Welcome to the ishopinteractive.com (“Site”).  In this document, “iShop”, “we” or “us” means iShop Interactive Pty Limited ABN 19 217 596 451 of 18 Transvaal Avenue, Double Bay, NSW, Australia, 2028 trading as idumpit.com.au™ and each of its directors, employees, contractors and agents, “you” means the person using the Site (including anyone acting on your behalf or with your express or implied authority) and “Vendor” means any person who offers goods or services for sale using the Site.

This document contains the terms and conditions (“Terms”) that govern your use of the Site and the service provided by us on the Site (“Service”).  This is an important document.  It sets out your rights and obligations when using the Site, and our obligations to you.  If you breach any of these Terms, we at our reasonable discretion, may decide not to allow you to participate in the Service or, if necessary, claim damages against you.  Please carefully read these Terms and make sure you understand them.

These Terms together with your order and the Order ID provided to you constitute the entire contract between the Vendor and you for the supply of goods or services.  No other terms and conditions will apply.

1.         Your use of the Site

1.1.      Access to and use of the Site is provided by us subject to these Terms and any of our policies (“Policies”).  Our Policies change from time to time and you agree that they form part of these Terms.  If the Terms are not accepted in full, you must not use the Site and your use of the Site may be terminated immediately. In order to use the Site, you must first agree to these Terms. You can agree to these Terms by:

(a)    clicking to agree to the Terms, where this option is made available to you on the Site; or

(b)    using the Site. In this case, you acknowledge and agree to be legally bound by the Terms as of the date of your first use of the Site.

1.2.      Upon acceptance, these Terms form a legally binding agreement between you and us for the use of the Site.

1.3.      Idumpit reserves the right to change these Terms at its discretion and without notice.  Each time you use the Site you confirm your agreement to be bound by and acknowledge any changes to these Terms. You should review these Terms and our Policies from time to time for any amendments.

1.4.      You agree to use the Site only for purposes permitted by the Terms and any applicable laws.  Without limiting the foregoing you must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Site. You may not take any action that might interfere with the operation of the Site or that may cause us or any third party to suffer loss or damage.  You are solely responsible for your transmissions through the Service.  We reserve the right to determine whether or not your conduct is consistent with the spirit and the letter of these Terms and may, at our sole discretion, immediately terminate your use of the Service if your conduct is deemed by us to be inconsistent with these Terms or we suspect that you have engaged in fraudulent activity. The Service is provided to you personally.  You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.

1.5.      We reserve the right to alter, suspend or discontinue any aspect of the Service provided at any time.

1.6.      You may register your details with us to use the Site.  Registration is free and does not oblige you to purchase anything. Membership of the Site is not transferable.

1.7.      Other additional conditions governing the Service may be contained in our website pages and unless those conditions conflict with these Terms, they will be incorporated into and form part of these Terms.

2.         Idumpit is not a vendor of goods or services

2.1.      We do not own, manufacture, offer for sale, sell or deliver any of the goods or services found on the Site.  The Site merely acts as an online venue to allow a Vendor to offer and sell their goods and services in a fixed price format and we are not otherwise involved in the transactions and interactions between you and the Vendor. You acknowledge and agree that Idumpit is not involved in the actual transaction between the Vendor and the buyer and that we will at all times be acting as the Vendor’s agent and not in any other capacity.

2.2.      When you enter into a transaction with a Vendor you create a legally binding contract with the Vendor unless the transaction is prohibited by law or by these Terms. You are responsible for ensuring that you comply with your obligations to that Vendor and must ensure that you are aware of any laws relevant to you as a buyer.  You, not Idumpit, are responsible for enforcing any rights that you may have against a Vendor. 

3.         Eligibility to use the Site

3.1.      You must be able to form legally binding contracts to use the Site.  Without limiting the forgoing, if you are under 18 years of age, you cannot use the Site.  By accepting these Terms, you agree that you are at least 18 years of age.  Should we suffer any damage, liability or loss as a result of a transaction entered into by a minor using the Site, we reserve the right to seek compensation for such damage, liability or loss from the parents or guardians of the minor who caused any transactions to be entered into via the Site.

3.2.      Applications for membership and/or use of the Site are subject to approval and acceptance by us in our absolute discretion.  Idumpit may in its absolute discretion refuse to allow you to use the Site without giving any reason for its decision.

4.         Legal Compliance

You agree to comply with all laws, policies and regulations which are in any way applicable to your use of the Site.  Without limiting the foregoing, you agree not to use the Site in any way which is fraudulent, misleading or otherwise unlawful or violates any law or use the Site in connection with any endeavours which may be illegal or unauthorised.

5.         Privacy and your personal information

5.1.      In order to use the Service, you may be required to provide information about yourself (“Your Information”). You are solely responsible for Your Information and the security of your user name and password. We will only collect personal information that is necessary for us to conduct our business as an online venue for the sale of goods or services.

5.2.      You must ensure that any information you give Idumpit is true, accurate, complete and up to date, is not false, fraudulent or misleading, does not violate any law, is not defamatory, libellous, unlawfully threatening or unlawfully harassing, is not obscene or contains pornography, does not contain any viruses, malicious code, Trojan horses, worms, time bombs, cancelbots or any other computer programming instructions that may damage, interfere with or intercept any system, data or personal information.

5.3.      You consent to us collecting Your Information and providing it to the relevant Vendor when you make a purchase using the Site.  We may deal with Your Information if we consider it to be necessary or appropriate However, we will take all reasonable precautions to protect Your Information from unauthorised use or alteration and to maintain its confidentiality.  We I will not knowingly disclose any of Your Information to any third party unless it involves credit card processing or credit checking or as required under law.  In the case of credit card processing or credit checking, Your Information will be supplied strictly to the relevant financial institutions for the purposes of processing payments.  Otherwise all information will be strictly confidential. 

6.         Placing an order & formation of contract with Vendor

6.1.      You may place an order for a Vendor’s good or service by clicking the “Checkout” button and completing the checkout procedure.  When you place your order, we will issue you with an Order ID by email.  By placing an order, you make an offer to the Vendor to purchase the good or service from the Vendor based on these Terms and any terms and conditions found in the item description.

6.2.      Orders are subject to availability of the good or service and to approval and acceptance by us and/or the Vendor in our absolute discretion.  You acknowledge that no information on the Site constitutes an offer by the Vendor to supply any good or service and is merely an invitation to treat.

6.3.      If you order an item from a Vendor, you are obliged to complete the transaction with the Vendor.  You cannot retract an order unless we agree to the retraction.  We may suspend or terminate your membership if you do not complete a transaction without a lawful excuse. 

7.         Order processing & acceptance

7.1.      We will notify you by email that your order is being processed.  We will not process your order until it has passed our internal validation procedures (for the purpose of preventing credit card or payment fraud).

7.2.      After your order has passed our internal validation procedures and your payment details have been approved, we will notify you that your order has been accepted by sending an Order Confirmation by email.  We will contact you if we can not accept or process your order.

7.3.      The Vendor will send you a tax invoice in relation to your purchase. You acknowledge that it is the responsibility of the Vendor to provide you with a valid tax invoice.

7.4.      We will from time to time send you communications and notices regarding the transactions and your account on the Site.  You acknowledge that these communications and notices do not represent any endorsement or guarantee of your transactions.

7.5.      All prices for on the Site are quoted in Australian Dollars.  You acknowledge that the price for a Vendor’s good or service may change at any time without notice to you.  Such alterations become operative from the date they are published on the Site

7.6.      As a condition of your purchase using the Site, we reserve the right to email product alerts and offers that we believe may be of interest to you.

8.         Payment methods and processing

8.1.      You acknowledge that we process payment for the purchased good or service on behalf of the Vendor.  We accept VISA, MasterCard and American Express credit and debit cards only.  Orders placed on weekends or public holidays will be processed on the next business day.  Business days are Monday to Friday, excluding NSW Public holidays.

8.2.      The Vendor’s tax invoice is your proof of purchase and is required for any warranty claims.  You should keep your tax invoice as proof of purchase.  To request another copy, please contact our Customer Service team via email and include your name and Order ID.

9.         Good or service availability

All good or service availability representations (graphical or text) on the Site are subject to change without notice.  The good or service information on the Site is provided by the Vendor of the good or service.  Accordingly, we make no representation or warranty that the availability of a good or service as seen on the Site is correct.  Delivery may exceed 10 business days if stock is unavailable at the time of purchase.

10.       Delivery & shipping

10.1.    You acknowledge that delivery of purchased good or service is the sole responsibility of the Vendor.  You agree to pay for all delivery costs associated with the purchased good or service.  While we have taken every effort to ensure that the delivery arrangements that the Vendor has in place are appropriate, we make no representation or warranty that the purchased good or service will be delivered in accordance with the delivery time.  We will not be liable in any way whatsoever for any loss, damage or expense suffered by or incurred by you which arises out of or in connection with the non-availability, delay in delivery or non-delivery or non-supply of a good or service.

10.2.    Delivery details for the purchased good or service are found with the item’s description and at the checkout.  The estimated delivery times appear when you have completed checkout.  When you place an order, we will estimate the shipping and delivery dates for you based on the availability of your selected items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear at checkout.  Shipping rates may also appear at checkout.  The estimated delivery times for goods are during business hours (9am to 5pm) Monday to Friday excluding New South Wales public holidays, however, estimated delivery times may vary due to circumstances beyond the Vendor’s control.

10.3.    Please note that not all Vendors ship goods outside of Australia and some goods cannot be shipped to international destinations.

10.4.    We encourage you to visit the "View Order Status" section found in the My Account page on the Site to track the shipping of the purchased good or service.

10.5.    Unless otherwise agreed by us, the Vendor will deliver all items to be delivered to the address indicated on your order confirmation email and receipt of such items must be acknowledged by signature. As we are not involved in the delivery of the purchased good or service, we accept no responsibility for, and you release us, from any loss or damage caused in connection with the delivery of the good or service.

10.6.    These Terms do not override, prevent or exclude a customer's rights, including any rights associated with disputes or charge backs in relation to the non-delivery or non-supply of goods or services, under any card scheme rules. 

11.       Description of goods and services

It is your responsibility to read the product information and sale overview about any item listed for sale on the Site.  Please do not rely solely on the title summary or any photographs of the item posted on the Site for a complete description of an item.  If a photograph is provided, please use it as a guide only.  You must not assume that the description or photograph of the item in any way offers an opinion or an assessment of the suitability of an item for you.

12.       Cancelled orders & returns

12.1.    Your order cannot be cancelled once we have provided you with an Order ID.  Accordingly, please choose carefully and review all goods and/or services in your cart when completing the checkout process.

12.2.    No refunds, credits or replacements are offered if you have made an incorrect choice, changed your mind about the ordered good or service, or failed to verify and accurately provide information when placing an order.

13.       Faulty, damaged or defective products

13.1.    A good or service is considered faulty, damaged or defective if it does not work or shows signs of failure when first taken from its packaging. If you believe you have received a good or service that you think is faulty, damaged or defective, you must report the faulty, damaged or defective good or service to our Customer Service team within 14 days from the date of delivery.  A member of our Customer Service team will provisionally determine whether the good or service is faulty, damaged or defective.  Where we have provisionally determined your good or service is faulty, damaged or defective, we may arrange and pay for return shipping.  You must follow the procedure notified to you by our Customer Service team when we deem a good or service to be faulty, damaged or defective (including completing and returning any returns forms we send to you and providing photographic evidence of the good).

13.2.    Notwithstanding we have not provided the good or service to you, if you receive a faulty, damaged or defective good or service, we may, in our absolute discretion, arrange for it to be repaired or replaced for you.  Any returned or replaced good becomes our property.

13.3.    If the product is deemed by the Vendor or our Customer Service team not to be faulty, damaged or defective, we may, in our absolute discretion, refuse to repair or replace the good or service.  We reserve the right to inspect and test any returned good. If you misrepresent to us the condition of the good or service, may charge a reasonable administration fee to you.

13.4.    Goods must be returned in their original packaging before they are can be replaced or repaired and you must ensure the goods are adequately packaged to ensure that they are not damaged during return delivery to our warehouse.

13.5.    The delivery time for a replacement good may be the same as stated for the original good.

13.6.    Goods damaged in transit must be reported to our Customer Service team within 24 hours of receipt of the good.

13.7.    Request for refunds shall be treated on a case by case basis by us. We will in our sole and absolute discretion determine whether a refund will be made.  No refund will be processed until we have received the faulty, damaged or defective good from you.  We will only issue refunds to the same credit or debit card used for the original purchase of the good or service.

13.8.    Some goods sold through the Site come with a manufacturer's warranty and you must contact the manufacturer who supplied that warranty for repair or replacement of any faulty, damaged or defective goods.

14.       Product warranties

Some goods and services sold through the Site are serviced and supported exclusively by the Vendor in accordance the warranty information provided on the listing.  If you have an enquiry regarding a warranty for a good, you should first contact our Customer Service team.  They will assist you in directing you to the relevant Vendor with you warranty enquiry.  Vendor warranties are only valid with proof of purchase of the original good.  Warranties are not generally transferable. The Vendor should be contacted regarding the exact terms and conditions of their warranty.

15.       Recommended retail price

In certain circumstances, an item for sale on the Site may include reference to the Vendor’s recommended retail price (“RRP”).  The RRP is the sale price suggested by the Vendor.  Please be aware that if a RRP is included with a sale item, the RRP has been supplied by the Vendor. We accept no responsibility for the accuracy or otherwise of any RRP’s included on any item offers and  encourage you to independently satisfy yourself as to the value of the listed item.

16.       Credit card fraud

While we employ the latest in Secure Sockets Layer (SSL) technology and use the Securepay secure payment gateway, we will not be responsible for any damages, liabilities, costs, expenses consequential losses (whether direct or indirect) suffered by a user of customer whose credit card is fraudulently used or is used in an unauthorised manner.

17.       Intellectual Property

You acknowledge and agree that Idumpit owns all legal right, title and interest in and to the Site, including any intellectual property rights  (including the entire Site, all images, logos, text, content, trademarks, copyright, URLs) found on the Site and which subsist in the Service.  However, all intellectual property of a Vendor remains the property of the Vendor. No intellectual property rights in or to the Site are transferred to you under these Terms.

18.       Exclusion of warranties

18.1.    As we are not the vendor or manufacturer of the good or service, we can not, and do not, make any representations or warranties regarding the good or service.  Except as expressly provided to the contrary in these Terms and to the maximum extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise, relating in any way to the provision of the Service and the Site are excluded. In particular, Idumpit does not represent or warrant to you that your use of the Site will meet your requirements and we do not guarantee uninterrupted access to the Service and the operation of the Site may be interfered with by numerous factors outside our control.

18.2.    You expressly understand and agree that your use of the Site is at your sole discretion and risk and that the Site and Service are provided “as is” and “as available” and without any warranty or condition, express or implied.

1.8.3.    Nothing in these Terms will exclude or limit iShop Interactive’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law.  Only limitations which are lawful in your jurisdiction will apply to you and Idumpit’s liability will be limited to the maximum extent permitted by law.

19.       Limitation of Liability

19.1.    While iShop Interactive has made every effort to ensure that the information contained on the Site is free from error, Idumpit does not warrant that the Site is current, complete, correct or free from error.  Idumpit accepts no responsibility and will not be held liable for any errors or inaccuracies contained on the Site and makes no representation concerning the completeness, truth, accuracy or suitability for any particular purpose of the Site. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

19.2.    To the maximum extent permitted by law, iShop Interactive and its related bodies corporate accept no responsibility and will not in any circumstances be held liable in any way for any claim, loss (including indirect, consequential, incidental or special damages or loss of profits or revenue), liability, damage or injury (including loss, damage or injury which occurs to third parties) whatever its cause (including negligence), whether in contract, at common law, statute or in equity or on any other basis, arising from or in connection with the use of or reliance on the Site, the Service, the use or misuse of any good or service purchased using the Site, or your breach of these Terms.

19.3.    You accept all risk and be solely responsible for all liability, loss, damage and any other consequences (including any loss or damage which Idumpit may suffer) howsoever caused (whether by negligence, breach of contract, statute or otherwise) arising, directly or indirectly, from your use of the Site, the Service, the purchased goods or services or your breach of these Terms.

19.4.    iShp Interactive’s liability for breach of any implied warranties or conditions which cannot be excluded will be limited, at its option, to:

(a)    in the case of goods, any one or more of the following:

   (i)         the replacement of the good or supply of equivalent goods;

   (ii)        the repair of the goods;

   (iii)       the payment of the cost of replacing the goods or of acquiring equivalent goods; or

   (iv)       the payment of the cost of having the good repaired; and

(b)    in the case of services, any one or more of the following:

   (i)         the supply of the service again; or

   (ii)        the payment of the cost of having the service supplied again.

This clause 19.4 does not apply to you if you are considered a “consumer” under any Australian consumer protection law that applies to us and you use the Site for personal, domestic or household use.

20.       Release

You agree to release iShop Interactive, its successors and assigns, as well as its shareholders, directors, officers, employees, contractors and agents from all actions, claims, demands and causes of action which you may have against them arising, directly or indirectly, out of or in connection with these Terms, your use of the Site or Service or the purchased goods or services.

21.       Indemnity

You agree to indemnify and forever hold harmless each of iShop Interactive, its related bodies corporate, shareholders directors, officers, agents, employees, representatives and contractors (“Indemnified Persons”) from and against all claims, demands, actions (including reasonable legal fees), liabilities, losses, damages, expenses or costs incurred by any of the Indemnifies Person arising, directly or indirectly, from or in connection with your use of the Site or Service, goods or services purchased using the Site, an act or omission by you, your violation of any law or the rights of a third party or your breach of these Terms. 

22.       Breach and Termination

22.1.    iShop Interactive may at any time, at its sole discretion, without notice to you temporarily suspend or terminate your access to the Site or your membership if:

   (a)    you have, or we believe you have, breached these Terms or any of our Policies;

   (b)    you are suspected or found to have engaged in inappropriate or fraudulent activity in connection with the use of the Site;

   (c)    Idumpit is unable to verify or authenticate any information you provide to it;

   (d)   Idumpit is required to do so by law; or

   (e)    Idumpit believes that your actions may result in legal liability.

22.2.    On termination of your access to the Site, the legal agreement which these Terms form is terminated. Termination of these Terms does not affect any accrued rights or remedies of either party.  Clauses 18, 19, 20 and 21 will survive termination of these Terms. 

23.       External Links

This site may contain links to other websites.  iShop Interactive has no responsibility or liability for the availability or accuracy of any of these links.  Please review the privacy policies and the terms and conditions of these links prior to using them.

24.       Disclosure and Other Communication

iShop Interactive reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Site and may contact you by telephone or mail regarding the Site.
 

25.       Force majeure

We shall not be liable for any delay in performing any of obligations under these Terms if such delay is caused by circumstances beyond our reasonable control and we shall be entitled to a reasonable extension of time for the performance of such obligations.

26.       GST

All goods and services listed for sale on the Site include GST unless otherwise stated.

27.       General provisions

The law in force in the State of New South Wales governs these Terms. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales. The indemnities and releases in these Terms are continuing obligations independent from the other obligations of the parties under these Terms and will continue after these Terms end.  The provisions of these Terms are severable, and if any provision of these Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. These Terms will be binding upon each party and its successors and permitted assigns. These Terms will not be assignable or transferable by you without the prior written consent of Idumpit. These Terms (including all of the policies and other agreements described in these Terms, which are hereby incorporated herein by this reference) constitute the entire agreement between you and Idumpit in relation to the Site, and these Terms replace any prior agreements or representations between you and Idumpit in relation to the Service. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.  No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. Any rights and remedies that a person may have under these Terms are in addition to and do not replace or limit any other rights or remedies that the person may have.

28.       Alcohol

LIQUOR ACT 2007

IT IS AGAINST THE LAW TO SELL OR SUPPLY ALCOHOL TO, OR TO OBTAIN ALCOHOL ON BEHALF OF, A PERSON UNDER THE AGE OF 18 YEARS.

Liquor licence 50814001, 24008482, 301147

Someone 18 years or over must be present to sign for these deliveries.

At the completion of the sale, if you have not already provided your date of birth during the registration process, we will require you to supply your date of birth to confirm that you are over the age of 18.

When a customer is purchasing alcohol, you are required to confirm (and keep a record) that they are 18 years of age. If a customer has provided their date of birth during the registration process (you must keep a record of the customer's date of birth), there is no need to collect it again at the time of processing the sale. If no date of birth has been collected, you must confirm that the person making the purchase is at least 18 years of age (by having them tick a box at the "checkout" or by some other method) and will need to keep a record of this.

You must also make sure that alcohol deliveries are not accepted by persons under 18 years of age. You/the Vendor must give written instructions to the person responsible for delivering the alcohol. The written instructions must require the alcohol to be delivered:

• to the adult who placed the order (include their name in the instructions);
• to another adult at the delivery address who can accept the order on behalf of the person who placed the order; or
• if the delivery is to be made on a day after the order was taken, in accordance with the customer's instructions (such as delivery to another address).