Terms and Conditions
These terms and conditions apply to all purchases made from DESIGN 53 PTY LTD
1. Orders & Delivery:
All orders placed through this web site are subject to confirmation and acceptance DESIGN 53 PTY LTD. DESIGN 53 PTY LTD may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. DESIGN 53 PTY LTD requests payment for increased prices, you may cancel the order by giving notice to DESIGN 53 PTY LTD, which must be received within seven days of the announcement of the increase. DESIGN 53 PTY LTD will deliver the goods you order to the address you specify in your order, within the agreed time frame, subject to their availability. Where the goods are not available you will be notified of this by DESIGN 53 PTY LTD as soon as possible. Anyone at the delivery address who receives the goods will be presumed by DESIGN 53 PTY LTD to be authorized to receive the goods. If no-one to receive the order, DESIGN 53 PTY LTD may charge you additional delivery fees. Once the goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged.
2. Returns & Refunds
DESIGN 53 PTY LTD accepts returned undamaged and unpacked products bought online within 7 days of receiving goods. DESIGN 53 PTY LTD will charge 10% re-stock fee and will refund the balance of the payments once the returned products were inspected for acceptance.
3. Prices & Payment:
For each online order, you must pay: 1. the applicable price for the relevant goods confirmed by DESIGN 53 PTY LTD; and 2. the delivery and handling fee specified on the web site at that time. Your order and credit card details are safe and secure. All personal and credit card information provided to DESIGN 53 PTY LTD is encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. At this stage we can only accept payments using the methods stated in the Orders & payment section of this web site. We are unable to accept COD charges. Payment must be cleared before the goods are dispatched unless you have approved credit facilities with DESIGN 53 PTY LTD. Prices and range on this web site may vary from DESIGN 53 PTY LTD warehouse.
All our products are sent to you in good condition and packaged correctly, we cannot guarantee the condition of the product on arrival.
5. Your Account
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorized person. You agree to release and indemnify DESIGN 53 PTY LTD in connection with any use (whether authorized or unauthorized) of your user name or password DESIGN 53 PTY LTD may suspend or cancel your account at any time without prior notice.
6. Images and Graphics
DESIGN 53 PTY LTD aims to include up-to-date images and/or graphics of all of the goods on this web site. However, our picture of the goods may differ from the actual goods. We recommend you read the labels on the goods carefully before using the goods.
DESIGN 53 PTY LTD will comply with DESIGN 53 PTY LTD 's Privacy Statement DESIGN 53 PTY LTD will not reveal your personal information to external organizations except for the purposes of fulfilling your order.
Any liability of DESIGN 53 PTY LTD in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of DESIGN 53 PTY LTD be limited to:
1. in relation to goods, the replacement of the goods or the supply of equivalent goods; and
2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
9. Changes To Terms
Each order is governed by the terms and conditions current when the order is placed. DESIGN 53 PTY LTD may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.
10. Applicable Law
All purchases, and these terms and conditions, are subject to the laws of New South Wales, Australia.
Exclusion and limitation of liability
TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
1. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
2. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:
a. in relation to goods
i. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
ii. the repair of the goods or payment of the cost of having the goods repaired;
b. in relation to services
i. the supplying of the services again; or
ii. The payment of the cost of having the services supplied again as in each case we may elect.