- What is covered in these terms
1.1 Purchase of products by you from peachycorp fz llc (“we,” “us,” or “our”) using the Sites and/or Services is subject to these Terms and Conditions (Sale).
1.2 In addition to these Terms and Conditions (Sale), purchases made through the Site and Services are also governed by our other legal terms which are posted on the Site, in particular: Terms and Conditions; Privacy Policy; Returns Policy; and Order Cancellation, (together the “T&Cs”). The T&Cs apply to your order, purchase and any actions related to sales of our products and services. By making a purchase, you are agreeing to be bound by these T&Cs.
- Changes to these terms. We reserve the right to update the T&Cs from time to time at our sole discretion. Every time you wish to purchase a product(s) through our Sites, please check these terms to ensure you understand the terms and conditions that apply at that time.
- Please read carefully.
3.1 Before you submit your order to purchase a product(s) please read the T&Cs carefully so that you acknowledge and agree how we provide products to you, how you and us may act during the contract and or end the contract, what to do if there is an issue and other important information.
3.2 Price and Availability. The Site will provide you with pricing for the products that are carried by us online. The pricing shown to you through use of the Site and/or Services may only be good for purchases made online. Price and availability information are subject to change without notice. We reserve the right to limit quantities. Not all products shown in the Site and/or Services may be available.
- Products Displayed and Described
4.1 Small differences. The descriptions and images of the products on the Site are for illustrative purposes only. Small differences in colour and other slight variations in products are possible due to different image acquisition, display technologies and or display settings or other technical reasons. Therefore, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Products you purchase may vary slightly from those images and or descriptions. To the maximum extent permitted by applicable laws, we are not liable for these variants and deviations.
4.2 Packaging. The packaging of the product may vary from the images on our Services.
4.3 General Usage. Products sold on our Services must be used as described on our Sites and in accordance with any packaging or instructions displayed on our Sites or provided with the products.
- Changes to Products
5.1 We may change products to:
(a) improve the products;
(b) carry out minor technical adjustments;
(c) reflect changes in relevant laws and regulatory requirements.
5.2 These changes in 5.1 will not affect your use of the product.
- Your Order
6.1 It is your responsibly to check that the information displayed in your "Cart" accurately reflects your selection before submitting your order.
6.2 When your order is submitted. After submitting your order, we shall be taken to have accepted your order when a confirmation of order reaches your designated email address.
6.2.1 We reserve the right to accept or reject your order for any reason; including (without limitation) if the requested product is not available, if there is an error in the price or the product description posted on the Site or in your order.
6.2.2 Each order placed for products through the Site or any other means that we accept, results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions.
6.2.3 If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
At this point (confirmation of order email) a contract will come into existence between you and us.
Such acceptance is subject to final availability of stocks.
6.2.4 Multiple transactions (orders submitted and processed) may result in multiple charges and postings to your monthly statement.
6.3 Why we cannot deliver your order. Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you.
6.3.1 This cancellation may be due to (without limitation):
(a) the product is out of stock;
(b) we could not reasonably plan for unexpected resource limitations;
(c) we cannot satisfy any delivery requirements you have specified;
(d) an error in the price or description of the product,
(e) we consider that the postage price selected in the checkout does not match the applicable price for the delivery address;
(f) your order weight exceeds our maximum postal delivery weight (in which case we will contact you to make alternative arrangements where possible);
(g) that order has been placed in breach of these terms and conditions; and
we will not charge you for the product(s) or issue any refund you are entitled to in accordance with our Returns Policy.
6.3.2 We shall endeavour to provide you with reasonable notification if an ordered product cannot be delivered.
6.4 When we may not accept your order. We reserve the right to refuse any order you place with us. We may not accept your order if (without limitation):
(a) your order is submitted with false information or is otherwise fraudulent/illegal; or,
(b) you are under 18 years of age, and you did not get consent from your parent/guardian for the order; or
(c) your order is reasonably believed to be made for the purpose of commercial resale; or
(d) your order is to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law.
6.5 We may limit or cancel your order. In addition, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time your order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed for the purpose of commercial resale.
6.5.1 If you would like to be a wholesale customer, please contact us.
6.6 Cancelling an order (by You). Orders may not be cancelled once submitted via this Site or via any other method of sale unless approved in writing by us. Should you wish to correct your delivery address or contact details prior to the order being dispatched, please Contact Us and we will endeavor to assist you.
6.7 Intellectual Property. Notwithstanding delivery of and the passing of title in any products, nothing in the T&Cs shall have the effect of granting or transferring to, or vesting in, you any intellectual property rights in or to any products and/or services. We retain all intellectual property rights in or to any products and/or services and nothing in the Terms and Conditions (Sale) or the T&Cs shall have the effect of granting or transferring to you any intellectual property rights in or to any products and/or services. We and any logos are registered trade marks licensed to us to use. You cannot use the trade marks, or re-sell, wholesale or distribute the products, without our express written consent.
- Price
7.1 Our prices. The price of the product excludes shipping costs (if any) and excludes GST (unless otherwise indicated). The price of each product will be the price stated in AUD on the order checkout pages at the time your order is submitted. We accept payments online using Visa and Mastercard credit/debit card in AUD.
7.2 Correctness. We take all reasonable care to ensure that the price of the product advised to you is correct. However, if we discover an error in the price of the product you order please refer to clauses 7.3 and 7.4.
7.3 We reserve the right to adjust our prices. We reserve the right to adjust the price of products offered on our Sites and or Services at any time without prior notice to you. You will be charged the prices displayed on the relevant Sites and or Services at the time the order was confirmed by you in the Payment page. We reserve the right to correct any errors or inaccuracies on our Sites and or Services or to cancel orders if such information is inaccurate. Any payments made by you for such products will be refunded in such circumstances.
7.4 What if the price is wrong. Despite our best efforts and reasonable care, some of the products we sell may be incorrectly priced on our Sites and or Services. We will normally check prices before processing your order so that if the product's correct price at your order date is incorrect we will contact you.
7.4.1 If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel your order, refund you any sums you have paid and if you have received your order, require the return of any goods provided to you in the same condition (new, unopened) as they were delivered to you.
7.4.2 Invoice is incorrect. If you think an invoice is incorrect please contact us right away.
7.5 Discount codes. A discount code is issued for Gift Cards. You cannot use two discount codes at the same time. Only one code can be used at a time. We will not partially refund unused portions of Gift Cards. Gift Cards cannot be redeemed for cash. They may be subject to additional terms shown on them or on our Site and or Services.
7.6 International orders customs and import charges. Depending on the value of your order and the destination country, you may be charged import or customs charges. These charges are imposed by the destination country and we are not able to control or estimate any applicable fees or charges. Customs and import fees are the responsibility of the person receiving the parcel, and are not included in the cost of delivery. Please check with your country’s customs service if you need more information.
- Providing products to you
8.1 Processing and delivery. Your products will only be dispatched after you pay for the products in full.
8.2 Delays beyond our control. Once your order is submitted we will deliver the product(s) as soon as reasonably practicable. If our supply of the products is delayed by events outside our control then we will contact you as soon as possible to let you know. We will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the events, but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products you have paid for but not received.
8.3 Responsibility for the product(s). The product(s) will be your responsibility from the time we deliver the product to the delivery address (Place of Delivery) provided by you when you submitted your order. We will not be responsible for any loss or damage that may be incurred following the delivery of the products to the Place of Delivery. By purchasing from our Services, you:
8.3.1 consent to the product(s) you have ordered being left at the Place of Delivery; and
8.3.2 acknowledge that if the products are left at the Place of Delivery, this will constitute delivery of the products and you will bear and assume all the risk in the product(s) after delivery.
8.4 Authority to leave. All orders sent within Australia are sent with Authority To Leave. If you are not home when your order is delivered, Australia Post will leave this somewhere safe or drop this off at your local post office.
8.5 Ownership of the product(s). You own the products once we receive payment in full. Until full payment has been received, you hereby grant us a security interest in such products.
8.6 We may require certain information. In order to supply the products to you we may need certain information, for example, waist and or hip measurements. If this is the case, we will state this in the description of the product(s) on the Site. If you do not submit this information to us, you will not be able to order the product(s) from us and we will not be responsible for not supplying them.
- Returning products to us
9.1 Australian Consumer Law. You have statutory rights under the Australian Consumer Law that are in addition to and are not limited by our 60 Day Risk Free Guarantee or by any other Returns Policy, statement or comment we might make. If a consumer guarantee is not met, for example if a product is not of acceptable quality, is not fit for its purpose or is significantly different from its description or sample, then you may be eligible for an exchange, a refund for a major failure, or to be compensated for any drop in value of the product (if you keep it) or any other reasonably foreseeable loss or damage. If the issue with the product is a minor one, we may choose to offer you a free repair of the product. The consumer guarantees do not apply where, after sale, the product is damaged through misuse or abnormal use.
9.2 Refund Method. In accordance with our Returns Policy, if we determine to issue a refund for the product(s) returned to us, we will refund the applicable amount by the method you used for payment.
9.3 What to do about defective purchased product(s). If any product you purchase is defective, damaged, does not arrive within a reasonable time of your submitted order or is not what you ordered, please contact us. We will assess all requests to return products against our Returns Policy.
9.4 We may ask for some information. To help us serve you and other people better we may ask you to provide us with feedback. In certain circumstances, we may require you to:
(a) supply us with a photograph and or video of any defective or damaged product; or
(b) return the product to us for inspection,
while assessing any request made by you for a replacement, return or a refund.
9.5 Our 60 Day Risk Free Guarantee. This reflects our confidence in our products so we offer this promise to first time Australian customers. (Read more about our 60 Day Risk Free Guarantee)
9.6 Am I entitled to a refund if I've changed my mind? Our products are sealed for health protection or hygiene purposes. Except under our 100% Risk-Free Guarantees, we do not accept returns of products once they have been unsealed.
9.7 When do I have a right to change my mind? Where the product(s) remains sealed, you may return the product(s) if you change your mind. To do so, please refer to the Returns policy here. If the product(s) have been unsealed (opened, worn, washed, etc) you cannot return product(s). We are unable to compensate or reimburse you for opened, worn, washed or used product(s).
9.8 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. You generally have 30 days after the day you (or someone you nominate) received the products, unless your products are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) received the last delivery to change your mind about the products.
9.9 Deductions from refunds may apply if you change your mind.
9.9.1 Change of mind returns are subject to a re-stocking fee/handling fee. We may charge this and it may change from time to time.
9.9.2 If we find there is a reduction in the value of the returned products due to your handling them in a way which would not be permitted in a shop, then we may reduce your refund of the price (excluding delivery costs) to reflect this reduction in value. (See our Returns Policy page for information about what handling is acceptable, and the conditions you must satisfy)
9.9.2 The maximum refund for delivery costs (if applicable, at our sole discretion) will be the costs of delivery by the least expensive delivery method we offer.
9.10 When we will cover the cost of a return. We will pay the costs of you returning product(s) if:
(a) we provided faulty product(s); or
(b) you are cancelling an order because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) required by law.
9.11 Reasonable time to process refunds.
9.11.1 We will make any refunds due to you as soon as possible after your application. If we require you to return products to us (upon cancellation of your order), we will not process any refunds until all products to be returned, have been returned and assessed by us. If a product is returned, and has been used or is not in a state that can be re-sold, we may not agree to issue a refund for that product.
9.11.2 Once you have posted your return to us, please allow up to 10-45 days for your refund to be processed back to your original payment method, depending on the issuing bank of the credit card.
- What if the product has a problem.
10.1 Get in touch. Should you find a potential problem or have any questions or complaints about the products you purchased directly from us, please get in touch with our team. You can find their information at the Contact Us page.
10.2 Pre-worn products. We will not regard goods as faulty if we believe they have been misused, abnormally used or they have been deliberately tampered with. The products are designed to be worn the correct way. Incorrect ways to wear our products include, for example, wearing them without outer garments, wearing them whilst leaning, rubbing, or sitting on rough or sharp surfaces or similar circumstances.
- Indemnity
11.1 You agree to fully indemnify us and hold us harmless from any loss, damage, liability, expenses (including legal costs and fees), claim or demand made by any third party suffered in connection with:
(a) your breach of these terms; or
(b) your violation of any law or the rights of a third party.
- Limitation of Liability
12.1 The Australian Consumer Law provides Consumers with a number of Consumer Guarantees that cannot be excluded or limited. The limitations of liability set out in these Terms are therefore subject to, and will not apply to the extent that they limit or exclude any Consumer Guarantees that may apply to you if you are a Consumer. However where the Australian Consumer Law permits us to limit the remedies for a breach of such Consumer Guarantees we do so in accordance with clause 12.3, 12.4 and 12.5.
12.2 Subject always to any applicable statutory rights of yours, and to the maximum extent permitted by applicable laws, we disclaim all representations, warranties and conditions, express or implied, with respect to the Site, App, submissions, products or services, including, without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, freedom from errors.
12.3 Exclusion of implied terms: With the exception of the consumer guarantees imposed under the Australian Consumer Law (Consumer Guarantees), we exclude any term, condition or warranty that may otherwise be implied into these terms.
12.4 Limitations concerning consumer guarantees. Our liability with regard to any breach or failure to comply with any Consumer Guarantee is limited to the following:
12.4.1 in the case of products:
(a) the replacement of the products or the supply of equivalent products;
(b) the payment of the cost of replacing the products or of acquiring equivalent products;
(c) the repair of products; or
(d) the payment of the costs of having the products repaired; and
12.4.2 in the case of services:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
12.5 Other losses or damages. To the extent permitted by law, we will not be liable for any direct, special, punitive, incidental, exemplary, multiplied, indirect or consequential loss, loss of profit, loss of business opportunity, goodwill or reputation or damages of any kind arising out of or in connection with:
(a) these terms, including any order submitted by you pursuant to these terms;
(b) any failure to deliver the products (or any part of them) promptly or at all, other than to refund any price paid by you where the products are not delivered at all.
12.6 We are not liable for business losses or damages. We only supply the products for domestic and personal use. If you use the products for any commercial, business or re-sale purpose then, to the extent permitted by law, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.7 Nothing in this clause 12, or in these terms, limit your rights under Australian Consumer Law.
- Other Terms
13.1 We may transfer or assign. We may transfer or assign any or all part of its rights under these Terms without restriction to another entity. We will notify you to let you know of any changes.
13.2 You may transfer or assign. You may only transfer or assign your rights and or obligations under these Terms to another person if:
(a) we agree in writing; and
(b) you transferred our 60 Day Risk Free Guarantee at clause 9.5 to another person (Recipient) who acquired the product. We may require this Recipient to provide reasonable proof they are now the owner of the relevant product.
13.3 Parties to this contract. Each contract, created in accordance with these Terms, is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 13.2 in respect of our 60 Day Risk Free Guarantee.
13.4 Governing Law. These Terms and Conditions (Sale) are governed and applied by the laws of New South Wales, Australia.
13.5 Terms conflict. To the extent of any conflict between the Terms and Conditions (Sale) and the T&Cs, these Terms and Conditions (Sale) herein shall prevail.
60 Day Risk Free Guarantee (on any multipack)
For first time customers, under the 60 Day Risk Free Guarantee, we'll give you an exchange for a different size (subject to availability), on your first pair (one pair) of undies that you've tried on. And by the way, you don't need to send that one back. The 60 Day Risk Free Guarantee only applies to one pair (from any multipack) of undies within 60 days of receipt.
When you get your multipack of undies we recommend washing and wearing just one pair to make sure they are right for you. That way if it doesn’t fit, the rest of your order (unopened pairs) will be eligible for an exchange (subject to availability), or a full refund.
Here's an example... Let us break it down for ya - when you get your 4-pack of undies, we recommend you try one pair on to make sure they are right for you. If that pair doesn't fit nicely, keep that one, and contact us, to return the 3 unopened pairs. Then we'll send you out a 4-pack exchange of the new size!
30 Days Refunds & Exchanges
Our policy lasts 30 days. If 30 days have gone by since your receipt of product(s), we don't offer refunds or exchanges.
To be eligible for refunds or exchanges, the product(s) must be unopened, unwashed, unused and in the same condition that you received it. Each new pair of undies are individually packed and sealed for safe hygiene and sanitary reasons. So you must return the product(s) in the original unopened packaging.
Sale Products - No refunds/exchanges will be accepted on product(s) marked as "final sale" or "factory seconds", except for our 60 Day Risk Free Guarantee (as described above) or Faulty Items (as described below).
Size Exchanges
Our undies are made true to size, so we recommend you follow our size chart for the best fit.
We will exchange unopened, unwashed, unused undies for a different size in the same style/colour only (subject to availability).
Change of Mind
If you change your mind, you can return product(s) within 30 days after receiving your order provided the following conditions are satisfied:
- Proof of purchase must be provided;
- Photographs (front and back) of each of the products (packaging) you wish to return; and
- The product must be unopened, unwashed, unworn or unused in the same new condition you received them. The packaging must not have been opened, tampered with, damaged or altered in any way by you.
We do not accept the return of product(s) under our change-of-mind policy that are Sale, Clearance, Factory Seconds or marked as Final Sale including products in our 'We Made Heaps' category.
For change-of-mind returns we will choose whether you are given a refund, online store credit or an exchange for the same item or for an alternate item (which we consider to be of equivalent type or value).
Faulty Product
We work extremely hard to ensure that all products are of the highest quality. If for any reason you find a fault please reach out, we are here to help.
We offer exchanges, refunds or credits on faulty or wrongly described product(s) up to 30 days since your receipt. This excludes product(s) marked as factory seconds at point of sale.
Cost of Returns
Subject to the conditions in the 60 Day Risk Free Guarantee, cost of returns shall be paid by us. First you will need to contact us to arrange return shipping. If you do not use our postal service we shall not be responsible for lost or missing parcels.
How To Complete Refunds & Exchanges
To take advantage of our Refunds policy, please complete and return this form to wecare [@] au.peecheecheex [dot] com FIRST. Don't have a printer? No worries, just download the form, type your details in the fields provided, save it and then email the completed file to us.
Upon receipt of your email, our team will contact you to confirm the details.
How To Pack and Send Returns
We recommend using the reusable satchel/mailer bag you received your product(s) in, which is both compostable and biodegradable. Please do not write on, label, tape or affix any other packing material on the Product(s) packaging.
We recommended you use a tracked postage service when returning product(s) because we shall not be responsible for lost or missing parcels. Please keep a copy of your return delivery Tracking Number from your relevant delivery service (Australia Post).
How Long Will A Refund Take To Process?
Please allow time for your return delivery to reach us. This may depend on your location. Refunds requests are reviewed within 48-72 hours of receiving your item. We will notify you once we’ve received and inspected your return, and let you know the status of your refund request. Depending on your payment option, please allow 2 to 4 weeks for refunds to be processed.
Privacy Policy
Introduction
Welcome to our Privacy Policy. This privacy policy (this "Privacy Policy") describes the privacy policies and practices of all of the Sites, services and products owned by us, licensed by us and or operated by us and or our subsidiaries and affiliates (collectively “we,” “us,” or “our”) with respect to how we collect personal information. It also describes how we maintain, use, and disclose personal information. This Privacy Policy applies to information collected from you by us via this website and other websites operated or provided by us, and any other Sites that we have owned or operated, do own and operate or may own or operate in the future (collectively, the “Sites”).
In this Privacy Policy, “personal information” means information or opinion about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion as further defined under applicable privacy laws, including, but not limited to, Your Contacts and other personal information collected through the Services.
Unless we state otherwise, all references to the Sites, Privacy Policy and these Terms include all such Sites accessed worldwide. These Privacy Policy and Terms do not apply to your use of unaffiliated websites to which any of the Sites may link to or direct you to.
Consent
PLEASE READ THESE PRIVACY POLICY CAREFULLY BEFORE USING THE SITES. BY SUBMITTING PERSONAL INFORMATION TO US OR OUR SERVICE PROVIDERS, SUPPLIERS, PARTNERS, AFFILIATES AND OR AGENTS, YOU AGREE THAT WE MAY COLLECT YOUR PERSONAL INFORMATION AND YOU CONSENT TO THE USE, DISCLOSURE AND TRANSFER OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. By using the Sites, you signify your agreement to these Privacy Policy. If you do not agree to these Privacy Policy and or Terms, you may not use the Sites. In addition, when you use any of our current or future services and or products, you will also be subject to our Terms and Conditions, Terms of Sale, guidelines, terms, conditions and agreements applicable to those services and or products. If these Privacy Policy and Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services and or products, these Privacy Policy and Terms will control.
We respect your privacy and are strongly committed to protecting your privacy and providing a safe online experience for all of our users while offering the highest quality user experience. You agree to the terms of these Privacy Policy and Terms. Because we gather certain types of information about and from you, we believe it is important that you understand our collection and use of this information. These Privacy Policy discloses what information we gather, how we use it, how to correct or change it, and what steps we take to safeguard personal information provided to us both online and offline. Please read the complete Privacy Policy below, as well as our Terms and Conditions, Terms of Sale, guidelines and agreements applicable to those products and or services and contact us if you have any questions.
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Privacy Policy
We may control the Sites from any country we choose, and you acknowledge that we may change control of any of the Sites from any one country to another country location(s) we nominate from time to time at our sole discretion without providing notice to you.
We do not represent that materials on the Sites are appropriate or available for use to all countries. Persons who choose to access the Sites from their country location(s) do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The General Data Protection Regulation contains provisions and requirements pertaining to the processing of personally identifiable information of individuals (formally called data subjects in the GDPR) inside the European Union.
This privacy notice provides you with details of how we collect and process your personal data through your use of our Sites.
By providing us with your data, you warrant to us that you are over 13 years of age.
We are the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at wecare [at] au.peecheecheex [dot] com.
WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT
Personal data means any information capable of identifying an individual. It does not include anonymized data.
We may process the following categories of personal data about you:
◾ Communication Data that includes any communication that you send to us whether that be through the contact form on our Sites, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims.
If you engage with us through a social media account we may collect account or profile information associated with that account. To the extent you connect an account managed by third parties such as social media sites (e.g., Facebook) with our account, you authorize us to have access to information related to that account (as permitted by the terms of service of your account with that social media site) and agree that we may collect, store and use such information in accordance with this Policy. If you do not want to provide us with this data, please modify the privacy settings on your applicable social media account.
Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
◾ Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address, email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
◾ User Data that includes data about how you use our Sites and any online services together with any data that you post for publication on our Sites or through other online services. We process this data to operate our Sites and ensure relevant content is provided to you, to ensure the security of our Sites, to maintain back-ups of our Sites and/or databases and to enable publication and administration of our Sites, other online services, and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our Sites and our business.
◾ Technical Data that includes data about your use of our Sites and online services such as your IP address, your login data, details about your browser, length of visit to pages on our Sites, page views and navigation paths, details about the number of times you use our Sites, time zone settings and other technology on the devices you use to access our Sites. The source of this data is from our analytics tracking system. We process this data to analyze your use of our Sites and other online services, to administer and protect our business and Sites, to deliver relevant Sites content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our Sites and our business and to grow our business and to decide our marketing strategy.
◾ Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We may also collect contact, demographic and eligibility information or other Personal Data. We process this data to enable you to partake in our promotions such as competitions, contests, sweepstakes, loyalty programs, referral programs, trial wear programs, discounts, research activities or initiatives or promotional sales, prize draws and free giveaways, consumer surveys, requests for consumer's opinions/concerns/preferences ("Promotions or Surveys"), to deliver relevant Sites content, products, services and advertisements to you and measure or understand the effectiveness of this advertising.
Promotions or Surveys may also be run by our service providers, suppliers, partners, affiliates or co-branded with one of our business partners (the "Parties"). In such instances, Personal Data may be collected directly by and/or shared between the Parties for marketing, sales and or operational purposes. Personal Data associated with a Promotion or Survey may be shared with the Parties and or those that sponsored or were involved with the Promotion or Survey. To the extent a Promotion or Survey collects information from you about your periods or period product usage, such information will be used to help us better understand your needs and provide you with additional information that you can incorporate into your evaluation of our products and services and for purposes reasonably related to the Promotion or Survey and as otherwise described herein or the privacy notice governing such Promotion or Survey and only to the extent permitted by applicable law.
Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
◾ We may use Customer Data, User Data, Technical Data and Marketing Data to analyse trends and statistics and otherwise monitor usage and performance of the Services, to engage in business transactions, to manage our business and operations, to deliver relevant Sites content and advertisements to you (including but not limited to Facebook adverts, TikTok, Instagram, Twitter, Google, Meta or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
◾ Business Profile Data, supplied by you on an opt-in form or entered into our Command Center Portal, that includes data about your company’s financial and salary history, policies and procedures, and project goals. We process this data to determine how to effectively deliver the correct services and support to you. Our lawful ground of processing is informed consent and performance of contract.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we may at our absolute discretion notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at wecare [at] au.peecheecheex [dot] com. In case we need to use your details for an unrelated new purpose we may let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
HOW WE COLLECT YOUR PERSONAL INFO
We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our Sites by using cookies and similar technologies. Please see our cookie policy for more details about this.
We may receive data from third parties such as analytics providers (including but not limited to Google, and or other providers) based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.
REFERRALS
If you choose to use our referral program to tell a friend or colleague about our Sites, products, services and activities you represent that you have their consent to provide us your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit us. Unless we are authorized by your friend, we will only use your friend’s name and email address for the purposes of sending this one-time email and maintaining an activity log of our referral program.
GEOLOCATION
We collect information about where you are located when you are using our Sites, Services and Products. We use this information for purposes such as optimizing your connection to our data center and suggesting customizations to your experience with our Sites, Services and Products. We share this information with parties such as our data center provider, our advertising partners, suppliers, affiliates, partners and or other entities we work with. If you do not wish to allow us to share your information in this manner please opt-out (unsubscribe) by contacting us at wecare [at] au.peecheecheex [dot] com.
MARKETING COMMUNICATIONS
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
We may send you messages (by telephone, post, text, email, SMS and other digital means) to help you track your orders and keep you informed about our products, services, terms and conditions and features of our website.
Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted (unsubscribed) out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However, you can still opt out of receiving marketing emails from us at any time.
Before we share your personal data with any third party for their own marketing purposes we will get your express consent.
You can ask us or third parties to stop sending you marketing messages at any time [by logging into the Sites and checking or unchecking relevant boxes to adjust your marketing preferences] OR [by following the opt-out links on any marketing message sent to you or] OR by emailing us at wecare [at] au.peecheecheex [dot] com at any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
DISCLOSURES OF YOUR PERSONAL DATA
We may have to share, disclose or transfer your personal data with our subsidiaries or affiliates, and to third parties who we hire to provide services on our behalf, including but not limited to:
◾ Service providers who provide IT and system administration services, telecommunication services, social network providers, support services, distribution, logistics and warehousing services, website services, delivering marketing campaigns, promotional materials, contests, sweepstakes and other promotions, and answering customer questions about our products and services.
◾ Professional advisers where reasonably required to protect our rights, customers, systems and services including lawyers, accountants, bankers, auditors, insurers, information security professionals and other professional advisors.
◾ Government bodies that require us, subject to applicable law, to disclose your Personal Data or to report processing activities.
◾ Third parties to whom we sell, transfer, securitise, finance or merge parts of our business or our assets.
These subsidiaries, affiliates and third parties may be located overseas and your information may be transferred outside of your country of residence including to the United States, Canada, Philippines, Africa, Asia, United Kingdom, Egypt and Australia. We will only provide those third parties with the personal information that they need to deliver the services to us and/or on our behalf. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction. We will not disclose your personal information to third parties for their direct marketing purposes without obtaining prior affirmative consent.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
DATA SECURITY
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, the potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes, the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they stop being customers.
In some circumstances, we may anonymize your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to the portability of data and (where the lawful ground of processing is consent) to withdraw consent.
You can see more about these rights at:
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
If you wish to exercise any of the rights set out above, please email us at wecare [at] au.peecheecheex [dot] com.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to the personal information we hold about you. If your request is clearly unfounded, repetitive or excessive, we may refuse to comply with your request in these circumstances.
We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we may at our discretion provide you with a written notice stating our reasons for refusing.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month or within a reasonable time. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
With respect to human resources data, we will cooperate and comply with the EU DPA’s. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, you may contact the EU DPA’s for more information or to file a complaint. The services of the EU DPA’s are provided at no cost to you.
THIRD-PARTY LINKS
The Sites may include links to third-party Sites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party Sites and are not responsible for their privacy statements. When you leave our Sites, we encourage you to read the privacy notice of all the websites you visit.
COOKIES
Like many websites, we utilize “cookies” to maintain a record of your visit to the Sites and your use of the Services.
Our Cookies: Other types of indirectly collected information are stored in “cookies.” Cookies are small files of electronic information that a Sites can transfer to a visitor’s hard drive to help that visitor while on the site. It can only be read by the web server that sent it to you. Some of our Sites use cookies simply to store a user code so that the user does not have to re-enter their information when re-joining the site. The use of cookies is standard on the Internet. Although most Web browsers automatically accept cookies, the decision of whether to accept or not is yours. You may adjust your browser settings to prevent the reception of cookies, or to provide notification whenever a cookie is sent to you. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to access the full functionality of our Sites. Cookies placed by us will expire when the user terminates the Sites session or after a reasonable period of inactivity.
Third-Party Cookies and Tracking: We may use automated devices, applications, cookies, third party plug-ins and or widgets provided by third parties, such as Google Analytics, to evaluate usage of our Sites and Services. We also may use other analytic means to evaluate our Services. We collect information from these third parties and use these tools to help us improve our Services, performance, and user experiences.
We collect transactional information and browse behavior on our website. We may use such information to offer you recommendations for products and services that are relevant to your interests. We use the services of trusted third parties to offer you meaningful recommendations during the online experience. We share IP address, unique ID number, and shop and browse behaviour with the third party service provider on an aggregate basis but do not share personal information for these purposes.
We may also use trusted third-parties that use tracking technologies to serve advertisements on our behalf across the Internet. These companies may use cookies, tracking pixels and action tags to measure advertising effectiveness using non-personally identifiable information. You can still decide whether you want to accept these cookies. You may adjust your browser settings to prevent the reception of third-party cookies, or to provide notification whenever such third-party cookies are sent to you.
PAYMENTS
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS).
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy). Once you leave our Services or are redirected to a third party website or application you are no longer governed by this Privacy Policy or our Terms.
We do not hold or have access to the payment information you provide to Shopify or its payment service providers, such as your credit card or bank account details, although we do have access to the method of payment and card issuer.
Contact
If you have any questions regarding these Privacy Policy or your dealings with our Sites, please contact us at wecare [at] au.peecheecheex [dot] com.