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Terms of Sale

These terms and conditions apply to the use of this website and the order, purchase, fulfilment and delivery of products from Damha Tech.

The advertised price of a product may change without notice. We reserve the right to refuse sale if, due to errors of a technical nature or any other reason we deem reasonable, the incorrect product, price or other information is published on our website.

By placing an order, you make offer to us to enter into an agreement to purchase the product(s) included on your order. We reserve the right to cancel your order and refund you the full transaction amount in the event we cannot fulfil your order, or for any other reason which we may deem reasonable.

You are responsible for ensuring the correct information such as address details, contact details and products you want to purchase, has been provided to us. We will not be liable or responsible any incorrect products ordered by you.

Cancellations

You may cancel your order at any time prior to the product being dispatched. Once a product has been dispatched, no cancellations will be accepted, however the product can be returned to us subject to our 100 days Easy Returns policy.

Wholesale orders

These conditions do not apply to wholesale customers.

Product information and descriptions

All information contained on our website, including products and pricing is subject to change without notice. While all care is taken to provide correct information, we update any errors as it comes to our attention.

Delivery costs

Unless specified, shipping costs will be in addition to the product price. Some products may come with free shipping. Where premium or express shipping is available, it is your choice as to which option you would like. The applicable charges will be added to your order during checkout.

Delivery service

Deliveries will usually occur Monday through Friday from 9am until 5pm by a third party company. If available, weekend or late night options will be presented during checkout.

Receiving goods

Should you choose to provide authority for your products to be delivered without being present to inspect them, you acknowledge that you accept all liabilities towards damaged or missing products. Where a supplementary delivery attempt must occur, you may be charged a re-attempt fee. Any waiving of this fee is solely at our discretion.

Returns

Returns for faulty or damaged goods, goods not fit for purpose or any other criteria set out in Australian Consumer Law will be repaired, replaced or refunded. This will occur at our discretion if considered a minor failure, or at your choosing if it is considered a major failure. You may qualify for our 100 days Easy Returns. This policy can be found on our returns page.

Delays

You agree that you release us for all liabilities relating to delays of a nature outside of our control. This may include, but is not limited to, shipping times or any force majeure event.

General Liability

To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.

Severability

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

Exercise of power

A failure or delay by Damha Tech to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Damha Tech does not preclude its future ability to exercise that or any other power or right.

Intellectual Property

References to companies and their respective intellectual property are for reference purposes only. Trademarks used on our website are owned by the respective brand.

Jurisdiction

All policies, terms and conditions and any other statutory requirements are governed by and must be construed according to the law of the State of NSW, Australia and the parties submit to the jurisdiction of the courts in that State.

If you do not understand any of these Terms and Conditions or if you have any questions, then please email our team at sales@damha.com.au and we’ll be happy to help.

This policy was last updated on 19th May 2016.