Terms & Conditions

1 Background

1.1 You (the Customer) agree that by submitting an order (Order) to Pixii Pty Ltd ACN 613 141 629 (Pixii) (whether though Pixii’s Website or otherwise), that the Order will be supplied in accordance with these terms (Terms) and Pixii’s privacy policy (https://www.pixii.com.au/privacy) and that a contract will be formed between Pixii and the Customer in respect of the Order, on the earlier of Pixii:

(a) notifying the Customer that it accepts the Order;

(b) accepting, in full or part, payment from the Customer for any goods the subject of the Order (including but not limited to the dispensers) (Goods); or

(c) making delivery of Goods the subject of the Order,

(the Agreement)

1.2 The Agreement formed under clause 2.2 will comprise these Terms (as at the time the Order is placed) and the Order.

1.3 Pixii is not bound to accept any Order and may decide not to accept any Order for any reason.

1.4 On receipt of an Order, the Customer will be directed to make payment for the Order through Pixii’s third party payment provider, Stripe, and any such payments are subject to Stripe’s then current terms and conditions and privacy policy, available at https://stripe.com/au/legal, as may be updated by Stripe from time to time.

1.5 Payment for an Order indicates acceptance by the Customer of these Terms.

2 Supply

2.1 Payment for an Order is required:

(a) for an order through Pixii’s website - on placing the Order; or

(b) otherwise - in accordance with the associated invoice issued by Pixii.

2.2 Any Order not paid by the relevant due date for payment will be deemed cancelled by the Customer.

2.3 After payment for an Order in accordance with section 2.1, Pixii will fulfil that order by delivery of the applicable Goods to the Delivery Address. While Pixii will use reasonable endeavours to deliver the Goods for an Order in a timely manner, Pixii is not responsible for delays in delivery.

2.4 Any discrepancy regarding the quantity or any damage to Goods delivered to the Customer must be reported to Pixii in writing within seven days of receipt of the Goods, after which (and subject to all applicable laws) no returns will be accepted.

2.5 Prices published by Pixii are quoted exclusive of GST and may change from time to time - check Pixii’s website for current prices. 

2.6 Prices do not include delivery to the address given by the Customer when placing an Order (Delivery Address) unless otherwise specified.

2.7 Risk and title to the Goods will pass to the Customer on delivery to the Delivery Address.

2.8 Unless otherwise agreed with Pixii in writing, Pixii will only supply the Goods, and any assembly or installation that may be required is to be performed by, and at the risk of, the Customer. Pixii accepts no liability for any loss or damage caused by the installation of any Goods by the Customer.

3 Cancellation

3.1 Pixii will not be liable for, and the Customer will be not entitled to cancel, any Order due to any delay or failure by Pixii to perform its obligations under this agreement caused by any event or circumstance beyond Pixii’s reasonable control.

4 Liability

4.1 In this section 4, “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation;

4.2 Except as set out in these Terms, all conditions, representations, warranties, terms and undertakings, whether express or implied, are excluded to the maximum extent permitted by law. Nothing in these Terms excludes, restricts or modifies any rights that Customer may have under the Australian Consumer Law or any other rights and which by law cannot be excluded.

4.3 To the maximum extent permitted by law, including the Australian Consumer Law, Pixii’s liability for any defect in the Goods or their supply or related services (including any breach of warranty) is limited, at Pixii’s option to repairing or replacing the Goods (or supplying equivalent goods) or paying the cost of repairing or replacing the Goods or supplying equivalent goods.

4.4 Pixii will not in any circumstances be liable for any loss of profit, savings and any other consequential damages, including any loss or damages incurred as a result of incorrect information being given by the Customer when placing an Order.

4.5 This clause 4 will survive termination of this agreement.

5 Intellectual Property

5.1 In this clause 5, “Intellectual Property Rights” means any and all intellectual and industrial property rights anywhere in the world including but not limited to the rights comprised in any patent, copyright, design, trade mark, eligible layout or similar right whether at common law or conferred by statute, rights to apply for registration under a statute in respect of those ort like rights and right to protect trade secrets and know how, throughout the world for the full period of the rights and renewals and extensions.

5.2 The parties acknowledge and agree that all legal and beneficial title in the Intellectual Property Rights subsisting in the Goods are held by Pixii and the Customer agrees that it must not infringe or use the Intellectual Property Rights of Pixii which exist in the Goods without the prior written consent Pixii.

5.3 The Customer may supply its own name plate or mark (Custom Mark) to Pixii for the purpose of Pixii reproducing the Custom Mark onto the dispensers (Custom Dispenser) and supplying the Custom Dispensers to the Customer for installation at the Customer’s premises (Approved Purpose), in which case:

the Customer warrants that it owns all Intellectual Property Rights subsisting in the Custom Mark, and the Custom Mark does not infringe the Intellectual Property Rights of any third party;

the Customer grants Pixii a fee-free, non-exclusive, non-transferable, non-sub-licensable licence to use the Intellectual Property Rights in the Custom Mark for the Approved Purpose (or any ancillary purpose related to the Approved Purpose);

the parties agree that Pixii owns all Intellectual Property Rights in the Custom Dispensers other than the Intellectual Property Rights in the Custom Mark, which is owned by the Customer; and

the Customer acknowledges and agrees that this clause 5 does not transfer any ownership of Pixii’s Intellectual Property Rights in the Goods to the Customer.

5.4 The Customer must not modify, adapt, vary, reverse engineer, disassemble or copy all or any part of any Goods or Custom Dispenser without the prior written consent of Pixii.

5.4 The Customer must not remove, deface, change, distort, delete or cover up:

(a) any name plate or mark or Custom Mark on any Goods or Custom Dispenser which indicates that Pixii is the owner of the Intellectual Property Rights in the Goods or Custom Dispenser; or

(b) any patent, copyright or other proprietary notices which appear in writing on or in any part of the Goods or Custom Dispenser.

6 General

6.1 In these Terms:

(a) the singular includes the plural and vice versa;

(b) the word person includes a firm, a body corporate, an unincorporated association, body or organisation established pursuant to international treaty, intergovernmental body, or government authority and other official authority;

(c) a reference to a document or legislation includes a reference to that document or legislation as varied, amended, novated or replaced from time to time;

(d) the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’ or ‘such as’ or similar expressions;

(e) a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and permitted assigns; 

(f) headings are inserted for convenience and do not affect the interpretation of the Terms; and

(g) unless otherwise provided, all monetary amounts are in Australian dollars and a reference to payment means payment in Australian dollars.

6.2 Notices may be given by email.

6.3 Each party must (at its own expense) do all things as any other party asks as may be reasonably required or necessary to give the other party the full benefit of any obligations owed to the other party as expressed in this agreement.

6.4 Pixii may amend these Terms from time to time, at its complete discretion.

6.5 Any Agreement formed under these Terms can only be amended or replaced by another agreement signed by each of the parties.

6.6 Any Agreement formed under these Terms is governed by the laws of the State of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.