Terms of Sale
The following terms (the 'Terms'), govern the ordering, purchase and delivery of dusk's products offered for sale on the website of 'dusk Australasia Pty Ltd' ('dusk', 'we', 'us', 'our') at https://www.dusk.com.au/ ('Products').
Different terms apply to the purchase or use of dusk's gift cards and are available at [ insert link to online gift cards terms
1. Availability and Description of Products
- You acknowledge and agree that:
- While we make every effort to ensure that all details, descriptions and prices of Products displayed on our website or otherwise are up to date as possible, the information appearing at a particular time may not always reflect the position exactly at the moment you place an Order;
- dusk, may withdraw, suspend from sale or make changes to the Products and their prices at any time without notice.
- Where a Product which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Product has already been processed, we will refund any money paid to us in accordance with our refund and return policy.
2. Price and Payment
- When you place an Order, we will charge you and you agree to pay the price of the Products Ordered and any applicable delivery fee.
- Unless otherwise stated, all prices, charges and fees are in Australian dollars and inclusive of GST.
- Risk and title in the Products transfers to you upon delivery or in-store collection.
- Additional terms and conditions for the delivery of Products, including applicable charges, are set out on our Shipping & Return page at https://www.dusk.com.au/s/returns-and-refunds and are incorporated into and apply to these Terms.
- Please ensure you enter the correct delivery address and contact details with your Order. We will not be liable to you for any loss you or any third party suffers as a result of, or in connection with, a delay or failure to process your Order or deliver Products due to inaccurate or incomplete details provided in an Order.
- Except as provided in our cancellation, return and refund policy's available at https://www.dusk.com.au/s/privacy-policy (Cancellation, Return & Refund Policy) or otherwise agreed by dusk, no cancellations or changes to Orders will be accepted.
4. Using our Products
4.1 Personal Use Only
You acknowledge that all Products are intended for personal non-commercial use only and will not be re-sold.
You should only use the Products solely for their intended purpose and in accordance with these Terms and any instructions or documentation, included with the Product, on our Website or otherwise provided by us.
5. Warranties & Product Returns
- Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under the Australian Consumer Law which may not be excluded, restricted or modified
- We may provide additional warranties in addition to your rights and remedies under Australian Consumer Law. Please refer to our Cancellation, Return & Refund Policy to determine the warranty term and warranty conditions for your purchase.
- Subject to clause 5(a) and 5(b):
- all express or implied conditions, representations and warranties, including any implied warranty of merchantability, for a particular purpose, or non-infringement, are denied and disclaimed;
- dusk makes no representations, warranties, covenants or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the Products.
- Purchased Products can be returned and exchanged or refunded in accordance with our including our Cancellation, Return & Refund Policy.
6. Our liability
To the fullest extent permitted by law and except as otherwise provided under these Terms:
- subject to any rights that you may have under the Australian Consumer Law, dusk excludes all liability for any loss or damage of any kind, in contract, tort, under statue or otherwise, not caused by its negligence or fraud including arising directly or indirectly from or in connection with these Terms or your use of our Products;
- dusk's liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) caused or contributed by you or any other matter outside our reasonable control.