Our Terms and Conditions

Last Updated: 26th July 2023

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.perenn.is website (the "Service") operated by Perennis Holdings Pty Ltd ("Perennis", "us", "we", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).

General Conditions
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Products and Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the website. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

Pricing and Availability
All prices are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Shipping and Delivery
Perennis offers both domestic and international shipping. The terms for shipping, including costs, delivery times, and potential customs/duty fees, are outlined in our Shipping and Delivery Policy. By making a purchase on our website, you agree to the terms set forth in this policy.

Our Shipping and Delivery Policy is incorporated into these Terms by reference. Please review the Shipping and Delivery Policy before making a purchase. We reserve the right to change our Shipping and Delivery Policy at any time, so please review it regularly. Changes will take effect immediately upon their posting on the website.

Coming Soon Products

On occasion, we may display products on our website that are not yet available for purchase, marked as "Coming Soon." These are items that are expected to be available for purchase in the future, and are listed for informational purposes only to provide a preview of our upcoming product offerings.

Please note that the release dates, product descriptions, and prices of "Coming Soon" products are estimates only and are subject to change without notice. The appearance of a product in a "Coming Soon" status does not guarantee that the product will become available for purchase at a later date, nor does it constitute a promise or agreement to sell the product at the indicated price or under the described conditions.

You cannot pre-order or place an order for "Coming Soon" products. Once a "Coming Soon" product becomes available for purchase, it will be listed for sale on our website, and you will need to place an order to purchase the product.

While we strive to provide accurate and timely information, we are not responsible for any errors or inaccuracies in the information provided for "Coming Soon" products. If you have any questions or require further information about a "Coming Soon" product, please contact us.

From time to time, we may offer the ability for you to pre-order products that are not currently in stock. When you place a pre-order, you are making a commitment to purchase the product once it becomes available, and your payment method will be charged at the time of placing the pre-order.

The expected availability date for pre-ordered items is an estimate only and is subject to change without notice. We will make reasonable efforts to communicate any changes to the expected availability date, but we are not responsible for any delays in the availability or delivery of pre-ordered items that are beyond our control.

Upon receipt of your pre-ordered item in our inventory, we will ship it to the shipping address you provided during the checkout process, following the same procedures and terms as outlined in our Shipping and Delivery clause. If your order includes both in-stock and pre-ordered items, we may ship your order in multiple parts, as each item becomes available.

Please note that pre-ordered items are subject to our standard Return Policy. If you wish to cancel a pre-order before the item has been shipped, please contact us and we will process a refund for you. Once the item has been shipped, cancellations will be processed as returns, in accordance with our Return Policy.

Sales Tax
All prices displayed on our website are exclusive of applicable sales taxes, unless otherwise stated. Sales tax will be calculated and added to your order during the checkout process, based on the shipping address you provide and in accordance with the applicable tax rates for your jurisdiction. You are responsible for paying any sales tax that may be applicable to your order.

We make reasonable efforts to ensure the accuracy of the sales tax calculation; however, we are not responsible for any errors or discrepancies in the calculation of sales tax. If you believe that an error has occurred in the calculation of sales tax on your order, please contact us and provide relevant information so that we can review and, if necessary, correct the sales tax calculation.

Return Policy
Please review our Return Policy, which is incorporated herein by reference and governs your purchase of products from our website.

Participation in the Perennial Club
By creating an account with Perennis, you automatically enroll in the Perennial Club and agree to its terms and conditions. The Perennial Club allows you to earn points ("Perennial Points") on your purchases and other activities, as described in the Perennial Club.

Please note that your participation in the Perennial Club is subject to the terms, conditions, limitations, and requirements of the program, which may be updated at any time. It's your responsibility to review the Perennial Club regularly.

Third-Party Links
Our website may contain links to third-party websites or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).

Under the Australian Consumer Law (ACL) and relevant laws in New South Wales (NSW), Australia, we are not liable for any loss or damage arising from such errors, inaccuracies, or omissions, provided that we have taken reasonable steps to correct or update the information as soon as we become aware of the issue.

If you believe that any information on our website is incorrect or misleading, please notify us so that we can take appropriate action to address the matter.

Disclaimer of Warranties; Limitation of Liability
To the extent permitted by law, we do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Perennis Holdings Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Please note that some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the limitations above may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

Personal Information
Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy, please refer to the section on Privacy Policy provided earlier in this document.

Intellectual Property Rights
All content, materials, and information on the website, including but not limited to text, graphics, logos, images, and software (collectively, the "Content"), is the property of Perennis Holdings Pty Ltd or its content suppliers and is protected by applicable copyright, trademark, and other intellectual property laws. The compilation of all Content on this website is the exclusive property of Perennis Holdings Pty Ltd and is protected by applicable copyright laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or in any way exploit any of the Content, in whole or in part, without the express prior written permission of Perennis Holdings Pty Ltd. Unauthorized use of the Content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. You may not remove any copyright, trademark, or other proprietary notices from the Content or any materials obtained from the website.

By using the Service, you agree to respect the intellectual property rights of Perennis Holdings Pty Ltd and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purposes any copyrighted material or other intellectual property found on the website without the express written consent of Perennis Holdings Pty Ltd.

Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the website, its content, or our Service:

a) for any unlawful purpose;
b) to solicit others to perform or participate in any unlawful acts;
c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) to submit false or misleading information;
g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
h) to collect or track the personal information of others;
i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
j) for any obscene or immoral purpose; or
k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms and Conditions, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement
These Terms and Conditions and any policies or operating rules posted by us on our website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales (NSW), Australia.

Changes to Terms and Conditions
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Contact Information
If you have any questions about these Terms and Conditions, please contact us at legal@perenn.is.