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Terms of Service

Terms of service

 

1. General

1.1
This Dusk Moth online store at duskmothoriginal.com (the “Site”) is a shopping website where you can browse, select and order products from Dusk Moth Designs (ABN 34 000 908 716) (“Dusk Moth Designs”, “us” or “we”).
1.2
Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions.

2. Compliance

2.1
You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the Site. You agree to comply with the terms of use. You can view Terms of Use here.
2.2
You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.

3. Placing an order for products

3.1
You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
3.2
Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
3.3
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
3.4
You agree to provide us with current, complete and accurate details when asked to do so by the Site.

4. Acceptance or rejection of an order

4.1
In certain circumstances, we may need to reject your order. This may happen where the requested Product is not available or if there is an error in the price or the product description posted on the Site.
4.2
Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
supply the Products in that order to you in accordance with these terms and conditions; and
provide you with an email confirmation of that order.
4.3
If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

5. Back orders

5.1
If we determine that we do not have a particular Product in your order in stock, then we will use reasonable endeavours for 30 days to order the relevant Product (“Back Ordered Products”). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.

6. Risk and title

6.1
Risk and title to the Products passes to you on the date and time of delivery to the Delivery Address.

7. Cancelling an order

7.1
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
the Products in that order are not available; or
there is an error in the price or the product description posted on the Site for the Product in that order; or
that we reasonably believe your order has been placed in breach of these terms and conditions.
7.2
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
7.3
You may cancel an order (whether it is accepted by us or not) by contacting Customer Service during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may return the relevant Products in accordance with these terms and conditions.

8. Fees and charges

8.1
We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
8.2
The purchase price of each Product is shown on the product list on the Site at the time you place your order.
8.3
Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our Back Order Policy), once we have accepted your order, we will not change any prices that apply to the Products in that order.

9. Payment methods

9.1
You may pay the fees and charges for an accepted order using the following payment methods:
Credit Card (via our secure checkout);
PayPal;
Direct Deposit
Australia Post Money Order
Western Union Money Order
and
Dusk Moth gift vouchers
9.2
If we are unable to successfully process your credit card or PayPal payment for your order that is accepted by us, then we may cancel your order.
9.3
If we have previously agreed that you are a business customer that may obtain Products from us on a deferred payment basis, then we will invoice you the fees and charges for the Products you have ordered when the aggregate amount payable by you for all orders placed under these terms and conditions reaches or exceeds the agreed amount. You must pay us the fees and charges in accordance with these terms and conditions.
9.4
If you choose to pay by credit card or PayPal, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card or PayPal account.
9.5
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
9.6
We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order.

10. Damaged Products and returns

10.1
You must check any Product delivered to you to determine if it is damaged. If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us through our Customer Service. If you notice damage to a Product after delivery, you should notify us within 14 days of delivery. If so, you may return the product to us in accordance with this clause.
10.2
If you wish to return a Product that is not damaged and that was provided to you under these terms and conditions, then you may return that Product in accordance with our Returns Policy.
10.3
Our Returns Policy is incorporated into these terms and conditions. You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.
10.4
We will not refund the Delivery Fee where the Products have been delivered to you, unless you are returning the Product because it was damaged.


11. Termination

11.1
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
the breach cannot be remedied; or
you fail to the remedy the breach within 10 days of our notice to you of that breach; or
if there is an emergency.
11.2
We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.

12. Changes to these terms and conditions

12.1
For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
12.2
We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.

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