Terms of Service

1. Overview

This website is operated by Dumpling Squishy Australia

Throughout these Terms of Service, the terms “we”, “us” and “our” refer to Dumpling Squishy Australia.

These Terms of Service apply when you:

• Access or use our website;

• Purchase products from us; or

• Use any services made available through our website.

By accessing our website or placing an order, you agree to these Terms of Service and any policies referred to in them.

Please read these Terms carefully before using our website or purchasing a product.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

2. Eligibility and Website Use

You must be at least 18 years old to place an order through our website. If you are under 18, you may only use the website and place an order with the involvement and consent of a parent or legal guardian.

You must not:

• Use our website or products for an unlawful or unauthorised purpose;

• Interfere with the security or operation of the website;

• Introduce viruses, malware or other harmful code;

• Attempt to gain unauthorised access to our website, systems or customer information;

• Use automated systems to scrape, copy or extract website content without our permission; or

• Provide false, misleading or fraudulent information.

We may suspend or restrict access to the website where reasonably necessary to protect our business, customers, systems or legal rights.

3. Product Information

We take reasonable care to ensure that product descriptions, images, prices and other information displayed on our website are accurate.

However:

• Colours may appear differently depending on your device and display settings;

• Product appearance may vary slightly because of reasonable manufacturing variations;

• Packaging may change from time to time; and

• Images may include props or accessories that are not included unless expressly stated.

These reasonable variations do not affect your rights where a product is materially different from its description, sample or advertised characteristics.

Product descriptions, availability and prices may be updated from time to time before an order is placed.

We may discontinue a product or limit the quantity available for purchase.

4. Orders and Contract Formation

Submitting an order is an offer by you to purchase the products listed in your order.

After you place an order, we may send an automated order confirmation. This confirms that we have received your order but does not necessarily mean that we have accepted it.

An order is accepted when we confirm dispatch of the products or otherwise expressly confirm acceptance.

You are responsible for checking that the products, quantities, delivery address and contact information entered during checkout are correct before submitting your order.

Please contact us as soon as possible if you discover an error. We cannot guarantee that an order can be changed or cancelled after it has entered processing or been dispatched.

5. Refusing or Cancelling an Order

We may refuse or cancel an order where reasonably necessary, including where:

• A product is unavailable;

• There is an obvious pricing, description or technical error;

• Payment is declined, reversed or not authorised;

• We reasonably suspect fraud, misuse or unauthorised activity;

• The order breaches purchase limits displayed on the website;

• The delivery address is invalid, incomplete or outside an area we service;

• We are legally prohibited from supplying the product; or

• We cannot fulfil the order because of circumstances beyond our reasonable control.

We will not cancel an order for an arbitrary or discriminatory reason.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled product and any associated delivery charge that is no longer applicable.

This does not limit any additional rights you may have under the Australian Consumer Law.

6. Pricing and Payment

Unless otherwise stated, prices displayed on the Australian website are in Australian dollars and include GST where GST applies.

Any delivery charges will be displayed before you submit your order.

Payment must be authorised before an order is processed or dispatched.

We may use third-party payment providers to process payments. Your use of a payment provider may also be subject to that provider’s terms and privacy practices.

We may correct an obvious pricing or product-information error before accepting an order. If an affected order has already been paid for, we will contact you and give you the option of proceeding at the correct price or receiving a refund.

We will not increase the price of an accepted order without your agreement.

7. Discount Codes and Promotions

Discount codes and promotional offers:

• Must be used in accordance with any stated conditions;

• Cannot be redeemed for cash unless required by law;

• May be limited to one use per customer or order;

• May exclude specified products; and

• Must be applied before checkout is completed.

We may withdraw or correct a promotion before an order is accepted where the promotion contains an obvious error or has been used fraudulently or contrary to its stated conditions.

Your rights under the Australian Consumer Law continue to apply to discounted and promotional products.

8. Shipping and Delivery

Available delivery methods, estimated delivery timeframes and any delivery charges will be displayed on our website or during checkout.

Delivery timeframes are estimates unless we expressly agree to a guaranteed delivery date.

We will take reasonable steps to dispatch and deliver orders within the stated or otherwise reasonable timeframe.

Delivery may be affected by circumstances outside our reasonable control, including carrier delays, natural disasters, severe weather, industrial action, transport disruption or government action.

Where a significant delay occurs, we will provide an appropriate solution as required by the Australian Consumer Law. Depending on the circumstances, this may include providing an updated delivery estimate, cancelling the affected order or issuing a refund.

We are not responsible for a delay to the extent that it was caused by incorrect or incomplete information supplied by you.

9. Delivery Addresses and Authority to Leave

You are responsible for providing a complete and accurate delivery address.

Where you give authority for a parcel to be left unattended, or select a delivery method that permits this, the carrier may leave the parcel in a location it considers reasonably safe.

Risk in the products passes to you when the products are delivered to:

• The delivery address provided with your order;

• A person authorised to receive the parcel;

• A location nominated under an authority-to-leave instruction; or

• A collection point nominated by you or the carrier.

Nothing in this section limits our obligations where a parcel has not been delivered as agreed or where the delivery arrangements do not comply with the Australian Consumer Law.

Additional costs caused by an incorrect address, failed delivery or failure to collect a parcel may be charged to you where those costs are reasonable and were caused by information or conduct within your control.

10. Title to Products

Ownership of a product passes to you once we have received full payment and the product has been delivered.

11. Returns, Refunds and Consumer Guarantees

Returns, refunds and remedies are governed by our Returns & Refunds Policy and the Australian Consumer Law.

Our products come with consumer guarantees that cannot be excluded under the Australian Consumer Law.

Depending on the circumstances, you may be entitled to a repair, replacement, refund, cancellation or compensation where a product does not comply with an applicable consumer guarantee.

Your consumer guarantee rights:

• Apply automatically;

• Are separate from any voluntary warranty or change-of-mind policy; and

• Are not limited to 30 days.

Nothing in these Terms or our Returns & Refunds Policy excludes, restricts or modifies those rights.

12. Change-of-Mind Returns

We may offer change-of-mind returns in accordance with our Returns & Refunds Policy.

A change-of-mind return is a voluntary benefit offered in addition to your rights under the Australian Consumer Law. Conditions applying specifically to change-of-mind returns do not apply where a product is faulty, unsafe, significantly different from its description or otherwise fails to comply with a consumer guarantee.

13. Product Use and Safety

Products must be used only for their intended purpose and in accordance with any safety instructions, warnings or age recommendations supplied with the product.

Some products may contain small parts and may not be suitable for children under three years of age or for other age groups identified in the product description or packaging.

Where appropriate:

• Adult supervision is required;

• Products should be regularly inspected for damage;

• Damaged products should be removed from use; and

• Packaging should be removed before a product is given to a child.

Product age recommendations and safety warnings must be followed.

To the extent permitted by law, we are not responsible for loss or injury caused by deliberate misuse, use contrary to clear safety instructions, unauthorised alteration or other conduct outside the product’s reasonably foreseeable use.

This does not limit our responsibility for unsafe or defective products or any other liability that cannot lawfully be excluded.

14. Intellectual Property

Unless otherwise stated, the website and its content—including text, logos, graphics, photographs, videos, product descriptions, page designs and software—are owned by or licensed to us and are protected by applicable intellectual-property laws.

You may access and use the website for personal, non-commercial shopping purposes.

You must not reproduce, distribute, modify, sell, republish or commercially exploit our website content without our prior written permission, except where permitted by law.

Third-party trademarks and intellectual property remain the property of their respective owners.

15. Customer Reviews and Submitted Content

Where you submit a review, photograph, comment or other content to us, you confirm that:

• You created the content or have permission to submit it;

• The content is accurate to the best of your knowledge;

• It does not infringe another person’s rights;

• It is not unlawful, defamatory, threatening or misleading; and

• It does not contain malicious code or confidential information belonging to another person.

You retain ownership of your content.

You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display submitted content for operating and promoting our business, subject to applicable privacy and consumer laws.

We may moderate or remove submitted content where reasonably necessary, including where it is unlawful, irrelevant, abusive, fraudulent or infringes another person’s rights. We will not suppress genuine reviews merely because they are negative.

16. Third-Party Services and Links

Our website may use or link to services operated by third parties, including payment providers, delivery carriers, social-media platforms and website applications.

We do not control third-party websites and are not responsible for their independent content, availability or privacy practices.

A link to a third-party website does not necessarily mean that we endorse that website or its products.

Nothing in this section excludes responsibility that we have under applicable law for third parties engaged by us to fulfil our obligations to you.

17. Website Availability

We aim to keep our website available and accurate but do not guarantee that access will always be uninterrupted or error-free.

We may temporarily suspend or modify the website for maintenance, security, operational or legal reasons.

To the extent permitted by law, we are not liable for loss caused solely by temporary website unavailability where we have taken reasonable care and the loss was not reasonably foreseeable.

18. Liability

Nothing in these Terms excludes, restricts or modifies:

• The consumer guarantees under the Australian Consumer Law;

• Liability for fraud, wilful misconduct or personal injury caused by negligence;

• Liability that cannot lawfully be excluded, restricted or modified; or

• Any right or remedy that cannot lawfully be excluded.

Subject to the paragraph above and to the extent permitted by law, we are not liable for indirect or consequential loss that was not reasonably foreseeable at the time the relevant contract was formed.

Where the Australian Consumer Law permits us to limit our liability for a failure to comply with a consumer guarantee, our liability may be limited to the remedies permitted by that law.

You may also be entitled to compensation for reasonably foreseeable loss or damage caused by a failure to comply with a consumer guarantee.

19. Indemnity

You are responsible for loss we reasonably incur as a direct result of your unlawful use of the website, infringement of another person’s rights, fraudulent conduct or deliberate breach of these Terms.

This responsibility does not apply to the extent that the loss was caused or contributed to by us, our contractors or a matter outside your reasonable control.

Nothing in this section requires you to compensate us for losses that are indirect, unreasonable or not reasonably foreseeable.

20. Privacy

Our handling of personal information is described in our Privacy Policy.

Where the Privacy Act 1988 (Cth) and Australian Privacy Principles apply to us, we will handle personal information in accordance with those requirements.

By using the website, you acknowledge that personal information may be processed by service providers involved in operating our website, processing payments, communicating with customers and delivering orders, as described in our Privacy Policy.

21. Electronic Communications

By providing your contact details, you consent to receiving communications that are reasonably necessary to administer your order, including order confirmations, delivery updates, customer-service messages and safety or recall notices.

Marketing communications will only be sent in accordance with applicable law. You may unsubscribe from marketing communications using the unsubscribe method provided, although you may continue to receive transactional communications relating to an order.

22. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, website, products or legal obligations.

Updated Terms will be published on our website with a revised effective date.

Changes will apply to website use and orders placed after the updated Terms take effect. The Terms applying to an order already accepted will not be materially changed without your agreement unless the change is required by law.

23. Severability

If any part of these Terms is found to be invalid, unlawful or unenforceable, that part will be read down to the minimum extent necessary or removed where it cannot be read down.

The remaining Terms will continue to apply.

24. No Waiver

If we do not immediately enforce a right under these Terms, this does not mean that we have waived that right.

25. Governing Law

These Terms are governed by the laws of Victoria, Australia.

You and we submit to the courts and tribunals that have jurisdiction under those laws.

Nothing in this section restricts any right you may have to bring a claim in another Australian jurisdiction under applicable consumer-protection legislation.

26. Contact Information

Questions about these Terms of Service may be submitted through our contact page.