About the Website
Welcome to www.dnj-paper.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase
Services’).
The Website is operated by DNJ PAPER(ABN 46946823240). Access to and use of the Website, or any of its associated Products or Services, is provided by DNJ PAPER. Please read these terms and conditions (the 'Terms') carefully. By using,
browsing and/or reading the Website, this signifies that you have read, understood
and agree to be bound by the Terms. If you do not agree with the Terms, you must
cease usage of the Website, or any of Services, immediately.
DNJ PAPER reserves the right to review and change any of the Terms by updating
this page at its sole discretion. When DNJ PAPER updates the Terms, it will use
reasonable endeavours to provide you with notice of updates to the Terms. Any
changes to the Terms take immediate effect from the date of their publication.
Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the
Terms by clicking to accept or agree to the Terms where this option is made available to you by DNJ PAPER in the user interface.
(a) Registration to use the Purchase Services
(b) In order to access the Purchase Services, you must first register as a user of the
Website. As part of the registration process, or as part of your continued use of the
Purchase Services, you may be required to provide personal information about
yourself (such as identification or contact details), including:
(i) Email address
(ii) Mailing address
(iii) Information related to payment
You warrant that any information you give to DNJ PAPER in the course of completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered
member of the Website (‘Member’) and agree to be bound by the Terms. As a
Member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with DNJ PAPER; or
(b) you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.
Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines
in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other person
may result in the immediate cancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify DNJ PAPER of
any unauthorised use of your password or email address or any breach of
security of which you have become aware;
(v} access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of DNJ PAPER
providing the Purchase Services;
(vi) you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorised framing of or linking to the Website;
(vil) | you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action will
be taken by DNJ PAPER for any illegal or unauthorised use of the Website;
and
(vill) you acknowledge and agree that any automated use of the Website or its
purchase Services is prohibited.
Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website, you
will agree to the payment of the purchase price listed on the Website for the
Product (the 'Purchase Price’).
(b) Payment of the Purchase Price may be made through Stripe (the ‘Payment
Gateway Provider’). In using the Purchase Services, you warrant that you have
familiarised yourself with, and agree to be bound by, the applicable Terms and
Conditions of Use, Privacy Policy and other relevant legal documentation provided
by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by DNJ PAPER, you will
be issued with a receipt to confirm that the payment has been received and DNJ
PAPER may record your purchase details for future use.
(d) DNJ PAPER will not offer a refund on a product in any condition, but may offer a repair service which may incur a cost for you.
Warranty
(a) DNJ PAPER's Products come with guarantees that cannot be excluded under the
Australian Consumer Law. You are entitled to a replacement or refund for a major
failure of the Product and compensation for any other reasonably foreseeable loss
or damage. You are also entitled to have the Products repaired or replaced if the
Products fail to be of acceptable quality and the failure does not amount to a major
failure (the 'Warranty’).
(b) You may make a claim under this clause (the 'Warranty Claim’) for material
defects and workmanship in the Products within 7 days fom the date of purchase
(the 'Warranty Period’).
(c) In order to make a Warranty Claim during the Warranty Period, you must provide
proof of purchase to DNJ PAPER showing the date of purchase of the Products,
provide a description of the Products and the price paid for the Products by
sending written notice to DNJ PAPER at Unit 19 108 Elgin Street, Melbourne,
Victoria, 3053 or by email at dnj.paper@gmail.com.
(d) Where the Warranty Claim is accepted then DNJ PAPER will, at its sole discretion,
either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any
postage or shipping costs incurred in facilitating the Warranty Claim. The original item must be returned and inspected before any claim can be accepted.
Delivery
(a) You acknowledge that the Purchase Services offered by DNJ PAPER integrat delivery (the 'Delivery Services’) through the use of third party delivery companies (the 'Delivery Service Providers’).
(b) In providing the Purchase Services, DNJ PAPER may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that DNJ PAPER is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
(c) In the event that an item is lost or damaged in the course of the Delivery Services, DNJ PAPER asks that you:
(i) contact the Delivery Service Provider directly to request a refund or to claim
on any insurance options available; and
(ii) contact us by sending an email to dnj.paper@gmail.com outlining in what
way the Products were damaged in transit so we are able to determine if
the Delivery Service Provider should be removed from the Purchase
Services.
Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of DNJ PAPER
are subject to copyright. The material on the Website is protected by copyright
under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by DNJ PAPER or its contributors.
(b) DNJ PAPER retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(i) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of DNJ PAPER; or
(ii) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(iii) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of DNJ PAPER and the
permission of any other relevant rights owners: broadcast, republish, up-load to a
third party, transmit, post, distribute, show or play in public, adapt or change in any
way the Content or third party content for any purpose. This prohibition does not
extend to materials on the Website, which are freely available for re-use or are in the public domain.
Privacy
(a) DNJ PAPER takes your privacy seriously and any information provided through
your use of the Website and/or the Purchase Services are subject to DNJ PAPER's Privacy Policy, which is available on the Website.
General Disclaimer
(a) You acknowledge that DNJ PAPER does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products other
than provided for pursuant to these Terms.
(b) DNJ PAPER will make every effort to ensure a Product is accurately depicted on
the Website, however, you acknowledge that sizes, colours and packaging may
differ from what is displayed on the Website. You acknowledge that DNJ PAPER makes one-of-a-kind artisanal pieces that contain idiosyncrasies, occlusions, and slight difference between pieces.
(c) Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian
Consumer Law (or any liability under them) which by law may not be limited or
excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) DNJ PAPER will not be liable for any special, indirect or consequential loss
or damage (unless such loss or damage is reasonably foreseeable
resulting from our failure to meet an applicable Consumer Guarantee), loss
of profit or opportunity, or damage to goodwill arising out of or in
connection with the Purchase Services or these Terms (including as a
result of not being able to use the Purchase Services or the late supply of
the Purchase Services), whether at common law, under contract, (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of DNJ
PAPER (including the Delivery Services), is at your own risk. Everything on the
Website, the Purchase Services, and the Products of DNJ PAPER, are provided to
you on an “as is" and “as available” basis, without warranty or condition of any
kind. None of the affiliates, directors, officers, employees, agents, contributors,
third party content providers or licensors of DNJ PAPER including any third party
where the Delivery Services are made available to you) make any express or
implied representation or warranty about its Content or any products or Purchase
Services (including the products or Purchase Services of DNJ PAPER) referred to
on the Website. This includes (but is not restricted to) loss or damage you might
suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure
to correct defects, delay in operation or transmission, computer virus or
other harmful component, loss of data, communication line failure, unlawful
third party conduct, or theft, destruction, alteration or unauthorised access
to records;
(ii) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(iv) the Content or operation in respect to links which are provided for the
User's convenience;
(v} any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
(a) DNJ PAPER's total liability arising out of or in connection with the Purchase
Services or these Terms, however arising, including under contract, tort (including
negligence), in equity, under statute or otherwise, will not exceed the most recent
Purchase Price paid by you under these Terms or where you have not paid the
Purchase Price, then the total liability of DNJ PAPER is the resupply of information
or Purchase Services to you.
(b) You expressly understand and agree that DNJ PAPER, its affiliates, employees,
agents, contributors, third party content providers and licensors shall not be liable
to you for any direct, indirect, incidental, special consequential or exemplary
damages which may be incurred by you, however caused and under any theory of
liability. This shall include, but is not limited to, any loss of profit (whether incurred
directly or indirectly), any loss of goodwill or business reputation and any other
intangible loss.
(c) DNJ PAPER is not responsible or liable in any manner for any site content
(including the Content and Third Party Content) posted on the Website or in
connection with the Purchase Services, whether posted or caused by users of the
website of DNJ PAPER, by third parties or by any of the Purchase Services offered
by DNJ PAPER.
(d) You acknowledge that DNJ PAPER does not provide the Delivery Services to you
and you agree that DNJ PAPER will not be liable to you for any special, indirect or
consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
Termination of Custom Order Contract
(a) The Terms will continue to apply until terminated by either you or by DNJ PAPER
as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying DNJ PAPER within 7 days of a custom order; and
(ii) Your notice should be sent, in writing, to DNJ PAPER via dnj.paper@gmail.com
(c) DNJ PAPER may terminate the contract and provide a full rfund at their discretion.
(d) Subject to local applicable laws, DNJ PAPER reserves the right to discontinue or
cancel your membership to the Website at any time and may suspend or deny, in
its sole discretion, your access to all or any portion of the Website or the Purchase
Services without notice if you breach any provision of the Terms or any applicable
law or if your conduct impacts DNJ PAPER's name or reputation or violates the
rights of those of another party.
Indemnity
(a) You agree to indemnify DNJ PAPER, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss an damage (including legal fees on a full indemnity basis) incurred, suffered o arising out of or in connection with any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or
(iii) any breach of the Terms.
Venue and Jurisdiction
(a) The Purchase Services offered by DNJ PAPER is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
Governing Law
(a) The Terms are governed by the laws of Victoria, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed, interpreted
and construed by, under and pursuant to the laws of Victoria Australia, without
reference to conflict of law principles, notwithstanding mandatory rules. The
validity of this governing law clause is not contested. The Terms shall be binding to
the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent
legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
