Our terms
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you. Please read these terms carefully before you submit your order to us.
2. Information about us and how to contact us
2.1 Who we are. We are Divine Arts Company Pty Ltd a company registered in Australia. Our ABN is 20127105417 and our registered office is at 36 Freeman Road, Durack, Qld., 4077.
2.2 How to contact us. You can contact us by telephoning us at +61416949094 or by writing to us at [email protected].
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you accepting it, confirming that we have received your payment. At this time a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product(s). This might be because a product is out of stock, because we have identified an error in the price or description of a product or because we are unable to meet a delivery deadline you have specified.
3.3 We accept orders from within and outside Australia, but we currently only deliver to addresses within Australia unless specifically negotiated with the purchaser. Unfortunately, we do not deliver to P.O. Boxes.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of a product. Your product may vary slightly from those images. Only the items that are clearly listed in the product description are included in the sale price. All other products represented in the photographs are purely props for visual purposes only.
4.2 Our products are hand made and individual. Small irregularities in the product add to the character and quality of the piece. Do not view them as flaws, rather a celebration of the preciousness of the hand-crafted.
5. Price and payment
5.1 When you must pay and how you must pay. You must pay for the products before we dispatch them. All prices are in Australian dollars.
6. Providing the products
6.1 Delivery costs. Unless extra charges arise under clause 6.3, the cost of delivery will be as advised to you on our website when you order and is included in the total price you pay.
6.2 Delivery times. Our website shows our standard delivery times within Australia. These may vary according to state and location. Once your order is placed we will contact you to confirm your estimated delivery date, which will be based on these standard delivery times. If you have a specific delivery date request, please tell us this in the notes section when you complete the order checkout (or give us a call ahead of ordering) and we will do our very best to meet this if we can. If we can’t, we won’t accept your order and will refund your payment.
6.3 If you are not at home when the product is delivered. If no one is available at your nominated delivery address to take delivery, our courier company will take the package to their nearest depot, and a calling card will be left so you can organise a re-delivery. One re-delivery attempt will be made free of charge. If additional re-delivery attempts are needed, any additional costs charged by the courier will be payable by you on delivery. If you are happy for the package to be left unattended, please write Authority to Leave, or ATL in the notes section in checkout, and if possible indicate where, at the property, you would like the package left (ie: ‘inside the carport’, ‘behind the side gate’).
6.4 Delivery delays. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If your delivery will take materially longer to arrive than is indicated on our website for the delivery location, we will let you know and will be happy to give you a full refund if you no longer wish to have the product(s).
6.5 When you become responsible for the goods. Products will be your responsibility from the time we deliver them to the address you gave us. If you have advised us that the courier has your Authority to Leave the package if no one is at home, we cannot be responsible for any loss, damage or theft of the package or any product occurring after our courier has made the delivery.
7. Refunds and cancellations
7.1 Changes to your order. Once your order has been accepted, the sale is final. If you would like to make a change to your order, please contact us as soon as possible and we will do our very best to assist where we reasonably can, and provided your order has not already been dispatched.
7.2 No refunds if you change your mind. We do not give refunds or accept cancellations where you have changed your mind.
7.3 Every item is carefully checked before leaving us. In the unlikely event of a product being faulty please contact us at [email protected]. We will comply with our obligations by law to repair, replace or refund items that are faulty.
8. Our responsibility for loss or damage suffered by you
8.1 We are responsible to you for the re-supply of products you ordered, or to the total value of the products you ordered. If we fail to comply with these terms, we are responsible for re-supplying relevant products to you, or if we cannot do so, for a sum not exceeding the value of the products you ordered from us.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products under the Australian Consumer Law.
8.3 We are not liable for any business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. Your use of our website
9.1 Our website contains material which is owned by or licensed to us. You are not permitted to reproduce any aspect of it without our permission.
9.2 Our trade name graphic - Divine Arts Company and all photographs, product and service names related to our business and website are our trademarks. They may not be used in connection with any other product or service without our permission.
9.3 No warranties regarding use of our website. We do not give any express or implied warranties and make no representations in relation to our website. We do not provide any warranty or guarantee as to the performance, accuracy, reliability, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. We do not warrant that the website is free from any computer viruses or other defects and we accepts no liability arising from your use of to this website.
10. Other important terms
10.1 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.2 Which laws apply to our contract. Our contract is governed by the laws of Queensland.