Terms & Conditions
Please read it carefully before ordering any products from this site.
You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
Introduction
‘Agreement’ refers to the terms and conditions presented in this site.;
‘Products’, ‘Services and ‘Information’ mean the items which Dejoi Art may supply to the customers;
‘Website’ refers to the site www.dejoiart.com.au;
‘We’, ‘us’ and ‘our’ refer to Dejoi Art;
‘You’ and ‘Your’ are a reference to the person, firm or corporation using or purchasing products in this Website.
Ownership and Restrictions
This Website is owned and operated by Dejoi Art and the Information, Services and any intellectual property and other rights relating thereto are and remain the property of Dejoi Art. The Information and Services are protected by copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable.
Except as provided in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, transmit, distribute, sub-license, sell or re-sell any part of this Website or any Service or Information without our prior written permission. The Information, Website and Services may be used solely 1. to the extent permitted in this Agreement or 2. as expressly authorised in writing by Dejoi Art.
The use of this Website or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using this Website or any Services and Information.
** The trademark and logos displayed on this Website are trademarks of Dejoi Art. **
1. General conditions
Before purchasing in this Website, please review these terms and conditions carefully since it may have changed since your last visit. Any changes Dejoi Art makes will be effective immediately upon making such change(s) available on the Website or otherwise providing notice thereof. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service constitutes acceptance of our terms and conditions in place. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use our Services.
Dejoi Art reserves the right to: (a) update, change or replace any part of the terms and conditions of this Agreement, by posting updates and changes to the Website; (b) change prices, fees and charges associated to the Website, Information and Services without notice; (c) change the Website, including eliminating or discontinuing any Product and changing its description, Information or Services or other feature without notice at any time; (d) deny or terminate your use of and/or access to the Website; (e) limit the sales and/or quantities of our Products or Services to any person, geographic region or jurisdiction (we may exercise this right on a case-by-case basis); (f) refuse Service or Products to anyone for any reason at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
By placing an order through this Website, you represent and warrant that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our Products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any viruses or any code of a destructive nature. A breach or violation of any of the terms will result in an immediate termination of your Services.
2. Products, Services and Information
You acknowledge and agree that the Products, Information and Services available in this website are owned by Dejoi Art and are protected by intellectual property laws. You must retain all trademark, copyright and other proprietary notices, downloaded or printed Information, and any such downloads or copies are subject to the terms and conditions of this Agreement and shall remain the property of Dejoi Art.
Dejoi Art products have limited quantities as they are handmade by one artist. We have made every effort to display as accurately as possible the colours and images of the Products that appear on the Website. As our Products are handmade and unique they may contain individual characteristics that cannot be replicated exactly so there won’t be identical Products available.
Items that are faulty, damaged or not fit for the purpose requested are subject to the provisions under the Competition and Consumer Act in that they are at the optional discretion of Dejoi Art, entitled to be replaced, refunded or repaired. Unique characteristics that reflect the handmade and customised nature of our items are not considered to be Legal reasons for returns, replacements, refunds or repairs.
Please refer to our Shipping & Returns policy for more detail on Products subject to return or exchanges.
3. Purchases
a) If you wish to purchase Products or Services described on the Website, you will be asked by us to supply certain information applicable to your purchase, including, but not limited to, credit card and other information. You understand that any such information will be treated by us in the manner described in our Privacy Policy. You agree that all information that you provide to us will be true, accurate, current and complete.
You agree to pay all fees and charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. All amounts appearing on the Website are quoted in AU dollars. Payments must be made using a valid credit card. Credit card payments are processed on behalf of Dejoi Art by a third party vendor (Visa, Mastercard or PayPal).
Once you have completed your purchase, you will receive an email confirming your order. Please keep this e-mail as it is your sales receipt and order confirmation for Products ordered, and will include your order number. All order fulfilment e-mails will contain a contact e-mail address at Dejoi Art which you should use to contact us if you require additional information about orders, pricing, products, services, accounts or passwords. The address for support is hellodejoiart@gmail.com.
Subject to applicable law, shipping, return and exchange of any Product purchased from the Website will be governed by Dejoi Art Shipping & Returns policy. We reserve the right, without prior notification, to change our Shipping & Return policies at any time.
4. Personal Information
Your submission of personal information through the Website is governed by our Privacy Policy.
5. Creating an account
In order to use some of the features or functionality offered on the Website or leverage on coupons or discounts, you may need to subscribe or create an account with Dejoi Art. If and when you create an account with Dejoi Art you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration from (including your date of birth and e-mail address) and (b) maintain and update your information (including your e-mail address).
You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Website, Services and/or Information. You understand that any information you provide will be treated by Dejoi Art in the manner described in our Privacy Policy.
As part of the process of creating an account, you will be asked to select a username and password. We may refuse to grand you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is disrespectful, offensive or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and or all activities that are conducted through your account. You agree not to transfer or resell your use of or access to the site to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by emailing us at hellodejoiart@gmail.com.
6. Billing accuracy and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and information, so that we can complete your transactions and contact you as needed.
7. Prohibited uses
In addition to the conditions set forth in this Agreement, from using this Website and its content, you are prohibited to: (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or its Products, Service, and Information or any contact on the Website without express written permission by us; (b) transmit any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (c) restrict or inhibit any other visitor from using the Website, including, without limitation, by means of ‘hacking’ or defacing any portion of the Website; (d) solicit others to perform or participate in any unlawful acts; (e) violate any International, federal, provincial or state regulations, rules, laws, or local ordinances; (f) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (g) submit false or misleading information; (h) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality of operation of the service or of any related website, other websites, or the Internet; (i) collect or track information about other or Website visitors or members without their express consent; (j) use the Website for any obscene or immoral purpose; (k) express or imply that. any statements you make are endorsed by us, without our prior written consent; (l) remove any copyright, trademark or other proprietary rights notices contained in or on the Information, Website or Services; (m) modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or Information; (n) ‘frame’ or ‘mirror’ any part of the Website without our prior written authorisation; (o) use the Website, Information or Services in any manner that is unlawful, including accessing the Website, Services and/or Information from any location where such access may be illegal or otherwise prohibited.
When using this Website, Information or Services, you agree to comply with all applicable laws, rules and regulations. We reserve the right to terminate your use of the Website and the Service for violating any of the prohibited uses.
8. Third-party links
This Website may contain links to third-party websites or social media channels. Dejoi Art has not fully reviewed these websites or channels and does not control them or their content and accuracy. We do not warrant and will not have any liability or responsibility for any third-party materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Your use of linked websites and social media channels is subject to the privacy practices and terms of use established by the specific linked site and channels. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.
Further, descriptions of, or references to, third-party products, services or publications within this Website do not imply endorsement of Dejoi Art.
9. Users Comments, Feedback and other submissions
If feedback submissions are sent to us by you whether online, by e-mail, by postal mail or otherwise, you agree that we may, at any time, (subject to our Privacy Policy) without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond do any Comments.
10. Ideas and postings
a. Dejoi Art won’t accept or consider creative ideas, suggestions or materials, such as original artwork or ideas for character and products (collectively referred as ‘Ideas’) other than those we may specifically request. If, despite our request that you not send such materials, you do send us Ideas, none of the Ideas will be subject to any obligation, whether of confidentiality, attribution or otherwise on our part and we will not be liable for any use or disclosure of any Ideas. By submitting, sending, posting, displaying, performing and/or otherwise distributing Ideas to Dejoi Art, you hereby grant us non-exclusive, assignable, royalty-free, perpetual, irrevocable right to use, create derivative works of, publicly display, digitally present, make, sell and offer of sale, for any purpose whatsoever, commercial or otherwise, without compensation and without an obligation to report to the provider of the Ideas, and waive all moral rights (including rights to attribution) that you may have in such Ideas. You further agree that we shall exclusively own all documents, works and other materials that incorporate all or part of any Idea(s).
b. You acknowledge and agree that other persons including Dejoi Art team members and friends who have or will make Ideas, may have submitted or may submit in the future Ideas that are similar to the Ideas submitted by you. You acknowledge and agree that you will not receive any compensation because of Dejoi Art use of other similar Ideas. You agree that no confidential or fiduciary relationship is established between you and Dejoi Art as a result of your submission of the Idea.
c. We have no obligation to monitor the Website or any Ideas, postings or other materials that you or other third parties transmit or post on the Website or social media channels (ie. Instagram, Facebook, etc.) related to Dejoi Art. You acknowledge and agree that we have the right (but not the obligation) to monitor the Website and social media channels related to Dejoi Art and the materials you transmit or post; to alter or remove any such materials; to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Website properly; to protect ourselves, our members and visitors and to comply with Legal obligations or governmental requests. We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Website or Forums by third parties, whether such third parties are visitors to the Website, members of the Website or others. We are not responsible for any error or omissions in articles or posting, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances we will be liable for any loss or damage caused by your reliance on such information obtained through the Website.
Disclaimer or Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without a representation, warranties or conditions of any kind (unless expressly stated in Legislation) either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Dejoi Art, our owners, representatives, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages of any kind incurred as a result of the use of the Services or any Products or content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by Law.
Indemnification
You agree to fully indemnify, defend and hold Dejoi Art and any of Dejoi Art owners, members, representatives and employees, harmless from and against any and all claims, damages, losses, costs (including reasonable attorney’s fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any Ideas or other materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, (c) your activities in connection with the Website, and/or (d) your inappropriate use of our Products, Services and/or Information.
Severability
In the event that any provision of these terms and conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable Law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time by notifying us that you no longer will use our Services or buy our Products, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny your access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
Entire Agreement
The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This agreement and any policies or operating rules posted by is on this Website or in respect to the Products, Service or Information constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Agreement). Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
Governing Law
These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Laws of Victoria and the Commonwealth of Australia.
Copyright
All content contained on this Website is protected by Australian and International copyright Laws, unless indicated otherwise on this Website.