Terms

Please read the following Terms and Conditions carefully before placing your Order with DearJane. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability. In addition to these Terms and Conditions, other important conditions may be applicable to your Order.

4-7 Business days for Australian wide including most country areas. 7-10 Business days for WA country, far North QLD and most of NT outside the Alice Springs and Darwin. Please also allow 1-2 days for dispatch.

Please note we are unable to deliver to PO Box addresses.

The following apply to these Terms and Conditions.

Big & Bulky Goods are large goods where extra handling and additional resources are required to facilitate delivery (i.e. a two man truck). Additional Delivery Fees and requirements may apply. To check whether or not Goods you are ordering are affected, please look at product description when placing your Order.

Business Days means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia.

Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website, excluding Post Office Boxes.

Delivery Agent means any nominated third party delivery or shipping company for DearJane.

Delivery Fee means the fees charged by the Delivery Agent of DearJane for the delivery of Goods.

Goods means the items offered for sale, described or displayed on the Website.

GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Order means a request by you to purchase Goods from DearJane in accordance with these Terms and Conditions.

Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).

Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).

Special Delivery means goods that require special delivery such as big and bulky items such as furniture.

Terms and Conditions means these terms and conditions, as amended from time to time.

Website means https://dearjane.com.au

Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.

We or Us or Our or DearJane or DearJane means DearJane Pty Ltd

You or Your means you as the purchaser of Goods from DearJane pursuant to these Terms and Conditions.

You agree to be bound by these Terms and Conditions when you submit an Order.

Each Order you place will be a separate and binding agreement between you and DearJane with respect to the supply of Goods, in accordance with these Terms and Conditions

Product descriptions DearJane.com.au and its affiliates attempt to be as accurate as possible. However, DearJane.com.au does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by DearJane.com.au itself is not as described, your sole remedy is to return it in unused condition.

Typographical errors In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, DearJane.com.au shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Sigma shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

Electronic communications When you visit DearJane.com.au or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may place an Order through the Website by submitting the electronic Order form on the Website.

An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee and for the avoidance of doubt, GST) as specified at the time you submit your Order.

In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfill your Order. DearJane will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfill or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.

You also agree to obtain consent to provide DearJane any personal details for nominated recipients of gifts.

You may Order from DearJane if you are aged 16 years or over, have an active email account and a telephone number at which you can be easily contacted.

Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be However, we will allow you to return Goods in accordance with the Returns Policy. You must check your Order carefully prior to submitting your Order with us.

Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order.

You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre in regards to your Order.

DearJane reserves the right to accept or reject your Order for any reason at any time.

When we accept an Order, it represents an agreement by DearJane to supply you the Goods in accordance with the Order and these Terms and Conditions.

In the event that we reject an Order, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. DearJane will not be liable to you for your loss or that of any third party for the rejection of an Order.

Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. DearJane is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.

If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order.

These Terms of Use govern your use of the Ratings and Review service.

Please read these Terms of Use carefully before using the Service. These Terms of Use contain important information about your responsibilities and liability when submitting information through the Service. In addition to these Terms and Conditions, other important conditions may be applicable to your use of the Service, such as DearJane’s Privacy Policy.

You agree to be bound by these Terms of Use each time you submit content (including reviewing, rating and commenting on products) through the DearJane.com.au website (Website) by using the Service.

You acknowledge and agree that:

(a) you shall not submit any content that is known by you to be false, inaccurate or misleading;

(b) you shall not submit any content that infringes any third party’s intellectual property rights (including copyright, trade marks, patents, designs, and any other rights, whether registered or not);

(c) you shall not submit any content that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or privacy);

(d) you shall not submit any content that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

(e) you shall not submit any content for which you were compensated or granted any consideration by any third party;

(f) you shall not submit any content that includes any information that references other websites, addresses, email addresses, personal information or phone numbers; you shall not submit any content that contains any computer viruses, worms or other potentially damaging computer programs or files; and you unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of your moral rights in the content you submit (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given;

By submitting any content to DearJane, you represent and warrant that:

(a) You are the sole author and owner of the intellectual property rights in the content, and the content is your original and independent creation;

(b) All content that you submit (including personal information)  is true, accurate, complete and up to date, and in the case of personal information, is your own personal information (or if that of another person, you have obtained that person’s consent);

(c) You are at least 16 years old;

(d) Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and

(e) Use of the content you supply will not breach any law, or infringe any third party’s rights (including intellectual property rights).

You acknowledge that you, not DearJane, are responsible for the contents of your submission.

For any content that you submit, you assign to DearJane all rights, title and interest in and to the content in relation to all media (including, but not limited to the internet), and whether in existence now or created in the future.  For the avoidance of doubt, DearJane may use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you,

All content that you submit may be used at DearJane’s sole and absolute discretion.  However, your submission of content through the Service does not constitute a representation that DearJane will use the content.

You consent to DearJane having the right to change, condense, delete any content for the purposes of publication, including because DearJane deems the content to violate the content guidelines or any other provision of these Terms of Use. DearJane accepts no responsibility or liability where your comments are downloaded from the Website by any persons, and for any matters arising after such download.

You will not have any recourse through DearJane to edit, remove or delete any content (or part thereof) you have submitted, Therefore, you should carefully check that the content of your submission is accurate before you submit it to us.

Where DearJane determines that it will use your submissions, ratings and written comments on the Website, DearJane will post such content within approximately two to four business days (although from time to time, this may take longer) . However, DearJane reserves the right to remove or to refuse to post any submission for any reason.

You acknowledge and agree that the information submitted is not confidential (to you or any other third party), and is not subject to any obligation of confidence on the part of DearJane, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

If you provide personal Information (such as your name and email address) when using the Service, DearJane will use that information for the purpose of managing your review in accordance with DearJane’s Privacy Policy. For further information regarding DearJane’s Privacy Policy including how to access or update any records of Personal Information, please click here.

You agree to indemnify and hold DearJane (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers harmless from all claim, loss (including, but not limited to, any indirect, consequential or economic loss), liability, damage, action, proceeding, judgment, cost and expense that is, or may be, incurred or sustained by the Indemnified caused by or arising out your breach of these Terms of Use or your violation of any law or the rights of a third party.

To the fullest extent permitted by law, DearJane will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms od Use.

DearJane excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms of Use.

Our liability to you for loss or damage of any kind arising out of these Terms of Use will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

DearJane reserves the right at all times to make changes to these Terms of Use. Any variations to these Terms of Use will take effect from posting on the Website. The Terms of Use, which apply at the time of submitting your content, are those that govern your relationship with DearJane with respect to the Services.

Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms of Use nor affect the validity or enforceability of that provision in any other jurisdiction.

A failure or delay by DearJane to exercise a power or right under these Terms of Use does not constitute as a waiver of that power or right, and the exercise of a power or right by DearJane does not preclude its future exercise or the exercise of any power or right.

The laws of NSW, Australia govern this agreement.

You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, DearJane will use reasonable endeavours to either source the Goods, or contact you within five (5) Business Days to either arrange a full or partial refund, or change your Order to replace the Good with a comparable product in a similar price range (where available) as agreed with you, or come to an alternative arrangement. Where a comparable product or alternative arrangement cannot be agreed upon, then we will refund you the Price paid for the Goods. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. DearJane is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Subject to clause 5.3, DearJane will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.

Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Goods has already been processed, we will use reasonable endeavours to refund any money paid to us in respect of that Good within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. DearJane is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

You acknowledge and agree that:

(a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
(b) you have read any corresponding written description of the Goods prior to submitting your Order;
(c) the colour of Goods as shown on the Website may vary slightly in shade in real life;
(d) where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access); and
(e) any accessory featured with the Goods is for illustration purposes only, and may be sold separately.

The Price in respect of a Good is specified on the Website.

Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). GST does not apply to the purchase of Gift Cards. Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.

DearJane reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.

In respect of any Order, we will charge you and you agree to pay:

(a) the Price (which is the Price at the time the Order is submitted); and
(b) the Delivery Fee.

You can pay for your Goods by any of the methods specified on the electronic Order form on the Website, which includes but are not limited to credit card, PayPal. When paying by credit card, you authorise DearJane to debit your nominated card at the time you submit your Order. The name on the credit card or DearJane Card used for the payment must match the name on the Order.

Lay-by is not available for purchases made on the Website.

You acknowledge and agree that any payment in respect of an Order must be cleared by DearJane before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.

In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

You will receive a tax Invoice by email once payment in respect of your Order has been processed.

Where an Order is split you may see two separate transactions on your payment statement. You may also be charged additional Delivery Fees.

DearJane uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.

Delivery Areas

In relation to Big and Bulky Goods, delivery may be limited to metropolitan regions within Adelaide, Brisbane, Melbourne, Perth and Sydney.

Delivery Fees

There may be an increase in the Delivery Fee payable by you in relation to an Order if:
(a) your Order is split and requires multiple deliveries due to:
(i) the quantity or size of the Goods in your Order being large such that DearJane will be required to package Goods separately; or
(ii) your Order attracting a Standard and Special Delivery Fee; or
(b) delivery of your Order otherwise incurs additional charges.

We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order. We will refund any money paid to us in respect of your Order and make reasonable endeavours to process a refund of any money paid to us within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. DearJane is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

Delivery Time Frames

DearJane aims to achieve the delivery time frames set out below.

(a) all Standard Fee and Special Delivery Fee Goods (excluding Big and Bulky Goods):
(i) Australia wide (including capital cities and suburbs, and most regional areas: 4-7 Business Days; and
(ii) Regional Western Australia, Queensland and Northern Territory: 7-10 Business Days;
(b) Big & Bulky Goods – 7-14 Business Days, on a date agreed by you and DearJane.

We cannot guarantee that Orders that are split will be delivered on the same day.

From time to time, DearJane may not be able to achieve the delivery time frames you acknowledge and agree that notwithstanding anything else in this clause:

(a) DearJane cannot guarantee that delivery will occur in the delivery time frames specified;
(b) delivery time frames may change from time to time due to unforeseen circumstances; and
(c) DearJane is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.

During major sales events orders may experince delivery delays. DearJane will contact you if there will be significant delivery delay.

General terms for delivery

Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.

If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age and capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative’s instructions as if they were your own.

On delivery, the Delivery Agent may require you or your nominated representative to provide them with proof of identity, such as photo identification or proof of age (for example, for deliveries involving Goods such as knives). DearJane may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age. Where delivery cannot take place due to insufficient identification, a calling card will be left for you to collect the Goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.

You or your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If you refuse to sign the delivery document, 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 any associated fees for redelivery.

If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect the Goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.

Where you do not collect your Goods (excluding Big and Bulky Goods) from the Australia Post office within 10 days of a failed delivery and Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.

You agree to give us as much detail as possible about particular features of the Delivery Address to ensure delivery can take place, this includes, without limitation:

(a) Restricted access or parking for our truck;
(b) Restricted or limited access to the premises; or
(c) If you have narrow doors, spiral staircase or tight corners.

Where redelivery is required because access issues or limitations for making delivery, you may be required to pay any associated fees for redelivery.

Upon delivery, you must inspect and test your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact us as soon as. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy.

Any returns will attract a redelivery fee,

Orders cannot be delivered to a DearJane store for pickup.

Insurance and express delivery is not available in respect of your Order.

Big and Bulky Delivery Terms

In relation to Big and Bulky Goods, you acknowledge that you will be available to accept delivery at this address on the delivery date as agreed between you and DearJane’s Delivery Agent. If you are not available and redelivery is required, a calling card will be left for you to arrange redelivery. Where redelivery is required due to the fact you were not available at the agreed time, you consent to paying any associated fees for redelivery as required by the Delivery Agent.

Some Big and Bulky Goods may require assembly. The delivery representatives are not required to unpack, assemble or construct items as part of the delivery service. Assembly of the Good is at your expense.