“Conditions”	means these terms and conditions;
“Contract/ Agreement”	means the contract incorporating these Conditions which is formed when You place an Order
“International”	means countries other than Australia or New Zealand;
“Transactions/ Order”	means an order placed by You via this Website for one or more Products;
“Personal Information”	means all and any information provided by You in an Order or when registering on any part of this Website to include without limit your name, address and card details;
“Product”	means any product advertised on this Website;
“We/Us/Our”	means Dale and Waters, our address 46B Sustainable Avenue Bibra Lake, WA 6163
“Website/site”	means www.daleandwaters.com.au which is operated by Us;
“You/Your”	means a user of this Website.

Unless we expressly provide otherwise, all Transactions, all Products and your use of such Products are subject to these Terms, which shall apply regardless of how you access the Site.

Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.

1. PRIVACY POLICY

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

2. TERMS OF SALE

By placing an Order you are offering to purchase a product on and subject to the following terms and conditions. All Orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or forces outside of our control for which we will not be responsible.

In order to contract with Us you must be over 18 years of age and possess a valid credit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your Order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Us . When placing an Order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit card or an authorised user of the PayPal or Eway account used to place your Order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to changes.

We may reject or cancel an Order for any reason prior to or after our acceptance of a Transaction.

A. OUR CONTRACT

When you place an Order, you will receive an acknowledgement e-mail confirming receipt of your Order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit card or withdrawn the funds from your PayPal or Eway account.

B. PRICING AND AVAILABILITY

Whilst we try and ensure that all details, descriptions, and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you cancel and you have already paid for the goods, but not received them, you will receive a full refund. Prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

C. COLOURS

We have done our best to display as accurately as possible the colours of the products shown on the Site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

D. PAYMENT

Upon receiving your order, we carry out a standard pre-authorisation check on your credit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your credit card will be debited once the order has been accepted.

E. PROMOTIONAL CODES

We may from time to time offer promotional codes which may apply in respect of any, or certain specified, purchases made though this Website.

The conditions of use relating to any promotional code will be specified at the time of issue.

These Terms & Conditions relate to all promotions, competitions and promotional codes (unless otherwise stated).

1. Promotional codes cannot be redeemed for cash.

2. An individual promotional code can only be used once per order.

3. Promotional codes will not be resupplied if lost or stolen.

4. The value of a promotional code will not be refunded if purchased items are returned.

5. A promotion code can't be used after an order has been placed.

F. CANCELLING YOUR PURCHASE

You have a right to request a refund for your purchase of Product(s) from the Site within 30 days of purchase and receive a refund if request is in line with our Returns Policy. Once an order is placed, you are unable to cancel it. To exercise your right to a refund, you may

(i) return your Product to us using the returns form within 30 days of purchase (postage costs apply), or
(ii) For an Exchange or Credit Note/ Gift Card return your Product(s) within 30 days of the date identified on the invoice docket supplied with your order. This process excludes all Final Sale products, these items are identified at purchase as well as on the receipt.

In the event that we do not receive your returned Product(s) within thirty (30) days of the latter of

(i) the date you notified us of your return and
(ii) the date you received your Product(s), the deemed date of receipt will be the date of the post-mark on the packaging of your returned Product(s). We will not be responsible for the costs of such return.

G. FAULTY PRODUCTS

In the event that you receive a faulty Product, we recommend that as soon as you discover a fault, or if you received an incorrect item, please use the Contact Us form and send us a picture of the item and include a brief description of the fault.

Once assessed and approved by our team, we will refund you back to the original tender type. Items deemed as general wear and tear and not due to a manufacturing fault will not be refunded.

We will not be liable to you for failures, defects or delays in delivery caused by:

a. Your provision of incorrect or outdated information;
b. Your mailbox being full;
c. Your failure to comply with instructions for use of the Site; or
d. Any event which is outside of our reasonable control.

This policy does not affect your rights under the Australian Consumer Law or Fair Trading Act (New Zealand), including consumer guarantees.

3. MISUSE OF THE SITE

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Cybercrime Act 2001. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

4.COPYRIGHT, TRADEMARK, INTELLECTUAL PROPERTY RIGHTS & LICENSES

All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Us, The entire content of the Site is protected by copyright laws.

The content of the Site, and the Site as a whole, are intended solely for the personal, non-commercial use by the users of this Site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to You as a result of any such activities. We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this Site.

Dale and Waters is a registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from katies.com.au.

5. MY ACCOUNT & WISHLIST

You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to your computer and/or email address to prevent unauthorised access to your account.

We reserve the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way.

We reserve the right to delete Your account or wishlist at any time. In this instance Your information will not be saved and cannot be retrieved by Us.

6. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

All comments, feedback, reviews, suggestions, ideas, and other submissions disclosed, submitted or offered to Us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Us of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, We will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

7. HOW TO MAKE A COMPLAIN

A. HOW TO MAKE A COMPLAINT

Our complaints management process is visible, easily accessible and responsive.

It is easy for you to provide feedback and complaints in the following ways:

• Via the contact us page on our websites, or information@daleandwaters.com.au
• By phoning our Customer Care Team: Australia: 1300 856 825 Monday - Friday 9am-4pm (AEST)
• By email - information@daleandwaters.com.au
• In writing: Dale and Waters, 46B Sustainable Avenue, Bibra Lake WA 6163
• If you wish to submit a complaint or concern, please provide us with all relevant details such as: The date and time of the incident or communication;The circumstances surrounding the event (including order numbers);Your concerns about what was said or done;Your expected outcome.

B. HOW LONG WILL IT TAKE TO RESOLVE MY COMPLAINT

We are committed to responding to the issues you raise in a timely manner and keeping you informed of the progress of your complaint. All complaints are taken seriously and handled respectfully with impartiality and discretion. You will receive an acknowledgment from us within 7-10 business days confirming receipt of your complaint. We will endeavour to respond to you at all times promptly and to offer a practical solution that is consistent with our legal obligations.