DIYMegaStore.com.au Terms and Conditions
Definition
- The terms ‘us’, ‘our’ and/or ‘we’ shall all mean DIYMegaStore.com.au, DIY Mega Store, DIY Home Decor, DIY Wall Cladding, DIY Lighting, DIY Water Features, all products of DIY International Pty. Ltd.
- The terms ‘shopper(s)’, ‘you’ and ‘your’ shall all mean the use or customer of this website.
- The term ‘product’ includes the plural ‘products’.
Agreement of Terms & Conditions
Unless stated otherwise by Law, these Terms and Conditions and our Privacy Statement govern the use of this website by you. By using this website you agree to be bound by the Terms and Conditions and by shopping on this website you agree to these Terms and Conditions.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
You agree that this agreement and your use of this Site are governed by the laws of the State of Victoria.
Our Liability
To the extent permitted by law;
- We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
- Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Australian & International Sales
Our products are sold and shipped within Australia and selected international Countries.
The information on this site and all matters associated with the sale of our products are governed by Australian law.
Updates to these Terms & Conditions
Due to changes in applicable Law and internet technologies, we will be making amendments from time to time as required. You should check these Terms and Conditions regularly for such changes.
Pricing of Products
Our product prices displayed on this website represents the full price, including GST, for the product itself and in Australian Dollars.
Not all pricing includes delivery. You can go to Check-Out to confirm before placing orders.
We always aim to provide pricing of our products as competitively as we can and reserve the right to change prices displayed for products on our website at any time without notice, unless your order has been processed.
Age Restriction to order on this Website
If you are under the age of eighteen (18) years you cannot place orders on this website.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should we suffer any damage or losses (both financially or otherwise) as a result of a transaction entered into by a person under the abovementioned age limit, we reserve the right to seek compensation for such losses from the parents or guardians of this person who had placed any order or orders with us.
Changes to Product & Content
We may make changes in the products described on this website from time to time without notice, including other contents of this website.
We will make every effort to ensure that the product descriptions on our website are accurate however, some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified.
All depictions contained on the website are for illustration purposes only. Due to varying settings in picture inks, computer monitors and/or printer ink, colours of the actual product may vary slightly from those observed.
Content on this Website
All Content, including without limitation, any general health information is provided on or throughout the website for informational purposes only, and should not be construed to indicate that any such Content is endorsed by us, effective, or safe for your use. Always consult a qualified professional regarding using any product on this website. We make no representation or guarantee that the Content is accurate, complete or timely, and reliance on any information within the Content or provided on or through this website is solely at your own risk.
Third Party Content
This website may provide link(s) to web sites and access to content, products and services of third parties, and we make no representation or guarantee regarding, and accept no responsibility or liability for, the accuracy, quality, content, nature or reliability of web sites and content accessible from the Site(s), and you bear all risks associated with your access and use of such web sites and third party content, products and/or services. Further, links to third party web sites and content do not imply endorsement by or affiliation by us with any third party or any third party website, products and/or services.
Ownership
All rights, title and interest in and to the Site and Content are and shall remain the intellectual property and copyrighted works of DIYMegaStore.com.au, and all rights not expressly granted to you with respect to the Site and Content shall be expressly reserved. You may not use or frame any DIYMegaStore.com.au name, trademark, logo or other proprietary materials, including images posted on the Site, the Content of any text or the design of any page, or form contained on a page, without DIYMegaStore.com.au’s express prior written consent. Except as stated in these Terms of Use, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of DIYMegaStore.com.au.
Website unavailability
We do not accept responsibility in the event that this website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of DIYMegaStore.com.au.
Registration
Whether you are a member of DIYMegaStore.com.au or a non-member, you need to register in order to purchase products and services from this website. However, members may be entitled to receive discounts when purchasing and/or registering for products and services from us. Access to some areas of DIYMegaStore.com.au may also be restricted to members only. Find out more about becoming a member of DIYMegaStore.com.au and the benefits available to members.
Password or Account
DIYMegaStore.com.au members may obtain a password by logging into DIYMegaStore.com.au and registering for a password. In certain circumstances non-members may be able to obtain a password. For further information, contact us. DIYMegaStore.com.au may refuse to issue a password or account, at its sole discretion, until such time as it has satisfied itself about the identity of the user and the ability of the user to perform its obligations under these terms and conditions.
Password security
You must keep your password confidential at all times. You must not: (a) allow any other person or company to watch you enter your password when accessing DIYMegaStore.com.au (b) record your password in any manner that would indicate to any other person or company that it is the user's password. You must inform us as soon as possible if you become aware of misuse of your password or loss or theft of a record of the password, or if you suspect that the password has become known to another person or company. If you delay unreasonably in notifying us, you will be liable for any losses.
Internet Technology
Our Website uses a technology called "cookies". A cookie is a tiny element of data that our Sites can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. All pages on our Sites where you are prompted to log in or that are customizable require that you accept cookies.
If you have registered with our Sites, these cookies;
(1) may let us know who you are,
(2) are necessary to access your account information (stored on our computers) in order to deliver products and personalized services, and
(3) will provide us and our service providers with information that we will use to personalize our Sites in accordance with your preferences.
Cookies are also required to optimize your shopping experience in that they allow you to add multiple items to your shopping basket before checking out. You may set your Web browser to notify you when you receive a cookie. However, should you decide not to accept cookies from our Sites, you will limit the functionality we can provide when you visit our website.
The nature of Internet communications means that communications may be susceptible to data corruption, interception and delays and you agree that unless proven otherwise we are not responsible for any such occurrence.
this legal notice.
Payment
We only accept payment through PayPal and Credit cards (Visa and Master).
Payment will not be processed until we have received all relevant information required for processing to be completed.
The processing of payment for Orders placed on a weekend or a Public holiday will not begin until the next working day.
- PayPal - we process PayPal payments when you checkout from the product order screen.
- Credit Cards (Visa or Mastercard) - we do not accept international credit cards, only Australian credit cards are accepted. We process Credit card payments when you checkout from the product order screen. Whilst we employ the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Delivery
When your order has been despatched, you will be sent a confirmation email with your specific Tracking number to trace the status of your order.
Our freight forwarder website will provide a date of anticipated arrival but cannot provide a specific time or phone you prior to delivery, as from time to time they may face unexpected delays beyond their control.
Where possible, we recommend using a work address or an address where there will be someone present to sign off the delivery.
We will make every effort to deliver your product within the estimated delivery time but the actual delivery times may change due to changes in supply or circumstances beyond our control.
See also 'Shipping' Page for more details on delivery conditions.
Passing of Property
Property in the product passes to you upon receipt of the product by you.
Change of Mind Guarantee
Within seven (7) days from date of receiving your order if you decide that your order is not suitable then, we give you the option to return any unopened, unused item in its original packaging, that you bought from us.
Prior to returning your product, please either send an email to support@diymegastore.com.au or call us on 1300 238 288. In both cases, we will provide you with all relevant guidelines to proceed with the return. Please do not attempt to return any goods before speaking to us.
You may also be required to fill in a return form provided by us in order to proceed with the return process. Once we receive the items, we will fully refund you the amount you paid for the product(s) less freight and Transit Insurance (if taken up) costs.
Manufacturers Warranty
Our products displayed on DIYMegaStore.com.au are covered by a Manufacturer warranty. The terms and conditions of such warranties are beyond our control and it is your choice whether to use such warranties. Where possible the time of such warranty will be shown on our website.
Returns Policy
Defective Product Claim
If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a Product has a major defect, you are entitled to:
- reject the goods and receive a refund
- reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
- keep the goods and receive compensation for the drop in value caused by the problem.
If you think that a Product is defective (not damaged during transit) on receiving the order you should email to support@diymegastore.com.au for assistance within seven (7) days of receiving the goods. A photo may be requested to assist with the assessment of your claim. Where a Product is defective, is returned within 7 days from date of order received, return shipping will be arranged at the expense of DIY Mega Store. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.
For warranty claims, see conditions under 'Warranty Product Claim' below.
Exceptions
DIYMegaStore.com.au do not provide a refund, credit or exchange if you have:
- damaged the product by using it in a way it was not meant to be used.
- changed your mind and decided you no longer want the product or just don’t like it but have notified us after our 7 day Change of mind guarantee has lapsed,
- found you can buy the same or similar product elsewhere for a cheaper price after the order has been finalised and despatched,
- had a defect drawn to your attention before you purchased the product, for example, when products are clearly labelled as seconds or faulty,
- bought the goods for resale.
If the product is proven to be damaged during delivery (and Transit Insurance was taken up) and a claim is made within three (3) days from the date of receiving your Order, DIYMegaStore.com.au will replace or repair the product at our cost. If we have no further stock of the item and it cannot be repaired we will replace it with a similar product or offer you a full refund.
If the damage is discovered outside the three (3) day period email to support@diymegastore.com.au and we will determine whether circumstances are such that you can still proceed with a claim.
Warranty Product Claim
Where we have determined that, on the facts you have provided, a warranty claim may be granted, the product needs to be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that was delivered with the product and sent back to us (address as shown in 'Contact Us' page). If it is a bulky item (items that cannot be sent via Australia Post), then contact us for further assistance.
After the product has been returned a final decision on granting the claim will be made by DIYMegaStore.com.au. We reserve the right to test any returned product, and to ask you to further demonstrate that the problem with the product was not your fault.
Where it is agreed that the claim is valid a replacement or repaired product will be returned to you at our expense.
Note - Where upon receipt of the returned product we determine that the product did comply with the warranties and conditions and the condition of the product was misrepresented to us by you, the expense of returning the product to you will be charged to you.
Refund or Credit
Where a warranty claim is granted any refund will include a maximum of the total GST inclusive price paid on the original order. No refund will be given until we have received the product from you. Refunds will be issued by cheque, EFT, PayPal or a credit to your account.
You can accept a Credit from which you can order any product up to the cost value of the approved Credit amount. You will be issued with a Credit Note via email.
Replacement
Where a replacement is agreed to after a warranty claim is granted the replacement will be delivered to you at our expense after we have received your returned product.
Making a Claim for defective or warranty goods
To make a claim please email to support@diymegastore.com.au and;
- provide us with a copy of your original Tax Invoice or similar proof that the item was purchased from us.
- describe the problem you have encountered and provide evidence (eg a photograph) to support your claim
- state whether you are requesting a replacement, repair, refund or credit.
- We may request for a Claims form to be filled in by you and submit to us for records. We will issue this to you when required.
Disclaimer
The material contained in this web site has been checked for accuracy however, all material is provided without any expressed or implied warranties. Neither DIYMegaStore.com.au nor its affiliates assume responsibility for any errors or omissions in the material. In no event shall DIYMegaStore.com.au or its affiliates be liable for any special, indirect or consequential damages resulting from any use or performance of, or content errors or omissions in the material, even if notified in advance of the potential for such damages. All users of the material agree that access to and use of the material is subject to the terms and conditions stated in this legal notice, as well as all applicable Victorian laws, and such access and use is at the user's own risk. These terms and conditions are subject to change from time to time without notice.
Contact Us
If you have any concerns with, or do not understand our Terms and Conditions we encourage you to contact us and we will make every endeavour to resolve your concerns.
Contact Us and we will respond to your query as soon as possible.
What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or mailing address. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience
(your information helps us to better respond to your individual needs) - To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you) - To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs) - To process transactions
- Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To administer a contest, promotion, survey or other site feature
- To send periodic emails
- The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
Do we use cookies?
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information).
We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and keep track of advertisements.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Your Consent
By using our site, you consent to our privacy policy.
Changes to our Privacy Policy
We reserve the right to update or change our Policy from time to time.