These terms and conditions (“Terms”) apply to Your use of www.donnahay.com.au (“Site”), including any orders for Products made by You through the Site (“Order”). By using the Site and placing Orders, You agree to be bound by and will comply with these Terms.
If You do not accept these Terms, You must refrain from using the Site or placing an Order.
You should review these Terms periodically for changes. Any use of this Site by You after an updated version of the Terms has been made available indicates Your acceptance of the Terms as updated.
You acknowledge that Your rights in relation to use of the Site will be enforceable against Donna Hay Pty Limited ACN 059 520 151 and Your rights in relation to an Order will be enforceable against Donna Hay General Store Pty Ltd ACN 135 066 554 as trustee for the Donna Hay General Store Trust ABN 62 892 484 639 (“Donna Hay General Store”).
In these Terms:
"Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
"Content" means all content and material available on the Site, including DH Intellectual Property.
"Donna Hay Group" means the following entities, both collectively and individually:
(a) Donna Hay Pty Limited ACN 059 520 151;
(b) Donna Hay General Store Pty Ltd ACN 135 066 554 as trustee for the Donna Hay General Store Trust ABN 62 892 484 639;
(c) Haywire Enterprises Pty Ltd ACN 086 244 528 as trustee for the Donna Hay Family Trust ABN 18 123 122 384; and
(d) Donna Hay Productions Pty Ltd ACN 126 041 183.
"DH Intellectual Property" means all Intellectual Property Rights owned by Donna Hay Group.
"Intellectual Property Rights" means all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
"Products" means products advertised for sale on the Site.
"You" and "Your" mean the person or entity using the Site for any purpose.
In these Terms, unless the context requires otherwise, the singular includes the plural and the plural includes the singular.
DISCLAIMER OF LIABILITY
Use of this Site and its Content by You is at Your own risk.
Donna Hay Group will use its best efforts to ensure that Content provided on the Site is up to date. However, Donna Hay Group does not warrant or represent that the Content and material displayed on the Site is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
You acknowledge that all Products listed on the Site are described by Donna Hay Group to the best of its ability. All care is taken to ensure that Product information is correct, but Donna Hay Group cannot eliminate the possibility of error.
To the extent permitted by law, Donna Hay Group accepts no responsibility for the Content (including advertising material) posted to the Site by third parties, including (without limitation), any error, omission or inaccuracy.
Donna Hay Group reserves the right to vary, modify, change or discontinue any feature or part of this Site and the hours of availability, without notice and without liability.
You acknowledge that this Site and all Content which exists in connection with this Site:
(a) belongs exclusively to Donna Hay Group or its licensors, unless otherwise expressly stated; and
(b) is protected by copyright, trade mark or other intellectual property rights and laws.
Commercial use of this Site and any of its Content is completely prohibited. You can download, print and retain a copy of Content from the Site solely for Your personal, non-commercial use, provided that the copy is unaltered and retains all proprietary notices originally displayed on the Site.
You must not otherwise use, reproduce, modify, distribute, publish, store, transmit, commercially exploit, modify or create any derivative works from any Content in whole or in part or permit or assist any other person to do so.
ACCESSING EXTERNAL WEBSITES
The Site contains links to other websites operated by third parties which are not under the control of Donna Hay Group. Donna Hay Group provides these links for information only and accepts no responsibility for any of those included websites or the content and material contained on the linked websites.
When using the Site You must not post or transmit any information or material that is discriminatory, defamatory, obscene or is otherwise unlawful or infringes or violates the rights of Donna Hay Group or third parties.
Access to Your membership account on the Site is via Your username and password. You are responsible for keeping Your password safe and not disclosing it to anyone else.
Any registration details You use must be personal to You and must not be used by anyone else. You are responsible for any use of Your username or password and keeping the details up to date.
You must not maliciously create additional membership accounts on the Site.
If, for any reason, Donna Hay Group believes that You have not complied with these Terms, or that You are misusing Your membership account in any way, Donna Hay Group may, at its discretion, cancel, suspend or otherwise restrict Your access to Your membership account immediately and without giving any advance notice.
These Terms, and an Order which is placed pursuant to these Terms, will form the entire agreement between You and Donna Hay General Store in relation to its subject matter. In the event of any inconsistency between the Terms and an Order, these Terms will prevail.
Once Your Order is placed, Donna Hay General Store will accept the Order as final and changes or cancellations cannot be made to the Order.
Should a Product not be available at the time of placing Your Order, Donna Hay General Store reserves the right to contact You and advise You of Your options.
If any Product Ordered by You is not in stock at the time of delivery to You, Donna Hay General Store may in its absolute discretion:
(a) deliver the remaining Products of the Order;
(b) forward the missing Product when it comes into stock;
(c) supply an agreed substitute for the Product; or
(d) refund You the price of the missing Product.
Donna Hay General Store may at its absolute discretion, replace any Product with a similar alternative.
The prices quoted on the Site are current, however they may vary from time to time as determined by Donna Hay General Store.
POSTAGE + DELIVERY
Donna Hay General Store will arrange to forward Your Products using either Australia Post and/or a courier service (depending on the destination). You may be required to sign for the package as proof of delivery.
Donna Hay General Store is able to deliver to most areas in Australia and does not allow pick-ups.
Due to the perishable and fragile nature of food Products or food related Products, Donna Hay General Store will use a courier service or Australia Post for delivery to You at Your nominated address. Courier or postage fees will be charged to You after Your Order is finalised and will be payable at checkout.
Donna Hay General Store does not deliver food items outside Australia unless specifically arranged with Donna Hay General Store.
You must allow 3 weeks shipping time within Australia and 6 weeks internationally from the date of payment, although in most cases delivery is much quicker than this. If You have not received Your Products after this period, please email Donna Hay General Store at firstname.lastname@example.org.
All Orders must be pre-paid.
All prices include GST (goods and services tax) and are quoted in Australian dollars.
The total amount of Your Order is to be paid at the time of ordering. Donna Hay General Store does not accept deposits or part payments for the purchase of any Products.
Donna Hay General Store accepts all Orders by payment with Visa, MasterCard and American Express. Credit card payments will be processed on the day Your Order is placed. Products will be forwarded to You once full payment has been cleared. If the card payment is declined by Your issuer for any reason, Donna Hay General Store cannot hold Your Order.
PAYMENT SECURITY + CREDIT CARD FRAUD
The primary goal of Donna Hay General Store is to ensure that You are assured that transacting with Donna Hay General Store is a secure, safe and easy procedure.
Donna Hay General Store employs Equifax Secure Inc for third party credit card processing company that uses Secure Sockets Layer ("SSL") technology. They ensure the highest form of encryption possible and this protects Your details as they travel over the internet.
Their secure server software ("SSL") is the industry standard and among the best software available today for secure e-commerce transactions. It encrypts all of Your personal information, including credit card number, name and address, so that it cannot be read as the information travels over the Internet.
You should check that Your browser is compatible with SSL encryption. This is often indicated by a 'closed lock' icon at the bottom of Your screen.
Donna Hay General Store will not enter into any transaction on suspicion of use of fraudulent or unauthorised credit card. This includes suspension and cancellation of the transaction and/or prevention of delivery of Products which are the subject of a suspected illegal transaction.
Donna Hay General Store will take reasonable action to notify relevant authorities and provide all information pertaining to the transaction to facilitate prosecution of the offender.
CONSUMER GUARANTEES, REFUNDS AND CLAIMS
Consumers have certain rights under the Australian Consumer Law and other similar state and territory legislation, including consumer guarantees, which cannot be excluded at law. Nothing in these Terms operates to exclude those statutory rights.
To the extent permitted by law, the liability of Donna Hay General Store in respect to such rights is limited, at the option of Donna Hay General Store, to the replacement or resupply of a Product, or payment of the cost of such replacement or resupply.
Donna Hay General Store does not offer any refund or return where you simply change your mind in respect of any purchase of Products.
Donna Hay General Store provides an undertaking to You that Products leave Donna Hay General Store premises and/or the premises of Donna Hay General Store's preferred suppliers in 100% perfect condition. Should those Products not be received by You in 100% perfect condition, then it will be considered the responsibility of the Carrier and should be pursued directly with them.
If the Products are delivered and you notice any shortfall in Products, you must report the shortfall to Donna Hay General Store in writing or by email within 48 hours after receipt of the Products. We will seek to investigate the circumstances surrounding any alleged shortfall in Products.
Merchandise will not be accepted as returned if it is not in its original packaging and intact.
Delivery and shipping costs are non-refundable.
Refunds will be issued by credit to the nominated credit card.
Refunds will only be issued to the extent required by the Australian Consumer Law and the respective state Sale of Goods Act legislation.
Refunds and returns or replacements do not include postage and/or handling charges and all such charges are at Your expense. Where a refund is authorised, there may be a delay of up to and possibly exceeding, 28 days from the authorisation date.
Replacement Products supplied by the Donna Hay General Store for faulty Products which are returned to the Donna Hay General Store will only be shipped after the faulty Product has been received by Donna Hay General Store.
To the extent permitted by applicable law, Donna Hay General Store is not responsible for, nor gives any warranty in respect of any materials, food stuffs, drinks or other supplies which give rise to:
- any adverse affect on any person due to allergy or intolerant reaction arising from that person's consumption of any food or drink supplied by Donna Hay General Store;
- any damage suffered by any person using any Products supplied by Donna Hay General Store;
- any damage suffered by any person in the conduct of any activity relating to Products supplied by Donna Hay General Store; and
- any loss or damage to any material and Products including food and drink agreed to be supplied by Donna Hay General Store, which damage occurs in transit, during delivery or in any other manner after the material has left the premises of Donna Hay General Store.
Warranties (where applicable) vary between Products. Please refer to product description for warranty duration.
Donna Hay General Store is not liable under this warranty where a defect is caused by fair wear and tear, by careless or improper handling, non-adherence to operating instructions, improper installation or by other abuse or misuse caused by You or a third party.
Donna Hay General Store reserves the right to charge You for the cost of examining the Products if it is subsequently revealed that the Products are not defective.
For all assistance with warranty and returns please email Donna Hay General Store at email@example.com.
Donna Hay General Store does not take responsibility for direct or indirect damages and consequential losses associated with damage to Products occurring during delivery.
Donna Hay General Store does not take responsibility for direct or indirect damages and consequential losses suffered by use of fraudulent or unauthorised credit cards.
By accepting these Terms You acknowledge that You have sufficient notice of this disclaimer and have accepted this disclaimer out of Your own free will.
You hereby indemnify Donna Hay General Store against all claims, actions, suits, demands or costs made on or against Donna Hay General Store by any person arising from the supply or use of any Products and materials including food supplied by Donna Hay General Store.
If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid.
Nothing in these Terms shall confer on any third party any benefit or the right to enforce any provisions of these Terms.
By accessing and using this Site, You agree to submit to the exclusive jurisdiction of the Courts of the State of New South Wales, Australia. If You access this Site from other jurisdictions, You are also responsible for compliance with local laws.