By using our website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.
In purchasing from Peaches & Peonies, you acknowledge that you have read, understood and agree to be bound by all of our terms and conditions. These apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. We reserve the right to modify these terms and conditions at any time, so please review it frequently. Our online store is hosted by GoDaddy.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
This website is operated by CC & AW Investments Pty Ltd T/As Peaches & Peonies. Throughout the site, the terms “we”, “us” and “our” refer to Peaches & Peonies. Peaches & Peonies offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion our website or products/services, without express written permission by us.
Prices:
All advertised prices for our products and delivery are inclusive of GST unless otherwise stated.
Prices are subject to change without notice.
Product Substitutes:
We make every effort to have stock available of all items, however in certain circumstances where an item may not be available, Peaches & Peonies reserve the right to substitute those products with a replacement item of equal or greater value than the original item.
Please note, some items may differ in colour or pattern to what is pictured (unless otherwise specified), however will remain of a similar, if not the same, style.
Photography:
For photographic purposes some products have been featured with additional props. These props are not included in the sale of the product. Unless an item is listed, it is not included. Lighting and screen display may also affect the colouring of some products in our images. Please note, images have also been lightly edited. This does not affect the product quality or standards as shown in the images.
Accuracy of Information:
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on any related website, including without limitation, pricing information, except as required by law.
Termination of Orders:
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right, but are not obligated, to limit the sales of our products to any person or geographic region. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products that we offer. We reserve the right to discontinue any product at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include 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.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our store/business (or any part thereof).
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
Legal
Peaches & Peonies reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website and/social media.
In addition to other prohibitions as set forth in these terms and conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Peaches & Peonies, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this website, other websites, or the Internet. We reserve the right to terminate your use of our website or any related website for violating any of the prohibited uses.
Disclaimer of Warranties, Limitation of Liabilities
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, this website is at your sole risk.
All products and services delivered to you through this website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Peaches & Peonies, our directors, officers, employees, affiliates, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
T&C Disclaimer
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
At Peaches and Peonies we believe in good judgment. If you are unsure of something, or believe we may have the incorrect information, please let us know.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These terms and conditions of sale and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms and conditions). Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party.
Communications
Peaches & Peonies use personally identifiable information for essential communications such as e-mail, accounts information and critical service details. We may also use this information for other purposes, including some promotional e-mails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing list by emailing us at contact@peachesandpeonies.com.au.
User Comments, Feedback & Submissions
If you send certain specific submissions (for example contest entries or feedback) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Peaches & Peonies. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Overview:
Peaches & Peonies regard customer privacy as an important part of our relationship with our customers. The following privacy policy applies to all Peaches & Peonies website users, and conforms to Internet privacy standards. This Privacy Policy applies to all personal information collected by CC & AW Investments t/as Peaches & Peonies via the website located at www.peachesandpeonies.com.au, or via our Facebook and Instagram pages.
Any information collected by Peaches & Peonies is required to provide you with our products and services and a high level of customer service. All correspondence may also be collected and stored, particularly regarding sales, support and accounts, including e-mail.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Peaches & Peonies will not disclose your personal information to anybody other than those who are contracted to our company.
What is "personal information"?
The Privacy Act 1988 (Cth) currently defines "personal information" as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable: Whether the information or opinion is true or not; and Whether the information or opinion is recorded in a material form or not. If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as "personal information" and will not be subject to this privacy policy.
What information do we collect? The kind of personal information that we collect from you will depend on how you use the website. The personal information which we collect and hold about you may include: name, contact information including phone number, e-mail address and postal address, Facebook or Instagram details.
How we collect your personal information:
We may collect personal information from you whenever you input such information into the website. We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.
Purpose of collection:
The purpose for which we collect personal information is to provide you with the best service experience possible on the website. We will not disclose your personal information to anybody other than those who are contracted to our company. We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
What do we do with your information?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you e-mails about our store, new products and other updates.
Third Party Services:
Peaches & Peonies may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service. We may release appropriate information to third parties such as courier companies to assist with the fulfilment of your order.
These third parties are prohibited from using your personally identifiable information for any other purpose. Peaches & Peonies do not share any information with third parties for any unknown or unrelated uses.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
Please remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
External Links:
Links on www.peachesandpeonies.com.au to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of Peaches & Peonies.
Your Security:
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
Disclosure: We may disclose your personal information if we are required by law to do so or if you violate our terms and conditions.
Age of consent:
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Access and correction: Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.
Consent and withdrawal of consent:
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at contact@peachesandpeonies.com.au
Complaint procedure: If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us directly at contact@peachesandpeonies.com.au.
All complaints will be considered by our team and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.
Your personal information will not be disclosed to recipients outside Australia unless you expressly request us to do so. If you request us to transfer your personal information to an overseas recipient, the overseas recipient will not be required to comply with the Australian Privacy Principles and we will not be liable for any mishandling of your information in such circumstances.
Changes to this Privacy Policy:
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
We pride ourselves on being honest and ethical. Please return the courtesy by using good judgement and common sense when using our products; Small items are not to be given to small children, products should not be put in mouths or other orifices unless otherwise explicitly said so. If you are unsure if the product is suitable for something please ask. We do not take responsibility for accidents, damage or injury caused by misjudgment.
The information contained on the website is provided by CC & AW Investments Pty Ltd T/As Peaches & Peonies in good faith. To the best of our knowledge, the information is accurate and current. All items advertised on www.peachesandpeonies.com.au are available to purchase unless otherwise stated.
If you have further queries, or require further clarification regarding the above, please contact us at contact@peachesandpeonies.com.au and we will aim to get back to you within 24 hours.
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