The following terms, conditions and notices (the “Terms of Service”) govern your use of the website located at www.dorisnyx.com.au (the “Website”) and form a binding contractual agreement between you, the user of the Website and Arcasy Pty Ltd (ABN 86 167 274 062), trading as Doris Nyx (herein referred to as “we”, “us” and “our”). Our offices are located in Sydney, NSW (Australia).
Access to and use of the Website and the goods and services available through the Website (individually and collectively, the “Services”) are subject to the Terms of Service. By using the Services, you agree to be legally bound by these Terms of Service as amended from time to time.
We reserve the right to update, change or replace any part of these Terms of Service at any time and it is your responsibility to check this page periodically for changes.
By accessing the Website and using the Services, you represent that you are at least 18 years of age and have the right and authority to enter into this agreement.
The Services are neither directed at, nor promoted to those under the age of 18 and you acknowledge that you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, your use of the Services is at your own risk.
We reserve the right to refuse the Services to anyone for any reason at any time.
MODIFICATIONS, PRICING AND AVAILABILITY
By placing an order for any goods on the Website you are offering to purchase the goods on and subject to the Terms of Service. All orders are subject to availability and confirmation of the order price. All prices are displayed in Australian dollars (AUD) unless otherwise indicated.
We reserve the right to withdraw or modify the Services at any time without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
Prices do not include shipping and handling costs. These costs will be shown at the end of the shopping process. As an introductory offer orders over $99 placed until March 31, 2014 will be shipped free of charge.
PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website, however colours, textures and fabrics may slightly differ from the actual item.
We reserve the right to limit the Services to any person, geographic region or jurisdiction, limit the quantities of any products that we offer or discontinue any product at any time. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the costs of the goods.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses and will report any breaches to the relevant law enforcement authorities
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We will not be liable for any loss or damage however caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material as a result of or in connection with your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
The Services and all products and services delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Nothing in these Terms of Service shall exclude, restrict or modify any right, remedy, guarantee, warranty, term or condition imposed by any legislation which cannot lawfully be excluded or limited. This includes certain provisions of the Australian Consumer Law which may operate to protect the purchaser of goods and services in certain circumstances.
No information provided in connection with the Services or otherwise shall be taken to be professional advice. All information is provided as a guideline for convenience only and is not intended as a substitute for independent professional advice. We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the content available via the Website.
You will indemnify and hold Arcasy Pty Ltd, its subsidiaries, directors, officers, employees, contractors, agents and licensors harmless from any loss, damage, proceeding and cost (including all reasonable legal costs), whether in contract, tort, under statute or otherwise, arising directly or indirectly as a result of your use of the Services, your breach of these Terms of Service, or your violation of any applicable law or the rights of any third party.
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia.
COPYRIGHT AND TRADEMARK INFORMATION
The intellectual property rights in all software and content made available to you on or through the Website 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. 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 appear on the Website, nor may you use such content in connection with any business or commercial enterprise.
At this point in time, we deliver Australia wide only. Please ensure that the shipping address you enter is correct.
Your order will be processed within 2 business days and we estimate that delivery will take approximately 3-7 business days depending on your location within Australia. To the maximum extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
We will ship our products discreetly, using a non-revealing return address and company name and without reference to the content of the shipment.
Please choose carefully before you buy, due to hygiene reasons and the personal nature of the products we cannot offer refunds or returns for change of mind or wrong selection.
Any returns for faulty or defective products must be made within 14 days of purchase. If you think that there is a fault with the goods you have received, please contact us straight away via firstname.lastname@example.org to let us know which item you want to return and why.
Before you return the faulty product to us, enclose all packaging, tags, manuals and instructions together with proof of purchase. All returned products are tested and will be sent back to you if they are in good working order.
To the extent that such laws apply and cannot be excluded, the Australian Consumer Law shall operate alongside and in addition to these Terms of Service. For further information on the Australian Consumer Law and consumer guarantees, please visit www.consumerlaw.gov.au.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Arcasy Pty Ltd.