Terms of Use

These Terms of Use govern your use of the jamiedurie.com and jamieduriedeisgn.com websites (“Jamie Durie Websites”). These terms will be updated from time to time so please make sure you check back regularly for any changes.

Using the Site

Your access to and use of any Jamie Durie Website is for your personal use only. We do not permit any commercial use of the site without our express written agreement.

Membership

You may need to register as a member or sign-in via your social media account to be able to access or use certain features on the Jamie Durie Websites. Your use of a social sign-in is subject to the terms and conditions of your account with your third-party provider as well as these Terms of Use.

Membership is free but is conditional upon you giving us accurate registration information, including a valid name, date of birth and email address. By joining as a member you confirm that you able to enter into legally binding contracts in Australia.

Members may not have more than one active account. You are responsible for all activity on your account and for maintaining the security of your password. We are not liable for any losses caused by someone else using your account. If you believe someone else has accessed your account, you must tell us immediately.

We may refuse to accept your membership request or terminate your sign-in or membership at any time in our sole discretion without giving any reasons.

Privacy

Your sign in, membership information and any other personal information you provide to us is subject to our Privacy Policy. By using the Jamie Durie Websites you consent to us collecting and using this information in accordance with our Privacy Policy.

Our Products The products for sale on the Jamie Durie Websites are intended for personal use only and you agree not to commercially resell any product you buy from our on-line shop.

We take care with our product descriptions, but on some occasions it is possible that this description will be inaccurate. Similarly we take care to ensure that the correct product image and colours are displayed, but you should be aware that product images and colours may be distorted by different technology platforms and devices.

To the extent permitted by applicable law we do not warrant that the product descriptions, colours, information or other content available or offered on the Jamie Durie Websites are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered for sale via the Jamie Durie Websites.

Your Product Order After you have placed your product order and we have processed your payment we will provide you with an order confirmation by email. This email does not guarantee that the product you have ordered is available. It represents confirmation that we have received your order.

Your order represents an offer to purchase, which we accept when we dispatch your product. Once the product has been handed over to the designated carrier, the contract between you and us is completed. The sale contract is therefore concluded in New South Wales, Australia. 

If delivery of an order will result in unacceptably high freight charges we reserve the right to cancel an order prior to dispatch. If we cancel your order in these circumstances we will issue a full refund to you.

In the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch. We will contact you by email as soon as possible to let you know. You may choose to have a credit to your account or a refund to the value of the unavailable product.
We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out in these Terms of Use.

Prices All prices displayed on the Jamie Durie Websites are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment by Visa, MasterCard, American Express and PayPal.

Payment Security We use industry standard encryption to keep your personal information secure throughout the payment process. We do not store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member’s credit card is used fraudulently.

Delivery Fees Delivery fees and times are calculated based on the size and weight of your order and its destination. The delivery price for each product order will be displayed during the checkout process, prior to payment and order confirmation and included in the total price of your order.
Delivery Time Each product description includes the estimated delivery time frame for that product. Typically, delivery occurs within 2-4 weeks of us receiving your payment. In some cases the estimated delivery time frame will be longer, for example where items are made to order. From time to time the delivery of specific items will exceed our usual 2-4 week delivery window for reasons outside our control.

Product Risk 

Risk in the products purchased by you passes to you on delivery. We do not accept liability for any loss, theft or damage to the products after delivery.

Delivery Partners We work with a number of delivery partners including Australia Post and courier companies. Your order will be delivered to the delivery address provided by you. We cannot deliver to PO boxes. Our delivery partner may leave a card at the address and you will need to pick up the delivery from your nearest Post Office or contact the courier company to arrange for re-delivery. 
In some cases, we will only be able to deliver products in Australia or the USA. This information will be included in the product description.

Incorrect Delivery Address It is imperative that you verify during the order process that your delivery address is correct. If the address provided is incorrect and the package is returned, you may be billed for the additional shipping charges that we incur to deliver the products to you. We may also require a contact phone number, which may be used by the courier to arrange delivery. If our delivery partner has been unable to deliver your order due to your error or fault after 21 days or 3 attempts (whichever is sooner), we reserve the right to cancel your order. In these circumstances we will refund you the price of your order, less the delivery fees incurred by us.

Returns If your product is faulty, damaged, broken or otherwise non-compliant with a product description, please contact us as soon as possible with your name and order number and our customer care team will advise you on the next steps.

Copyright 
The Jamie Durie Websites contain content that has been created by and is owned by the Jamie Durie Group. You may not reproduce or redistribute or use our content in any way unless you have our express permission.

Trade Marks 
The trademarks used on the Jamie Durie Websites belong to the Jamie Durie Group. Nothing contained on any Jamie Durie Website should be construed as granting any licence or right of use of any trademark displayed on the site. Use of any trademarks displayed on the Jamie Durie Websites requires the express permission of the Jamie Durie Group.

Your Contributions 
In certain areas of our Jamie Durie Websites we encourage you to participate in discussions and make your own contributions (“Your Contributions”). Your Contributions are subject to the following conditions:

  • All Your Contributions must be your own work and must not include any material which is the copyright of someone else;
  • Your Contributions must be on-topic and constructive and not contributed with the intention of disrupting our online communities or causing harm or offense to anyone;
  • You give to us free of charge permission to use Your Contributions in any way we want to on any website or mobile site, application, products or services in any media (including editing, modifying or adapting Your Contributions for operational or editorial reasons).
  • Copyright in Your Contributions remains with you and the permissions you give us do not restrict you from using Your Contributions in any way;
  • You acknowledge and agree that it is not always possible for us to attribute you as the author of Your Contributions; and
  • We may choose not to use Your Contributions or remove Your Contributions from the Jamie Durie Websites at any time in our discretion.

Prohibited Contributions
 It is your responsibility to ensure that Your Contributions do not breach any applicable laws or rights. Without limiting this obligation we require that Your Contributions do not:

  • Defame any person;
  • Breach anyone’s intellectual property rights or confidentiality.
  • Breach privacy laws;
  • Breach anti-discrimination laws;
  • Contain any links, advertising or marketing material or spam;
  • Stalk or harass any person;
  • Encourage or promote or assist the commission of any illegal act;
  • Contain excessively coarse language or content; or
  • Include any material that contains any virus or computer code file or computer program designed to impair any the performance of the
  • Jamie Durie Websites or any computer, software or telecommunications device.

Service Changes

We reserve the right to change, suspend or discontinue any content or services included in or accessible via the Jamie Durie Websites without any notice and without any liability to you.

Dealings with Advertisers

The Jamie Durie Websites may include advertising and promotional material provided by third party advertisers. We do not recommend or endorse any advertiser, its products or services and we ask that you contact the advertiser directly if you have any queries or concerns regarding the content of any advertisement.

Links

For the convenience of our users the Jamie Durie Websites may contain links and other pointers to websites operated by third parties. We do not control these websites and we are not responsible for their availability or their content and /or services.

Termination

You agree that the Jamie Durie Group may without notice terminate your Jamie Durie website account and access to our services without notice on any reasonable grounds including but not limited to:

  • Breach of these Terms of Use;
  • Request by law enforcement authorities or agencies;
  • Discontinuation or modifications to our services;
  • Technical issues or problems;
  • Extended periods of account inactivity;
  • Where we suspect you have used the services for a fraudulent or illegal purpose

Disclaimer

The content included on the Jamie Durie Websites is for your information only. It is not intended as advice and you should not rely upon it as such. You should verify any important information and seek independent advice suited to your specific circumstances prior to making any decisions.

Limitations of Liability

Your use of the Jamie Durie Websites is at your sole risk. To the extent permitted by law the Jamie Durie Group, its affiliates, partners and licensors expressly disclaim all warranties and conditions of any kind regarding our content, products and services whether express or implied unless expressly set out in these Terms of Use. Without limiting the forgoing we do not warrant that our content is accurate or reliable. Nor do we warrant that our services will be timely, uninterrupted or error free or that any errors or defects will be corrected.

To the extent that our liability for beach of any implied warranty or condition cannot be excluded by law our liability will be limited at our option to resupplying our services (or equivalent services), or paying the cost of having the services supplied again. In no circumstances are we liable for any indirect or consequential losses or damages arising in connection to your use of the Jamie Durie Websites.

Indemnity

We rely on you to use the Jamie Durie Websites responsibly and to observe these Terms of Use. If the Jamie Durie Group suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify the Jamie Durie Group for the losses, damages and costs.

Governing Law

These Terms of Use and any issues arising under these Terms of Use will be dealt with under the laws of New South Wales, Australia.

The Jamie Durie Group comprises JPD Media and Design Pty Ltd ACN 098 894 761 (a company registered in Australia), and all of its affiliates and subsidiaries, wherever they may be located in the World.