Terms and Conditions

Terms and Conditions

General Terms and Conditions

These terms and conditions govern your use of the dealdash.tech Website and the purchase, payment, fulfilment and delivery of Products ordered by you from www.dealdash.deals or from Third Party Sellers.

Please read the following Terms and Conditions carefully before placing Your Order. These Terms and Conditions contain important information about the ordering, purchasing, payment, fulfilment and delivery of products, including limitations of liability.

Which terms and conditions apply?

Products You Order on the Website are offered and supplied by:

DealDash Pty Ltd ABN 71 672 230 867 (DealDash); or
Third Party Sellers

The website Product listing states the offer and supplier of each Product. Products which are offered and supplied by DealDash are referred to as DealDash Products.

Products which are offered and supplied by Third Party Sellers are called THIRD PARTY Products.

It is important to note that different Terms and Conditions apply in respect of DealDash Products and THIRD PARTY Products.

If you do not understand these Terms and Conditions or if you have any questions, including which Products are supplied by DealDash or Third Parties then please email Our team at info@dealdash.deals and a representative will be happy to help you.

Terms and conditions for DEALDASH Products

These Terms and Conditions constitute a contract between the customer (You) and DealDash.

Agreement

1.1

In these Terms and Conditions We, Our or Us means DealDash; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase and payment of Products or services through the Website.

1.2

By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.

1.3

The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.

Legal Capacity

If you are under the age of eighteen (18) years you cannot place Orders with DealDash. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years, of sound mind and judgement and do so without the influence or coercion of another person.

Website Use

3.1

The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

3.2

You must ensure that Your access to or use of the Website is not illegal or prohibited by laws which apply to You.

3.4

You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

Pricing

4.1

Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:

by agreement between You and Us in writing or by email; or
in accordance with clause 7.4.

4.2

All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order. Where alternate currencies or mediums of exchange are indicated, We are not responsible for fluctuations that may occur in the values of those currencies.

Product Specifications and Warranties

5.1

Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.

Importantly, DealDash Products may be supplied and dispatched by third party providers with whom DealDash made supply arrangements. In such instances it is the relevant third party which bears all responsibility including but not limited to warranties, damages and deliveries from that moment onwards.

5.2

All weights and dimensions of Products described in the Website are approximate. All screens are measured diagonally, and all screen images contained on the Website are simulated unless otherwise indicated.

Orders

6.1

You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).

6.2

Orders will be deemed to have been received by DealDash at the time DealDash sends an Order confirmation to Your nominated e-mail address.

6.3

DealDash is an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

6.4

DealDash reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).

6.5

In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full except where alternate currencies or mediums of exchange are included, then We are not responsible for fluctuations that may occur in the values of those currencies. You will be provided with e-mail confirmation of the cancellation and refund.

6.6

DealDash does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

6.7

DealDash shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of DealDash (or its affiliates), and DealDash shall be entitled to a reasonable extension of time for the performance of such obligations.

6.8

Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.

Payment

7.1

You may provide Your nominated credit card and/or digital wallet details during the purchase and payment process described on the Website.

7.2

Payment for Orders will be processed immediately from your card or digital wallet upon confirmation of Your Order. Depending on the payment method used You may be charged transaction processing fees of up to 5% of the payment value. Any cryptocurrencies or alternative units of exchange that We may accept from You is non-refundable once you have received the DealDash Products.

7.3

If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled, and Your payment will be refunded back to the method and currency in which you paid. These information requests are sent to help protect credit card holders from online fraud.

7.4

Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.

Delivery and ownership of the goods

8.1

If You have elected for the DealDash third party provider to deliver, We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. DealDash does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

8.2

The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by DealDash. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e- mail address nominated in their Order.

8.3

DealDash will not deliver Products to PO Box addresses.

8.4

Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.

8.5

The couriers or postal services nominated by DealDash will deliver Products during local business hours (9am to 5pm, Monday to Friday).

8.6

DealDash is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by DealDash (as notified to the Customer) in relation to date and time of delivery. DealDash shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

8.7

DealDash reserves the right to not ship to remote or rural locations.

Faulty or damaged goods

DealDash has arrangements with its third party providers to repair, replace or refund faulty or damaged Products in accordance with the DealDash products policy and Your rights under the Australian Consumer Law. Regarding manufacturer warranties, faulty or damaged goods You deal directly with the third party provider.

Intellectual Property

10.1

All intellectual property rights (Intellectual Property) in any content on the Website, including images, pricing, artwork, its visual design, and the arrangement and display of any content on the Website (Material) is owned by, or licensed to, DealDash Pty Ltd or the relevant Third Party product owner.

10.2

Unless expressly authorised under these Terms and Conditions or otherwise in writing, you may not reproduce, adapt, modify, display, extract or distribute any Material or any part of any Material. You also may not use any data mining or data extraction tools, systems or software to extract the Material for any purpose whatsoever or disassemble, reverse engineer or otherwise attempt to discover or access any source code or other information related to the Website.

10.3

If you post any information on our Website, such as a product review, you grant to Us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute that information for any purpose we decide.

Privacy

By placing your Order or otherwise contacting DealDash, you agree that: We may store, process, use and disclose data collected from your Order for the purposes of processing and fulfilling your Order; and your data will be handled in accordance with Our Privacy Policy.

Gift Vouchers

12.1

Gift Vouchers & eVouchers have a validity of 12 months from the date of purchase, unless otherwise specified at the time of issue in writing.

12.2

Gift Vouchers & eVouchers may be redeemed by entering the voucher code into the Gift Card field at checkout, or as otherwise directed regarding the voucher. Gift cards will not be refunded.

Miscellaneous

13.1

Title and risk in the DealDash Products pass to You at the point of dispatch or embarkation by DealDash to Your courier.

13.2

DealDash reserves the right to make changes to the DealDash Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.

13.3

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.

13.4

A failure or delay by DealDash 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 DealDash does not preclude its future ability to exercise that or any other power or right.

13.5

Insofar as they apply to the ordering, purchase, payment, fulfilment and delivery of DealDash Products from www.dealdash.deals, these DealDash Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Queensland, Australia and the parties submit to the jurisdiction of the courts in that State.

13.6

DealDash has the right to refuse an order, payment, or participation from any person in the sole discretion of DealDash.

13.7

No DealDash employee or agent has the authority to vary any of the Terms and Conditions governing any sale

Terms and Conditions for THIRD PARTY Products

Agreement

1.1

In these Terms and Conditions, THIRD PARTY Seller means a third party seller (the details of which are identified within the product detail page relating to a THIRD PARTY Product sold by the THIRD PARTY Seller), We, Our or Us means DealDash and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes.

1.2

By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You.

Third Party Sellers

We may allow Third Party Sellers to list and sell their THIRD PARTY Products on the Website, but We are neither the buyer nor the seller of THIRD PARTY Products. The contract formed at the completion of a sale for THIRD PARTY Products is solely between You and the Third Party Seller. We are not a party to this contract nor do We assume any responsibility arising out of or in connection with it. We provide no warranty in respect of THIRD PARTY Products. The Third Party Seller is responsible for the sale of their THIRD PARTY Products and for dealing with any claims or any other issue arising out of or in connection with the THIRD PARTY Products and the contract between You and the Third Party Seller.

Legal Capacity

If You are under the age of eighteen (18) years You cannot place Orders through the Website. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years, are of sound mind and judgement and are acting without coercion or persuasion of another person.

Website Use

4.1

We might provide links to Third Party Sellers’ websites or the websites of their affiliated companies. We are not responsible for examining or evaluating these websites, and We do not warrant or accept any responsibility or liability for the actions or offerings of any of the Third Party Sellers or the content of their websites. We are not responsible for the content or privacy practices associated with linked websites and before purchasing a THIRD PARTY Product You should carefully review the Third Party Seller’s terms and conditions and their privacy statements.

4.2

You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.

4.3

Pricing

5.1

Prices displayed on the Website are subject to change without notice. Where alternate currencies or mediums of exchange are indicated, We or the THIRD PARTY Seller are not responsible for fluctuations that may occur in the values of those currencies.

Product Specifications

6.1

Features and specifications of Products described or depicted on the Website are provided by the Third Party Seller of the product(s) and are subject to change without notice.

6.2

All weights and dimensions of Products described in the Website are provided by the Third Party Seller of the product(s) and are approximate. All screens are measured diagonally, and all screen images contained on the Website are simulated unless otherwise indicated.

6.3

To the extent permitted by law, DealDash makes no warranty or representation regarding the standard of any goods or services to be supplied by a Third Party Seller.

Delivery of THIRD PARTY Products

7.1

THIRD PARTY Products are delivered by the Third Party Seller to You as part of the contract between You and the Third Party Seller. Third Party Sellers’ reserve the right to not deliver THIRD PARTY Products to selected locations. Unsuccessful deliveries due to an incorrect address or not collecting the item from the post office may result in additional restocking or redelivery fees as per the third party terms & conditions

7.2

DealDash might on occasions deliver THIRD PARTY Products. If so:

We will try to ensure that the THIRD PARTY Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. DealDash does not accept any liability for loss or damage suffered by anyone as a result of any such delays;
THIRD PARTY Products will not be delivered to PO Box addresses;
If You give written authority for THIRD PARTY Products to be delivered without a signature, any and all included insurance cover will be voided;
the couriers or postal services nominated by DealDash will deliver THIRD PARTY Products during local business hours (9am to 5pm, Monday to Friday);
DealDash is not responsible for the delivery times of the THIRD PARTY Products. Once the THIRD PARTY Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by DealDash (as notified to the Customer) in relation to date and time of delivery. DealDash shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
DealDash reserves the right to not deliver THIRD PARTY Products to remote or rural locations.

Faulty or damaged goods

If your THIRD PARTY Products are defective or faulty, You should first contact the Third Party Seller through your account. In the event the Third Party Seller does not resolve the issue to your satisfaction within 7 days, You may escalate to DealDash who resolve the dispute in accordance with the Australian Consumer Law. DealDash is responsible for resolving all disputes and administering all refunds determined to be owed to customers.

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 THIRD PARTY Product supplied to You whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by You to the Third Party Seller in respect of the THIRD PARTY Product(s) in question.

Intellectual Property

10.1

10.2

10.3

Privacy
a) We may disclose the data collected in your Order to the Third Party Seller for the purposes of processing and fulfilling your order (and that your data will be subject to the privacy policy and practices of the Third Party Seller);
b) We may store, process, use and disclose data, other than credit card details, in order to provide you with marketing information from time to time, including regarding other DealDash Products or THIRD PARTY Products that may be of interest to You; and
c) your data will be handled in accordance with Our Privacy Policy.
Miscellaneous

12.1

12.2

12.3

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.

12.4

DealDash has the right to refuse an order, payment, or participation from any person in the sole discretion of DealDash.

12.5

These Terms and Conditions are governed by and must be construed according to the law of the State of Queensland, Australia and the parties submit to the jurisdiction of the courts in that State.

Document: Version 1

Date: November 2023