Terms and Conditions
Last updated: April 5, 2013
Welcome to productpan.com. Productpan Services LLC and/or its affiliates ("Productpan") provide website features and other products and services to you when you visit or shop at productpan.com, use Productpan products or services, use Productpan applications for mobile, or use software provided by Productpan in connection with any of the foregoing (collectively, "Productpan Services"). Productpan provides the Productpan Services subject to the following conditions.
By using Productpan Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Productpan Services, and sometimes additional terms may apply. When you use an Productpan Service you also will be subject to the guidelines, terms and agreements applicable to that Productpan Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Productpan Services, to understand our practices.
When you use any Productpan Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Productpan Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Productpan Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Productpan or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Productpan Service is the exclusive property of Productpan and protected by U.S. and international copyright laws.
Graphics, logos, videos, page headers, button icons, scripts, and service names included in or made available through any Productpan Service are trademarks or trade dress of Productpan in the U.S. and other countries. Productpan's trademarks and trade dress may not be used in connection with any product or service that is not Productpan's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Productpan. All other trademarks not owned by Productpan that appear in any Productpan Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Productpan.
One or more patents owned by Productpan apply to the Productpan Services and to the features and services accessible via the Productpan Services. Portions of the Productpan Services operate under license of one or more patents. These patents are protected by International patent laws.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Productpan or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Productpan Services. This license does not include any resale or commercial use of any Productpan Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Productpan Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Productpan or its licensors, suppliers, publishers, rightsholders, or other content providers. No Productpan Service, nor any part of any Productpan Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Productpan. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Productpan without express written consent. You may not use any meta tags or any other "hidden text" utilizing Productpan's name or trademarks without the express written consent of Productpan. You may not misuse the Productpan Services. You may use the Productpan Services only as permitted by law. The licenses granted by Productpan terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Productpan Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Productpan does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Productpan Services only with involvement of a parent or guardian. Alcohol listings on Productpan are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Productpan reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Productpan reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Productpan a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Productpan and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Productpan for all claims resulting from content you supply. Productpan has the right but not the obligation to monitor and edit or remove any activity or content. Productpan takes no responsibility and assumes no liability for any content posted by you or any third party.
Productpan respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us so we can look into the infringement.
RISK OF LOSS
All items purchased from Productpan are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Productpan does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Productpan does not take title to the refunded item.
Productpan attempts to be as accurate as possible. However, Productpan does not warrant that product descriptions or other content of any Productpan Service is accurate, complete, reliable, current, or error-free. If a product offered by Productpan itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Productpan Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold by Productpan, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Productpan is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Parties other than Productpan operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Productpan does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE Productpan SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Productpan SERVICES ARE PROVIDED BY Productpan ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Productpan MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Productpan SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Productpan SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Productpan SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Productpan DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Productpan DOES NOT WARRANT THAT THE Productpan SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Productpan SERVICES, Productpan'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Productpan ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Productpan WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Productpan SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Productpan SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Productpan Service, or to any products or services sold or distributed by Productpan or through productpan.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
By using any Productpan Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Productpan.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These policies also govern your use of Productpan Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- 12 Coode Street
- Fremantle, WA
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our contact form. We respond quickly to the concerns of rights owners about any alleged infringement.
Please note that this procedure is exclusively for notifying Productpan that your copyrighted material has been infringed.
What information about customers are gathered?
The information we learn from customers helps us personalize and continually improve your productpan.com experience. Here are the types of information we gather.
- Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.
- Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses productpan.com or advertisements and other content served by or on behalf of productpan.com on other Web sites.
- Mobile: When you download or use apps created by Productpan or our subsidiaries, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services. For more information about how to do this, please refere to your mobile providers manuals.
- E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from productpan.com if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences.
- Information from Other Sources: We might receive information about you from other sources and add it to our account information.
What About Cookies?
- Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features such as purchasing, Recommended for You related and relivant products, personalized advertisements on other Web sites (e.g., Productpan Associates with content served by productpan.com and Web sites using Checkout by Productpan payment service), and storage of items in your Shopping Cart between visits.
Does productpan.com Share the Information It Receives?
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and with subsidiaries productpan.com, Inc. controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.
- Affiliated Businesses We Do Not Control: We work closely with affiliated businesses. In some cases, such as Marketplace sellers, these businesses operate stores at productpan.com or sell offerings to you at productpan.com. In other cases, we operate stores, provide services, or sell product lines jointly with these businesses. You can tell when a third party is involved in your transactions, and we share customer information related to those transactions with that third party.
- Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
- Promotional Offers: Sometimes we send offers to selected groups of productpan.com customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust your Customer Communication Preferences.
- Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that productpan.com, Inc., or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
- Protection of productpan.com and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of productpan.com, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
- With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
How Secure Is Information About Me?
- We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
- We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
- It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
What Choices Do I Have?
- As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such productpan.com features.
- You can add or update certain information on pages, we usually keep a copy of the prior version for our records.
- If you do not want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences.
Are Children Allowed to Use productpan.com?
productpan.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use productpan.com only with the involvement of a parent or guardian.
Conditions of Use, Notices, and Revisions
If you choose to visit productpan.com, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law Australia. If you have any concern about privacy at productpan.com, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
Productpan Online Returns Policy
Productpan Returns Policy applies to Productpan Online
Returning Productpan Online products
We will offer a refund/ exchange on most products purchased at Productpan Online. If you are not completely satisfied with your product, return it to us for a refund / and or exchange. Please refer to the full Productpan Policy for details.
How to return a product ordered on Productpan Online
Products ordered at Productpan Online can be returned to our stores. You will need your tax invoice (email receipt) as information on this is needed as proof of purchase. For change of mind return/exchange, delivery fee is non-refundable.
Contact us on the online contact form.
Damaged or Incorrect Product delivered
We apologise for the inconvenience, we will resend the correct item to you as soon as we can on return of the incorrect items. Contact us on the online contact form.
Productpan Returns Policy
Change of Mind Returns
If you wish to return an item because you have changed your mind about your purchase:
- You return the item within 15 days of purchase;
- You produce your original Productpan register receipt at the time you return the item
- The item is in resaleable condition including that:
- It is in its original packaging, including instruction manuals and all accessories;
- It is unworn, unopened, unused and in its original condition;
- Any sew-in labels are still attached; and
- In the case of computer games, CDs and DVDs the original security seal or shrink wrap is intact and that:
- The product is not one on which a change of mind return is not available (see below).
If these requirements are not satisfied Productpan reserves the right not to offer an exchange voucher or refund for change of mind returns.
Goods on which a change of mind return is not available
Productpan will not accept the return of items from the following categories under the change of mind returns policy under any circumstances:
- Cosmetics and fragrances
- Printer cartridges
- Bedding accessories (for example, mattress and pillow protectors)
These products can still be returned if they are faulty, not fit for purpose or do not match the sample or description.
Productpan will accept product returns and provide you with an exchange voucher, refund or repair where:
- The product is faulty or is not of merchantable quality, or
- The product is not fit for its intended purpose, or
- The product does not match the sample or our description; and
You can present your Productpan register receipt or other adequate proof of purchase.
Please note, in the case of electrical and electronic products (see definition below), tents and gazebos, BBQs and motorised products Productpan may elect to return the product to the manufacturer's repair agent to determine the nature of the problem. If the product is determined to be faulty, not of merchantable quality, not fit for purpose or not matching a description or sample Productpan will offer a repair, exchange voucher or refund.
If you cannot present your Productpan register receipt or other acceptable proof of purchase Productpan reserves the right not to offer a refund or exchange.
In the case of electrical and electronic products, tents and gazebos, BBQs, and motorised products Productpan will be happy to refer you to the manufacturer's customer service hotline for assistance with operating difficulties or product repairs.
The manufacturer's customer hotline number should be included with the information supplied with your product. For your convenience our manufacturers' customer hotlines are also listed on Productpan's website www.productpan.com.
Where you seek a refund for any item that was purchased as part of a 'deal', Productpan may refund the price in accordance with deal eligibility. No refund will be given on free items and any refund amount may be recalculated if your return results in deal eligibility no longer being met.
If you are experiencing operating difficulties with electrical, electronic or other similar products we recommend you first contact the manufacturer's customer hotline before returning the product. Many operating difficulties can be quickly solved with the right advice.
Productpan reserves the right to:
Assess the condition and age of returned goods prior to offering a repair, exchange or refund. This may result in a repair, exchange or refund being refused.
- Your original Productpan register receipt is the best form of proof of purchase
- Refunds will be issued using your original payment method
- Refunds will not be provided for the purchase of gift cards. Gift cards are not redeemable for cash.
- Please return any accessories and manuals supplied with product
- Electrical and Electronic products include digital cameras, computers, satellite navigation products, mobile phones, phones, game consoles, game console games and computer games and other software, iPods, MP3 players and downloadable products including iTunes, phone cards and mobile recharge vouchers, ringtones, wallpapers and games).