TERMS & CONDITIONS
1. TERMS AND CONDITIONS
(i) These Terms set out your ("You") agreement with Dinosaur Designs (ABN 18 003 234 964) ("Dinosaur Designs") in relation to the use of the Website and the placement of Order for Products and related matters;
(ii) In consideration of Dinosaur Designs allowing you to use the Website, and/or opening an Account for you, you agree with Dinosaur Designs to be bound by these Terms.
This website is owned and operated by Dinosaur Designs.
2. WEBSITE SECURITY
(i) http://dinosaurdesigns.com.au is protected by SSL (Secure Socket Layer) encryption. SSL is a security device that ensures that any data, which you enter into a secure area of the website, is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.
(ii) Dinosaur Designs does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only. In the event a credit card is used without the holder's authorisation, the cardholder must notify their credit card provider in accordance with their reporting rules and procedures.
Please take full responsibility for your own security when using the internet and do not under any circumstances disclose your bank details, credit card details, your personal username or password or other such information to any other person unless you are confident that the information will not be misused by that person.
Please also ensure that you do not leave your personal computer unattended while it is in operation unless it is safe to do so, and be aware that public forums and chat rooms are often used by people as a means of exploiting others and obtaining personal information about you.
3. ACCESS AND USE OF THE WEBSITE
(i) You must only use the Website in accordance with these Terms and any applicable law.
(ii) You must not (or attempt) to:
(a) interfere or disrupt the Website or the servers or networks that host the Website or any security-related or other features of the Website;
(b) use any data gathering and extraction tools on the Website; or
(c) link to any part of the Website in a way that damages or takes advantage of Dinosaur Design’s reputation, or causes Dinosaur Designs to suffer Loss including but not limited to implying or suggesting that you have any association and/or affiliation with Dinosaur Designs, or approval and endorsement from Dinosaur Designs when there is none, or in a way that is illegal or unfair.
4. INFORMATION ON THIS WEBSITE
(i) You acknowledge and agree that there are intellectual property rights that are owned by or licensed to Dinosaur Designs and these include rights in respect of the Website content;
(ii) Any material on the Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof in whatever form (including electronic form) must not be reproduced, transmitted, communicated, distributed or adapted, sold, modified or used except as permitted in accordance with applicable law or with Dinosaur Designs’s consent;
(iv) The intellectual property rights in all software and content made available to you on or through this Site remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors.
(v) You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
(vi) To the extent there is material on the Website provided by third party merchants, suppliers and Product manufacturers, Dinosaur Designs is not liable to you in respect of any Loss that you might suffer or incur as a result of inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
5. ORDERS AND AGREEMENT FORMATION
(i) Before you may place Orders and access the Website for that purpose, you must register an Account with Dinosaur Designs. To register an Account, you must:
(a) give Dinosaur Designs accurate and current personal information including your name, address, credit card or other related payment details, and a valid email address;
(b) be at least 18 years old, and have the capacity to enter into a legally binding agreement with Dinosaur Designs.
(ii) You must follow the instructions on the Website as to how to make an Order and for making changes to your Order before you submit an Order.
(iii) Subject to these Terms, and cases of Error or Obvious Error, despite any previous Price you may have seen or heard, the Price or related charges (for example delivery charges) shown or told to you (on the Website) in respect of any Order, is the Price and charges communicated to you via the Order Confirmation.
(iv) Unless otherwise stated, all payments to Dinosaur Designs are to be made in Australian Dollars.
(v) Payment for an Order is required to be made in full at the time of the Order being accepted by Dinosaur Designs by one of the payment methods disclosed on the Website.
(vi) If you are not entitled to use the payment method or account selected for the Order or if the payment method or account does not have sufficient funds or credit facilities to cover the Order, then the Order may not be processed.
(vii) Upon placement of an Order, Dinosaur Designs will issue an Order Confirmation which will be sent to you by e-mail. This email is not an acceptance of the Order.
(viii) A binding agreement between you and Dinosaur Designs for the purchase of Products is formed when you receive a shipment confirmation communication from Dinosaur Designs. You agree that Dinosaur Designs is not obliged to supply the Products to you until the Order has been accepted and an Agreement concluded.
(ix) Dinosaur Designs may in its discretion refuse to accept an Order from you, or refuse to process your Order for any reason. These reasons include but are not limited to:
(a) unavailability of Products the subject of an Order;
(b) Dinosaur Designs suspects that you might be re-selling the Products;
(c) Dinosaur Designs suspects that the Order is not genuine and that it is being used for a purpose other than for use of the Products is the subject of the Order by you; or
(d) where Dinosaur Designs considers that the Products cannot be delivered to your nominated delivery address.
6. YOUR ACCOUNT AND THE ACCOUNTS OF OTHER PERSONS
(i) You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure.
(ii) Dinosaur Designs is not liable or any Loss suffered or incurred by you as a result of any unauthorised activity on your Account if you fail to keep your Account login information secure.
(iii) You must not use another person’s Account without Dinosaur Designs’s, and/or the other person’s, express written permission.
(iv) If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify Dinosaur Designs immediately and take immediate steps to re-secure your Account (including by changing your password).
(v) Dinosaur Designs may refer fraudulent or abusive or illegal activity to the relevant authorities for investigation or prosecution.
7. CANCELLATIONS AND AMENDMENTS TO ORDERS
(i) Dinosaur Designs is not obliged to accept any request by you for a cancellation or amendment of an Order;
(ii) If you discover that you have made a mistake with your Order after you have submitted it to Dinosaur Designs via the Website, you may request the Order be cancelled or amended. Dinosaur Designs does not guarantee that it will be able to cancel or amend the Order in those circumstances;
(iii) If you have made an Order and Dinosaur Designs is unable to process the Order or Dinosaur Designs does not accept the Order, Dinosaur Designs will notify you and the Order will be cancelled;
(iv) Dinosaur Designs will refund any payment already made by you to your original payment method where an order is cancelled as contemplated by this clause, and before it has been accepted by Dinosaur Designs.
(i) The delivery times provided by Dinosaur Designs are estimates only which are provided to Dinosaur Designs and determined by your chosen parcel carrier and method shipping. We aim to deliver within the time indicated by us at the place of delivery requested by you. We cannot guarantee delivery dates and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
(ii) Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
(iii) In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided.
(iv) On delivery of the Product, you may be required to sign for delivery, unless you grant us authority to leave (“ATL”). If you grant ATL you understand and agree that this authority to leave gives us and/or your selected courier permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery. If you are not available to take delivery or collection, we may leave a card giving you instructions on either re- delivery or collection from the carrier.
(v) You agree to inspect the Product for any obvious faults, defects or damage on receipt of delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it. The buyer is responsible for inspecting the goods for fault and notifying us in accordance with our Returns Policy should there be a fault.
(vi) Unless otherwise specified, responsibility and title in the Goods passes to you upon delivery. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and transfer of responsibility in the same way. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
9. CHANGE OF ADDRESS
We cannot be held responsible if you enter an incorrect address on your Order. Address Confirmation is given on the review & buy page in the checkout section of the site. If this is not noticed until after your order is finalised, please contact Customer Service immediately. We will attempt to update any incorrect Order details, however, due to the fast processing within our distribution centre, some Orders cannot be adjusted. Therefore, you should carefully check that your Order is accurate before you submit it to us.
10. TITLE AND RISK
(i) Unless otherwise specified by you, all title and risk passes to you upon Dinosaur Designs accepting the Order and payment for the Price and all other relevant charges in respect of the Order being paid by you.
(ii) As and from the time when risk passes to you, Dinosaur Designs will not be liable to you for Loss suffered or incurred by you in relation to the Products except as provided in the Terms;
(iii) You agree to take care when opening the Products so as not to damage it, and not to use any sharp instruments in that process.
11. YOUR COMMITMENTS, AGREEMENTS AND ACKNOWLEDGEMENTS
(i) You warrant, and represent to Dinosaur Designs and acknowledge that Dinosaur Designs has relied on same in entering into any Agreement with you, that:
(a) all information provided by you in your Account application is complete, accurate and correct and is not misleading;
(b) Dinosaur Designs may rely on that information unless and until it receives written notice of any change signed by you. Any such varied information will be covered by this warranty;
(c) you have full capacity, power and are otherwise properly authorised to enter into obligations and exercise rights pursuant to these Terms;
(d) during your dealings with Dinosaur Designs, you will be in a position to meet all your commitments and obligations arising from these dealings;
(e) you will notify Dinosaur Designs immediately of any errors or omissions with respect to your details or Account, in writing;
(g) you have not made known, either expressly or by implication, to Dinosaur Designs, any purpose for which you require the Products and you have the sole responsibility of satisfying itself that the Products are suitable for your use.
(ii) You agree:
(a) to provide Dinosaur Designs with accurate, true and current information about yourself and maintain that information;
(b) you are responsible for maintaining the confidentiality of your password and Account information and the activities conducted on your Account;
(c) to notify Dinosaur Designs immediately of any unauthorised use of your password or any breach of security;
(d) Dinosaur Designs is not responsible for, and is not liable to you in respect of any Loss suffered or incurred by you regarding the reliability, completeness or accuracy of any third party information it provides or makes available to you;
(e) Dinosaur Designs has the right to correct any trading or administrative errors including but not limited to reversing or cancelling an Order without your consent and without liability or recourse by you against Dinosaur Designs;
(f) Any information provided by Dinosaur Designs including information posted on its website is indicative and for information purposes only. Dinosaur Designs does not warrant the accuracy of that information and you should not make your own enquires concerning that information.
12. YOUR INSTRUCTIONS
(i) All your instructions are subject to law, and these Terms.
(ii) It is your responsibility to ensure that all instructions given to Dinosaur Designs are in accordance with the law, and these Terms.
(iii) If Dinosaur Designs considers it is in its reasonable interest to do so and to the extent permitted by law, it may decline to act in relation to any particular dealings, without explanation or notice where it:
(a) believes the transaction would result in no change of beneficial ownership in the Products;
(b) believes the instructions are ambiguous, incomplete or unclear; or
(c) has suspended or cancelled your Account.
13. TERMINATION OF AGREEMENTS
(i) If you do not comply with any essential obligations, Dinosaur Designs may terminate an Agreement by serving a notice of termination on you.
(ii) For the purposes of these Terms and any Agreement where you agree to acquire Products from Dinosaur Designs:
(a) any obligations on you to pay the Price and other applicable charges in respect of any Order, or to pay any other moneys owing by you to Dinosaur Designs in relation to these Terms or any Agreements, are deemed to be essential obligations; and
(b) in respect of any other obligations, those obligations are deemed to be essential obligations if they remain unremedied for a period of seven days from the date Dinosaur Designs advises you of the relevant breach and the need to remedy those defaults.
(iii) Dinosaur Designs may also terminate an Agreement arising from an Order if the Products are not available for any reason or due to inability of Dinosaur Designs to deliver the Products to your nominated delivery address;
(iv) In the case of termination of an Agreement:
(a) due to non-availability of the Products, Dinosaur Designs will refund to you any money paid by you in respect of that Agreement;
(b) due to inability of Dinosaur Designs to deliver the Products to your nominated delivery address, Dinosaur Designs may, but is not obliged to refund to you any money you have paid to Dinosaur Designs, however if Dinosaur Designs elects to refund to you some of those monies Dinosaur Designs may deduct its reasonable administration charges connected with acceptance of the Order and delivery of the Products (including for attempting to deliver and then returning the Products, and any storage fees as provided for in the Terms);
(c) due to breach by you of an essential term, Dinosaur Designs may hold any other money paid by you under same as security for anything recoverable in relation to these Terms and/or enforce any other rights it may have against you in relation to these Terms and/or at law or in equity.
14. SALES OUTSIDE OF AUSTRALIA AND NEW ZEALAND
(i) the Website and Dinosaur Designs is based in Australia;
(ii) the Price and related charges related to the sale of Products by Dinosaur Designs to you, will, for customers located outside of Australia, be subject to the exchange rate applied by the customer's credit or debit card merchant or in the absence of same, by Dinosaur Designs;
(iii) where Products are shipped to your nominated delivery address outside of Australia, there may be Overseas Tax levied by a Government Agency in the country of nominated delivery, and that you will be liable for all such Overseas Tax (even if it is charged to Dinosaur Designs) and any other Loss you may suffer or incur related to the charging of Overseas Tax, and:
(a) Dinosaur Designs is not responsible for, and not liable to you for any Overseas Taxes or other Loss you may suffer or incur related to charging of Overseas Tax;
(b) Dinosaur Designs is not liable to reimburse you for any Overseas Taxes that may be imposed upon you or any other Loss you may suffer or incur related to charging of Overseas Tax;
(c) you agree to reimburse Dinosaur Designs for any Overseas Tax that may be imposed upon Dinosaur Designs or any other Loss Dinosaur Designs may suffer or incur related to charging of Overseas Tax; and
(d) you release Dinosaur Designs from all Claims you had, have or may have in relation to any Overseas Tax that may be imposed upon you or any other Loss you may suffer or incur related to charging of Overseas Tax.
15. SIZE, COLOURS AND PATTERNS
We have made every effort to display as accurately as possible the size, colours and patterns of our products that appear on site. However, as every resin piece is made by hand and as computer monitors vary, we cannot guarantee that the piece you receive will be an exact replica of the item photographed or that your monitor's display of any colour will be completely accurate.
16. PRODUCT RETURNS
(i) You agree that it is not a defect in the Product or a breach of a warranty if in Dinosaur Designs’s reasonable opinion, following the sale of the Products to you, the Product has:
(a) become of unacceptable quality due to fair wear and tear;
(b) been misused, or not used in accordance with manufacturers’ instructions, or been used in an abnormal way or in any manner other that which it was intended; or
(c) not had reasonable care taken by you in respect of the Product. Breakage due to dropping, banging, knocking or otherwise causing an item to come under undue stress is not considered a fault
(ii) You may return Product to Dinosaur Designs in circumstances where you believe the Product is the subject of a defect, or there is an applicable warranty claim contemplated by these Terms.
(iii) If you believe you have received a product which has a manufacturing fault;
- You must contact us as soon as you receive your order.
- Images of the damage, defect or fault must be submitted via email for preliminary assessment.
(iv) Where the Product sold to you is confirmed to have a defect, or there is an applicable warranty claim contemplated by these Terms, Dinosaur Designs will replace the Product or refund the Price of the Product to you at your request.
(iv) If the Product is found not to have a defect or there is no applicable warranty claim contemplated by these Terms, Dinosaur Designs will return the Product back to you and may charge you the delivery costs of this return.
(v) If the product is found to be damaged due to wear and tear or misuse on your part, where possible, we will offer to repair items. Under such circumstances we will contact you with a quote for the repair. No repair will be undertaken until it is paid for in full, in advance.
(i) Dinosaur Designs does not issue refunds unless required by law.
(ii) Exchanges can be made within 14 business days of receiving the goods. We can exchange for other items or a credit note of the same value of the piece/s being exchanged.
(iii) We strongly recommend that all exchanges posted to Dinosaur Designs have a tracking number. Dinosaur Designs is not responsible for any exchanges that go missing or lost on their way to us.
To exchange your item/s:
- The item/s being returned to Dinosaur Designs must be in its original condition.
- Returns can be made in one of our stores within 14 days of receiving the goods and 30 days with our online store
- We cannot offer exchanges on sale items. No exceptions.
Post the item/s to:
Dinosaur Designs Online Store - Exchanges
PO Box 8, Strawberry Hills 2012, NSW, Australia
(iv) When we have received the item/s an email Credit Voucher for the same value of the item/s being returned, valid for 3 years, at dinosaurdesigns.com.au will be emailed to your designated email account. Credit Vouchers can be used in one of our retail stores or online.
18. GIFT VOUCHERs
In these terms and conditions:
"activate" means the initial loading of value onto a Dinosaur Designs gift voucher.
"AUD" means the currency of the Commonwealth of Australia.
"Dinosaur Designs gift voucher" means any Dinosaur Designs gift voucher card and/or Dinosaur Designs gift voucher, including e-vouchers.
"Card Balance" means the unspent value of a Dinosaur Designs gift voucher.
"Expiry Date" means the date, being state on the Dinosaur Designs gift voucher after which, any remaining funds on a Dinosaur Designs gift voucher will not be available for redemption. Dinosaur Designs gift vouchers have a 36-month expiry date after the date of purchase.
"Redeem" means to reduce the value loaded on your Dinosaur Designs gift voucher by using the Dinosaur Designs gift voucher to purchase goods or services from Dinosaur Designs.
"Voucher Number" means the number that appears on the Dinosaur Designs gift voucher.
The terms and conditions set out in this section apply to all Dinosaur Designs gift vouchers;
(i) You agree to be bound by these terms and conditions by purchasing, activating, using, or attempting to use a Dinosaur Designs gift voucher or by making a transaction enquiry or exercising any right to redeem value loaded on a Dinosaur Designs gift voucher.
(ii) If you are giving a Dinosaur Designs gift voucher to another person, you should ensure that the recipient is aware of the terms and conditions apply to the Dinosaur Designs gift voucher and the relevant expiry date of the Dinosaur Designs gift voucher.
(iii) Dinosaur Designs gift vouchers can be purchased at any Dinosaur Designs store.
(iv) Dinosaur Designs gift vouchers are available at any Dinosaur Designs store for any value.
(v) Dinosaur Designs gift vouchers activate when purchased.
(vi) Once you purchase a Dinosaur Designs gift voucher you cannot subsequently add value to it.
(viii) No change is given in cash and any balance will remain on the gift voucher and can only be used in whole or part against future purchases.
(ix) Dinosaur Designs gift vouchers expire three years after the date of issuance which is printed on each Dinosaur Designs gift voucher. Any balance that remains on the card after expirations will not be available for use.
(x) Electronic Dinosaur Designs gift vouchers ("e-vouchers") are available to purchase online at dinosaurdesigns.com E-vouchers will be received by the nominated recipient via email within 5 minutes of ordering, and are delivered active. E-vouchers can be redeemed in-store by presenting them in their printed format or you can present your mobile device with an image of the e-vouchers. E-vouchers can be redeemed at www.dinosaurdesigns.com.au by entering the e-voucher’s number and pin number when prompted.
(xi) You should treat your Dinosaur Designs gift voucher like cash. If your Dinosaur Designs gift voucher is damaged, please contact any Dinosaur Designs store with your original Gift Voucher. However, we have no obligation to replace or refund value for lost or stolen Dinosaur Designs gift vouchers.
(xii) We reserve the right to place a stop on Dinosaur Designs gift voucher if:
- you report that your Dinosaur Designs gift voucher has been lost or stolen
- we believe (or reasonably suspect) that you have used your Dinosaur Designs gift voucher (or will use) your Dinosaur Designs gift voucher contrary to these terms and conditions.
(xiii) You are responsible for your Dinosaur Designs gift voucher and are liable for all transactions made using your Dinosaur Designs gift voucher.
(xiv) Dinosaur Designs gift vouchers may be used as personal or business gifts, but must not be used in connection with any marketing, advertising or other promotional activities unless you obtain prior written approval from Dinosaur Designs.
(xv) Use of our name or brands or any names and logos of Dinosaur Designs (other than in connection with the purchase or use of Dinosaur Designs gift voucher) is strictly prohibited.
(xvi) Your Dinosaur Designs gift voucher can be redeemed for goods and services in any Dinosaur Designs store or online at dinosaurdesigns.com up to the value loaded onto your Dinosaur Designs gift voucher. Any value redeemed is deducted from the Dinosaur Designs gift voucher balance.
(xvi) You cannot resell or on-sell Dinosaur Designs gift vouchers.
(xxvii) Your use of the Dinosaur Designs gift voucher at a Dinosaur Designs store is subject at all times to the policies (and, where applicable, other terms and conditions) of Dinosaur Designs regarding the goods made available by it.
(xviii) Where the price of the goods being purchased with the Dinosaur Designs gift voucher exceeds the Dinosaur Designs gift voucher balance, you must pay the amount exceeding the Dinosaur Designs gift voucher balance by an alternative payment method at the discretion of Dinosaur Designs.
(ix) Once your Dinosaur Designs gift voucher has reached a nil balance it cannot be re-activated.
(xx) Dinosaur Designs operates three websites in three countries; Australia, USA and UK. Each website issues Gift Vouchers in the currency of the country in which they are issued. Each Gift Voucher can only be used in the currency and country in which it was issued. Dinosaur Designs cannot accept Gift Vouchers for redemption in a country in which voucher’s designated currency is not legal tender.
(xx) If you have any questions about Dinosaur Designs gift vouchers or if you wish to make a complaint about your Dinosaur Designs gift voucher, please email us using the "contact us" section of dinosaurdesigns.com.au All questions and complaints will be responded to within five (5) business days of receipt.
19. PROMOTIONS AND DISCOUNTS
Dinosaur Designs may, from time to time, send you notifications of online offers and promotions which include a promotional or coupon code (“Code”) for use when shopping at Dinosaur Designs. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offers. Promotion codes cannot be applied to the purchase of Gift Cards.
20. CREDIT NOTES
- Issued in Australian dollars (AUD), for use on Dinosaur Designs Australia site only (dinosaurdesigns.com.au)
- Once issued, credit notes expire after 3 years unless specified otherwise.
- Whole or partially redeemed credit notes cannot be cancelled or refunded.
- If the credit note is for a lesser amount than the desired purchase, the recipient can pay the difference at checkout via our usual payment methods.
- The value of credit notes is defined by the amount spent at the time of purchase independently of sales, discounts or promotions.
- Items bought with credit notes can be exchanged but not refunded.
- Dinosaur Designs reserves the right to change these terms and conditions without notice.
(i) The Price and related charges quoted by Dinosaur Designs at the time of submission of your Order is indicative only and subject to Dinosaur Designs’s Order Confirmation and acceptance of the Order. Dinosaur Designs reserves the right to correct any errors which may be shown in any Invoice or other Agreement communications or documents, Dinosaur Designs provides to you at any time upon notice to you, including without limitation the Price and related charges, and you must accept the corrections.
(ii) Dinosaur Designs reserves the right to correct any errors which may be shown in or on the Website at any time upon notice to you, including without limitation the Price and any relevant applicable delivery charges or other related charges, and you must accept these corrections.
(iii) In case of Obvious Error, Dinosaur Designs may rescind any Agreement with you by notice to you of that rescission. Where Dinosaur Designs elects to rescind any Agreement with you, any further obligations to supply Products by Dinosaur Designs to you or by you to Dinosaur Designs will be at an end and Dinosaur Designs will refund to you any moneys that you have paid to Dinosaur Designs in respect of same.
(i) Form time to time and for reasons beyond Dinosaur Designs’ control, the price payable by you in respect of any Agreement or the Terms where stated to be exclusive of GST (or where not stated as being GST inclusive) will be treated as GST exclusive and Dinosaur Designs may recover from you, the GST payable on any supply connected with any Agreement or these Terms. This GST is an additional obligation, the amount of GST recoverable is 10% of the GST exclusive price to the intent the total consideration payable for any such supplies shall be inclusive of GST and the GST inclusive price or amount shall be the sum of the GST exclusive price or amount plus the GST applicable to the supply.
(ii) If the rate of GST so imposed on Dinosaur Designs increases to an amount higher than 10%, the GST recoverable shall be such higher percentage of the GST exclusive price or amount from the date of the increased rate coming into force. The GST may be recovered from you at the same time as payment is due for any applicable supply in accordance with these Terms.
23. LIABILITY AND NON EXCLUDABLE TERMS
(i) Except to the extent all or part of this clause, contains a Non Excludable Term which, cannot be excluded, restricted or modified or be applied in such a way as having the effect of excluding, restricting or modifying the application of any legislation applicable to the sale of goods or supply of services:
(a) these Terms and any Agreement do not include by implication or otherwise any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Products or any contractual remedy for their failure and Dinosaur Designs disclaims all or any such conditions and warranties, express or implied;
(b) any information provided by Dinosaur Designs including information posted on its Website is indicative and for information purposes only. Dinosaur Designs does not warrant the accuracy of that information and you should not rely on that information;
(c) Dinosaur Designs does not warrant that the Website will be available at all times and without disruption and provides no warranties in relation to the content of any other website linked to or from the Website;
(d) Dinosaur Designs is not be liable for any Loss suffered or incurred by you relating to any dealing or transaction with Dinosaur Designs (except as so provided by these Terms);
(e) you release Dinosaur Designs, and their respective directors, employees, contractors and agents from any Claims you had, have, or may have with respect to any Loss, that you suffer or incur in connection with your dealings with Dinosaur Designs, and if, but only if, Dinosaur Designs cannot by statute limit such Loss in this way, Dinosaur Designs’s liability for breach of any statutory condition or warranty will be limited to supplying the Products again, payment of the cost of having the Products supplied again, repairing the Products or any other remedy prescribed by any relevant law;
(f) if neither of the preceding sub clauses applies, Dinosaur Designs’s total liability for any and all Losses in respect of all Claims in connection with an Agreement or your use of the Website, or these Terms, will be limited to the purchase price of the Products, and Dinosaur Designs will not be liable for incidental, consequential, exemplary or punitive damages resulting from any such cause (including, without limitation, loss of profit, loss of revenue or loss of opportunity);
(g) if you use up or transform the Products in the course of trade, then Dinosaur Designs will not be liable to you or anyone else for any Loss suffered or incurred by you or them arising under or in connection with the sale, use of, storage or any other dealings with the goods or Products by you or any third party;
(h) Dinosaur Designs is not liable to you for any Loss suffered or incurred by you in any way arising under or in connection with the sale, use of, storage or any other dealings with the Products by you or any third party;
(i) Dinosaur Designs shall not be liable for any Loss suffered or incurred by you arising in connection with the operation (including delays and errors) breakdowns, disruption to or malfunction of any system, device or service;
(j) You are liable for all Loss you suffer or incur, arising out of the use, possession of or dealings with any Products sold to you by Dinosaur Designs, (including changes in your financial situation);
(k) Dinosaur Designs will not be liable for any Loss suffered by you or any third party for failure to meet any estimated date;
(ii) Where any part of these Terms (including but not limited to the preceding sub clauses of this clause) are Non Excludable Terms, then any such provision of these Terms:
(a) shall having regard to the application of those provisions, to the extent it is possible to do so, be read down and applied as relevantly modified so that those provisions do not contain any relevant Non Excludable Terms with respect to any such application of those provisions;
(b) shall continue to apply, and have operative effect to the extent it is possible to do so, by some other application of those provisions and they will then continue to remain enforceable; and
(c) to the extent it is possible to do so, those provisions if replaceable, shall be replaced by such provision that in its commercial and legal context is most similar to the provision held void, unenforceable or illegal and Dinosaur Designs may by relying upon its rights to modify or vary this Agreement, so vary those terms or provisions to give the necessary binding effect (including to the extent it is possible to do so, with retrospective operation).
24. NO COMMERCIAL USE
This Site is for your personal non-commercial use only.
- You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
- Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect or consequential loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
- Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, we exclude, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth). Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
You indemnify Dinosaur Designs and its respective officers, agents, consultants and employees, from any Loss suffered or incurred by Dinosaur Designs as a result of any Claim made by you or any third party due to or arising out of your breach of your obligations pursuant to these Terms or your breach of any law that relates to your transactions or dealings with Dinosaur Designs. This indemnity:
(i) takes effect as and from the date Dinosaur Designs notifies you of its making a Claim against you under this indemnity (the Indemnity Claim Notice); and
(ii) applies and may be enforced by Dinosaur Designs in relation to any Loss that arose prior to or after the date of the Indemnity Claim Notice, or any relevant Claim made against Dinosaur Designs prior to or after the date of the Indemnity Claim Notice.
(i) To the extent Dinosaur Designs is required by law to do so, it may collect Your Information and verify your identity before Dinosaur Designs can trade with you.
(ii) By using the Website, or opening an Account with Dinosaur Designs you agree to be bound by the following terms:
(a) Dinosaur Designs will collect Your Information only by lawful and fair means;
(b) Dinosaur Designs may also be necessary to collect Your Information from third parties, including credit reporting agencies, law enforcement agencies and other government entities, and identify verification providers;
(c) Dinosaur Designs collect and hold, use and disclose Your Information for purposes including the following:
- to allow you to open an Account;
- to provide Products and related services to you;
- to enable Dinosaur Designs to perform its obligations to you and to ensure that you perform your obligations to Dinosaur Designs;
- for communicating with you, including sending you information about Products and services;
- to maintain a credit information file on you and to carry out a credit assessment on you;
- to establish your bona fides;
- for the investigation of suspected unlawful, fraudulent or other improper activity connected with the use of our Products and services; and
- to comply with our legal and statutory obligations, including our obligations relating to identity verification and reporting under the Anti-Money Laundering and Counter Terrorism Act 2006 (Cth), our licensing obligations under other applicable laws.
(iii) By opening an Account and providing Your Information you consent to Your Information being used by Dinosaur Designs.
(iv) Dinosaur Designs may disclose Your Information to third parties as follows:
(a) to a credit reporting agency;
(b) to Dinosaur Designs’s contractors and external service providers associated with the operation of our business;
(c) to law enforcement agencies to assist in the prevention of criminal activities;
(d) to government and regulatory authorities and other organisations as required or authorised by law or otherwise permitted under the Privacy Act 1988 Cth;
(v) Dinosaur Designs may disclose Your Information to a credit reporting agency for the purpose of obtaining an assessment of whether that personal information so disclosed matches (in whole or in part) the personal information held by the credit reporting agency. This process assists Dinosaur Designs in verifying your identity as required by the Anti-Money Laundering and Counter Terrorism Act 2006.
(vi) The credit reporting agency may prepare and provide Dinosaur Designs with such an assessment and may use Your Information as contained in any credit information file relating to you and other individuals for the purposes of preparing that assessment.
(vii) Dinosaur Designs will take reasonable steps to protect Your Information it collects and ensure that it is accurate, complete and up-to-date.
A cookie is a small text file that is saved to and retrieved from your computer or mobile device. If you use our site and have cookies on your browser, we understand this as accepting our usage of cookies.
- We may use temporary or permanent cookies when you access our website.
- We use both first and third party cookies to collect statistics and user data to optimize our site and to present you with relevant marketing material.
- Data forwarded to third parties is only used to optimize our site and to present you with relevant marketing material. These include: MailChimp, Facebook, Instagram, Pinterest, Tumblr and Twitter.
28. MARKETING MATERIAL
If you do not wish to receive unsolicited information about future products or services from us, then please inform us in the manner specified on our website or email us as indicated above simply stating: unsubscribe, or click the unsubscribe link at the bottom of an e-mail to stop receiving marketing emails, regarding new collections, offers, promotions, or news of sales from us.
29. COMMUNICATIONS FROM YOU TO US
If now or in the future our website facilitates you sending us information, images, comment or data of any nature by email or otherwise which is then displayed on any notice board, open discussion forum or similar communally accessible and interactive site, you must ensure that such material is not defamatory or offensive, untrue, racially offensive or an incitement to racial hatred or otherwise in breach of an individual’s right to privacy or human rights or actionable in law in any jurisdiction.
In the event that you do post such material on our website, such consequences that may directly or indirectly follow will be entirely your responsibly and not ours, and you agree to indemnity and hold us harmless from any action or consequences that may arise in such circumstances.
In the event that we receive any material from you that in our view (whether reasonable or unreasonable) is potentially actionable or otherwise objectionable, we reserve the right to withdraw the material without notice or reason, and without giving rise to any claim by you against us for so doing.
All information that you supply to us under any circumstances shall be to the best of your knowledge and belief, true and accurate, and not misleading in any manner.
Any notice, request, demand or other communication may be sent to your postal or electronic address last notified to Dinosaur Designs and the notice, request, demand or other communication shall be taken to have been received by you if sent by prepaid letter on the Business Day following posting and if sent by facsimile or other electronic means when sent.
You must not assign your rights under any Agreement or these Terms without prior written consent of Dinosaur Designs.
(i) These Terms are governed by the laws of NSW Australia and the Courts of NSW Australia have jurisdiction in relation to any disputes to which these Terms apply.
(ii) If more than one person constitutes the Account Holder, then they are jointly and severally bound by these Terms and Dinosaur Designs is entitled to act upon the instructions of any one of those persons unless specified otherwise on the Account application form;
(iii) The failure of Dinosaur Designs at any time to insist upon strict performance of the provisions of these Terms will not be deemed a waiver of its rights at any time thereafter to insist on strict performance.
(iv) No provision of these Terms that grant rights to Dinosaur Designs, merges by virtue of any supply of Products being made or any amount due being paid by you, or any Agreement being completed, or terminated, or otherwise.
(v) If the performance of Dinosaur Designs’s performance of its obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Dinosaur Designs, then Dinosaur Designs will give notice of such cause to you and after 7 days from the receipt by you of such notice, Dinosaur Designs may terminate or rescind in its discretion, any relevant Agreement with you, without being obligated to you in any way for any Loss that may have been otherwise suffered or incurred by you.
(vi) If the whole or any part of a provision of any Agreement or these Terms is or shall become void, unenforceable or illegal, the remainder of any Agreement or these terms shall have full force and effect. The provision held void unenforceable or illegal if replaceable, shall be replaced by such provision that in its commercial and legal context is most similar to the provision held void, unenforceable or illegal.
(vii) These Terms replace any agreement, arrangement or understanding (arrangements) that may have existed between you and Dinosaur Designs and the obligations entered into under those prior arrangements will be treated as if they were entered into pursuant to these Terms.
(viii) You authorise Dinosaur Designs to record any telephone conversation(s) between you and Dinosaur Designs, with or without an audible tone warning device.
(ix) You authorise Dinosaur Designs to appropriate any credits, payments and other receipts from you or from your Account in such manner and order as it think fit against any amounts due or owing by you to Dinosaur Designs.
33. DEFINITIONS AND INTERPRETATION
In these Terms:
- Account means an account issued by Dinosaur Designs to you for the purpose of facilitating any transaction relating to the sale of Products or related services.
- Agreement means, as the context permits, an agreement for the sale of Products and related services to you by Dinosaur Designs arising from the acceptance of an Order by Dinosaur Designs.
- Account Holder means the person or entity who has been granted an Account by Dinosaur Designs.
- Business Day means a day in which banks are open for business in NSW, Australia.
- Claim means any claim, action, proceeding or demand made, however arising and whether present or future, fixed or unascertained, actual or contingent;
- Government Agency means any entity, body or person or government agency or authority with the authority to administer of any law;
- Loss means a damage, loss, cost, expense or liability incurred or suffered, however arising and whether present or future, fixed or unascertained, actual or contingent.
- Non Excludable Term means in relation to any part of these Terms, that by the application of any legislation applicable to the sale of goods or supply of services, may not:
- be excluded, restricted or modified; or
- otherwise applied in a way that has the effect of causing them to be excluded, restricted or modified.
- Obvious Error means any matter, fact or thing which is obviously wrong, incorrect and of such a nature that no reasonable person in the position of Dinosaur Designs would have proceeded with any transaction on the basis of same.
- Order means the order submitted by you to Dinosaur Designs via the Website to purchase Products from Dinosaur Designs.
- Order Confirmation means the advice to you whereby Dinosaur Designs acknowledges to you, it has accepted an Order by you.
- Overseas Tax means means any present or future tax, levy, impost, deduction, charge, excise, duty, compulsory loan or withholding of whatever kind and whether direct or indirect, including but not limited to any related interest, penalty, fine or expense in connection with any of them levied or imposed by any Government Agency (other than an Australian Government agency) in connection with any law (other than an Australian law);
- Product and Products means any products or goods sold to you by Dinosaur Designs, from time to time and as contemplated by any Order made by you in respect of the same.
- Your Information means relevant information and other personal information about you, including but not limited to your full name, date of birth, residential address, and your interactions with Dinosaur Designs (such as Agreements), your credit card and related banking payment details, copies of personal identification documents that prove your identity or information about you that is publicly available, for example from public registers or social media.
- You and Your means the Account Holder.
- we, our, or us means Dinosaur Designs.
- Website and the Website means the website that operated and maintained by Dinosaur Designs in respect of the sale of Products to consumers and in respect of which Accounts are opened by you and/or Orders are facilitated and transacted.
- In these Terms:
- Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms;
- Words imparting the singular shall include the plural and vice versa;
- Words imparting a gender shall include every gender;
- Words referring to persons includes natural persons, corporations and any other entity recognised by law.