TERMS AND CONDITIONS  – Panmi Care

TERMS OF SERVICE

PANMI CARE TERMSAND CONDITIONS

Panmi is proud to be able to bring you the most innovative and exciting consumer tech products. By participating in this Panmi Care, you are committing to purchase Product, subject to the required freighting, shipping and handling times, and agree to be bound by the terms and conditions set out herein.

EFFECTIVE DATE:

9th of February 2022

DEFINITIONS

ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Anticipated Delivery Date means the expected date of delivery set out in the respective Panmi Care Project Page.

Change-of-Mind Money Back Guarantee (“CMMBG”) is a refund warranty provided by Panmi, subject to the provisions under clause 8.

Panmi means Panmi Pty Ltd (ACN 623 111 820) a company incorporated in Australia.

Participant means a person who complies with the conditions set out under clause 1.2 and has made payment towards the respective Panmi Care Project pursuant to clause 5.

Product means the item/s set out under the respective Panmi Care Page.

1. PANMI CARE

1.1. The Terms and Conditions of this Panmi care Agreement covers the rights and obligations of the parties in relation to Panmi Care.

1.2. As a condition of participating in Panmi Care, you agree and warrant that:

(a) You are at least 18 years of age;

(b) You are able to create or enter in legally binding obligations;

(c) You have created a free membership account with Panmi pursuant to clauses 3.1 & 3.2;

(d) You have provided us with accurate and up-to-date information required for us to complete our obligations to fulfil any Panmi Care order and will continue to update us on any changes to information provided;

(e) You understand that it is your responsibility to ensure that your use of our sites and any Products will be for lawful uses, and that Panmi is not liable to inform nor educate you on any questions of legality, which may vary between different States and Territories;

(f) You have voluntarily entered into legally binding contract upon accepting our Terms and Conditions for providing our Panmi Care Services and making payment, and acknowledge that transactions of this nature inherently carry some level of risk which is beyond Panmi’s ability to mitigate.

1.3. By clicking the “Buy Now” button on the Panmi Care Page, you are submitting and offer to Panmi to participate in the Panmi Care project. Your offer is not complete until you make payment pursuant to clause 5.1 & 5.1.

1.4. Panmi reserves the right to reject any offer at any time, and may cancel any contract if we reasonably believe you are engaged in any fraud or unlawful conduct in connection with Panmi Care.

2. EXCLUSIVE MEMBER ACCESS

2.1. Panmi Care participation is only available to members who sign up with Panmi.

2.2. Memberships are free to join and will never incur a fee to you.

2.3. Panmi places the highest value and priority on the protection of information you entrust with us, and any information that may be considered ‘personal information’ under the Privacy Act 1998 (Cth) is protected by Panmi (please refer to Panmi’s full Privacy Policy).

3. YOUR DETAILS

3.1. To complete our obligations, such as delivery of your order pursuant to a Panmi Care Project, we require you to provide us with accurate and up-to-date personal details, which include but are not limited to:

(a) your name;

(b) your contact email;

(c) your age range;

(d) your telephone/mobile number/s; and

(e) your shipping address.

3.2. If there are any changes or corrections to the details you have provided us, you must provide us with the new information so we can update our records.

3.3. You indemnify and hold Panmi harmless for any loss or damage suffered by you in the event that Panmi has taken all reasonable measures to comply with its obligations by relying on information you have provided, and that information is found to be false, inaccurate, incomplete, or otherwise an incorrect recording of your details and this clause shall survive termination of the Panmi Care Agreement.

4. PAYMENT

4.1. You must make payment as directed on the Panmi Care Page, and subject to the provisions set out herein.

4.2. Payment towards a Panmi Care product must be made in full.

4.3. Upon Panmi receiving payment for the Product, you will be allocated the number of units of the Product that you have ordered and paid for, subject to clause 7.2.1 where there are minimum participation requirements.

4.4. Panmi will accept payment methods set out in the Panmi Care page; please note that some payment methods will take you to a third party website page.

5. SHIPPING AND FULFILMENT OF ORDER

5.1. You acknowledge that Panmi may not hold stock of the Product and that delivery of the Product is subject to varying shipping timeframes, due to the nature of this transaction and shall not dispute or make claim for compensation on the grounds of reasonable delay in shipment and fulfilment of your order based on the circumstances.

5.2. Panmi does not warrant or guarantee that the Product will be delivered to you by the Anticipated Delivery Date, despite Panmi’s best endeavours, due to the various factors during the delivery process beyond Panmi’s control.

5.3. If delivery of the Product cannot be effected by any reason where fault is not attributable to Panmi including instances of force majeure, such as:

(a) acts of God;

(b) natural disasters;

(c) government action or interference;

(d) labour shortages;

(e) national emergencies; acts of war;

(f) and pandemic or epidemics;

Panmi may at its sole discretion notify you of the situation and elect to provide either a refund or store credit to you.

6. REFUNDS

6.1. REFUNDS GENERALLY

6.1.1. In the event that a Product is determined to be undeliverable due to loss of or damage to a shipment that is due to any fault attributable to Panmi, then Panmi will notify you of the cause of the loss or damage, and offer you the choice between:

(a) a full refund of the amount you paid towards the Group product or

(b) credit that may be used toward any products usually sold by Panmi.

7. CHANGE-OF-MIND MONEY BACK GUARANTEE (“CMMBG”)

7.1. Panmi offers a Change-of-Mind Money Back Guarantee, and will issue a full refund if you are not fully satisfied with the Product on the following conditions:

(a) You present proof of payment towards the relevant Panmi Care Project;

(b) You have taken delivery of the Product;

(c) The Product is in resaleable condition;

(d) You submit a CMMBG claim within 60 days of taking delivery of the Product;

(e) Our return address is:

Panmi Returns Centre Unit 2, 21 Worth Street

Chullora NSW 2190 Australia

(f) Collection can be arranged by contacting the Customer Help Centre, or if the Customer Help Centre is not available for any reason, by emailing us at support@panmi.com.au.

8.2. APPLYING FOR CMMBG:

8.2.1. You must first contact Panmi through the Customer Help Centre on our website, or emailing us if the Customer Help Centre is unavailable, and Panmi staff will provide you the relevant form to complete to allow Panmi to assess your claim.

8.2.2. Upon determining your eligibility for the CMMBG Panmi staff will contact you in writing to provide further instructions on arranging delivery of the Product to Panmi’s address set out under clause 8.1(d), and confirmation of how you will be refunded.

8.2.3. You agree to provide a written review of the Product and provide your genuine opinions regarding your experience with the Product and permit Panmi to use this review for any marketing purpose it deems necessary.

8.3. The CMMBG will only apply to Products included in Schedule A of these Terms and Conditions.

8.4. Panmi will also clearly display a “Money-Back Guarantee” logo on the Panmi Care Page of any Product which is covered under the CMMBG.

8.5. If you are unsure whether the CMMBG applies to a Product you are interest in, please contact Panmi at support@panmi.com.au with the subject line “Panmi Care Change-of-Mind Money Back Guarantee Enquiry” or through the Customer Help Centre on our website, land Panmi’s staff members will promptly assist you with your questions.

8.5.1. If there are any errors made by Panmi in relation to any listed Product under Schedule A or has either included or excluded a “Money-Back Guarantee” logo in error on a Panmi Care Page, Panmi will take all reasonable measures to remedy the error upon becoming aware of the error, and seek to notify affected consumers in writing.

8.6. 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 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.

9. LIABILITY

9.1. Notwithstanding clause 7.2.1 Panmi shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control (an “Event”).

9.2. Where there has been an Event outside our reasonable control which has affected our ability to perform our obligations under this Panmi Care Agreement, our obligations will be extended for the duration of the Event and we will notify you of this as soon as reasonably possible.

9.3. Once the Event is completed we will arrange with you a new Anticipated Delivery Date for your Goods, if possible.

10. PRIVACY

10.1. Panmi commits to protecting any personal information you entrust with us. Please refer to the full Panmi Privacy Policy.

11. GENERAL

11.1. SEVERABILITY

11.1.1. Nothing within these Terms and Conditions shall be construed as an attempt to mislead or deceive consumers or otherwise contravene the provisions of the ACL.

11.1.2. If any Court of Tribunal of competent jurisdiction determines that any clause is unenforceable or illegal, that clause is severed to the extent of the unenforceability or illegality and the remaining terms shall not be affected to the maximum extent possible.

11.2. JURISDICTION

11.2.1. These terms and conditions are governed by the laws of New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the Courts of New South Wales.

11.3. UPDATES TO TERMS AND CONDITIONS

11.3.1. We may update these Terms and Conditions from time to time without notice to you, and we strongly recommend you to review these Terms and Conditions on a regular basis to ensure you understand how any amendments may impact you.

11.3.2. Any amendments to these Terms and Conditions will be effective from the date of the update, which will be reflected as the “Effective Date”.

11.4. ENTIRE AGREEMENT

11.4.1. You acknowledge that this Panmi Care Agreement represents the entire agreement between the parties, and that you do not rely on any other representation under this Panmi Care Agreement.

11.5. NO WAIVER

11.5.1. No waiver by us of any breach of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions.

11.6. NOTICES

11.6.1. Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

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