TERMS AND CONDITIONS
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Website and Online Store Terms and Conditions
The online store made available at the URL estore-au.pandora.net (PANDORA Online Store) is operated by Pandora Retail Pty Ltd ABN 22 126 737 399 (PANDORA, We or Us), a company registered in Australia.
PANDORA believes strongly in protecting the privacy of its users and customers.
By ordering Products, you agree to be bound by these Sales Terms.
In addition to the Sales Terms, by ordering any Products via the PANDORA Online Store you acknowledge and agree that your use of the website at www.pandora.net will be governed by:
1. About these Sales Terms
BEFORE PLACING AN ORDER FOR PRODUCTS YOU MUST READ AND AGREE TO BE BOUND BY THESE SALES TERMS.
IF YOU ARE UNABLE TO AGREE TO THESE SALES TERMS YOU MAY NOT PROCEED TO PURCHASE ANY PRODUCTS FROM THE PANDORA ONLINE STORE.
These Sales Terms apply to all orders for and purchases of Products made from the PANDORA Online Store.
PANDORA may revise these Sales Terms from time to time. Any changes to these Sales Terms will be effective on the date on which they are posted on the PANDORA Online Store.
PANDORA will communicate with you electronically by email when you order and purchase Products from the PANDORA Online Store.
2. Your account
If you create an account (personal user identification or username) on the PANDORA Online Store you are responsible for:
- maintaining the confidentiality of your username and password;
- restricting access to your password; and
- all activities and each purchase that occurs under your account unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.
You warrant that the Products purchased under these Sales Terms from the PANDORA Online Store are being purchased for personal use (not commercial use) and will not be resold or resupplied.
3. Placing an Order
To be able to buy Products you must:
- read and accept these Sale Terms;
- provide your name and address, phone number, email address, payment details and other required information;
- provide a delivery address within Australia (Note: PANDORA is unable to deliver to certain addresses, including but not limited to, P.O. Box addresses, overseas army addresses, some hotels, hostels or prisons); and
- be aged 18 years or over, be legally capable of entering into binding contracts and the owner or authorized holder of a valid debit/credit card, if paying for the Products with a debit/credit card.
You may place an order by clicking on the "ADD TO BAG" button and proceeding to the checkout page.
You will be provided with an opportunity to review your order, read and accept the Sales Terms, check the total price of your order and the information you have provided, and correct any input errors before confirming your order. PANDORA will not be responsible for any delay or failure to process your order if it is not completed properly or accurately.
If you place any Products in your Bag and accept our Sales Terms but do not complete your order (including if you do not provide your shipping or payment details or if you close your internet browser window before completing the order process), you agree that we may send you one or more emails reminding you that you have an uncompleted order and prompting you to visit our online store to complete your purchase.
4. Delivery Locations
The PANDORA Online Store currently only ships to addresses within Australia. We regret that we cannot deliver elsewhere.
5. Order Processing and Contract Formation
Once you have submitted and confirmed your order using the PANDORA Online Store, PANDORA will send an email to the email address you provided, acknowledging receipt of the order and setting out details of the ordered Products (Order Receipt Confirmation Email).
The products on the product pages of the PANDORA Online Store are not an offer to sell but an invitation to treat only. PANDORA may choose to reject all or part of an order in PANDORA’S sole discretion for any reason, including without limitation in the case of abnormal orders and orders which PANDORA suspects are not placed in good faith or for personal use, or orders in response to incorrect offers on the PANDORA Online Store made as a result of human, system or technology error (including errors in the image, description or price).
PANDORA may from time to time impose quantity restrictions or limits on the Products you can order. Any quantity or total value restrictions will be stated on the PANDORA Online Store or communicated to you at the time of placing your order or otherwise communicated to you. If PANDORA rejects an order PANDORA will refund any money paid for that order.
After receiving your order, PANDORA will check that the ordered Products are available. A separate contract for the sale of the ordered Products between you and PANDORA on these Sales Terms will be formed when PANDORA emails you confirming that all or part of the order is available and has been dispatched (Shipment Confirmation Email). The contract is formed on sending the Shipment Confirmation Email whether or not you receive such email. You are encouraged to download, save and print a copy of your Order Receipt Confirmation Email, Shipment Confirmation Email and these Sale Terms for your records.
The contract will only relate to those Products which have been despatched and are listed in the Shipment Confirmation Email. PANDORA will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation Email.
If you would like to cancel your order after you have received your Shippment Confirmation Email, please see the Returns and Refunds section below.
6. Prices, Shipping and Handling, Charges and Taxes
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation Email and in your Shipping Confirmation Email. If you place additional or separate orders after receiving the Order Receipt Confirmation you will incur additional shipping and handling charges for such additional orders.
The Products, prices and promotional offers (if any) made on the PANDORA Online Store only apply to orders placed on the PANDORA Online Store and may be different from those available in physical stores selling PANDORA products.
If there is a pricing error, whether on the PANDORA Online Store or in an Order Receipt Confirmation Email or otherwise, then to the extent permitted law PANDORA has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation Email PANDORA will contact you with the correct price before processing your order, and your sole remedy if such error occurs is to cancel your order.
You acknowledge that even after PANDORA has sent you a Shipping Confirmation Email, if the pricing error is obvious and could have reasonably been recognised by you as a misprice, then PANDORA is under no obligation to provide a Product to you at an incorrect (lower) price.
Prices for the Products include GST or other applicable taxes but do not include charges for shipping and handling.
Separate charges for shipping, handling and their related GST or other taxes will be shown in your Order Receipt Confirmation Email and can be viewed on a summary screen prior to finalizing your order.
Prices for Products and for shipping and handling may be changed at any time without notice to you, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation Email (save in the case of a manifest pricing or other error as described above).
From time to time promotional codes may be offered to the public or individual customers. To redeem a promotional code, the code should be entered during check out (of a valid transaction) when prompted. Unique promotional codes can only be used by intended recipient and cannot be transferred to another customer. Discount cannot be used in conjunction with any other offer including other promotional codes and/or gift with purchase promotions. Promotional codes cannot be used for the purchase of a PANDORA Gift Card or eGift Card. Promotional codes are not valid for redemption in PANDORA stores and cannot be exchanged for cash. Promotional codes cannot be used retroactively on orders that have already been placed. Delivery charges are excluded from the calculation of % off discount promotional codes.
Payment must be made by one of the methods you have selected during the checkout process (being VISA, MasterCard, American Express, or PayPal). The name on the credit card must be the same as the name of the person placing the order.
If PANDORA does not receive the authorization that the payment has been processed PANDORA reserves the right to cancel your order.
The value of your purchase will be settled from the applicable card when the order is placed.
If your credit card payment cannot be processed you will be notified of this on the PANDORA Online Store. You will then need to contact the card issuer and endeavour to resolve the issue.
You should allow approximately 3-11 business days for standard delivery and 1-7 business days for express delivery for in stock items, provided that your payment is received before 2pm on the day that the order is placed. PANDORA reserves the right to substitute another carrier of equal or lesser cost to deliver your order.
If PANDORA cannot deliver your order within the period specified in your Shipping Confirmation Email then PANDORA will endeavour to contact you and you may choose to cancel your order and receive a full refund.
If you unreasonably defer delivery or delay the receipt of delivery after the shipping provider has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to PANDORA.
9. Events Outside PANDORA’s Control
PANDORA shall not be responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control including but not limited to:
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- strikes or lock-outs (or other industrial action);
- national or local states of emergency;
- failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
- the acts, decrees, legislation, regulations or restrictions of any government.
PANDORA's performance is deemed to be suspended for the period that the above continues.
10. Product Availability
PANDORA uses reasonable efforts to ensure the availability of Products you order from the PANDORA Online Store. However Products are made available to purchase on a "first in-first out" basis and are only available whilst stocks last.
11. Product Information
Please take care when placing your order to ensure that the Products you purchase are suitable for the intended use. Please use the PANDORA Online Store as your final point of reference when checking the kind of product that you are ordering. If there is a difference between the PANDORA Online Store content and any other website (or any other source of information) the Products as shown on the PANDORA Online Store at the time of purchase will take precedence.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged during transportation, please immediately contact PANDORA Customer Support Centre either by email or phone for assistance.
12. Title to Products
PANDORA retains full legal title to Products until it has received all amounts due on the ordered Products in full and you have received your Shipping Confirmation Email. The Products will be at your risk from the time of delivery.
13. Return and Refund if You Change Your Mind
As a goodwill gesture, we have a 30 day return and refund policy for unused and undamaged Products if you change your mind and return them, at your cost, within 30 days of delivery with a valid proof of purchase. This policy only applies to Products purchased on the PANDORA Online Store. It is offered in Australia and may not be available in other international markets. Independent jewellery stores that sell PANDORA jewellery will have their own exchange policy for change of mind which may be different from that set out above. If you did not purchase from the Pandora Online Store then contact your retailer for further information. You have additional rights under the Australian Consumer Law that are not limited by this policy.
In addition to your rights under the Australian Consumer Law and subject to the conditions set out below, if for any reason you change your mind and no longer want the Products, you can return any unused and undamaged Product purchased from the PANDORA Online Store to the location notified by PANDORA within 30 days of delivery for a refund. You must pay your own shipping and transport costs. Your legal rights in respect of defective goods are unaffected. If you wish to return the Products you will need to telephone the PANDORA Customer Support Centre (see clause 17 for contact details) or complete Pandora’s online return request form.
If you do not return the Products within 30 days of delivery or do not have proof of purchase, PANDORA may refuse to give you a refund. If you return any Products in a used or damaged condition, PANDORA may deduct from any refund due to you (or otherwise seek to recover from you) an amount equivalent to the reduction in value of the Products, which might be 100% of the purchase price.
Once PANDORA has received and validated your returned Products, PANDORA will send you an email to confirm the validation. Your refund will then be processed by PANDORA and confirmed to you by email.
Gift with Purchase
If you received a gift with the purchase of your Product and wish to return the gift or product for a refund, both the gift and the Product must be returned unless the total value of the Products not returned and purchased as part of the same transaction is equal to or greater than the amount that you were required to spend in order to be eligible for the gift. Please refer to individual Gift with Purchase Terms and Conditions.
Gift with purchase promotional offers are:
- only available during the promotion period specified and while the stock is available;
- limited to one gift per customer;
- not valid in conjunction with any other promotional offer; and
- exclude sale items.
When you order Products as part of a gift with purchase promotion you will be required to confirm your acceptance of any applicable and additional Gift with Purchase Terms and Conditions that may apply to the promotion at the time of placing your order. If applicable such terms and conditions will form part of these Sales Terms.
14. Jewellery Warranty Against Defects
PANDORA will at our option, repair or replace, jewellery proven by our jewellers to be defective due to the manufacturing process within 12 months after the date of purchase.
This warranty is offered in Australia and New Zealand and may differ in other international markets.
Jewellery warranty exclusions
This warranty against defects does not cover loss, damage, breakage, changes in appearance, kinks, or the gradual degradation of all or part of the goods due to: normal wear (including tarnishing); mishap; careless handling; improper use; the use of charms or items not manufactured by PANDORA; or use outside PANDORA’s care instructions. Tarnishing occurs naturally and therefore, cleaning is not covered by this warranty against defects.
Proof of purchase
Proof of purchase in the form of a Jewellery Authenticity Card (unless otherwise agreed by us), plus a receipt, gift receipt, credit card, bank statement or tax invoice or other evidence of purchase which is satisfactory to us is required before we will process any warranty claim.
How to make a warranty claim and access our jewellery maintenance service
** Do not send your jewellery directly to PANDORA head office**
You will need to take your jewellery and your proof of purchase, at your cost, to your local PANDORA Concept Store, being a fully branded store which only sells Pandora products (Note: Stores selling other brands of jewellery are not Concept Stores.) If you are unable to take your jewellery to your local Concept Store you may be charged transport and postage costs by the retailer. If PANDORA is satisfied that the warranty claim is valid PANDORA will at its option arrange for either the repair or replacement of the jewellery. PANDORA will advise you of your repair options (if any) and the retailer’s charges if your warranty claim is not accepted by PANDORA.
Australian Consumer Law
The PANDORA warranty against defects provides benefits in addition to the rights and remedies to which you are entitled under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Our 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 reasonably 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. [Note: “major failure” has a specific meaning under the Australian Consumer Law.]
15. Product Liability, Exclusions and Limitations
The only conditions and warranties which are binding on PANDORA in respect of the Products and services supplied by PANDORA on the PANDORA Online Store are those expressly set out in these Sales Terms and required to be binding by statute; including the applicable provisions of Australian Consumer Law. All other statutory or implied terms, conditions, guarantees or warranties concerning the quality or condition of the PANDORA Online Store, or any Products or goods, information, service, material, advice or recommendation supplied by PANDORA to you through the PANDORA Online Store, are excluded to the fullest extent permitted by law.
If PANDORA breaches any term, condition, guarantee or warranty which cannot lawfully be excluded but can be lawfully limited, then to the extent permitted by law and without limiting your rights under the Australian Consumer Law, PANDORA’s liability for such breach is limited to either, at PANDORA’s election: (a) resupplying of the Products (or equivalent goods) you have purchased in respect of which the claim arises; or (b) paying the amount you paid us for those Products.
To the fullest extent permitted by law and except to the extent (if any) provided in these Sales Terms PANDORA has no liability to you or any other person for any loss of or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage however caused which may be suffered or incurred or which may arise from or in connection with your use of the PANDORA Online Store or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these Sales Terms.
PANDORA does not warrant that any of the functions contained on the PANDORA Online Store or your access to the PANDORA Online Store will be uninterrupted or error-free, or that any notifications, will be made in a timely manner, or at all.
We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users movements, and gather broad demographic information.
As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.
You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility or liability for any interference or damage to your own computer system which arises in connection with your use of our website or any linked website
Our website may contain links to other websites operated, controlled or produced by third parties. We make no representations or warranties relating to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.
PANDORA is not liable for any loss or damage caused by the PANDORA Online Store or any website operated, controlled or produced by third parties linked to or from the PANDORA Online Store.
If any provision of these Sales Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Sales Terms and shall be enforced to the fullest extent permitted by applicable law not affecting the validity and enforceability of any remaining provisions.
18. Contact details
PANDORA Customer Support Centre will assist you with any PANDORA Online Store order related questions or complaints. You can contact PANDORA either via the form at ausupport.pandora.net or by phone 1800 313 554 from Monday to Friday between 8am and 6pm. PANDORA Customer Care Centre is closed on the following Australian public holidays:
- 25 December (Christmas Day)
- 26th of December (Boxing Day)
- 1 January (New Year's Day)
- 26th of January (Australia Day)
- Good Friday
- Easter Monday
- 25th April (ANZAC Day)
- Queen’s birthday
- Labour Day
19. Transfer of rights and obligations
These Sales Terms are binding on you and PANDORA and on any person to whom PANDORA might transfer its rights.
You must not transfer, assign, charge or otherwise deal with a contract with PANDORA, or any of your rights or obligations arising under it, without our prior written consent.
PANDORA may transfer, assign, charge, sub-contract or otherwise deal with a contract with you, or any of PANDORA's rights or obligations arising under it, at any time during its term.
If PANDORA fails, at any time to insist upon strict performance of any of your obligations under these Sales Terms, or if PANDORA fails to exercise any of the rights or remedies to which it is entitled under these Sale Terms this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
21. Entire agreement
You acknowledge that, in entering into a contract with PANDORA, you have not relied on any representation, undertaking or promise given by PANDORA or any third party or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Sales Terms.
21. Governing law and Jurisdiction
These Sale Terms and your purchase of products from PANDORA through the PANDORA Online Store shall be governed by and construed in accordance with the laws of New South Wales, Australia. Your transaction is deemed to have taken place in New South Wales.
Any dispute or claim arising out of or in connection with these Sales Terms or your purchase of Products from PANDORA (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.
Without prejudice to PANDORA’s termination or other rights under any other provision of these Sales Terms or applicable law, PANDORA may at any time prior to delivering the Products to you, immediately terminate the contract for the supply of Products to you if:
- in PANDORA’s reasonable opinion you breach these Sales Terms and the breach is not capable of being remedied; or
- you breach these Sales Terms, the breach is capable of being remedied, and you fail to remedy the breach after we have given you 7 days to remedy the breach.
If PANDORA terminates the contract pursuant to this clause PANDORA will refund any money received for that order.
The website at estore-au.pandora.net (Website) is operated by Pandora Retail Pty Ltd ABN 22 126 737 399 (PANDORA, we or us). “you” means the individual (including a company) using the Website and, where you are accessing the Website in your capacity as an employee of or contractor to a body corporate or other legal entity, “you” includes your employer.
2 Purchasing of products
3 Intellectual property rights
PANDORA or its related companies (or their licensors) own the intellectual property rights (including copyright and trade marks) in the Website and the contents of the Website. You must not copy, modify, transmit or adapt the contents of the Website or the Website themselves or otherwise infringe the intellectual property of PANDORA, its related companies or their licensors.
All materials displayed on the Website, including without limitation all information, text, photographs, illustrations, artwork and other graphic materials (Content) are the property of PANDORA or its related companies or their suppliers and/or licensors unless indicated otherwise on the Website, and are protected by copyright, trade mark and other intellectual property laws.
All Content may be downloaded, viewed and printed for your personal, non-commercial use only and provided that all Content is intact and in the same form as presented on the Website (including all copyright, trade mark and other proprietary notices). Except as permitted above, you must not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party without the express prior written consent from the relevant owner of the intellectual property rights. You must not otherwise infringe the intellectual property of PANDORA or its related companies or their suppliers and/or licensors.
6 Your Comments and Posting Policy
When using the Website you must not do any of the following:
- use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by PANDORA in its sole and absolute discretion;
- upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
- collect or store personal data about other users;
- use the Website for any commercial purpose not expressly approved by PANDORA in writing;
- upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication via the Website; or
- upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Website or any computer software or hardware or telecommunications equipment.
From time to time on certain areas of our Website you may be able to submit product reviews, questions, written posts/responses, images, and certain other materials (User Content). Your User Content must be in English. Comments in other languages may be deleted by PANDORA or our moderators. It is your responsibility to ensure that your User Content is not in any way racist, defamatory, in breach of anyone’s privacy or any other legislation and that you use respectable language.
By using the above features, you agree that you will not do any of the following:
- submit or post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by PANDORA;
- submit or post any content that contains personal information about any individual, violates the privacy of any person, or includes anything that you are under a contractual obligation to keep private or confidential;
- impersonate any person or organization, including without limitation, the personnel of PANDORA, or misrepresent an affiliation with another person or organization; or
- submit or post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website.
You understand and agree that you have no ownership rights to any account you may have with us or other access to the Website, your User Content, or other features contained on the Website.
PANDORA may cancel your account and delete all User Content associated with your account at any time, and without notice, if PANDORA deems that you have violated these Terms, the law, or for any other reason.
PANDORA assumes no liability for any information removed from our Website, and reserves the right to permanently restrict access to the Website or a user account. For greater certainty, and without limiting the effect of the foregoing, PANDORA reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.
By displaying, publishing, submitting or otherwise posting any User Content on or through the Website, you hereby irrevocably grant to PANDORA a non-exclusive, fully sub-licensable, non-revocable, perpetual, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such User Content in any and all media now known or developed in the future without the requirement to make payment to you or to any third party or the need to seek your or any third party permission. Further, you waive all moral rights in and to all User Content that you post, upload or otherwise submit to or through, the Website in favor of PANDORA. This license and waiver of rights includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or developed in the future, such as for use on mobile phones, or in video, music, software or other computer programs.
While PANDORA endeavours to take reasonable care in preparing and maintaining the information on the Website, PANDORA makes no representation about the accuracy, reliability, adequacy, completeness or timeliness of the Content, including the price of any products available for purchase from PANDORA’s online store at estore-au.pandora.net. The Content may contain inaccuracies or typographical errors. The Content is subject to change at any time without notice and may not be up to date or accurate at the time you view it. The use of the Website and Content is at your own risk.
8 Exclusion of warranties
Any warranties in relation to any products that you purchase from PANDORA’s online store at estore-au.pandora.net will be determined in accordance with the terms of sale [# Pandora to insert link] and not under this clause 8.
To the maximum extent permitted by applicable law:
- all statutory and implied guarantees, warranties and conditions of any kind in connection with the Website and its contents are expressly disclaimed. PANDORA does not exclude any statutory or implied guarantee, condition or warranty which it is prohibited by law from excluding or limiting (but only to that extent);
- PANDORA does not warrant that your access to the Website will be uninterrupted or that the Website will operate error free, that any defects will be corrected or that the Website and their servers are free of computer viruses, trojans, spyware and other harmful material;
- PANDORA does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or that it will give notice of such use, modification or alteration;
- PANDORA does not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Website or its Contents. Your use of the Website and the information on it is at your own risk; and
- the Website and its Contents are provided on an “as is” basis without any warranties of any kind. PANDORA may change the Website or limit or terminate your access to the Website at any time without notice.
PANDORA makes no representation that the Contents of the Website comply with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
9 Limitation of liability
Any liability relation to any products that you purchase from PANDORA’s online store at estore-au.pandora.net will be determined in accordance with the terms of sale listed above and not under the terms of this clause 9.
To the extent permitted by law and without limiting any non-excludable consumer rights you may have, PANDORA will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive loss or damages of any nature whatsoever, including any loss of profits, revenue, opportunity, goodwill, expectation, business, savings, data or unavailability of systems or other loss, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with the Website, or any use of or access to, or any inability to use or access, the Website.
To the maximum extent permitted by applicable law, the liability of PANDORA, its related companies and their respective directors, employees, suppliers and agents under any condition, warranty or guarantee which cannot by law be excluded is limited at the option of PANDORA to the following:
In the case of services:
The supply of the services again; or
The payment of the cost of having services supplied against; and
In the case of goods:
The replacement of the goods or the supply of equivalent goods;
The repair of such goods;
The payment of the cost of replacing the goods or acquiring equivalent goods; or
The payment of the cost of having the goods repaired.
11 Compliance with all applicable laws
You acknowledge and agree that you will be solely responsible for ensuring that your use of the Website complies with all laws that are applicable to you.
The Website contains hyperlinks and other pointers to internet websites operated, controlled or produced by third parties (Linked Sites). The Linked Sites are not under the control of PANDORA and PANDORA is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. The links are provided solely for your convenience and do not indicate expressly or impliedly, any endorsement by PANDORA or its related companies for the Linked Site or the products or services provided at those sites. You access any such Linked Site entirely at your own risk.
We exercise no control over the quality, safety or legality of the products or services advertised or sold and statement made through any Linked Sites. The material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any purchases or dealings you have with a Linked Site are done at your own risk. PANDORA is not a party to any transaction between you and a Linked Site.
Any material that you send to use on or via the Website will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. PANDORA and its related companies will be entitled to use and or all of it for any purpose without compensation to you, including for reproduction, disclosure, transmission, commercialisation, product development, publication, broadcast and posting.
14 Interference with the Website
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Website or any material or Content displayed on the Website.
16 Governing law and disputes
By using the Website, you agree that any dispute arising in connection with these terms and conditions, or your use of the Website, will be resolved in accordance with the law applying in the State of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of New South Wales and of the Commonwealth of Australia.
OUR GIFT TO YOU