Terms & Conditions

These Terms and Conditions govern the use of pencraftsa.com.au and pencraftsa.com ("the Site") and the purchase of any goods from it. This Site is owned and operated by Joracol Pty Ltd Pty. Ltd. trading as Pencraft (ABN 52 901 561 956).

Please note that by accessing, using or browsing this Site you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Pencraft reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using this Site, you acknowledge that you have read and understood these Terms and Conditions.

If you do not accept these Terms & Conditions, do not use this Site and service. By using this Site, you are indicating your acceptance to be bound by these Terms & Conditions. Any breach of these Terms & Conditions may result in legal action against you.

These Terms and Conditions are governed by the laws in force in South Australia, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Australia, Australia and any courts, which may hear appeals from those courts.

If you have any queries or require clarification please email info@pencraftsa.com.au.

Your Use Of This Site
By accessing this Site you warrant that you are over 18 years of age and are able to create legally binding obligations for any liability you may incur as a result of using this Site. You warrant that you are responsible financially and otherwise for your use of this Site. You warrant that the information you supply via this Site will be accurate and not misleading, deceptive or likely to be misled or deceive.

You must not tamper with or make any modifications to this Site including, but not limited to, delete data, knowingly transmit viruses, breach any third party's rights, infringe any laws in any jurisdiction in using this Site, frame this Site as part of another site or cache this Site for commercial benefit, commit any act that may amount to a criminal offence or civil breach in any jurisdiction.

Privacy & Use of Your Information
To place an order, Pencraft will need information such as your name, email or contact number, delivery address and payment details. Other information may also be collected with your permission.

The information that you provide us with will be used and disclosed in the following ways:

Third Parties
Pencraft uses third parties for various functions such as processing credit card transactions and delivering goods. Therefore, Pencraft will need to pass on certain details of your personal information to these third parties. Please be assured that particular care has been taken to select reputable third parties who operate under Australian privacy laws.

Authorities
To prevent fraud and illegal activity on our Site, Pencraft may monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Account Verification
To prevent fraud and illegal activity on our Site, Pencraft and our third parties may use information you supply us with to cross-reference and verify information. In instances where fraud or other crime is suspected, we do communicate with relevant authorities.

Marketing & Communications
Pencraft often have new and exciting products and offers that you may want to know about. We will keep you updated with these new products and offers via email or post. Should you not wish to receive this information, please contact us directly.

Industry Groups
Pencraft may provide statistical information about sales, trading patterns, navigation techniques and so on to reputable third parties. Please be assured that we will not provide any of your direct personal information that identifies you, but rather an overview of our users.

Products & Pricing
Prices of goods, delivery fees and other charges displayed on the pencraftsa.com.au or pencraft.com Site are in Australian Dollars and are current at the time of display. These prices are subject to variation without notice.

We make every effort to ensure information on the Pencraft Site is correct, however, we are unable to warrant that product descriptions or other content of the Site is accurate, complete, reliable, current or error free.

Ordering & Payment
Orders will not be dispatched until payment in full has been received and Pencraft is satisfied with the integrity of the order.

Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

Pencraft reserves the right not to provide goods or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

If you need to cancel an order, please contact us immediately at info@pencraftsa.com.au. Our agreement with you comes into existence once we accept payment for your order. After accepting payment for your order, cancellation of the order is at our sole discretion.

We understand your concerns when it comes to purchasing products and entering credit card details via the internet. For this reason, Pencraft has partnered with eWAY Australia, a leading provider of trust services for electronic commerce.

Delivery
Pencraft will not deliver goods to a PO Box address.

Pencraft will provide you with an estimated delivery date. Whilst we will make every effort to deliver by this date, all dates specified are estimates only. Unfortunately, we are unable give an estimated time of delivery.

Pencraft will not accept liability for any loss or damage arising from a late delivery. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

It is your responsibility to inform Pencraft if your order does not arrive. Please contact us immediately at info@pencraftsa.com.au or by calling 08 8223 3725 during business hours. Once we learn an order has not arrived by the due date, we will make every effort to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched according to our discretion.

Pencraft will not be held liable from any loss associated with you entering the wrong delivery address.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Returns, Refunds & Replacement

Pencraft does not give refunds unless goods are deemed faulty. However we will gladly credit or exchange on presentation of the original Pencraft sales docket and the product in its original packaging. Delivery and packaging charges will not be included unless as a result of our error. All returns of international shipments are subject to our International terms and conditions. Please contact us prior to returning goods to Pencraft the boutique.

Where an exchange or credit for goods is payable all items are required to be returned by the recipient at their own expense using the same payment method used in original purchase. Upon receipt of returned goods Pencraft the boutique will contact you to organise to credit the original cost of goods plus the initial delivery charge and the mutually agreed return postage charges.

No goods shall be exchanged without prior agreement between the recipient and/or customer and Pencraft the boutique. Please include all return postage receipts and purchase dockets with the product in its original packaging.

If you return goods via an Australia Post Office, please keep your receipt as proof of return. Otherwise, if the returned item goes missing in transit to us, we will deem you not to have returned the item. It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit.

If Pencraft deems your product was damaged, broken or faulty we will refund the original product price, delivery charges and other fees via the original method of payment. If you purchased the goods using a gift certificate, we will refund the purchase price by way of issuing another gift certificate. Alternatively, you can request a replacement (subject to availability).

Please note that all products that are found to be non-defective will incur the delivery costs of returning the item to Pencraft.

Gift Certificates
Please ensure you redeem your gift certificate and discount coupon at the time of ordering as we are unable to retrospectively redeem a gift certificate or coupon once you have paid for your order.

When redeeming a gift certificate you are not required to use the entire balance in one transaction, but may carry the remainder of the certificate value forward. If your gift certificate does not cover the full cost of your purchase you can pay the remaining balance using normal payment methods, such as a credit card. You can only use one gift certificate per purchase.

Gift certificates may not be used to purchase other gift certificates.

You are solely responsible for maintaining the security of your gift certificate and coupons, we cannot replace lost or sloten certificates or coupons.

Security
All information submitted to pencraftsa.com.au and pencraftsa.com is secured using Secure Sockets Layer (SSL) software. Information stored on the pencraftsa.com.au and pencraftsa.com Sites is protected by firewall technology. Pencraft does not store credit card information. Due to the nature of the internet, we do not warrant that this Site is secure or free from viruses, errors or defects or that the service will be uninterrupted or timely.

To ensure your security, Pencraft strongly recommends you close your browser once you have finished shopping with us or any of our associate partner stores.

If you share a computer with someone or are using a computer in a public place like a library or Internet café you as an individual are responsible for the security of and access to your computer.

Disclaimer & Limitation of Liability

You use this Site at your own risk.

The information contained on the Site is provided by Pencraft in good faith. To the best of Pencraft’s knowledge, the information is accurate and current. However, Pencraft and any of its directors, officers, employees, consultants or shareholders, do not make any representation or warranty of any kind with respect to the Site, its contents or any of the products or services supplied through the Site. To the maximum extent permitted by law, we disclaim all implied representations and warranties including, without limitation, implied warranties that the products and services offered and supplied through the Site will be of merchantable quality, fit for any purpose or will comply with any descriptions on the Site or samples.

To the maximum extent permitted by law, Pencraft, its officers, employees, shareholders and other representatives are not liable to you or any other person for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with your use of or inability to access this Site or the purchase and use of any products and services supplied via this Site. This limitation of liability (whether arising under contract, tort (including negligence) or statute) applies to all damages of any kind including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties.

You expressly acknowledge and agree that Pencraft does not control other users of this Site, the providers of information or ideas to this Site or the suppliers of goods purchased from this Site, and Pencraft is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Pencraft and our Associates which relate to or are incidental to any transaction.

You agree to indemnify and hold Pencraft harmless from and against any and all claims, loss or expense that may be incurred by Pencraft or our Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Pencraft and our Associates harmless from any claim made by any third party due to or arising out of your use of this Site, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this Site using your membership account, of any intellectual property or other right of any person or entity.

Copyright
The information contained on this Site is the property of Pencraft. Material on this Site also comprises copyright material, trademarks and registered trademarks which are the property of Pencraft and third parties. This property may only be used for the purposes of browsing the Pencraft Site and acquiring goods from Pencraft.