Pumpkin Patch is currently in receivership.
The Receivers advise that they are unable to provide item exchanges, returns, refunds or credits except to the extent required by the Australian Consumer Law (ACL). If consumers are entitled to a refund under the ACL in respect of a faulty product:
• For faulty products purchased on or before 26 October 2016, consumers' claiming refunds will be unsecured creditors of the company and should lodge a claim with the voluntary administrator by contacting email@example.com
• For faulty products purchased after 26 October 2016, consumers can claim their refund in-store or by contacting the Pumpkin Patch customer service team on firstname.lastname@example.org
Gift vouchers will be honoured on a ‘dollar-for-dollar’ basis. For example, a $40 purchase can be paid for with a $20 gift voucher and $20 cash; a $100 purchase with a $50 gift voucher and $50 cash etc.
The Receivers shall have no personal liability under or in respect of any sale transaction including any gift voucher, and in particular, to the maximum extent permitted by law, any personal liability of the Receivers in respect of any guarantee, warranty or undertaking relating to any goods sold is excluded.
New lay-by transactions are no longer offered by this store. If you have an existing lay-by transaction, you can complete it by paying out the balance.
Gift Exchange Receipts are no longer available in this store.
In proceeding to complete any sale transaction, the Customer by doing so agrees that the sale transaction and the supply of any goods in relation to it is subject to these terms.
The Receivers shall have no personal liability under or in respect of any sale transaction, and in particular, to the maximum extent permitted by law, any personal liability of the Receivers in respect of any guarantee, warranty or undertaking relating to any goods sold is excluded. In proceeding to complete any sale transaction, the Customer by doing so agrees that the sale transaction and the supply of any goods in relation to it is subject to the terms set out in this clause. To the extent that any aspect of the Terms and Conditions are inconsistent with this clause, this clause prevails.
Terms and conditions for the use of this website
Welcome to the Charlie&me website, which includes but is not limited to the domain names charlieandmekids.com; charlieandmekids.co.nz and charlieandmekids.com.au (the "Site").
The terms and conditions set forth below (the "terms") govern your use of this Site on the World Wide Web. This Site belongs to Pumpkin Patch Direct Ltd, trading as Charlie&me. ("Charlie&me").These terms are legally binding on you. If you do not agree with any of these terms, do not access or otherwise use this Site or any information contained on this Site. Your use of this Site shall be deemed to be your agreement to abide by all the terms. Charlie&me reserves the right to revise these terms at any time and we shall notify you of such revisions by posting an updated version of these terms on the Site. You are responsible to review these terms before each access or use of the Site. Your continued use of the Site shall constitute your consent to such changes.
General Use Restrictions
All information, documents, product images, and services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by Charlie&me.
Charlie&me grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the Charlie&me copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home/place of business or Charlie&me, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited licence terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited licence, you agree to immediately destroy any electronic or printed Materials.
Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorisation of Charlie&me.
Third Party Content
You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials on this Site on any other server or Internet-based device without the advance written authorisation of Charlie&me or its licensors, respectively.
Links To Third Party Sites
Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of Charlie&me or others used on this Site are the property of Torquay Enterprises Ltd or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of Charlie&me or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Torquay Enterprises Ltd Copyright © 2011, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
You agree to defend, indemnify and hold harmless Charlie&me and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including legal fees that arise out of or in connection with your use of the Site or breach of these Terms.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, or outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by Charlie&me, and agree that Charlie&me does not warrant the accuracy or timeliness of the Materials and further agree that Charlie&me has no liability for any errors or omissions in the Materials, whether provided by Charlie&me or its licensors.
Charlie&me, for itself and each of its licensors, makes no representations, warranties, or guarantees as to the quality, suitability, truth, accuracy or completeness of any information or material contained on the Site, including without limitation the Materials and any third party content. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Site and any information or Material contained on the Site is provided to you on an “as is” and “where-is” basis, and is for personal use only. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty or merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed.
Limitation of Liability
Neither Charlie&me nor any of its partners, agents, affiliates, third party providers or content providers shall be liable to you or any third party for any form of damages (including, without limitation, direct, indirect, incidental, special or consequential damages) arising out of or related to the use or attempted us of the Site, or any External Websites linked to this Site, or the Materials on the Site, however arising, whether for breach or in tort, even if Charlie&me was informed of the possibility of such damages.
Our display of products on our website is an invitation to treat and not an offer to sell those goods to you.
An offer is made when you place the order for your products. As you go through the order process there are also a series of instructions. We will not be bound however unless and until we accept your offer.
We take payment from your card at the time we despatch your order, once we have checked your card details. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. .
We will send to you an email to acknowledge your order, if you enter a correct email address. This is not an order confirmation or order acceptance from us.
Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place on the despatch to you by us of the goods and order invoice, which takes place as your product is shipped from our warehouse. It does not take place until that stage, notwithstanding that we may have debited your card (see above) or that we have sent an acknowledging email (see above)
All orders that you place on this website will be subject to acceptance in accordance with the above clause of these terms and conditions.
Please refer to Delivery page for Despatch information.
The purchase of goods is subject to availability.
We do not file details of your order for you to subsequently access and therefore please print out these terms and conditions and the order acknowledgement for your own records. If you require any information or email email@example.com. Our Customer Service Centre is open Monday 6.00am - Friday 2.30pm.
We will arrange postage on your behalf in order to facilitate the delivery of the goods to your nominated address. Orders that are shipped to Australia may be subject to import GST, customs duties and fees levied. The recipient of the product at the nominated address is regarded as the importer of record and must comply with all Australian laws and regulations. Additional charges for customs clearance, if applicable, must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Please note that when customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
If you have any queries or issues with your order please call 1800 263 258 or email firstname.lastname@example.org. Our Customer Service Centre is open Monday 6.00am - Friday 2.30pm.
All orders for products are subject to availability. It is possible that an item you purchased on this Site is not in stock. We are truly sorry if any items you wish to purchase are not in stock. Any sold out items will have 'SOLD OUT' beside them on the statement accompanying your purchase. Your credit card or Paypal account will not be charged for any unavailable items.
We attempt to reproduce our colours as true to life as possible, but due to the nature of the printing and screen display process, sometimes garment colours may vary slightly from the colour chart or their images.
We reserve the right to refuse to supply any individual or company.
The supplier of the goods featured is Pumpkin Patch Direct Ltd, 439 East Tamaki Rd, East Tamaki, Auckland New Zealand.
Charlie&me controls and operates this Site from its headquarters in New Zealand. You are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by the laws of New Zealand, without regard to the choice or conflicts of law provisions of any jurisdiction. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Charlie&me to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Charlie&me in writing. The Terms comprise the entire agreement between you and Charlie&me and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
These terms and conditions do not in any way affect your statutory rights.