Terms of service

Terms of Service

Effective from 5 May 2026 — pierceoff.com.au

Operated by Elstern Imports Pty Ltd (ABN 88 601 663 290), trading as PierceOff. Registered office: U19, 13 Gibbens Road, West Gosford NSW 2250, Australia.

1. About these terms

These Terms of Service (Terms) govern your access to and use of pierceoff.com.au (the Site) and the purchase of any goods from the Site. They form a binding agreement between you and Elstern Imports Pty Ltd (ABN 88 601 663 290), trading as PierceOff (we, us, our).

By accessing the Site, creating an account, or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Shipping Policy, and our Returns and Refunds Policy. If you do not agree, please do not use the Site.

2. Eligibility and capacity to contract

To place an order on the Site, you must be 18 years of age or older, or be using the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf and accepts responsibility for the order.

You confirm that the information you provide to us — including your name, delivery address, email, and payment details — is true, accurate, and complete, and that you are authorised to use the payment method submitted at checkout.

Nothing on the Site is intended as advice on the suitability, fit, or use of body jewellery for any individual. If you are unsure about gauge, length, material, or appropriateness for a particular piercing, please consult a qualified professional piercer before purchase.

3. Accounts and guest checkout

3.1 Creating an account

You may create an account on the Site to place orders, save addresses, and view order history. You may also place orders as a guest without creating an account. The same Terms apply either way.

3.2 Account security

You are responsible for keeping your account login details secure and for any activity that occurs under your account. Please notify us immediately at enquiries@pierceoff.com.au if you suspect your account has been accessed without your permission.

3.3 Suspension or closure of accounts

We may suspend, restrict, or close an account at any time if we reasonably believe the account has been used in breach of these Terms, used fraudulently, or used in a way that risks harm to us, other customers, or the Site. We will give notice where it is reasonable and lawful to do so. You may close your account at any time by contacting us.

4. Use of the Site

You agree to use the Site only for lawful personal purposes. In particular, you agree not to:

•       Use the Site in a way that breaches any law or infringes any third-party rights

•       Attempt to gain unauthorised access to any part of the Site, our systems, or another user’s account

•       Introduce any virus, malware, or harmful code to the Site

•       Use any automated tool (including scrapers, bots, or crawlers) to extract content or product data from the Site without our written consent

•       Use the Site to resell or redistribute our content, product images, or product descriptions

•       Submit content (including reviews or messages) that is unlawful, defamatory, harassing, misleading, or that infringes the privacy or intellectual property rights of others

5. Intellectual property

All content on the Site — including text, graphics, logos, product images, photography, layout, and the PierceOff name and brand — is owned by us or licensed to us and is protected by Australian and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable licence to access and view the Site for your personal, non-commercial use. Any other use, including copying, reproduction, modification, distribution, or commercial exploitation, requires our prior written consent.

If you submit content to the Site (for example, a product review or a message to us), you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, and display that content in connection with the Site and our business, including for marketing purposes. You confirm you have the right to grant us this licence.

6. Products, pricing, and GST

We make reasonable efforts to display product images, descriptions, gauges, lengths, and materials accurately. However, slight variations in colour, finish, and dimensions may occur due to manufacturing tolerances and the way images render on different screens. Where you receive an item that does not match its description, your rights under our Returns and Refunds Policy and the Australian Consumer Law apply.

All prices on the Site are listed in Australian Dollars (AUD).

•       Australian orders: prices include Australian Goods and Services Tax (GST) where applicable.

•       New Zealand orders: goods exported from Australia to New Zealand are GST-free for Australian GST purposes. New Zealand customs may charge NZ GST, duties, or other fees on import; these are your responsibility and are not included in the price displayed on the Site.

We may change prices, product availability, and product descriptions at any time before you place an order. Once an order is accepted by us under clause 7, the price and product details shown to you at that time apply to that order.

Despite our best efforts, occasional errors in pricing or product information may occur. If a clear pricing or description error is identified before we dispatch your order, we may contact you to confirm the correct price or details, or we may cancel the order and provide a full refund. We will not require you to pay more than the price displayed at the time you placed the order, except where you agree to do so.

7. Orders and contract formation

When you submit an order on the Site, you are making an offer to buy the goods at the price and on the terms shown at checkout, including these Terms, our Shipping Policy, and our Returns and Refunds Policy.

After you submit an order, you will receive an order acknowledgement email. This email confirms that we have received your order — it does not, on its own, mean we have accepted it.

A contract for sale is formed between you and us when we dispatch your order from our warehouse and send you a dispatch confirmation. Until that point, we may decline or cancel an order — for any reason permitted by law — including where:

•       The item is out of stock or unavailable

•       There is a clear pricing or product description error

•       We are unable to verify your payment or identity

•       We reasonably suspect the order is fraudulent or made in breach of these Terms

•       We are unable to ship to your delivery address

If we decline or cancel your order before dispatch, we will refund any payment received in full to your original payment method.

8. Payment

Payment is required in full at checkout. We accept the payment methods displayed on the checkout page, which may include credit and debit cards, PayPal, and other third-party payment services from time to time.

Payment is processed by third-party payment providers. Your card details are not stored on our servers. By submitting payment, you authorise us — or our payment provider on our behalf — to charge the total amount of your order, including any shipping or other charges shown at checkout.

If your payment is declined, your order will not be accepted and will not be dispatched.

9. Shipping and delivery

We currently ship to addresses in Australia and New Zealand only. Shipping rates, dispatch times, transit times, Authority to Leave, address accuracy, and our handling of delayed or lost parcels are set out in full in our Shipping Policy, which forms part of these Terms.

Estimated transit times are provided by Australia Post and are estimates only — they are not guaranteed delivery dates. A delay in delivery does not, on its own, entitle you to cancel the order or obtain a refund of the product price, except where required by the Australian Consumer Law or, for New Zealand customers, the Consumer Guarantees Act 1993 (NZ).

10. Risk and title

Risk in goods passes to you when the goods are delivered to the address you provided at checkout — including, where you have selected Authority to Leave (Safe Drop), when Australia Post records the parcel as delivered to that address. This is set out in more detail in the Shipping Policy.

Title in goods passes to you when we have received payment in full and the goods have been dispatched.

This clause does not limit your rights where goods are lost or damaged before delivery, or where you receive faulty, damaged, or incorrectly described goods — those rights are set out in the Returns and Refunds Policy and protected under the Australian Consumer Law and, for New Zealand customers, the Consumer Guarantees Act 1993 (NZ).

11. Returns and refunds

Returns, refunds, replacements, and store credit are governed by our Returns and Refunds Policy, which forms part of these Terms. The policy sets out:

•       Your rights and our remedies for faulty, damaged, or incorrectly described items under the Australian Consumer Law

•       Our 14-day change-of-mind return option for unopened, unworn items, and the conditions that apply

•       How to make a claim and what we ask you to provide

Nothing in these Terms or the Returns and Refunds Policy limits or excludes any consumer guarantee, right, or remedy that cannot be excluded under the Australian Consumer Law or, for New Zealand customers, the Consumer Guarantees Act 1993 (NZ).

12. Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Under the ACL, you are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms is intended to limit or exclude any consumer guarantee, right, or remedy you may have under the ACL. Where any provision of these Terms is inconsistent with the ACL, the ACL prevails to the extent of the inconsistency.

13. New Zealand Consumer Guarantees Act

If you are a consumer in New Zealand, the Consumer Guarantees Act 1993 (NZ) (CGA) gives you statutory guarantees in relation to the goods you purchase from us — including that they will be of acceptable quality, fit for any particular purpose made known to us, and match their description.

Nothing in these Terms is intended to limit or exclude any right or remedy you may have under the CGA. Where you are acquiring goods for the purposes of a business, you and we agree that the CGA does not apply, to the extent permitted by section 43 of the CGA.

14. Disclaimers and limitation of liability

14.1 Site availability

We make reasonable efforts to keep the Site available and free of errors, but we do not guarantee that the Site will be uninterrupted, secure, or free of viruses or other harmful components. To the extent permitted by law, the Site is provided on an "as is" and "as available" basis.

14.2 Limitation of liability

To the extent permitted by law, our liability to you for any loss or damage arising out of or in connection with these Terms, the Site, or any goods supplied by us is limited, at our option, to one of the following:

•       The replacement of the goods or the supply of equivalent goods

•       The repair of the goods

•       The payment of the cost of replacing the goods or of acquiring equivalent goods

•       The payment of the cost of having the goods repaired

To the extent permitted by law, we are not liable for any indirect, consequential, special, or incidental loss or damage, including loss of profit, loss of business, or loss of data, arising out of or in connection with these Terms or the Site.

14.3 ACL and CGA carve-out

Important: Nothing in this clause 14 limits or excludes any liability that cannot be limited or excluded under the Australian Consumer Law, the Consumer Guarantees Act 1993 (NZ), or any other applicable law. Where you have rights under those laws that override the limitations in this clause, those rights apply in full.

15. Indemnity

To the extent permitted by law, you agree to indemnify us against any reasonable loss, damage, cost, or expense (including reasonable legal costs) we incur arising out of your breach of these Terms, your fraudulent or unlawful use of the Site, or your infringement of any third party’s rights through your use of the Site. This clause does not apply to loss or damage caused by our negligence, wilful misconduct, or breach of these Terms.

16. Privacy

We collect, use, and disclose your personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). For New Zealand customers, we comply with the Privacy Act 2020 (NZ) where it applies. Please read the Privacy Policy on the Site for full details.

17. Third-party services and links

The Site may include links to third-party websites and may rely on third-party services for payment processing, shipping, analytics, and email delivery (including, without limitation, Australia Post and our payment providers). We are not responsible for the content, products, or services of third parties, and your use of those services is governed by their own terms and privacy policies. Once a parcel is in the hands of Australia Post or another carrier, delivery is subject to that carrier’s terms and timeframes, as further described in the Shipping Policy.

18. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to our business, the Site, or applicable law. The current version is always available on the Site, and the "Effective from" date at the top will be updated when changes are made.

Where we make a material change, we will give reasonable notice on the Site or by email before the change takes effect. The Terms in force at the time you place an order will continue to apply to that order.

19. Severability

If any part of these Terms is found to be invalid, illegal, or unenforceable, that part will be severed to the minimum extent necessary, and the remaining Terms will continue in full force and effect.

20. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms — for example, in connection with a sale or restructure of our business — provided this does not reduce your rights under these Terms or under any applicable consumer law.

21. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts that hear appeals from them. If you are a consumer in New Zealand, nothing in this clause prevents you from bringing a claim in a New Zealand court or tribunal where you are entitled to do so under New Zealand law.

22. How to raise a concern or dispute

If you have any concern about your order, the Site, or these Terms, please contact us first at enquiries@pierceoff.com.au with your order number and details of the issue. We aim to respond within 2 business days and to resolve most issues quickly and informally.

If we are unable to resolve the matter directly, you may also contact:

•       Australia: the Australian Competition and Consumer Commission (accc.gov.au, 1300 302 502) or NSW Fair Trading (fairtrading.nsw.gov.au, 13 32 20).

•       New Zealand: the Commerce Commission (comcom.govt.nz) or the Disputes Tribunal (disputestribunal.govt.nz).

23. Contact us

Elstern Imports Pty Ltd, trading as PierceOff

ABN 88 601 663 290

U19, 13 Gibbens Road, West Gosford NSW 2250, Australia

Email: enquiries@pierceoff.com.au

Phone: +61 2 4339 0431