Please take the time to read these terms and conditions. By using our Website and the Services and information offered on our Website, you are agreeing to the Website Terms of Use. Terms and Conditions also apply if you purchase products through our Website. Please make sure you agree with these Product and Purchase Terms and Conditions, listed below, which you will be directed to read prior to making your purchase.

Definitions

Service means – processing and delivery of your orders; generating invoices and receipts; maintaining and managing your account; debt recovery actions; dealing with your enquiries for customer service purposes; market analysis and product analysis and development; marketing other products and services to you. Our / the / this etc Website means the website www.sandradillondesign.com.au Our / we / us etc means Sandra Dillon Design and any subsidiaries, affiliates, employees, officers, agents or assigns.

PRODUCT AND PURCHASE TERMS AND CONDITIONS

Orders and Payment

By placing an order with us, you are offering to purchase the selected goods for the price (including delivery and other chargers as indicated on our Website) provided by us. We are only bound to sell you the goods if we have accepted your order and received your payment. We reserve the right to reject or cancel your order for any reason, including (but not limited to) the unavailability of a product, an error in the price or product description, colour or any other characteristics posted on the Website, or an error in your order. We will notify you as soon as possible of any rejection or cancellation of an order by e-mail or phone using the e-mail address or number(s) provided, and will refund any monies paid using the original method received. We also reserve the right to take reasonable steps to verify that an order and/or credit card details we receive are genuine before we accept the order. We may send you an email to the address you provided acknowledging your order. Please note, however, that this is not an order confirmation or order acceptance from us. Unless we have notified you that we do not accept, or have rejected or cancelled, your order, your order acceptance and the creation of the contract between you and Sandra Dillon Design will take place on confirmation of your order via email. It does not take place before then, even if we have received your payment or have sent an acknowledging email (see above). Sandra Dillon Design accepts payment via PayPal, however you do not need a PayPal account to make a payment. Paypal accepts Visa and Mastercard on this website. We do not accept cash, cheques or money orders.

Ordering and Payment for Wholesale Customers

In addition to the Terms and Conditions listed above, the following applies for Wholesale Customers: Orders can be placed via phone or email. A proforma invoice with our details for EFT will then be issued. On receipt of full payment we will commence filling your order. Individual customised products (for example, a customised cake topper) do not attract wholesale rates. Wholesale rates apply to Sandra Dillon Design products only.

Qualifying for Wholesale

Our wholesale rates apply to registered businesses only. We do not accept applications from customers looking for wholesale rates for personal use. Australian wholesale customers must hold an ABN or ACN. International wholesale customers must supply proof of business trading as applicable. To receive wholesale pricing, an initial order of $550 is required (wholesale pricing, includes GST, excludes freight). The minimum amount for subsequent orders is $250 (wholesale pricing, includes GST, excludes freight). To maintain your wholesale status, a minimum spend of $500 per annum applies (wholesale pricing, includes GST, excludes freight).

Order Processing and Delivery

We will use reasonable efforts to process an order as soon as possible. With the exception of customised products, most stock will be despatched within 3 working days for standard products. Please allow 2-3 weeks for customised products or contact us to discuss your needs. Unfortunately, we are unable to guarantee time of delivery and will not be liable for any failure to observe any indicative delivery times. It is your obligation to enter the correct delivery address and other delivery instructions at time of order. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense. It is also your responsibility to inform Sandra Dillon Design if an order does not arrive. Should your parcel be lost or damaged in transit please contact us for your tracking number so you can follow up with Australia Post. We will not be held liable for any loss or damage resulting from late delivery. You agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancel an order. We will not accept liability for any loss or damage arising from items lost, stolen or damaged after despatch from our premises has taken place.

Order Processing and Delivery for Wholesale Customers

In addition to the Terms and Conditions listed above, the following applies for Wholesale Customers: We currently ship from our studio in Perth, Western Australia, using Australia Post. Other arrangements for wholesale customers can be made in advance – notify us if you prefer to use your own freight company before ordering. Please note, we do not have access to palette wrapping or forklift services. All orders require full payment before we supply. Although we aim to dispatch products as soon as possible, turnaround times are often dependent on the size of the order. As a general guide, allow 10-14 working days for dispatch from our studio. If there is a delay we will contact you. We strive to keep our website up to date and correct. In the event that a particular item is out of stock after an order has been placed, we will notify you immediately. If we cannot fulfill your order, we will suggest an alternative item or a full refund if necessary.

Tax and Other Charges

Orders will incur a GST (Goods and Services Tax) component, applied at the rate of 10%. Any duties or customs’ fees are strictly the responsibility of the customer. It is at the discretion of international customers to comply with their own state and national tax codes and shipping tax or duty charges. We will not be held liable for any affiliated costs or charges in this instance for international customers.

Display of Products and Prices on our Website

We will take measures to ensure that the products displayed on this Website (including colour, characteristics and description) are for sale and available at the prices shown. However, we take no responsibility if a product is out of stock or discontinued when you place an order. In the event that a particular material is out of stock after an order has been placed, we will notify you immediately. If we cannot fulfill your order, we will suggest an alternative or a full refund if necessary. Colours of products have been displayed as accurately as possible. Slight variations may occur because of photography and the settings of an individual’s computer screen. We will not be held liable for any objections to the colour supplied.

Security Policies and Fraud

Sandra Dillon Design takes security seriously. All credit card payments are processed securely through the PayPal Payment Gateway and Sandra Dillon Design does not store any credit card information on our servers. However, you should always be aware of the potential for fraud and theft on the internet. We use email to communicate with you. However, emails may appear to be from us but this can be forged. If you are ever in doubt, please contact us using the Contact form on our Website. If you include your phone number (and country and area code) in the Contact form message field we will endeavour to call you. For further information about PayPal please visit their website.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of our Products or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Refunds and Exchanges

Sandra Dillon Design will refund the cost of the product and associated postage if a product is found to be defective or incomplete. This finding is at the discretion of Sandra Dillon Design. Customised products do not qualify for returns, exchanges or refunds. It is the responsibility of the customer to ensure the order is correct before placement. Due to the fact that our products are made to order, a refund or cancellation is not an option. In the event that a particular material is out of stock after an order has been placed, we will notify you immediately. If we cannot fulfill your order, we will suggest an alternative or a full refund if necessary. If you receive an incorrect item, we will take steps to rectify this as soon as possible. You must notify us within 5 business days of delivery, so remember to check your orders carefully when they arrive. Buyer must take into account our description of the item before requesting a refund. If the item matches our description and the buyer is unsatisfied, we are not responsible for refund. Change of mind is not a valid reason for a return or refund. Refunds and returns are granted on a case-by-case basis. Contact us within 5 business days of delivery. Returns will not be accepted without the prior written consent from Sandra Dillon Design. All returned goods must be accompanied by order details. Returned goods must be in their original packaging. Any damage sustained in transit will mean your return is not accepted. Damage via freight or Australia Post does not qualify for refund or exchange. Extra cover comes with all orders shipped via Australia Post. We take no responsibility for parcels being damaged once they leave our studio. Should your parcel be lost or damaged in transit please contact us for your tracking number so you can follow up with Australia Post.

Governing Law 

These terms and conditions are governed by and construed in accordance with the laws of Western Australia, Australia. Any disputes concerning this Website are to be resolved by the courts having jurisdiction in Western Australia. We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Consumer Rights

You have certain rights under law which cannot be excluded, such as those offered by the consumer guarantees provided by the Australian Consumer Law. To the extent these laws apply, these terms and conditions are intended to operate alongside of your lawful rights and are not intended to limit or impede those rights.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services and our Products. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. With the exception of any warranties provided by Law which cannot be excluded, all of our Services are provided without a warranty with the exception of any warranties provided by law. Except to the extent provided by law, we are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services and Products.

Intellectual Property and Copyrights

Sandra Dillon Design retains copyright. Product designs may not be copied, reproduced or altered without written permissions from Sandra Dillon Design. All rights reserved. You must not use or replicate our copyright material other than as permitted by law.

On-Selling of Sandra Dillon Design Products for Wholesale Customers

Removal of Sandra Dillon Design branding is prohibited across all products. This includes:
  • repacking or re-branding products under another name;
  • selling products intended as sets, individually.
On-selling of our goods on auction sites will constitute a breech of your wholesale status and your wholesale status will be withdrawn immediately. It is trusted that you will attribute credit to us when selling Sandra Dillon Design products online. Violation of any of these points may result in the termination of your wholesale account.

Changes to these Terms and Conditions

We reserve the right to change these terms and conditions without prior notice in the future. All changes will be found on our Website. Some of the above information was provided by RP Emery & Associates © 2013. Additions and edits have been made by Sandra Dillon Design to ensure relevance to our organisation and Website.

WEBSITE TERMS OF USE

The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions. You agree that you will use this Website in accordance with all applicable local, state, national and international laws, rules and regulations. You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or in an obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services. We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Eligibility

This Website is intended for customers who are 18 years or older, or have consent from their parent or guardian to access it. The Website is intended for personal and trade use.

Accuracy of Content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site. The information contained on this Website should not take the place of professional advice. We will take measures to ensure that the products displayed on this Website (including colour, characteristics and description) are for sale and available at the prices shown. However, we take no responsibility if a product is out of stock or discontinued when you place an order. In the event that a particular material is out of stock after an order has been placed, we will notify you immediately. If we cannot fulfill your order, we will suggest an alternative or a full refund if necessary. Colours of products have been displayed as accurately as possible. Slight variations may occur because of photography and the settings of an individual’s computer screen. We will not be held liable for any objections to the colour supplied.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords, coupon codes and login details and for all activities carried out under your password and login.

Indemnification for loss or damage 

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement. If you wish to use content, images or other of our intellectual property, you should submit your request in writing to us at the following address: Sandra Dillon Design 3 Splendens Avenue Banksia Grove Western Australia Australia 6031

Trademarks

The trademarks and logos contained on this Website are trademarks of Sandra Dillon Design. Use of these trademarks is strictly prohibited except with Our express, written consent.

Links to external websites

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites. You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our Website at any time by notice to you.

Consumer Rights

You have certain rights under law which cannot be excluded, such as those offered by the consumer guarantees provided by the Australian Consumer Law. To the extent these laws apply, these terms and conditions are intended to operate alongside of your lawful rights and are not intended to limit or impede those rights.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. With the exception of any warranties provided by Law which cannot be excluded, all of our Services are provided without a warranty with the exception of any warranties provided by law. Except to the extent provided by law, we are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, see our Privacy Policy.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Western Australia, Australia. Any disputes concerning this Website are to be resolved by the courts having jurisdiction in Western Australia. We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Changes to the Website Terms of Use

We reserve the right to change the Website Terms of Use without prior notice in the future. All changes will be found on our Website. The above information was provided by RP Emery & Associates © 2013. Additions and edits have been made by Sandra Dillon Design to ensure relevance to Our organisation and Website.