Social Competition Terms and Conditions

 

Website Terms and Conditions

These terms and conditions form the basis on which you can visit us and our website as a consumer. Please read them carefully as they contain important information.

 

This site is owned and operated by Plum Products® Ltd, 303/154-158 Military Rd, Neutral Bay NSW 2089. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at the above address or by email at aushelpdesk@plumproducts.com

 

1) The contract between us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us when we send the goods to you. Our acceptance of your order brings into existence a legally binding contract between us.

 

2) Ownership of rights

All rights, including copyright, in this website are owned by or licensed to Plum Products® Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

 

3) Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

 

4) Damage to your computer

 

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

 

5) Availability

 

All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

 

6) Ordering errors

 

You are able to correct errors on your order up to the point at which you submit it for order processing.

 

7) Price

 

The prices payable for goods that you order are as set out in our website. All prices are inclusive of GST at the current rates and are correct at the time of entering information.

 

Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.

 

8) Payment terms

 

We will charge your credit account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. You undertake to provide us with the correct details for the purchasing of goods, that the credit card you are using is your own and that you have sufficient funds to cover the cost of the product. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.

 

9) Delivery charges

 

9.1 Delivery to remote locations will be charged extra dependent on location, please see our delivery information page to see our delivery charges.

 

10) Delivery

 

10.1 Quoted delivery times apply to working days only.

 

10.2 We will only deliver items to addresses within Australia. If you order through the website and your delivery address is not within Australia mainland, we may need to contact you to take additional delivery charges. Alternatively, please order via our customer support line on (02) 8968 2200 for orders outside the Australia mainland.

 

10.3 We will deliver the goods to the door of your address you specify for delivery in your order and you may be asked to sign for acceptance of the goods. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

 

10.4 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

 

11) Risk and ownership

 

Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time delivery actually takes place. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

 

12) Acknowledgement and acceptance of your order

 

You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on despatch of the good(s) ordered.

 

13) Cancellation rights

 

13.1 Under Australian Consumer Law you have the legal right to cancel your order within 28 days of receipt of your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us in writing if you wish to cancel your contract.

 

13.2 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. This includes any promotional offers and free products. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

 

13.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

 

13.5 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods or we will, by agreement, arrange for the collection of these goods.

 

14) Cancellation by us

 

14.1 We reserve the right to cancel the contract between us if:

 

14.1.1 we have insufficient stock to deliver the goods you have ordered;

 

14.1.2 we do not deliver to your area; or

 

14.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

 

14.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.

 

15) Liability

 

15.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable).

 

If you notify a problem to us under this condition, our only obligation will be, at your option:

 

15.1.1 to make good any shortage or non-delivery;

 

15.1.2 to refund to you the amount paid by you for the goods in question in whatever way we choose.

 

15.2 Any claims for defective goods will only be considered if advised to us immediately upon receipt of goods or in any event within within 21 days of receipt of goods.

 

15.3 Both parties shall only be liable under this contract for losses, which are direct and a reasonably foreseeable consequence of the relevant breach of contract.

 

15.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

 

15.5 You must follow the manufacturers installation advice and instructions at all times. Our products are sold for residential use only. We will not be liable for your failure to adhere to these instructions, your negligence, incorrect installation, incorrect use including non-residential use, vandalising or unauthorised alteration or attachment of equipment other than our own.

 

15.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

16) Notices

 

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at:

 

Plum Products Ltd, 303/154-158 Military Rd, Neutral Bay NSW 2089.

 

ABN number: 30 134 076 770.

 

17) Changes to legal notices

 

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

 

18) Law, jurisdiction and language This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

 

19) Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

20) Privacy

 

You acknowledge and agree to be bound by the terms of our privacy policy.

 

21) Third party rights

 

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

 

22) Online Dispute Resolution

 

In the event of an online dispute, the parties will use the ACCC Online Dispute Resolution Procedure to resolve the dispute: https://www.accc.gov.au

 

23) Redemption of gift vouchers, discount codes and fixed amount discounts

 

Plum Play® gift vouchers, discount codes or fixed amount discounts can be used as full or part payment for products only. They cannot be used in conjunction with any other promotions and offers. Only one type of promotional offer can be used per transaction. Plum Play® gift vouchers, discount codes or fixed amount discounts cannot be used to offset shipping costs.

 

24) Extended Warranty Terms and Conditions

 

24.1 TRAMPOLINES

 

Terms of Extended Warranty on Frame and Springs for Failure due to Rusting

 

This extended warranty:

 

•Covers manufacturing defects caused by rusting failure only

 

•Must belong to the registered owner and is non-transferable

 

•Does not cover general wear and tear of the product inclusive of surface damage or aesthetics

 

•Does not cover weather damage

 

Claims will be considered under the extended warranty only if the following conditions are met:

 

• If the product failure is due to rusting with regard to the frame and /or springs

 

• It is for the initial product purchase, not on any replacement parts or products supplied by Plum thereafter

 

• If the product or parts are purchased from one of Plum authorised retailers

 

• If the item has been assembled, positioned and maintained in accordance with the instructions

 

•The item has not been modified in any way

 

Claims under this extended warranty must be notified to us immediately, failure to do so may invalidate your claim.

 

24.2 WOODEN ITEMS

 

Terms of Extended Warranty for Manufacturing Defects

 

This extended warranty:

 

•Covers manufacturing defects caused by rusting or wood rot failure only.

 

•Must belong to the registered owner and is non transferable.

 

•Does not cover general wear and tear of the product inclusive of surface damage or aesthetics.

 

•Does not cover weather damage.

 

Claims will be considered under the extended warranty only if the following conditions are met:

 

•If the product failure is caused by a manufacturing defect

 

•The wood is treated on an annual basis with a preservative suitable for use on children's play equipment

 

• It is for the initial product purchase, not on any replacement parts or products supplied by Plum thereafter

 

• if the product or parts are purchased from one of Plum's authorised retailers

 

• if the item has been assembled, installed, positioned, fixed and maintained in accordance with the instructions

 

•The item has not been modified in anyway

 

Claims under this extended warranty must be notified to us immediately, failure to do so may invalidate your claim.

 

25 Competitions

 

a) General Competition Terms

 

1. The promotor: is Plum Products® Ltd, 303/154-158 Military Rd, Neutral Bay NSW 2089

 

2. By participating in this prize draw, participants confirm they have read, understood, and agree to these terms and conditions.

 

3.Entry: The entry mechanic will be written in the social post. No purchase necessary.

 

4.The prize: Entrants are entered into a draw for the chance to win a Plum Play product. The prize will be in the caption of the social post.

 

a. No prize or part of a prize is exchangeable for cash, tickets or services.

 

b. The prize cannot be transferable to another person.

 

c. If the advertised prize is not available, Plum Play reserve the right to offer an alternative prize.

 

5. Entries are open to Australia, entrants must have permission from an adult (aged 18+) if under the age of 18.

 

6. Competitions are not open to employees (or members of their immediate families) of Plum Play.

 

7. No responsibility can be accepted for entries that are not received for any reason.

 

8. Only one entry per person is allowed.

 

9. Automated entries, bulk entries or third-party entries will be disqualified.

 

10. Promotion period: The start and end date of the competition will be written in the social post. Plum Play reserves the right to end this promotion at any time without prior notice.

 

11. How is the winner selected and notified?

 

a. The winner will be chosen at random and announced when the winner accepts the prize. Plum Play reserves the right to amend the competition end date at any time.

 

b. If you win the competition, we will notify you privately via social media. If we cannot contact you or you do not respond within two weeks, we reserve the right to offer the prize to another competition entrant

 

c. Your details may be passed on to third party companies who are collaborating with Plum Play in the campaign for the purpose of fulfilling the order.

 

d. If agreed, the first name of the winner will be made public on Plum Play social media pages when they accept the prize.

 

12. You give Plum Play full consent to keep you updated about the competition and your entry.

 

13. In accordance with our privacy policy, you may request at any time that your image, email address or any other details you submitted to us, be removed from our records and/or websites.

 

14. E-voucher prizes will be valid for 12 months after winning. Plum Play Vouchers cannot be used in conjunction with any other offers on our website and they can only be exchanged for goods of equal value or as part payment of a higher value purchase. The vouchers cannot be exchanged for cash.

 

15. This promotion is in no way sponsored, endorsed or administered by, or associated with TikTok, Twitter, Facebook or Instagram.

 

26) Email Competition

 

b) General Competition Terms

 

1. The promotor: is Plum Products® Ltd, 303/154-158 Military Rd, Neutral Bay NSW 2089

 

2. By participating in this prize draw, participants confirm they have read, understood and agree to these terms and conditions.

 

3. Entry: Provide feedback regarding the product and service you received on our Google page. No purchase necessary.

 

4. The prize: Entrants are entered into a draw for the chance to win a 250 AUD Plum Play voucher.

 

a. No prize or part of a prize is exchangeable for cash, tickets or services.

 

b. The prize cannot be transferable to another person.

 

5. Entries are open to Australia, entrants must have permission from an adult (aged 18+) if under the age of 18.

 

6. Competitions are not open to employees (or members of their immediate families) of Plum Play.

 

7. No responsibility can be accepted for entries that are not received for any reason.

 

8. Only one entry per person is allowed.

 

9. Automated entries, bulk entries or third-party entries will be disqualified.