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TERMS AND CONDITIONS;
These are the Terms and Conditions of J.J BOTICA & L.V UNDERWOOD (Trading as Pipeliner Clothing Company) and in accessing our website (https://.pipelinerclothingcompany.com) to view or transacting any business on this website you agree to abide by these.
1. GENERAL
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1.1 Definitions
1.1.1 "Customer" means any person who uses Pipeliner Clothing (including, without limitation, any person who purchases products via https://pipelinerclothingcompany.com). Pipeliner Clothing reserves the right to refuse any customers who we believe may be in breach of these Terms and Conditions. We also reserve the right to supply any customer who we believe intends to re-sell product purchased from this website who we believe is in breach of liquor licensing.
1.1.2 "GST" means any amounts levied or charged pursuant to the Goods and Services Tax Act 1985.
1.1.3 "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or able to be registered by any means, and the right to file an application for registration thereof.
1.1.4 "Login" means a Customer's personal password and access to https://pipelinerclothingcompany.com under that Customers registration.
1.1.5 "Products" means the products for sale on https://pipelinerclothingcompany.com .
1.1.6 “Terms and Conditions” means these terms and conditions of sale (as amended from time to time).
1.1.7 "Pipeliner Clothing Company" means J.J BOTICA and L.V UNDERWOOD, (A registered business partnership – ABN 3841440230 who is the seller of the products on sale on https://pipelinerclothingcompany.com
1.2 Sale of all Products and use of Pipeliner Clothing are subject to these Terms and Conditions.
The use of Pipeliner Clothing website and all sales of Products via https://pipelinerclothingcompany.com are subject to these Terms and Conditions. By using Pipeliner Clothing, the Customer will be deemed to have accepted these Terms and Conditions.
1.3 These Terms and Conditions constitute the entire agreement between the Customer and Pipeliner Clothing relating to the subject matter herein and shall prevail over any other document purporting to have a contractual effect.
1.4 Pipeliner Clothing discretion to accept registration
Pipeliner Clothing has the absolute discretion to refuse the registration of a potential Customer and the purchase of goods by a Customer for any reason whatsoever.
1.5 Termination of Registration
Pipeliner Clothing has the absolute discretion to terminate the registration of any Customer for any reason whatsoever.
1.6 Customer liable for every order
The Customer will be liable for every order made under its Login and agrees to indemnify and keep Pipeliner Clothing indemnified against all losses, liabilities, penalties, damages, claims, demands, actions, costs, charges and expenses whatsoever which Pipeliner Clothing incurs, or which may be made against Pipeliner Clothing by any third party, as a result of the actions of a person placing orders for the Products using the Customer’s Login.
2.7 Security of Information
Pipeliner Clothing shall use reasonable endeavours to prevent any unauthorised entry onto https://pipelinerclothingcompany.com However Pipeliner Clothing shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.
2. PRICE
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2.1 Registration costs
The Customer shall not be liable for any registration costs to register with Pipeliner Clothing.
2.2 Currency
The prices of products are displayed in Australian currency.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
2.4 Internet Service Provider charges
The Customer shall be individually responsible for any Internet Service Provider charges.
2.5 Delivery charge
Pipeliner Clothing shall charge the Customer a delivery charge which covers the costs associated with the picking, packing and delivery of the Customer’s order. The charge shall be identified and included in the total price at the point of “checkout”. Pipeliner Clothing is entitled to change this charge at any time for future orders.
2.6 Variation of order and price
If the Customer requests a variation to an order which Pipeliner Clothing accepts, then the price payable for the order will be adjusted accordingly to reflect the variation, and recorded on the invoice.
2.7 Pipeliner Clothing may vary prices
Pipeliner Clothing may vary the prices of the Products at any time without notice.
The prices for the Products listed on https://pipelinerclothingcompany.com are only available when purchasing Products online unless stated otherwise.
3. PRODUCT RANGE AND AVAILABILITY
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3.1 Product availability
Every effort will be made to fulfil orders placed with Pipeliner Clothing, but Pipeliner Clothing shall not be liable to any person if Pipeliner Clothing decline to supply the Products for any reason whatsoever.
Pipeliner Clothing reserves the right to determine the specials that are available online. Specials that are available online are subject to availability while stocks last.
Pipeliner Clothing does not allow back orders for specials that are not available at the point of ordering.
3.2 Product range
Pipeliner Clothing reserves the right to limit the range of Products available to certain areas.
Pipeliner Clothing reserves the right to limit quantities of Products that can be ordered by a Customer.
Pipeliner Clothing may delay dispatch of a bulk order due to stock availability. Delivery may be by instalments.
3.3 Manufacture limitations
Every effort will be made to fulfil orders placed with https://pipelinerclothingcompany.com, but Pipeliner Clothing shall not be liable to any person if Pipeliner Clothing is unable to supply Products due to the manufacturing limitations of such Products.
4. PAYMENT
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4.1 Payment by credit card
The Customer shall make payment of each order by credit card or via PayPal accounts at the time of placing an order. Pipeliner Clothing accepts Visa or Mastercard. You will be charged in Australian dollars.
4.2 Disabling account
Pipeliner Clothing reserves the right to disable a customer's account for any reason whatsoever.
4.3 Debt Collection
The Customer is liable for all costs associated with debt collection where the Customer's payment has defaulted for an order(s).
4.4 Change to Payment Policy
Pipeliner Clothing may change at any time the way in which the Customer pays for the Products, and any change will be notified to the Customer via Pipeliner Clothing.
4.5 Customer Statements
The name that will appear on Customer statements will be J.J BOTICA and L.V UNDERWOOD Partnership
5. DELIVERY
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5.1 Delivery Areas
Pipeliner Clothing delivers to most locations within the Australia, New Zealand, United States, Canada, UK, Asia and Europe or as listed on https://pipelinerclothingcompany.com
5.2 Proof of ID
The Customer warrants that they will show current identification to the person(s) delivering the goods for Pipeliner Clothing. This identification must include the Customer’s full name, date of birth, photo and signature.
5.3 Right to withhold delivery
Pipeliner Clothing may withhold the right to deliver the Products to the Customer for any reason whatsoever (including, without limitation, location).
5.4 Reasonable Endeavour’s
Pipeliner Clothing shall use reasonable endeavours to deliver the Products to the delivery address specified by the Customer on the registration form or the alternative website specified location within a reasonable time.
5.5 Change of Address
The Customer is to immediately amend their online account details via the website or notify Pipeliner Clothing info@pipelinerclothingcompany.com) immediately of a change to its delivery address.
5.6 Delays to delivery
Notwithstanding clause 5.3, Pipeliner Clothing shall not be liable for any failure to deliver within a reasonable time whether the delay is due to causes beyond the control of Pipeliner Clothing or otherwise.
5.7 Delivery deemed to have taken place
Delivery will be deemed to be effected upon the direct transfer of possession of the Products from Pipeliner Clothing to the Customer, or upon possession of the Products being given to a carrier or courier for the purposes of transmission to the Customer.
6. VARIATION/CANCELLATION OF ORDER
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6.1 Variation/cancellation of order
The customer may vary or cancel the order up to the point in time that Pipeliner Clothing has commenced packing the order by contacting Pipeliner Clothing via email: sales@pipelinerclothingcompany.com
6.2 Substitution of Product
Subject to the Customer's consent, Pipeliner Clothing may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
7. PROPERTY/RISK
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7.1 Products
Risk in the Products shall pass to the Customer upon delivery (as described in clause 5.7). Ownership of any Products passes to the Customer when the Customer has paid for the Products in full and delivery is made.
7.2 Login and email
The Customer is obligated to keep their login and password details safe and confidential at all times.
8. RETURNS OF PRODUCTS/REFUNDS
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If, for any reason, you are dissatisfied with your order, please contact us within 7 days of receipt of your order on for assistance by email: support@pipelinerclothingcompany.com
9. WARRANTIES
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9.1 Except as provided in the Australian Consumer Law (ACL), all warranties, descriptions, representation or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded. No agent or representative of Pipeliner Clothing is authorised to make any warranties, representations or unauthorised warranties, representations or statements. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that Pipeliner Clothing assumes no obligation or liability for any advice given and all Products are accepted by the Customer entirely at the Customer’s risk.
9.2 Consumer Guarantees Act
The Customer acknowledges and agrees that where the Products are ordered for business purposes (as that term is defined in Australian Consumer Law (ACL), the provisions of the ACL shall not apply.
10. LIABILITY
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10.1 Liability
Subject to the ACL, Pipeliner Clothing excludes all liability for damage, injury or loss arising directly or indirectly from any defect in or non-compliance of the Products. In any event, Pipeliner Clothing’s liability, whether in contract, tort or otherwise, for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of Pipeliner Clothing’s obligations under these Terms and Conditions shall not exceed the price of the Products ordered by the Customer.
10.2 No liability for indirect loss
Pipeliner Clothing shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Pipeliner Clothing be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons.
12. INTELLECTUAL PROPERTY
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All right, title and interest in all Intellectual Property relating to Pipeliner Clothing is vested in and is the property of J.J BOTICA and L.V UNDERWOOD Partnership (or is included with the permission of the relevant owner). No part of Pipeliner Clothing may be distributed or copied for any commercial purpose and you are not permitted to incorporate the contents of Pipeliner Clothing or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. Further, you may not copy, use, remove or alter any Intellectual Property that appears on Pipeliner Clothing or on any content on Pipeliner Clothing.
13. FORCE MAJEURE
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If the performance by https://pipelinerclothingcompany.com of its obligations under Pipeliner Clothing is prevented by reason of "force majeure" (which shall include fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of Pipeliner Clothing ) Pipeliner Clothing shall be excused from the performance of its obligations under these Terms and Conditions.
14. PRIVACY ACT
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14.1 Collection of information
The Customer authorises Pipeliner Clothing to collect, retain and use personal information about the Customer for the purposes of:
14.1.1 Assessing the Customer's credit-worthiness;
14.1.2 Undertaking any dealings or transactions with the Customer;
14.1.3 Enforcement of any legal or other rights Pipeliner Clothing may have against the Customer in any manner that Pipeliner Clothing sees fit;
14.1.4 Making such disclosures as may in Pipeliner Clothing’s opinion be required for any of the above purposes or generally to do business;
14.1.5 Sending the Customer any advertising or promotional material; and
14.1.6 Determining prize winners of promotions (if appliciable).
14.2 Pipeliner Clothing right to refuse application
If all of the requested Customer personal information is not supplied, or is not satisfactory to Pipeliner Clothing then his/her application for registration to Pipeliner Clothing may not be accepted.
14.3 Information retained by Pipeliner Clothing
The Customer agrees that any personal information supplied by the Customer will be retained by Pipeliner Clothing and will be accessible to Pipeliner Clothing employees and other persons or body corporate engaged by Pipeliner Clothing for or in relation to any of the purposes listed in clause 14.1 above. The Customers personal information will be held at 2at a cloud-hosting provider as Pipeliner Clothing’s agent. Pipeliner Clothing shall retain all personal information supplied by the Customer until such time the Customer is deregistered.
14.4 Disclosure
The Customer authorises Pipeliner Clothing to disclose all or any part of any personal information provided by the Customer to a third party for any of the purposes listed in clause 14.1 above.
14.5 Customer rights
Under the Australian Privacy Act 2014, the Customer has rights of access to his or her personal information held by Pipeliner Clothing and may request correction to that information. The Customer may do so by emailing info@pipelinerclothingcompany.com . The customer agrees to pay Pipeliner Clothing the reasonable charges requested by Pipeliner Clothing in relation to time and attendances involved in complying with the Customer's request in this regard.
14.6 Consent to receipt of electronic messages
The Customer consents to his or her inclusion in Pipeliner Clothing’s direct marketing database and accepts that they may, as a result, receive electronic communications and promotional communications from Pipeliner Clothing. The Customer has the right to ask Pipeliner Clothing at any time to stop sending online communications and promotional offers to them.
15. COMPETITIONS/PROMOTIONS
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The following provisions apply to promotions on Pipeliner Clothing.
For the purposes of this section, “the Promoter” means J.J BOTICA and L.V UNDERWOOD Partnership.
Instructions, prizes and information on how to enter form part of these conditions of entry. By entering, entrants accept these conditions of entry.
Entry is only open to residents of countries serviced by Pipeliner Clothing. Directors, management and employees of the Promoter, participating outlets/venues and of the agencies or companies associated with this promotion (including the immediate family members of the before mentioned people) are ineligible to enter.
The promotion is only valid for the stated promotional period.
To enter the promotion, entrants must:
a) Fully complete an on-line entry form when available at https://pipelinerclothingcompany.com . Entrants may receive a text or email reply confirming they are in the draw with a chance to win. By entering this promotion, entrants consent to receiving this text or email.
b) The promoter and associated companies with this competition are not liable for any SMS costs incurred by interacting with a SMS short code or on-line entry form. This includes but is not restricted to the excessive use of SMS messaging. All network charging is out of the control of the promoter. Standard messaging fee’s will apply. For information about SMS rates and costs to short codes, please contact your mobile network service provider.
c) The Promoter reserves the right to verify the validity of entries. Where purchase is required to enter all entrants must retain the proof of purchase receipt to validate each entry.
No responsibility is accepted for late, lost, incomplete, illegible or misdirected entries.
The Promoter reserves the right to verify the validity of entries. The Promoter reserves the right to disqualify any entrant who tampers with or benefits from any tampering with the entry process or with the entry process or with the operation of the competition, or for submitting an entry which is not in accordance with these conditions of entry or acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
Prize draws will take at an authorised location.
The judge's decision as to whether any entry is valid and the result of the draw is final and no correspondence will be entered into.
Prizes or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash.
The prize winners will be notified by text, phone, e-mail or in writing. In the event that a winner is not contactable for two weeks after the prize draw, the Promoter will conduct such further draws at the same place as the original prize draw as are necessary in order to distribute prizes and the previous winner will forfeit their prize, subject to any written directions of any relevant gaming authority.
Prizes are not transferable or exchangeable and cannot be redeemed for cash. In the event for any reason a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize. The Promoter accepts no responsibility for any variation in prize value. Where any prize is unavailable for any reason, the Promoter reserves the right to substitute that prize for a prize of equal value as determined by the Promoter.
The prize winners must at the Promoter’s request, participate in any ma