Terms & Condition of the Online Website
The following terms and conditions apply in relation to any purchase from the Jack’s of PNG Website. By browsing and (where applicable) purchasing from the Jack’s of PNG Website you agree to be bound by these Terms and Conditions, our Online Shopping Terms and Conditions, our Privacy Policy, and any additional terms and conditions presented during the purchasing process.
- Definitions
1.1 In these Terms and Conditions, reference to “we” and “us” means Jack’s of PNG (Website), and “our” has a corresponding meaning.
1.2 “You” means you our customer under these Terms and Conditions and “your” has a corresponding meaning.
2. Purchasing
2.1. While Jack’s of PNG has endeavored to ensure that the information provided on our Website is free from error, we do not warrant its accuracy, adequacy or completeness, and to the extent permitted by law we shall not be responsible or liable for any error in, or omission from, the information provided on our Website. We reserve the right to make changes to the information provided on our Website at any time and without notice.
2.2. Your placement of an order via the Website is an offer to purchase our Products in accordance with these Terms and Conditions. We may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by us until confirmation has been provided through email. If any credit transaction is discovered to be fraudulent, Jack’s of PNG will proceed with investigations to analyze the occurrence and facilitates to debit your account. This process will depend on the nature of the transaction.
2.3. To make a purchase from the Website:
2.3.1. You need to be at least 18 years of age or over to make the purchase and enter into the Terms and Conditions applying to the purchase;
2.3.2. By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, registering an account, or contributing content or other materials to the Services, you expressly understand, acknowledge and agree to be bound by the Jack’s of PNG Terms and Conditions.
2.4. If you are purchasing on behalf of a company, association, partnership or other such entity (“Entity”):
2.4.1 You must be authorized to agree to these Terms and Conditions on behalf of the Entity;
2.4.2 You must be authorized by the Entity to make the purchase;
2.4.3 You must be authorized to transfer funds on behalf of the Entity to make the purchase; and
2.4.4 References in these Terms and Conditions to “you” include the Entity (as defined above).
2.5. By purchasing from the Website, you warrant that you meet the relevant conditions set out in clauses 2.3 and 2.4 above.
2.6. When making a purchase from the Website, you must provide all required information (as specified in the form – appendix 1) or we might not be able to process your order.
2.7. At our discretion, you may not be able to proceed with any purchase on the Website, which exceeds our current limits on volume or total value.
2.8. All orders are subject to the availability of Products. If for any reason a Product is not available, we will endeavor to notify the non-availability on the Website or as set out in clause 2.2 above.
2.9. Where Products are listed on the Website with an incorrect price or with incorrect information, or if Product is not available we reserve the right to cancel the order for those Products (regardless of whether payment have been made for that order). Where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order.
2.10. Although we endeavor to accurately display and describe the color of the Product(s), we do not guarantee the color of any Product delivered to you will exactly match the color of any image of that Product on the Website (as the color displayed on your computer system or in printed form will vary).
3. Price of Products and Payment
3.1. The price payable for Products ordered by you shall be the price displayed on the Website at the time your order is submitted (subject to clause 2.9 above), together with the applicable delivery charges. Unless expressly stated otherwise, all prices displayed on the Website are stated and payable in PNG Kina.
3.2. Products displayed on the Website and their prices are subject to change without notice.
3.3. The Total Payment to be made for the purchased Product will include the following charges: Freight, Customs, Duty, Fumigation and Insurance components in Papua New Guinea. Some may be applicable and some may not be; based on country and Product.
3.4. If customs at the destination country decides to have a random quarantine check and fumigation, the cost will be charged to the customer as it is not a foreseen charge.
4. Delivery & Title
4.1. We will endeavor to dispatch your order within 5 business days once we have confirmed that we have accepted your order and received all amounts payable for your order. If we are unable to dispatch your order within this time frame we will endeavor to contact you and advise you of the expected dispatch date. We will endeavor to provide you with email confirmation with tracking number within 7 working days of dispatch.
4.2. The delivery cost is based on courier cost and will be measured on weight or volume.
4.3. Although we will endeavor to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
4.4. If you would like to check the status of your delivery, the following tracking tools are available for you:
4.4.1. Track shipment online:
- DHL – https://www.dhl.com/pg-en/home/tracking.htmlenter the DHL tracking number (Air way Bill number) for tracking details; and/ or
- Post PNG– https://www.postpng.com.pg/enter the Post PNG tracking details.
4.4.2. For delivery, service provider’s delivery terms and conditions apply.
4.4.3 Re-delivery conditions:
4.4.3.1. After the first unsuccessful attempt to deliver your order, you will be charged any additional costs of re-delivery.
4.4.3.2. If incorrect delivery address is provided you must pay any additional charges to have your order delivered to the rightful/ correct destination.
4.4.4. Title to, and responsibility for, each Product you order from the Website passes to you when the Product is delivered to you.
4.4.5. Where you believe that incorrect Product(s) have been delivered, you must contact us with any such claim within 7 days of delivery and you must provide us all documents related to the claim with a reasonable opportunity to investigate the same.
5. Returns
5.1. If you discover any defect in the Product which we sent, you may return the item in the same condition within 7 days of delivery for a replacement. If a replacement is not available we may at our discretion provide a refund. You will be notified by email on the status of the replacement.
5.2. Replacements or refunds do not cover faults arising from:
5.2.1. Normal wear and tear
5.2.2. Changes to the original item
5.2.3. Damage caused by perfume, hairspray, chlorine, water or any other agent.
For any other returns or exchange of items, please refer to our Sales & Exchange Policy.
6. Change or Cancel an Order
6.1. If you wish to change or cancel an order, contact our Customer Service Officer via email at [email protected] no later than 24 hours from placement of order.
7. User Conduct
7.1. You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.
8. General
8.1. We reserve the right to change these Terms and Conditions at any time. By continuing to use the Website you consent to any changes. It is your responsibility to regularly check these Terms and Conditions for any variations.
8.2. If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
8.3. We shall not be liable to you for any delay or non-performance of our contractual obligations to the extent that such delay or non-performance is caused by an event or circumstance, which is outside our reasonable control.
8.4. You shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any Products you purchase from us.
8.5. We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website at any time.