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Terms and Conditions of Sale
1.About Domayne Online
(2)Ecomm Enterprises Pty Limited ACN 145 985 600 as trustee for Ecomm Enterprises No 2 Trust (trading as Domayne Online) of A1 Richmond Road, Homebush West NSW 2140 (“us”, “our”, “we”, “Domayne Online”), carries on business from the website. Domayne Online is an independent franchisee that has been granted a franchise by DM Online Franchisor Pty Ltd ACN 148 936 878 (“Franchisor”), and a limited licence by a related body corporate of the Franchisor to trade as “Domayne Online” from the website.
(3)Each enterprise carrying on business under the name or style including the words "Domayne" from a franchised store located in a Domayne Complex is operated by another independent franchisee pursuant to another franchise granted by a related body corporate of the Franchisor ("Other Domayne Franchisee").
(4)The goods and services described in this website are available from Domayne Online only (unless the goods or services are specified as “available in store only”), and will be available for you to make an offer to Domayne Online 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 Domayne Online accepts your offer, Domayne Online will sell the goods or services to you in accordance with these Terms and any Catalogue Terms.
(5)Domayne Online does not make, or authorise any offer or representation that is specified as “available in store only” or otherwise is made by any Other Domayne Franchisee and does not represent that any goods or services in this website will be offered by or available from any Other Domayne Franchisee at the specified price, or at all.
(6)Goods or services specified as “available in store only” may not be on display or available from each Other Domayne Franchisee, and where the goods or services are available from an Other Domayne Franchisee, the price for those goods or services may vary from the price shown in this website. Please call 1800 DOMAYNE (1800 366 296) before attending any Domayne Complex to enquire whether an Other Domayne Franchisee has the goods or services on display or available. Each Other Domayne Franchisee has a Raincheck Policy.
(7)Each of the Franchisor, and each related body corporate of the Franchisor does not publish, make, or authorise any offer or representation by this website and does not represent that any goods or services in this website will be offered by or available from any Other Domayne Franchisee at the specified price, or at all, or otherwise sell any goods or services to consumers throughout Australia under the name or style including the words “Domayne”.
(8)You and Domayne Online may enter into a sale contract for the sale and supply of products, by you making an offer to Domayne Online via the website, to purchase goods at the specified price, subject to these Terms.
(9)The “Domayne” logo and words are registered trade marks of Harvey Norman Retailing Pty Ltd and used under a limited license by Domayne Online and by Other Domayne Franchisees.
(10)In these terms:
§“you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
§a reference to a “third party” in these terms includes a reference to any agent or contractor of Domayne Online, the Franchisor, or of any of their 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.
§a reference to the "website" means www.domayneonline.com.au.
§"Order" means an offer made by you in response to an invitation to treat made by Domayne Online via the website.
(1)By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(2)These Terms 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 will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
3.Guests and Registered Users
(1)You may access and/or use the website as a guest or as a member.
(2)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 our Customer First Team.
(3)You will receive an email from us as soon as practicable after you create your membership account.
(4)We only permit one registration per email address.
(5)You must not use another members’ account without permission.
(6)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.
(7)If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact our Customer First Team.
(8)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.
(1)You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
(2)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;
(iii)agree that you have entered into a legal contract with Domayne Online in relation to these terms; and
(iv)these terms, together with your order, constitute the entire agreement between you and Domayne Online for the supply of products.
(3)Domayne Online 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 Domayne Online may suffer as a result of a transaction entered into by a minor.
(1)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.
(2)Representations of products for sale made by Domayne Online via the website do not constitute an offer to sell but an invitation to treat.
(3)You and Domayne Online 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 Domayne Online.
(4)Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms.
(5)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 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) Domayne Online receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(6)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 Domayne Online for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(ii)to the extent permitted by law, Domayne Online 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)Domayne Online 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)Domayne Online 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.
(7)You will receive an email from Domayne Online as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer First Team.
(8)If your Order is not accepted by Domayne Online, Domayne Online will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(9)Domayne Online 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.
(10)Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Domayne Online cannot supply a particular product, Domayne Online will notify you by telephone or email as soon as possible.
(11)Domayne Online will be deemed to have accepted your Order when your Order is delivered to your specified delivery address or on collection of your Order from a Domayne Store.
Domayne Online is unable to accept a Domayne Gift Card as a payment option for any Order.
(1)Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
(2)Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Domayne Online.
(3)Images of products shown without any advertised price beside that image are not offered for sale.
(4)Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(5)We reserve the right to correct any errors published on the website.
(1)All payments must be made in full prior to delivery.
(2)Payments must be made via the TNS or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
9.Supply and Delivery
(1)Subject to you complying with these Terms and acceptance of your Order by Domayne Online, Domayne Online will sell and supply the products to you as shown on your Order confirmation.
(2)Products may not be available for immediate delivery. Domayne Online will endeavour to deliver your Order to you within ten (10) days of the date you placed your Order, except if the Order is for an item of furniture.
(3)Items of furniture are generally not held in stock and will be required to be ordered. You agree that your Order for any item of furniture may take up to ten (10) weeks to be delivered to you from the date you placed your Order. This timeframe is the average manufacturing lead time required by suppliers. Domayne Online will contact you on or about the time we receice your Order to notify you of the indicative delivery date.
(4)When you complete your Order you will be prompted to select whether you wish to collect your Order from a Domayne Store or to have the Order delivered to an address specified by you.
(5)Other than in respect of Orders for furniture, regional or remote areas, if Domayne Online gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Domayne Online will arrange for a full refund of any payment made by you to be processed.
(6)Delivery times may be greater than 10 business days for regional or remote areas.
10.Delivery by Post or Carrier
(1)The terms of this clause apply where you select to have your goods delivered to a specified address.
(2)The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
(3)On receipt of your Order by Domayne Online, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order.
(4)If you Order large or bulky items, Domayne Online will contact you by telephone or email to arrange with you a suitable time for delivery.
(5)You will be required to be available in person to accept delivery of your Order.
(6)If you wish to change the delivery date or delivery address you must the Customer First Team know at least 48 hours prior to the dispatch of your Order.
(7)Domayne Online will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Domayne Online does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(8)You must advise at the time you place your Order via the website or later when you discuss delivery with Domayne Online, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). 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.
(9)Domayne Online cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
11.Orders for Collection at a Domayne Store
(1)The terms of this clause apply where you select to collect your Order from a Domayne Store.
(2)If you select to collect your goods from a Domayne Store, a representative of the relevant Domayne Store will contact you by telephone or email to notify you when the Order is available for collection.
(3)Orders for collection at a Domayne Store must be collected within 21 days of the relevant Domayne Store giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, the relevant Domayne Store has the right to allocate those goods to another customer and reorder the goods for you.
12.Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
13.PayPal and credit card fraud
(1)The website employs the latest in Secure Sockets Layer technology from Comodo, TNS and PayPal secure payment gateway to secure our payment systems.
(2)To the extent permitted by law, each of Domayne Online and the Franchisor will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.
14.Disclaimer and Indemnity
(1)To the extent permitted by law, each of Domayne Online and the Franchisor and each of their 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 websites 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.
(2)Except as expressly provided in these terms, and to the fullest extent allowed by the law, Domayne Online 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.
(3)You will at all times indemnify, and keep indemnified, Domayne Online, the Franchisor, 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.
(4)This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
If you have any query about the progress of your Order please contact the Customer First Team. Please have your Order number handy as shown on the email confirmation.
16.Damaged or Faulty Products and Refund Policy
(1)If any product ordered by you arrives damaged or is not of acceptable quality you may have:
(a)rights under the Refund Policy;
(b)legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
(c)to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
(2)Please choose carefully as Domayne Online will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.
(3)If your Order arrives damaged, please contact the Customer First Team.
17.Privacy and Personal Information
(2)The privacy of your personal information is important to Domayne Online.
(3)Domayne Online and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact our Customer First Team. Personal information may include your name, residential and/or postal address, telephone number and email address.
(4)Your personal information is not collected if you only browse this website.
(5)Online payments are handled by TNS and Paypal. Domayne Online does not store your credit card or banking details. Please check the www.tnsi.com and paypal.com.au websites for details of their privacy policies and security measures.
(6)Each of Domayne Online, the Franchisor, their related bodies corporate and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Domayne Online and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that Domayne Online thinks may be of interest to you. If you would prefer not to receive promotional or other material from Domayne Online or its third parties, please let us know and Domayne Online will respect your request. You also agree that Domayne Online may contact you by telephone to arrange delivery or collection of your Order.
(7)You may request Domayne Online to remove your personal information from its database by emailing the Customer First Team.
Domayne Online 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.
(1)These terms 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 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.
(2)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. Domayne Online makes no representations that the content of the website complies with the laws of any country outside Australia.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Domayne Online.
21.Transfer and Assignment
If Domayne Online merges, sells or otherwise change control of its business or this website to a third-party, Domayne Online reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Domayne Online has collected from you and any agreements it has made with you.
The failure by Domayne Online to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Domayne Online.
DM Online Terms and Conditions of Sale Version 3.3 November 2015