Terms and Conditions

The Terms and Conditions listed below cover the site www.d-and-m.com.au

A. About These Terms and Conditions

In these Terms and Conditions "we" and "us" mean Deep & Meaningful Pty Limited [“D&M”] ABN 33 080 145 795 and "you" means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

B. Legal Capacity to Transact

If you are under the age eighteen (18) years you can not place orders with D&M.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should D&M suffer any damage or other losses as a result of a transaction entered into by a minor, D&M reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with D&M.

C. Placing Your Order

To purchase Products and create an Order simply use our shopping cart facility.
When you place your Order, we will issue you with an Order Number. We will do this by email.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
Information contained on the D&M website constitutes an invitation to trade. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however D&M will make every effort to supply Products to you.
We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. D&M and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

D. Payment Methods and Processing

D&M currently accepts Visa and MasterCard only
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding Victorian Public holidays.
We process credit card payments after you complete the order process
For credit card payments we will email a tax invoice receipt to you with your Order Confirmation. Your tax invoice receipt is your proof of purchase
D&M reserves the right to add a service charge on all credit card transactions
The fee charge will always be displayed with the appropriate credit card used for any payment to D&M

E. Tax (GST)

D&M purchases are inclusive of all taxes (GST) unless otherwise stated on a Product listing.

F. Prices

D&M reserves the right to change prices for Products displayed on our website at any time without notice.

G. Supply of Your Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
When your Order items have been dispatched, we will email you to confirm shipment.

H. Delivery of Your Products

D&M products can be shipped to virtually any address in the world. Note that there are restrictions on some products, and some products cannot be shipped to international destinations.
All of our products both throughout Australia and Internationally are shipped via Australia Post. All Shipping, Postage and Handling costs are calculated during the checkout process on the Website.
Delivery time for purchases within Australia takes up to 14 working days from the date your payment is received.
Where you have purchased a Product that is to be dispatched outside Australia it may take up to 3 weeks.
D&M makes every effort to deliver your Product according to the estimated delivery times provided by D&M . The estimated delivery times are in business days (Monday through Friday) excluding Victorian Public holidays.
Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us at orders@d-and-m.com.au
We encourage you to visit the "Your Account" section on our website to view the delivery status of your Products.
Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier will leave a card so you can pick-up your Product from your local Post Office.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all Products will pass to you on delivery.

I. Refunded Credits

Under the D&M guarantee we may credit "Your Account" with a Refund Credit from time to time. D&M will only provide Refund Credits under the Terms and Conditions detailed under "Your Rights to Return A Product"
Where "Your Account" holds Refund Credits and you place an Order for a Product or Products:
- Any (applicable) Coupon and/or D&M Dollars that may be in your in "Your Account" credit facility must first be applied towards payment of the Product (or Products);
- In the event that (any applicable) Coupon and/or D&M Dollars are insufficient for full payment of the Product (or Products), you must apply your Refund Credits towards the outstanding balance due on the Product (or Products); and
- Where any outstanding balance due on a Product (or Products) is less than the total Refund Credits in "Your Account", you retain the future use of any unused Refund Credits to apply towards any future Product payments; or
- In the event that you have insufficient Refund Credits to apply towards the outstanding balance due on the Product (or Products), you must pay any remaining outstanding balance due on the Product by Visa or MasterCard
- You can only request to redeem the full amount of your Refund Credits held in "Your Account". To redeem your Refund Credits contact D&M.

J. Your Rights to Return a Product

In the event of an allergic reaction to a D&M product, you may return the offending product for exchange or full refund (including shipping and handling costs) if the following conditions are met:

Proof of allergic reaction is provided
The product must be returned within 7 days of receipt
The product must be returned in it’s original packaging
Open and used products must be returned with no more than 25% of the product having being consumed. (Allergic reactions will generally occur within the first 15% of a products use)
Email info@d-and-m.com.au with the following details:

                     a)Name
                     b)Date of purchase
                     c)Reason for return
                     d)Request for return, exchange or refund

Upon receipt of your email you will be advised of your RAN (Return Authorization Number) and you are to then return the product to D&M, PO Box 427, Ascot Vale, Victoria, Australia 3032, within 14 calendar days of the issuance of the RAN.
If these requirements are not met, D&M reserves the right to refuse a return, exchange or refund.
No refunds, credits or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.

K. Dead On Arrival Products - "DOA"

A D&M Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging. Notification of DOA must be made to D&M within 2 working days.
A D&M Customer Service member will determine whether the Product is DOA. Where a Product is determined as DOA we will arrange to replace the Product.
Where D&M has determined that a Product is DOA, return shipping will be arranged at the expense of D&M.
If the Product is deemed by Customer Services NOT to be DOA, D&M may in its absolute discretion refuse to replace the Product or offer you a refund for the Product.
When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property.
When a refund is given, the returned DOA Product becomes our property.
D&M reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer, D&M will impose a $45 handling and administration fee

L. Product Problems after Delivery

If your item arrives DOA (Dead on Arrival) or you find a defect arises after delivery and a valid claim is received by D&M Customer Service within 10 working days of delivery, D&M will exchange the Product where possible, or refund you the purchase price of the Product. Should you contact us outside the 10 working day period Customer Service Management will consider each claim on a case by case basis on its merits.
Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product if the item is sent after 14 days from notification
We will make arrangements with you for the return of the Product.
The delivery time for replacing the Product will be the same as stated for the original Product.

M. Return Authorization Number - A Must Have

A Return Authorization Number (RAN) is required for both replacement Products and refunds.
Where D&M Customer Service has provisionally determined that a Product is DOA, D&M Customer Service will issue you with a RAN.
Products can not be returned without a RAN.
The Product should be returned to D&M, PO Box 427, Ascot Vale, Victoria Australia 3032, within 14 calendar days of the issuance of the RAN.
All Products must be packed in the original, unmarked packaging including any accessories, case, manuals, documentation and registration that was shipped with the Product.

N. Organizing the Return of DOA Products

DOA Products must be returned whenever we agree to replace the Product or provide you with a refund.

O. When a Refund is arranged

Refunds include all shipping and associated costs for the DOA Product.
No refund will be given to you until D&M has received the DOA Product from you in its original packaging with all accessories.
Refunds will be issued by a credit to "Your Account" with D&M. Where a credit is organized for "Your Account" you have the option of cashing-out "Your Account" at any time.

P. Your Data - Use and Protection

By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other D&M Products that may be of interest to you.
If you do not agree to our using such data in order to provide you with information on other D&M Products, you should indicate your non-agreement on the appropriate section of your Order Form.
You may obtain a copy of the data held by us concerning you on request in writing.
We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
Please refer to our Privacy Statement.

Q. Credit Card Fraud

Whilst D&M employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, D&M will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.

R. Links to Other Websites

This website may contain links to other websites. Please be aware that we, D&M, are not responsible for the privacy practices of other websites. This privacy policy only applies to the information collected by this website. When visiting other websites, we recommend that our users read the privacy policies of each website they visit.

S. General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of D&M. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in D&M for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option D&M, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
D&M reserves the right to change the Terms and Conditions of sale at any time without notice.
No D&M employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

T. Copyright

All content on this website, including text, images, graphics, products etc are the property of D&M and are protected by Copyright law. No part or portion of this website may be used, copied or sold without written consent.

U. Information on this Website

While D&M strives to ensure that all of the information and advice contained within this website is correct, we take no responsibility for any loss or damage occurring from its use. This information and advice is of a general nature and is not intended to replace professional advice for individual or specific conditions or ailments.

V. Purpose of Goods

Upon purchase of goods, the buyer agrees to use the products only for their intended purpose. Any other use will cause the buyer to assume full responsibility for any loss or damage occurring from their use of the goods.

W. Force Majeure

D&M shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of D&M, and D&M shall be entitled to a reasonable extension of time for the performance of such obligations.
If any part of the product provided by D&M pursuant to this invoice and related quotation fails to conform in a material respect with D&M’s Specifications, then D&M will not be liable unless the buyer notifies D&M of the failure within 7 days of the date of the failure becoming apparent to the buyer; and D&M’s liability is in any case limited to the extent of a full refund of the cost to the client of the goods purchased.

X. Manufacturers Specifications

There are always risks, unknown factors and uncontrollable events associated with the use of any product, based on the manner in which an individual body may react to a product. D&M cannot and does not claim or warrant that all potential reactions have been identified.
All the ingredients contained in every D&M product are fully listed on the label of each product and it remains the buyers responsibility to review and check these ingredients against that of the buyers known allergies to avoid a possible adverse reaction to a contained ingredient.
D&M advises that in the occurrence of an allergic or adverse reaction to a product or ingredient, immediately cease using the offending product.

Y. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.

Z. Privacy and Security

D&M understands that you value your privacy and wish to have your personal information kept secure. Our Privacy Policy describes generally how we manage your personal information and safeguard your privacy. If you would like more information, please don't hesitate to contact us.

AA. The National Privacy Principles

We are bound by and comply with the National Privacy Principles, as provided in the Federal Privacy Act 1988.

AB. Collecting Personal Information about You

D&M only collects personal information that is necessary for us to conduct our business as an online provider of goods.
The personal information we collect will include information you give us when you place an order for the purchase of the goods we supply.
An online shopper must provide personal information (such as name, shipping address, billing address, contact details and credit card information) to enable D&M to process orders and to provide a professional, personalized service.
If we have trouble processing an order, the information provided may be used to contact the user.
We may also collect personal information about individuals who are not customers of our business, but whose personal information is given to us by those individuals or other people in the course of a transaction. This personal information will include your name, address and contact details, and may include other personal information about individuals we collect in the course of a transaction.
We may also collect some information from you when you use our website (www.d-and-m.com.au) Your use of the information and services available through our website will determine the type of information that we collect about you.
The only personal information that we collect about you when you use our website is what you tell us about yourself, for example, when you complete an online form when placing an order, or information you provide to us when you send us an email. Please note we will record your email address if you send us an email.
Personal information (such as name, email address, age group and skin characteristics) entered during the use of the D&M Skin Analysis Tool is required to provide the user with an accurate analysis of their skin type and condition and to allow the user to request a copy of their personalized skin analysis to be sent to them via email.

AC. Using and Disclosing your Personal Information

We respect your privacy. Any personal information that we collect about you will be used and disclosed by us so that we can provide you with the services that you have requested, or otherwise to enable us to carry out our business as suppliers of goods.
Please be assured we will not disclose information about you unless the disclosure is required or authorized by law, you have consented to our disclosing the information about you, or for another purpose (related to the primary purpose of collecting that information) that you would reasonably expect.
We may also use your personal information to provide you with information about other services offered by us. However, the only information that you must provide is your name and payment details (where applicable). If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
We do not engage in unsolicited telephone or email marketing. In particular, if you are contacted by telephone by an individual or organization claiming to represent D&M do not purchase from the organization as we have a strict policy against telephone marketing.

AD. Automatic Information/Cookies

Cookies are pieces of data stored on a user’s computer that enable our system to recognize the user’s browser.
When you visit the D&M Website some information is collected relating to certain aspects of your visit. The information collected (such as the web pages you viewed, browser type, the time you spent viewing the site, number of clicks, etc) cannot be used to identify an individual user and is only used to allow us to analyze trends and to provide us with an understanding of how users interact with our website.

AE. Access to Your Personal Information

In most cases you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the National Privacy Principles.
We encourage all requests for access to your personal information to be directed to the Privacy Officer at D&M by emailing us or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information which is not currently in use may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
In some cases, we may refuse to give you access to personal information we hold about you. This includes, but is not limited to, circumstances where giving you access would: be unlawful (e.g., where a record which contains personal information about you is subject to a claim for legal professional privilege by one of our clients); have an unreasonable impact on other people's privacy; prejudice an investigation of unlawful activity.
We will also refuse access where the personal information relates to existing or anticipated legal proceedings and the information would not be accessible by the process of discovery in those proceedings. If we refuse to give you access we will provide you with reasons for our refusal.

AF. Correcting Your Personal Information

If you request us to do so we will amend any personal information about you held by us which is inaccurate, incomplete or out of date. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.

AG. Securing and Storing Your Personal Information

We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorized use or alteration.
In our business, personal information may be stored both electronically (on our computer system) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all our electronic information. Likewise, we take all necessary measures to ensure the security of hard-copy information.

AH. Disposal of Personal Information

Once your transaction is finalized, both the electronic and hard-copy information is securely archived. After a period of 7 years both the electronic and hard-copy information is destroyed.

AI. For more information or to complain about a breach of your privacy

If you would like more information about the way we manage personal information which we hold about you, or are concerned that we may have breached your privacy, please contact us.

Email: info@d-and-m.com.au

AJ. Changes to our Privacy Policy

From time to time it may be necessary for us to revise our privacy policy. Any changes will be in accordance with the Privacy Act 1988 and the National Privacy Principles. We may notify you about changes to this privacy policy by posting an updated version on our website www.d-and-m.com.au
If you require any further information about the Privacy Act 1988 and the National Privacy Principles, you can visit the Federal Privacy Commissioner's website at www.privacy.gov.au