Conditions of Use
‘Dotmagnus’ means Icon Textiles t/a Dotmagnus (ABN 11 473 994 189)
‘Conditions’ means these terms and conditions
‘Site’ means the website of Dotmagnus
Website usage terms and conditions
1.1 You are provided with access to this Site in accordance with these Conditions and any orders placed must strictly be placed in accordance with these Conditions
1.1.1 We are Dotmagnus and we own and operate this Site
1.1.2 Your use of the Site is subject to these Conditions. By using the Site, you will be deemed to have accepted and agreed to be bound by these Conditions.
1.2 We provide the Site on an ‘as is’ basis and make no representations as to the quality completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law we exclude:
1.2.1 All conditions, warranties and other terms that might otherwise be implied by law into these Conditions
1.2.2 Any and all liability to you, whether arising out of these Conditions or otherwise in connection with use of the Site.
Nothing in these Conditions is intended to exclude or limit any liability that may not by law be excluded or limited, in particular none of the clauses are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.
2. Our rights
We reserve the right to:
2.1 Modify or withdraw, temporarily or permanently, this Site (or any part thereof) with or without notice to you.
2.2 Restrict your access to the Site or part of it. If we grant you access to a restricted part of the Site we may withdraw permission at any time.
2.3 Make changes to our Conditions from time to time. We will notify you of these changes of use by posting the revised versions of these Conditions on the Site. You can determine when we last changed these Conditions by the ‘Last updated’ statement above.
2.4 Protect our Intellectual Property rights in the Site, including all of the text, pictures, videos and other content made available on the Site. You acknowledge and agree that:
2.4.1 All Copy Right, Trademarks and all other Intellectual Property rights which form part of the website shall remain at all times our property.
2.4.2 All material contained on this website is only available for your personal use, excluding commercial use.
2.4.3 You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create any part of our website, including all intellectual property rights unless expressly preauthorised and permitted by us.
2.5 If you in any way, whatsoever, breach clause 2.4 we reserve the right to claim damages against you, for your breach of our intellectual property rights and demand that you stop using the content taken from our Site immediately.
2.5.1 In the first instance of a breach being found we will write to you asking you to cease and desist from using our intellectual property rights immediately, whilst also invoicing you £50 per image used plus legal fees of £75 plus VAT at the applicate rate.
2.52 Should you continue your unauthorised use of our intellectual property after receiving a written warning and invoice, we reserve the right to seek an injunction against you to prevent further infringement and claim further damages and legal costs on the indemnity basis.
Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes, unless our written permission is given. Your use of the Site is conditional upon the rules set out in these Conditions and you agree that you will not:
3.1 use the Site for any fraudulent or unlawful purpose;
3.2 use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others privacy rights or rights of publicity;
3.3. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;
3.4 interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available;
3.5 transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software of equipment;
3.6 remove any copyright, trade mark, or other propriety rights notices from the Site or materials originating from the Site;
3.7 frame or mirror any part of the Site without our express prior written consent;
3.8 reproduce the presentation of the Site.
4. Third party links
4.1 To provide suggestions or easier use we may provide links to other websites. You acknowledge and agree that we are not responsible for and do not endorse such external websites or resources. Your use of the third party websites is at your own risk.
5.1 Cookies are tiny text files that are stored on your computer when you visit a website. They help to make the Site run smoothly and allow us to provide the best service possible, here's a breakdown of the cookies that we use and how they benefit you:
Essential These cookies are essential for the use of the Site, they allow us to store the contents of your cart and process your orders among other things.
Functionality These provide you with a better service by remembering your cart, login details, viewed products and other things.
Third party performance These provide you with tailored product recommendations and Site search. Third party performances are by Locayta Limited, who performs our site searches.
Third party advertising/other These allow us to make the Site better for you by giving us anonymous usage information and power our advertising on other websites. This allows those websites to track when you have made a purchase and earn a commission.
6. How to order our products
6.1 Orders can be placed online or by email, firstname.lastname@example.org
6.2 Having placed an order online or via email, you will receive two emails providing you have an email address:
6.2.1 The first email is a confirmation email which you should receive immediately after your order is placed. If for any unusual reason there is a problem you will be contacted promptly and if your order cannot be met or if there is a delay in dispatch you will be notified. A confirm email does not guarantee that we can meet your order.
6.2.2 A second email is sent when funds have been collected to notify you that your order has been dispatched.
7.1 Prices are as displayed in Australian Dollars
7.2 We try to ensure that prices shown on our Site are accurate, but they will still need to be validated before your order is processed. If there is a price difference, we will contact you immediately and should you wish to cancel your order, we will refund any money.
7.3 Retail Prices displayed are inclusive of GST but exclude delivery charges where applicable. Please see the Delivery section below for details of our charges.
8.1 Payment when ordering online can be by credit and debit card or bank deposit
8.2 To ensure that shopping online is secure, your credit/debit details will be encrypted so as to minimise the risk of your details being read by an unauthorised individual as they are sent to us over the Internet
8.3 If payment for goods is made by bank transfer, goods will only be dispatched when the funds are cleared.
9.1 No contract will exist between Dotmagnus and the customer until goods are dispatched. Acceptance will be deemed complete and effectively communicated at this time.
9.2 A legally binding contract is created when the goods are dispatched.
9.3 Ownership will pass when the goods are dispatched
10. Cancellation by us
10.1 We reserve the right to cancel the contract between us if:
10.1.1 We have insufficient stock to deliver the goods you have ordered.
10.1.2 We do not deliver in your area.
10.1.3 One or more of the goods you ordered was listed as the incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
10.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for consequential loss or disappointment suffered.
Please see our delivery page for latest charges.
11.1 Our aim is to deliver all orders within the specified times once receipt of payment has been confirmed. All deliveries are subject to stock availability and security checks. Delivery will be made to the address provided.
11.2 Whist we will make every effort to deliver within the time stated on our website, we will not be liable for any loss caused to you by late delivery or for late deliveries as a result of Carrier actions which are beyond our control save as precluded by law. We will endeavour to deliver within 30 days of the contract being entered into. Please contact us at email@example.com as soon as possible if you do not receive your goods within a reasonable time. We will endeavour to get your goods to you as soon as possible or you may cancel your order. You will be refunded once the goods have been returned to us in good order or classified as lost by the Carrier Company.
11.3 We will attempt to deliver your order to the delivery address stated on your order form. If products are returned to us as undeliverable either because of an incorrect address or because of customer failure to contact the courier company or collect the goods from the depot where requested, we shall refund the price of the products less delivery costs incurred by us in sending out the goods plus any additional costs charged to us by the courier company for returning the goods to us. If we have to re-dispatch the order, if it has been returned to us, for reasons outside of our control there may be a charge.
11.4 If a customer requires a parcel to be redirected because a wrong address has been given, there will be a redirect charge.
11.5 If the products we deliver to you are damaged or we have sent you the incorrect goods or quantity, please contact us within seven (7) days of delivery at firstname.lastname@example.org We require you to notify us within seven (7) days to ensure a prompt response from us. Please do not sign for any packages that are damaged or opened. We cannot accept any liability for goods which are damaged or sent in error unless you notify us pursuant to these terms and conditions.
12. International delivery charges
12.1 Please see our delivery page for the latest charges.
12.2 All our deliveries are sent out using a signed for courier service. For security purposes, we do not deliver to P.O. Box numbers.
13. Vouchers and Promotional Discounts
13.1 Promotional discount codes may not be used in conjunction with other offers and sale items.
13.2 Promotional discounts are restricted to one use per customer unless otherwise stated.
14.1 If the goods we deliver to you are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we require you to notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question. We cannot accept any liability unless you notify us pursuant to these terms and conditions.
14.2 If you do not receive the goods ordered within the date specified on the website we require you to notify us at our contact address within 30 days of ordering the goods. We cannot accept liability unless you notify us pursuant to these terms and conditions.
14.3 If you notify a problem to us under clause 20.1 or 20.2 above, our only obligation will be, at your option:
14.3.1 To make good any shortage or non-delivery
14.3.2 To replace or repair any goods that are damaged or defective where it is proportionate and possible to do so; or
14.3.3 To provide a refund to you of the amount paid by you. All rights are reserved as to the manner or form of refund
14.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expense (including loss of profits business or goodwill) howsoever arising out of any problem you notify to us under this condition. Save as precluded by law we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods.
14.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our Site. The importation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
14.6 Nothing in these Conditions is intended to limit any rights you may have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude liability for any death or personal injury resulting from our negligence.
15. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstances beyond our reasonable control including without limitation, strikes, lock outs and other industrial action, breakdown of system or network access, flood, fire, explosion or accident.
If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part these conditions will not be affected.
17. Entire Agreement
18. Complaints/ Feedback/ Recommendations
Please feel free to give us any feedback, recommendations or comments about our services and website. We take this very seriously and aim to deal with any problems or difficulties in a timely fair and effective manner. Please email us on email@example.com or write to us at the postal address shown on our Contact Us page. We try to respond to any email enquiries within one working day.