TERMS OF SERVICE
1.1 DURRANI is the owner and operator of the Website. DURRANI’s online store is hosted on Shopify Inc, which provides DURRANI with the e-commerce platform to sell products and services to the Visitor.
1.3 Except as otherwise provided by law, at any time without notice to the Visitor, DURRANI may alter, restrict access to, suspend or discontinue the Website or any part thereof and DURRANI shall not be liable to any Visitor or third party should it exercise such rights.
1.4 The Visitor will not use the Website for any commercial purpose or for any purpose that:
(b) is fraudulent;
(c) is tortious
(d) is unlawful; or
(e) causes injury to any person or entity.
2 Materials Published on the Website
2.1 DURRANI and/or its suppliers may make various materials available on the Website which are for educational and informational purposes only. Nothing on the Website should be construed as granting any licence or right for the Visitor to use those materials.
2.2 Information regarding any product and its availability are subject to change at any time without notice. Efforts have been taken to accurately display the attributes of products, including the applicable colours but actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect actual product colour or finish.
2.3 DURRANI makes no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any materials published on the website and the Visitor confirms they have not relied on those materials and have independently confirmed any facts that are important to the Visitor’s decision.
2.4 DURRANI assumes no responsibility for any consequence relating directly or indirectly to any action or any inaction taken by the Visitor based on the materials.
2.5 The Visitor will not download and store any materials, use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or otherwise gather any materials, reproduce or circumvent the navigational structure or presentation of the Website or in any other way harvest or collect information about the users of the Website.
3 Client Accounts
3.1 The Visitor is solely responsible for maintaining the confidentiality and security of their account including username and password, including where the Visitor shares or loses access to a device. DURRANI is not responsible for any losses arising out of the unauthorized use of the Visitor’s account.
3.2 The Visitor agrees that DURRANI is not party to any agreement between the Visitor and the issuer of their credit card, debit card or other form of payment
3.3 The Visitor’s account may be restricted or terminated for any reason, at DURRANI’s sole discretion.
4.1 DURRANI has taken steps to safeguard the integrity of the Website but this should not be construed in any way as giving business, legal or other advice or warranting as fail proof, the security of information provided via the Website.
4.2 The Visitor will not take any action in connection with the website to upload or otherwise make available on the website any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful, invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
4.3 The Visitor will not take any action or permit to occur any interference with or disruption to the operation of the Website or systems, servers, or networks used to make the Website available, including by hacking or defacing any portion of the Website or violating any requirement, procedure or policy of such servers or networks or to restrict or inhibit any other person from using the Website.
5 Intellectual Property
5.1 Intellectual Property in relation to all materials published on the Website belongs to DURRANI or its licensors, advertisers or affiliates, as the case may be, and is protected by Australian and international copyrights and other intellectual property laws. The Visitor has no and obtains no intellectual property rights in any materials and will not engage in or permit to occur any action which interferes with or breaches any intellectual property rights in such materials.
5.2 The Visitor will not, without DURRANI’s express written consent, use DURRANI’s Website, name, logo or brand to send any unsolicited or unauthorized Content (such as advertising, promotional materials, emails or other form of solicitation) or use any meta tags or other hidden text or metadata utilizing any of DURRANI’s trademarks, logos, URLs or product names.
5.3 The Visitor will not, without DURRANI’s express written consent, copy, remove, reproduce, adapt or modify any copyright, trademark or other proprietary rights from the Website, frame or mirror any portion of the Website or otherwise incorporate any portion of the Website into any product or service.
5.4 The Visitor may download and view Website content and materials for personal, non- commercial use provided the content or materials are not altered in any way.
6.1 DURRANI does not warrant that the functions of this Website or websites which you access through this Website will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Website or any content which ought to be accessible through the Website are free of viruses or bugs.
6.2 DURRANI will not be liable to the Visitor for any consequential losses howsoever arising.
7 Liability & Indemnity
7.1 To the extent permitted by law, DURRANI excludes all rights, remedies, guarantees, conditions and warranties from your use of the Website whether based in statute, common law or otherwise. DURRANI does not exclude any rights or remedies which cannot be excluded, restricted or modified under the relevant laws of the applicable jurisdiction.
7.2 The Visitor acknowledges that the Website may contain links to other third party websites and DURRANI does not control, endorse or approve, nor is it responsible for, those third party websites.
7.3 DURRANI will have no liability in relation to any loss or damage the Visitor incurs (such as software or hardware damage) from using the Website or from any third party website accessed from Website, including from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, lost profits, loss of goodwill, loss of data, work stoppage, computer failure or malfunction, computer viruses, file corruption, communication failure, network or system outage, theft, destruction, unauthorized access to, alteration of, loss of use of any record or data and any other tangible or intangible loss.
9.2 Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the dispute or agree on the method of resolving the dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged.
9.3 If the parties do not resolve the dispute or agree on an alternate method to resolve the dispute, within 21 days after receipt of the notice the dispute may be referred by either party (by notice in writing to the other party) to litigation.
10.1 DURRANI agrees to provide to the Client the goods and/or services as ordered from DURRANI’s website.
10.2 The price for the product and delivery (if applicable) is as listed on the website at the time of order. Our prices are subject to change without notice. For Australian customers, the price includes GST.
10.3 DURRANI cannot confirm the price or availability of an item until the order is placed.
10.5 TheClientissolelyresponsibleforsatisfyingthemselvesthatthegoodsaresuitablefor the use contemplated. Any description of the goods provided on DURRANI’s website, in any brochure, catalogue, other marketing material, quotation or invoice is given by way of identification only and the use of such description does not constitute a contract of sale by description.
10.6 DURRANI reserves the right, without prior notice and at DURRANI’s sole discretion, to limit the quantity of items purchased per person, per household or per order for any reason or prohibit sales to dealers or resellers.
11.1 DURRANI uses the Shopify payment options, which includes Mastercard, Visa, American Express, PayPal, GooglePay, Shop Pay and Afterpay. All payments are to be processed through the website.
11.2 The Client acknowledges that goods purchased from DURRANI are subject to the customs and export control laws and regulations of Australia and may also be subject to the customs and export laws and regulations of the country in which the products are received, and the Client agrees to comply with all applicable laws. The Client is solely liable to pay any taxes, customs, import duties and brokerage fees. Please make enquiries at your country’s customs office as appropriate.
11.3 The Client represents and warrant that they have the right to use any credit card or other means of payment provided to DURRANI. By providing payment card information to us, the Client authorises us to store and use the card as a payment method for orders.
11.4 Prior to accepting an order DURRANI may also request additional information from the Client. Verification of information may be required prior to the acknowledgment or completion of any purchase.
12 Shipping and Delivery
12.1 Products will be shipped from Perth, Western Australia, generally within 1 business day of payment confirmation, to an address designated by the Client so long as such address is complete and complies with the shipping restrictions. Tracking details will be emailed to the Client when posted.
12.2 Once the Client has placed your order, the Client is committing to the sale and declaring that all information entered including the shipping address is correct. Whilst all deliveries are tracked, the Client holds all responsibility for stolen, or lost delivery as a result of input of wrong shipment information.
12.3 DURRANI offers free worldwide delivery on all orders and, for single orders greater than AUD$100, free express delivery.
12.4 For Clients located in the United States & New Zealand, the fastest international delivery option we use is DHL Express which has an expected delivery of 3 - 6 business days from processing by DURRANI.
12.5 Some delivery delays can be expected due to the current Covid - 19 pandemic and the impact this has had to freight and logistics services worldwide. Any delays imposed by our logistics partners are beyond our control, and we cannot be held responsible for this. However, if an order is delayed by our logistics partner, we will do all we can to liaise with them and help resolve any issues.
12.6 All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to the Client upon delivery of the goods to the carrier. We take no responsibility for any missing parcels when the sender has made a request with the courier for the parcel to be 'left in a safe place.'
13.1 By agreeing to this Agreement, the Client represents that they are at least the age of majority in their state or province of residence, or that the Client is the age of majority in their state or province of residence and has given DURRANI consent to allow any their minor dependents to use this site.
13.2 The Client may not use our products for any illegal or unauthorized purpose nor may the Client, in the use of the Service, violate any laws in the Client’s jurisdiction (including but not limited to copyright laws).
14 Consumer Guarantee
14.1 We stand by the quality of our Products. To the extent permitted by law, the only warranty or guaranty that applies to goods are the consumers guarantee contained in the Australian Consumer Law. DURRANI does not provide any additional or other warranties. This guarantee covers breakage due to material defects or fault with the workmanship of the goods from new, but doesn’t cover things that would be considered general wear and tear. DURRANI will not refund a product unless it is damaged/defective from new.
14.2 Without limiting the foregoing, DURRANI expressly confirms that DURRANI will not be liable for fair wear and tear (such as lens scratches), any failure by us where such failure is attributable to the Client or to a breach of these terms by the Client, to us exercising any right(s) we have under these terms or an event of force majeure.
14.3 The Client must return a damaged product (including the pouch and protective box) to DURRANI for an in house inspection within 10 days of when it was delivered to the Client otherwise it will be assumed that the product was damaged in use by the Client.
14.4 To the extent DURRANI is held at law to be liable to the Client, the maximum extent of DURRANI’s liability to the Client will be, in DURRANI’s discretion, a resupply of the products or services (as applicable) or a refund of the amount of monies paid by the Client in relation to the defect for which DURRANI is held to be liable.
14.5 In such circumstances the Client will be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Client would also be 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.
14.6 DURRANI will not be liable to the Client for any consequential losses howsoever arising.
15 Cancellations, Returns & Refunds
15.1 Pricing or availability errors may occur on the website. DURRANI reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to the Client, even after the Client’s receipt of an order confirmation or shipping notice. If the Client has been charged for such orders, the amount will be credited to the Client’s payment method.
15.2 The Client is not entitled to cancel this Agreement because of any delay. DURRANI does not offer refunds on sale products or for change of mind but if we, in our discretion, agree to provide a refund the Client will be refunded the purchase price less any shipping costs or return to sender changes incurred.
15.3 The Client may return a product in exchange for another product of the same or lesser value or store credit, provided the product is in brand new condition with all packaging/casing/protection within 30 days of when it was delivered to the Client.
15.4 Any returns must be securely packaged in a cardboard box or bubble wrap including the Client’s name, return address, mobile number, email address and a copy of the dated purchase receipt.
15.5 All returns must be posted (at the Client’s expense) to: Durrani Pty Ltd
81 Lake Manchester Street
Logan Reserve, QLD 4133 Australia
15.6 We don’t guarantee that we will receive your returned item and can’t be responsible it gets lost. Therefore, we recommend all returns are shipped by registered post.
16.1 Any notice or demand under this Agreement is not effective unless such notice is:
(a) in writing and in English; and
(b) must be typed or written in legible handwriting; and
(c) signed by the Party making it; and
(d) served on the other Party by:
(i) email to the address nominated by that other Party; or
(ii) registered post to the address nominated by that other Party; or
(iii) hand delivered to that other Party, or if that other Party is a body corporate, an officer of that other Party having the legal authority to bind that Party.
16.2 The Party receiving the notice shall, upon receipt of such notice, send a written notice to the sender of the notice using the same method of transmission as the notice that the sender used to send such notice, advising the sender that the notice has been received.
16.3 Not with standing clause 7.2 above, any notice or demand under this Agreement is deemed to have been received by the other Party where:
(a) if that notice is served by email, within one hour of the time stamp notifying the time on which the email is sent, unless the time that the recipient is deemed to have received this email in accordance with this clause 7.2 is not on a Business Day, or after 4:00pm on a Business Day, in which event that notice is deemed to have been received at 9:00am on the next Business Day; or
(b) if by registered post, within five Business Days of the date on which the notice is posted; or
(c) if by hand delivery, immediately upon delivery.
17.1 DURRANI may update these Terms from time to time by notifying you of such changes by posting a revised Terms on the Website and, by continuing to use the Website, the Visitor agrees to the Terms as amended. Any such changes will not apply to any dispute arising prior to the date on which we posted the revised Terms.
17.2 A breach or violation of any of this Agreement will result in an immediate termination of the Agreement and provision of goods and/or services.
17.3 A Visitor will not attempt to do anything, or permit, encourage, assist or allow any third party to do anything or attempt, permit, encourage, assist or allow any other violation of these Terms.
17.4 Unless otherwise provided each Party must bear their own costs and expenses in relation to performing its obligations under this Agreement.
17.5 The Client agrees to indemnify DURRANI against, and must pay on demand the amount of, any and all expenses, claims, losses or damages (including all legal costs on a solicitor-client basis and all other professional expenses) incurred in any breach or alleged breach of the Agreement by the Client.
17.6 The Parties agree to do all things necessary to give effect to the entirety of this Agreement, including (without limitation to) making any payment or executing into any other agreement to give effect to this Agreement.
17.7 The Client agrees that the Client may not assign their rights and obligations of this Agreement without the express written consent of DURRANI. DURRANI may assign its rights and obligation by giving written notice to the Client.
17.8 The Parties agree that this Agreement shall be construed in accordance with the laws of Western Australia and irrevocably submit to the exclusive jurisdiction of the courts of Western Australia, and any court of Australia having competent jurisdiction to hear appeals from such courts.
17.9 Any variation to this Agreement is not valid unless it is in writing and signed or initialled by both Parties, and such variation shall take effect from the next Business Day, or any other date as may be agreed by the Parties in writing and specified in the variation.
17.10 A failure or delay to exercise any right, power or remedy by either Party under this Agreement shall not be construed as a waiver, unless such waiver is expressed in writing.
17.11 A waiver shall be construed as a once only waiver and shall not preclude the future exercise of any right, power or remedy under this Agreement unless such waiver is expressly stated to preclude such future right, power or remedy under this Agreement.
17.12 Where any provision of this Agreement, or any part thereof, infringes upon, or is otherwise inconsistent with any law of Western Australia or the Commonwealth of Australia:
(a) such term or condition shall be construed in a manner that removes the inconsistency, but only to the extent of that inconsistency, and such construction shall not affect the validity or enforceability of the remainder of that provision; or
(b) where such term or condition cannot be so construed, it shall be deemed void and severable from the Agreement, without thereby affecting the validity or enforceability of the remainder of the provisions of this Agreement.
17.13 Any clause which expressly or by its nature survives the termination of this Agreement shall remain in full force and effect, notwithstanding termination.
17.14 Neither Party shall be liable to the other Party for the consequences of any delays, omissions or failures to perform (except a failure to pay money), which is caused by an event beyond the first Party’s reasonable control, including acts of God, fire, flood, accident, terrorism, war, strike and riots. If such events continue for a period of more than thirty days, either Party may, by giving written notice to the other Party, terminate this Agreement.
17.15 This Agreement may be executed in any number of counterparts, all of which, when taken together, shall constitute one Agreement.
17.16 This Agreement constitutes the entire agreement between the Parties, and supersedes all negotiations, representations or prior agreements, whether written or oral, in respect of the subject matter of this Agreement. The Parties acknowledge that DURRANI will only provide the goods and/or services on the terms of this Agreement and the terms of this Agreement prevail at all times, regardless of timing of exchange of documents.
17.17 The parties agree that before entering into this Agreement, they have sought or had the opportunity and elected not to obtain independent legal advice on the terms of the Agreement.
18 Definitions & Interpretation
18.1 In the Agreement, unless the contrary intention appears:
Agreement means these terms and conditions relating to the provision of the supply of products in conjunction with the details for each product listed on DURRANI’s website and any other document published on or available by hyperlink from DURRANI’s website stating to form part of this Agreement.
Client means any person, or entity of which the person represents, who visits DURRANI’s website and/or purchase goods and/or services from DURRANI.
Due Date means the date on which the Client places an order to purchase any goods and/or services from DURRANI.
GST has the meaning given in the GST Law.
GST Law means A New Tax System (Goods & Services Tax) Act 1999. Taxable Supply has the meaning given the GST Law.
Tax Invoice has the meaning given in the GST Law.
Party or Parties mean DURRANI and/or the Visitor/Client.
DURRANI means Durrani Pty Ltd trading as DURRANI and its directors, officers, employees, affiliates, agents, contractors, suppliers and licensors.
Visitor means you or any other person who accesses the Website.
Website means www.durrani.com.au
(a) any obligation that binds two or more persons binds them jointly and severally;
(b) any right conferred for the benefit or benefits two or more persons benefits them jointly and severally;
(c) a word importing the singular includes the plural and vice versa;
(d) a word importing any gender includes any other gender;
(e) the word “including” does not import any limitation;
(f) a reference to a person includes an individual, the estate of that individual, a corporation or an incorporated or unincorporated association, a joint venture or parties thereto, or partnership;
(g) a reference to a party includes that party’s executors, administrators, successors and permitted assigns;
(h) a reference to any legislation includes any subsidiary legislation made under it, and any legislation or provision which amends or replaces the legislation;
(i) a reference to an amount payable is a reference to that amount in Australian Dollars;
(j) headings are for convenience only and do not affect the interpretation; and