TERMS & CONDITIONS

“We aim to provide beautiful quality handmade fun cushion covers in a variety of fun and unusual fabrics”

Welcome to Pirate Cushions! We’re happy to have you here. We are committed to making our Terms and Conditions as easy to read and understand as possible. If you have any questions, please feel free to contact us.

About these Terms and Conditions

These Terms and Conditions, which include our Privacy Policy, set out the terms of the agreement between you and Pirate Cushions. By using our website, you unreservedly accept these Terms and Conditions, including our Privacy Policy, and you agree that your use of our website, including any purchase of goods from us, is subject to the terms thereof.

These Terms and Conditions cannot be varied without our written consent. We may update these Terms and Conditions from time to time and the current version will always be shown on the Terms and Conditions page of our website. We encourage you to read these Terms and Conditions, and contact us if you have any particular questions. If you do not agree to these Terms and Conditions, you must not use our website in any manner.

Accessing our website

We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may need to restrict access to our website (wholly or partly).

You are responsible for making all arrangements necessary for your own access to our website. You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of these Terms and Conditions, and that they comply with them.

Our website changes regularly

We aim to update our website regularly, and may change content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We will use reasonable endeavours to ensure our website contains accurate information and content, however, we reserve the right to update our website as soon as an inaccuracy or error is brought to our attention.

Security Information

When you browse our site and most importantly when you enter sensitive information (for example: your name, email address, credit card numbers) into a form on our site we secure that information with 256 Bit SSL encryption. 256 Bit SSL encryption is the industry standard encryption technology. The easiest way to tell if the information you’re entering is secure is to look at the address bar in your browser. If the URL starts with https:// then you’re on a secure page.

Pirate Cushions is bound by the National Privacy Principles. Please visit http://www.oaic.gov.au/privacy/privacy-act/national-privacy-principles for more information.

Privacy Policy

Pirate Cushions will never share, rent or sell your personal information with or to a third party.  Any information we collect from you will only be used to process your order.

How we use your personal information

In general, Pirate Cushions will only use your personal information to provide the product that you have requested from us. More specifically, Pirate Cushions may use your personal information to:

• Communicate with you to facilitate your order
• Arrange delivery of the item(s) that you have ordered
• Take payment for the item(s) you have purchased

Pirate Cushions will only communicate with you by email and/or SMS if you have provided us with your email address and/or phone number and consented to receive communications from Pirate Cushions about your order.

Who we share your personal information with

Our logistics partners

We may share some of your personal information with our logistics partners so that they can deliver the products you buy to the address you have given us. This would generally include the delivery address, recipient’s name and contact details if necessary

Our billing & security partners

We may share some of your personal information with our billing & security partners in order to ensure that your payment is processed smoothly.

Federal or State police authorities

We may disclose your personal information to the relevant authority when required to do so by law, in cases of fraud and where any threats are made against any of our employees, Pirate Cushions or the general public.

Cushion Details and Descriptions

Each product page includes information about the cushion cover: units of measure, colour, type, suitability, and so on. 

All fabric types are susceptible to shrinkage and fading.

Colours may vary slightly from those shown on your computer screen. Every care has been taken to provide accurate photographs of our products but as some computer screens may vary in colour and contrast, variations may occur.

We have made every effort to display as accurately as possible the colours of our products that appear on the website.  As the actual colours you see depend on your computer monitor, however, we cannot guarantee that your monitor’s display of any colour will be accurate.

Our product

We endeavour to ensure that all the products on our website are accurately described. Unfortunately, on some occasions it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. In some cases the products we offer for sale are handmade or made from natural or organic materials, and there may be small variations between the product image(s) and the product you receive. This will always be stated on the individual product listing. We endeavour to ensure that all colours are displayed accurately, but you should be aware that colours may appear slightly differently on different displays and screens. The shade of colour from screen to screen is not a fault or error..

To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our website are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our website.

On rare occasions where we find ourselves unable to deliver products, or the products are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from our website, whether it has been sold or not, removing or editing any materials or contents on our website, or for refusing to process or accept an order after we have sent you the order confirmation.

Your order

After you have placed your order and we have processed your payment we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order. Your order represents an offer to purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched. Once this email has been sent and the goods have been handed over to the designated carrier, the contract between you and us is complete. The sale contract is therefore concluded in New South Wales, Australia.

If delivery of an order will result in unacceptably high freight charges to Pirate Cushions, we reserve the right to contact you to request further shipping fees or to cancel an order prior to dispatch. If we cancel your order in these circumstances we will issue a full refund to you.

In the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch. We will contact you by email as soon as possible to let you know. You may choose to have a store credit to your account or a refund to the value of the unavailable product. We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms and Conditions or our website. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion.

Cancellation of Order

Once an order has been placed it cannot be cancelled as all orders are processed and prepared shortly after they have been received.

Payment Methods

All prices are in AUD. 

We use a secure payment method and will accept the following methods for payment: Visa Card, MasterCard and payment by PayPal Account.  Please note it is not a requirement to open a PayPal account to pay by credit card.  We do not accept credit card payments via email or other communication.

Personal cheques or money orders are not available as payment methods.

Prices, payment and GST

All prices displayed on our website are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment by various methods including by Credit Card, PayPal and a range of other payment options as displayed on the website and during the checkout process.

Payment security

We use industry standard encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member’s card is used fraudulently.

In an effort to prevent fraudulent use of credit cards or other payment options, we will undertake reasonable efforts to validate the legitimacy of the order and payment method. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will follow internal company procedures to confirm the order is bona fide. Orders undertaking a formal check will be placed on hold until we have received confirmation this transaction is legitimate. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order (notifying you via email).

Shipping and Delivery

Pirate Cushions use tracked shipping for domestic and international orders.  We predominantly use Australia Post eParcel to deliver within Australia, however various carriers are used during peak seasons i.e. Christmas, New Years, Valentines, Mothers Day and Fathers Day.   

Your order will be dispatched within approximately 2 working days after payment has been confirmed.

If an order is placed on a Saturday, Sunday or Public Holiday, dispatch will happen on the next business day.

Custom made items are all hand made to order and can take up to 1 week to make and ship. 

Orders to Western Australian and Northern Territory: Your order may take an additional 7-10 working days to arrive once shipped.

Should you provide us with the incorrect address or contact information we accept no responsibility for your order. 

Delivery

Delivery Fees: 

Delivery fees and times vary for different products and are calculated based on the size and weight of your order and its destination. The delivery price for each order will be displayed during the checkout process, prior to payment and order confirmation and included in the total price of your order. Changes made to delivery address or delivery time after placing an order may incur additional charges, which we reserve the right to request to add to your original delivery charge. Delivery estimates are calculated at checkout.

Delivery time: 

Each product listing includes the estimated dispatch time frame for that product. Typically, items listed on the website will be dispatched from our warehouse within 24 to 72 business hours. In some cases the estimated dispatch time frame will be longer, for example where items are made to order. From time to time the delivery of specific items will exceed our usual stated delivery window for reasons outside our control. We work hard to process all orders as quickly as possible and we will send you an email to let you know when your item has been dispatched by us or if we anticipate delays.

Risk in the products passes to you on commencement of delivery. We do not accept liability for any loss, theft or damage to the products after delivery.

Delivery methods & locations: 

We work with a number of delivery partners and courier companies in order to deliver nationwide; in some cases this may be handed to a third party to ensure remote areas can be accommodated. Your order will be delivered to the delivery address provided by you during the checkout process.

We cannot deliver complete cushions (cover + insert) to Parcel Lockers because they’re usually too small to accept the items we sell.

Our delivery partner may leave a card at the address and you will need to pick up the delivery from an Australia Post outlet or contact the courier company to arrange for redelivery.

We reserve the right to refuse delivery to specific locations for items we deem at high risk of loss or damage, and also areas that are inaccessible with standard courier and delivery services. In this case, you may choose to have an item delivered using your own couriers, in which case all insurance for loss or damage to the order caused by the delivery will be your responsibility.

You agree to pay any shipping and handling charges presented to you at the time you make a purchase.

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Pirate Cushions.

Delivery failure: 

It is important that you verify your information is correct before placing your order, especially your delivery address. If the address provided is incorrect and the package is returned, you will be billed for the additional shipping charges in order for your delivery to reach you. You agree to this by placing an order with us, we reserve the right to pass on applicable charges to you if you provide wrong address information. We also require a contact phone number, which may be used by the courier to arrange delivery. If we and our delivery partner have been unable to deliver your order due to your error or fault after 21 days or 2 attempts (whichever is sooner), we reserve the right to cancel your order. In these circumstances we will refund you the price of your order, less the delivery and handling fees incurred by us.

Are there any additional delivery costs to you other than the price you pay at checkout? No, unless:

• you’ve provided incorrect delivery details or need to change delivery details (see the Delivery section below); or
• costs will be unacceptably high to you the customer (see the Your Order section below) but we will contact you first.

International Orders

If we ship to your country it will show in the drop down box at checkout.  

Shipping is quoted based on your order quantity and weight of items.  Where a country is not listed , please enquire by email for assistance to request a quotation for consideration and approval for payment and shipping.

Prices are listed in AUD and inclusive of any Australian GST.  

Shipping costs are calculated according to the weight of the parcels.  Limitations are placed on the size of the parcel that can be shipped.

Please check your local customs and duties charges and exemptions related to personal use.  We are not responsible for any duties or taxes incurred from international purchases.

Force Majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network or Covid-19 or other pandemics where a direct impact on delivery services may be impacted.

Returns Policy
At Pirate Cushions we take time to prepare your order with care.  All orders are carefully checked before they are sent to ensure your goods arrive as have been ordered.

Cushion Covers, cannot be returned under any circumstances unless deemed faulty. This is a health regulation. 

If you believe your item is incorrect, damaged or faulty you must notify us by email to info@piratecushiosn.com.au within 2 days of receipt of goods. Please provide visual evidence of damage or fault.

Once we have received the good/s and have confirmed they are faulty or incorrect a replacement of the same item will be sent unless the goods are out of stock then you may wish to choose an alternative cushion cover or the option of a refund for the value of the item.  

All goods must be returned to us via registered mail to the address provided by our customer service team.  Postage costs of the original order will not be included in refunds.

RETURNS

Non-returnable items include:

• Products described as “made to order”
• Pillows and cushion covers
• All forms of clearance stock
• Clearance items
• Personalised items
• Orders for commercial or non-domestic use

Damaged in transit
Unfortunately items are occasionally damaged in transit.

If an item arrives and the packaging or the item itself is clearly and significantly damaged, you should take photos or video showing the damage, refuse to accept the delivery and contact us immediately. We’ll share your feedback with our delivery partners to ensure our service and the quality of packaging is improved.

If you notice that an item is damaged after it has been delivered to you, please take photos or video clearly showing the damage and contact us as soon as possible, ideally within 3 business days of receiving your delivery.

The type of remedy we offer will depend upon the circumstances. We will work collaboratively with you to find an outcome that you’re happy with. For example we may arrange to:

• Replace the product (subject to availability)
• Arrange for the product to be returned to us

If we require you to return the product to us, we will pay the cost of the return.

Wrong item delivered
Very occasionally we may accidentally ship the wrong item to you. If you have received an incorrect item, let us know as soon as you can, ideally within 3 business days of receiving your delivery. We will offer to send you the correct item and arrange for the pick up and return of the incorrectly shipped item at no cost to you.

Faults and Warranty Claims
Pirate Cushions warrants all goods to be free from defects in materials and workmanship, and of acceptable quality and durability for the purpose for which they are designed. Warranties and guarantees are provided in accordance with Australian Consumer Law.

If an item arrives, is faulty, is defective, please take photos or video clearly illustrating the problem and contact us as soon as possible, ideally within 3 business days of receiving your delivery.

The best solution to any product fault depends on the nature of the fault itself, and the outcome that works best for you. We will work collaboratively with you to find a solution that you’re happy with. For example we may arrange one or a combination of the following:

• Replace the product (subject to availability)
• Offer you an alternative product
• Offer a partial or full refund

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 goods fail to be of acceptable quality and the failure does not amount to a major failure.

This Faults and Warranties policy does not cover:

• Normal wear and tear
• Damage arising from improper insertion of a cushion insert
• Damage arising from abnormal use or abuse
• Damage, wear and tear as a result of improper or lack of maintenance and/or care (e.g. fabric or leather)
• Damage to external or product packaging only
• Damage occurring during your own handling
• Insignificant minor variations in dimensions, colour, grain or finish
• Insignificant minor imperfections or superficial blemishes

Refund

Please note that all items are specifically excluded from all change of mind returns.

Cancellations
You may cancel an order, or part thereof, only before an order reaches the dispatch processing stage, in this case you will receive a store credit voucher or refund in the amount you paid for the product, including shipping. After an order, or part thereof, reaches the dispatch processing stage, cancellations or changes may not be possible. As we endeavour to send your order to you as soon as possible, which often will be within 24 hours, requests for cancellations need to be lodged as soon as practicable after ordering. Once items have shipped, you cannot cancel them. Products described as ‘made to order’ cannot be cancelled

Exchange
Unfortunately we do not offer exchanges.

Your consumer rights
The goods you purchase come with guarantees that cannot be excluded under the Australian Consumer Law. If your product is faulty, broken or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law please contact us as soon as possible with your name and order number and our customer care team will look after you.

Our rights
We reserve the right to refuse a return in cases where we cannot be reasonably satisfied that you purchased the product from us and where we deem damage to a product to be due to fair wear and tear, misuse, failure to use in accordance with our instructions or failure to take reasonable care.

Intellectual property

We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our website, and in the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved.

You must not scrape or modify the paper or digital copies of any materials you have printed off, downloaded or extracted in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

You must not use any part of the materials on our website, services or e-commerce facilities for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our website in breach of these Terms and Conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You are not permitted to copy, publish or use any of the content in any way, whether personal or commercial, without our prior written permission.

Third party websites

Where our website contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).

Your linking to or from these sites, or use of, or reliance on such sites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites or third party suppliers that you visit or transact with. Links, references or other connections to these sites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).

You may link to our home page provided your links do not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

Our website must not be framed on any other site. Our site must not be utilised by third party web crawlers (or similar) in order to scrape content from our site for any purpose. We reserve the right to withdraw linking permission without notice.

Viruses and Hacking

You must not misuse our website by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.

Whilst we do our best to ensure that our website is virus-free, you acknowledge that the Internet and e-commerce facilities may attract unknown contingencies out of our control. Accordingly, we will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.

Email communication

You consent to receive communication from us electronically, either by email or by us posting notices on our website and you agree that all communications that we provide to you electronically will satisfy any legal requirement that a communication be in writing.

IMPORTANT INFORMATION

• Is any of Pirate Cushions liability excluded or limited under this Agreement?
  Yes, but only to the extent permitted by applicable law. See the Liability section below for more detail. In summary, we limit our liability to the replacement of goods if faulty, supply of equivalent goods, or payment of the cost of replacement or supplying of equivalent goods), and our maximum aggregate liability shall not exceed the amount paid by you for the products in question. We also exclude all liability for your use of our website, for circumstances outside our control, and any loss, theft or damage to the products after delivery (see the Delivery section below for more detail).

Liability

To the extent permitted by law, we, our directors and employees, and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website, products or services or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion:

• in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and

Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the amount paid by you for the products in question. You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our website, or any other products or services accessed via our website.

Testimonials and Reviews

We reserve the right to investigate and verify the validity of reviews submitted to us. We reserve the right to not publish or remove any ratings & reviews that we consider not to be genuine or misleading or violate our moderation policies in any way.

Review Moderation Policies
Our moderators evaluate every submitted product review to ensure it is legitimate, appropriate, non-contradictory, and we protect the privacy of our customers. All reviews, positive and negative, that comply with our moderation policies and are deemed to be a valid and true comment relating to the product are accepted for publishing.

The following content included in a review will violate our moderation policies and will cause the review to be rejected:

• Unlawful, misleading, profane, offensive, sexually inappropriate, threatening, abusive, hateful content or content defamatory towards a person’s race, ethnicity, entity, belief or symbol
• Spam and advertising
• URLs and hyperlinks except for links to other products sold on our website
• Personal information including phone numbers, email or mailing addresses
• Competitor retailers mentioned
• Review submitted for the wrong product
• Not constructive and not product specific feedback including service or policy complaints.

If you have service experience feedback or disagree with our policies please contact us.

We reserve the right to edit the review content if there are parts that violate our moderation policies, provided this does not materially change the substance of the review. For example, if a review contains service related comments along with constructive product feedback we will consider removing service related comments before accepting the review for publication.

As a customer, you may share your opinion about your purchased products from the Testimonials and Reviews section of the website. Occasionally, we also send emails to our customers inviting them to rate and review their recent purchases.

By submitting your review (including any photos), you agree that:

• any information, suggestions or ideas you send to us in relation to a product you purchase from us (review content) is non-confidential and non-proprietary and we may choose to provide attribution of your review content at our discretion;
• you grant us an irrevocable, unrestricted, royalty-free license to use, modify, adapt, reproduce, transmit, publish, distribute, create derivative works from and publicly display review content for any purpose whatsoever throughout the world in any media to the extent permitted by law;
• you own or have the necessary consents or permissions to submit your review content and have it published and we are under no obligation to keep this content confidential;
• your review content contains your genuine opinion.

Review Publishing Policies
Product ratings & reviews submitted to us are not a guarantee of publication. We reserve the right to reject, remove, ignore, or edit any reviews for any reason, including a violation of our moderation policies.

Other Policies

The Privacy Policy available on our website informs you of our practices regarding the collection, use and disclosure of any information we collect from or about you. Our Privacy Policy forms part of these Terms and Conditions. We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate. In order to purchase through our website, you will be requested to provide your personal details, in particular, your real name, billing address, shipping address, mobile phone number and email address. Furthermore, you will be required to provide payment details. By entering your payment details you warrant that you are the authorised account holder and that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided. You shall comply with our policies and guidelines as apply from time to time.

Applicable law

These Terms and Conditions, including our Privacy Policy are governed by the laws of New South Wales, Australia and are subject to the non-exclusive jurisdiction of the courts of New South Wales. Our website is available only to people who can form legally binding contracts under applicable law.

Variations

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our website. Any changes are effective immediately upon posting to our website. Your continued use of our website thereafter constitutes your agreement to all such changed Terms and Conditions. Please read these Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using our website.

Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.

Severability

If any provision in these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Pirate Cushions expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Pirate Cushions concerning your use and access to Pirate Cushions’ website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and Pirate Cushions that results in litigation then you must submit to the jurisdiction of the courts of NSW.

Customer Services

If you have any queries or questions please email: info@piratecushions.com.au
Our customer services team are available to assist you via email.  . Email ensures that we have central records of information provided which enables the customer services team to assist for future reference.

Thank you for reading the terms and conditions of purchase