Terms of service

The Dusty P.A - Terms & Conditions of Sale

The following terms and conditions of sale (Terms) apply to the ordering, purchase and delivery of Products from the Site (www.thedustypa.com) and form a contract between You and The Dusty P.A of 15 Marana Road, Northbridge NSW 2063, Australia (ABN 69 523 319 605) trading as The Dusty P.A.

Please read through these Terms and Our Privacy Policy prior to using this Site or placing an Order on it. By using this Site or placing an Order on it, You indicate Your consent to be bound by these Terms. If You do not agree to all of the Terms and to the Privacy Policy, please do not use this Site.

These Terms will supersede any and all other terms and conditions contained in or referred to in order(s), in correspondence or elsewhere, despite any provisions to the contrary in such terms and conditions.

1. Placement of Order and Order acceptance

1.1 You may place an Order online at the Site. Before placing the Order, You may review and change the details of the Order in the checkout area of the Site. You may identify and correct input errors at any time, before finally submitting the Order by clicking the "place order now" button. You agree that You will not be able to cancel or modify Your Order after You submit it.

1.2 The presentation of Products on the Site does not constitute a binding offer from Us. You agree that by clicking the "place order now" button You are making a binding offer to Us on these Terms to enter into a purchase agreement with Us. However, Orders may be placed and transmitted only if You accept these Terms by placing a checkmark in the appropriate check box.

1.3 Once You have placed an Order, We will send You an email confirming receipt and listing details of the Order (Order Confirmation).This Order Confirmation does not constitute acceptance of Your offer by Us.

1.4 We reserve the right to remove any Product from this Site at any time or remove or edit any materials or content on this Site. We will make Our best efforts to process all Orders, but We may refuse an Order after We have sent You an Order Confirmation, such as where the Product You have ordered is unavailable.

1.5 We will not be liable to You or any other third party for withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order after We have sent You the Order Confirmation.

1.6 Unless We have notified that We do no accept Your Order, Our acceptance of Your Order and completion of a contract between You and Us will only occur when We ship the ordered Product to You and confirm with a second e-mail to You (Shipping Confirmation).

1. Product descriptions

2.1 We take all reasonable care to ensure that all details, descriptions, images and prices of Products appearing on the Site are correct at the time when the relevant information is entered onto the system. However, to the extent permitted by applicable law, We do not warrant that the Product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Although We aim to keep the Site as up to date as possible, the information, including Product descriptions, appearing on this Site at a particular time may not always reflect the Product exactly at the moment You place an Order.

1. Price and payment

3.1 Product prices and delivery fees are in Australian dollars and include GST. Delivery fees will be indicated separately on the Site and before Order completion.

3.2 The price will be as quoted on the Site, except where there is an obvious error. We will take care to ensure that all prices quoted on the Site are accurate, but errors may occur. We cannot confirm the price of a Product until Your Order is accepted. If We discover an error in the price of any Product You have ordered, We will inform You as soon as possible and You may reconfirm the Order at the correct price or cancel it. If We are unable to contact You, the Order will be treated as cancelled and if You have already paid for the Product You will receive a full refund.

3.3 Payment can be made by credit card (Visa, Mastercard or American Express) or Paypal. By using and verifying a credit card, You confirm that the card being used is Yours. The amount payable will be debited from Your account when Your Order is accepted by Us.

3.4 Our bank account must be irrevocably credited with the amount due before We will deliver the Products to You.

1. Promotions, sales events and promotional codes

Promotions

4.1 Promotions, discounts, offers, multi-buys and promotional codes (collectively "Promotions") are valid for the specified time period, apply to a minimum order value of $150.00 AUD and may only be used once unless otherwise stated.

4.2 One-time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.

4.3 Promotions do not apply to already discounted Products, or to delivery, gift wrapping, GST or duties or similar services, unless otherwise stated.

4.4 Promotions cannot be applied retroactively to previously placed Orders or to Orders that are placed after the Promotion has ended.

4.5 For Promotions requiring a minimum Order value, charges for delivery and/or the cost of any gift included with a purchase do not count towards the minimum Order value.

4.6 If You purchase Products with a Promotion and return the Products within 28 days of the date of purchase, We will issue You a credit or refund at the promotional price. If the Promotion has expired, it cannot then be applied to a replacement or future Order. However, if the return results in the Order value falling under the minimum amount for the Promotion, the discount will be removed. This will not apply to like for like exchanges..

4.7 We can, at Our sole discretion, extend or terminate a Promotion at any time.

4.8 By claiming a promotional offer on Your Order, You agree that You have understood the terms and conditions of that Promotion.

Sale events

4.9 Sale, mid-season sale, end of season sale (collectively "Sale") are valid for the specified time period.

4.10 To receive Sale pricing You must complete Your purchase during the specified time period. Adding Products to Your shopping bag does not constitute a completed purchase.

4.11 A sale Product is any Product that is not priced at the full recommended retail price ('RRP').

4.12 '% off' refers to the amount deducted from the RRP.

4.13 Sale pricing is as marked, unless otherwise stated.

4.14 A Sale offer may be restricted to online purchases or in store purchases, or may be available for online and in store purchases. Please refer to the respective terms and conditions specific to the Sale event.

4.15 Sales are subject to size and stock availability.

4.16 Sales cannot be used in conjunction with any other offer, unless otherwise stated, and Sale pricing cannot be applied to an Order that has already been completed.

4.17 If You purchase Products during a Sale event and return those Products within 28 days of the date of purchase, We will issue You a credit or refund at the Sale price. If the Sale has expired, it cannot then be applied to a replacement or future Order. This will not apply to like for like exchanges.

4.18 Sale discounts do not apply to delivery, gift wrapping, GST or duties or similar services, unless otherwise stated.

4.19 Sale pricing cannot be applied retroactively to previously placed Orders or to Orders that are placed after the Sale has ended.

4.20 Sale Products are available only while stocks last. We do not issue rain checks for Products that are not in stock.

4.21 We can, at Our sole discretion, extend or terminate a Sale at any time.

4.22 We have no obligation to advise You of an incomplete Order and will not be accountable for the return of any Product ordered incorrectly.

4.23 By purchasing Sale Products, You agree that You have understood the terms and conditions of that Sale.

Promotional Codes

4.24 Promotional codes are only available for use online at thedustypa.com, unless otherwise stated. To qualify for the promotion, You must meet the purchase criteria and enter the promotion code at the checkout. You must redeem the offer by the date stated on the promotional code. You may only redeem a promotional code once and cannot use it in conjunction with any other offer. Promotional codes are applied to the Product value and exclude gift wrapping and delivery, unless otherwise stated.

1. Exchanges and returns

Change of mind

5.1 If You change Your mind about Your purchase, We may offer You a refund or exchange of the Products if:

(a) You have satisfactory proof of purchase;
(b) the Products are in saleable condition;
(c) You seek the refund or exchange within 28 days of Your receipt of the Products; and
(d) You return the Products to Us for refund or exchange at Your cost.

Faulty Products

5.2 Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major defect and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

5.3 If You consider that the Products are faulty, damaged or incorrect (not what You ordered), You should contact us at info@thedustypa.com with details of the Product and the fault or damage within a reasonable period of time. You are responsible for returning the Product to Us.

5.4 Upon receipt of the returned Product, We will fully examine it and notify You of Your right to a replacement or refund (if any) via e-mail within a reasonable period of time. The refund or replacement will take place as soon as possible and, in any case, within 28 days of the day We confirmed to You via e-mail that You are entitled to a refund or replacement for the faulty Product.

5.5 If there is a major defect with the Product, or if the incorrect Product has been delivered, You may choose a refund or exchange.

5.6 Where Products are damaged through misuse or abnormal use, We will not provide a refund or exchange.

5.7 These Terms are in addition to, and do not affect, Your other statutory rights and remedies which are available to You under the Australian Consumer Law.

1. Delivery

Delivery areas

6.1 Products advertised for sale on the Site may be Ordered only if the invoice and delivery addresses are within Australia.

6.2 We are not able to deliver Products to a post office box.

6.3 We may not be able to deliver Products to all locations. For a full list of delivery locations, please contact us via info@thedustypa.com

Delivery fees

6.4 Free delivery applies to Orders for Products with a total price of $150.00 or more.

6.5 A standard delivery fee of $20.00 applies to all Orders for Products of less than $150.00.

Delivery times

6.6 We will make every effort to deliver the Products to Your nominated Delivery Address within 14 days following receipt of Your Order. We cannot guarantee that delivery will take place in the time frame.

Authority to leave

6.7 You may provide authority for Our Courier to leave Products at the Delivery Address if there is no one available at the Delivery Address to accept delivery ('Authority to Leave') by checking the box at the checkout.

6.8 If You check this box, You ask Us to deliver Your Order to an unattended address at Your own risk. You accept responsibility for the Order once it has been delivered.

6.9 The Courier may, at their discretion, decide to not make the delivery to an unattended address, such as if they consider the location is unsafe.

General terms for delivery

6.10 If You are not available to accept delivery, You may appoint a representative to accept delivery. The representative must be over 18 years of age and capable of receiving delivery on Your behalf. You agree that We may rely on Your representative's instructions as if they were Your own.

6.11 On delivery, the Courier may require You or Your representative to provide them with proof of identity or age. We may not make delivery of the Products if the person receiving the Products is unable or unwilling to provide satisfactory evidence of proof of identity or age.

6.12 You or Your representative may be required to sign a delivery form to confirm delivery. If You refuse to sign the delivery form, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, You may be required to pay additional delivery fees.

6.13 You must tell Us in advance if the Courier is likely to have difficulty delivering the Products to the Delivery Address.

6.14 Where You have not provided 'Authority to Leave', the Courier will be deemed to have delivered the Products when the Courier obtains from You or Your representative confirmation of receipt of the Products (including a signature on the Courier’s manifest or scanner).

6.15 If You have not provided 'Authority to Leave' and there is no one available at the Delivery Address to accept delivery, or for any other reason delivery cannot take place, the Courier will handle and store the Products until the delivery is completed. You may be charged additional fees for any redelivery.

1. Privacy

7.1 We will keep, use and disclose personal information You provide to Us in Your Order in accordance with Our Privacy Policy.

7.2 We may also collect, and Our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement You came from or linked to, IP address, browser type, pages You visited from the Site.

7.3 You acknowledge that We may send You marketing material in accordance with applicable laws or with Your prior consent. If You are receiving this information from Us and do not wish to receive it any longer, please contact Us directly at info@thedustypa.com and ask to be removed from Our mailing lists, or by using the unsubscribe facilities included in these communications.

1. Liability

8.1 Despite anything in these Terms, certain legislation including the Competition and Consumer Act 2010 (Cth), may imply warranties, conditions or guarantees or impose obligations or remedies which cannot be excluded, restricted or modified except to a limited extent. To the extent that such legislation applies, these Terms must be read subject to those statutory provisions. Nothing in these Terms is intended to alter or restrict the operation of such provisions.

8.2 To the extent permitted by applicable law, We will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity) in contract, tort, under statue or otherwise, however caused, including arising directly or indirectly from or in connection with Your Order for Products.

1. General

9.1 We reserve the right to amend these Terms at any time. Any amendments to these Terms will become effective upon publication on the Site. The Terms which apply at the time You place an Order are those that govern the Order.

9.2 These Terms are governed by the law of New South Wales.

1. Definitions

Courier means a third party delivery or shipping company engaged by Us to deliver the Products.
Delivery Address means the address to which the Products are to be delivered, as stated on Your Order.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Order means a request by You to purchase Products from Us under these Terms through the Site.
Privacy Policy means the Dusty P.A. Online Privacy Policy.
Products means the items offered for sale on the Site.
Site means www.thedustypa.com.
You and Your means the purchaser of Products from Us under these Terms.
We, Us and Our means You and The Dusty P.A. of 15 Marana Road, Northbridge NSW 2063, Australia (69 523 319 605) trading as Phoebe Evans Pty Ltd.

11. Giveaways & Special Promotions
March 2024 Instagram Giveaway

Schedule to Terms & Conditions of entry Promotion name: The Dusty PA Instagram Giveaway

Eligible States/Territories: National Promotion in all states and territories of Australia.

Period Start: 15 March 2024 5:00 PM AEST End: 20 March 2024 12:00 AM AEST No entries will be accepted outside this time. Website address www.thedustypa.com.au

Promoter: The Dusty P.A

Eligible entrants: Entry to the Promotion is open to Australian residents in all eligible states/territories who fulfil the method of entry requirements and are 18 years of age or older.

Details of prize: The best entry/entries as determined by the judges will be deemed the prize winner(s) and will win: A gift card to the value of $200 AUD for use on any item available for sale via www.thedustypa.com.au

Total prize value: Total prize pool (inc GST): $200.00

Method of entry: To enter, an entrant must, during the promotional period: 1. Follow @thedusty.p.a 2. Like the promotional post 3. Tag a friend detailing your favourite item to dust off for Easter

Prize draw: This is a game of skill and chance plays no part in determining the winner. The judging will be performed by a judge/panel of judges appointed by the Promoter. The prize draw will begin 10:00 AM AEST on 21 March 2024

Location of the judging: 8 Marana Rd, Northbridge NSW

Notification of winners: Winners will be notified via Email no later than 21 March 2024.

Public announcement of winners:

The winners will be published here: www.instagram.com/thedusty.p.a on 21 March 2024

Unclaimed prize draw: If the prize(s) are unclaimed by the unclaimed prize draw date, the Promoter will award the prize(s) to the Eligible Entrant(s) who came runner-up when the entries were judged, subject to any directions from any regulatory authority.

Terms & Conditions of entry 1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry. 2. Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the terms and conditions providers TPAL (Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, step-sister or first cousin. 3. The Promotion will be conducted during the Promotion period. 4. The Prize/s are specified in the Details of prizes section of the Schedule. 5. The total prize pool is specified in the Total prize value section of the Schedule. 6. Any prize is valued in Australian dollars unless expressly stated to the contrary. 7. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition. 8. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid. 9. The time of entry will be deemed to be the time the entry is received by the Promoter. 10. Entrants may submit up to the Maximum number of entries (if applicable). 11. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.

12. The prize(s) will be awarded to the best entry/entries as judged in accordance with the Prize draw details. Entries must not have been published previously and/or have been used to win prizes in any other competitions. The judges reserve the right to disqualify any entrant submitting an entry which, in the opinion of the judges, includes objectionable content or does not meet the criteria relating to the method of entry. The judges’ decision is final and no correspondence will be entered into.

13. The winner does not need to be present at the draw unless expressly stated to the contrary. 14. The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.

15. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.

16. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.

17. The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).

18. The promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer capable of being redeemed, the new winner will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter). To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable. 20. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.

21. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity. 22. The Promoter and its associated agencies and companies will not be liable for any damage in transit to or delay in transit of prizes.

23. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

24. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
 25. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.

26. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The entrant agrees to indemnify the promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.

27. Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.

28. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter’s Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.

29. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.

30. Facebook, YouTube, Instagram, or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, or Snapchat; and to release Facebook, YouTube, Instagram, or Snapchat from all liability in relation to thinking. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, or Snapchat.