Terms and Conditions
TERMS AND CONDITIONS
1. Access and Use of the Site
- You may only use the Site in accordance with these Terms and any applicable law.
- You must not (or attempt to) interfere with the Site or the servers or networks that host the Site; use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or interfere with security-related or other features of the Site.
- To register an account with us (“Account”), you must ensure that your personal information provided (such as your name, address and email address) are current and accurate. You must not register more than one Account.
- To place Orders you must be at least 18 years old and have the capacity to enter into a legally binding agreement with us. If you are under 18, you may only place an Order with the involvement of a parent or guardian.
- You are solely responsible for the activity that occurs on your Account and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account.
- You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect of any unauthorised use of your Account, please take immediate steps to re-secure your Account (including by changing your password), and contact our Customer Service Team immediately.
2. Intellectual Property Rights
- The Dorky Desires name and logo and the contents of this Site (unless otherwise specified are the intellectual property of Dorky Desires and must not be copied, reproduced or used for any commercial purpose without our prior written approval.
- You must not copy, adapt, reproduce, display, frame, distribute, transmit, republish, modify or revise the contents of this Site in whole or in part without our prior written approval, unless permitted by law.
- Information about goods on the Site may be based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
3. Order and Formation of Contract
- Unless otherwise stated all charges are in Australian dollars.
- You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the relevant payment method and the payment method must have sufficient funds, credit or other payment facilities to cover the purchase. By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks.
- A contract between us for the purchase of the product (“Contract”) will not be formed until we have accepted your Order. We will do this by providing you with a shipment confirmation email. Any other email from us (eg. an Order confirmation) does not constitute acceptance of your Order. We may refuse to accept an Order from you for any reason, including unavailability of stock, or if there has been an error in the price or product description on the Site (including the wrongful inclusion of an item in a particular promotion).
- If we cancel your Order before it has been accepted, we will refund any payment already made by you to your original payment method.
- To the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.
- By default, you provide authority to leave items at the address specified in your Order.
- It might not be possible for us to deliver to some locations. If we are no longer able to deliver to your location, we will inform you on the relevant product page, or by using the contact details that you provide to us when you make your Order.
- Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
- You must take care when opening the product so as not to damage it.
5. Overseas taxes, customs and other fees
- All prices are listed in Australian dollars.
- We currently ship to delivery addresses in Australia. We may decide to accept Orders for delivery outside of Australia, at our sole discretion. If you reside overseas and wish to make an Order, please contact the Customer Service Team. If your delivery address is outside of Australia and you have made an Order, we reserve the right to cancel your Order (if we do so, we will refund any amounts paid by you).
- If you are an overseas customer and we decide to accept delivery to you, the actual price charged will be subject to any taxes, fees and duties applicable to the relevant jurisdiction. These amounts are the responsibility of the customer. We are not responsible for and will not reimburse any duties, customs charges or fees. Any currency conversion or administration fees on purchases charged by your provider are your responsibility. Any refunds (if applicable will be made in Australian dollars.
- All orders with an overseas delivery address are a firm sale and a refund is not available. Note that this does not apply to damaged or faulty items – refer to clause 7 of these Terms.
- We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and will refund any money received from you using the same method originally used by you to pay for the product.
- Once you have placed an Order, we are not obliged to accept a cancellation by you. If you wish to cancel your Order, please contact our Customer Service Team. Once an Order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the returns policy.
- If you have received a product that is incorrect, damaged or faulty, please contact our Customer Service Team as soon as possible, and within 3 business days from the time the delivery is made. You may be asked to provide further information to support your claim such as images of the damage.
- If the product is confirmed to have a defect, we will replace or repair the product or refund the price of the product to your original payment method, in our discretion.
- It does not constitute as a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear or misuse, or other failure to take reasonable care.
- Dorky Desires is not obligated to accept a return for change of mind. If we do accept a change of mind return then you must pay return postage and remain responsible for the cost of initial shipping for any approved return item.
- All returns must be packed securely with cardboard or bubble wrap protecting the item, packed to prevent movement inside the package and ensuring the package is firmly enclosed.
- Returned items must be received at Dorky Desires at the location that we notify you via email, in new and re-saleable condition (except where a damaged item has been accepted for return).
- Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law.
8. Vouchers/promo codes
- You may use vouchers/promo codes as payment for certain products on the Site.
- We assume no liability for the loss, theft or illegibility of vouchers.
- Vouchers/promo codes cannot be redeemed for cash. If you place an Order for a product less than the value of a voucher/promo code, no refund or residual credit will be returned to you.
- Only one voucher or promo code can be used per Order.
- We will apply vouchers/promo codes on a pro-rata basis to voucher-eligible items in order to determine the final price you pay for those items. Where you return an item purchased with a Voucher/promo codes, we will only refund the final price you paid for that item.
- We reserve the right to deactivate vouchers/promo codes or block any person that is not using a voucher in accordance with its Terms.
- If you cancel or return only certain items purchased in bundle deals or multi-buy promotions, any items you don’t return will be charged at full price, and the refund amount will be reduced accordingly.
- We may issue further conditions for vouchers/promo codes from time to time, which will be notified on our Site or email containing the voucher/promo code.
9. Disclaimer and Liability
- This clause prevails over all other clauses, and, to the extent permitted by law, states our entire liability, and your sole and exclusive remedies, in respect of the performance of these Terms or a Contract or the Site (or any part of it or them).
- Nothing in these Terms excludes or limits your statutory rights as a consumer or our liability for fraud or any other Liability which cannot be excluded or limited by applicable law.
- In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.
- We have made every effort to ensure that the content of the Site is complete, true and accurate, although we do not provide any warranty or guarantee in relation to the accuracy, completeness, fitness for purpose or otherwise of the contents of this Website. All implied warranties or guarantees are expressly excluded to the fullest extent permitted by law.
- We do not accept and hereby exclude any liability other than any that arising pursuant to these Terms.
- Despite any other provision of these Terms to the contrary and to the fullest extent permitted by law, in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site, the supply of goods or services or these Terms (however arising).
- We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.
- We do not provide any warranty or guarantee that any information (including files) obtained from or through this Website is free from viruses or other faults or defects. You are responsible for scanning any information for viruses.
- You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of any nature, including reasonable legal fees, made by any third party due to or arising in connection with your access or use of the Site or its contents.
11.Armoury Goods/Prop Replicas
- For customers who purchase any armoury goods on this website, you must comply with all the applicable law and regulations regarding the purchase, ownership and the use of the Goods.
Dorky Desires will not be responsible for any consequences of non-compliance.
13. Dispute Resolution
- In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with the Customer Service Team at first instance.
- These Terms contain all the terms agreed between you and us and supersedes any prior Terms published on this Site.
- You may not assign your rights or obligations under these Terms. We may assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
- We shall not be liable for any breach of our obligations under these Terms where we are hindered from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, epidemic or pandemic, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
- No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character.
- Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us.
- All provisions of these Terms apply equally to and are for the benefit of Dorky Desires, its owners, any related entities and its (or their) affiliates, and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).
- The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
- If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
- These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of Western Australia and both parties hereby submit to the jurisdiction of the courts of Western Australia. Disputes arising in relation to this Website will be determined by the Courts of Western Australia.
These Terms were last updated on 23/08/2020