Terms & Conditions - Legal

GENERAL PURCHASING
By placing an order, you are offering to purchase a product on and subject to these Terms.

You must provide your full name, delivery address, email address, telephone number and payment details when you purchase.

Please ensure that all details provided are complete and correct at the time of purchase.

A contract to purchase the goods will only pass once we receive your payment. The title of the goods passes to you once we have received payment.

You may cancel your order within 24 hours and pay all restocking/cancellation fees associated.

Delivery of your ordered product(s) outlined in the Postage & Handling Terms. Please refer to the Postage & Handling section below for further information.

All risk of loss or damage to the goods passes to you when we despatch the goods.

From time to time, Upper Dhali® may offer purchases by Invoice or custom listing on the website. Please note that these invoices/custom listings are only valid for 24 hours due to reservations of the items to secure them for you. Any special terms & conditions associated with these invoices become void upon expiration of your invoice. 

NOTICE - Upper Dhali® reserves the right to refuse service to any person or business so long as we do not breach the Australian Commonwealth Human Rights Commission anti-discrimination policy. 

MADE TO ORDER SERVICE
Ordering Made to Order items (also known as commissions, custom orders, bespoke, personalised, for example), you are offering to purchase subject to the same terms as outlined within the General Purchasing terms section noted above in addition to the following terms:

• Any booking deposit paid to secure your order into my schedule is non-refundable.
• Before the commencement of work, Upper Dhali® will send a design inspiration board for approval. After approval, design changes will attract additional design fees.
• Full payment (cleared funds) is required before the commencement of all Bespoke Service products.
• Client approval on finalisation is required by way of written acceptance by email before shipment. Your item will be posted within two business days of such approval or on the next posting day, whichever arrives first.

PRICING
All prices are in Australian Dollars (AUD) and are not inclusive of Goods & Services Tax (GST) (last update 1st January 2023).

Postage is an additional charge unless otherwise indicated. Full payment, including postage, is required before the shipment of your item.

Prices are subject to change without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of a product or service offered on our website.

Whilst we endeavour to ensure that all details, descriptions and prices on this website are accurate, errors (including processing errors) may occur. We reserve the right to cancel a transaction if a product has been listed at the incorrect price or with an inaccurate description or image due to a typographical error or similar human oversight. If you cancel an order you already paid, we will refund you the amount paid via the payment method you used for the transaction.

POSTAGE & HANDLING
For detailed information on our postage & handling information, please read our Shipping page.

REFUNDS & EXCHANGES
For detailed information about refunds & exchanges, please see our Refunds and Exchanges page.

PRIVACY
For detailed information about your privacy, please see our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS
The materials displayed on this website, including without limitation all products, information, text, materials, graphics, images, advertisements, names, logos and trademarks on the website, are protected by copyright, trademark & other intellectual property laws. The content is provided for personal use only, and you must not:

- modify, adapt, copy, reproduce, republish, display, transmit, distribute, store or create derivative works of the content without our prior written consent; or
- commercialise any content or products from any part of this website without our prior written consent.

Upper Dhali® and the Upper Dhali® logo are registered trademarks in Australia owned by the proprietor of this website.

SECURITY OF INFORMATION
Security of data transmission over the internet is not guaranteed. You are responsible for taking security precautions for accessing this website (e.g., anti-virus software). We do not accept any responsibility or liability for any interference or damage to your computer system which arises in connection with your use of this website or any linked website.

INDEMNITY
You must indemnify us and hold us harmless from and against all losses, damages, claims, actions, proceedings, costs and expenses (including legal fees) arising from or in connection with your use of the website or your breach of any of the terms.

VARIATION
In our absolute discretion at any time and without notice, we may amend, remove or vary the website, the content or any of the products featured on the website.

DISCLAIMER
To the fullest extent permitted by law, we exclude all express and implied warranties, conditions, and terms, including, without limitation:

(i) any warranty relating to the accuracy, reliability or completeness of the website or any of the content;
(ii) any warranty relating to the merchant-ability or fitness for any particular purpose of any of the products referred to on the website or that are supplied by us; or
(iii) any warranty that your use of or access to the website will be uninterrupted or error-free.

To the fullest extent permitted by law, we do not accept any responsibility or liability for any loss, damage, cost, claim or expense, howsoever arising (including negligence) from or in connection with:
(i) the use or performance of (or any inability to use, or failure of) the website or any Linked Website;
(ii) your use of or reliance on the content or any omission from the content;
(iii) any products or services supplied by us or referred to on the website;
(iv) our failure to comply with our obligations as set out in these Terms, even if such loss or damage is reasonably foreseeable.

Where Upper Dhali® cannot exclude liability, our liability is limited to repairing, replacing or refunding the products purchased.