge.
9.2. If You would like to return any Goods under this clause 9, You must first contact the Pendo support team at firstname.lastname@example.org within 7 days of taking delivery of the Goods. It is Your responsibility to ensure that the Goods are returned safely. Pendo will not be held responsible for any loss, damage or destruction during transportation of the Goods.
9.3. Goods returned in accordance with clause 9 must be returned in their original packaging with all accessories, and must be in a re-saleable condition.
10.1. All Goods purchased from the Website come with a 12 Month Standard Warranty. The 12 Month Standard Warranty will commence of the date that You receive the Goods.
10.2. Extended warranties may be offered from time to time on the Website. If You purchase an Extended Warranty, the Extended Warranty will replace the 12 Month Standard Warranty.
10.3. The Goods under a Standard Warranty or Extended Warranty are covered against any deviation or defects from a technical specification for 12 months (or such further times covered under the Extended Warranty) by Pendo Industries Pty Ltd of Level 10, 452 Flinders Street, Melbourne Victoria 3000.
10.4. The benefits under the 12 Month Standard Warranty and Extended Warranty are in addition to other rights and remedies You have under a law in relation to the product to which these warranties relate. The Goods 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 for compensation for any other reasonable 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.
10.5. To the extent permitted by law (including under the Competition and Consumer Act 2010 (Cth)), the 12 Month Standard Warranty, the Extended Warranty and the rights you have under clause 10.4 do not apply where: a. You have misused the Goods; b. You have failed to use the Goods in accordance with the manufacturer’s instructions; c. You have failed to take reasonable care in respect of the Goods; d. where the serial number on the Goods has been altered or removed; or e. where the Goods have been modified or repaired by individuals not authorised by Pendo or an approved maintenance centre of Pendo.
10.6. Notwithstanding clause 10.4, the 12 Month Standard Warranty and the Extended Warranty also do not apply where the Goods are damaged or defective due to fair wear and tear to the Goods.
10.7. To make a claim under the 12 Month Standard Warranty or the Extended Warranty, or if You believe that the Goods do not meet the conditions under clause 10.4, then You should first contact the support team at email@example.com.
10.8. If Your claim is accepted by Pendo for a 12 Month Standard Warranty or an Extended Warranty, then the Goods will either be replaced or repaired at Pendo’s cost. If the Goods do not meet any of the conditions under clause 10.4, then You may have the right to receive a refund, have the Goods replaced or have the Goods repaired.
10.9. You may also seek a reimbursement of any reasonable fees you have incurred in claiming the warranty (such as shipping fees). Please contact Pendo directly at firstname.lastname@example.org to discuss the opportunity to receive a reimbursement. If, once the Goods are returned, Pendo decides (acting reasonably) that the Goods do satisfy the conditions of the 12 Month Standard Warranty, the Extended Warranty or any conditions under clause 10.4, then Pendo may charge You an assessment fee and any associated costs in returning the Goods to You.
10.10. In order for You to claim under the 12 month Standard Warranty, the Extended Warranty or any of the conditions under clause 10.4, You must provide proof of purchase.
11.1. Except as expressly provided to the contrary in these Terms and Conditions or by applicable laws that cannot be excluded, and to the fullest extent permitted by the law: a. all terms, conditions, warranties or representations, whether express, implied, statutory or otherwise relating to the supply of the Goods are excluded; b. Pendo’s maximum aggregate liability to You or any other person is limited to the amount payable by You in respect of the Goods purchased; c. Pendo will not be liable for any lost profits, lost savings, lost business opportunities or any indirect or consequential loss or damage; and d. Pendo will not be liable to You for any delay or failure to deliver the Goods by the delivery date.
12. Intellectual Property
12.1. Pendo retain all intellectual property rights in any software and content made available to You on this Website.
12.2. All such rights are reserved Pendo.
12.3. Unless expressly authorised by Pendo, you must not publish, modify, distribute or otherwise reproduce, in any format, any of the content on this Website, nor may you use any such content in connection with any business or commercial enterprise.
13. Website Terms and Privacy
14.1. These terms and conditions are governed by the laws of Victoria, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and waive any right to object to proceedings being brought in those courts.
14.2. Any provision of these terms and conditions which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these terms enforceable, unless this would materially change the intended effect of the terms.
14.3. Pendo reserves the right to amend these terms and conditions at any time and such amendments will only take effect from the time it appears on the Website. The terms and conditions which apply at the time that You place Your order are the terms and conditions which apply to Your order.