Terms & Conditions

GENERAL PURCHASING
By placing an order, you are offering to purchase a product on and subject to these Terms.

When you purchase, you are required to provide your full name, delivery address, email address, telephone number and payment details.

Please ensure that all details provided are complete and correct at the time of purchase.

A contract between us for the purchase of the goods will not be formed until your payment has been received by us. Title in the goods passes to you once we have received payment.

You may cancel your order within 24 hours and pay all restock/cancellation fees associated.

Delivery of your ordered product(s) are set out in the Postage & Handling Terms. Please refer to the Postage & Handling section below for further information.

All risk of loss or damage to the goods passes to you when we despatch the goods.

From time to time, Upper Dhali® may offer purchase by Invoice or custom listing on the website. Please note that these invoices/custom listings are only valid for 24 hours due to special reservation of the items to secure them for you. Any special terms & conditions associated with these invoices become void upon expiration of your invoice. 

NOTICE - Upper Dhali® reserves the right to refuse service to anyone, so long as we do not breach the Australian Commonwealth Human Rights Commission anti-discrimination policy. 


BESPOKE SERVICE
By placing an order for items within the Bespoke Services (also known as commissions, custom orders, bespoke, personalised, etc) you are offering to purchase subject to the same terms as outlined within the General Purchasing terms section noted above in addition to the following terms:

The booking deposit paid to secure your order into my schedule is non refundable.

A design inspiration board will be sent prior to commencement of work for approval. No changes within the design will be accepted after approval has been received by Upper Dhali®. Any changes will attract further design fees.

Full payment (cleared funds) is required prior to commencement of all Bespoke Service products.

Client approval on finalisation is required by way of written acceptance by email prior to your order being posted. Your item will be posted within 24 hours of such approval or on the next posting day, whichever arrives first.


PRICING
All prices are in Australian Dollars (AUD) and are not inclusive of GST (as at 25th April 2019).

Postage is an additional charge unless otherwise indicated. Full payment, including postage is required to be made and be cleared funds before your item is posted.

Prices are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product or service offered on our website.

Whilst we endeavour to ensure that all details, descriptions and prices which appear on this website are accurate, errors (including processing errors) may occur. Where a product has been listed at the incorrect price or with an incorrect description or image due to a typographical error or similar oversight, we reserve the right to cancel a transaction. If an order is cancelled and you have already paid for the product, we will refund you the amount paid via the payment method you have used for the transaction.


POSTAGE & HANDLING
For detailed information on our postage & handling information, please click here.


REFUNDS & EXCHANGES

For detailed information about refund & exchanges, please click here.


PRIVACY
For detailed information in relation to my Privacy Policy, please click here.


INTELLECTUAL PROPERTY RIGHTS
The materials displayed on this website including without limitation all products, information, text, materials, graphics, images, advertisements, names, logos and trademarks on the website are protected by copyright, trademark & other intellectual property laws. The content is provided for personal use only and you must not:

- modify, adapt, copy, reproduce, republish, display, transmit, distribute, store or create derivative works of the content without our prior written consent; or

- commercialise any content or products from any part of this website without our prior written consent.

Upper Dhali® and the Upper Dhali® logo are registered trademarks in Australia owned by the proprietor of this website.


SECURITY OF INFORMATION
No data transmission over the internet can be guaranteed as totally secure. You are solely responsible for taking your own security precautions for accessing this website (eg: anti-virus software). We do not accept any responsibility or liability for any interference or damage to your computer system which arises in connection with your use of this website or any linked website.


INDEMNITY
You must indemnify us and hold us harmless from and against all losses, damages, claims, actions, proceedings, costs and expenses (including legal fees) arising from or in connection with your use of the website or the content, or your breach of any of the terms.


VARIATION
We may in our absolute discretion at any time and without notice, amend, remove or vary the website, the content or any of the products featured on the website.


DISCLAIMER
To the fullest extent permitted by law, we exclude all express and implied warranties, conditions, and terms, including without limitation:

(i) any warranty relating to the accuracy, reliability or completeness of the website, or any of the Content;
(ii) any warranty relating to the merchant-ability or fitness for any particular purpose of any of the products referred to on the website, or that are supplied by us; or
(iii) any warranty that your use of or access to the website will be uninterrupted or error-free.

To the fullest extent permitted by law, we do not accept any responsibility or liability for any loss, damage, cost, claim or expense howsoever arising (including negligence) from or in connection with:

(i) the use or performance of (or any inability to use, or failure of) the website, or any Linked Website;
(ii) your use of or reliance on the Content, or any omission from the Content;
(iii) any products or services supplied by us, or referred to on the website;
(iv) our failure to comply with our obligations as set out in these Terms,

even if such loss or damage is reasonably foreseeable.

Where liability cannot be excluded, our liability is limited to the repair, replacement or refund of the affected products purchased.