OVERVIEW
This website is operated by Primal Desires. Throughout the site, the terms “we”, “us” and “our” refer to Primal Desires. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Where any updates to the terms and conditions or other policy changes on this website, either directly or indirectly affects how we use and store any of your personal data we may hold, we will endeavour to contact you by the fastest and most convenient means possible from the contact information you have provided us.
Primal Desires is hosted by Freedom Internet + Network Solutions, which is another business operated under the same ABN and ownership, and provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have not given your consent to allow any of your minor dependents to use this site. Where the age of majority is lower than 18 in your state or province of residence, we will default to the age of majority as stipulated in Australia, which is 18.
All prices shown are in Australian Dollars and will be charged as such to any debit or credit card provided or by other means such as buy now pay later services and bank transfer except where it is necessary for a payment option to be made in a different currency (for example, international bank transfers). If a different currency is required for the payment option selected, we will automatically convert the dollar values into the appropriate currency based on the going exchange rate of Australian Dollars to that currency for that day. Please refer to our Payments Information page for more details.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any malware, worms or viruses or any code of a destructive or disruptive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
While there is no current law in Australia that prohibits a minor from purchasing adult products on the nature sold on this website, the intent of use for some of the products sold on this website, we strongly discourage the purchase and use of such products to any person under the age of 18, vulnerable persons who may not fully comprehend the use or intention of use of these products and any person who does not fully and enthusiastically consents to the use of these products on their persons. As such, if we discover or suspect that you are under 18, either for a current in progress purchase or for a previous purchase, we will ask for ID to prove you are not under 18 and / or take necessary steps to block your access to this website. In addition to the purchaser being at least 18 years of age, you must not purchase any of our products for use by and or on any person who is under 18 years of age regardless of the age of consent in your location, by any person who could be deemed vulnerable and at risk and any person who is unable to fully and enthusiastically consent. Any purchases affected by this and currently in progress and not yet shipped will be cancelled and refunded accordingly.
You understand that your content (not including credit/debit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit/Debit card information is always encrypted during transfer over networks. This statement does not remove or limit your rights and privacy as stated in our Privacy Policy.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You accept that Primal Desires reserves the right to cancel or refuse any sale at any time prior to delivery of the product or service for any reason and that a refund will be provided in a reasonable and due course.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Refer to our 18+ Only / Enthusiastic Consent Policy for more information.
Refer to our Privacy Policy for more information.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current due to a limitation, accuracy, completeness or timeliness of the information made available to us. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We may on request be able to provide you with additional resource links that will assist you in making a decision however we do not endorse, guarantee or be held liable and responsible for the accuracy, completeness, timeliness of this information or of any opinions or other content that may be referenced in these resources.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our website or other documentation we may hold or provide. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
All prices shown are in Australian dollars and provided inclusive of GST however we do not currently claim GST. Primal Desires will update this statement at the time this should change.
Any amounts shown in another currency is subject to change due to the prevailing exchange rates and is only provided for the purposes of allowing certain payment transactions to occur.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities. All products provided through this website or in person at any markets, events or other meeting place we arrange with you are subject to return or exchange only according to our Refunds and Returns Policy due to the personal nature of these products. Any products returned must either be classified and proven as faulty, defective or proven to not meet manufacturer intended performance levels. Unused products must still be in their original, undamaged, sealed packaging to be accepted for return or exchange in accordance with our Refunds and Returns Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We cannot guarantee that your interpretation of a colour description is the same as ours or that of the manufacturers.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Primal Desires management. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where the product or service is prohibited to be sold or supplied.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
For more detail, please review our Refund and Returns Policy.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the social media, e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You agree that we may make superficial changes to any data you provide us to ensure that it is accurate, complete and fits the purpose for which you have provided it to us.
SECTION 7 – OPTIONAL TOOLS and RESOURCES
We may provide you with access to third-party tools and resources over which we neither monitor nor have any control nor input. Any opinions or additional information provided on these third-party tools and resources is not our own and not endorsed by Primal Desires.
You acknowledge and agree that we provide access to such tools and resources “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools and resources including any loss or theft of data, finances or intellectual property that you may provide to those third-parties.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated or endorsed by us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Should you find any information, products or services on a third-party resource including a third-party’s website which would be deemed illegal in Australia, please advise us through any of the official channels of communication we provide on our Contact page and we will remove the resource pending any additional investigations or changes that we need to make to protect our customers, visitors and us.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments where these comments have been made available to our website visitors. This statement is not intended to remove any rights or privacy you may be entitled to. Where such information is intended for our eyes only and is not consistent with the general operation and provision of products and services of this website, we may require a Non-disclosure Agreement (NDA) for your and our mutual privacy.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. We will provide notices where such content may in our opinion be considered necessary to advise you of your right to consent to viewing such material.
You agree that your comments will not violate any right or consent of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website as outlined in our Anti-Spam and Anti-Abuse Policy. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. We may in our discretion without obligation, remove or refuse to publish any comments we consider to be offensive, abusive, libellous, threatening or obscene or for any other reason we feel is necessary for the removing or refusal to publish the comment.
Refer to our Anti-Spam and Anti-Abuse Policy for more information.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information or data through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) breach the consent if and where it is provided or not provided of any persons, Primal Desires, our management, staff, affiliated businesses, owners, suppliers, manufacturers or other individuals whether they are using this site, our products or services or otherwise engaged in interaction with Primal Desires or other individuals through this site; or
(l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Primal Desires, our owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
This statement in no way is intended to limit or remove any rights you may have in relation to warranties provided and or any rights you may have under Australian law and our liability shall be limited to the maximum extent permitted by Australian law including in circumstances where special arrangements have been put in place due to local, state, national or global incidents and or actions that may occur. This includes any restrictions that may occur as a result of a disaster or disruption caused by pandemics, epidemics, weather, geography, war, acts of terrorism or other disaster or disruption.
SECTION 14 – ANTI-SPAM and ANTI-ABUSE POLICY
Primal Desires operates on a strict Anti-Spam and Anti-Abuse policy designed for the protection of our users, visitors, customers, staff, management, suppliers, contractors, affiliates, promoters and other related entities or individuals. It is a breach of our consent and the consent of others who utilise our Services and these Terms and Conditions to use any part of this site for the purposes of spam whether directly or indirectly related or otherwise unrelated to the products and services provided by Primal Desires. Suggestions/recommendations or otherwise in relation to religion, politics or other forms of rallying not directly supported by Primal Desires; stalking, trolling, abusing or threatening of abuse of any kind; counterfeit, scam or misleading messages or any links using shortened or redirected URLs with intent to deceive, phishing or any links requesting login or payment details not directly associated to Primal Desires’ provision of services in order to access content which we would not already have access to, is strictly prohibited from use on this site unless otherwise approved in writing from Primal Desires management.
If you are a victim of any spam or abuse as outlined in this policy whilst using this site or the provision of services by this site, whether you have been harmed either mentally or physically or suffered a loss, humiliation or otherwise had anything non-consensual occur to you through this site either while in using the site or as a result of another person’s use of this site (for example, someone who used your personal information for an order or other purpose or someone has sent you a product that you did not request, expect or otherwise indicate you wanted from that person with the sole intention of causing you harm, humiliation, stress or loss without your enthusiastic consent), we consider this to be a breach of this Anti-Spam and Anti-Abuse Policy, the terms and conditions of Primal Desires and your consent. We will take all reasonable steps where necessary to investigate and appropriately report if required, in consultation with yourself or where a law has been broken, to the appropriate authorities.
This policy has no intention of removing any rights you may have in relation to managing and reporting such breaches directly to the appropriate authorities as set out by any laws in Queensland and the Commonwealth of Australia. You acknowledge that we may investigate, contact, manage and report such breaches without any prompting and will not be held liable or responsible for any actions we may take within the bounds of the law, including termination of orders in progress, refunds, termination of use of this site, objection of any negative reviews that may be posted about us in relation to these actions and where required reporting to the appropriate authorities.
SECTION 15 – 18+ ONLY / ENTHUSIASTIC CONSENT POLICY
Primal Desires has a strict policy in relation to not interacting with minors (as determined by the age of majority in your province, state or country or where this is less that 18 years, we apply the default of a minimum of 18 years as set down in Australia) and individuals who are unable to consent enthusiastically of their own free will. We will cease all communication and report the matter to the appropriate authorities should it become known to us that the information being provided is deliberately requested by or forwarded onto a person(s) considered to be a minor, under 18 years of age or is not consenting of their own free will. This policy forms part of the Terms and Conditions and Privacy Policy.
To be able to enthusiastically consent, you must be familiar with the standards in your community regarding the acceptance of sexually oriented material. The material that you expect to encounter on this site is within those standards and you do not expect to be offended. You agree that you do not find sexually explicit material (involving consenting adults over the age of 18) to be offensive or objectionable.
All models, actors and content providers depicted in images promoting this website, its products and services are over the age of 18 years at the time of creation of the content. Extra care has been taken to verify age and obtain the necessary consent for any content they may appear in. All models, actors and content providers who provide Primal Desires with and or participate in the creation of content may request for that content to be withdrawn and we will do so as soon as physically possible. Primal Desires may request that some images featuring in listed or advertised products remain shown for a mutually agreed time on the provision that they do not identify the model, actor or content provider in any way including but not limited to birth marks, scars, tattoos or jewellery.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Primal Desires and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions. The determination of whether any provisions in these Terms and Conditions is such that it should be considered severed should only be made in the jurisdiction and courts of Queensland and the Commonwealth of Australia in accordance with Australian law.
SECTION 18 – TERMINATION
The rights, obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The use of headings is for convenience and will not affect the interpretation of this document or any other document or policy that may be published on this website or on any other media used by Primal Desires whether intended for public viewing or not.
SECTION 20 – GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia. You agree that any cases arising from the use of the website or breach of this agreement shall be heard in Queensland Australia.
SECTION 21 – CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 22 – CONTACT INFORMATION
Any queries or complaints about how we collect, manage and store your personal data or if you wish to exercise your rights in relation to your personal data, please contact us directly:
E-mail: cs@primaldesires.com.au
or
Phone: (07) 3568 8900 (Australia) or +61-73568-8900 (International)
or
Post:
Primal Desires
P.O. Box 107,
Sunnybank, QLD, 4109
Australia