Terms & Conditions

mypingu Website Terms and Conditions (Terms)

1. Your acceptance

1.1 These are the terms on which mypingu a venture of BRP Creative Pty Ltd registered ABN 55628602522 (referred to as mypingu Australia, My Pingu, mypingu, we, our or us) permits users (referred to as you or your) to access and use the mypingu website (https://mypingu.com.au/) (Website) including using the services and functionality made available through the Website, viewing Content (defined in clause 12) provided by mypingu, communicating with mypingu, reviewing product information and placing an order for products, services or both (Order) through the online store (Online Store).

1.2 You agree to be bound by these Terms when you:

(a) use, browse or access any part of the Website;
(b) register an account with the Website; or
(c) place an Order through the Online Store.

1.3 mypingu may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.

2. Registering an Account

2.1 You may be required to register an account to make an Order on the Online Store or access other particular areas of the Website (Account).

2.2 You warrant that all information and data provided by you in the registration is accurate, complete and up to date. You will promptly inform mypingu if there is any change to this information or data.

2.3 By registering an Account, you warrant to us that you are at least 18 years of age and possess the legal authority to enter into, and use the Website in accordance with, these Terms. You agree to be financially responsible for all of your use of the Website (as well as for use of your Account by others, including without limitation minors (under 18 years old) living with you or in your care).

3. Passwords

3.1 You may only make an Order on the Online Store by entering the Account password selected by you when registering your Account on the Website (Password). You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who enters into a transaction using your Password, as if they were your own acts and omissions. mypingu will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify mypingu against all loss, damage, claims, costs or demands in this regard.

3.2 You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify mypingu of any Password which is lost, inoperable or used in an unauthorised manner.

4. Orders for products, services or both through the Online Store

4.1 By placing an Order via the Online Store you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by mypingu in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, mypingu may in its discretion permit an Order to be cancelled, but cancellations cannot be guaranteed once any applicable payment is received for the Order. The Order cannot be cancelled by you once you accept delivery of the products.

4.2 Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email). Where your Order is not accepted by us, your Account will be updated indicating that your Order has not been accepted. If you do not receive a Confirmation Email, please login to your Account to check the status of your Order.

4.3 Notwithstanding anything to the contrary, while we will use best endeavours to ensure that products advertised for sale on the Website are available for purchase, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.

4.4 mypingu does not accept Orders via the Online Store originating from outside Australia.

5. Changes to products, services and pricing

5.1 We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).

5.2 All updates and modifications to the Website including any changes to the Content, Online Store, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website. While we will use best endeavours to ensure that products advertised for sale on the Website are available for purchase, we cannot guarantee the availability of any product.

5.3 Any recommendations or compatibility checks provided by mypingu are an opinion only. We always recommend doing your own research and contacting manufacturers directly to confirm details before purchase. We accept no responsibility for items not being suitable or compatible.

6. Pricing

6.1 All transactions are processed in Australian Dollars.

6.2 Prices are inclusive of goods and services tax. In all other respects prices are exclusive of taxes, duties and charges imposed or levied in Australia in connection with the supply of goods or services.

7. Payments

7.1 Payment for an Order is made through the Online Store to have your Order delivered to you using one of our third party couriers.

7.2 We accept Online Payment using VISA and MasterCard credit cards, PayPayl, Apple Pay, and Google Pay.

7.3 We only accept credit cards issued in Australia. The credit card holder must be either the billing or shipping recipient. All PayPal orders will ship to the registered PayPal address.

7.4 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.

7.5 If we are unable to successfully process your credit card for your Order that is accepted by us, then we may cancel your Order.

7.6 You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.

7.7 We will provide you with a receipt at time of ordering (in respect of Online Payments) which specifies the total fees and charges for the products and services in your Order. These details are also available under your Account for you to refer to or print at any time for the period that your Account remains active.

8. Delivery of Orders

8.1 We offer the choice of shipping using StarTrack and Australia Post eParcel (Third Party Couriers). Shipping and delivery of Orders will be in accordance with the delivery terms of the Third Party Couriers.

8.2 You must provide a physical delivery address where someone is likely to be available to accept the delivery of your Order during business hours. You may be required by the Third Party Couriers to provide proof of identification for verification checks, in accordance with their delivery terms here. Should the address provided be incorrect and the freight returned to us, you will be responsible for any additional freight cost or return to sender fees.

8.3 Shipping costs are influenced by the size and weight of the products in your Order and your location. You can see the pricing on the available shipping options by entering your post code into the freight calculator. This calculator appears on the lower half of the screen when you add items to your cart. Some items in our range are too large for Australia Post to process and deliver; these items are restricted to Startrack delivery only in the checkout. Startrack are unable to deliver to a PO Box or Parcel Locker.

8.4 We aim to ship all Orders, where products are in stock, within 1-2 business days. If for any reason we are unable to dispatch your Order we will notify you within 2 business days. Shipping times are estimated at between 1-7 business days depending on your location within Australia, but are subject to the delivery terms of the Third Party Couriers. Your order may be shipped in multiple parcels/consignments.

8.5 Claims for damage in transit, incorrect delivery or incorrect item receipt must be reported in writing within 3 days of delivery and the goods returned to mypingu within 14 days of approval. There is no cover offered for issues reported after this time frame.

8.6 Orders shipped using the Australia Post On Demand option are shipped in accordance with the cut off and delivery times specified in checkout (delivery times subject to parcel volumes). Parcels will be delivered regardless of whether someone is available to accept the delivery. No claims for loss/non receipt can be made when using this service as you are guaranteeing your availability to accept delivery. Service available to selected Victorian postcodes only and delivery excludes PO Boxes and Parcel Lockers.

9. Risk and title

9.1 If you elect to have your Order delivered to you using one of the Third Party Couriers, then title to the products in your Order passes to you upon delivery.

10. Change of Mind Returns

10.1 mypingu will allow a return for store credit or exchange product where you have changed your mind, provided that the item in question is:

(a) returned within 14 days of receiving order;
(b) as new and is not used, worn, or opened and has all original packaging and tags in-tact (including any package seals (if any) being unbroken);
(c) in a resalable condition; and
(d) not damaged in any way.

10.2 We cannot accept change of mind returns on items that come in sealed packages or boxes where seals are damaged or broken.

10.3 To return your item for change or mind, you must follow our returns process, in Clause 18 and 19. You must always contact us first, before returning any items purchased from mypingu. Any items returns without our approval will be returned at your cost.

10.4 You will be responsible for the cost and risk of returning goods, including the cost of return shipping. If the item is not received by us or the seller, you will not be eligible for a credit or exchange. We recommend you insure high value items that you return for change of mind.

10.5 You may be provided with a product exchange, refund or store credit (at our discretion or at the discretion of the Seller) only when the returned product is received, and it complies with the requirements of clause 10.1.

10.6 If the returned item does not meet the conditions of this policy, you will be responsible for the cost of receiving your returned goods back to your nominated address

10.7 Change of mind returns are not accepted for intimates, which includes underwear, hosiery, socks, swimwear and adult toys due to hygienic reasons. Remedies for defective goods are still available. Under no circumstances can change of mind returns for digital access codes or downloadable software be accepted.

10.8 The following goods are excluded under this policy:

11. Content

11.1 The Website is owned and operated by or on behalf of mypingu.

11.2 All intellectual property rights (including copyright and patents) in the information, comment, content, communication, advice, text, training materials, trade marks, logos, service names and trade names of mypingu, images of people or places or other content (Content) contained in the Website are owned or licensed by mypingu.

11.3 The Content on the Website is for general information purposes only. mypingu does not warrant or make any representations as to any third party products or services described or referred to on the Website. Product images are for reference only and may vary from the actual product received. Any use of the Content by another person or organisation is at the user's own risk.

11.4 The Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on the Website is not an endorsement of any organisation, product or service.

11.5 We may modify any information on the Website (including Content) at our discretion for any reason. All updates and modifications to the Website (including Content) will be subject to these Terms.

11.6 If you have a complaint regarding any Content on the Website, mypingu's sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.

12. Prohibited uses

Unless expressly permitted by and in accordance with these Terms, you agree that in accessing and using the Website, you will not:

13. Links

13.1 The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for their content or accuracy. mypingu provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.

13.2 Facebook and other websites which are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. mypingu is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. mypingu is not responsible for and will not be liable in respect of any incorrect link to an external web site.

14. Access and communication

14.1 mypingu does not warrant that you will have continuous access to the Website. mypingu will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.

14.2 mypingu does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.

14.3 Whilst mypingu takes reasonable precautions to protect information transmitted via the Website (for instance, when you access your Account, or you make a purchase, a secure connection via Secure Socket Layer technology is established with your web browser to ensure that your details are encrypted and securely communicated to us), mypingu cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.

14.4 mypingu does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

15. Reviews on Website

Customers may submit reviews and ratings to be published on the Website. mypingu may remove or not publish reviews that contain personal details, personal attacks, swearing, vilifying comments, mention competitors, are published on the wrong product or service, or are fake or misleading.

16. Privacy

Any personal information submitted by you to mypingu is subject to and will be handled in accordance with mypingu's Privacy Policy. The Privacy Policy forms part of these Terms and can be found here. You agree that, by using the Website or communicating with mypingu, you have read the Privacy Policy, understood its contents and consented to its requirements.

17. Indemnity

You will fully indemnify mypingu in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following: (a) any breach of these Terms by you; (b) your use of the Website; or (c) your communications with mypingu

18. Problems with your goods

18.1 If you have a problem with your goods, please contact us via the provided contact form here. We will investigate your issues and advise you whether your product may be returned and, where required, provide you with instructions on how to return your goods.  If we need the product returned, we will provide a return label for this purpose. Any postage cost incurred by the customer for return postage will not be refunded if it is found that there is no valid warranty claim and/or and the return label has not been provided.

18.2 You are responsible for the return of your goods unless it is unreasonable for you to do so (such as large or bulky items) and in such circumstances we will arrange for them to be collected from you. Where we collect goods, you may still be required to assist us with the returns process (such as disassembling assembled items), and we will work with you to ensure this is as smooth and efficient as possible.

18.3 Once an item is returned we will either inspect your goods and investigate any claimed defect or in some cases, send the goods to third parties for assessment and/or repair. Where applicable we provide a remedy in relation to your goods.

18.4 If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer's instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.

18.5 Refunds will be issued using the payment method used for purchase. If you have an account with us, store credits will be issued to the account used to purchase the goods.

18.6 We aim to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.

18.7 In the case of goods and/or services redeemable through a third party provider, the refusal of a refund or Store Credit does not prevent you from seeking a refund directly from the provider.

19. Defective Goods

19.1 All goods sold on mypingu.com.au (whether by us or an independent Seller) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and 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.

19.2 Any product warranty given by mypingu.com.au will apply in addition to other rights and remedies you may have under the Australian Consumer Law. Where applicable, you may make a claim in relation to goods that are faulty in accordance with our 12 Month Warranty Terms & Conditions. This warranty only applies where specifically advertised in the product's listing.

19.3 Goods that you purchase from our site (including Seller goods) may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by mypingu.com.au, and rights you may have in relation to those warranties are separate to any warranty rights given to you by mypingu.com.au. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.

20. Termination of your access to the Website

mypingu may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

21. Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

22. Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

23. Contacting us

If you have questions about the Website, these Terms or the Privacy Policy, please contact us here via the provided form on our website.

Last updated: 08/10/2023