Terms of Sale
About Daqua online
This website is operated by D’RENATO Pty Ltd (ABN 956 121 682 06) trading as D’Renato. Throughout the site, the terms “we”, “us” and “our” refer to D’aqua Pty Ltd.
Daqua offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. Website Information
- Images of goods published in this website without any advertised price beside that image are not offered for sale via the website, and can be ordered in-store.
- Photographs are for illustrative purposes only and may vary from goods depicted or described.
- The information, materials and services in this website is provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
- This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
2. Your Use Of Website
- As electronic websites are subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither the Publisher nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.
3. Intellectual Property Right
- You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
- Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service or (any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. The Publisher makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
- Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).
- Where the Goods and/or proceeds are not readily identifiable and/or traceable or their recoverable value is insufficient to pay the Indebtedness, the security interest shall also extend to all the Goods present and after acquired by the Customer, of which the Goods form part, to the extent required to secure the Indebtedness.
- We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
4. Accuracy Of Billing, Cancellation and Claims
- Please choose carefully as Daqua will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.
- If you change your mind about an online purchase, you can cancel your order within 24 hours by emailing email@example.com
- You must not return any Goods to us without obtaining our prior authorisation. No returns will be accepted unless a copy of the relevant invoice is enclosed with the returned Goods. A list of the Goods returned including product descriptions, quantity, date of return and your name and address must also be enclosed.
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- All goods returned must be of merchantable and reasonable quality such that the goods are complete in their original packaging, not shop-soiled, are not price ticketed and are still listed in the current price list.
- All complaints, claims, or notification of lost Goods, incomplete Goods, Goods damaged in transit or Goods that do not comply with your purchase order must be submitted to us in writing within fourteen (14) business days of the date of the invoice rendered for the supply of the Goods. Otherwise, you are deemed to have accepted the Goods and shall not refuse to pay for the Goods on the basis that they were lost, incomplete, damaged in transit, or do not comply with your purchase order.
- Your online Order must be paid for in full before we can begin arrangements for the manufacture or supply of the products to you.
- Any order that cannot be fulfilled on its receipt will automatically be back ordered and processed when stock becomes available unless it is your stated standard policy not to accept back orders or you specifically mark its order, "Do Not Back Order". Deliveries at any time are subject to availability of stock and we will not be liable for any charges due to product unavailability.
- Once an Order has been accepted, no cancellation of that Order is valid unless you receive our written communication endorsing the cancelled order
- You acknowledge that the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by D’AQUA 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;
- If your Order is not accepted by Daqua, Daqua team will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
6. Prohibited Uses
- In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
7. Supply and Delivery
- The terms of this clause apply where you select to have your goods delivered to a specified address.
- The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
- Delivery times may be greater than 12 business days for regional or remote areas.
- Space cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
- If you wish to change the delivery date or delivery address you must contact us at firstname.lastname@example.org at least 48 hours prior to the dispatch of your Order.
- You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery.
8. Orders for Collection at Daqua Store
- If you select to collect your goods from a Daqua Store, a representative of the relevant Daqua Store will contact you by telephone or email to notify you when the Order is available for collection.
- Orders for collection at a Daqua Store must be collected within 21 days of the relevant Daqua 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 Daqua Store has the right to allocate those goods to another customer and reorder the goods for you.
- If you have any query about the progress of your Order please contact us at email@example.com. Please have your Order number handy as shown on the email confirmation.
9. Privacy and Personal Information
- Online payments are handled by TNS and Paypal. Daqua 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.
- Your personal information is not collected if you only browse this website, however when you make a purchase from us, we will ask you for your name, home address, email address and phone number. Although you are not required in every circumstance to give us this information to complete your purchase. Should you choose not to provide it to us, we will be impeded in assisting you if you have problems or concerns with your purchase in the future, particularly if you do not retain your sales invoice. If you make a purchase using a credit card, we collect your name, email address, billing address for the card, type of card, card number and card expiration date. We require this information in order to process your purchase. If you choose to make a payment over the phone, we will require the security code off the back of your credit card. For home delivery, we need your contact details so we can arrange with you the delivery of your goods. We may also pass your details to other organisations who undertake these services for you on our behalf. To be on our mailing list, we collect your name, mobile number, mailing address and email address. In some instances, we may ask for some demographic information for market research purposes.
- You may request Daqua to remove your personal information from its database by emailing us at Daniel@daqua.com.au
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- No warranties except those implied and that by law cannot be excluded are given by us in respect of Goods supplied. Where it is lawful to do so, our liability for a breach of a condition or warranty is limited to the repair or replacement of the Goods, the supply of equivalent Goods, the payment of the cost of repairing or replacing the Goods or acquiring equivalent Goods, as determined by us.
- You agree to indemnify, defend and hold harmless D’Renato Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
14. ENTIRE AGREEMENT
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
15. GOVERNING LAW
- These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 265 Swan St Victoria AU 3121.
16. CHANGES TO TERMS OF SERVICE
- You can review the most current version of the Terms of Service at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.