Terms of Service
1. About Devirra Group
(b) Devirra Group A.C.N. 127 317 668 of Unit 3 – 4, 17 Willfox Street, Condell Park, New South Wales, Australia 2200 (“Devirra Group”), carries on business from the website.
(c) The products described in this website will be available for you to make an offer to Devirra Group via the website to purchase at the specified price on or before the end date specified in a current catalogue, or until otherwise removed from the website or as specified, and where Devirra Group accepts your offer, Devirra Group will sell products to you in accordance with these Terms of Sale and any terms contained in a catalogue or catalogues.
(d) You and Devirra Group may enter into a sale contract for the sale and supply of products, by you making an offer to Devirra Group via the website, to purchase products at the specified price, subject to these Terms of Sale.
(e) In these Terms of Sale:
(i) “you”, “user”, “member”, and “guest” means any one who visits and/or uses this website;
(ii) a reference to a “third party” in these Terms of Sale includes a reference to any agent or contractor of Devirra Group or of any of its related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them;
(iii) a reference to the "website" means domatcha.com.au or domatcha.co.nz; and
(iv) "Order" means an offer made by you in response to an invitation to treat made by Devirra Group via the website.
2. User Agreement
(a) By accessing and/or using the website, you accept these Terms of Sale and agree to be bound by them, and an agreement is formed between us and you.
(b) These Terms of Sale may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms of Sale will represent an agreement by you to be bound by these Terms of Sale as amended. We recommend you review the Terms of Sale for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended Terms of Sale, you agree to receive email notification of the amendments from us or our third party.
3. Guests and Registered Users
(a) You may access and/or use the website as a guest or as a member.
(b) To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting an Devirra Group customer service representative on firstname.lastname@example.org.
(c) You will receive an email from us as soon as practicable after you create your membership account.
(d) We only permit one registration per email address.
(e) You must not use another members’ account without permission.
(f) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(g) If you forget your password you may click on the relevant link located on the website and we will email you a new password.
(h) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these Terms of Sale.
4. Legal Capacity
(a) You must be eighteen (18) years of age or over to register as a member of this website or purchase products from this website.
(b) Any Order and/or purchase made by you using this website is an acknowledgement by you that you:
(i) are over the age of eighteen (18) years;
(ii) accept these Terms of Sale;
(iii) agree that you have entered into a legal contract with Devirra Group in relation to these Terms of Sale; and
(iv) these Terms of Sale, together with your order, constitute the entire agreement between you and Devirra Group for the supply of products.
(c) Devirra Group reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage Devirra Group may suffer as a result of a transaction entered into by a minor.
(a) Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
(b) Representations of products for sale made by Devirra Group via the website do not constitute an offer to sell. All such representations shall constitute an invitation to treat.
(c) You and Devirra Group may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
(i) placing an electronic Order for the products using the website;
(ii) you confirming the Order details in accordance with the procedure on the website;
(iii) you making payment in full (plus any applicable delivery charges) on the website; and
(iv) the acceptance of that offer by Devirra Group.
(d) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
(i) any requirements set out in these Terms of Sale have been met;
(ii) the electronic instruction containing the offer from you enters and is recorded in our database;
(iii) a record is created and stored in our database; and
(iv) Devirra Group receives in its bank account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by Devirra Group.
(e) You acknowledge that:
(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Devirra Group for reasons beyond either parties' reasonable control including but not limited to, electronic, mechanical, software, computer, or telecommunications failure, or the omission or failure of third party website providers or systems;
(ii) to the extent permitted by law, Devirra Group is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) Devirra Group may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(iv) Devirra Group may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(f) You will receive an email from Devirra Group as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact an Devirra Group customer service representative on email@example.com.
(g) If your Order is not accepted by Devirra Group, Devirra Group will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed by credit card.
(h) Devirra Group may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
(i) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Devirra Group cannot supply a particular product, Devirra Group will notify you by telephone or email as soon as possible.
(j) Devirra Group will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.
(a) Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
(b) Images of products shown without any advertised price beside that image are not offered for sale.
(c) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(d) We reserve the right to correct any errors published on the website.
(a) All payments must be made in full prior to delivery.
(b) Payments must be made via the website.
8. Supply and Delivery
(a) Subject to you complying with these Terms of Sale and acceptance of your Order by Devirra Group, Devirra Group will sell and supply the products to you as shown on your Order confirmation.
(b) Products may not be available for immediate delivery. Devirra Group will endeavour to deliver your Order to you within ten (10) business days of the date you placed your Order, except if the Order is for stock not currently held. In such case, the stock will be required to be ordered by Devirra Group. You agree that your Order for any stock not currently held by Devirra Group may take up to ten (10) weeks to be delivered to you from the date you placed your Order. Devirra Group will contact you on receipt of your Order to notify you of the indicative delivery date.
(c) Other than in respect of Orders to regional or remote areas, if Devirra Group gives you notice that it will be unable to deliver your Order within ten (10) business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Devirra Group will arrange for a full refund of any payment made by you to be processed.
(d) Delivery times may be greater than ten (10) business days for regional or remote areas.
9. Delivery by Post or Carrier
(a) All items purchased on the website will be delivered to your nominated delivery address.
(b) The delivery address must be an address within Australia and cannot be a freight forwarding location.
(c) On acceptance of your Order by Devirra Group, your Order will be dispatched to your specified delivery address generally within ten (10) business days of the date you placed your Order.
(d) If you Order large or bulky items, Devirra Group will contact you by telephone or email to arrange with you a suitable time for delivery.
(e) You will be required to be available in person to accept delivery of your Order.
(f) If you wish to change the delivery date or delivery address you must contact an Devirra Group customer service representative on firstname.lastname@example.org 48 hours prior to the dispatch of your Order.
(g) Devirra Group will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Devirra Group does not warrant that these timeframes will be met, as many factors may affect these timeframes.
(h) Time is not of the essence in respect of the fulfillment of any Order.
(i) You must advise at the time you place your Order via the website or later when you discuss delivery with Devirra Group, of any difficulties that may be involved in the delivery of your purchased items. If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.
(j) Devirra Group cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
10. Title and risk in products
Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
11. Credit card fraud
To the extent permitted by law, each of Devirra Group and its related bodies corporate will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card is fraudulently used or is used in an unauthorised manner.
12. Disclaimer and Indemnity
(a) To the extent permitted by law, each of Devirra Group and its related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(i) errors, mistakes or inaccuracies on the website;
(ii) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(iii) personal injury or property damage of any kind resulting from your access or use of the website;
(iv) any unauthorised access to or use of the website's secure servers;
(v) any interruption or cessation of transmission to or from the website;
(vi) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
(vii) the quality or fitness for any purpose of any linked sites.
(b) Except as expressly provided in these Terms of Sale, and to the fullest extent allowed by the law, Devirra Group and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(c) You will at all times indemnify, and keep indemnified, Devirra Group and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms of Sale.
(d) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Commonwealth of Australia).
13. Order Enquiries
If you have any queries about the progress of your Order please contact an Devirra Group customer service representative on email@example.com. Please have your Order number handy as shown on the email confirmation.
14. Damaged or Faulty Products
(a) If any product ordered by you arrives damaged or is not of acceptable quality you may have legal rights and remedies in Australia under the Competition and Consumer Act 2010 (Commonwealth of Australia) and other rights under other consumer laws applying in each Australian State and Territory to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
(b) Please choose your purchases carefully as Devirra Group will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.
(c) If your Order arrives damaged, please contact an Devirra Group customer service representative on firstname.lastname@example.org.
15. Privacy and Personal Information
16. Force Majeure
Devirra Group will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
17. Governing Law
(a) These Terms of Sale will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, Australia. If any provision of these Terms of Sale is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
(b) If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Devirra Group makes no representations that the content of the website complies with the laws of any country outside Australia.
If any part of these Terms of Sale are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these Terms of Sale and the remaining terms and provisions of these Terms of Sale will remain in force and constitute the agreement between you and Devirra Group.
19. Transfer and Assignment
If Devirra Group merges, sells or otherwise changes control of its business or this website to a third-party, Devirra Group reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Devirra Group has collected from you and any agreements it has made with you.
The failure by Devirra Group to exercise or enforce any right or provision under these Terms of Sale will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms of Sale will only be effective if it is in writing and signed by Devirra Group.