Terms of service

Terms of Service

Welcome to Daisy Drift. These Terms of Service govern your access to and use of our website, www.daisy-drift.com, and your purchase of products from us.

Throughout these Terms of Service, the terms "Daisy Drift", "we", "us" and "our" refer to Daisy Drift. The terms "you" and "your" refer to any person who accesses our website, uses our services or purchases products from us.

By accessing our website, placing an order or otherwise using our services, you agree to these Terms of Service. If you do not agree with these terms, you should not use our website or services.

Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.

Online Store Terms

You may use our website only for lawful purposes and in accordance with these Terms of Service.

By placing an order through our website, you confirm that you have the legal capacity to enter into a binding agreement or that you have the consent of a parent or legal guardian where required by applicable law.

You must provide accurate, complete and current information when placing an order or creating an account.

Products and Product Information

We make reasonable efforts to display product descriptions, colours, images, measurements and other information as accurately as possible.

However, the appearance of colours may vary depending on your screen, device or display settings. Minor variations may also occur between products where appropriate due to manufacturing or material characteristics.

We may update product descriptions, availability or other website information from time to time.

Nothing in this section limits your rights where a product does not comply with the consumer guarantees provided under the Australian Consumer Law.

Product Availability

All products are subject to availability. Adding an item to your shopping cart does not reserve the item or guarantee its availability until your order has been accepted.

We may limit the quantities of products available for purchase where reasonably necessary, including where stock is limited or where we reasonably suspect an order is being placed for unauthorised resale or fraudulent purposes.

Prices

Prices displayed on our website are shown in Australian dollars (AUD) unless otherwise stated.

We may change product prices from time to time. Any price change will not affect an order that we have already accepted, except where an obvious pricing error has occurred and where permitted by law.

Any applicable charges will be displayed during checkout before you submit your order.

Orders

When you place an order, you are making an offer to purchase the products listed in your order.

After placing an order, you may receive an order confirmation by email. An automated confirmation acknowledges that we have received your order but does not necessarily mean that your order has been accepted.

We reserve the right to decline or cancel an order where reasonably necessary, including where:

The product is unavailable;
There is an obvious pricing or product information error;
Payment cannot be authorised or verified;
We reasonably suspect fraudulent, unauthorised or unlawful activity;
Shipping information is incomplete or invalid; or
We are unable to fulfil the order for another legitimate reason.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled portion of the order using the original payment method, subject to applicable law.

Order Information

You are responsible for ensuring that your billing, shipping and contact information is correct before submitting an order.

If you notice an error after placing an order, please contact us as soon as possible at info@daisy-drift.com.

We cannot guarantee that an order can be changed after it has entered processing or fulfilment.

Payments

Payment must be made using one of the payment methods available at checkout.

You agree to provide current, complete and accurate billing and payment information for all purchases.

Payment transactions may be processed by third-party payment providers. Your use of a payment method may also be subject to the terms and conditions of the relevant payment provider.

We may take reasonable steps to verify a transaction where necessary to protect customers and Daisy Drift against fraud or unauthorised transactions.

Shipping and Delivery

Shipping and delivery are subject to our Shipping Policy, which forms part of these Terms of Service.

Please ensure that the delivery address provided with your order is complete and accurate.

Delivery timeframes provided on our website are estimates unless expressly stated otherwise. Delays may occasionally occur due to circumstances outside our reasonable control.

Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law.

Returns, Refunds and Exchanges

Returns, refunds and exchanges are handled in accordance with our Return and Refund Policy.

Daisy Drift provides a voluntary 60-calendar-day return period for eligible change-of-mind returns, subject to the conditions stated in our Return and Refund Policy.

This voluntary return period is separate from and does not limit any rights or remedies available under the Australian Consumer Law.

Australian Consumer Law

Our products come with consumer guarantees that cannot be excluded under the Australian Consumer Law where that law applies.

Among other requirements, goods supplied to consumers must comply with applicable consumer guarantees, including requirements relating to acceptable quality, fitness for disclosed purposes and correspondence with their description.

If a product fails to meet an applicable consumer guarantee, you may be entitled to a remedy such as a repair, replacement, refund or compensation depending on the circumstances and the nature of the failure.

Nothing in these Terms of Service is intended to exclude, restrict or modify these statutory rights.

Promotions and Discount Codes

From time to time, Daisy Drift may offer promotions, sales or discount codes.

Additional conditions may apply to a particular promotion and will be communicated with the relevant offer.

Unless otherwise stated:

Discount codes must be entered at checkout;
Discounts cannot be applied retrospectively to completed orders;
Only one discount code may be used per order where the checkout does not permit codes to be combined;
Promotions may be limited to selected products or periods; and
Promotional offers are subject to product availability.

Promotional conditions do not limit your rights under the Australian Consumer Law.

Accuracy of Website Information

We take reasonable steps to ensure that information on our website is accurate and current. However, occasional typographical, technical or administrative errors may occur.

If we discover an error affecting an order, we will take reasonable steps to contact you and resolve the matter appropriately.

Personal Information

Our collection, use, disclosure and handling of personal information is described in our Privacy Policy.

By using our website, you acknowledge that information may be processed as described in that policy and in accordance with applicable privacy laws.

Intellectual Property

Unless otherwise stated, the content made available through the Daisy Drift website, including text, graphics, photographs, product images, logos, designs, website layouts and other materials, is owned by or licensed to Daisy Drift and is protected by applicable intellectual property laws.

You may access and use our website for personal and non-commercial purposes.

You must not reproduce, distribute, modify, republish, commercially exploit or otherwise use our website content without permission, except where such use is permitted by law.

Customer Reviews and Submitted Content

If you submit a product review, comment, photograph or other content to Daisy Drift, you confirm that you have the right to submit that content and that it does not unlawfully infringe the rights of another person.

You must not submit content that is unlawful, threatening, defamatory, fraudulent, misleading, obscene, malicious or that infringes another person's intellectual property or privacy rights.

Where you voluntarily submit content for publication on our website, you grant Daisy Drift permission to display and use that content for purposes reasonably connected with operating and promoting our store, subject to applicable law.

Prohibited Uses

You must not use our website or services:

For unlawful or fraudulent purposes;
To violate applicable laws or regulations;
To infringe the intellectual property or other legal rights of another person;
To transmit malicious software, viruses or harmful code;
To attempt to gain unauthorised access to our website, systems or customer information;
To interfere with the security or proper operation of the website;
To collect or misuse personal information about other users; or
To impersonate another person or misrepresent your identity.

We may restrict or suspend access to our website where we reasonably believe these requirements have been breached.

Third-Party Services and Links

Our website may contain links to or integrations with third-party websites, applications, payment providers, social media platforms or other services.

Third-party services are operated independently of Daisy Drift and may have their own terms and privacy policies.

We are not responsible for the content, availability or practices of third-party services that we do not control. You should review the applicable terms before using a third-party service.

Website Availability

We aim to keep our website available and functioning properly, but we cannot guarantee uninterrupted or error-free access at all times.

We may temporarily restrict access to parts of the website where reasonably necessary for maintenance, updates, security or other operational purposes.

Disclaimer

To the maximum extent permitted by law, information provided on our website is provided for general informational purposes and should be considered together with the specific product information provided at the time of purchase.

Nothing in these Terms of Service excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that cannot lawfully be excluded or restricted.

Limitation of Liability

To the extent permitted by law, Daisy Drift is not responsible for losses arising from circumstances outside our reasonable control or for losses that could not reasonably have been anticipated at the time a contract was entered into.

Any limitation or exclusion of liability in these Terms of Service applies only to the extent permitted by applicable law.

Nothing in these Terms of Service limits or excludes liability or consumer rights where doing so would be unlawful, including rights and remedies available under the Australian Consumer Law.

Indemnity

You may be responsible for loss or damage reasonably incurred by Daisy Drift as a direct result of your unlawful use of our website or your material breach of these Terms of Service, to the extent permitted by law.

This provision does not require you to compensate Daisy Drift for loss caused by our own acts, omissions, negligence or breach of law.

Severability

If any provision of these Terms of Service is found to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary where legally possible.

The remaining provisions will continue to apply to the extent permitted by law.

No Waiver

If Daisy Drift does not immediately enforce a provision of these Terms of Service, this does not necessarily mean that we have waived our right to enforce that provision later.

Governing Law

These Terms of Service are governed by the laws applicable in Victoria, Australia, and applicable Commonwealth laws of Australia.

Nothing in this section restricts any right you may have under applicable consumer law to bring a claim or exercise a remedy in another jurisdiction where that right cannot lawfully be excluded.

Changes to These Terms

We may update these Terms of Service from time to time to reflect changes to our business, website, services or applicable legal requirements.

The current version will be published on this website. Changes will apply from the date the updated Terms of Service are published and will not retrospectively alter the terms applicable to an order already accepted unless required or permitted by law.