Terms and Conditions
1. Website Terms of Use
1.1 Welcome to www.csdreamdesign.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2 The Website is operated by C'S DREAM DESIGN (ABN 12 179 206 202). Access to and use of the Website, or any of its associated Products or Services, is provided by C'S DREAM DESIGN. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
1.3 C'S DREAM DESIGN reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
1.4 Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by C'S DREAM DESIGN in the user interface.
2. Copyright
2.1 The Website, the Purchase Services and all of the related products of C'S DREAM DESIGN are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and all copyright are reserved by C'S DREAM DESIGN.
2.2 C'S DREAM DESIGN retains all rights, title and interest in and to the Website and all related content.
3.Privacy
3.1 C'S DREAM DESIGN takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to C'S DREAM DESIGN 's Privacy Policy, which is available on the Application.
4. Refund & Cancellation Policy (Postcards)
4.1 In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
4.2 Returns
You may return a postcard within 15 calendar days of receiving it. To be eligible for a return, the item must be:
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Unused and in its original condition
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In the original packaging
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Accompanied by a receipt or proof of purchase
Returns that do not meet these criteria may not be accepted.
4.3 Refunds
Once we receive and inspect your returned postcard, we will notify you of the approval or rejection of your refund:
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If approved, your refund will be processed to the original method of payment.
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The refund timing may vary depending on your card issuer's policies.
Note: Original shipping fees are non-refundable.
4.4. Exchanges
You may request an exchange for a different postcard design within 15 calendar days of receiving your item. Exchanges are subject to the same conditions listed under Section 4.2 and are subject to availability.
4.5. Shipping for Returns
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Customers are responsible for all return shipping costs, which are non-refundable.
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If a refund is approved, the return shipping cost will be deducted from your refund.
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We highly recommend using a trackable shipping service or purchasing shipping insurance. We are not responsible for items lost in return transit.
4.6. Damaged Items
If your postcard arrives damaged, please contact us within 7 calendar days of receipt. Include clear photographs of the damage for verification. We will offer a replacement or refund once the damage is confirmed.
4.7. Cancellations
Orders may be canceled within 24 hours of purchase, provided they have not already been processed or shipped. To request a cancellation, please contact us as soon as possible. Once an order is shipped, it cannot be canceled, but it may be eligible for return as per Section 4.2.
5. Delivery
5.1 You acknowledge that the Purchase Services offered by C'S DREAM DESIGN integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
5.2 In providing the Purchase Services, C'S DREAM DESIGN may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers.
5.3 You acknowledge and agree that C'S DREAM DESIGN is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
5.4 In the event that an item is lost or damaged in the course of the Delivery Services, C'S DREAM DESIGN asks that you:
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contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
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contact us by sending an email to csuranus313@gmail.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
6.Governing Law
6.1 The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
7. Limitation of Liability
7.1 C'S DREAM DESIGN's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of C'S DREAM DESIGN is the resupply of information or Purchase Services to you.
7.2 You expressly understand and agree that C'S DREAM DESIGN, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
7.3 C'S DREAM DESIGN is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of C'S DREAM DESIGN, by third parties or by any of the Purchase Services offered by C'S DREAM DESIGN.
7.4 You acknowledge that C'S DREAM DESIGN does not provide the Delivery Services to you and you agree that
C'S DREAM DESIGN will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
8. Termination of Contract
8.1 The Terms will continue to apply until terminated by either you or by C'S DREAM DESIGN as set out below.
8.2 If you want to terminate the Terms, you may do so by:
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notifying C'S DREAM DESIGN at any time; and
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closing your accounts for all of the Purchase Services which you use, where C'S DREAM DESIGN has made this option available to you.
8.3 Your notice should be sent, in writing, to C'S DREAM DESIGN via the 'Contact Us' link on our homepage.
8.4 C'S DREAM DESIGN may at any time, terminate the Terms with you if:
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you have breached any provision of the Terms or intend to breach any provision;
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C'S DREAM DESIGN is required to do so by law;
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the partner with whom C'S DREAM DESIGN offered the Purchase Services to you has terminated its relationship with C'S DREAM DESIGN or ceased to offer the Purchase Services to you;
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C'S DREAM DESIGN is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
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the provision of the Purchase Services to you by C'S DREAM DESIGN is, in the opinion of C'S DREAM DESIGN, no longer commercially viable.
8.5 Subject to local applicable laws, C'S DREAM DESIGN reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts C'S DREAM DESIGN's name or reputation or violates the rights of those of another party.
8.6 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and C'S DREAM DESIGN have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
9. Indemnity
9.1 You agree to indemnify C'S DREAM DESIGN, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
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all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
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any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
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any breach of the Terms.
10. Dispute Resolution
10.1 Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
10.2 Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
10.3 Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
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Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
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If for any reason whatsoever, 60 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
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The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
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The mediation will be held in Brisbane, Australia.
10.4 Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
10.5 Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
11. Venue and Jurisdiction
11.1 The Purchase Services offered by C'S DREAM DESIGN is intended to be viewed by residents of Australia and other countries. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
12. Independent Legal Advice
12.1 Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
13. Severance
13.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force. C'S DREAM DESIGN (ABN 12 179 206 202)