Terms and Conditions
Welcome to www.pennfishing.com.au (our Website). Our Website is provided by Pure Fishing Inc, 16 Pioneer Ave, Tuggerah NSW 2259. Pure Fishing, Inc., is a subsidiary of Newell Brands Inc, NYSE: NWL
The website is intended for use by people residing in Australia. The statements made available on the Website do not apply outside Australia. If you would like general information about The Purefishing Company, Inc, please visit www.Purefishing.com.
Purefishing may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time at its sole discretion. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to any changes.
At its sole discretion, Purefishing may also impose limits on certain features and services or restrict your access to parts or all of the Website either temporarily or permanently without prior notice or liability to you or any third party.
In order to create an account and/or make any purchases via the Website, you represent and warrant that:
(a) you are at least eighteen (18) years of age;
(b) you possess the legal right and ability to enter into a legally binding agreement with us; and
If Purefishing suspects that you are under the age of 18 years, we reserve the right to refuse access to the Website or to any account.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any products purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Website Use and Security
You are prohibited from violating or attempting to violate the security of this Website, including without limitation by: (a) accessing data not intended for your use or logging onto a server or an account which you are not authorised to access; (b) accessing this Website by any means other than through the interface provided by us or from an access point other than the authorised access point www.pennfishing.com.au. We will not be responsible in any way for access from outside this interface or access point; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (d) attempting to interfere with service to any user, server, host or network, including, without limitation, via means of submitting a virus to this Website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (e) using any device, software or routine to interfere with, disrupt or attempt to interfere with or disrupt the proper working of this Website or any activity being conducted on this Website; (f) using, copying or distributing Website content except as permitted by this Agreement, by law or with our prior written consent; (g) sending unsolicited email, including promotions and/or advertising of products or services; or (h) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security or fraudulent, abusive or illegal activity may result in civil or criminal liability. Purefishing will investigate occurrences that may involve such violations or activity and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations or activity.
You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. You must not use another member's account without the express permission of both Purefishing and the other user.
If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
To the extent permitted by law (including the Australian Consumer Law), Purefishing reserves the right, without obligation or liability to you or any third party, to take any of the following actions at our sole discretion at any time and for any reason without giving you any prior notice:
(a) restrict, suspend or terminate your access to all or any part of the Website (including your user account) temporarily or permanently;
(b) terminate your account or prevent you from accessing all or parts of your account details or other content contained in your account temporarily or permanently;
(c) establish general rules concerning use of the Website.
Registration and Account
You may wish to become a registered account holder of this Website. When registering and activating your account with us, you will be required to provide us with personal information such as your name and address, and a valid email address. You must ensure that this information is accurate and current.
As stated above, Purefishing may terminate your account without prior notice or liability to you or any third party. If we do this, you may be prevented from accessing all or parts of the website, your account details and/or any other content contained in your account.
The Website contains content that Purefishing creates and also content provided by third parties. It also contains product information provided to Purefishing by third parties about products that are manufactured by or for people other than Purefishing. We do not accept responsibility for the accuracy, veracity or the quality of any third party content. You agree not to use any automated means, including without limitation agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Website, except those automated means that we have approved in advance and in writing.
Accuracy of Information
While Purefishing uses reasonable efforts to ensure the content of this Website is accurate and up-to-date, Purefishing makes no warranties or representations as to the accuracy or completeness of the content or the reliability of any advice, opinions, statements, articles, recipes, or other information displayed or distributed through this Website. To the extent permitted by law (including the Australian Consumer Law), you acknowledge that any reliance on any such advice, opinions, statements, articles or other information shall be had your sole risk. We reserve the right to correct any errors or omissions in any portion of the website.
You understand and agree that except as required by law (including the Australian Consumer Law), Purefishing will not be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you order the products.
Products, Services and Specifications
All features, content, specifications, products and services described or depicted on this Website are subject to change at any time without notice.
Due to photographic and screen limitations associated with the representation of products, some actual products may differ in visual appearance and packaging from the way they appear on the Website. All reasonable measures are taken to accurately display the attributes of our products, including the colours; however, the actual colours you see will depend on your computer monitor. Purefishing cannot guarantee that your monitor will accurately display such colours.
Because some products are imported or originate from outside of Australia, their packaging, ingredients and size may vary from the same or similar products available in Australia.
Availability of Products
The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. We will endeavour to include a statement on the Website if Purefishing is aware that a particular product is out of stock, but we are under no obligation to do so.
We reserve the right to notify you that products for which you placed orders have become unavailable. In the event that you order a product from the Website and we later inform you that we no longer stock the product you had originally ordered:
(a) we will not charge you for the product that we have not supplied to you;
(b) we will contact you to discuss whether we are able to provide you with a substitute product; and
(c) except as required by law (including the Australian Consumer Law), we will not be liable to you for any resulting loss such as you purchasing the product from another retailer at a higher price (including delivery and other charges).
To the extent permitted by law including the Australian Consumer Law, we reserve the right to accept or reject your offer for any reason (or no reason), including without limitation the unavailability of any product, limitations on quantities available for purchase, an error in the price or product description, problems identified by our credit department, or an error in your order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. For your convenience, you will not be charged until your payment method is authorised and your order is shipped.
While it is the Purefishing practice to confirm orders by email, the receipt of an email order confirmation does not constitute the acceptance of an order or confirmation by Purefishing of an offer to sell a product or service. Purefishing may also require verification of information prior to the acceptance and/or shipment of any order.
You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel it. If you have any problems with your order, you must go through the normal returns process outlined below (see "Process for Returns and Refunds").
Pricing; Payment; GST
The prices of products, delivery and other charges are shown in Australian dollars and include GST where applicable. You are responsible for all sales taxes on your purchase. Tax exemption certificates cannot be accepted on these orders.
Prices are current at the time of display, but are subject to change without notice. While Purefishing strives to provide accurate product and pricing information, pricing or typographical errors may occur. Purefishing cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, then subject to the Australian Consumer Law, Purefishing shall have the right to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Purefishing may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
All payments must be received in full prior to dispatch. Payment options for products you wish to purchase will be provided at the point of purchase, which are subject to change without notice. If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold the product against your order. In such instances we do not guarantee that the product will be available should you try to order it again.
Where offered by Purefishing, a discount/coupon code may only be redeemed once per household for orders. These codes may not be used in conjunction with any other discounts. Only one discount/coupon code may be used per order.
Supply and Shipping of Products
Please read the "Delivery" section of the Website for delivery details. Purefishing offers shipping within Australia. When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. You are responsible for all shipping costs. Upon shipment, Purefishing may email to you a tracking number.
We will use our reasonable endeavours to meet our stated timeframes for delivery. However, many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met. We reserve the right to amend our stated timeframes without notice to you.
We do not allow personal pick up, irrespective of reasons and/or circumstances relating to your order.
Title and Risk
We retain ownership of products you order until payment is received in full for those products together with delivery and any other applicable charges.
All purchases from this Website are made pursuant to a shipment contract. As a result, risk (including without limitation risk of loss or damage) and title for products purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Change of Mind Returns
The Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), provides certain statutory guarantees in respect of the products we supply to you if those products are of a kind ordinarily acquired for personal, domestic or household use and consumption, or cost less than $40,000, and are not re-supplied by you. These statutory guarantees give you certain rights that we cannot exclude, restrict or modify, except in the limited circumstances set out under the sub-heading "Limitation of liability for statutory guarantees" below.
As outlined more fully in the Australian Consumer Law, if a good we supply to you fails to meet a statutory guarantee and that failure cannot be remedied or is a "major failure", subject to the provisions of the Australian Consumer Law, you are entitled to return the good to Purefishing and receive a full refund or replacement (at your election). Alternatively, you may (at your election) choose to keep the good and recover from us the difference between the price you paid for the good and the value of the good.
As outlined more fully in the Australian Consumer Law, if a good we supply to you fails to meet a statutory guarantee and that failure can be remedied and is not a "major failure", subject to the provisions of the Australian Consumer Law, you are entitled to ask us to remedy the failure. We are entitled to choose how we remedy the failure, including by either: (a) repairing the goods; (b) replacing the goods; or (c) by providing a full refund including the delivery fee.
The statutory guarantees referred to in this clause may not apply to all products sold on the Website. You accept and acknowledge that the provisions of the Australian Consumer Law will determine: (a) which products are covered by such statutory guarantees; and (b) our liability to you for any failure of a good to meet a statutory guarantee (except where Purefishing has expressly chosen to limits its liability as permitted by the Australian Consumer Law as provided for under the sub-heading "Limitation of liability for statutory guarantees" below).
Your Statutory Rights – Repairs and Refunds
Limitation of liability for statutory guarantees: Where the products we supply to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability to you for failure to meet a statutory guarantee under the Australian Consumer Law (other than our liability for guarantees as to title, undisclosed securities and undisturbed possession, which we cannot limit) is limited to doing one or more of the following (at our election):
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
We cannot limit our liability in this way if you establish that it would not be fair or reasonable for us to do so.
Goods that develop a defect may also be covered by a manufacturer's warranty. You may wish to contact the manufacturer directly regarding returns and repairs of those goods.
In general, many Purefishing products come with a limited manufacturer's warranty from the date of original retail purchase that the product will be free from defects in material and workmanship. The length of the limited warranty varies by product. Purefishing does not offer a warranty on all products. For example, disposable items and value accessories do not come with a warranty. Please refer to your product or its packaging for the exact terms and conditions of the limited manfuacturer's warranty for your purchase.
If Purefishing offers a manufacturer's warranty, the warranty is valid for the original retail purchaser from the date of initial retail purchase and is not transferable. You must retain your original sales receipt and/or proof of order, as proof of purchase is required for any manufacturer warranty claim. The warranty included with your purchased product is your exclusive warranty, and Purefishing dealers, service centres or retail stores selling Purefishing products do not have the right to alter, modify or in any way change the terms and conditions of the manufacturer's warranty.
PENN 1 Year Manufacturer's Warranty
Your new PENN product comes with a limited warranty for a period of one year. Pure Fishing (Australia/New Zealand) Pty Ltd will repair or replace defects in material and/or workmanship in Pure Fishing products with no costs to you other than shipping charges incurred to and from our service facility.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure’.
The warranty is effective from the date of purchase, to the original purchaser, for all products purchased in Australia and New Zealand.
Pure Fishing will have no other obligation and will not be liable for incidental or consequential damages. This warranty does not cover damage caused by addition to, or alterations of the product, accident, abuse or normal wear as a result of failure to provide the recommended care and maintenance. Damage that is determined to be of this nature will be repaired at the consumer’s expense.
This warranty does not extend to commercial or rental use.
Warranty Service Centers
Penn Fishing Australia
16 Pioneer Ave
Tuggerah NSW 2259
Monday thru Friday
8:00 A.M. - 4:00 P.M. EST
Phone: 1800 106 389
Process for Returns and Refunds
When returning a product, please contact us on 1800 106 389
Once contacted we will advise you of the best way to return the product(s) and provide you with a Return Authorisation Number.
Refunds will be issued using the payment method used for purchase. We aim to process refunds and replacements within 7 days of receipt by us of the original product. Replacement of products, refunds and repairs will not be made until the original product is received by us and your claim is verified. [Allens note: we recommend that Purefishing process refunds and replacements (particularly those where the consumer is entitled to a refund/replacement under the Australian Consumer Law), within a reasonable time frame as there may be consequences if Purefishing does not remedy a failure within a reasonable time. We would be happy to discuss what might be reasonable.]
Subject to the your rights under the statutory guarantees in the Australian Consumer Law (see "Your Statutory Rights – Repairs and Refunds" above), we will not refund a purchase or replace a product if the goods have been lost, destroyed or disposed of by you, or where in our reasonable opinion the product has following sale to you been damaged or become of unacceptable quality due to misuse, failure to use it in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.
To the extent permitted by law (including the Australian Consumer Law), this Website is provided by Purefishing on an "as is" and "as available" basis. We do not warrant that this Website will be available at all times or that it will be provided without fault or disruption.
To the extent permitted by law (including the Australian Consumer Law), Purefishing makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, services or materials included on this Website.
Limitation of Liability
Unless we are not permitted to do so by law (including under the Australian Consumer Law), we exclude all liability to you or any other person for loss or damage of any kind or nature relating in any way to the Website, including without limitation loss or damage you or any other person might suffer as a result of:
(a) errors, mistakes or inaccuracies on the Website;
(b) acting or not acting on any information contained or referred to on the Website and/or any linked website;
(c) personal injury or property damage of any nature resulting from your access to or use of the Website;
(d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(e) any interruption or cessation of transmission to or from the Website;
(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
(g) the quality of any product or service of any linked website.
We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
Links to Third Party Sites
References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Purefishing endorsement, sponsorship or recommendation of the third party, information, product or service. If you use those websites, you will leave this Website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Purefishing makes no warranty or representation regarding any linked websites.
Linking to the Purefishing Website
All links to the Purefishing websites must be approved in writing by Purefishing, except that Purefishing consents to links in which: (i) the link is a text-only link containing only the name "the Purefishing company, inc."; (ii) the link "points" only to www.purefishing.com and not to deeper pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with, endorsed by, or sponsored by Purefishing nor be such as to damage or dilute the goodwill associated with the name and trademarks of Purefishing or its affiliates. Purefishing reserves the right to revoke this consent to link at any time in its sole discretion.
This Website is controlled, operated and administered by or on behalf of Purefishing. Purefishing makes no representation that materials at this Website are appropriate or available for use at other locations outside of Australia and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the content in violation of Australian export laws and regulations. If you access this Website from a location outside of Australia, you are responsible for compliance with all local laws. If you are located in the United States of America, please use the www.Purefishing.com website to access Purefishing products and services.
Purefishing will collect, store and use your personal information in order to provide you with any products you purchase, and to the extent applicable, administer and maintain your account, bill you for any products you purchase, provide you with information about Purefishing's products and services and for other related purposes.
All pages on this Website are subject to the following copyright notice: © 2012 The Purefishing Company, Inc. All rights reserved.
Any unauthorised use of the Contents is subject to all applicable penalties available to the copyright owner under the applicable copyright laws.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
If you believe that the content of this Website infringes your copyright, please send a notice of the alleged infringement to: General Manager, Purefishing Brands Pty Limited, ABN 74 091 681 195, Suite W2C1, Sydney Corporate Park, 75-85 O'Riordan St, Alexandria, NSW 2015
Trade Mark Notice
The Purefishing name and logos and all related product and service names, design marks and slogans are the trade marks or service marks of Purefishing or its affiliates or related entities. All other marks contained herein are and remain the property of their respective owners and are used on the Website with the permission of those owners. No trade mark or service mark licence is granted in connection with the Contents. Access to this Website does not authorise anyone to use any name, logo or mark in any manner.
Invention and Idea Submissions
As you can understand, Purefishing may be working on a new or improved product when it receives a similar suggestion from an inventor. If Purefishing proceeds with its new product, it is natural for the inventor to think that Purefishing used the inventor's idea and that the inventor should be compensated. In order to protect inventors as well as Purefishing, only patented inventions will be considered for review. If you have already obtained a patent, you may send Purefishing a copy of the patent for consideration. Please do not send any confidential information with the patent or the submission will not be considered. We will not review patent applications that are pending. Purefishing does not want you to, and you should not, send any confidential or proprietary information to Purefishing via this Website or by any other means not in compliance with the Purefishing policy. For further information regarding the Purefishing policy, please call 0011 1 316 832 2653. You agree that any information or materials that you or individuals acting on your behalf provide to Purefishing in violation of the Purefishing policy will not be considered confidential and may be returned to sender at sender's expense or destroyed. By providing any such information or materials to Purefishing in violation of our policy, you grant to Purefishing an unrestricted, irrevocable, worldwide, royalty-free licence to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Purefishing is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Purefishing. You further recognize that Purefishing does not want you to, and you warrant that you shall not, provide any information or materials to Purefishing that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary or confidential material of a third party.
Transfer and Assignment
You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third party:
(a) we shall be permitted without giving notice or seeking prior consent from you to disclose the personal information and other data that we have collected from you to that third party; and
(b) we shall be entitled to assign the benefit of any agreements we have with you to the third party.