TERMS AND CONDITIONS

Terms & Conditions

Design Twins, Design Twins Australia and all variations of the name are all trading names and registered trademarks of Design Twins Pty Ltd.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. 

This website is operated by Design Twins.

By accessing or using Design Twins websites or services, or the mobile versions of either, (collectively the "Website") you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement") and any other applicable law, whether or not you are a registered customer of Design Twins. Design Twins may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

Ownership and Operation

Design Twins Pty Ltd is operated by M. J. Lindsay and C. A. Wilkinson. Design Twins incorporated in Australia,  ABN 31 606 433 961.

Registration

In return for permitting you to use any of the Design Twins websites and benefiting from our services, you agree that any information you provide to us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied, any contractual obligation Design Twins has is immediately null and void.

Conditions of Registration

If you are under 18, you must ask your parents or guardians before you:

 

By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or legal guardian. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents before they complete the registration process.

Copyright

You acknowledge and agree that all content included on this website including, but not limited to, website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof shall remain at all times vested in Design Twins or its content suppliers and is protected by Australian and international copyright laws. You are permitted to use this material only as expressly authorised by the applicable rights holder. Subject to the foregoing, the page headers, custom graphics and button icons are (unless indicated otherwise) service marks, trademarks, and/or trade dress of Design Twins.

Notification of Copyright Infringement

Design Twins will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Legal Department with a notice (“Notice”) containing the following elements.

  1. A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  2. A description of the copyrighted work or works that you claim have been infringed and which you request to be removed from the site;
  3. A description of the location of the material that you claim is being infringed;
  4. Information sufficient to permit Design Twins to contact you, such as your physical address, telephone number and e-mail address;
  5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law;
  6. A statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf.

Trademarks

You acknowledge and agree that trade marks included on this website shall remain at all times vested in, Design Twins or any third party licensing use thereof to Design Twins (as applicable). You further undertake not to use any such trade marks without the prior written consent of Design Twins, Design Twins Trademarks or Third Party Trademarks without the prior written consent of Design Twins or such third parties as own the applicable trade mark. The Design Twins logo is an official trade mark of Design Twins and is the subject of extensive trade mark registration worldwide.

For further information on intellectual property matters contact us: Design Twins at store@designtwins.com

Content Supplied by Users

If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including without limitation moral rights, proprietary rights or any other right, including the right to approve the way in which Design Twins uses such material.

Any material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by Design Twins anywhere in the world, in any medium, in perpetuity.

Please note that this provision does not relate to any personal data that you submit which will be dealt with in accordance with the provisions of Design Twins 'Privacy Policy' which is part of these Terms and Conditions.

Amending the Terms And Conditions of Use

Design Twins reserve the right to add to, amend, change or remove any part of these Terms and Conditions at any time. When material changes are made to the Terms and Conditions. By continuing to use this website after the publication of such changes, you are indicating your acceptance of those changes. Design Twins may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

Privacy

Design twins treats customer privacy extremely seriously. Our Privacy Policy provides details about the type of information we may collect from you and details of how we may use this information. You are asked to read our Privacy Policy, which forms a part of these Terms and Conditions and sets out the way in which your personal data is handled by Design Twins.

Site Usage

You agree that you will only use our website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. In particular you agree that you will not use this website to upload or send any material which contains software viruses or other codes, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website. You acknowledge that this website and any goods that you obtain from our website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.

Images

The majority of the product images displayed on Design twins websites and in advertisements and catalogues have been created by our own photographers, as products are handmade the image may display the sample, the final released product may have slight differences in terms of colour or pattern. 

Disclaimer: Whilst every effort is made to ensure product images and descriptions are correct when submitted on Design Twins websites we will not be held responsible for any imperfections or variations of handmade products.

Purchasing Goods

As part of the initial order confirmation process we will request Pre-Authorisation of payment from your card issuer, this will show as a pending transaction for the full value of the order, if stock is not available at Design twins within 5 days the pending transaction will be voided releasing funds back into your available balance. When stock becomes available we will process a new transaction capturing relevant funds at that point. Please make sure you have adequate funds in your account around the stock due date.

Design Twins reserves the right to decline orders for bulk or high value purchases and to change price and availability information without notice.

Product Orders

All orders placed through the Website are subject to Design Twins acceptance. This means that Design Twins may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Design Twins will issue you a refund.

Availability

Design Twins will endeavour to display availability as accurately as possible.

If we are unable to supply the goods requested we will aim to assist you in finding a suitable alternative upon which you are happy with, however Design Twins will not be bound to offer alternatives to a greater value than the item originally chosen, and a difference may be required to be paid.

If you do not wish for an alternative product we will cancel any pending transaction immediately, please be aware that funds may take several days to reallocate in your account.

In the event that we do not receive all of an order from a supplier Pre-orders will be fore filled in chronological order, we will contact any customers whom have missed out with either alternatives or refunds as mentioned above.

Pre-Order dates are provisional and although we do receive most stock on time we cannot be held responsible for any costs incurred for your time, or services you've paid for if there are delays or non supply of product.

Cancellation

In accordance with ACCC regulations you have 48 hours from the hour after you receive your order to cancel your order with us.

If you wish to do this we require notification in writing via email at store@designtwins.com

Orders for personalised items may not be cancelled if the personalisation process has been started , we therefore advise that you contact us very promptly after placing your order if you wish to cancel. If personalisation hasn't been started then there is no problem cancelling.

Personalised Items

Design Twinsregret that once an order containing Personalised items has been picked it cannot be changed or cancelled.

All Personalised Items can not be returned unless deemed to have a genuine fault.

Parcels Lost in Transit

Whilst goods are in transit to you Design Twins are responsible for ensuring delivery is at least attempted, and in the case you are unavailable to receive at the address you given to us we will supply sufficient assistance so you can locate and collect your order from the relevant delivery agent.

If you do not receive your parcel within the specified delivery time shown in the Basket, please track your parcel using the information provided in the Dispatch notification you received from us, if this doesn't assist with locating your parcel please contact us at store@designtwins.com.

We ask that we be given sufficient time to investigate with our delivery agents before either replacing or refunding goods.

We will not keep you waiting unnecessarily as we find in most cases parcels are located after investigation and are then received quicker than sending a replacement.

Returns

For items wanting to be returned as unsuitable, too big or too small we will not refund the monetary value of the goods. If goods show signs of being unfit too be sold then we will offer a refund or exchange but this is at the discretion of design twins..

We reserve the right to refuse a refund or exchange if the goods returned are deemed to be damaged or tampered with not in accordance with normal use. This does not affect your statutory rights.

Mobile Services

The Website may contain services and features that are available to certain mobile phones. Your carrier’s normal rates and fees apply.

Indemnification

You agree to indemnify, defend, and hold harmless Design Twins, its officers, directors, employees, agents, licensor’s and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.

Liability

Design Twins will endeavour to ensure that this website is fully operational at all times. However we cannot guarantee that the website will be fault free. In particular, access to this website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.

Further, by using this website and any sub-site, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of Design Twins and if Design Twins is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and Design Twins shall be excused the performance for so long as such a situation endures.

For the purposes of these Terms and Conditions, the term 'force majeure' shall be deemed to include any cause affecting the performance by Design Twins of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of Design Twins and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.

Design Twins reserves its right to restrict, suspend or terminate your use of this website or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions.

You agree to indemnify, defend and hold Design Twins, all of their associate companies, their directors, employees, information providers, licensor’s and licensees, officers and partners, (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will co-operate as fully as reasonably required by Design Twins as the case may be, in defence of any claim. Design Twins reserves the right, at their own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of Design Twins.

Alterations We may amend this website and our services in any way and at any time with or without notice to you.

Complaints and Comments

If you have any complaints or comments about our website or any of the products supplied to you, please contact Design Twins by emailing store@designtwins.com. Please allow 48hrs for us to respond to website comments and emails.

Miscellaneous

The Terms and Conditions together with our Privacy Policy contain the full and complete understanding between Design Twins and you. No advice or information, whether oral or written, obtained by you through or from the website or from any conversations with our staff will operate to vary these terms and conditions.

The Terms and Conditions together with our Privacy Policy and all contracts made under them shall ensure for the benefit of any successors and assignees of Design Twins.

Email Subscription

In situations where Design Twins gives you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions.

Website Use Restrictions

You may use the Content only for your own non-commercial use to participate in the Website or to place an order or purchase products from Design Twins. Any other use is prohibited unless agreed to by Design Twins in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website, including User Generated Content, without the prior written consent of Design Twins, unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Limitation of Liability

To the fullest extent permitted by applicable laws, none of Design Twins nor any of their respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if Design Twins have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall Design Twins total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.

Governing Law

These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of Australia whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this website from locations outside Australia do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under Australian law.

Termination

Design Twins reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. Design Twins also reserves the right to block users from certain IP addresses and prevent access to the Website. You may terminate your account at any time by clicking the “deactivate account” button in the Account Settings. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other social platforms (e.g., Facebook and Twitter), may continue to appear on the Website or on other social platforms even after your User Generated Content is removed or terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

Force Majeure

Design Twins shall not be liable for any failure to perform its obligations where such failure is a result of acts of Nature (including fire, flood, earthquake).