TERMS & CONDITIONS (“T&Cs”)
1. SHOPPING WITH DROPINTOLIFE.COM.AU
(a) We are registered in Australia.
(b) Our ABN is 70 628 892 277.
(c) Our registered office and trading address is:
Drop Into Life Pty Ltd
40 Bainbridge St
(d) You can order Products or Services online via the website.
2. CONTRACT BETWEEN YOU AND US
(a) Reference to “we”, “our” or “us” means Drop Into Life Pty Ltd (ABN 70 628 892 277) and/or its associates, related parties, successors and assigns.
(b) Reference to “website" means the whole or any part of the web pages located at www.dropintolife.com.au (including the lay-out of this website, individual elements of the website design, underlying code elements of this website, or text, sounds, graphics, animated elements or any other content of this website).
(c) When you place an order for a Product or Service by using the website you are offering to buy it for the price shown on the website, subject to these T&Cs.
(d) Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
(e) When you place your order online we will take payment. We will check Product or Service availability and contact you by email to confirm that your order has been accepted. This email is our acceptance of your order and will specify delivery details and confirm the price of the Product or Services purchased.
(f) If the Product or Service is not available we will decline your order and send to you an email explaining this and any payment made for the Product or Service will be refunded in full.
(g) Please be aware that once the following takes place:
(i) you have successfully placed an order;
(ii) we have accepted it; and
(iii) in the case of a Product, it has been received by our warehouse
we are unable to amend the order or details provided.
(h) You should print a copy of these T&Cs or save them to your computer for future reference.
(i) We may cancel any contract between you and us and not supply Products or Services if it is reasonable to do so and may change or discontinue the availability of Products or Services at any time at our sole discretion. If we cancel your order, any payment made for the Product or Service will be refunded in full.
(j) Each order that we accept will be a separate contract between you and us and each contract will be subject to these T&Cs.
(a) The price for each Product or Service is shown on the website and includes any relevant GST at the current rate.
(b) We always try to make sure that the prices on the website are accurate but errors may occur. If we discover an error in pricing of the Product or Services that you order we will notify you as soon as possible using the contact details you supplied to us when placing your order. We will then give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to reach you within 7 days of our notice we will treat the order as cancelled. If you cancel, any payment made for the Product or Service will be refunded in full. If you confirm, you must pay the difference before we despatch the Product or Service.
(c) You will be notified of the delivery costs automatically before you submit your credit card details, based on the delivery address you specify. For more information about our delivery charges, please visit our Shipping page.
(d) Prices are quoted on the website in Australian Dollars. Outside of Australia your credit card company should exchange the Australian Dollars amount charged to the currency of your country at the current rate. Please note that both charges and refunds will only be made in Australian Dollars and we cannot be held responsible for any loss due to exchange rate fluctuations.
(a) You must provide full and accurate payment details (e.g. credit card, debit card, PayPal or gift voucher) at the point of submitting your order.
(b) We will take payment from your credit card, debit card, PayPal account or gift voucher as soon as you place your order.
(c) We currently accept Paypal, as well as VISA and MasterCard debit and credit cards.
(d) To ensure that shopping online is secure, when paying by credit card, your details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also carry out additional security checks to confirm it is you making the order. In the event your card is declined please contact your card issuer to authorise the transaction.
5. GIFT VOUCHERS
(a) Gift vouchers must be redeemed within 1 year of purchase and cannot be set off against Product or Services that have already been paid for.
(b) If the value of the order exceeds the value of a gift voucher, the balance must be paid by credit or debit card, or via PayPal.
(c) Unused balances will be held within the recipient’s voucher for the remainder of the 1 year period. At the end of that 1 year period the voucher (and any credit remaining on it) will expire.
(d) Vouchers can only be used for in-stock Product or Services and not for pre-ordered Product or Services. Vouchers cannot be used to purchase Product or Services which are already subject to other promotional offers.
6. PROMOTIONAL VOUCHER CODE TERMS
(a) If you have received a promotional voucher from us, only one such promotional voucher code can be redeemed per order.
(b) Promotional voucher codes are issued from time to time at our discretion. We reserve the right to cancel promotional voucher codes at any time without notice and without giving a reason.
(c) Only one promotional voucher code can be redeemed against any single order. If there is an unused balance of discount or credit remaining on the promotional voucher code, that balance will be extinguished and cannot be redeemed with any other orders.
(d) Promotional voucher codes cannot be re-used.
(e) Promotional voucher codes have no cash redemption value and are not transferable.
(f) Promotional voucher codes may not be used in conjunction with any other offer, discount or promotion.
(g) Promotional voucher codes may not be sold. For the avoidance of doubt, this includes auctions and other online sales.
(h) Certain Product or Services cannot be purchased with promotional voucher codes. Such Product or Services are clearly marked on their respective Product or Service pages.
(i) The issuing of promotional voucher codes may be restricted (for example, one per email address). Please see the promotional page for details.
(j) Our promotional voucher codes cannot be used to purchase regular our gift vouchers.
7. PRODUCT OR SERVICES
(a) All Product or Services are available while stocks last. If we are unable to supply a Product or Service to you following our acceptance of your order, we will notify you as soon as we can. If we cannot supply a Product or Service you will not be charged for it and we will refund or re-credit your account with the amount of your up-front payment.
(b) The images of the Product or Services on the website are for illustrative purposes only. Although we have made every effort to display the images accurately, we cannot guarantee that your computer’s or device’s display accurately reflect the Product or Services. Your Product or Services may vary from those images.
(c) Certain Product or Services advertised on the website can only be purchased if you satisfy the legal age requirement for that Product or Service. We are not allowed by law to supply that Product or Service to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order that Product or Service. We reserve the right to request proof of age and not to supply Products or Services to users that we suspect do not meet the legal age requirements (although we are not obliged to make any enquiry in regard to age).
(a) We aim to deliver your Product or Services as soon as reasonably possible using Australia Post.
(b) Delivery will be completed when we deliver the Product or Services to the delivery address given in the order.
(c) The Product or Services will be your responsibility from the completion of delivery.
(d) You own the Product or Services once we have received payment in full, including all applicable delivery charges. You will be notified of the delivery charges when you place your order.
(e) Delivery outside the Australia may be subject to local import duties, custom duties or taxes which are your responsibility where they apply. Unfortunately, we cannot advise you what these charges will be and we are not responsible for them.
(f) If you do not pay these local import/custom duties or taxes then the Product or Service could be returned to us or possibly destroyed if too expensive to return. Please note, if this happens, we may not be able to refund your purchase. You must comply with all applicable laws and regulations of the country for which the Product or Services are destined. We will not be liable or responsible if you are in breach of any law in any such country.
9. COPYRIGHT AND TRADEMARKS
(a) We do not give you any right or interest in any copyright or intellectual property rights in any Product or Service.
(b) The copyright and other intellectual property rights in the website and any information, images or software accessed via the website are owned by or licensed to Drop Into Life Pty Ltd and, unless otherwise specified, may not be used, copied or altered without our express written consent.
(c) Copyright extends to the design, look and feel of the website, all photographs on it and our marketing materials.
(d) Drop Into Life™ together with the tree design with coloured drops is our registered trademark and our logos and domain names are trade names or trademarks of Drop Into Life Pty Ltd and may not be used by anyone else without our express written permission. You must not pass yourself off as having any legal rights in relation to those words and design contrary to our rights.
(e) We do not give any warranty or representation in respect of the trade marks or trade names of any Product, Service or brands featured on the website.
(f) Nothing contained in the website should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the website without our express written permission.
(g) We do not give you any right or interest in any copyright or intellectual property rights in any Product or Service nor the right to copy them.
10. PRIVACY AND DATA POLICY
(a) We believe that you will be delighted with your Product but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible and these T&Cs do not affect your statutory rights.
(b) You cannot return a Product because you change your mind. You can return a Product only if it was received in a damaged or faulty state or if an item is missing. In either case you must notify us by email within 7 days of receipt of the Product and include an image of what you have received. You must then return the product to us as soon as possible unless we email you otherwise. You must bear the cost and risk of return. We will then either, at our choice, replace the Product (or relevant item) at our cost or refund the price you paid for it.
(c) We will try to attend to all return requests as soon as practically possible.
(d) Please note that returns are not able to be accepted in person at our registered office address.
(e) Nothing in this agreement will affect your statutory rights.
12. DROP INTO LIFE PTY LTD LIABILITIES
(a) We are not liable to you or anyone else for any loss in connection with use of this website or a linked website.
(b) We do not exclude your rights under Australian Consumer Law and this clause 12 is to be interpreted subject to your non-excludable rights.
(c) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or any other malware (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the website will be uninterrupted or error free or malware free or that any defects will be corrected.
(d) From time to time we may restrict the quantity of Products or Services that can be purchased by one person, household or address. We may reject or cancel any order(s) we consider to be in violation of our product quantity restrictions in its total discretion.
(e) Our Products and Services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. The following provisions of this clause 12 apply only if you are not a "consumer" (as defined by Australian Consumer Law), or if you are a consumer but such provisions are not excluded by Australian Consumer Law.
(f) To the fullest extent permitted by law, our liability for breach of any Consumer Guarantee, which cannot be excluded, is limited at our option to the following:
(i) in the case of services supplied or offered by us, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption:, the supply of the services again or the payment of the cost of having services supplied again; and
(ii) in the case of goods supplied or offered by us, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the replacement of the goods or the supply of equivalent goods, or the repair of such goods, or the payment of the cost of the replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired.
(g) If we fail to comply with these T&Cs, we are not responsible for any loss or damage you suffer.
(h) Except as provided above we give no other warranties, conditions or other terms, express or implied, statutory or otherwise. All such warranties, conditions or other terms are hereby excluded to the maximum extent permitted by law.
(i) Our maximum liability for damages (whether arising from negligence, breach of contract, breach of express or statutory warranty, breach of other obligation, misrepresentation, or otherwise) is the amount you have paid to us for the relevant Service or Product.
(j) If you have a claim against us, you are taken to have abandoned it if you do not commence legal proceedings within 6 months from the date the claim arose.
(k) We are not liable to you for loss or damage caused by an event beyond our control, or for any act or omission on our part or on the part of a subcontractor who provides services to us (whether with or without your approval), or for failure or delay on our part in providing Products or Services, or for indirect, incidental, special and/or consequential damages or loss of profits, loss of business, business interruption, or loss of business opportunity, or breach of contract expenses whatsoever which may result from any use or access of, or any inability to use or access, the website, or which in any way relates to the supply or non-supply of Products or Services.
(l) Our Products are not intended to be used to diagnose, prevent, treat, alleviate or cure any disease, ailment, defect or injury. They are not a substitute for the advice of a doctor or healthcare practitioner. Nor are they a substitute for, or an augmentation of, or recommendation to discontinue or modify any medication, treatment or therapy prescribed by a doctor or healthcare practitioner.
(m) Everyone is different in terms of their needs and lifestyle. We cannot predict how you will respond to our Products or Services. We do not guarantee any particular outcome as a result of your use of our Products or Services, or the information accompanying them or that is in this website.
(n) You are responsible for your own wellbeing. You should seek and rely on the advice of a qualified healthcare practitioner if you have any concerns about using or continuing to use our Products or Services.
(a) We may revise these T&Cs from time to time. Any changes to our T&Cs will be notified on the website. You must check these T&Cs whenever you place an order with us.
(b) We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these T&Cs.
(c) You may only transfer your rights or our obligations under these T&Cs to another person if we agree in writing. However, if you have purchased a Product or Service as a gift, you may transfer the benefit of any warranties we give to you under this contract to the recipient of the gift without needing to ask our consent.
(d) This contract is between you and us. No other person has any rights to enforce any of these T&Cs.
(e) If we do not enforce any provision of this agreement, that will not be taken as a waiver of our rights.
(f) Each of the paragraphs of these T&Cs operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
(g) If we fail to insist that you perform any of your obligations under these T&Cs, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
(h) If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
(i) In the event that any part of these T&Cs are held to be unenforceable, such part will at our option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
(j) These T&Cs are governed by the laws in force in New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts. Any dispute or claim arising out of or in connection with Products or Services, this website, or with us will be exclusively governed by New South Wales law in Australia and its Courts.
(k) You must submit to and can make a claim against us only in the Courts of New South Wales, in Australia.
(a) All notices to us must be given by email at email@example.com or at 10 Cygnet Place, Illawong, NSW, 2234, Australia by trackable post.
(b) All notices sent to you or us by email will be taken to have been received on the day that they are sent or, if sent on a national holiday in New South Wales or on a Saturday or Sunday, the next working day following the day on which the email was sent. All notices sent by post will be taken to have been received 3 working days after the date of posting in the case of posting to or from an address within Australia, or 7 working days after the date of posting in the case of posting to or from an address outside Australia.
15. CONTACTING US
If you would like help when ordering, information about a Product or Service, a request for a Product or Service or if you would just like to provide us with feedback on our service, please:
(a) email us at firstname.lastname@example.org; or
(b) post to us at 10 Cygnet Place, Illawong, NSW, 2234, Australia; or
(c) telephone us on (+61) 0419 834 817 between the hours of 9.00 am and 5:00 pm Monday to Friday (QLD, Australia time).
© 2019 Drop Into Life Pty Ltd (ABN 70 628 892 277).
All rights reserved. Not to be reproduced without our express written consent.