Terms and Conditions of Trade – Dobija Creative Pty Ltd

In these terms and conditions, “we”, “us”, and “our” refers to Dobija Creative Pty Ltd. Your access to and use of all information on this website, including the purchase of our product/s, is subject to the following terms and conditions.

We reserve the right to amend these terms and conditions at any time. Continued use of the website following any amendments represents your agreement to be bound by the terms as amended. We recommend reviewing these terms each time you visit our website.

Registered Users

1. To access certain services on our website, you may need to register by providing accurate and up-to-date information. Refer to our Privacy Policy for details on how we collect, store, and use this information.

2. You are responsible for keeping your registration details current and accurate.

3. A password will be provided upon registration. You agree to pay for any services provided as detailed on our website.

4. We reserve the right to terminate your registration if you breach these terms.

Our Website Services

5. Our services are available to individuals over the age of 18. By proceeding with a purchase, you confirm you meet this requirement.

6. All prices are in Australian Dollars (AUD) and exclusive of GST. GST will be added at checkout. Prices are subject to change, and we reserve the right to update pricing at any time. If you have placed an order, we will honour the price at the time of order.

Product Descriptions

7. We endeavour to describe products accurately but do not guarantee descriptions are error-free. Any inaccuracies will be corrected when identified.

8. Product images are illustrative only and may differ slightly from the final product.

Product Orders

9. All our products are custom made to order. As such, we cannot accept cancellations once production has commenced.

10. We make every effort to ensure product availability but cannot guarantee stock of all materials at all times.

11. All prices are in AUD and exclusive of GST.

12. Packaging and postage will be calculated and added to your order at checkout.

13. We require your name, delivery address, contact number, email, and payment details to process your order. We take reasonable care with your data but cannot guarantee absolute security.

14. We will confirm acceptance or rejection of your order within 7 business days. If no response is received, the order is deemed rejected.

15. Due to the custom nature of our products, once an order is confirmed, cancellations or changes are not permitted.

16. Title of goods passes to you upon full payment. Delivery details are outlined at the time of order.

17. All risk of loss or damage transfers to you upon dispatch.

Product Returns

18. As all products are custom made, returns for change of mind are not accepted. However, if a product is faulty, damaged, or not as described, please notify us via our Contact Us page. We will arrange for repair, replacement, or refund in line with Australian Consumer Law.

19. If we are unable to replace or repair the product, a refund including postage will be issued.

Site Access

20. When you visit our website, we give you a limited licence to access and use our information for personal use.
21. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.
22. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
23. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

24. This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
25. Linking our website is not permitted.  We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

26. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
27. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Disclaimers and Limitation of Liability

28. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
29. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. 
30. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Statutory Guarantees and Consumer Rights

31. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer.  Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees.  Attached to the Standard Terms and Conditions are:-

            (i)    Schedule 2 of the C&C Act; and

            (ii)    those statutory guarantees, all of which are given by us to you if you are a consumer.

32. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-

            (i)      We will repair or replace the goods or any part of them that is defective; or

            (ii)      Provide again or rectify any services or part of them that are defective; or

            (iii)     Wholly or partly recompense you if they are defective.

33. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act.  In that regard:-

            (i)      If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.

            (ii)     If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data. 

            (iii)    If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired.  We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

34. For non-consumers, liability is limited to resupplying services or covering the cost of doing so. We do not accept liability for indirect or consequential losses.

Indemnity and Force Majeure

35. You agree to indemnify us against claims related to your website use.

36. If a Force Majeure event delays fulfilment beyond 30 days, we may terminate the agreement with 7 days’ notice.

Jurisdiction

37. These terms are governed by the laws of New South Wales, Australia.

38. If any part of these terms is invalid, the remainder remains enforceable.

Privacy

39. We take reasonable steps to protect your information, in accordance with our Privacy Policy aligned with the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs).

For any queries regarding these terms, please contact us.