Terms and Conditions
Terms and Conditions
Pizza Towels may alter these Terms from time to time by posting the altered version on this Website. You should visit the Website regularly to keep up to date with any alterations. By continuing to use this Website, you accept the Terms current at the time you access and use it. In the case of an alteration, the altered Terms only apply after the alteration takes effect.
If you have any questions or need clarification on any issue please email us at firstname.lastname@example.org. Definitions of words used in these Terms are provided at the end of these Terms.
About Us: The Website is operated by Pizza Towels, an Australian company.
Buyers: You may purchase goods offered online by us by using the online purchase order process provided by this Website. You must be at least eighteen years of age or otherwise have the permission of an adult to purchase goods via our Website. By placing an order for goods on this Website or registering to use this Website you warrant that you are at least eighteen years of age or otherwise have the permission of an adult and that all information you provide is accurate, complete and not misleading. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when registering with the Website, ordering or purchasing goods or using the Website. You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit or debit card or PayPal account charged. If your credit or debit card is charged for the purchase and we cancel the order, we will notify you and credit your credit or debit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.
Orders: We may require you to register with our Website by using the online customer registration process to be able to purchase goods from our Website. Once you submit an order, you cannot cancel it. All orders are subject to acceptance by us, at our discretion.
Special Offers: We may provide special offers in relation to our goods from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to goods you ordered in good faith in accordance with these Terms before the special offer was terminated, subject to our acceptance of the order.
Prices: All prices are in USD dollars unless expressly indicated otherwise, although AUD and EURO prices will show depending on the IP address geo-location of the user. Prices shown on the Website include GST but other consumption and value added taxes may apply to your purchase. Prices exclude delivery charges, currency conversion fees and customs duty and other taxes, if applicable. All prices are subject to change without notice. For goods to be shipped outside Australia, prices do not include relevant overseas customs duties and/or other taxes that you may incur. However an approximation of shipping costs is given at the time of check-out by selecting your country of destination in the shipping destination field.All prices are in USD dollars unless expressly indicated otherwise, although AUD and EURO prices will show depending on the IP address geo-location of the user. Currency prices which may be shown on the Website from time to time are presented as an approximation only. Please check with your local customs office for further information regarding any importation requirements or considerations.
General payment terms: You must select how you wish to pay for goods from the options available on the Website at the time you submit a purchase order. Payment methods available from time to time may include: (i) payments via the secured PayPal service provided by PayPal Australia Pty Limited ACN 111 195 389 (PayPal) or (ii) payments though the Website to Pizza Towels directly or (iii) payments through Stripe payments. We may not always give the option to pay us directly through the Website. The full payment for your order (including the goods price and applicable delivery charges) is deducted from your credit card or debit card on completion of your order. All credit card and debit card payments are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment, the payment will not be processed. Delivery will commence only once payment has been validated and processed in full. Large transactions may involve additional screening and we will require confirmation on key details before we proceed to fill the order. In this event, we will contact you. In some cases this may delay your order by a short period.
PayPal Payments: The following applies if you elect to pay for goods via the secured PayPal service. All payments are processed by PayPal and we do not keep a record of your credit card or debit card number for payment purposes. You acknowledge and agree that we are not involved in the processing of any payment transaction between you and PayPal and PayPal’s own terms and conditions apply to each payment. You should ensure you are familiar with all PayPal terms and conditions that apply before you submit any payment through PayPal. To the extent legally permitted, in no event will Pizza Towels be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever in any way connected to, related to or arising from any payment transaction you enter into with PayPal. We may plead these Terms as a bar to any claim, action, proceeding or suit brought by you against us for any matter arising out of any transaction between you and PayPal.
Stripe Payments: The following applies if you elect to pay for goods via the secured Stripe service. All payments are processed by Stripe and we do not keep a record of your credit card or debit card number for payment purposes. You acknowledge and agree that we are not involved in the processing of any payment transaction between you and Stripe and Stripe’s own terms and conditions apply to each payment. You should ensure you are familiar with all Stripe terms and conditions that apply before you submit any payment through Stripe. To the extent legally permitted, in no event will Pizza Towels be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever in any way connected to, related to or arising from any payment transaction you enter into with Stripe. We may plead these Terms as a bar to any claim, action, proceeding or suit brought by you against us for any matter arising out of any transaction between you and Stripel.
Direct Payments: The following applies if you elect to pay Pizza Towels directly through the Website rather than via the secured PayPal service. We accept Visa, Mastercard and American Express. Credit and debit card details are processed using at least SSL 128 bit encryption and are not stored by us.
Availability: All goods are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit or debit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit or debit card account in the amount charged. If you order products and some are not in stock, you agree that we may fill that part of your order for which stock is available.
Delivery: We may engage independent contractors to manufacture and deliver goods (our Distributors). Our Distributors deliver to Australia and to other destinations as specified on our Website from time to time. Delivery costs are generally determined by destination, weight and shipping method. To find out the delivery charges that apply to you, simply add the items to your shopping cart and proceed accordingly to the checkout where the full cost will be calculated and displayed before you make any payment. It is your obligation to enter the correct delivery address details at the time of ordering.
Dispatch: All orders are usually dispatched within 2 business days of the purchase date. Shipping times quoted by our freight company are: USA: 8-11 business days / Canada: 8-11 business days / AU: 6-9 business days / Europe: 6-16 business days / Everywhere else: 10-20 business days. These are not times that are guaranteed by Pizza Towels Pty Ltd. On some occasions, the customs agency within the destination country may choose to delay individual shipments as a security measure. Please contact us if you do not receive your order within the time specified above and we will lodge an enquiry with our Distributors, advise you of any issues that are discovered and use reasonable endeavours to ensure that the order is delivered within a reasonable time. Pizza Towels, its officers, directors and employees are not liable to any person for any losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature (Losses) suffered by any person directly or indirectly as a result of late delivery or non-delivery of an order. Late delivery or non-delivery does not entitle you to cancel your order.
Receipt: Currently, we do not offer the option of signature on delivery for orders placed through the website. We will supply the tracking number on request. If an order is lost in the mail (has taken more than 40 business days to reach a destination), we will replace the order. You have the option to choose a different delivery address than your billing address. For example, you may want to use your work address for delivery if your employer’s workplace policies allow this. In the event that we offer courier delivery, the following will apply: If you do not answer when the courier tries to deliver your order, the courier will generally leave a card. You must then contact the courier directly to arrange re-delivery. Without limitation, we are not liable for any loss or damage as a result of you failing to contact the courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.
Refunds and exchanges: Subject to the “Damage” section below, we only offer refunds or exchanges if an item is damaged or incorrect, and all of the following conditions are satisfied: (a) you notify us that you would like a refund or exchange within 7 days of delivery of the relevant items; (b) you return the items to us within 30 days of delivery; (c) the items are in new and original condition as purchased, have not been worn or used and still have all labels and tickets attached; and (d) you provide us with proof of purchase in a form reasonably acceptable to us. You may only request refunds and exchanges by using the refund or exchange process provided by this Website. Returns and exchanges should be sent to: PIZZA TOWELS PTY LTD, 140 Little Eveleigh St, REDFERN, AUSTRALIA 2016. Refunds and exchanges will be processed within a reasonable time of us receiving your returned items. Subject to the “Damage” section below, you are responsible for paying delivery charges for all refunds and exchanges. All sections of these Terms in relation to availability, delivery, dispatch and receipt of goods also apply to exchanged items. All refunds will be provided via the original method of payment.
Damage: Please check your items against your receipt. If you receive any goods in a damaged or faulty condition or if any items are missing, we may issue you a credit in the amount paid for the damages or missing items or send replacement goods at our discretion if you notify us within 7 days of the delivery date. We may ask you to provide proof of the damage or missing items (including return of the relevant goods) as a condition of refund or replacement. We will issue you a credit for any redelivery charges if we require you to return any goods.
Risk and Title: Risk of damage, loss or deterioration of goods passes to you on delivery in accordance with these Terms. Goods ordered by you remain our property until we receive payment for them in full.
Intellectual property: Material and content displayed on or comprised by the Website, including but not limited to text, graphics, logos, button icons, images, the Website layout and software, is subject to copyright owned by Pizza Towels, its related entities, its content suppliers or licensors and is protected by the Copyright Act 1968 (Cth) and other international copyright laws. Brands, names, images and logos displayed on the Website may be the subject of registered trade marks of Pizza Towels, its related entities, affiliates, licensors or service providers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws. You may access, display, download and print portions of the Website only for your own private non-commercial use and to order goods or services via the Website. This permission is subject to you not modifying the content displayed on this Website, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the Website. Any other use of material on the Website, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this Website is strictly prohibited.
Uploading materials: You must not upload to our database any materials which infringe any third party’s copyright, patent, trade mark, trade secret, confidentiality, privacy or other proprietary or intellectual property rights or which violate any applicable law, statute, ordinance or regulation. You agree to comply with Pizza Towels’ procedures and policies in respect of uploading information and materials as specified on the Website from time to time. Pizza Towels assumes no responsibility or liability in relation to User Materials posted to the Website. You acknowledge and agree that Pizza Towels, its officers, directors and employees are not responsible or liable for any Losses suffered by any person directly or indirectly as a result of User Materials posted on the Website and agree not to bring any claim, action, proceeding or suit against Pizza Towels, its officers, directors or employees in respect of such Losses, or assist any other person to do so. We may plead these Terms as a bar to any claim, action, proceeding or suit brought by you against us for any matter arising directly or indirectly as a result of User Materials posted on the Website.
Information on the Website: Information on this Website may or may not change from time to time. It is not promised or guaranteed to be correct, current, or complete. From time to time there may be errors on our Website such as wrong pricing, wrong descriptions and offers for goods that are not available or are no longer available. This Website may contain technical inaccuracies or typographical errors. Pizza Towels assumes no responsibility (and expressly disclaims responsibility) for updating this Website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any goods or services described on this Website. Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by an error, even if the order has been confirmed and a credit or debit card or PayPal account charged. If your credit or debit card or PayPal account is charged for the purchase and we cancel the order, we will notify you and credit your credit or debit card account or PayPal account for the amount charged.
Third-party material: The Website may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (such as a social media, service supplier, merchant or consumer) including advertisements and promotional offers (Third Party Material). Pizza Towels is not responsible for and does not endorse the content of Linked Sites or Third Party Material, any use (or misuse) of information you may supply to or obtain from a Linked Site or any Third Party Material, or for any goods or services offered via Linked Sites or any Third Party Material. Pizza Towels does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing in any advertising, promotional offers or on Linked Sites. Pizza Towels is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this Website.
Viruses: You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
Use of the Website: You agree to comply with all applicable domestic and international laws (including common law) applicable to your use of the Website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, including, but not limited to, by uploading or transmitting through the Website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the Website or any computer. You must not post on the Website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. Pizza Towels may block/delete any material posted to the Website that Pizza Towels decides contravenes that requirement. You must not impersonate or misappropriate the identity of another person. You must not attempt to use the Website or any of its content to solicit others to participate in any organisation or commercial on-line service. Use of the Website in contravention of these Terms may result in you being banned from this Website, being liable to Pizza Towels for breach of contract and/or infringing applicable law.
Disclaimer of warranty: Use of this Website and purchase of any goods offered via this Website is at your sole risk. To the extent legally permitted, all materials, information, goods, programs and services are provided “as is”, with no warranties or guarantees whatsoever. Pizza Towels expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, Pizza Towels does not represent or warrant that the functions within the Website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the Website or the server/s that makes the Website available is free of viruses or other harmful elements. You agree that in using the Website you have not relied on any statement or representation made by Pizza Towels not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, goods, software, programs or services from or via this Website, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above, to the extent legally permitted, Pizza Towels limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected goods or services or payment of the cost of resupply of the affected goods or services, at Pizza Towels’ discretion.
Limitation of liability: To the extent legally permitted, in no event will Pizza Towels be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this Website or any use of this Website (including purchase of any goods offered on this Website), or of any site, service, product or resource linked to, referenced or accessed through this Website, or for the use or downloading of, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Pizza Towels is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Pizza Towels’ maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.
Indemnity: You agree to indemnify, defend, and hold harmless Pizza Towels, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all Losses made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods or services supplied by us and any use of the Website by you or any other person accessing the Website using your Internet account.
Notifying us: To notify us, please email us at email@example.com
Severance: If any part of these Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.
Waiver: No failures to exercise and no delay in exercising on our part any right or privilege under these Terms operates as a waiver thereof. A waiver by us of any breach of these Terms does not prevent the subsequent enforcement of that provision and will not be deemed to be a waiver of any subsequent breach of that or any other provision.
Entire agreement: These Terms and any other document referred to herein constitute the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on statements, warranties or representations given or made by any of them in relation to the subject matters of these Terms, save those expressly set out in these Terms, and that, to the extent legally permitted, they have no rights or remedies with respect to such subject matter otherwise than under these Terms.
Force Majeure: We will be under no liability to you in respect of anything which may constitute a breach of these Terms arising by reason of force majeure, or circumstances beyond our control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply the Services, telecommunications failure, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lock outs.
Assignment: You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms at our discretion.
Relationship: Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture, employment or similar between the parties. You have no authority to bind us or our related entities in any way.
Applicable law: These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.
Definitions: For the purposes of these Terms:
Logo means any logo, image, photograph, device, brand, artistic work, literary work, mark, title, name (including band, artist or Registered User name), phrase or other written or visual material in any form posted to the Website by a Registered User.
Merchandise means any t-shirt or other products sold by or on behalf of Pizza Towels via the Website or any other distribution channel worldwide which incorporate or bear a Logo submitted by a Registered User.
Registered User means any person who has registered a User Account.
Services means the publication and promotion of User Materials on the Website; providing an online forum for Register Users to create public profiles and communicate User Materials; the manufacture, promotion and distribution of Merchandise via the Website or any other distribution channels worldwide; and any other services offered by us from time to time as specified on the Website.
User Account means the account which must be registered by each user of the Website in order to upload User Materials, create profiles for display on the Website and receive the Services and royalty pursuant to the Registered User Terms.
User Materials means any Logo, information, documents, data, audio visual materials (including audio or video files of any type) or other materials you, or any other person authorised by you, provide us or upload to our database via this Website from time to time for display on this Website or, in the case of Logos, for the purposes of Pizza Towels manufacturing, promoting and distributing Merchandise bearing the Logos.
Website means the website located at www.labelstate.com and any other application distribution platform (including mobile applications) through which Pizza Towels provides the Services.