Terms & Conditions

Dementia Shop Australia Terms & Conditions

Before using this website please read carefully the following Terms & Conditions. All users of this site must agree that access and use of the site is subject to the following Terms & Conditions as well as to other applicable laws governing internet sites and usage.  If  these Terms & Conditions are not agreed to, please DO NOT use this site.

Use of the Website—By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website.

Copyright – All content included in this site, including but not limited to text, graphics or code is copyrighted as an entire work under copyright laws, and all content remains the property of Shifting Paradigms Pty Ltd trading as Dementia Shop Australia. Permission is granted however to electronically copy and print hard copy portions of the site for the sole purpose of placing an order with Dementia Shop Australia. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of any part of this site is strictly prohibited, unless authorized by Shifting Paradigms Pty Ltd.

Trademarks—The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.

External links—External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

Warranties—The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website. Shifting Paradigms Pty Ltd does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Shifting Paradigms Pty Ltd does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.

Disclaimer of liability—All products and activities sold on this website are to be used under appropriate supervision.  Dementia Shop Australia takes no responsibility for misuse or any damages as a result of inadequate supervision.

The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system.

Shifting Paradigms Pty Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, in particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

Conflict of terms—If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Website Typographical Errors– In the event that a product is mistakenly listed at an incorrect price Shifting Paradigms trading as the Dementia Shop Australia reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Shifting Paradigms trading as the Dementia Shop  reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Dementia Shop Australia shall issue a credit to your credit card account in the amount of the incorrect price.

Severability—Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Applicable laws – Use of this website shall in all respects be governed by the laws of Australia  regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Australian courts shall have exclusive jurisdiction over all controversies arising under this agreement.

Inappropriate Site use –Strictly forbidden on this site is harassment of any form or manner including via email, chat, or by use of obscene or abusive language.  Impersonation of others is prohibited and it is not permissible upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Indemnification  – You agree to indemnify, defend, and hold harmless Shifting paradigms Pty Ltd, trading as Dementia Shop Australia, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Specifications of Products and Content – All features, content, specifications, products and prices of products and services described on www.dementiashop.com.au are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. It is your responsibility to obey all applicable laws, including minimum age requirements, in regard to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, home use, where no admission fee is charged, non-public performance and may not be duplicated.

Postage  Limitations- When an order is placed, it will be posted  to an address designated by the purchaser. All purchases from this web site are made pursuant to a postage contract. As a result, risk of loss and title for items purchased from this web site pass to you upon delivery of the items. You are responsible for filing any claims with carriers for damaged and/or lost goods.

Privacy of Information – Personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by website visitors is collected. We require this information for internal record keeping, to improve our products and services and to periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. Your personally identifiable information is kept secure. Only authorized employees have access to this information.

Return of Goods Refunds will only be made if the goods received do not represent the description on the website or if they are faulty or damaged.  We do not refund for change of mind.  Items will also not be exchanged unless they are defective or damaged.  Items will not be exchanged due to change of mind.  Refunds will only be processed for items purchased exclusively from Dementia Shop Australia. Original shipping and handling fees are non-refundable.  Goods must not be returned without prior contact via sales@dementiashop.com.au.  Including the original sales receipt post the goods to be returned to Dementia Shop Australia, PO Box 3053, West Hobart Tas 7000.

Quotes – With a fluctuating Australian dollar and increasing freight costs  imported goods may increase in cost at any time. Quotes are only valid for 7 days from date of issue.