Website Terms of Use

Welcome to Dshop - - Australia's Independent Department Store. Dshop owns and operates this website. Access to and use of this website is, and the products and services available through this website is, subject to the terms and conditions herein. By using the website, you are agreeing to all of the terms and conditions, as may be updated by us from time to time. The following terms and conditions of use, which together with our privacy policy govern this website.

1. Definitions 

1.1. Terms have the following meaning:

  1. Dshop means Dshop Australia, and us, we or our has a corresponding meaning;
  2. Excluded Product means those products that cannot be replaced, including for a changeof-mind, and stated as such, including intimate wear and other products with health and safety considerations;
  3. Goods means the goods or products purchased by You from Dshop;
  4. Terms and conditions means these terms and conditions; and
  5. You means you, the user of our website and purchaser of Goods as the case may be, and Your has a corresponding meaning.

2. General Terms of Use for Website

2.1. At Dshop, we want you to be 100% satisfied with Your purchase and Your online shopping experience overall. Customer satisfaction is an integral part of our commitment, and this is reflected in our policies.

2.2. Neither we nor any third parties provide any warranty or guarantee regarding the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

2.3. Your use of any information or materials on this website is entirely at Your own risk, for which we shall not be liable. It shall be Your responsibility to ensure that any products, services, or information available through this website meet Your specific requirements.

2.4. This website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than under the copyright notice, which forms part of these terms and conditions.

2.5. We make every effort to ensure that product descriptions on our website are accurate. However, some inaccuracies, typographical errors, or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified. We make no representations about the suitability of this information.

2.6. Measurements provided on the website are approximate values only. We cannot be held liable for any alternations or changes made. Images on the website are for display purposes only. There may be slight variations.

3.  Pricing

3.1. The price displayed for products on this website represents the total price, including GST, for the product itself but does not include postage/delivery charges which will depend on the destination.

3.2. We always seek to provide products at the most competitive prices, and because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions, and availability advertised are subject to change without prior notice, and we, therefore, reserve the right to change prices displayed for products on our website at any time.

4.  Delivery

4.1. While we do everything we can to ensure Your order is delivered in a timely manner, please note that if you have chosen for Your parcel to be sent with Authority to Leave (an authority to leave the parcel even though nobody is home), we will not be liable for any loss or damage incurrect by any person as a result of delay or loss caused by the courier that we have no control over or which in any event is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided.  

4.2. Upon receiving Your product/s, please make sure you check if all parts and product/s instructions are included. For furniture items, please contact Dshop Help Desk as soon as possible if any parts of the item are missing. In the unlikely event that you receive a product without assembly instructions, please download it online or contact us.

4.3  Please initiate correspondence with us no later than 180 days subsequent to the date of receipt if the merchandise you purchased has not been delivered.

5. Receipt

5.1. You must inspect the Goods immediately upon their arrival and if the Goods are not in accordance with the specified requirements on the website, you must give us written notice within seven (7) days of receiving the Goods. If You fail to give such notice, the Goods must be deemed to be in all respects in accordance with the specified requirements. No claim is required to be recognised by Dshop unless made in writing and received by us within seven (7) days of receipt of the Goods by You. 

6. Return Policy 

6.1. When shopping with us, you have peace of mind knowing that your product is covered by a warranty. All our Goods are covered by an Australian Warranty of up to 12 months. Commercial use is covered for up to 3 months. 

6.2. Change of Mind Policy

           (a) Dshop will offer a change-of-mind exchange or store credit provided that:

  1. The merchandise is in a re-saleable condition, with all original packaging and tags attached (ready to be put back on the shelf);
  2. The item/s are NOT opened, used, worn or damaged, and are in the same condition as was dispatched to you when received by Dshop;
  3. The product is not an Excluded Product;
  4. The change-of-mind replacement or store credit is sought within seven (7) days of purchase.

6.3. Repair, Replacement and Refund Policy

6.4. Where there is minor damage or problem with the Goods:

  1. We have a "dead on arrival" (DOA) warranty. This means that in the unlikely event of the Goods being damaged during the delivery process and a claim is made within seven (7) days from the date of receipt by you of the Goods, we will, at our discretion, replace or repair the Goods at our cost. The DOA warranty does not apply to the replacement or repair of damaged packaging that does not form part of the Goods; and
  2. If the damage is discovered outside the DOA period, please contact Dshop Support Team, who will determine whether circumstances are such that you can still proceed with a claim.

The DOA warranty does not detract from Your statutory rights. In the unlikely event that you receive a product that has been damaged in transit, please endeavour to inform our support team immediately. We require that all damage in transit claim is done within the first seven (7) days of receipt of Goods.

6.5.  Where there is major damage or problem with the Goods;

  1. You are entitled to request for a replacement or refund for the Goods;
  2. where You elect a replacement of the Goods, we will endeavour to provide You with an identical type of Good to the original supplied, however, if an identical replacement if not available, we will instead issue a refund for the amount You paid; and
  3. where You elect a refund for the Goods, we will refund the amount You paid in the same form as Your payment for the Goods.

6.6.   In this clause 6.3:

  1. ‘minor damage or problem’ means damage or problem with the Goods that are not substantial, do not affect the fundamental use of the Goods, and occur during transit from us to You;
  2. major damage or problem’ means a substantial fault in the operations or manufacturing of the Goods, significant difference in the Goods from its sample or description, unsafe Goods or other fundamental issues with the Goods that, had You been made aware, You would not have purchased the Goods.

6.7. Clause 6.5 does not apply to;

  1. Goods you have installed or assembled:

i.  incorrectly; or ii.  not in accordance with instructions provided with the Goods;

  1. Goods damaged as a direct or incidental result of You misusing the Goods;
  2. damage, fault or problem You were made aware of before you purchased the Goods, including whether such damage, fault or problem is specified in the Goods listing on our website;
  3. Goods damaged or faulty as a result of You using or dealing with the Goods in a way that is contrary to advice or instructions provided by us.

6.8.  Procedure for Return

6.9.  In order to organise a return under these terms and conditions, you must notify Dshop Help Centre within seven (7) days of delivery of Your Goods and request a return under this policy.

6.10. To return an item for refund or replacement, please contact us for a Return Merchandise Authorization (RMA) via our 24/7 Help Desk.  You must:

  1. comply with the directions of Dshop staff to facilitate Your claim;
  2. provide us with a copy of Your tax invoice or similar proof that the item was purchased from us;
  3. describe accurately the problem you have encountered with the Goods;
  4. provide evidence (e.g. photographs or videos) to support Your claim; and  
  5. state whether you are requesting a replacement, repair, refund, or credit.

6.11. You must not return Goods until you have received the RMA number from us. 

6.12. All returns are subject to inspection by our Quality Assurance team before a repair, replacement or refund is processed. We reserve the right to refuse a repair, replacement or refund for Goods where we have determined:

  1. there is an absence of damage, default or problem; or 
  2. the damage, default or problem is caused by You through incorrect installation, assembly, mishandling, neglect, misuse, excessive use or use otherwise than in accordance with the manufacturer’s instructions or specifications.

6.13. Where Goods are determined by us not to have any damage, default or problem, or determined to have been caused by You after receipt of the Goods, we reserve the right to require payment for any transportation and inspection costs, an estimate of which will be provided to you before return of the Goods. 

6.14. Where a warranty claim or a claim under a statutory guarantee is granted, any refund will include all delivery and related costs for the Goods. Where a non-warranty claim or non-statutory guarantee is granted, any refund will be for the cost of the Goods only and will exclude all related fees. No refund or replacement will be given until we have received the Goods from you.  

6.15. Where a replacement is agreed to after a warranty claim is granted, the replacement will be delivered to You at our expense after we have received Your returned Goods. Where a nonwarranty claim is granted, the replacement will be provided to You at Your cost.

7.  Exclusions from Warranty

7.1. Subject to your rights under the Australian Consumer Law, including those under clause 6.5, Dshop warranties in these terms and conditions do not apply:

  1. To consumable parts, such as batteries, tires, papers, pens, or protective coatings that are designed to diminish over time;
  2. To cosmetic damage, to boxes, packaging, or exterior surfaces (including during transit);
  3. To damage caused by use with another product;
  4. To damage caused by accident, abuse, misuse, liquid contact, fire, earthquake, or other external cause;
  5. To damage caused by operating the Goods outside any guidelines published for use;
  6. To damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Dshop;
  7. To Goods that have been modified to alter functionality or capability without the written permission of Dshop, including but not limited to installation of custom firmware or other software;
  8. To defects caused by normal wear and tear or otherwise due to the normal aging of the Goods;
  9. If the Goods are stolen or Dshop reasonably believes that the Goods are stolen based on information provided by law enforcement authorities; or
  10. Where proof of purchase (invoice or paid Order confirmation) cannot be provided.

8.  Disclaimer and Limitation of Liability

8.1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy.

8.2. To the fullest extent permitted by law Dshop hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website and any materials posted on this site, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

8.3. This does not affect Dshop’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

8.4. We have no liability to the extent that the supply of the Goods is prevented by force majeure. For these purposes, ‘force majeure’ means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolutions, civil commotion, epidemic, pandemic, industrial action and action or inaction by government agencies. 

8.5. Our liability to the customer (and any party claiming through the customer against us) for any claim for loss or damages (including legal expenses) made in connection with the supply of Goods and these terms and conditions, whether in contract, tort (including negligence), under statute, in equity or otherwise shall be strictly limited as follows (except to the extent that the law prohibits such a limitation):

  1. in the case of Goods supplied by us, the replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of the replacement or supply), or the repair of the Goods (or the payment of the cost of the repair); and
  2. in the case of services related to Goods supplied by us, the supply of the services again or the payment of the cost to You of having the services supplied again.

8.6.  Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.

9.  Resolving Your Concerns

9.1. At Dshop, we do our best to resolve all our customer concerns, issues, and complaints efficiently and effectively, maximizing customer satisfaction.

9.2. We are committed to the effective management of complaints and providing an excellent level of customer service to our customers. We understand that efficient and successful handling of complaints is a crucial aspect of quality customer service.

9.3. If you have any concerns, please do not hesitate to contact us anytime, and we will make every endeavour to resolve your issues.

10.  Effective communication strategies

10.1. At Dshop, we have a zero-tolerance policy with any harm, abuse, or threats directed towards our staff. Any conduct of this kind may result in a refusal to take any further action on a complaint or to have other dealings with the complainant. Any such behaviour of a criminal nature will be reported to the police, and in some instances, legal action may also be considered.

10.2. To ensure that all complaints are dealt with fairly, efficiently, and effectively and that occupational health and safety standards and duty of care obligations are adhered to, the following rights and responsibilities must be observed and respected by all parties to the complaint process.

11. Individual rights

11.1. Your rights in complaints

           (a)  You have the right:

  1. To make a complaint and to express their opinions in ways that are reasonable, lawful, and appropriate;
  2. To a reasonable explanation of the organization's complaints procedure, including details of the confidentiality, secrecy, and privacy rights or obligations that may apply;
  3. To a fair and impartial assessment and, where appropriate, investigation of their complaint based on the merits of the case; iv. To a fair hearing;
  1. To a timely response;
  2. To be informed in at least general terms about the actions taken and the outcome of their complaint;
  3. To be given reasons that explain decisions affecting them;
  4. To at least one right of review of the decision on the complaint;
  5. To be treated with courtesy and respect;
  6.  To communicate valid concerns and views without fear of reprisal or other unreasonable responses.

11.2. Rights of Dshop

           (a) Dshop reserves the right to:

  1. To determine whether, and if so how, a complaint will be dealt with;
  2. To finalize matters based on outcomes they consider to be satisfactory in the circumstances;
  3.  To expect honesty, cooperation, and reasonable assistance from complainants;
  4. To expect honesty, reasonable collaboration, and assistance from organizations and people within the jurisdiction who is the subject of a complaint;
  5. To be treated with courtesy and respect; 
  6. To a safe and healthy working environment;
  7. To modify, curtail or decline service (if appropriate) in response to unacceptable behaviour by a complainant.

12.  Mutual responsibilities

12.1. Complainants are responsible for:    

  1. Treating our staff with courtesy and respect;
  2. Identifying to the best of their ability the issues of the complaint, or asking for help from our staff to assist them in doing so;
  3. Providing to the best of their ability with all the relevant information available to them at the time of making the complaint;
  4. Being honest in all communications with us;
  5. Informing us of any other action they have taken in relation to their complaint;
  6. Cooperating with the staff assigned to assess/ investigate/resolve/determine or otherwise deal with their complaint.

12.2. If complainants do not meet their responsibilities, we reserve our rights to consider placing limitations or conditions on their ability to communicate with staff or access certain services.

13.  General 

13.1. Dshop reserves the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended. 

13.2. Access to this website is permitted on a temporary basis, we reserve the right to withdraw or amend the Goods or services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website. 

13.3. Your use of our website and any dispute arising out of such use of the website is subject to the laws of Australia. If any terms of this agreement are to any extent incapable of being enforced, such term shall be excluded to the extent of unenforceability.

13.4. Title in the Goods does not pass to You until payment has been received. Risk of loss or damage passes to You upon dispatch of the Goods. 

13.5. If any part of the terms and conditions is unenforceable (including any provision in which we exclude our liability to You) the enforceability of any other part of the terms and conditions will not be affected and all other clauses remain in full force and effect. As far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, You agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

13.6. These terms and conditions take effect, is governed by, and is construed in accordance with the laws from time to time in force in Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland. 

If you have any questions, please do not hesitate to contact us, and we will make every endeavour to resolve Your concerns.