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By purchasing Goods from www.dotsanddaisies.com ("website"), you agree to be bound by our terms and conditions which are published below. We intend to rely upon the Terms set out below. Please read these Terms and Conditions carefully before placing an order with Us in order to protect your own interests. If You do require any changes to the Terms please ensure that You ask for these to be put into writing by Us prior to making your order.
If You are uncertain as to Your rights under these Terms or You want any explanation about them please write to us or telephone our office at the address and telephone number set out at the bottom of these Terms under "Contact Us" before you place an Order.
Definitions and Interpretation
In these Terms and Conditions ("Terms")
"Goods" means the Goods purchased by You;
"Order" means Your order for Goods;
"Order Confirmation" means Our written (to include email) acceptance of Your Order;
"Price" means the price of the Goods as confirmed in the Order Confirmation
"Website" means the website www.dotsanddaisies.com or any other URL operated by Dots and Daisies that may replace this;
“Dots & Daisies”, "our", "we", or "us" means Dots and Daisies whose address is 20 Dalray Crescent, New Gisborne, Victoria, 3438.
"You" means the purchaser agreeing to purchase Goods from Dots and Daisies (and "your" shall be construed accordingly);
1. The Contract between you and us
Dots and Daisies must receive payment in full for the price of the goods that the purchaser orders on www.dotsanddaisies.com before the purchaser's order can be accepted. Once your payment has been received by Dots and Daisies, we will confirm that your order has been received by sending an e-mail to you at the e-mail address you provide in your order form. Our acceptance of your order takes place on the despatch to you of the products ordered unless we notify you that we do not accept your order, or you have cancelled your order in accordance with clause 3. Our acceptance of your order brings into existence a legally binding contract between the purchaser and us. Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts and as a result the purchaser must be over 18 years old to legally transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify do not use this site.
2. Pricing, Delivery and Discount Codes:
2.1 The prices payable for goods that you order are as set out in our website.
2.1.1 All of our prices are in Australian Dollars. You will be billed in Australian Dollars and if you purchase from outside Australia, currency fluctuations and credit card charges may make a difference to the amount billed on your credit card.
2.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
2.3 Promotional discount codes: We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made though this Website. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts.
3. Delivery of goods to you
3.1 We will deliver the Goods ordered by you to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate. If you request to use a courier service it is also your responsibility to ensure that there is somebody to sign for and take delivery of the goods from the delivery service used.
3.3 You will become the owner of the Goods You have ordered when they have been dispatched to you. Once Goods have been delivered to You they will be held at your own risk and we will not be liable for their loss or destruction.
3.4 We make no promise that materials on our website are appropriate or available for use in locations outside Australia, and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Australia, you do so on your own initiative and are responsible for compliance with local laws.
3.5 If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.
4. Liability
4.1 If the Goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email of the problem within 5 working days of the delivery of the goods in question.
4.2 If you do not receive goods ordered by you, we shall have no liability to you unless you notify us by email address of the problem within 14 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either:
4.2. 1 to make good any shortage or non-delivery; or
4.2.2 to replace any goods that are damaged or defective; or
4.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
4.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 4.2.3 above.
4.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
4.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
4.6 We cannot be held responsible for any delays once the goods have left us and are in possession of the courier or Australia Post.
5. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by e-mail to our contact address at office@dotsanddaisies.com and all notices from us to you will be displayed on our website from time to time.
6. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
7. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy which is set out below.
8. Third Party
8.1 Third Party Rights: Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
8.2 Third Party links: We may include hyperlinks on this Site to other websites or resources operated by parties other than Dots and Daisies, including advertisers. Dots and Daisies has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites 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 on such external websites or resources.
9. Governing Law
Each and every transaction carried out is deemed to be completed within the state of Victoria and therefore shall be governed by and interpreted in accordance with Victorian Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with Victorian Law or the Australian Federal Courts shall have exclusive jurisdiction in relation thereto.
10. Entire Agreement
10.1 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
10.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.
11. Trade Marks
Dots and Daisies is the operator of www.dotsanddaisies.com. All trademarks, product names and company names or logos sited herein are the property of their respective owners. No permission is given by us in respect of the use of any such brand names, photographs, product names or titles or copyrights and such use may constitute an infringement of the owners' rights.
12. Events Beyond our Control
We will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
13. Our rights
We reserve the right to change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Privacy Policy
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully.
We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.
We will give you the chance to refuse any marketing email from us or from another trader in the future.
The type of information we will collect about you includes:
- Your name
- Address
- Phone number
- Email address
- Credit/debit card details
We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law.
If we intend to transfer your information outside Austrlia we will always obtain your consent first.
We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
If you have any questions/comments about privacy, you should get in touch with us.
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