DPMA ONLINE TERMS AND CONDITIONS
In this document, Design Print Mail Australia will be referred to as DPMA.
- DPMA is the operator and owner of this website
- The site is a shopping website where you can browse, select and purchase products from Design Print Mail Australia ABN 94 736 281 483 (“DPMA”, “use”, “we”)
- Your access to and use of the site, including your orders and purchases of products through this site, is governed by these terms and conditions.
- You agree to be bound by, and comply with, these terms and conditions.
- You agree to comply with all relevant laws relating to your use of the site and your placement of any order through the site.
- You agree not to use any data listed on the site for commercial purposes e.g. through price or information scraping.
3. Your Account
- If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must be 18 years or older to purchase products through this site. If you are under 18 years of age, you may use the site only with the involvement of a parent or guardian. DPMA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
4. Placing an order for products
- You may purchase products by selecting and submitting your order through the site in accordance with these terms and conditions.
- All prices, fees, taxes and other charges quoted on the site are in Australian Dollars/Currency (AUD).
- Any order placed through this site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges, fees and taxes) at the time you place your order, on the terms and conditions set out in these terms and conditions.
- We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site.
- You agree to provide us with current, complete and accurate details in response to requests by us, to you, for information.
5. Acceptance or rejection of an order
- In certain circumstances, we may need to reject your order, including but not limited to where the requested product is not available or if there is an error in the price or the product description posted on the site.
- Each order placed for products through the site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will:
- Supply the products in that order to you in accordance with these terms and conditions; and
- Send you an email confirmation of that order – though with the nature of the internet we cannot guarantee receipt. Please add the DPMA email address in your contact address book to ensure emails are not sent to junk mail or blocked by your firewall.
- If we reject an order placed through the site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
- In the interests of all our customers, we may refuse to supply products to you if multiple orders are placed for large quantities of the same product for the same billing or shipping address.
6. Delivery of products
- We will only deliver products ordered through the site to a location where we provide delivery services – within mainland Australia and Tasmania. We do not deliver products internationally including Christmas Island and Easter Island. You may receive multiple deliveries for your order and if that is the case, we will advise you via email. We or our delivery company may need to contact you to arrange a delivery date for certain products.
- DPMA will not accept orders from overseas based users and will not deliver products to any international destination.
- You may obtain further information on the site about our delivery timeframes. The delivery fee for your order depends on the type of product you order – in particular the size and weight of the product.
- You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the site.
- An appropriate person must be present to accept delivery of your order.
- We may require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and
- If there is no appropriate person at the delivery address to receive the order or you are unable to show us the credit card for us to conduct verification checks, then we will not deliver the products you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.
- You acknowledge and agree that any person at the delivery address who receives the product/s is authorised by you to receive your order.
7. Cancelling an order
- We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
- The products in that order are not available; or
- There is an error in the price or the product description posted on the site for the product in that order; or
- Your order has been placed in breach of these terms and conditions.
- If we cancel any part of an order in accordance with clause 7.1 then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order. If any payment has been taken, then the full payment amount, including the delivery fee and any other fees and charges, will be refunded to your original payment method or through an alternative means.
- You may cancel an order (whether it is accepted by us or not) by contacting our customer service team at email@example.com at any time prior to the despatch of that order. On cancelling the order, we will refund you your payment to your original payment method or through an alternative means. If we cannot stop the shipment of the order at the time of cancellation, then you will be required to refuse delivery or return the products in order to receive a refund in accordance with the DPMA Returns Policy (please refer to DPMA Returns Policy on this website for more information).
8. Fees and charges
- We will charge you, and you agree to pay the purchase price of each product that is ordered, the freight and handling fee for your order that we notify to you when you place your order (“Freight Fee”) and any other fees and charges set out in these terms and conditions.
- All fees and charges identified in these terms and conditions and all process for the products include GST where applicable. All monetary values quoted on this site are in Australian Dollars/Currency (AUD).
- The purchase price of each product is shown on the product list on the site at the time you place your order. The purchase price of a product on the site may not be the same or correspond to the prices in our office and we are not obliged to match any prices.
- Prices for products change from time to time and we not provide any notice of these changes. Subject to these terms and conditions (in particular, our right to cancel an order if there is an error in the price or the product description posted on the site for the product in that order), once we have accepted your order, we will not change any prices that apply to the products in that order.
- If you cancel an order then we will refund any amounts paid by you for that cancelled order in accordance with the DPMA Returns Policy.
9. Payment methods
- You may pay the fees and charges for an accepted order with any of the following payment methods:
- Debit cards displaying a Visa or MasterCard logo
- If we are unable to successfully process your nominated payment method (being the applicable debit card or credit card payment) for your order that is accepted by us, then we may cancel your order.
- If you choose to pay by credit card, you authorise us to debit the amount that is payable from your nominated credit card for an accepted order.
- You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
- We will provide you with a tax invoice at time of delivery which specifies the total fees and charges for the products in the order. Please retain this invoice for future queries, warranties etc.
10. Damaged products and returns
- The DPMA Returns Policy applies to all purchases of products using the site and forms part of these terms and conditions. If you suspect that a product is damaged upon delivery then you should refuse to take receipt of that product and notify us immediately by emailing firstname.lastname@example.org or phoning our customer line – (07) 3205 2525.
- Subject to clause 11(b), we exclude all implied terms and warranties whether statutory or otherwise, relating to the site or the subject matter of this agreement. You acknowledge that the site is provided “as is” and that we do not make any warranty or representation as to the suitability of the site or a product for any purpose.
- Subject to clause 11(b), we will not be liable for any indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
- To the extent permitted by law and subject to clause K(e), and any rights to which you may be entitled under the DPMA Returns Policy, our liability to you for any loss or damage arising out of or in connection with the supply of goods or service under this agreement, your use of the site or any breach by us of this agreement however arising (whether for breach of the terms of this agreement, tort (including negligence), statute, equity otherwise at common law or on any other basis) is limited to one of the following remedies (at our option):
- In the case of services: the resupply of the services; or the payment of the cost of resupply; and
- In the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
- Our liability to you for loss or damage of any kind arising out of this agreement in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
- Nothing in these terms and conditions is intended to have the effect of excluding, restricting or modifying:
- The application of all or any of the provisions of Part 5-4 of Schedule 2 to the Competition and Consumer Act 2010 (the ACL); or
- The exercise of a right conferred by such a provision; or
- Any liability of DPMA in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
- We may immediately suspend, terminate or limit your access to and use of the site and (where relevant) your account if you breach these terms and conditions and:
- The breach cannot be remedied; or
- You fail to remedy the breach within 10 days of our notice to you of that breach; or
- If there is an emergency.
- We may stop making the site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.
13. Changes to these terms and conditions
- For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
- We will not change any terms and conditions for an existing order that has been accepted by us; the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.
- We will collect your personal information through your use of the site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:
- For the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the site;
- With, to and from third parties who provide services to us in relation to online shopping. These may including mailing houses, call centres, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions; and
- For other purposes to which you consent to (either express or inferred consent).
- You may request access to the personal information that we and/or our contractors hold about you, although under some circumstances permitted by law, we may not provide such information to you. We may ask you to put your request in writing and pay a reasonable fee levied by us for this.
- When you choose to opt in or opt out of the receipt of direct marketing from DPMA, it relates exclusively to DPMA goods and services.
- If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity of enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
- This agreement is governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
16. Risk of loss
- DPMA will have no responsibility or liability in relation to any loss or damage which may incur, including damage to your software or hardware, arising from your use of or access to this site.
- Risk and title to product passes to you on the date and time of delivery of those products to the specified delivery address.
17. Product descriptions and images
- Not all products shown on the website are available at all times.
- While DPMA attempts to be as accurate as possible many products displayed vary in colour, style and size. DPMA does not warrant that product descriptions or images or any other content of this site is accurate, complete, reliable, current, or error-free.
18. Other businesses
- This site may include links to third party sites which are not related to DPMA and in relation to which DPMA has no control or interest. The appearance of those links on this site does not indicate any relationship between DPMA and that third party or any endorsement by DPMA of that third party, its site or the products or services which it is advertising on this site.
- Capitalised terms use are defined these terms and conditions. In these terms:
- Contact Hours means 8.30am to 5.00pm, Monday to Friday AEDST
- Delivery Address means the address specified by you during the registration and checkout process for the delivery of products that we will supply to you under these terms and conditions.
- GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (C’wealth).
- Product means each good or service that is advertised on this site.
- Site means the DPMA website found at www.dpma.com.au . All costs, fees, prices and other charges are calculated and quoted in Australian Dollars (AUD) and include GST.
DPMA July 2019