Str82U Pty Ltd T/as DiYAS
ABN 61 155 319 154
ACN 155 319 154

DiYAS - TERMS & CONDITIONS

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (THE "WEBSITE"). USING THIS WEBSITE, INCLUDING SIGNING UP TO THE NEWSLETTER OR COMPLETING A PURCHASE, INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

The Website is owned and offered by Str82U Pty Ltd trading as ‘DiY Aluminium Systems’ (‘DiYAS’) to you, the user, conditioned upon your acceptance without modification of the terms and conditions set forth herein (‘Terms & Conditions’). Access and use of the Website is subject to these ‘Terms & Conditions’ and all applicable laws, statutes, and regulations. The Website has been designed to provide general information about ‘DiYAS’ and its business and to offer the opportunity to purchase ‘DiYAS’ products and receive regular newsletters and updates on ‘DiYAS’ products.

 

Acceptance of Conditions

Purchase of ‘DiYAS’ products and subscription to the ‘DiYAS’ newsletter (newsletter) and use of the www.diyas.com.au website (website) are governed by these ‘Terms & Conditions’. By purchasing/subscribing to the newsletter and using the website you have agreed to these ‘Terms & Conditions. ‘DiYAS’ reserves the right to amend these ‘Terms & Conditions’ at any time. Your continued access to the website and subscription to the newsletter will constitute your acceptance of any changes or revisions to the ‘Terms & Conditions’. Your failure to follow these ‘Terms & Conditions’ may result in suspension or termination of your access to the website and the newsletter, without notice.

 

No Reliance

While ‘DiYAS’ has endeavoured to ensure the accuracy of the information accessed via the website and distributed via the newsletter, ‘DiYAS’ does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the website or in the newsletter.

Entry into Competitions

As a subscriber of the newsletter you will be given the opportunity to enter competitions from time to time via the newsletter, as well as the opportunity to take advantage of special offers.

Each competition and special offer is subject to terms and conditions which will be available to you via the newsletter at the time of entering the competition or viewing the offer. Any competition that is made available to the public is governed by its own terms and conditions subject to law. The ‘Terms and Conditions’ of each competition will be made available to all prospective entrants and should be read in conjunction with this agreement.

 

Online Purchases

If a product you purchase does not match the description on the Website, as your sole and exclusive remedy you may return the product, unused and unopened, to ‘DiYAS’ and receive a refund of your purchase price only. Items in your shopping cart will reflect the most recent price (in Australian Dollars) displayed on the item's product detail page. Prices may be updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in our catalogue may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, ‘DiYAS’ will take one of the following options: (i) if an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (ii) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologise for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure.

Discounts are limited-time offers and are not valid with other offers. For shipping, cancellations, and other ordering questions, please refer to our ‘Refunds & Shipping Policy’.

 

Links to the Website

The website and the newsletter may contain links to other websites and may on occasion display content or information from other websites within frames on the website. Websites or pages to which the website or newsletter are linked are for information only and have not been reviewed by ‘DiYAS’. ‘DiYAS’ has no responsibility for the content of the websites or pages linked or linking to the website or the newsletter.

 

Editing and Deletions

‘DiYAS’ reserves the right to review, edit, move or delete any material provided for display or placed on the website or in newsletters, without notice.

 

Use of Electronic Addresses

All electronic addresses of ‘DiYAS’ and its employees published on the website or in the newsletter are for business purposes only. The publication of those electronic addresses should not be taken as consent by ‘DiYAS’ and its employees to receiving unsolicited commercial electronic messages not directly related to the website, the newsletter or ‘DiYAS’ business.

 

Privacy

Your purchase or subscription to the newsletter and your access of this website constitutes acceptance of our ‘Privacy Policy’. To view our ‘Privacy Policy’, click the following link. (Privacy & Security).

 

Spam

By purchasing ‘DiYAS’ products on line or subscribing to the newsletter you are consenting to receive electronic communications from ‘DiYAS’ regarding the newsletter and ‘DiYAS’ products, offers and services. You can withdraw your consent by unsubscribing at any time simply by click "unsubscribe" or "manage subscriptions" from the electronic communication.

 

Intellectual Property

The website and newsletter are the property of ‘DiYAS’. The website and the newsletter, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks and other material (Content) are protected by copyright, trademarks and/or other proprietary rights. The Content includes both content owned or controlled by ‘DiYAS’ and content owned or controlled by third parties and licensed to ‘DiYAS’. All individual articles, reports, and other elements making up the website and the newsletter may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the website and/or newsletter. Except for the purposes of viewing the website and newsletter, you must not copy, adapt or distribute those materials unless you have first obtained our written consent to do so. You may not use any of ‘DiYAS’ trademarks, trade names or brands without the  prior express written consent from ‘DiYAS’ and you acknowledge that you have no ownership rights in and to any of those names, brands or marks. You agree to notify ‘DiYAS’ in writing promptly upon becoming aware of any unauthorised access to or use of the website or newsletter by any party or of any claim that the website, newsletter or any of the contents of the website or newsletter infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

 

Limit of Liability

‘DiYAS’ makes no warranties or representation about any content or information on this website or in the newsletter, and to the extent permitted by law exclude (and where law does not permit an exclusion, limit to the extent permitted by law) all: warranties and representations about the currency, accuracy, suitability or reliability of any content or information on the website and newsletter; and liability for any direct, indirect and consequential costs, losses, damages and expenses incurred in any way (including but not limited to that arising from negligence), connected with any use or access to the website or any reliance on information contained on the website and newsletter. ‘DiYAS’ will not be held responsible for ‘Content’ provided by third parties. ‘DiYAS’ is also not responsible for the reliability or continued availability of the telephone lines and/or equipment you use to access the website and newsletter. ‘DiYAS’ does not warrant that the website or newsletter are compatible with your computer equipment or that the website, the newsletter or their servers are free of errors or viruses, worms etc and ‘DiYAS’ is not liable for any damage you may suffer as a result of such destructive features. ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE, THE NEWSLETTER OR THE INFORMATION ON THE WEBSITE OR IN THE NEWSLETTER, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPETITIONS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, ‘DiYAS’ RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Termination of Access to the Service

‘DiYAS’ has the right to terminate or suspend your subscription to the newsletter and your ability to access the website, for any or no reason, without notice and without liability.

 

Feedback

While ‘DiYAS’ is pleased to receive feedback, comments and ideas from visitors to the Website, any information that you submit through the Website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our ‘Privacy Policy’). Please read the ‘Privacy Policy’ before submitting personal information to ‘DiYAS’. Your use of the Website constitutes your acceptance of all the terms of the ‘Privacy Policy’. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, you hereby grant ‘DiYAS’ an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that ‘DiYAS’ is free to use them for any purpose.

 

Legalities

This website and the newsletter and their use are governed by the laws of Australia and the State of Western Australia. In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order or account registration form (the ‘Registration Data’). If ‘DiYAS’ suspects that your ‘Registration Data’ is inaccurate or incomplete, ‘DiYAS’ may suspend or terminate your account. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If you are a under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the ‘Terms & Conditions’. If you do not qualify, do not use the Website. You shall indemnify, defend and hold harmless ‘DiYAS’, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys' fees, accounting fees, and expert witness fees arising out of or related to (i) your use of the Website or the Content and (ii) any breach or non-compliance by you of these ‘Terms & Conditions’. ‘DiYAS’ shall have the right at its own expense, not the obligation, to assume the exclusive defence and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of ‘DiYAS’. ‘DiYAS’ reserves the right to seek all remedies available at law or in equity for violations of these ‘Terms & Conditions’, including the right to block access from a particular internet address to the Website.

 

REFUNDS & SHIPPING POLICY

 

Domestic Online Orders - Method of Refund or Exchange

If you change your mind, your ‘DiYAS’ product/s purchased via ‘DiYAS’ Online (www.diyas.com.au) can be returned to us to Customer Returns, ‘DiYAS’ 31 Furnace Road Welshpool WA 6106. Products must be unopened and in the original condition and must be sent back undamaged within 7 days from original receipt of goods, your proof of purchase/order information must also be included in the return. Failure to meet with these conditions could result in an exchange or refund being denied.

The Credit Card or PayPal Account to be refunded will be the Credit Card or PayPal Account with which you purchased your order.

The value of the ‘DiYAS’ product will be refunded only, unfortunately not the freight portion.

If you believe the product you received from ‘DiYAS’ is with fault please refer to ‘Returns & Cancellations’ below.

 

International Online Orders - Method of Refund or Exchange

‘DiYAS’ does not ship internationally without prior arrangement and freight quote. For all international inquiries please contact sales@diyas.com.au with order requirements and full delivery address.

 

Domestic Delivery

All Australia shipments will be dispatched via ‘Star Track’ or ‘Mainfreight’. We strive to dispatch all orders within 48 hours (2 working days) of order placement. During high volume times, such as the October-December period and other warm weather periods, there may be a longer wait. We strive to dispatch all orders as quickly as possible during these times and we thank you for your patience.

As the items are of a bulky nature we are unable to deliver to post office boxes or private mail bags. A physical delivery address is required to dispatch the goods

If you are not home for delivery, the goods will be left safe. If they cannot be left safe a card will be left with the contact number of the transport company for you to call and re arrange delivery. If you have any delivery concerns or problems email ‘sales@diyas.com.au’ with your order details.

Shipments within Australia will be charged by the delivery post code at check out. Metro Perth, Brisbane, Sydney, Melbourne and Adelaide are free delivery. Metro area is defined by postcode ranges supplied by our transport company.

 

Delivery Times

Sydney: 1-3 Working Days

Melbourne: 1-3 Working Days

Brisbane: 1-3 Working Days

Canberra: 1-3 Working Days

Adelaide: 2-5 Working Days

Perth: 1 - 3 Working Days

Hobart: 4-6 Working Days

Darwin: 5-7 Working Days

Regional Areas Add 2-4 days to your nearest capital city delivery time.

 

If your order is not delivered within the correct time frame contact us at sales@diyas.com.au. ‘DiYAS’ will follow up with transport companies and respond with an expected delivery time as soon as we receive information.

 

Insurance

‘DiYAS’ takes full responsibility of the delivery, no third part insurance is required by you.

 

Track Your Order 

To locate your order at any time please email sales@diyas.com.au with your full contact and order details.

 

Stock Availability

If for any reason stock is not available, you will be contacted via email and informed of the delay. You will be given a choice to wait for the product or a full refund


 

Privacy & Security

At ‘DiYAS’, we want your online shopping experience to be comfortable, easy and safe. We have gone to great measures & installed security programs, to ensure all information used on our website is kept between ‘DiYAS’ and you. All of your personal data (name, address and credit card number) will be kept secure, so it cannot be read by anyone over the internet. We are bound by the ‘Commonwealth Privacy Act 1988’, which set out a number of principles concerning the protection of your personal information. ‘DiYAS’ will not sell, rent or disseminate your personal information to other parties. We guarantee that every online transaction you make will be 100% safe. This means you pay nothing if unauthorized charges are made to your card as a result of shopping at our online store. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 of fraudulent charges. If your bank does hold you liable for any of this $50.00, ‘DiYAS’ will cover the entire liability for you, up to the full $50.00. This liability will be covered when ‘DiYAS’ sights all documentation from a recognised bank confirming that the charges were made from our website, and were not authorised by the cardholder.

 

Liability of DiYAS

Please check all your order details carefully before processing your order. ‘DiYAS’ will not take responsibility for any product lost or stolen that is addressed incorrectly, due to miss information given on your order form.

 

Returns and Cancellations

We regret we cannot offer a refund or exchange once the product has been opened and used. When shopping at ‘DiYAS’, all products sold are of the exact same standard and quality of those sold in stores. If for any reason, you believe the product is faulty and/or defective in any way, you may request an exchange of opened product, please contact our ‘Customer Service Team’ via ‘sales@diyas.com.au’. ‘DiYAS’ will exchange a faulty/defect product if it is found there was a production error. If it is found the product is NOT faulty, the customer will be charged the shipping fees. If it is found that the product IS faulty, the product will be replaced (the same size and value of the original product ordered) and shipping will be paid for by ‘DiYAS’. To do this, you must obtain a return authorisation number via email. Email your personal details, invoice number and product, along with the reason you believe the product is faulty to ‘sales@diyas.com.au’. This will enable us to allocate you a return authorisation number & inform you where to send the faulty product. Cancellations: Due to the order processing of our web site and custom manufacturing of your product we cannot accept cancellations. Please make sure you select your products carefully.

 

Wrong Size Products

If any product you have delivered is not the correct size you ordered email sales@diyas.com.au with your consignment note number. ‘DiYAS’ will verify ordered size and delivered size; if the incorrect size was delivered ‘DiYAS’ will arrange a pick up and re delivery of the correct size.

 

Warranty

 ‘DiYAS’ warrants that the product’s ‘Interpon’ coating only is free from manufacturing defects for a period of 10 years, subject to the “Conditions of Warranty’ set out below.  If a product with a manufacturing defect becomes apparent and is reported to ‘DiYAS’ within 10 years of the date of delivery (time being of the essence) then ‘DiYAS’ will either (at the sole discretion of ‘DiYAS’) repair the defect or replace the product. The ‘Conditions of Warranty’ given are:

(a) The warranty shall not cover any defect or damage to the ‘Interpon’ which may be caused or partly caused by or arise through:

  1. Failure on the part of the Purchaser to properly maintain any Goods; or
  2. Failure on the part of the Purchaser to follow any instructions or guidelines provided by the ‘DiYAS’; or
  3. Use of any Goods otherwise than for any application specified on the order form; or
  4. The continued use of any Goods after any defect becomes apparent on the ‘Interpon’ coating or would have become apparent to a reasonably prudent user; or
  5. Fair wear and tear, any accident or act of God; or
  6. Scratching, abrasion, chipping or any other damage or deterioration caused by impact, accident, or misuse; or
  7. Deterioration of the metal substrate through oxidization or damage to the ‘Interpon’ coating
  8. Excessive condensation and/or foreign matter i.e. dust, environmental matter, animal excrement; or
  9. Normal weathering, including loss of gloss and colour of painted surfaces; or
  10. Attack on the ‘Interpon’ coating from chemical agents, fumes, liquids or solids; or
  11. Use of strong solvents such as thinners or solutions containing chlorinated hydrocarbons, esters or ketones, abrasive cleaners or cutting compounds.
  12. Installation of the Product less than 1 km from marine or industrial influences.

(b) The liability under the Warranty does not include or extend to:

  1. Labour costs associated with the removal or repair of the defective Product, or installation of the replacement Product; or
  2. Injury to persons, damage to property, loss of income, profit or business, or any other indirect loss arising from or caused in any way by the defective Product.

(c) The warranty shall cease and ‘DiYAS’ shall thereafter in no circumstances be liable under the terms of the warranty if the product is repaired, altered or overhauled without the consent of ’DiYAS’.

(d) In respect of all claims ‘DiYAS’ shall not be liable to compensate the Purchaser for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Purchaser’s claim.

(e) This Warranty does not cover against aesthetic surface corrosion including oxidization on exposed aluminium or stainless steel products.

For Goods not manufactured by ‘DiYAS’, the warranty shall be the current warranty provided by the manufacturer of the Goods. ‘DiYAS’ shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturer’s warranty.