terms of use
TERMS AND CONDITION FOR OUR UPHOLSTERY SERVICES are available under the following link. By agreeing with working with us, you agree to the T& C’s.
https://drive.google.com/file/d/1Z3gfQ1Rf3wVL7BVh-ng7KoO8hayLHtWK/view?pli=1
Welcome to our website. This website with URL address www.dumpedandditched.com is owned and operated by dumped & ditched (ABN 29 138 193 931), registered at 73/6 Bellambi Lane,bellambi NSW 2518. Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern dumped & ditched’s relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.
The term ‘dumped & ditched’ or ‘us’ or ‘our’ or ‘we’ refers to dumped & ditched, the owner of the website, whose registered office is ABN 29 138 193 931, New South Wales. The term ‘you’ or ‘your’ refers to the website user.
Your use of this website is subject to the following terms and conditions:
Product description
We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct the error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Product orders
Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
All prices are in Australian Dollars (AUD). Prices can be accessed on the product pages and we reserve the right to amend our prices at any time.
For national and international orders, shipping will be calculated based on the destination selected at time of purchase. International orders may be subject to import duties and taxes, which are levied once a shipment reaches its destination. Any additional charges including customs clearance are your responsibility.
When you order from us, we require you to provide your name, address for delivery, email address, telephone contact and credit card details. We undertake to take due care with this information. However, in providing us with such information you accept that we are not liable for its misuse due to error in transmission, virus or malware.
We undertake to ship your ordered product(s) within 48 hours of your order being received on a normal business day. Title in the goods passes to you when you have signed for the delivery.
Once your order has been shipped we will provide you a link our third party logistics provider to track your delivery.
All risk of loss or damage to the goods passes to you when we dispatch the goods.
Payments
We process all online payments through PayPal or Stripe. This is transmitted via a GeoTrust Secure Sockets Layer version 3.0 (SSL) certificate which encrypts your credit card data for processing by our third party payment gateway.
All credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment to dumped & ditched we will not be liable for any delay or non-delivery.
If we are unable to process your credit card, please check to ensure you entered the details correctly and that the billing name and address match your credit card statement. Please refer to your credit card provider if the problem persists.
Order cancellation due to error
Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to an error or oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will refund your credit card for the total amount debited as soon as practical.
Product returns
We undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us via our ‘contact us’ page.
Dumped & ditched is happy to exchange products. We undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within 14 days of purchase. An exchange or refund is only granted in the absence of signs of usage on the piece of furniture.
If we are unable to replace or exchange the returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase.
If undamaged goods are returned to us for exchange, we do not refund any shipping charges. Return of undamaged goods for exchange is entirely at your cost and risk.
Site access
When you visit our website, we give you a temporary and limited licence to access and use our information for personal use.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior express written permission of an Authorised Officer of dumped & ditched.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
Hyperlinks
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may only link to our website with our express written consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's content including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual property rights
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
Disclaimers
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
Statutory guarantees and warranties to consumers
Schedule 2 of the Competition and Consumer Act 2010 (‘C&C Act’) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:
schedule 2 of the C&C Act; and
those statutory guarantees, all of which are given by us to you if you are a consumer.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:
we will repair or replace the goods or any part of them that is defective; or
wholly or partly recompense you if they are defective.
Indemnity
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses (including consequential loss) including legal fees arising from or in connection with your use of our website.
In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
Force Majeure
If a Force Majeure event causing delay, we may terminate this agreement by giving at least 7 days notice to you. ‘Force Majeure’ means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate privacy policy.
