Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated under the trading name PIVOT™. Throughout the site, the terms “we”, “us” and “our” refer to PIVOT™.
PIVOT™ provides this website, including all information, tools, products and services available through the site, to you conditioned upon your acceptance of these Terms of Service.
By visiting our site and/or purchasing something from us, you agree to be bound by these Terms of Service, together with our Privacy Policy, Refund Policy and Shipping Policy.
Please read these Terms carefully before accessing or using our website. If you do not agree to these Terms, you should not use the website or purchase products through it.
Our store is hosted by Shopify, which provides the ecommerce platform that allows us to sell our products to you.
1. ONLINE STORE TERMS
By using this website, you confirm that you are legally capable of entering into a purchase transaction.
You may not use our products or services for any unlawful or unauthorised purpose, and you must not violate any applicable laws when using our website.
You must not transmit viruses, malicious code or other material that could harm or interfere with the operation of the website.
We reserve the right to refuse or cancel an order where reasonably necessary, including in cases of suspected fraud, payment issues, pricing errors or product availability problems.
2. PRODUCT INFORMATION
We make reasonable efforts to display our products, colours, images, descriptions and specifications as accurately as possible.
However, colours and appearance may vary slightly depending on your device, screen settings, lighting and manufacturing variations.
We may update product descriptions, prices or availability from time to time without prior notice.
All products are subject to availability.
3. ORDERS AND PRICING
All prices displayed on our Australian store are in Australian dollars (AUD) unless otherwise stated.
We reserve the right to correct genuine pricing, product information or technical errors.
Submitting an order does not necessarily mean that we have accepted it. We may cancel or limit an order where reasonably necessary, including where a product is unavailable, payment cannot be processed, or we reasonably suspect fraudulent or unauthorised activity.
If we cancel an order after payment has been received, the relevant amount will be refunded.
4. SHIPPING AND DELIVERY
PIVOT™ currently offers delivery within Australia according to the shipping options displayed during checkout.
Estimated delivery times shown on our website or during checkout are estimates only and may be affected by circumstances outside our reasonable control, including carrier delays, customs processing, weather, public holidays and other logistical disruptions.
Please ensure that your shipping address is accurate before submitting your order.
Further information about shipping and delivery is available in our Shipping Policy.
5. RETURNS, REFUNDS AND AUSTRALIAN CONSUMER LAW
Returns and refunds are handled according to our Refund Policy and applicable Australian law.
Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot legally be excluded under the Australian Consumer Law.
Our products come with guarantees that cannot be excluded under the Australian Consumer Law where those guarantees apply.
If a product has a major problem, you may be entitled to a replacement or refund. You may also be entitled to have a product repaired or replaced if it fails to meet an applicable consumer guarantee.
Please refer to our Refund Policy for further information.
6. PAYMENTS
Payments are processed through the payment methods made available during Shopify checkout.
You agree to provide current, complete and accurate payment and billing information when making a purchase.
We do not directly store your complete payment card details. Payment information is handled by Shopify and/or the relevant payment provider according to their own security and privacy practices.
7. PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy.
We collect and use personal information as reasonably necessary to operate the store, process orders, provide customer support and fulfil our legal obligations.
8. THIRD-PARTY SERVICES
Our store may use third-party services, including Shopify, payment providers, delivery providers and fulfilment partners.
Some parts of your order may therefore involve third-party providers.
We are not responsible for independent third-party websites or services that are outside our reasonable control, except to the extent that responsibility cannot legally be excluded.
9. INTELLECTUAL PROPERTY
Unless otherwise stated, the content of this website, including PIVOT™ branding, text, graphics, designs and original website content, is owned by or licensed for use by PIVOT™.
You may use the website for personal, non-commercial purposes.
You may not reproduce, copy, distribute or commercially exploit our original website content without permission, except where permitted by law.
10. PROHIBITED USES
You must not use our website:
(a) for unlawful purposes;
(b) to violate applicable laws or regulations;
(c) to infringe intellectual property rights;
(d) to submit false or misleading information;
(e) to transmit malicious software or harmful code;
(f) to interfere with the security or operation of the website;
(g) to collect or misuse another person's personal information; or
(h) to engage in fraudulent activity.
We may restrict access to our website where we reasonably believe these Terms have been violated.
11. DISCLAIMER AND LIABILITY
We aim to provide accurate information and a reliable service, but we do not guarantee that the website will always be uninterrupted or error-free.
To the maximum extent permitted by law, we are not responsible for losses caused by circumstances outside our reasonable control.
Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or remedy that cannot legally be excluded under Australian law, including applicable rights under the Australian Consumer Law.
12. INDEMNITY
To the extent permitted by law, you agree to be responsible for losses or claims arising directly from your unlawful use of the website or material breach of these Terms.
This section does not limit any rights you have under Australian law.
13. SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary, while the remaining provisions will continue to apply.
14. TERMINATION
You may stop using our website at any time.
We may suspend or terminate access to the website where reasonably necessary because of misuse, fraud, unlawful activity or a material breach of these Terms.
Any rights or obligations that by their nature should continue after termination will continue to apply.
15. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy and other policies made available through our store, form the agreement governing your use of our online store.
Nothing in these Terms limits rights available to you under applicable Australian law.
16. GOVERNING LAW
These Terms are governed by the laws applicable in New South Wales, Australia, and applicable Commonwealth laws of Australia.
Nothing in this section limits any rights you may have under applicable consumer protection laws.
17. CHANGES TO THESE TERMS
We may update these Terms from time to time by publishing an updated version on this website.
The version published on our website at the time of your purchase will apply to that transaction, subject to applicable law.
18. CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
PIVOT™
Email: zaydanblfs@gmail.com
Australia