Terms & Conditions
TERMS & CONDITIONS
We may make changes, so please check regularly for updates.
All prices displayed throughout this site are AUD$ Australian Dollars unless otherwise specifically stated.
TERMS OF SALE
You will be required to provide the following before making a purchase:
Your personal details
Your payment details that are both valid and correct
Confirmation that you are the person referred to in the Billing information provided.
By placing an order through our Site, you warrant that you are at least 18 years old or have permission from a parent or guardian and you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks.
All orders are subject to acceptance and availability; PIPER MAGIC retains the right to refuse any request made by you.
All returns processed are subject to our return & exchange policy.
INTELLECTUAL PROPERTY RIGHTS
This Site and it’s contents are protected by intellectual property rights. This includes copyright, trademark, designs, third party trademarks and all other intellectual property and material rights relating to the content of the Site. Unless you are permitted by us, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Piper Magic tries to ensure that the information on this site is accurate and complete. Piper Magic does not promise that Piper Magic’s Content is accurate or error-free. Piper Magic does not promise that the functional aspects of the Site or Piper Magic Content will be error free or that this Site, Piper Magic Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed. Opinions expressed in interviews and by contributors are the personal opinions of the authors and do not reflect the views of Piper Magic . By contributing you agree to be solely responsible for the content of all information you contribute. You also grant to Piper Magic a right to use any content you provide for its own purposes including republication in any form or media. This site is available to the public, information you consider confidential should not be contributed to this site. The personal opinions of any third parties with whom we are associated are their own and do not necessarily reflect the views of Piper Magic and we accept no responsibility for any such views expressed in any media.
Piper Magic cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Piper Magic entirely of all responsibility for any consequences of its use.
THIRD PARTY ASSOCIATION
The Site provides links to other websites, resources and promotions or advertisers and merchants. PIPER MAGIC has not reviewed all Site links and you acknowledge that we are not responsible for such external sites or third party resources, we do not endorse and are not liable for any content, advertising, products, services or dealings you may have with a third party, nor shall we be deemed to be acting as an agent for you in any such dealings.
LINKS TO OTHER SITES
Piper Magic is not responsible for the privacy practices of sites that are linked to this site via hyperlinks or otherwise.
ORDER & CUSTOMER REGISTRATION
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify Piper Magic immediately of any breach of security or unauthorized use of your account.
Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or cancel your order and notify you of such cancellation.
CURRENCIES & EXCHANGE RATES
Product prices for the entire Piper Magic range are displayed in AUD$ Australian Dollars. If you are purchasing in a currency different to your credit/ debit card, please note that it is common practice for banks and credit card providers to have different selling and buying exchange rates for currency and your card issuer may choose to charge you a foreign exchange transaction fee. We do not accept responsibility for charges or differing rates of currency exchange or fees levied by a customer's bank or credit card provider.
TAXES & DUTIES
Prices when shown on the site in are inclusive of Australian GST (Goods and Services Tax) at the applicable rate unless you shipping to another country where GST is not chargeable.
Shipments to the USA under a USD$200 threshold are exempt from duties and taxes.
All customers buying from outside of Australia should note that any import duty or tax costs are not included in the purchase price. We recommend you contact your local customs authority to determine a landed cost price prior to your purchase completion.
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
The conditions of use relating to any discount code will be specified at the time of issue.
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Piper Magic and its suppliers and content providers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Piper Magic liability for death or personal injury arising from its negligence, or for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
As to ownership of trademarks, images of personalities and third party copyright; except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Piper Magic and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Piper Magic.
You agree to indemnify, defend and hold harmless Piper Magic, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
These Terms constitute the entire agreement between you and us. Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The laws of Australia shall govern these Terms and the relationship between you and us and the Australian courts shall have non-exclusive jurisdiction over any dispute. We reserve the right to vary these Terms from time to time, such variations becoming effective immediately upon posting to the Site and by continuing to use it, you will be deemed to accept any such variations.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
ERRORS AND OMISSIONS
In the case of errors or omissions on the website Piper Magic reserve the right to refund your order prior to the goods being dispatched.
Piper Magic reserves the right to cancel any order if the product is no longer available. No compensation will be paid in such cases but customers will be notified and reimbursed for the full cost of the order.
Every care has been taken to ensure that the descriptions and specifications of Piper Magic products are correct. The colours shown on the website are a close representation, but slight variations in the actual product colours may occur due to different screen resolutions and browsers.
PIPER MAGIC is a registered legal entity
The Piper Magic logo is used as a trademark
Australian Business Number: 42 665 798 220
Layby Terms, agreements and contract
Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com has identified core principles we believe are integral and imperative for all Lay-Buy agreement deals transacted through our PUT IT ON LAY-BUY powered by PayPal checkout payment option to be fair and reasonable per the Fair Trading Act 1999.
The following principles below therefore make up the Terms & Conditions for any Lay-Buy or Layby contract and related transactions entered into. This applies to all and any lay-by contract template utilized by both the vendor or consumer:
Record of Payment
A record of payments transaction history will always be available for both the merchant and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed lay-by policy.
Storage and Identification of Lay-Buy Products
Product’s on Lay-Buy will be set aside and stored separately to other products. Products will be clearly identified as ‘Lay-By contract’ products by a number or some other identification.
Cancellation of Lay-Buy by Buyer
The buyer may cancel their LayBy agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising seller in writing or if seller agrees, orally.If a buyer cancels a Lay-Buy, seller will, if so requested by the seller, give the buyer a “cancellation statement” which sets out-
a) The purchase price of the products; and
b) Advise customer of the cancellation fee payable to seller under all Lay-By terms and conditions; and
c) The total amount paid under the Lay-Buy; and
d) Any amount owing to either the buyer or seller under the layby terms on the cancellation of the Lay-Buy.If seller does not accept the buyer’s oral cancellation it is obliged to give/send the buyer a duly completed Lay-By Form of Cancellation immediately.
Cancellation of Lay-Buy by Seller
The seller under a Lay-Buy must not cancel it unless –
a) The buyer breaches a term of the Lay-Buy; or
b) The seller stops trading; or
c) The products are no longer available
Cancellation on breach by Buyer
If a buyer has breached a term of a Lay-Buy and seller intends to cancel the Lay-Buy, before doing so seller must –
a) Give the buyer notice of seller’s intention to cancel the Lay-Buy; and
b) Allow the buyer at least 14 days within which to rectify the breach; and
c) The notice to be given has to be:I) in writing, sent to the buyer’s last known address, or, if the buyer so agrees, orally; and
II) must specify the breach of the Lay-Buy for which the Lay-Buy is being cancelled; and
III) must state the time within which the buyer must rectify the breach;
IV) must state the matters listed per below:* the purchase price of the products;
* all cancellation charges payable under the agreement; and
* the total amount paid under the Lay-Buy;
* any amount owing to either the buyer or seller under the terms of the Lay-Buy on the cancellation of the Lay-Buy.The Lay-Buy is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or Seller agrees not to cancel it.
Cancellation where business closes
If Seller under a Lay-Buy agreement proposes to stop trading before the agreement is completed, Seller must give notice of the proposal to the buyer and must either –
(a) allow the buyer 7 days within which to complete the agreement; and
(b) cancel the Lay-Buy
Cancellation where products not available
If the products are no longer available, Seller must cancel the Lay-Buy and refund all monies to the buyer.
Effect of Cancellation
Subject to the above, when a Lay-Buy is cancelled by either party, Seller must refund all money paid within 14 days less a AUD $25 cancellation fee. There are circumstances which prohibit Seller from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or not delivered or where Seller has breached a term of the Lay-Buy statement.
Seller shall charge the buyer a AUD $25 cancellation fee under the terms of all Lay-Buy deals.
Banking Charges back Fees
The seller shall be entitled to pass-on to the buyer all charge back fees received by any given bank for any given customer charge back from any given Lay-Buy deal.
Seller shall not charge the customer any interest charges, membership fee or service fee on any Lay-Buy sales transaction. Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com charge an admin fee, which is a once-off 0.9% of the total order value at checkout. The buyer will pay this amount to Lay-Buys at checkout at time of paying the down payment. This fee is an admin fee and is therefore not refundable.
Seller shall have reporting in place for all Lay-Buy deals covering Down Payment made, Lay-Buy period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made).
The seller will only dispatch the buyer product/s after receiving the final installment payment for all Lay-Buy deals.
14.1 This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
14.2 This Agreement may be amended only by a written instrument duly executed by all parties hereto.
14.3 The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
14.4 This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
14.5 Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.