DreaMagic Pty Ltd T/A MosquitoNets.com.au

Kyogle Rd, Lillian Rock, NSW 2480,Australia

 

Policy last updated: 6 November 2023.

1 Background

Thank you for visiting our Site. 

This Site is owned and operated by DreaMagic Pty Ltd (ABN 24081094189) (www.MosquitoNets.com.au). These terms and conditions (Terms) govern your access to and use of the Site.

In these Terms, the words “we”, “our” and “us” refer to MosquitoNets.com.au and its directors, officers, employees, agents, related entities and affiliates and “you” or “your” means the person who agrees to be legally bound by these Terms.

Please read these Terms carefully before accessing or using our Site. By using the Site, including by placing an Order for Product(s) on this Site, you agree to be legally bound by these Terms. If you do not agree to be legally bound by these Terms, you must not, and are not permitted to, use this Site.

2 Definitions

In these Terms:

“Content” means all of the material and information (including all text, links, graphics, logos, audio and software) published on the Site.

“Intellectual Property” means all intellectual rights of whatever nature (whether or not registered or registrable), including, but not limited to, all copyright, trade names, trademarks, business names, domain names, logos, designs, patents and trade secrets.

“Order” means an order for one or more Products made on the Site.

“Privacy Policy” means the privacy policy of MosquitoNets.com.au (as amended from time to time), the current version of which can be accessed at the following link: https://www.mosquitonets.com.au/privacy-policy/

“Products” means the product items listed for sale on the Site from time to time.

“Site” means https://www.mosquitonets.com.au/and any systems used by or in connection with that website, including servers and networks that host the website, and any Content used on or in connection with the website, including but not limited to data, source codes, graphics and images.

Any reference in these Terms: (i) to the singular includes the plural; (ii) to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute; (iii) to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only.

3 Site Use

You may only access or use this Site for your own personal use.

This Site and its Content are provided to you ‘as is’. Your access to and use of this Site is at your own risk.

In order to use this Site, you will need internet access and devices and systems which are compatible with this Site. These requirements may at our sole discretion and without notice change and it is your responsibility to ensure that your devices and systems meet the relevant requirements. We have no obligation to make this Site available to you at any time or on any device or system.

You are responsible for taking all necessary steps to ensure that your access to and use of the Site does not expose you or your computer system to interference or harm, including interference or harm from viruses or other malicious computer code. We accept no responsibility or liability for any interference or damage to your own computer which arises in connection with your use of the Site or any linked website or service.

You may link to our Site, provided you do so in a manner that is at all times legal and does not damage our reputation. You must not establish such a link or engage in any conduct in relation to that link which represents any form of association, approval or endorsement that does not exist.

4 Unacceptable Activity

You must ensure that your access to and use of this Site is not inappropriate or prohibited by any laws which apply to you. This includes, but is not limited to:

1. breaching these Terms;
2. breaching the legal rights of another person or entity;
3. infringing the Intellectual Property rights of MosquitoNets.com.au or a third party;
4. misusing, hacking into, reverse-engineering, circumventing, disabling, or undertaking or attempting to undertake any activity which will place an unreasonable burden on or otherwise disrupt the operation of this Site or any part of it;
5. posting or transmitting to this Site any unauthorised or unlawful material (including material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene or threatening, or which is otherwise detrimental to or in violation of our systems or network security).

We may stop, limit, regulate, restrict or withdraw, temporarily or permanently, your access to or use of the Site. 

5 Account

In order to access certain features and benefits on this Site you may need to create an account.

The creation of an account will require you to provide to us certain personal information (including your name and a valid email address). You must ensure that this information is accurate and current. All personal information will be collected in accordance with our Privacy Policy.

To create an account, you must:

1. be at least 18 years of age; and
2. have legal standing and capacity to enter into a binding agreement with us.

When you register an account, you will be required to enter your email address as the username and create and maintain a password. You are responsible for keeping your username and password secure. You are responsible for all activity carried out under your account. You must notify us immediately if you become aware of any unauthorised use or breach of your user information or account. 

 

6 Direct Marketing

 

You can opt-in to receive direct marketing communications from MosquitoNets.com.au via email and/or SMS message. 

To opt-in, you must:

1. be at least 18 years of age; and

have legal standing and capacity to enter into a binding agreement with us. You can opt-in though a variety of methods on our Site, including, but not limited to:

1. when registering an account; 
2. at checkout; 

When you opt-in, you consent to us sending to you direct marketing communications through the applicable mediums the subject of your opt-in request. Further information in relation to the ways we use your personal information to send to you direct marketing communications can be found in our Privacy Policy.

We do not charge you when we send direct marketing communications. However, you are responsible for all charges and fees associated with emails or SMS messages imposed by your service provider.

If you no longer wish to receive direct marketing communications from us, you can opt-out at any time. To opt-out of our emails, you can follow the ‘unsubscribe’ link at the bottom of our emails or contact us from the Contact Us page.

If you intend to stop using the email address or phone number that you have used to opt-in to receive direct marketing communications from us, you must opt-out before ending your use of that email address or phone number. 

7 Promotions

From time to time, we may run promotions. These promotions may be subject to separate terms and conditions, which will be published in this clause and separately on the Site. Please read all additional terms and conditions before participating in any promotion. By entering or participating in a promotion, you agree to be legally bound by any additional terms and conditions applicable to that promotion. If you do not agree to be legally bound by those additional terms and conditions, you must not, and are not permitted to, enter or participate in a promotion. 

In the event of any inconsistency between any terms and conditions applicable to a promotion and other clauses in these Terms, the terms and conditions applicable to the specific promotion will prevail. 

The following terms apply to promotional codes issued by MosquitoNets.com.au: 

1. promotional codes are non-transferable and cannot be redeemed for cash;
2. no more than one promotional code can be applied at checkout to an Order;
3. promotional codes cannot be used in conjunction with any other offers;
4. promotional codes cannot be applied to a previous Order;
5. promotional codes can only be redeemed in accordance with any relevant terms and conditions — including, but not limited to, minimum spend requirements, validity periods and product or sale exclusions; and
6. MosquitoNets.com.au reserves the right to withdraw, cancel or vary the promotional codes offered. Any withdrawal, cancellation or variation will not apply to any Order which has been confirmed by us before the withdrawal, cancellation or variation of the promotional code. 

8 Social Media

 

MosquitoNets.com.au does not necessarily endorse, support, sanction, encourage or agree with any comments, opinion or statements posted by users on MosquitoNets.com.au social media sites.

MosquitoNets.com.au may moderate user-posted content on its social media sites and may remove any content that is, in MosquitoNets.com.au reasonable opinion, unlawful or inappropriate. 

9 Orders

Subject to these Terms, you may place an Order for Products using the Site.

If you make an Order, you:

1. agree to pay the price of the Products and the applicable delivery fee;
2. warrant to us that all information provided by you in relation to that Order is accurate, complete and current; and
3. warrant to us that the Products in your Order are intended for personal, domestic or household use only and are not intended for commercial use (including commercial re-sale).

We will not be liable to you for any loss you or any third party suffers or incurs as a result of, or in connection with, any delay or failure to process your Order or to deliver any Products to you due to inaccurate or incomplete details provided in an Order.

If you place an Order and the Products are to be delivered to someone other than you, you warrant to us that you have obtained that person’s consent to provide us with their personal information and that they agree to accept delivery of the Products.

You acknowledge and agree that each Order that you make, if accepted by us, is a separate and binding agreement between you and us for the supply and delivery of the Products the subject of the Order in accordance with these Terms.

If we accept your Order, we will send a confirmation email to your nominated email address.

If you request we change or cancel your Order due to your change of mind in accordance with these Terms (see clause 16), we will use our reasonable endeavours to cancel or change that Order if it has not already been shipped, but we make no representation that we will be able to do this.

We may at our sole discretion cancel your Order at any time prior to shipping of the Products. 

If we cancel your Order, we will send a confirmation email to your nominated email address. If this occurs, you will be provided with a refund of the purchase price of the Order excluding any reasonable costs incurred by our company.

10 Products, pricing, delivery fees and discounts

Products and prices of Products are listed on the Site and are subject to change at our sole discretion.

Prices for Products and delivery fees for Orders are listed on the Site and, unless otherwise specified, are in Australian Dollars and are inclusive of GST. 

Prices for Products in an Order and the delivery fee for that Order are fixed once an Order has been confirmed.

Discounts to the prices of Products may be given at our sole discretion on terms and conditions notified to you by us.

11 Payments

Acceptable payment methods are listed on the Site and are subject to change at our sole discretion.

Your Order must include details of your nominated payment method. If the name included in connection with the Order does not match the name included in your nominated payment method, we may ask you to provide to us additional information (for example, proof of identity documents). By providing details of your nominated payment method with your Order, you authorise us to deduct the price of the Products and the delivery fee for that Order from your nominated payment method.

If we accept your Order, we will process payment for your Order then or shortly thereafter.

You acknowledge and agree that we may not be able to or may decline in our reasonable discretion to accept payment from you by your nominated payment method. We will notify you if this occurs.

If you request a change of your Order after we have accepted the Order, we will charge or refund you less any reasonable costs incurred by us (to the payment method you used to make the Order) the difference (if any) between your initial Order and your amended Order.

If you elect to cancel an Order due to change of mind after we have accepted the Order, we will refund you less any reasonable costs incurred by us (to the payment method you used to make the Order) the value of that Order.

We will not ship the Products in your Order unless we have accepted your Order and we have received payment in full for that Order from your nominated payment method.

12 Delivery

If we have received payment in full for your Order, we will deliver your Order to you in a timely manner.

Following delivery of your Order, we will send a confirmation email and invoice for your Order to your nominated email address. 

You acknowledge and agree that the delivery of your Products may be delayed due to reasons beyond our control and, except to the extent caused by us and otherwise to the maximum extent permitted by the law, we will not be liable for and you forever release and discharge us from any claims you may have against us for any direct, indirect, special, consequential or other damages that result from, are connected with, arise out of, or are incidental to that delay.

If you have provided us with an incorrect or incomplete delivery address for your Order or your Order is otherwise returned to us, we may charge you a delivery fee for each subsequent delivery attempt.

Title and risk in the Products pass to you at the time of delivery of the Products to your nominated delivery address. 

If you Order Products from outside Australia, your Order may be subject to import duties, fees and taxes, which are determined once your shipment reaches your country and are payable by you. You may also be required to pay additional customs clearance charges. MosquitoNets.com.au is not liable for such import duties, fees, taxes or charges. In addition, Orders shipped internationally may be subject to customs clearance procedures that can cause delays beyond our control. If you choose to refuse a shipment from MosquitoNets.com.au due to change of mind you will remain responsible for the original shipping charges, duties, fees, taxes and / or customs charges incurred, and the cost of return shipping.

13 Rights under the Australian Consumer Law 

The ACL provides you with rights in respect of your Order and the Products the subject of the Order that cannot be excluded by these Terms, including that your Products must be of acceptable quality, reasonably fit for the purpose that we represent they will be fit for, and that the Products will correspond with any relevant description.

Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy under the ACL, which cannot by law be excluded, restricted or modified.

14 Returns, refunds, exchanges and store credits

If you believe you are entitled to a repair, replacement or refund of a Product or a store credit in relation to the value of a Product please notify us contact us from the Contact Us page. In the email, please specify the following information: 

1. your name;
2. contact details where relevant, such as address and phone number;
3. a description of the Product that you believe you are entitled to have exchanged or refunded and the reason for this; and
4. details of the relevant Order, including your Order number and an invoice for that Order.

In relation to Products that are faulty, defective, unsafe, or which fail to comply with a consumer guarantee, we will comply with our obligations under the ACL. Note that Products are subject to the specified warranty periods and will not be repaired, replaced or refunded after these warranty periods elapse. MosquitoNets.com.au reserves the right to refuse a warranty replacement should a defect not be deemed genuine, or if it falls outside the nominated warranty period.

Warranty periods are determined by the nature of the product and the type of usage it is expected to withstand. Items expected to come under more strain and to be used more frequently than others have shorter warranty periods to reflect this. For more information on our warranty periods, see our Shipping & Returns page.

In relation to change of mind, a refund or exchange of any Product must be requested within 25 days of receipt of the Product for standard orders. The Product must also:

1. be in the original packaging, in original condition (unused and unwashed), including sealed boxes, tags and branded dust bags; protective wrapping; and
2. not have been a sale item, as all sale items are not refundable, exchangeable or returnable.

Upon receipt of your change of mind request, we will contact you about next steps. In response to your request based on a change of mind, we may:

1. refund the price of the Product to your original payment method;
2. exchange the Product for another size or another Product, subject to availability. 

15 Privacy

Our policy on the collection, use and disclosure of your personal information is set out in our Privacy Policy which forms part of these Terms. 

16 Intellectual Property

You may not reproduce, adapt, modify, display, publish, perform, distribute, store, transmit, decompile or reverse engineer or otherwise exploit any Intellectual Property on our Site.

17 Limitation of liability 

To the maximum extent permitted by law and subject to your rights under the ACL, you acknowledge and agree we will not be liable for and you forever release and discharge us from any claims that you have now or may have against us for any direct, indirect, special, consequential or other damages that result from, are connected with, arise out of, or are incidental to:

1. your access or use of, or your inability to access or use this Site, part of this Site or any other website, including viruses or other malicious computer code, unauthorised use of your user information, or the accuracy, completeness, suitability or currency of any Content; or 
2. a Product, including the ordering, shipping, delivery and use of a Product.

18 Indemnity 

You agree to indemnify us and keep us indemnified against all claims, loss, damages and expenses (including legal costs) incurred by us that result from, are connected with, arise out of, or are incidental to your breach of these Terms.

19 Links 

The Site may contain links to other third-party websites. Those links are provided for convenience only. We are not responsible for the content or privacy practices associated with linked third-party websites.

Our inclusion of linked third-party websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any materials, products or services referred to or contained on those linked websites.

20 Severability

Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the enforceability of the other provisions. 

21 Waiver

Any failure or delay by us to enforce or exercise a power or right or provision of these Terms will not constitute a waiver of those right(s), power(s) or provision(s), and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in the future. 

22 Amendment 

We reserve the right at our sole discretion to amend these Terms at any time. You should visit the Site periodically to review these Terms. Your continued use of the Site following such publication, including by making an Order, will constitute an agreement by you to be bound by these Terms as amended. 

23 Governing Law

These Terms are governed by, and must be construed according to, the law in force in the State of New South Wales, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to these Terms or any other matter concerning the operation of the Site.

The Site may be accessed in Australia and overseas.  We make no representations that the Site complies with the laws of any country outside Australia, and if you access the Site from outside Australia, you do so at your own risk.