Online purchase Terms & Conditions
BY PURCHASING THROUGH OUR WEBSITE, YOU AGREE TO THE TERMS OF OUR PRIVACY POLICY AND WEBSITE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT PROCEED TO PURCHASE.
The Term 'DDI' referes to The Dromana Drive-In Pty Ltd.
1. Availability of goods.
2. Placing Orders for Goods.
3. Acceptance and rejection of Orders.
4. Price and Payment.
5. Shipping and Delivery.
6. General Terms for Delivery.
7. Order cancellations.
8. Returns.
9. General
10. Privacy
1. Availability of goods.
You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. DDI will not be liable to you for any loss (consequential, direct or indirect) you or any third party may suffer as a result of a withdrawal or suspension of availability with respect to a particular Good. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will contact you. You acknowledge and agree that all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life; you have read and fully understand and accept any corresponding written description of the Goods prior to submitting your Order; the colour of Goods as shown on the Website may vary slightly or in shade in real life; the designs and colours of fabric may vary slightly from one Good to another; we reserve the right to make any changes to internal specifications of our Goods or minor external changes where necessary which may not be displayed or apparent from the Website. These will be apparent if orders are placed at different times; where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access); and any accessory featured with the Goods is or may be for illustration purposes only, and may be sold separately.
2. Placing Orders for Goods.
You may place an Order through the Website by submitting the electronic Order form on the Website. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. DDI will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. You also agree to obtain consent to provide DDI any personal details for nominated recipients of gifts. You may Order from DDI if you are aged 16 years or over, have an active email account and a telephone number at which you can be easily contacted. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless changes to the Order are made by agreement with DDI and any cancellations are otherwise in accordance with these Terms and Conditions). However, we will allow you to return Goods in accordance with these Terms and Conditions. You must check your Order carefully prior to submitting your Order with us. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting DDI Customer Service in relation to your Order. You agree to make your own enquiries to verify information provided and to assess the suitability of Goods before you order the Goods.
3. Acceptance and rejection of Orders.
Goods displayed on the Website do not constitute an offer to sell. It is an invitation to treat only. Orders placed by you on the Website are offers to purchase particular Goods on these Terms and Conditions at the Price specified (plus the Delivery Fee) at the time you submit your Order. When we accept an Order, it represents an agreement by DDI to supply you with the Goods in accordance with the Order and these Terms and Conditions. To the extent permitted by law, DDI reserves the right to accept or reject your Order for any reason (or no reason) at any time including, but not limited to, the unavailability of any Good, an error in the price or Good description, an error in your order or the discontinuance of a promotion. In the event that we reject an Order under the above clause, we will notify you of that rejection and the reason for rejection via email. DDI will not be liable to you for your loss or that of any third party for the rejection of an Order. If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order under clause and we will notify you of that rejection via phone or email. DDI will not be liable to you for your loss (consequential, direct or indirect) or that of any third party for the rejection of an Order.
4. Price and Payment.
Unless otherwise stated, all Prices, Delivery Fees and other charges quoted are in Australian Dollars and where applicable,
are inclusive of goods and services tax (GST). DDI doen not accept orders from other countries. Any such orders will be refunded. The Price in respect of a Good is specified on the Website. DDI reserves the right to change or alter Prices of Goods on the Website for any reason and without notice to you, unless you have already submitted an Order at a stipulated Price and that Order has been accepted by us, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case item 3 will apply). In respect of any Order, we will charge you and you agree to pay the Price (which is the Price at the time the Order is submitted); and the Delivery Fee. You can pay for your Goods by any of the methods specified on the electronic Order form on the Website, which includes but are not limited to credit card. When paying by credit card, you authorise DDI to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order. You acknowledge and agree that any payment in respect of an Order must be cleared by DDI to its satisfaction before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified by EMail. In such instances we cannot and will not hold the Goods against your Order and we do not guarantee that the Goods will be available should you try to Order again. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order. In ordering, paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law. You will receive a tax Invoice by email once payment in respect of your Order has been processed and cleared pursuant to clause
5. Shipping and Delivery.
Delivery Agents. DDI uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods. Delivery is restricted to the Delivery Agent’s pre-defined delivery area – see here for eligible postcodes – http://auspost.com.au/parcels-mail/delivery-areas.html
The following outlines the Delivery Fees for DDI Orders: Standard Delivery Fee: $19.95 per Order including packaging & insurance. We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order.
6. General Terms for Delivery.
Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations. If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age at the time of delivery and capable of receiving delivery on your behalf, and you agree that our Delivery Agent will be entitled to rely on the appointed representative's instructions as if they were your own instructions. You or your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If you or your representative refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay any associated fees for redelivery. If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it
is unsafe or impractical to make delivery, a calling card will be left for you to collect the Goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery. Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If the Goods are not as ordered, there are Goods missing or there is obvious damage to the Goods due to transit, you must contact DDI Customer Service within 5 Business Days. Unless specified on the Website, pickup is not available. Authority to leave - by ticking the box to authorise the delivery to be left without signature you hereby authorise DDI to arrange for your Order to be delivered and to be left at the shipping address without requiring a signature for its delivery, and hereby acknowledge and agree that only confirmation of delivery by DDI’s Delivery Agent will be obtained in order to satisfy proof of delivery. DDI will not replace or refund items which you authorise to be left without signature.
7. Order cancellations.
Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you must carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods in accordance with these Terms and Conditions. Where we reject or cancel your Order under these Terms and Conditions, and your payment for the Goods has already been processed, we will refund the Price of the Goods to you in accordance with
these Terms and Conditions. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. DDI is not liable with respect to any loss (consequential, direct or indirect) you or any third party might suffer as a result of any delay in processing or paying your refund.
8. Returns.
Unused Goods in original condition and packaging may be returned within 14 days of the date of your delivery being received upon presentation of the original Tax Invoice together with the credit card used for the purchase. DDI’s preferred method of return is for the Goods to be returned via Registered Post (in accordance with the Packing Confirmation) at your own cost. DDI will not be responsible for items lost in transit. No postal exchange service is provided. For Goods deemed to have a manufacturing fault you will be refunded or the Good replaced. For return of faulty Goods via post please contact DDI Customer Service. DDI may, in its absolute discretion, issue a reply paid authorisation to return the Good free of charge. It is a condition of Visa, MasterCard and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. DDI is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
9. General
DDI reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with DDI with respect to that Order. DDI may give notice to you by electronic mail. You may give notice to DDI by electronic mail to info@dromanadrivein.com.au. Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful. A failure or delay by DDI to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by DDI does not preclude its future exercise or the exercise of any power or right by or on behalf of DDI. Your use of this Website is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Any transaction is deemed to have taken place in Dromana, Victoria, Australia. Disputes arising from your use of this Website are exclusively subject to the jurisdiction of the courts of Victoria, Australia. The Website may be accessed throughout Australia and overseas. DDI makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.
10. Privacy
Personal information collected is for the sole purpose of addressing & delivery of goods purchased, or contacting you regarding the purchase. DDI will not contact you for promotional purposes or allow 3rd parties access to the information.
Financial transactions are handled off site by the Bendigo & Adelaide Bank ltd.
, information concerning the transactions is secured by the Bank, and not available to DDI.