Black Pepper

Terms & Conditions

TERMS OF USE OF SALE


Reference to “Black Pepper”, “we”, “us” or “our” is a reference to Breakaway Apparel Pty. Ltd.

Please read through the following terms and conditions (“Terms”) carefully as they govern the use and access to the website http://www.blackpepper.com.au/ (“Website”) and the purchase of any product/s.

Your acceptance

You agree to be bound by these terms by using, accessing or browsing any part of this Website, including through communicating with Black Pepper and participating in any Black Pepper forums, promotions, subscriptions, purchases, specials and/or programs (“Services”).

General disclaimer

You should be aware that the information on this Website and these Terms are subject to change. 

We recommend that you read these Terms each time you access the Website and definitely before you place future orders.  The information on this Website and/or these Terms may be different and will apply to your use or order/s. 

For clarity, the Terms that are in place at the time you place an order will apply to that order.

Limitation of Liability

Subject to your rights under the Australian Consumer Law, you understand and agree that:

  •  neither Black Pepper, or its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages, costs, loss or liability arising or in any way related to the use of this Website and/or any other site linked to this Website unless Black Pepper has acted in breach of the Terms. This limitation applies to all and any direct, indirect, consequential, special, exemplary, punitive or other damages or liability that you or others may suffer, as well as damages for loss of profits or revenue, legal costs, loss of use, business interruption, loss of information or data and whether arising in contract, under statute, tort or otherwise;  our liability in respect of any non-excludable warranties, guarantees or conditions relating or arising from the Website, is limited to the resupply or repair of the relevant good or service or paying you the reasonable cost of doing so, and where permitted under law, at our discretion; and
  • otherwise, we limit any and all of our liability to AUD$100.

For avoidance of doubt, if you are a consumer, nothing in these Terms affects your rights to terminate this Agreement in the event that you reject the goods under s.259 of the Australian Consumer Law.

Your Account and Password

You may not have more than one active membership on the Website whether through a pseudonym, email address or other means. You can update, edit or terminate your membership at any time but you cannot transfer your membership. You are responsible for ensuring your details are correct and current and for maintaining the confidentiality and secrecy of your password.

Access and communication

We use reasonable efforts to ensure the integrity of the Website by using virus checking software.  However, we do not and cannot guarantee or promise that the delivery, safety or security of communications over the internet, the Website or your computer systems. 

We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website unless it was directly and solely caused by us.

Products and Purchasing

This Website is designed for purchases by individuals for personal use, and you agree not to use it for commercial purposes. If you intend to on-sell Black Pepper’s product through a retail store, online business or other commercial entity, please contact the Black Pepper wholesale division on +61 1800 001 399.

Black Pepper reserves the right to refuse any order which it reasonably considers is for commercial use or sale or where a product is not in stock. While we take reasonable precautions to ensure that the price and details of products listed are correct, if they are incorrect or we are out of stock and we can’t agree on how to resolve the issue, we reserve the right to cancel the order and refund any amount charged to your credit card.

Any orders received by Black Pepper through this Website constitute offers and are subject to acceptance or rejection by Black Pepper in its discretion after receipt in Australia. Once an order has been placed by you, accepted by us and payment received, the order cannot be cancelled by you.

Title in any goods purchased by you through this Website does not pass to you until payment has been received. Risk of loss or damage to goods passes to you upon dispatch from our premises.

Black Pepper does not guarantee the availability of any products advertised on the Website.

Prices are inclusive of goods and services tax. In all other respects the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods. You should note that some countries have import restrictions on certain products or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before placing an order. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties.

Black Pepper terms and conditions relating to shipping is set on Black Pepper 's website at: Delivery Rates and Policy and refunds at Refunds, Exchanges and Returns.

Payment

Payment can be made by Visa, Mastercard or American Express (Australian Registered Cards only).  Credit Card transactions are processed through the Commonwealth Bank CommWeb Secure Payment Gateway. Your card details are not disclosed to us and are not stored in our database.  Please note that delays may occur on large orders while the card is checked for authenticity.

Privacy

Any personal information submitted by you via the Website will be handled in accordance with our Privacy Policy which can be found at Privacy and Security.

Intellectual Property

Except in relation to Submitted Material (defined below), all intellectual property rights, in the Website, the Services and all components of it are controlled, owned or licensed by us. You are not permitted to use or copy any trademarks, logos, service names or trade names appearing on the Website.

Website Licence

Black Pepper grants you a non-exclusive and non-transferable licence to use the Website for your own personal use only and subject to these Terms and any other terms and conditions on the Website. 

3rd Party Service Providers

In order to provide the Website and other services to you, we use and need the assistance of a number of 3rd party service providers.  As such, the provision of this Website and our services is subject and conditional upon the provision of the various services by 3rd parties.  You agree to be bound by the relevant 3rd party service providers terms and conditions of supply. For example and avoidance of doubt, you hereby agree to be bound by Comodo’s SSL Relying Party Agreement (available at: www.comodo.com) so that we may encrypt information you provide when making an order.

User Content Submissions

The Website contains facilities for exchange of information with other users of the Website (“Forums”). In using, and contributing material to Forums, you must comply with these Terms and all policies, guidelines and directions published by Black Pepper from time to time.

Black Pepper is not responsible for the accuracy, completeness or suitability of any information provided by users of the Website, you need to take care before relying on or making decisions based on that information. The information is not produced, approved or promoted by us. You agree to exercise appropriate judgment in obtaining or using information from the Website, including ascertaining the currency of information.

Black Pepper does not and cannot review all communications and materials posted to or created by users accessing the Forums and it excludes all liability in respect of the content of these communications and materials. If you have a complaint regarding any material displayed in a Forum or otherwise communicated through the Website, Black Pepper’s sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove the particular material.

Black Pepper’s Licence to use Submitted Material

By uploading material to any Forum or otherwise submitting any material through the Website (“Submitted Material”), you automatically grant (or warrant that the owner of such materials expressly grants) Black Pepper a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, you agree that Submitted Material may be used by Black Pepper for purposes including (without limitation) marketing, research and development of goods and services.

To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for the benefit of Black Pepper, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.

You warrant that any Submitted Material contributed by you will not infringe the intellectual property rights of any third party, breach any obligations of confidence or any other law or regulation relating to the Submitted Material.

Black Pepper reserves the right to block or immediately remove communications or Submitted Material that it considers are or may be in its sole discretion:
(i) abusive, defamatory, or obscene;
(ii) fraudulent, deceptive, or misleading;
(iii) in violation of a copyright, trademark or other intellectual property right of another;
(iv) in violation of any law or regulation; or
(v) offensive or otherwise unacceptable to Black Pepper.

Prohibited Uses

In using the Website and Services you must not:
(a) engage in any commercial activity including marketing, advertising or commercial promotion of products or services, resale, collect and use any product lists or pricing for the benefit of other merchants;
(b) impersonate or falsely claim to represent a person or organisation;
(c) defame, abuse, stalk, harass, threaten or otherwise violate or infringe the rights or legal rights of others, including without limitation, rights relating to privacy, intellectual property  or  publicity;
(d) post, link to, frame or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful;
(e) post, link to, frame or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component;

(f) not link to any part of the websites or frame or use any framing techniques to capture any part of the Website; or

(g) use any robot, spider, screen scraping or data mining technologies or any software, programme, algorithm, methodology or any other automated or manual data gathering or extraction tools to obtain, copy, collect or harvest any data, information or content found on the Website, or use any manual process to copy the Websites or content contained thereon;

(h) access and/or or attempt to access any part of this Website you are not authorised to, including by passing network firewalls; or

(i) attempt and/or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, including automated tools.

Termination

Black Pepper may at any time immediately terminate your membership or access to the Website at any time in its sole discretion and with prior notice if reasonable in the circumstances.  You may at any time terminate your membership or access to the Website at your sole discretion and with prior notice if reasonable in the circumstances.

Consent To Receiving Commercial Electronic Messages

If you express interest in goods or services through your use of this Website, you consent to us sending commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us.

Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. Where a provision or part of a provision is held to be void or unenforceable, such provision or part shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms and so that the remaining Terms remain in full force and effect.

Applicable laws

This policy is governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Terms or Website.

Gift Cards and Vouchers

  1. Gift cards and vouchers are only valid up until the expiry date.
  2. Gift cards and vouchers are generally expressed in a monetary form - for example, a AUD $30.00 voucher. However, in no way do vouchers represent legal tender in any country.
  3. Gift cards and vouchers cannot be sold, transferred or assigned and are not redeemable for cash or any other like instruments - including (but not limited to) gift vouchers, gift cards, cheques and credit notes.
  4. No change will be given and any balance that remains on the gift card can only be used in whole or part against future purchases.
  5. Gift cards and vouchers can only been redeemed at Black Pepper stores in Australia and New Zealand. They cannot be redeemed at Clearance Stores, online, at David Jones, Harris Scarfe or other non-participating retailers.
  6. Please note that certain items and promotions cannot be purchased using gift cards and vouchers. This will be advertised and/or notified to you by Black Pepper staff.
  7. Black Pepper will not be held responsible or liable if vouchers are not able to be redeemed for whatever reason including if there is a Technical Issue unless directly due to Black Pepper’s negligence.
  8. Gift cards and vouchers cannot be redeemed as payment for any part of a layby purchase.
  9. Vouchers cannot be redeemed as part of a gift card purchase and vice versa.
  10. No replacement will be provided if the gift card or voucher is lost, damaged or stolen.

VIP MEMBER PROGRAM

Definitions

1. “Black Pepper VIP Member Program” means the Black Pepper VIP Member program providing members with access to benefits and vouchers.
2. “Activation/Activate” refers to the process required to activate the Black Pepper VIP Member card in -store. 
3. “Benefits” means any benefits given to the Members. 
4. “Member” means an individual who is a member of the Black Pepper VIP Member Program. 
5. “Member Profile” means the personal details of the Member which can be updated in store 
6. “Member Website” refers to the website located at www.blackpepper.com.au where details of the Black Pepper VIP Member Program (including the most up to date Terms and Conditions) can be found. 
7. “Black Pepper” means Breakaway Apparel Pty Ltd ABN 60112065559, the owner of the brand known as Black Pepper, or its authorised representatives. 
8. “Member card” refers to the membership card that is linked to the Members’ Profile on our POS system. 
9. “Redeem vouchers” are vouchers that can be redeemed against purchases. 
10. “Voucher” refers to discount vouchers given to Members as a consequence of purchasing behaviours, incentives and/or promotions. 
11. “Technical Issues” means the technical malfunction of any telephone network, connection or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any web site or intranet site. 
12. “Terms and Conditions” mean these Terms and Conditions and as updated on the Black Pepper Website.

Terms & Conditions

1. The Terms and Conditions set out in this document concern the operation of the Black Pepper VIP Member Program, the use of the Member card, and any promotional activity and VIP Member transactions that arise as a consequence of the Black Pepper VIP Member Program. 
2. Individuals who join the Black Pepper VIP Member program and/or acquire/use Redeem vouchers agree to be legally bound by the Terms and Conditions. 
3. The most current Terms and Conditions at any point in time can be found under T’s & C’s on the Black Pepper Website. 
4. The Terms and Conditions may be modified at any time with reasonable notice, if possible. 
5. Black Pepper will not accept any liability for any email, text, postal communication to any Member that is misdirected, lost or not received. 
6. Black Pepper will not accept any liability for any Technical Issues that may cause damage to any computer related to or used in connection with the Black Pepper VIP Member Program. 
7. Black Pepper may collect personal information from the Members for the purpose of facilitating the Black Pepper VIP Member Program. Please see Black Pepper’ Privacy Policy at www.blackpepper.com.au for more information. 
8. Black Pepper reserves the right to cancel, terminate, modify or suspend the Black Pepper VIP Member Program, vouchers or your membership, especially if the program is being abused, there has been a mistake or damage or loss may, or is being caused to any person. Where possible, Black Pepper will provide reasonable notice. 
9. Black Pepper will not be liable for any tax liability incurred by a Member in connection with the Black Pepper VIP Member Program, including that incurred in the provision of vouchers. 
10. The Terms and Conditions are to be read in conjunction with any additional conditions associated with vouchers, offers or relevant campaigns. 
11. Black Pepper’ decision in relation to all matters arising in relation to the Black Pepper VIP Member Program is final and binding, unless we have acted illegally.

Benefits

1. Members of the Black Pepper VIP Member Program will be entitled to receive benefits. 
2. Black Pepper reserves the right to vary and cancel upcoming and existing benefits at any time and with reasonable notice, where possible. 
3. Members may be notified of vouchers or promotions via email/text, in store or by mail.

Members/Membership

1. An individual is deemed to be a Member of the Black Pepper VIP Member Program when they activate their Member card by signing up in-store or create an online account.
2. Activation of the Member card is deemed acceptance by the individual of the Terms and Conditions. 
3. Membership of the Black Pepper VIP Member Program is only open to individuals with a valid & unique postal address, email address or mobile number. 
4. At any time, Members can only have one membership to the Black Pepper VIP Member Program and one corresponding Member card. 
5. Membership is not transferable. 
6. It is the responsibility of the Member to update their Membership Profile in-store. 
7. A Member can at any time terminate their membership by providing written notice to Black Pepper. 
8. Membership is only open to Australian and New Zealand residents.

Card

1. The Member card remains the property of Black Pepper at all times. 
2. One Member card will be issued per Member. 
3. A current Member card must be presented by the individual associated with the Member card for all transactions including (but not limited to) requests for discounts, recording of purchases, redeeming vouchers or in response to any promotional activity specific to the Black Pepper VIP Member Program. 
4. Members may be required to provide photo identification to verify their identity. 
5. Only one Member card can be presented for each transaction. 
6. Members must notify Black Pepper immediately if the Member card is lost, stolen or misplaced and until such time, Black Pepper will not be held responsible or liable for any use of the Member card.

Vouchers

1. Vouchers are generally expressed in a monetary form - for example, AUD $30.00 voucher. However, in no way do vouchers represent legal tender in any country. 
2. Vouchers cannot be sold, transferred or assigned and are not redeemable for cash or any other like instruments - including (but not limited to) gift vouchers, gift cards, cheques and credit notes. 
3. Vouchers can be redeemed at Black Pepper stores (excluding Clearance stores/outlets and other non-participating retailers eg. Myer, David Jones or Harris Scarfe) 
4. Vouchers can only be redeemed on presentation of the Member card and, on request, corresponding photo identification. 
5. Vouchers cannot be redeemed online. 
6. Vouchers can be redeemed on full priced items only.
7. Please note that certain items and promotions cannot be purchased using vouchers. This will be advertised and/or notified to you by Black Pepper staff. 
8. If a Membership is terminated by us for cause, all outstanding and future vouchers will no longer be valid and will be rendered null and void. 
9. Vouchers cannot be used after the expiry date. 
10. Only vouchers from one Member card can be presented per transaction. 
11. Black Pepper will not be held responsible or liable if vouchers are not able to be redeemed for whatever reason including if there is a Technical Issue unless directly due to Black Pepper’s negligence. 
12. Vouchers cannot be redeemed as payment for any part of a layby purchase. 
13. Vouchers cannot be redeemed as part of a Gift Voucher purchase. 
14. Unless stated otherwise on the voucher, all vouchers expire at midnight on the last day of the month in which they are issued. 
15. A Member can only receive a birthday voucher if they have provided their complete date of birth at least one (1) month prior to your actual birth month. Each Member will only receive one (1) birthday voucher in any 365 day period. 
16. If no email or mobile is provided , it is the VIP members responsibility to request their birthday voucher in their birthday month. 
17. Vouchers are not available to any employee of The PAS Group Ltd or its subsidiaries.

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Breakaway Apparel Pty. Ltd. is a division of The PAS Group.