Welcome to Dilscoop Institute Pty Ltd Terms & Conditions

Greetings from Dilscoop Institute Pty Ltd! This document outlines the terms and conditions that apply to your interaction with our website, https://www.dilscoop.com.au, and any associated features (referred to as the “Site”). Dilscoop Institute Pty Ltd (ABN 15 642 571 677) owns and operates this Site and is referred to as “Dilscoop Institute,” “we,” “our,” or “us.”

These Terms and Conditions, which include our Privacy Policy and other related documents, govern your use of the Site and any products you may order through it. By browsing, accessing, or placing an order (“Order”), you agree to abide by these Terms. We reserve the right to make changes to these Terms at any time, and the updated version will be posted on our Site. By continuing to use the Site, you agree to be bound by the revised Terms.

1. ACCESS AND USE OF THE SITE

1.1 Usage in Compliance: You must use the Site in accordance with these Terms and the relevant laws.

1.2 Restrictions: You are not permitted to:

(a) Disrupt or interfere with the Site or the servers and networks hosting it;

(b) Utilise data mining, robots, screen scraping, or any similar data collection tools on the Site;

(c) Compromise the security of the Site or its other features.

1.3 Account Registration: To access specific features, you are required to register an account (“Account”) by providing accurate and current personal information, which includes your name, address, and a valid email address. You are prohibited from registering multiple Accounts, and if you are under 13 years old, you should not create an Account.

1.4 Order Placement: To place Orders through an Account, you must be at least 18 years old and capable of entering into a legally binding agreement with us. If you are under 18, you can only place an Order with the involvement of a parent or guardian, as we do not sell products to children.

1.5 Account Responsibility: All activities on your Account, including Orders placed through it, are your responsibility, and you must ensure the security of your Account password. We do not assume responsibility for unauthorised activity on your Account if you fail to secure your login information, and we may report fraudulent or illegal activities to the relevant authorities.

1.6 Unauthorised Account Use: Using someone else’s Account without their or our permission is strictly prohibited. If you suspect unauthorised use of your Account or a compromised password, promptly contact Customer Service and take immediate steps to secure your Account.

1.7 Site Availability: We do not guarantee uninterrupted availability of the Site and make no warranties regarding the content of linked websites.

1.8 Site Linking Restrictions: You are not allowed to link to our Site or any of its parts in a manner that harms our reputation. This includes any suggestion or implication of an affiliation or endorsement that does not exist or is illegal.

1.9 For collaboration opportunities or wardrobe loans, please send an email to [email protected].

2. INFORMATION ON THIS SITE

2.1 Copyright and Intellectual Property: The Site and its content are protected by copyright, trademarks, and various other intellectual property rights. These rights are either owned by or licensed to Dilscoop Institute or Thilakaratna Dilshan.

2.2 Use of Material: You are not allowed to reproduce, transmit, adapt, distribute, sell, modify, publish, or engage in any other use of the material found on the Site, including audio and video excerpts, without obtaining our prior written consent, except as permitted by applicable law.

2.3 Product Information Disclaimer: Information concerning products on the Site is sourced from third-party merchants, suppliers, or manufacturers. We cannot be held liable for inaccuracies arising from incorrect information provided by these parties, except as mandated by the law.

2.4 Product Representation: Some products may exhibit slight variations in appearance, such as color, compared to their representations on the Site due to limitations in photographic and screen display. Certain product depictions are chosen or created by us for promotional purposes and may not precisely mirror the actual products.

3. ORDER AND FORMATION OF CONTRACT

3.1 Ordering Procedure: When placing an Order, you are required to follow the instructions provided on the Site for making and modifying your Order before submission.

3.2 Pricing and Payment: Upon selecting a product for Order, you will be presented with the final price, inclusive of Goods and Services Tax (“GST”) and any applicable charges, such as delivery fees. Unless otherwise specified, all charges are in Australian Dollars.

3.3 Payment and Entitlement: Payment for your Order must be made in full at the time of ordering using the payment methods available on the Site. You must possess the necessary authorization and sufficient funds or credit facilities for the chosen payment method. We do not assume responsibility for payment providers’ decisions to accept your payment method, nor do we provide any warranties or assurances about them.

3.4 Authorization and Security Checks: By placing an Order, you expressly authorise us, before accepting your Order, to conduct credit and security checks. We may also transmit or obtain information, including your credit card details, from third parties as needed to validate your credit card, perform initial credit card authorizations, implement loss prevention and anti-fraud measures, and authorise individual purchase transactions.

3.5 Order Amendments: In case you realise an error in your Order after submitting it to the Site, please contact Customer Service immediately. However, please note that we cannot guarantee the ability to amend your Order according to your instructions, and fees may apply for processing changes.

3.6 Contract Formation: Upon placing an Order, you will receive an Order confirmation by email. This email serves as an acknowledgment and does not constitute acceptance of your Order. The formation of a contract between us for the purchase of goods (“Contract”) will occur when you receive a shipment confirmation email from us. We are under no obligation to supply the product to you until we have accepted your Order. We reserve the right to refuse an Order for various reasons, including:

(a) Product unavailability (in which case we may request a resubmission of your Order or offer an alternative product or sise);

(b) Suspected resale of our products to other consumers;

(c) Suspected fraudulent activity in your Order or related to credit card or payment;

(d) Errors in imagery, price, or product description on the Site;

(e) Errors such as the inadvertent inclusion of an item in a specific sale or promotion.

3.7 Cancellation Rights: Up to section 3.8, both we and you retain the right to cancel your Order until it is accepted. If an Order is cancelled by either party before acceptance, we will promptly refund any payment you have already made to your original payment method. No changes will be made to the Terms of an accepted Order; the Terms that applied when the order was placed will remain in effect.

4. DELIVERY

4.1 Delivery Timeframe: We aim to deliver the products to the delivery address you specify at the time of your Order within the estimated time indicated by us when you place the Order. However, we cannot guarantee exact Delivery dates or times. The information provided regarding Delivery options is indicative and may vary.

4.2 Late or Delayed Delivery: While we will make reasonable efforts to inform you in case, we anticipate being unable to meet our estimated Delivery date or time, we are not liable for any losses, liabilities, costs, damages, charges, or expenses resulting from late or delayed delivery, to the extent permitted by law.

4.3 Delivery Process: Our objective is to deliver your Order to the address you provided during the purchase. It is your responsibility to ensure that you can accept the product without undue delay and within a reasonable time specified by us. Our delivery partners may contact you via SMS before delivery to offer various options, including granting “authority to leave” the item at the specified address or redirecting delivery to a collection point. If you are not available, the courier may leave a card requesting your instructions for redelivery or collection.

4.4 Authority to Leave: By default, you authorise us to leave items at the address specified in your Order. If the delivery driver considers the area unsafe at their discretion, your Order will be redirected to a collection point, rescheduled for the next available delivery run, or returned to our Fulfillment Centre. If you unreasonably refuse Delivery or fail to accept or collect the product within two weeks of the first delivery attempt, we may, without affecting any other rights or remedies available to us, either:

(a) charge you for reasonable storage fees and incurred costs;

(b) no longer make the product available for Delivery or collection and inform you of the cancellation of the applicable Contract. In this case, we will refund any money paid to us following our returns policy, minus reasonable administrative charges, including those for delivery attempts, returns, storage fees, and other associated costs.

4.5 Delivery Limitations: Please be aware that delivery may not be possible in some locations, and we may not offer equivalent delivery options to certain areas that we do serve. If we cannot deliver to your location, we will notify you through the relevant product page or contact information you provided when placing your Order. In such cases, we will arrange for either Order cancellation or delivery to an alternative address.

4.6 Transfer of Risk: Unless you specify otherwise, all risk associated with the product passes to you upon delivery. If the delivery is delayed, the risk transfers as if delivery occurred on the original estimated date. From the point at which risk transfers to you, we are not liable for product loss or damage.

4.7 Product Handling: When opening the product, particularly when using sharp instruments, take care to avoid damaging it.

5. CANCELLATION

5.1 Contract Termination: We reserve the right to terminate a Contract if the product becomes unavailable for any reason. In such cases, we will promptly inform you and refund any payment you’ve made. The refund will be processed using the original payment method you used. If the refund transaction is unsuccessful, we will inform you and arrange for an alternative refund method.

5.2 Customer Cancellation: If you decide to cancel your Order, please get in touch with our Customer Service Team. Once an Order has been processed, it cannot be canceled, and the item must instead be returned to us following our returns policy.

6. FAULTY PRODUCT RETURNS

6.1 Quality Assurance: We strive to provide products of the highest standard and quality. If you receive a product with a defect, please contact our Customer Service team promptly. We will guide you through the returns process and work to resolve the issue as swiftly as possible. To facilitate the return process, you may be asked to provide images depicting the damage, defect, or fault for an initial assessment. Additional information may be requested to support your claim and assist in our evaluation of the product.

6.2 Defective Product Resolution: If the product is confirmed to have a defect, we will take appropriate action, which may include replacing or repairing the product or refunding the product’s price to your original payment method. If the product is found not to have a defect or is deemed out of warranty, we will contact you to determine whether you would like us to dispose of the product or return it to you at your expense.

6.3 Definition of Defect: Please note that it does not constitute a defect if, in our reasonable judgment, a product has become of unacceptable quality following the sale to you due to factors such as fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, using it in an abnormal manner, or failing to take reasonable care.

7. CHANGE OF MIND RETURNS

7.1 Return Eligibility: In addition to your rights concerning faulty products as outlined in clause 6, you have the option to return any product under the following conditions:

(a) The return must be initiated in your Account and the return package must be sent within 30 days of receiving the shipment confirmation email (or a longer promotional return period, if applicable).

(b) The product must be unworn, unused, and in saleable condition, with the original tags still attached.

(c) The product must be returned in its original packaging, which should be in its original condition, including sealed boxes, branded dust bags, and shoe boxes (except for products sealed for hygiene reasons – see below).

(d) The product must not be specifically excluded from the change of mind returns policy, such as ‘Final Sale’ items. Exclusions will be indicated on the relevant product page on our Site.

7.3 Efficient Returns Process: To facilitate a swift assessment and processing of these returns, you must follow the instructions provided under ‘Start a return’.

7.4 Return Outcomes: After receiving and inspecting your return, we will contact you to discuss the next steps. If it is determined that the return complies with clause 7.1, we will either:

(a) Refund the price of the returned product to your original payment method;

(b) Exchange the product for another sise, subject to availability.

7.5 Costs and Fees: We will not refund any Delivery Fees that you paid for the product’s initial shipment to you or the cost of any packaging you use to send the items back to us. If, in our reasonable judgment, the return does not meet the requirements of clause 7.1, we will contact you to arrange for the return of the product to you, and you will be responsible for the shipping costs both to and from us.

7.6 Return Policy Flexibility: We offer a flexible change of mind returns policy to enhance your shopping experience. We monitor return frequency and value for the purposes of fraud prevention, abuse prevention, and general security. In cases of unusually high return frequency and values, we reserve the right to close or block access to your Account or deny you from making future orders.

7.7 Legal Rights: Nothing in this clause is intended to exclude any rights specified in clause 6 or any of your statutory rights as a consumer under the Australian Consumer Law.

8. VOUCHERS, GIFT CARDS, AND STORE CREDIT

8.1 Use of Vouchers and Gift Cards: You have the option to utilise vouchers, promo codes, or gift cards as a form of payment for specific products on the Site. Vouchers may be issued electronically or obtained through selected retailers, while promo codes are accessible onsite or through marketing partners. For each Order, only one voucher or promo code can be applied, but you can use multiple gift cards. Vouchers and electronic gift cards may be sent to you or a designated recipient via email. Please ensure the accuracy of the provided email address. The security and responsible use of your vouchers and gift cards are your responsibility, and they should be treated with the same care as cash. We assume no liability for the loss, theft, or unauthorised use of vouchers or gift cards, including instances of unauthorised usage due to email compromise. We actively monitor the issuance and redemption of vouchers and gift cards. In cases of fraud, misuse, attempted deception (including self-referral), or suspicions of illegal activities related to the issuance or redemption of vouchers and gift cards, we reserve the right to close or block access to your Account and may require an alternative payment method. Gift cards may be blocked if law enforcement notifies us of fraudulently obtained gift cards.

8.2 Voucher/ Promo Code Redemption Conditions: (a) Periodic release of vouchers and promo codes may occur. These vouchers and promo codes are valid only for the specified duration mentioned on them and must be redeemed according to any specific terms outlined on them, such as minimum spending requirements, validity periods, and brand, product, or sale exclusions. Each Order can apply only one voucher or promo code, and some vouchers or promo codes may be redeemable only once per voucher or promo code. Vouchers and promo codes cannot be combined with another voucher or promotion code.

(b) Some products may be excluded from voucher or promo code promotions, and unless explicitly stated, these promotions do not apply to shipping costs.

(c) Vouchers and promo codes cannot be exchanged for cash or used to purchase gift cards. If you place an Order for a product with a value less than the voucher or promo code, no refund or residual credit will be issued. If the credit from a voucher or promo code is insufficient for your desired Order, you may pay the remaining balance through other means, excluding the use of another voucher or relying on a different offer.

(d) Vouchers and promo codes will be applied on a pro-rata basis to items eligible for vouchers in order to determine the final price for those items. In cases where you return an item purchased with a voucher or promo code, we will only refund the final price you paid for that specific item.

(e) We actively monitor for any misuse of vouchers and promo codes and retain the right to deactivate vouchers or promo codes or block individuals not adhering to their specified terms.

8.3 Bundle Deals and Multi-Buy Promotions: If you cancel or return only specific items acquired through bundle deals or multi-buy promotions, any items you choose to retain will be charged at their full price, and the refund amount will be adjusted accordingly.

9. DISCLAIMER AND LIABILITY

9.1 Limitation of Liability: This clause takes precedence over all other clauses and, to the extent permitted by law, outlines our entire liability and your exclusive remedies for:

(a) The performance, non-performance, alleged performance, or delayed performance of these Terms, a Contract, or the Site (or any part of them); or

(b) Any other matters related to these Terms or the execution of these Terms.

9.2 Exceptions: Nothing in these Terms excludes or limits your statutory rights as a consumer or our liability for:

(a) Fraud;

(b) Death or personal injury resulting from our breach of duty;

(c) Any breach of obligations imposed or guaranteed by law; or

(d) Any other liability that cannot be excluded or limited by applicable law.

9.3 Duty of Care: In fulfilling any obligation under these Terms, our sole duty is to exercise reasonable care and skill.

9.4 Specific Exclusions: (a) To the extent permitted by law, we do not warrant and exclude all liability concerning the accuracy, completeness, fitness for a particular purpose, or legality of any information accessed through the Site.

(b) We exclude all liability of any kind for the transmission, reception, or failure to transmit or receive any material of any nature.

(c) You should not base your purchasing decisions on any information obtained through the Site. It is your responsibility to conduct your own inquiries before forming an opinion and taking action based on such information.

(d) You are responsible for ensuring that the products are suitable and appropriate for your needs and meet your specific requirements. We do not guarantee that the products will meet your individual requirements. You acknowledge that the products are standard and not customised to meet any particular requirements you may have.

(e) We do not accept, and hereby exclude, any liability for a breach of duty other than any such liability arising pursuant to the provisions of these Terms.

(f) Despite any contrary provision in these Terms and to the extent permitted by law, under no circumstances shall we, our affiliates, related entities, employees, directors, agents, or suppliers be liable for lost profits, anticipated profits, or any punitive, exemplary, special, incidental, or consequential loss or damages arising from or in connection with the Site, the supply of goods or services, or these Terms (however arising, including negligence). You agree to take sole responsibility for the legality of your actions in accordance with the laws that apply to you. You acknowledge that we, our affiliates, related entities, or our suppliers bear no responsibility for the legality of your actions.

10. PRIVACY

10.1 Handling of Personal Information: We handle your personal information in accordance with our Privacy Policy.

10.2 Use of Personal Information: You consent to the use of your personal information for Order progress notifications and record-keeping.

Please refer to our Privacy Policy at www.dilscoop.com.au/privacy-policy  

When you provide us with your email address or mobile phone number, you may choose to receive electronic communications related to news, promotions, bag reminders, updates on the status of returns and refunds, and other relevant matters. We may also communicate with you electronically as specified in the Privacy Policy. Your consent to receive specific communications may be implied through the utilization of certain functional aspects of our service.

11. GENERAL

11.1 Entire Agreement: These Terms constitute the complete agreement between you and Dilscoop Institute, superseding and excluding any previous Terms published on this Site.

11.2 Assignment: You may not assign, delegate, or otherwise transfer any of your rights or obligations under these Terms. Dilscoop Institute retains the right to assign or delegate any of its rights or obligations under these Terms to any person.

11.3 Force Majeure: Dilscoop Institute shall not be liable for any breach of its obligations under these Terms where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labor dispute, act of God, infectious disease pandemic, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident, or damage caused by any such events.

11.4 No Waiver: No waiver by Dilscoop Institute of any default of yours under these Terms shall operate or be construed as a waiver by Dilscoop Institute of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by Dilscoop Institute to you shall in any way release, discharge, or otherwise affect your liability under these Terms.

11.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to Dilscoop Institute, or to Dilscoop Institute at its registered office.

11.6 Third-Party Rights: All provisions of these Terms apply equally to and are for the benefit of Dilscoop Institute, its subsidiaries, any holding companies of Dilscoop Institute, its (or their) affiliates, and its (or their) third-party content providers and licensors. Each party shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).

11.7 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

11.8 Severability: If any provision of these Terms is held to be unlawful, invalid, or unenforceable, that provision shall be deemed severed, and where capable, the validity and enforceability of the remaining provisions of these Terms shall not be affected.

11.9 Governing Law: These Terms (and all non-contractual relationships between you and Dilscoop Institute) shall be governed by and construed in accordance with the law of Victoria, and both parties hereby submit to the jurisdiction of the courts of Victoria.

Contact Us

If you have questions or concerns about these Terms, please contact us at:

Dilscoop Institute Pty Ltd

ABN 15 642 571 677

Email: [email protected]

Effective date:  4^th of November 2023

Please note that the effective date should be filled in with the actual date of these terms and conditions.