introduction
The following terms & conditions govern the use of diddleanddoodle.com, any forwarding website (all hereafter referred to as “the website”) operated and managed by Diddle and Doodle Pty Ltd ABN 15 131 509 370 (“Diddle and Doodle”) and the purchase of any products from them.
The following terms and conditions, along with published site policies such as the
privacy policy and other customer service policies, govern the use of the website and constitute the entire agreement between the contracting parties.
NOTE: Information about ordering, shipping, mailing lists, payment, returns and security can be found in our
customer service section.
Each order or transaction will be governed by the terms and conditions in force upon the date of that transaction.
If there is any uncertainty in regards to our terms and conditions, please contact
Diddle and Doodle before the completion of any purchase.
applicable law and jurisdiction
Diddle and Doodle and the website is created and controlled in the State of Victoria, Australia. All purchases are subject to the laws of the Commonwealth of Australia, and, where applicable the State of Victoria. By using this site you submit to the jurisdiction of the courts of the State of Victoria and the Commonwealth of Australia and agree that any legal action will only be commenced in these forums.
capacity to contract
Orders can only be placed with Diddle and Doodle by persons with capacity to contract and who are of the age of majority, who are over the age of either 18 or 21, as legislated in your place of residence or applicable jursidiction.
acknowledgement and acceptance of terms & conditions
By accessing, using or browsing the website or placing an order you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“terms & conditions”).
Diddle and Doodle may at any time revise the terms & conditions by updating this website without providing notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms & conditions.
limitation of liability
Any liability of Diddle and Doodle or its associates in connection with goods and services supplied to you will be subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the discretion of Diddle and Doodle will be limited to:
In relation to goods:
- the replacement or repair of the goods;
- the supply of equivalent goods;
- the payment of the cost of replacing or repairing the goods; or
- the payment of the cost of obtaining equivalent goods.
In relation to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
conclusion of a transaction
The agreement for sale is concluded only when goods are handled over to the designated carrier.
copyright
All content on this site, including text, icons, graphics, etc are the property of Diddle and Doodle or its suppliers and are protected by Australian and international copyright law and conventions. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent.
shipping and duties
Diddle and Doodle can only ship to a limited number of countries, as listed on our
customer service page. Diddle and Doodle is not responsible for customs charges and restrictions in addition to any displayed shipping costs. These vary from country to country and may result from the importation or certain products. The purchaser remains responsible for all charges and fees incurred.
Diddle and Doodle will not be held liable for any delays that occur to the shipping of its goods or service that arise as a result of incorrect delivery details, disaster, war, terrorism, delays imposed by shipping agencies which have been contracted by Diddle and Doodle in good faith, or, the actions of governmental agencies.
confirmation of order
All orders placed are an offer of purchase and are subject to acceptance by Diddle and Doodle. If an order is not accepted and will not be charged or a full refund will occur at the earliest possible convenience. Diddle and Doodle reserves the right to refuse an offer for any reason. Diddle and Doodle also reserves the to seek further information to establish the validity of any order.
payment
Diddle and Doodle is under no obligation to ship any goods ordered until payment for those goods has been received. In the case of payment by cheque, this would mean the clearing of funds represented by the cheque. In the event of the requested goods being unavailable Diddle and Doodle may cancel the transaction and effect a full refund.
All prices listed, displayed and charged in Australian Dollars and are inclusive of any applicable Australian Goods and Services Tax (“GST”), unless otherwise indicated.
Orders lodged from a location outside of Australia and delivered to a location outside Australia may be exempt from being levied GST.
purpose of goods
Upon purchase of goods, the buyer agrees to use the products only for their intended purpose. Any other use will cause the buyer to assume full responsibility for any loss or damage arising out of their use. Questions as to use can be directed to Diddle and Doodle via our
contact page.
reviews and comments
Throughout the use of the site users may be invited to review certain products. If you do submit such reviews, you give Diddle and Doodle permission to use, reproduce, modify and publish them in a royalty-free, irrevocable manner. You also permit Diddle and Doodle to publish your first name, company name and State or Town.
Such reviews posted, in no way represent the views or opinions of Diddle and Doodle and its related partners, any of its directors, officers, employees, consultants or shareholders (all hereafter referred to as “Diddle and Doodle’s Associates”). They are the sole product of its creator.
advice and information
The advice and information contained within this website is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. While we make every effort to ensure that the information contained within this website is correct, we take no responsibility for any loss or damage arising from its use.
links to other sites
Diddle and Doodle maintains links to other web sites but makes no representations as to the accuracy of the material therein, and is not responsible for the content and conduct of these sites.
disclaimers
You understand and agree that your use of the website is at your own risk. The website is provided on an “as it is displayed” and “as available” basis.
Diddle and Doodle and Diddle and Doodle's Associates make no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on the website. Diddle and Doodle does not warrant that this website, its servers, or e-mail sent from Diddle and Doodle are free of viruses or other harmful components.
To the fullest extent permitted by applicable law, Diddle and Doodle disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement.
You acknowledge and agree that, subject to the section dealing with "limitation of liability", Diddle and Doddle or Diddle and Doodle's Associates will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.