Full Pump Pty Ltd ACN 666 470 266 (Full Pump, We, Us, Our) owns and operates the Full Pump website at https://www.fullpump.com and all its subpages (Website). These terms and conditions, our Privacy Policy, any other terms and conditions and policies you may find on the Website and any applicable laws or regulations (collectively, Terms) govern each user’s (You, Your) use of, and access to the Website, social media channels, and the products and services provided therein (together, Services), regardless of Your means of access.
We encourage You to read the Terms.
By accessing or using the Website, You acknowledge that You have read, understood and agreed to the Terms.
If You access and use any part of the Website on someone else’s behalf, You represent that You have the authority to do so and You accept the Terms on their behalf. To the extent that You do not have such authority, You agree to be bound by the Terms and to accept liability for any harm or loss caused by any wrongful use of the Website or Services resulting from such access or use. It is Your responsibility to read the Terms each time You visit the Website.
Modification
We reserve the right to modify or remove any part of the Terms, or content of the Website, at any time and without notice to You. Amendments to the Terms will be effective immediately upon being posted to or removed from the Website. Your continued use of the Website thereafter will represent Your acceptance of any changes to the Website or Terms.
We make no promise to maintain the Website. We may, at any time and without prior notice to You, withdraw the Website from use and terminate any or all of the rights granted by the Terms. We are not liable to You if for any reason some parts or all of the Website is unavailable at any time or for any period.
Full Pump has the absolute right to amend, remove or vary the Services or any page of the Website at any time and without notice to You.
Orders
You may place an order via the Website. To place an order, You must:
- meet the eligibility criteria (see below); and
- provide Your personal and payment details, including Your full name, phone number, e-mail address, postal address and any other requested information. By providing these details, You represent and warrant that they are valid and correct and that You are the person specified in the ‘Billing Information’ section.
You will meet the eligibility criteria if:
- You hold a valid credit or debit card issued by a bank that is acceptable to Full Pump, or You hold another means of payment that is acceptable to Full Pump, such as a valid Afterpay account (Alternative Payment Method);
- You have authorised Full Pump to process one or more charges on Your credit or debit card or Alternative Payment Method in an amount equivalent to the total purchase price for the products that are the subject of that order.
We reserve the right to only accept orders placed by those aged over the age of 18.
Acceptance of Your order
When You place an order through the Website, then You make an offer to purchase the selected products from Us in accordance with the Terms. Your offer is accepted by Us, and the contract is completed for the supply of the products when an email is sent by Us (or our authorised agent) to You confirming that the products have been dispatched and handed over to the designated carrier.
For sake of clarity, Your offer has not been accepted when:
- You add any products to Your cart; and/or
- You receive an email from Us after placing Your order which acknowledges the details of Your order. This email is only intended to confirm that We have received notice of, but not accepted, Your order.
At the time Your order is placed, Your credit or debit card or Alternative Payment Method will be charged in the amount equivalent to the total price for the products that are the subject of Your order. The transaction may appear as ‘authorisation only’ or ‘pending’ on Your bank statement until Your order is fulfilled.
We have a responsibility to provide You with a secure payment gateway. To protect the interests of You and Your financial institution, We conduct and implement fraud detection processes, including monitoring suspicious transactions and verifying the authenticity of orders. If Your order (or Your nominated payment method) triggers Our fraud prevention protocols, We may contact You to confirm additional details. Your order must pass Our fraud prevention protocols before it will be fulfilled. If We are unable to obtain authorisation for payment, or You do not provide the requested information within the required timeframe, Your order may be cancelled and payment returned, if applicable, via the original payment method. In those circumstances, Your bank may take three to five business days to clear the funds back into Your account.
We reserve the right to:
- Reject Your offer at any time at Our discretion, including in the event that We are unable to obtain authorisation for payment, the selected products are unavailable or You do not meet the eligibility criteria set out, or otherwise contemplated, in the Terms;
- Restrict or limit the quantity of particular products being shipped to any one customer or postal address.
The contract for the supply of products is completed in Queensland, Australia.
Pricing
Prices are inclusive of GST and are displayed in Australian Dollars (AUD).
Prices are subject to change, effective immediately upon posting to the Website or other form of notification.
Shipping
All orders placed on the Website are shipped with Sendle and are processed Monday – Friday. We endeavour to process and dispatch all orders within one to three business days from the order being placed. By placing an order for products via the Website, You agree to Sendle’s terms and conditions and authorise Us to use Sendle to deliver the products.
Please note:
- During peak sale periods (ie. EOFY, Black Friday, Cyber Monday, Boxing Day, etc.), please allow an additional 24-48hrs for any order placed to be dispatched.
- Delivery time is subject to stock availability and may be extended by Us by up to 30 days and We will endeavour to provide You with reasonable notice of this extension.
- Once Your order has been placed, it cannot be changed or cancelled.
- We only ship to Australian addresses.
- Your order may not be delivered to an unattended address. If no one is available to take delivery of Your order at the shipping address nominated in Your order, then a card will be left and Your order will be redirected to the nearest courier depot. You are then responsible for collecting Your parcel from that depot or paying an additional charge for re-delivery.
Returns and exchanges
Returns and exchanges
We will accept returns of products purchased through the Website and We will provide You with either a replacement for the products, an exchange voucher or repair where the products delivered:
- Are faulty or is not of merchantable quality;
- Are not fit for its intended purpose;
- Do not match the description on the Website;
- Otherwise fail to meet any mandatory guarantees imposed by the Australian Consumer Law.
If there is a problem with any products delivered to You which was purchased through the Website, please email Us at info@fullpump.com and a member of Our team will assist You. To enable Us to evaluate Your return request, please make sure You provide our team with the following information in Your email to Us:
- Your order number;
- A detailed description of the problem or the reason for Your request to return the products;
- If the products We sold to You were damaged during delivery, please provide a photo of the products which was taken as soon as it was unboxed;
- Your name and contact details.
We will then evaluate Your return request and respond accordingly. If We feel the problem described requires clarification, We may contact You to clarify Your return request. If Your return request is approved by Us, We will provide you will return instructions.
Please note: You are responsible for the postage cost to return the products to Us and this cost will not be refunded by Us to You.
Manufacturer’s Warranty
The manufacturer of the products which are sold by Us via the Website provides a 12-month contractual warranty against defects in the products. That warranty is void and unenforceable where You:
- Modify or attempt to modify the products without the manufacturer’s consent in writing;
- Repair or attempt to repair the products without the manufacturer’s consent in writing;
- Deliberately damage the products, or allow to be products to be damaged;
- Use the products otherwise than strictly in accordance with the Terms.
Full Pump 90 Day Money Back Guarantee
If, within 90 days from the date of purchase, You are not completely satisfied with the performance of the products You purchased via the Website, simply complete and return this form. You must receive a returns authorisation and return the product (in its original packaging) to receive a full refund.
We reserve the right, at any time, to verify the validity of returns being made under the Full Pump 90 Day Money Back Guarantee (including Your identity, age and place of residence) and We reserve the right, in Our sole discretion, to disqualify any person who We have reason to believe has breached any of these Terms, tampered with the claim process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Full Pump 90 Day Money Back Guarantee. Errors and omissions may be accepted at Our discretion. Failure by Us to enforce any of Our rights does not constitute a waiver by Us of those rights. Our right to recover damages or other compensation is reserved.
Please note, to be eligible to claim the Full Pump 90 Day Monday Back Guarantee:
- The products must have been purchased via the Website and returned to Us at the above address within 90 days from the date of purchase (being the date Your order was placed);
- You are responsible for the postage cost to return the products to Us and this cost will not be refunded by Us to You.
Intended Use
By placing an order with Us, You agree to use the products for personal use and their intended purpose only. If You use the products for any other purpose, You will assume full responsibility are solely liable for any loss or damage arising out of such use.
It is Your responsibility to obtain advice from a suitably qualified expert or professional regarding the use of products purchased via the Website prior to such use and to comply with any recommendations and advice provided. It is Your responsibility to practise safe use of any products You purchase via the Website.
You must comply with all applicable laws and regulations when using any products purchased via the Website.
Linked Sites
The Website may contain links to other websites, platforms or resources which are operated by third parties (Third Party Links). We are not responsible for the content or accuracy of any Third Party Link which is linked to or from the Website, nor are We responsible for the availability of the Third Party Links, and We are not responsible or liable, directly or indirectly, for the privacy practices or the content of any Third Party Links, including any offerings, advertising, goods or other materials or services on or available from such website or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available through said Third Party Links.
You should make Your own enquiries regarding the content of the Third Party Links prior to accessing same. Your accessing any Third Party Links is at Your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Links that You choose to visit. Reference to any goods, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us.
Privacy Policy
Our privacy policy, which sets out how We will collect and use Your information. See (Privacy Policy) for more information.
Prohibitions
You must not use the Website to:
- Commit or encourage a criminal offense;
- Transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- Hack into any aspect of the Services;
- Corrupt data;
- Cause annoyance to other users;
- Infringe upon the rights of any other person's proprietary rights;
- Send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- Attempt to affect the performance or functionality of any computer facilities of or accessed through the Website.
Breaching this provision would constitute a criminal offence and We will report any such breach to the relevant law enforcement authorities and We will disclose Your identity to them, alongside the identities of any of Your associates involved in any breach of this provision.
We will not be liable to You for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, mobile, network, data, programs or other proprietary material due to Your use of this Website or to Your downloading of any material posted on it, or on any Third Party Links.
Linking to the Website
You may link to the Website, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval between or endorsement between You and Us where none exists. You must not establish a link from any website that is not owned by You. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice to You.
Intellectual property
In this document:
- Content means any materials or content that contribute to the existence and the ‘look and feel’ of the Website, including information, graphics, headers, icons, images, logos, names, sounds, music, video, audio, text, software, HTML and code; and
- Intellectual Property Rights includes patents, rights to inventions, copyright, trade marks, designs, know-how, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
The Website, Content and all Intellectual Property Rights comprised in the Website and Content are owned by Full Pump, or in some cases, Our affiliates, partners or licensors. The Intellectual Property Rights may be protected by Australian and international laws.
You are not granted any rights, including any Intellectual Property Rights, in relation to, or permitted to use, any part of the Content or Website, other than as expressly authorised by Us, Our third party licensors or applicable laws, such as the Copyright Act 1968 (Cth).
Any unauthorised publication, reproduction, exploitation distribution, duplication, copying, including to another server or location, sale, access, modification or use of any part of the Website or Content is prohibited.
Full Pump makes no representations or warranties about whether Your use of the Website or Content will, or will not, infringe any Intellectual Property Rights, including those of Full Pump or any third party.
You must not apply for any patent for any content related to the software and hardware of or in relation to any products purchased or available to be purchased via the Website.
No commercial use
The Website (and any products purchased on or via the Website) is for Your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via the Website. You may not use the Website (and any products purchased on or via the Website), or any of its Content, to further any commercial purpose, including, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on Your own website, auction sites, group buying sites social media sites or otherwise.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and/or locations featured on the Website are in no way associated, linked or affiliated with Full Pump and You should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Full Pump.
Disclaimer of liability
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, You agree that, to the fullest extent permitted by applicable law, We will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with Your use of the Website, including clicking any hyperlink to or from a Third Party Link; (e) any inaccuracies or omissions in the Website or Content; or (f) events beyond Our reasonable control.
Further, to the fullest extent permitted by applicable law, We will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Website or its Content, or Your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if We have been advised of the possibility of such damages and in no event shall Our maximum aggregate liability exceed AUD $100.
Indemnity
You indemnify Us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Us, arising from, or which is directly or indirectly, related to:
- Your breach or non-observance of any term of the Terms;
- Any breach or inaccuracy in any of Your representations or warranties; or
- Your use of the Website or Content.
Representations and warranties
It is Your responsibility to, and You represent and warrant that You will check any products purchased via the Website to ensure the products are intact and safe for use prior to any use.
We attempt to provide accurate information on the Website. However, the information contained on the Website is of a general nature only and does not constitute or replace professional advice for individual or specific conditions/needs and, to the extent permitted by applicable law:
- We do not warrant that information contained on the Website or in the Content, including any descriptions of products, colours, ingredients is accurate, complete, reliable, current, or error-free;
- Full Pump takes no responsibility for any loss, damage, injury or death arising from any use of the information contained on the Website or in the Content; and
- the Website is presented ’as is’ and We make no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms or the Website, including warranties of merchantability, non-infringement or fitness for a particular purpose.
Except as required by law, We do not warrant or represent the suitability of any products sold via the Website for any purpose or that use of the products will produce any particular result.
Full Pump does not promise that the Website, the Content or the server that makes it available are free of viruses or other harmful components. We recommend that You ensure that You have up to date virus checking software installed.
Nothing in the Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified. Subject to the preceding sentence, and to the fullest extent permitted by applicable law, Our liability under the Terms will be limited to: (a) replacing the products or supplying equivalent products; (b) repairing the products; (c) paying the cost of replacing the products or of acquiring equivalent products; or (d) paying the cost of having the products repaired.
Force Majeure
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of Our reasonable control, including acts of God, governmental actions, including any government imposed shutdown, lockdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.
Invalidity
Any part of the Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
No Waiver
Any failure to enforce any of Our rights does not constitute a waiver of those rights.
Complaints
Full Pump welcomes ideas and feedback about all aspects of the Website and Full Pump’s products. This feedback may be used to administer and refine the Services We provide.
If You have any questions or feedback regarding Our Services, the practices of the Website or Your dealings with Full Pump, You can contact Us via email at info@fullpump.com and submit Your questions or feedback.
If You have complaints please contact Us via email at complaints@fullpump.com so We may attempt to address Your complaint.
Applicable law
The Terms are governed by the laws of Queensland, Australia and You agree to submit to the exclusive jurisdiction of the Courts exercising jurisdiction in Queensland, Australia.
