Terms & Conditions

Our Terms and Conditions of Sale and Use

The following Terms and Conditions ("Terms") govern the use of the deva AUSTRALIA website (the "Site") and the purchase of any goods, products or services from it. By using the Site or purchasing any goods, products or services from deva AUSTRALIA, you acknowledge that you have read and understood these Terms and agree to accept and be bound by them.

We reserve the right to modify and revise our Terms at any time without notice to you. Any such changes shall be effective immediately upon posting of the change onto the deva AUSTRALIA website. By using the Site, you agree to review these Terms and shall be conclusively bound by any such future modifications.

Definitions

In these Terms:

'Site' shall mean the deva AUSTRALIA website/s where products are offered for sale using the deva AUSTRALIA interface.

'Company' shall mean deva AUSTRALIA Pty Ltd ABN 61 116 609 691.

'Goods' or 'Products' shall mean any goods, products or services made available to customers through the deva AUSTRALIA website .

'Work' shall mean any output using the Intellectual Property of the Company that includes but is not limited to design, artwork, drawings, graphics, images, sketches, illustrations, paintings, photographs, fonts, dummies, models, mock-ups, negatives, interactive design, navigation elements, or any other items created for the Company.

'Intellectual Property' shall mean strategies, concepts, processes, procedures, mechanics, devices, methodologies, tools, skills and skill sets, typesetting, source code and software used or developed for the Company.

Definitions within these Terms where written in the singular form include the plural, where written in the plural form include the singular, and variations thereof.

Incorporation of Terms of Trade

All dealings or transactions with the Company, including but not limited to the 'Terms of Use' of the deva AUSTRALIA website are subject to these Terms.

Disclaimer

The Company, its affiliates take every reasonable step to ensure all information including description of goods, products, services and pricing on the Site are current and as accurate as possible. However, the Company does not warrant that product descriptions or other content on this Site are accurate, complete, reliable, current, or error-free. If a product or service offered by the Company is significantly different to its description, you are able to return it in unused re-saleable condition.

It is a condition of return that goods have to be returned to the Company undamaged, unopened, unused and in its original condition. Refer to section on Shipping for conditions on return.

The deva AUSTRALIA website is provided on an 'as is' basis. deva AUSTRALIA Pty Ltd makes no warranty, expressed or implied, on the operation of the Site, nor does it warrant its information, materials or content included within the site. Use of this Site is at your own risk.

The Company accepts no responsibility for any outcomes that may arise as a result of misinterpretation of any of the information obtained from the Site.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY THAT THE SITE OR THE INFORMATION WILL MEET YOUR REQUIREMENTS;

THAT THE QUALITY OF INFORMATION OR SERVICES OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, TROJANS OR SPYWARE, ERRORS OR OTHER HARMFUL COMPONENTS. WE WILL ENDEAVOUR TO ENSURE THAT ITS CONTENT IS ACCURATE AND ERROR-FREE.

HOWEVER, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

The Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, damages from loss of profits, goodwill, data or other intangible losses, resulting from but not limited to:

- the use of the Site or the inability to use the Site;
- orders placed by customers using the Site
- non-deliveries and late deliveries
- backorders
- misrepresentation of products
- the cost of procurement of products resulting from any goods, data, information or messages received or transactions entered into through or from the Site;
- unauthorised access to or alteration of the user's transmissions or data;
- any other matters relating to the Site.

The Company shall be indemnified and held harmless from and against all claims for loss of profit, damages of any kind (including cost of litigation and legal fees) or injury or death to person(s) caused by, arising from or incidental to the use of the deva AUSTRALIA website or the inability to use any software or any other service developed by the Company. The laws of The State of Victoria, Australia govern these Terms and Conditions.

Copyright & Intellectual Property

deva AUSTRALIA website is owned and operated by deva AUSTRALIA Pty Ltd ABN 61 116 609 691. All content including text, images, name and logo are copyright the Company. You may download the information, images and text as necessary to enable your access to the Site.

However, other than the authorised use of the Site under these Terms, you may not retain, copy, reproduce, reverse engineer, modify, distribute or sell any information, images or text on the Site for any purpose, unless authorised by the Company in writing.

You agree not to sell, resell, copy, reproduce or distribute this site in whole or in part for any commercial or other purpose. The Company retains full and total ownership of any Intellectual Property it creates for the Site and the Company.

Proprietary Rights

You acknowledge and agree that the Site and any software used by and in conjunction with the Site may contain proprietary and confidential information. This information is protected by applicable intellectual property laws and other applicable laws.

The Company grants you a non-transferable and non-exclusive licence to use the computer code of its software through your internet browser and you agree not to copy, modify, reverse engineer, or attempt in any way to expose the code for sale, assignment or sub-license, or transfer or exchange any right in the code or its accompanying software, or allow any third party to do likewise. You agree to access the Site solely through the deva AUSTRALIA interface.

Provision of information

The Company will require you to provide your name, address, contact details, credit card number or other details as necessary to effect the order and delivery of goods. We may also ask you for other details to help us improve our services to you. You agree to provide to the Company information that is current and accurate. Should you enter incorrect details the Company shall not be liable for any consequences arising from the inaccuracy of the information.

Where incorrect delivery addresses have been entered, the Company will not be liable for the cost of resending the goods to the correct address.

Product Representation

All product descriptions, pricing, images and other details displayed on the deva AUSTRALIA website are current at the time of display. We reserve the right to vary the details without notification. We will endeavour to be as accurate as possible with any information we display on the Site.

However, the Company does not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. If a product or service offered by deva AUSTRALIA is significantly different to its description, you are able to return it in unused re-saleable condition. It is a condition of return that goods have to be returned to the Company undamaged, unopened, unused and in its original condition within 5 days from time of original receipt of goods.

Placing an order

On receipt and full payment of an order, an email confirmation will be sent to you to confirm your order. By placing an order, you acknowledge that you have read and understood these Terms and agree to accept and be bound by them. Upon confirmation, all orders are subject to our Terms.

Order cancellation

Cancellation of orders must be notified to the Company immediately. To cancel an order, you can contact +61 3 9561 2202. Alternatively email us. Once goods are despatched, cancellation of an order cannot be effected.

Stock availability

The Company will endeavour to ensure that products displayed on the Site are available. However, the Company cannot guarantee stock availability. As such, the Company will not be liable for stock unavailability or for any direct, indirect, incidental, special, consequential or exemplary damages, damages from loss of profits, goodwill, data or other intangible losses, due to stocks being unavailable for purchase.

Delivery

We endeavour to deliver your orders as per details in the Shipping section. The Company shall not be liable for late deliveries or for any direct, indirect, incidental, special, consequential or exemplary damages, damages from loss of profits, goodwill, data or other intangible losses, resulting from late deliveries.

Non-deliveries

If an order does not arrive within the expected time, please notify. We will endeavour to track the status of the delivery and advise you accordingly. If your goods are lost in transit, the Company will replace the item and re-deliver at no cost to you.

The Company reserves the right to investigate the nature of the non-delivery before agreeing to replace the item and re-deliver at its cost. If non-delivery is due to an incorrect delivery address provided by you, the Company will not be liable for the cost of replacing or resending the goods to the correct address.

Damaged goods

Goods that are damaged in transit or upon delivery must be notified to the Company alongwith photographs showing the damage, within 5 days of receipt of goods. The Company will replace damaged goods and re-deliver at no cost to you.

The Company however reserves the right to investigate the nature of the damage before agreeing to replace the item and re-deliver at its cost. The Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, damages from loss of profits, goodwill, data or other intangible losses, resulting from damaged goods.

Defective goods

deva AUSTRALIA deals in goods that are handmade items. All of their production process is carried out by skilled crafts persons by hand. Therefore minor imperfections in filing, buffing, enamelling, stitching, printing and/or dust particles and related scratching are unavoidable. These are not considered as a defect, albeit, confirm their handmade heritage. The packaging or presentation box do not constitute the product.

If a product is deemed to be defective, the warranty conditions (if specified) for that product will apply. Goods that are defective upon delivery must be notified to the Company within 5 days of receipt of goods. The Company will replace or repair defective goods and re-deliver at no cost to you.

The Company however reserves the right to investigate the nature of the defect before agreeing to replace or repair the item and re-deliver at its cost. If goods are found to be defective, return freight charges will be borne by The Company.

Returns & Exchange

The Company will not accept any request for returns or exchanges due to change of mind or duplication of purchase or duplication of product ownership as a consequence of unsold stock, receiving a gift etc.

Returns shall be accepted for a refund or exchange only where goods are found to be significantly different to their description. Defective or damaged in transit items shall be accepted for return and replacement only as per detailed explanations above. The Company will be liable for return freight costs only where it has issued a Return Authorisation.

The Company reserves the right to reverse or amend this policy in the future.

Warranty

To the full extent permissible by applicable law, deva AUSTRALIA Pty Ltd disclaims all product warranties, expressed or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose.

Privacy

The Company may collect personally identifiable information from you. The Company will not sell or rent any personally identifiable information that has been provided by its customers.

Our Privacy Policy is posted on the deva AUSTRALIA website. Customer data or information shall not be used by any related third parties for its own marketing, promotional or any other purposes without your prior permission.

The Company will take reasonable steps to protect the personal information it holds from misuse and loss, and from unauthorised access, modification or disclosure. However, as the Company does not have direct control over third parties involved in the supply of information, goods, products and services for the Company, it therefore is not liable for any breach of the deva AUSTRALIA Privacy Policy by related third parties.

Links

The Company may provide links to other websites on the internet. You acknowledge that the Company will not accept responsibility or accountability for the availability or content of any other websites. Furthermore the Company does not endorse or condone, is not responsible for or liable for any product or service, or any other content made available through links to these sites.

You acknowledge and agree to indemnify the Company of any and all responsibility or liability, directly or indirectly for any loss or damage caused or purported to be caused by any link to these sites, or the reliance thereon.

General

These Terms constitute the agreement in its entirety and govern your use of the Site and the purchase of products from the Company. These Terms are governed by the laws of the State of Victoria, and by the laws of the Commonwealth of Australia. Failure to exercise any right or provision under these laws shall not constitute a waiver.

Any provision found by a court of Australian jurisdiction to be invalid shall not void any other part of these Terms. The parties (being the Company and any customer of the Company using the deva AUSTRALIA website) agree that a court of law shall endeavour to give good effect to the parties' intentions as described within these provisions.

The user agrees that regardless of law or statute, any claim or cause arising from or related to the use of the Site must be filed within three months of the occurrence of the claim or cause of action. The user agrees that failure to submit a claim or cause of action within the three month period forfeits any right to such a claim.