terms & conditions

2.1   You must only use the Website(s) in accordance with these Terms and any applicable law.

2.2   You must not (or attempt to):

   (a)   Interfere with or disrupt the Site or the servers or networks that host the Website(s);

   (b)   Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website(s); or

   (c)   Interfere with security-related or other features of the Website(s)

2.3   To register for an Account, you must provide us with accurate and current personal information including your name, address and a valid email address. You must not register more than one Account. You should not create an Account if you are under 17 years old.

2.4   To place Orders using an Account you must be at least 18 years old and have the capacity to enter into a legally binding agreement with us. If you are under 18, you may only place an Order with the involvement of a parent or guardian – we do not sell products for purchase by children.

2.5   To the extent permitted by applicable law, you are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the authorities.

2.6   You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact Customer Service immediately and take immediate steps to re-secure your Account (including by changing your password).

2.7   We do not warrant that the Website(s) will be available at all times and without disruption and we provide no warranties in relation to the content of any other Website linked to or from our Website(s).

2.8   You must not link to our Website(s) or any part of our Website(s) in a way that damages or takes advantage of our reputation, including but not limited to:

   (a)   In a way to suggest or imply that you have any kind of association or affiliation with us, or approval and endorsement from us when there is none; or,

   (b)   In a way that is illegal or unfair.

3.1   The Website(s) and the content on our Website(s) are subject to copyright, trademarks and other intellectual property rights. These rights are owned and licensed to PAC Trading Pty Ltd.

3.2   You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website(s) including audio or video excerpts, except as permitted by statute or with our prior written consent.

3.3  Some product information on the Website(s) is based on details provided to us by suppliers or other third parties. While we make every effort to ensure accuracy, we are not liable for any errors or inaccuracies arising from this information, except as required by law (including the Australian Consumer Law).

3.4   Due to photographic and screen limitations associated with the representation of products, some actual Products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website(s).

4.1 You may order the Products from Pac Trading by placing an order online on our Website(s). An Order via our website is placed by adding products to your 'bag', completing the 'checkout' form and submitting your payment. In placing an Order, You agree to be bound by these Terms and agree that if there is any inconsistency between the Terms and Your contract with Pac Trading (if one exists), the contract will govern to the extent of any inconsistency.   

5.1   Once you select a product that you wish to Order on our Website(s), irrespective of any previous price you have seen or heard, you will then be shown or told (on the Website(s)) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Shipping Costs”, Freight Costs”, “Handling Fees”, “Insurance Costs”). Unless otherwise stated all charges are in Australian dollars.

5.2   Online Orders placed through our Website(s) must be paid for at the time of ordering by one of the payment methods we accept on the Website(s). You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.

After ordering, You will be issued with an Invoice from us, which will include the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Shipping Costs”, “Freight Costs”, “Handling Fees”, “Insurance Costs”). Unless otherwise stated all charges are in Australian dollars.

5.3   By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions. Information about security and encryption of credit card data is available in our Privacy Policy.

5.4   If you discover that you have made a mistake with your Order after you have submitted it, please contact Customer Service immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.

5.5   When you place an Order on our Website(s), you will receive an Order confirmation from us by email. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:

   (a)   unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product or size);

   (b)   if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud;

   (c)   if there has been an error in the imagery, price or product description on the website(s); or

   (d)   if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.

5.6   Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order.  If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.  We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.

5.7   Pac Trading may alter any prices of Products without prior notice to You.

5.8   Pac Trading will, in its sole discretion, issue you a credit limit and terms for payment which may differ to the requested terms. You undertake to trade within these terms.

5.9   Pac Trading may charge You interest on any overdue amount, calculated daily from the due date until the date of payment, at an interest rate equal to the sum of the Bank Bill Swap rate plus 2.0%.  

5.10   You must reimburse Pac Trading for any expenses and charges incurred by Pac Trading in attempting to recover from You any overdue amounts, including without limitation, debt collection and legal fees.

6.1  We aim to dispatch all online orders within 3 business days after payment is received. Delivery will be made to the address provided at the time of your Order. While we make every effort to meet these timeframes, we cannot guarantee specific delivery dates or times.

6.2   We will aim to leave the Order at the address advised by you at the time of purchase.  You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us.  Our delivery partners may contact you via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point.  Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point. 

6.3   Home or residential Deliveries – Pac Trading can only deliver to a private residence on the following terms:

   (a)   You explicitly give authority to leave the goods in the safest possible place, which You must specify when ordering, in case no-one is present at the time of delivery. If nothing is specified, then Pac Trading will authorise the Shipping Provider to leave it in the best possible place.

   (b)   Pac Trading is not responsible for the safety of the Products once delivered at a home or residential address and both Pac Trading and You accept the Shipping Providers confirmation as absolute confirmation that the goods have been delivered.

   (c)   If the Shipping Provider deems the area unsafe in their discretion, your Order will be returned to a collection point and you will be liable for a redelivery fee as charged by the Shipping Provider. If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept Delivery or collect the product from the Shipping Provider, then we may (without affecting any other right or remedy available to us) do either or both of the following:

      (i)   charge you for our reasonable storage fees and other costs reasonably incurred by us; or

      (ii)   no longer make the product available for Delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).

6.4   Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service.  If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

6.5   Unless otherwise specified by you, all risk in the Product(s) shall pass to you upon Delivery.  If Delivery is delayed, risk shall pass at the date when delivery would have occurred.  From the time when risk passes to you, we will not be liable for loss or destruction of the product.

6.6  You must take care to open and store the Products carefully once received, so as not to damage them. For example: All clear PLA cold cups, deli bowls, lids and other clear PLA lids are heat sensitive. These products should not be left outdoors or near cooking areas.

7.1   We may terminate a Contract if the product is not available for any reason.  We will notify you if this is the case and return any payment that you have made.  We will refund any money received from you using the same method originally used by you to pay for the product.  If the refund transaction fails, we will advise you of this and make arrangements to process the refund via a different method.

7.2   If you wish to cancel your Order, please contact our Customer Service Team.  Once an Order has been processed, it cannot be cancelled and the item must instead be returned to us in accordance with the returns policy outlined in Change of Mind Returns.

7.3   If You cancel an Order and Pac Trading becomes liable to pay a Supplier’s cancellation or rescheduling fee, then Pac Trading may recover those fees from You.

8.1   We aim to provide you with products of the highest standard and quality.  If you have received a product with a defect, please contact our Customer Service Team as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible.  In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.  You may be asked to provide further information to support your claim to assist us with our assessment of the goods.     

8.2   If the product is confirmed to have a defect, we will replace the product (if replacement is reasonably possible) or refund the price of the product to your original payment method, as appropriate.  If the product is confirmed to have a major defect, you are entitled to elect whether you want us to replace the product or refund the price of the product to your original payment method.  If the product is found not to have a defect, deemed out of warranty, or you otherwise do not have a remedy for a failure to comply with the consumer guarantees under the Australian Consumer Law, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.

8.3   It does not constitute as a defect, if in our reasonable opinion, a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

8.4   Due to the nature of products crafted from minimally processed plant based materials such as in our Palm range, some items may be sold with perceived imperfections due to variance in the colour and form of this product. Any variation of this nature will not be classified as a defect.

9.1   In addition to your rights in relation to faulty products in clause 8, you can return any product(s) as long as:

   (a)  The return is initiated with our Customer Service team within 4 working  days of receipt of the goods; 

   (b)   Products in original, saleable condition, including sealed boxes and sleeves if applicable; and

   (c)  It has not been specifically excluded from the change of mind returns policy, such as ‘Clearance’ items.  The exclusion will be noted on the relevant marketing material.

   (d)  All returns must be authorised by Pac Trading. A Return Authority number must be present for a return to be accepted. Please contact our Customer Service team  before returning any items.

9.2   Upon receiving and inspection of your return, we will contact you about next steps. Once determined the return is in compliance with clause 9.1, we will either:

   (a)   refund the price of the product returned to your original payment method; or

   (b)   exchange the product for items of your choice, subject to availability. Please note that items can only be exchanged with items that are shipped from the same location  i.e. only items shipped from the Sydney Warehouse can be exchanged with other items from the Sydney Warehouse location, and only items shipped from the Perth Warehouse can be exchanged with other items from the same Perth Warehouse location.

9.3  We charge You a 10% Restocking Fee for Change Of Mind Returns.

9.4   We will not refund any Delivery Fees that you have paid at purchase to have the product shipped to you, or the cost of return Delivery Fees or any packaging you provide to send the items back to us in. If the return, in our reasonable opinion, is not in compliance with clause 9.1, we will contact you to ship the product back to you and you will be liable for the shipping costs both to and from us.

9.5   We offer a flexible Change Of Mind Returns policy to improve your shopping experience. We monitor return rate frequency and value for fraud, abuse and general security purposes. In the event of elevated return frequency and values, we are entitled to close or block access to your Account or deny you from making future orders.

9.6   Nothing in this clause is intended to exclude any rights in clause 8 (faulty products) or any of your statutory rights as a consumer under the Australian Consumer Law.

9.7   While we understand that on occasion incorrect items, including items from other companies and/or your personal items, may be returned to us by mistake, we are not responsible for these items and accept no Liability if we’re unable to locate them. If we are able to locate them and you want the items returned to you, we reserve the right to return them to you at your cost.

9.8   Note that any variance in stock quantity and damage when You receive your Order must be checked at the time of delivery. Pac Trading is not liable for any variances in quantity or damaged goods after delivery. 

10.1   We monitor return rates and the frequency of customer claims of lost, missing or damaged items for fraud, abuse and general security purposes. In the event of elevated or excessive volumes of returns or customer claims of lost, missing or damaged items, we reserve the right to withhold issuing a refund, investigate, set return frequency limits and restrict or deactivate your account and any associated accounts if we suspect fraudulent, unusual or suspicious activity with your account.

10.2   Such fraudulent, unusual, excessive returns or suspicious activity in clause 10.1 includes but is not limited to:

   (a)   frequent and substantial amount of return activity, unusual patterns of returns activity, multiple claims relating to orders not being received or multiple claims relating to missing items;

   (b)   recurring non-compliance to our returns/refund policy; or

   (c)   an account that has previously been refused multiple returns due to previous fraudulent activity.

10.3   If your account has been limited, restricted or deactivated and you wish to make a valid return, please refer to the email sent to you or reach out to our Customer Service team via our Contact Us page. You will be responsible for the cost of returning the items. Upon receiving your return, we will conduct the usual inspection and quality checks to process your return.

10.4   Nothing in this clause is intended to exclude any of your rights in clause 8 in regards to faulty product returns or any of your statutory rights as a consumer under the Australian Consumer Law.

10.5   If for any reason your account has been restricted or deactivated incorrectly, please reach out to our Customer Service team via our Contact Us page.

11.1   From time to time we may run promotions on our Website(s) which are subject to both these Terms and any additional promotion-specific terms which are incorporated into these Terms by reference.  Promotion-specific terms may include conditions in respect of selected Products, ranges, purchase periods, purchase methods, minimum spend requirements, bundle discounts, games of chance or games of skill.  These promotion-specific terms will be presented below.

11.2   You should ensure that you read the specific conditions that apply to each promotion.  By proceeding to purchase you agree and accept the terms of the applicable promotion(s). 

12.1   Pac Trading warrants that all Products supplied are fit for purpose.

12.2   Should any Products not meet the requirements for this purpose, then Pac Trading will replace the Products at no cost to the Customer or provide the Customer with a full refund at the Customers preference.

12.3   We do not warrant that the Product(s) will meet your individual requirements. Unless ordering Custom Packaging, You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.  

13.1   Ownership of all products and packaging remains with Pac Trading until full payment of all amounts owed for any supplied products, past or present. If any amount remains unpaid, Pac Trading may enter premises where its products are located, remove them, and take possession at invoice value to satisfy outstanding payments. Pac Trading is not obligated to match specific stock items to unpaid invoices.

14.1   This clause prevails over all other clauses, and, to the extent permitted by law (including the Australian Consumer Law), states our entire Liability, and your sole and exclusive remedies, for:

   (a)   the performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Website(s) (or any part of it or them); or

   (b)   otherwise in relation to these Terms or the entering into or performance of these Terms.

14.2   Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for:

   (a)   fraud;

   (b)   death or personal injury caused by our Breach of Duty;

   (c)   any breach of the obligations implied or guaranteed by law (including the consumer guarantees under the Australian Consumer Law); or

   (d)   any other Liability which cannot be excluded or limited by applicable law.

14.3   In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.

14.4   Subject to clause 15.3:

   (a)   To the extent permitted by law (including the Australian Consumer Law), we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Website(s).

   (b)   We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.

   (c)   You should not rely on any information accessed using the Website(s) to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.

   (d)   It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements.  We do not warrant that the products will meet your individual requirements.  Unless ordering Custom Packaging, You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.

   (e)   All products should be used strictly in accordance with any instructions, noting that in some instances instructions should not be considered a substitute for professional medical advice or treatment. You should always check product ingredients or materials, particularly where allergies or sensitivities are known. In the event of any adverse reaction, please discontinue use and seek medical assistance.

   (f)   We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms.

   (g)   Despite any other provision of these Terms to the contrary and to the extent permitted by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Website(s), the supply of goods or services or these Terms (however arising, including negligence).  You agree to accept sole responsibility for the legality of your actions under the laws that apply to you.  You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

15.1   You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.

16.1   PAC Trading has set out in the Privacy Policy how we collect, use, disclose, store and protect the information that you submit to us during the use of our Website(s) or services. This Privacy Policy applies to every Website visit, every use of our services, and every transaction and agreement that is concluded through our Websites or services. 

17.1   We shall be entitled to immediately terminate this contract if:

   17.1.1   You are in breach of any of the conditions;

   17.1.2   Execution is levied on Your property; and / or

   17.1.3   You make any arrangement or composition with Your creditors or commit any act of bankruptcy or proceedings in bankruptcy are commenced against you or, if you are a company, any resolution or application to wind up is passed or presented against you or a receiver and manager or receiver or administrator is appointed.

17.2   In these terms and conditions of sale “act of bankruptcy” shall be deemed to include entering into a composition and the execution of a Deed of Assignment or Deed of Arrangement.

18.1   In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with the Customer Service team at first instance. 

18.2   If a dispute concerning these Terms cannot be resolved from clause 18.1, it must be referred for mediation   in accordance with the Australian Commercial Disputes Centre Mediation Guidelines or, at the instance of Pac Trading, proceed by way of Court proceedings.

19.1   The parties acknowledge that Pac Trading will supply Products as an independent contractor.

19.2   Subject to clause 19.1 above, these Terms contain the entire agreement between Pac Trading and You in relation to its subject matter and supersede all prior negotiations, agreements, understandings and commitments between Pac Trading and You in relation to that subject matter.

19.3   These Terms shall be governed by and construed in accordance with the laws of New South Wales and the parties hereto submit to the non-exclusive jurisdiction of the Courts of New South Wales in respect of any dispute or matter arising out of or connected with these Terms.

19.4   Pac Trading may subcontract to any person the performance of any of its obligations under these Terms.

   Under Section 18E (8) (c) of the Privacy Act, we are allowed to give a credit reporting agency personal information about your credit application. The information which may be given to an agency is covered by Section 18(E) (1) Privacy Act 1988.

   Notice of disclosure of your credit information to a credit reporting agency (Privacy Act 1988)

20.1   Pac Trading may give information about You to a credit reporting agency to obtain a consumer credit report about You, and/or to allow the credit reporting agency to create or maintain a credit information file containing information about You.

20.2   The information is limited to:

20.3   Identity particulars – name, (including former names);

   20.3.1   Address (maximum of three addresses consisting of a current or last known address and two immediately previous addresses;

   20.3.2   DOB, sex and drivers licence number;

   20.3.3   Application for credit or commercial credit – that fact that You have applied for credit and the amount;

   20.3.4   The fact that Pac Trading is a current credit provider to You;

   20.3.5   Payment which becomes overdue more than 60 days and for which collection action has commenced;

   20.3.6   Advice that payments are no longer overdue;

   20.3.7   Information that, in the opinion of Pac Trading, You have committed a serious credit infringement (i.e. fraudulently or shown an intention not to comply with your credit obligations.);

   20.3.8   Dishonoured cheques – cheques drawn by You for $100 or more which have been dishonoured more than once;

   20.3.9   That credit provided to You by Pac Trading has been paid or otherwise discharged;

20.4   Period to which this understanding applies - This information may be given before, during or after the provision of credit to me/us.

20.5   Giving information to a Credit Reporting Agency (Section 18E (8) Privacy Act 1988) - Pac Trading has informed You that it may give certain personal information about You to a credit reporting agency.

20.6   Access to Commercial Credit Information (Section 18L (4) Privacy Act 1988) - You agree that Pac Trading may obtain information about You from a business which provides information about the commercial credit worthiness of persons for the purpose of assessing Your application for credit.

20.7   Access to Consumer Credit Information (Section 18K (1) (b), Privacy Act 1988) - You agree that Pac Trading may obtain a credit report containing information about You from a credit reporting agency for the purpose of assessing Your application for commercial credit.

20.8   Exchange of Credit Worthiness Information (section 18N, Privacy Act 1988) - You agree that Pac Trading may exchange information with those credit providers named in a consumer credit report issued by a credit reporting agency for the following purposes;

   20.8.1   To assess an application by You for credit;

   20.8.2   To notify other credit providers of a default by You;

   20.8.3   To exchange information with other credit providers as to the status of this agreement where You are in default with other credit providers; and

   20.8.4   To assess Your credit worthiness.

20.9   You understand that the information exchanged include anything about Your credit worthiness, credit standing, credit history or credit capacity that providers are allowed to exchange under the Privacy Act. 

Neither party will be responsible for any delay, suspension or failure arising out of any circumstances outside of its reasonable control, including acts of God, governmental actions, including any government imposed shutdown 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, inability to obtain any necessary materials, equipment, facilities or services, 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.