Chalmers Pyjamas Pty Ltd (ABN 26 609 914 525) (‘we’, ‘our’ and ‘us’), a company registered in Australia, owns and operates the Shop.
These terms and conditions (Sales Terms) will apply to and govern your purchases of products from the Shop, together with any other terms and conditions which may be notified to you at the time of placing your order (for example, special offer terms and conditions). Please read these Sales Terms carefully before ordering any Products from the Shop.
In these Sales Terms:
- ‘Privacy and Cookies Policy’ means our privacy and cookies policy as amended from time to time;
- ‘Shop’ means the online CHALMERS PYJAMAS store which you may access, and purchase products from, via the Website;
- ‘Website’ means www.chalmerspyjamas.com (including all password protected areas) and any subdomains, all related top-level domains, mobile sites, apps, APIs and widgets; and
If you object to any of our Sales Terms or other notices in the Shop your sole option is to not proceed with the purchase of products from the Shop.
We reserve the right to change these Sales Terms. Any changes to these Sales Terms will be effective on the date they are published on our Website.
If you create an account with us, you are responsible for keeping your email and password secure and are responsible for all use and activity carried out under your user name, including all purchases made through your account from the Shop.
Orders and contract formation
By placing an order, you are offering to purchase a product from the Shop on and subject to these Sales Terms. All orders are subject to availability and confirmation of the order price.
Dispatch and delivery times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal or shipping delays or force majeure for which we will not be responsible. Refer to our Shipping Information for more information about dispatch and delivery times and other shipping and delivery information.
If you wish to buy products from the Shop, you must:
- provide your name and address, email address, payment details, billing address and other required information;
- provide a shipping address (note: we reserve the right to reject orders to deliver to certain addresses);
- be aged 18 years or over, be legally capable of entering into binding contracts and the owner or authorised holder of a valid debit/credit card, if paying for the products with a debit/credit card; and
- read and accept these Sale Terms.
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 and correct any errors in your order, including the price and information you have provided, and to read and accept the Sales Terms before confirming your order. We 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 and checkout 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 the Shop to complete your purchase.
Once you have submitted and confirmed your order, we will send you an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order.
The products listed in the Shop are not an offer to sell but an invitation to treat only. We may choose to reject all or part of an order in our sole discretion for any reason, including without limitation in the case of abnormal orders and orders which we suspect are not placed in good faith or for personal use, or orders in response to incorrect offers or information in the Shop made as a result of human, system or technology error (including errors in the image, description or price).
We may from time to time impose quantity restrictions or limits on certain products you can order. Any quantity or total value restrictions will be stated in the Shop or communicated to you at the time of placing your order or otherwise communicated to you. If we reject an order we will refund any money paid for that order.
A contract between us for the purchase of the products will not be formed until your payment has been approved and received by us. Our contract will only relate to those products which have been dispatched and are listed in our email confirming shipment. We 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 email confirming their shipment.
If you would like to cancel your order after you have received an email from us confirming shipment, please see the ‘Returns and refunds’ section below.
Prices, charges and taxes
Prices will be displayed in Australian dollars.
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 your order confirmation email and in your shipping confirmation email. If you place additional or separate orders after receiving your order confirmation email you will incur additional shipping and handling charges for such additional orders.
The products, prices and promotional offers (if any) made in the Shop only apply to orders placed via the Shop and may be different from those available from other stockists selling CHALMERS PYJAMAS products.
If there is a pricing error, whether on the Website, in the Shop or in any confirmation emails or otherwise, then to the extent permitted by law we have 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 confirmation email, we will contact you with the correct price before processing your order, and your sole remedy if such error occurs is to cancel your order.
If the pricing error is obvious, you agree that we are under no obligation to provide a product to you at an incorrect (lower) price even after we have sent you a shipping confirmation email.
Separate charges for shipping, handling and GST (for goods to be delivered within Australia) or other taxes will be shown in your order receipt confirmation email and can be viewed during the checkout process before finalising your order. For further information about shipping and handling charges, see Shipping Information.
From time to time we have special offers that can be applied to your order by using a promotional code that we provide to you. In order to take advantage of these promotions, you must enter the promotional code in the space provided in your shopping bag and hit the "apply" button. The value of the promotion will be applied to your order automatically. Please note only one promotional code may be used per transaction. Promotional codes cannot be used for the purchase of a gift voucher. Promotional codes are not valid for redemption anywhere except in the Shop and cannot be exchanged for cash. Delivery charges are excluded from the calculation of % off discount promotional codes. Unless otherwise specified each promotional code may only be used once per customer. Promotional codes cannot be applied to orders placed prior to or after the promotional period specified.
You may purchase gift vouchers from the Shop in the form of E-Gift cards that are sent in an email. They are not redeemable for cash and can only be used to purchase products from the Shop. They cannot be used to purchase another E-Gift card or purchased with a promotional code. No change will be given for a purchase made with an E-Gift card. The E-Gift card expires six months from the date of purchase. E-Gift cards are partially redeemable and it is up to the cardholder to use the full value within the validity period. Any unused balance will not be refunded or credited when the card expires. When the cost of a purchase exceeds the available card balance, the cardholder will be required to make up the difference with an alternate form of payment. Gift Cards should be treated like cash. We disclaim all responsibility for lost or stolen E-Gift cards.
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 card must be the same as the name of the person placing the order.
If we do not receive the authorisation that the payment has been processed we reserve the right to cancel your order. The value of your purchase will be settled from the applicable card or payment method when the order is placed.
If your payment cannot be processed you will be notified of this. You will then need to contact your card issuer and endeavour to resolve the issue.
Product information and availability
You must take care when placing your order to ensure that the products you purchase are suitable for the intended use. The Shop should be your final point of reference when checking the kind of product that you are ordering. If there is a difference between the Shop content and any other website (or any other source of information) the products as shown in the Shop 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 us either by email or phone for assistance.
We endeavour to ensure the availability of products you order from the Shop. However, products are made available to purchase on a "first in-first out" basis and are only available whilst stocks last.
Title to products
We retain full legal title to products until we have 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.
Returns and refunds
As a goodwill gesture, we have a 30 day return and refund or exchange policy for unused and undamaged products purchased from the Shop (excluding sale items) if you change your mind, obtain a Return Authorisation from us first and then return them. We offer free returns for Australia. This does not apply to any CHALMERS PYJYAMS products you purchase from other stockists. You should contact them directly.
See Returns for more information on the process for obtaining a Return Authorisation.
If you do not return the products within 30 days of delivery, do not have a Return Authorisation, or return any products in a used or damaged condition, we may refuse to give you a refund or exchange.
Your legal rights in respect of defective goods are unaffected. Refer to the ‘Contractual warranties’ and ‘Australian Consumer Law’ sections below.
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.
In addition to your rights as a consumer under the Australian Consumer Law, we also offer the following contractual warranties:
Subject to the warranty exclusions below, we offer a 6 month limited warranty against defects in materials or manufacturing defects on all of our apparel products purchased from the Shop. We will, at our option, replace apparel proven by us to be defective within 6 months after the date of purchase.
Exclusions and limitations
The above contractual warranties against defects do not cover loss, damage, breakage, changes in appearance, kinks, or the gradual degradation of all or part of the products due to: normal wear and tear (including tarnishing); accident or mishap; careless handling; improper use; alteration or substitution; use outside our care instructions; improper repair or warranty service performed by someone other than us or our authorised repairers; or theft. Tarnishing occurs naturally and therefore, cleaning is not covered by this warranty against defects.
When a product is repaired under the original contractual warranty term, only the remaining term of the original contractual warranty will continue to apply. Any other repairs after this term will be outside the original warranty period and may be charged accordingly. This limitation does not apply to consumer guarantees under the Australian Consumer Law.
How to make a warranty claim and access our repair service
Please contact us directly regarding any warranty claim on email@example.com or call us on +61 2 6681 4744.
Australian Consumer Law
The contractual warranties against defects set out above provide benefits in addition to the rights and remedies to which you are entitled under the Australian Consumer Law. 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 (as defined under the Australian Consumer Law).
Product liability, exclusions and limitations
The only conditions and warranties which are binding on us in respect of products and services supplied by us via the Shop are those expressly set out in these Sales Terms or otherwise required to be binding by law, including the applicable provisions of the Australian Consumer Law. All other statutory or implied terms, conditions, guarantees or warranties concerning the quality or condition of the Shop, or any products, information, service, material, advice or recommendation supplied by us to you through the Shop or in any dealings between us, are excluded to the fullest extent permitted by law.
If we breach 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, our liability for such breach is limited to either, at our 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 we have 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 purchase of products, your use of the Shop, or your use of or reliance upon any of the information, services and/or materials contained in the Shop or provided by us to you, or our negligence, or our breach of our obligations under these Sales Terms.
You indemnify us against any claims, proceedings, losses, liabilities, costs or other expenses (including legal costs) and third party claims incurred by us in connection with or arising from, whether directly or indirectly, as a result of your breach of these Sales Terms or any violation by you of any applicable law.
Termination by us
Without limiting any other rights we may have at law or under these Sales Terms, at any time prior to delivering products to you, we may terminate the contract for the supply of products to you if:
- you breach these Sales Terms and the breach is not capable of remedy or you fail to remedy it within 7 days of a notice from us to remedy the breach; or
- supplying you the products would violate any applicable law or would expose us to legal liability, in which case we will refund any money we have received from you for the relevant order.
We are not responsible for failure to fulfil our obligations due to causes beyond our control.
If any provision of these Sales Terms is deemed to be unlawful, invalid or unenforceable, all or part of that provision will be severed from these Sales Terms and will not affect the enforceability of the remaining provisions.
Any failure by us to assert any right under these Sales Terms shall not constitute a waiver of such right and you are not relieved from compliance with your obligations. If we waive or fail to assert a right or to enforce a particular term on one or more occasion, this is not to be deemed a further or continuing waiver of such right or term.
Jurisdiction and governing law
These Sales Terms and all dealings and transactions between you and us relating to your purchase of products from the Shop are governed by the law of New South Wales, Australia. Your transaction is deemed to have taken place in New South Wales. You submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales for any dispute or claim (of any kind) arising out of or in connection with these Sales Terms or your purchase of products from the Shop.
Survival of terms
All provisions of these Sales Terms that by their nature should survive fulfilment of your order or termination of your contract to purchase products from the Shop shall survive including all limitations on liability, indemnification obligations, disclaimers and choice of law.