‘Buyer’, ‘you’ or ‘your’: The person or entity purchasing products from PAST11

‘Seller’, ‘we’, ‘us’ or ‘our’: PAST11 or its representatives.

‘Product’ or ‘Products’: The equipment manufactured and sold by PAST11.

3.1 How to Order

• Orders can be placed on our website through the ‘Buy Now’ button below.

• Orders will be processed as soon as practicable by PAST11, in the order we receive them.

• All payments are in Australian Dollars (AUD). The buyer is responsible for foreign exchange rate fluctuations or charges to your bank account or card resulting from foreign transactions fees or rates.

3.2 Unavailable Products

• We will endeavour to bring to your attention any potential delays or stock shortages on our website. At times, this will mean that some Products will be ‘out of stock’ and orders cannot be taken.

• If a Product is listed for sale but unavailable at the time of order (due, for example, to prior orders leading to insufficient stock, or supply chain issues), we will contact you by email to advise you of the expected lead time for manufacture, test and dispatch. Typical lead time to manufacture and test is 3 to 7 business days.

• If we are unable to fulfil an order within 10 business days, we will contact you by email and arrange for a refund or hold open your order until a Product can be shipped, if agreed by you and us.

Please ensure the correct Shipping is selected at checkout.

• Within Australia - shipped via Express Post with Tracking and Signature on Delivery.

• New Zealand - Express Post with Tracking, Signature on Delivery and Extra Cover.

• USA and UK (England, Scotland, Wales) - AusPost Standard Parcel service with Tracking, Signature on Delivery and Extra Cover.

• Other International - please get in touch via the Contacts page.

Prices are kept as close to rates prescribed by AusPost as possible. The published rate at auspost.com.au may be higher or lower than offered by us, however we charge no other packaging and handling fees to keep things simple.

Any additional customs duties, tariffs, import / export fees or charges are the responsibility of the Buyer.

Once goods are dispatched and the tracking number has been provided to you, we will not be responsible for delays or failures beyond our control, including customs delays or unforeseen circumstances. Please ensure the Shipping Address is correct and suitable for Signature on Delivery.

• Goods shipped outside Australia are dispatched with ‘Extra Cover’ through AusPost to cover loss or damage. If the Product fails to arrive in a reasonable time, or arrives damaged, please contact us so we can take action to assist you and commence a compensation claim against the AusPost Extra Cover provisions.

Payments through the website are handled by Stripe through their secure payments gateway. For more information on the payment process, visit stripe.com.

For Australian customers, payment can alternatively be made by direct bank transfer rather than ordering through the online payments gateway. Please contact us if this is preferred.

6.1 General

Each PAST11 pedal is handcrafted with care, however sometimes things do not go as smoothly as desired.

Our Products come with a 12 month warranty from date of dispatch.

A Product that is defective in some way, and fails to operate as intended, may be repaired or replaced by us, or a refund may be offered by us, to you.

Any refund will be limited to the original sale price of the product and will not include other charges applied such as shipping costs, customs duties or tariffs, foreign exchange fees, and transaction fees.

6.2 Warranty Exclusions

The following are examples of where this warranty does not apply:

• normal wear and tear

• damage caused by misuse or use of the Product in an unreasonable or unintended manner

• impact by liquid

• incorrect application of power

• excessive force applied such as the Product dropped from height

• unauthorized modifications to the Product

• you simply change your mind.

6.3 Warranty Process

Please contact us if you experience any issues with your Product. We will assess if a repair, replacement or refund is appropriate. We reserve the right to request further information from you to better understand the fault or defect, such as how the Product was being operated at the time of failure. We may request photographs or other information to support your request for return, whether for repair, replacement, or refund.

All content on our website, including designs, logos, images, and body content, is the property of PAST11 and protected by intellectual property laws; excepting any references or links to other companies’ products, websites, and relevant technical data and information, which remains the intellectual property of the other companies as applicable.

PAST11 is a registered trademark under the Australian Trade Marks Act 1995 and cannot be used without permission.

8.1 General

We may collect and use relevant information, including personal information, as gathered through various methods, as necessary to conduct our business and enable the sale of product(s) to you.

We will not disclose or forward any personal information to any other company or service provider, except as necessary to provide services to you (see ‘8.3 Squarespace and Stripe Website Services’ below).

We maintain a customer database for the purposes of facilitating warranty services, and monitoring performance of our products. This database may include personal information including (but not limited to) your name, email address, billing and shipping addresses, phone number, products ordered, and any correspondence between you and us, such as by contact form or email.

We may retain this information for up to seven years from the date of last order or correspondence.

However, you have the right to request that your personal information is not retained, although this may affect our ability to process warranty claims. If you request for your personal information to be removed from our database, we will use all reasonable efforts to complete this within 5 business days.

8.2 Customer Feedback

We may, at times, reach out to you (via email or social media) to seek feedback on the performance of our Products, or to get your opinions and ideas on how we can improve our Products and services. Please contact us if you do not wish to participate.

8.3 Squarespace and Stripe Website Services

The PAST11 website is hosted by Squarespace, and online payments are provided through the Stripe payments gateway. To ensure these operate effectively, these services may use cookies and retain data and information including personal information. Please refer to:

• the Squarespace Cookie Policy and Privacy Policy.

• the Stripe Cookie Policy and Privacy Policy.

To the fullest extent permitted by law, PAST11 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, incurred by the Buyer or any third party, whether in an action in contract, tort (including negligence), or otherwise, arising out of or in connection with any purchase from PAST11 or the use or performance of any Products purchased from PAST11.

Our liability, whether in contract, tort (including negligence), or otherwise, is limited to the purchase price paid by the Buyer for the specific Product giving rise to the claim. In no event shall our aggregate liability exceed the total amount paid by the Buyer for the Products.

PAST11 is not liable for any claims, damages, or losses arising from:

• Any misuse or unauthorized use of the Product.

• Any failure to follow instructions or guidelines provided with the Product.

• Any modifications or repairs made to the Product by the Buyer or any third party without our written consent.

• Any external factors beyond our control, including but not limited to accidents, natural disasters, or acts of God.

This limitation of liability section does not exclude or limit any liability that cannot be excluded or limited under applicable law, including but not limited to liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

By using our website and purchasing our Products, you agree to these limitations of liability.

These Terms and Conditions are governed by the laws of Western Australia.

We may update these Terms and Conditions from time to time. Changes will be posted on our website.