Terms & Conditions

THE DINDI STORE – Purchaser Terms and Conditions

Date of last revision: 29 May 2020

The Dindi Store is a digital marketing platform made available through The Dindi Store website at  www.thedindistore.com.au (the Site) operated by Murrindindi Shire Council (Council, we, us, our).

These terms and conditions (Terms of Use) are deemed to incorporate this Site's privacy policy which explains how we collect, use and disclose information that pertains to your privacy (Privacy Policy) https://thedindistore.com.au/pages/privacy-cookies and should be read together with these Terms of Use.  

Please read the following terms and conditions carefully before using the Site.

By browsing, accessing or using the Site, you acknowledge and agree that you have read, understood and agree to be bound by these Terms of Use. These Terms of Use form a legally binding agreement between Council and you.  If you do not agree to these Terms of Use, you must immediately exit and not access or use this Site.

  1. The Site and Products

The Site operates as a marketplace platform that allows independent, third party sellers (Sellers) to list and sell their goods, services and gift vouchers (Products) on the Site.

If a Product on the Site is being sold by a Seller, the page of the Site setting out details of that Product (Product Page) will show the relevant Seller’s details. Any specific terms of sale specific to the Seller’s Product (such as delivery fees and timetables) are accessible by clicking the link to the Seller’s Product.

The Site markets the Products of Sellers who have agreed to use the Site to market and sell their merchandise.    

Council is not a party to the transaction that occurs between you and Sellers.  As a result, Council does not control aspects of the transaction including the listing content and accuracy or the quality, shipping and delivery of the Products.

  1. Orders

You acknowledge and agree that when you place an order to purchase a Product that is listed by a Seller via the Site (Order), you are making a binding offer to buy that Product directly from the relevant Seller. You must ensure that you review the specific terms and conditions provided by each Seller prior to placing an Order. Your offer at this stage is still subject to the Seller’s acceptance.  No order shall be deemed accepted by the Seller until you are issued you with an email confirmation of your Order.

If you receive an email order confirmation from the Seller, stating that the Order has been accepted, a contract is formed between you and the Seller.

The Seller may do any of the following:

  • refuse to accept the Order;
  • only accept to sell some, but not all, the Products ordered;
  • refuse to sell the Products to a particular location;
  • limit or cancel quantities purchased per person, per household or per order; or
  • cancel or amend an Order,

due to a Force Majeure Event, a price or description error the Product ordered is discontinued or no longer available or the credit card used by the buyer does not give authorisation for the payment of the purchase price insufficient stock or because you cannot meet a delivery deadline (or for any other reasonable reason).

Where you purchase Products from more than one Seller, you offer to enter into a separate contract with each Seller under these terms in respect of the Products supplied by that Seller. Each Seller is independently responsible for dispatching Products to you under these terms.

  1. Payment

You agree to pay the purchase price specified on the Site at the time that you place your Order for the purchase of a Product, and any applicable shipping charges based on the shipping options selected by you in accordance with one of the payment methods offered on the Site.

Your payment will be processed upon receipt of your Order. All amounts are stated in Australian dollars and are subject to Australian GST (where applicable). Shipping charges will be separately shown. Each Seller is independently responsible for setting the price of their Products and any delivery or other applicable charges.

The credit cards that are accepted from time to time will be described on the Site. A surcharge may apply for the use of certain credit cards, and where this is the case this will also be described on the Site.

You must apply any applicable discount codes at checkout. There is a limit of one discount code per transaction. Returned items that were purchased with a discount will be refunded at the discounted amount paid.

  1. Cancellation of orders

The Seller may cancel an Order (in full or in part) where: (a) the Seller suspects that you are acting fraudulently (such as using a credit card without proper authorisation); (b) in breach of these terms, including your payment obligations; or (c) the Seller reasonably suspects that you are purchasing goods for the purposes of resale or resupply.

While the Seller endeavours to avoid pricing and other errors, inadvertent errors do occur from time to time and the Seller may also cancel an Order that it has accepted in such circumstances.

You may also cancel an Order if the Seller is in breach of these terms.

The Seller will refund any amount already paid in respect of any cancelled Order directly to you.   In the case of part cancellation of an Order, a refund will be provided on the amount paid that relates to the cancelled portion of the Order.

  1. Delivery

Where the Product is being delivered, delivery options are listed in the checkout summary. The applicable Seller for each Product is solely responsible for delivering the Product to you.

As Orders are shipped from different individual Sellers, you pay a separate delivery charge for each item you order, even if you order a number of items from the same Seller at the same time. Available delivery options, terms and charges for each Product will be shown on the relevant Seller’s Product Page.

Any delivery times displayed on the Site are estimates only, based on the information provided to the Seller by its shipping company.

Unforeseen supply problems or unexpected demand may occasionally result in a Product being unavailable. If there is a delay in shipping your Order, the Seller’s Customer Service team will contact you as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when the Seller ships the Product to you. Sellers are unable to accept liability for delay in delivering goods which is beyond their reasonable control.

The Seller will deliver the Product to the place of delivery you specify when making your Order.

You must ensure there is clear and safe access for delivery. Please ensure there is a person present at the delivery premises who is authorised by you to accept delivery. If there is not, the Seller will endeavour to deliver the Product if safe and appropriate to do so. If the delivery contractor arrives at the agreed time but is unable to deliver the Product or considers that it is unsafe or inappropriate to do so, you may be required to pay for re-delivery later, or the Seller may cancel your order and provide you with a refund.

Title to and risk in the Product will pass to you upon delivery of the Product to this place of delivery.

PLEASE NOTE: Due to the increase in online volume of orders during the COVID-19 pandemic, suppliers are experiencing a slight delay in dispatching orders.

  1. Returns Policy

Purchasers are able to return or exchange Products purchased through the Site. This returns policy is in addition to your rights under the Australian Consumer Law.

To lodge a return, please contact the Seller from you have purchased the Product from directly.  Some Products may not be returnable unless a warranty or guarantee is breached.

To return any Product purchased through the Site to a Seller via post, please ensure you use a trackable or signed-for delivery service such as registered post, as the Seller cannot credit your account until the Product has been received by the Seller. Council or the relevant Seller will not be held responsible for any damage or losses arising from the return shipment. For high value items, we recommend you to purchase shipment insurance, as an additional measure to cover the full value of the Products.

You can only exchange items from the same Seller to the same value of your original purchase.

The Seller will only accept, for return or exchange, items:

  • from the original purchaser or gift recipient with proof of purchase, a valid copy of the order confirmation or invoice;
  • that are in original condition, unworn, unused and free of damages;
  • that are returned with all tags still attached and in their original packaging e.g. hampers, jars, staples.

If these requirements are not met, the Seller reserves the right to deny a return.

Unfortunately we cannot offer a refund or exchange on perishable products, health goods or as specified by the Seller.

All items being returned must be dispatched/shipped within 10 days of the return being approved by the Seller.

If for any reason a Product you have ordered is not available or out of stock, a refund will be credited to the original payment method.

  1. Licence to use the content on the Site

  • You acknowledge that the Site, its applications, interface and its content is subject to copyright and other intellectual property rights which is owned by Council or its partners. (“Intellectual Property Rights”).
  • Council grants you a limited, revocable, non-transferable licence to access and use the Site solely for your personal, non-commercial purposes.
  • Council (or our partners) retains all right, title and interest in and to the Site and all its content, and nothing you do on or in relation to the Site or any of the content will transfer or grant any Intellectual Property Rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any Intellectual Property Rights unless this is expressly stated.
  • Except as provided in these Terms of Use, permission to reprint or electronically reproduce the Site, its applications, interface or any content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
  • Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this Site without notice.
  • If purchasing Products containing liquor, you must be over 18 and agree to all relevant legislations and acts for each respective Australian state and territory in respect of the specified premises that are the subject of each respective licence.
  1. General restrictions
  • You must not disclose to any other person any user name and password that is given to you to access the Site. Council will assume that any use of this Site made using that user name and password is you, and you will be responsible for any such use, except where you have notified us under paragraph (b).
  • You must notify us if you become aware of any improper use or disclosure of your user name and password, in which case we will allocate a new user name and password to you.
  • When using this Site, you must not:
  • provide us with inaccurate, incomplete false or misleading information;
  • violate any applicable laws, or use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • impersonate any person;
  • submit, post, upload, email or otherwise send or distribute to the Site, or any user of the Site, anything that contains software viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
  • engage in any other conduct that inhibits any other person from using or enjoying this Site;
  • reproduce any Site content without our express written permission, which we may grant or withhold at our absolute discretion;
  • infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
  • collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.
  • We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
  • You agree to indemnify, defend and hold harmless Council and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, providers, subcontractors, suppliers, interns and employees, harmless from and against all losses, expenses, damages and costs (including reasonable solicitor’s fees) or liability incurred or suffered by you or by us arising from any claim or demand, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  1. Information provided by Sellers

Much of the information on the Site is provided by our Sellers, including all of the information relating to the Products that may be purchased from those Sellers. While we believe that our Sellers are reliable sources of this information, we are not responsible for such information.

We are not responsible if any information made available on the Site is not accurate, complete or current. The material and information provided on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the information available on or through the Site is at your own risk, and you should verify all relevant representations, statements and information before you rely on that information.

We do not accept any liability to any person in reference to visiting any location listed or purchased through the Site (for example, any accommodation) and any visit to any location listed or purchased through the Site is at the individual’s own risk.  We do not accept any responsibility for the loss, damage to equipment or persons during such attendance or visit(s).

Due to photographic and screen limitations associated with the representation of Products, some actual goods may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. 

  1. Links to other websites

Certain content, products and experiences available via the Site may include information or third-party links to other websites. Third-party links on this Site are provided for convenience only may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of linked websites. You should review the terms and conditions and privacy policy of every internet website you access or use.

Links on the Site to third party websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics (including trade marks), materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

We do not warrant and are not liable or responsible for any third-party materials or linked websites, or for any other materials, products, experiences or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, experiences, services, resources, content, or any other transactions made in connection with any third-party websites.

  1. Privacy

Council collects your personal information to allow us to facilitate purchases from Sellers. Sellers also collect your personal information when you make a purchase from them.

By placing an order through this Site, you consent to Council collecting your personal information (including your name, contact details and delivery address) and providing it to third parties (including the relevant Seller and the Seller's suppliers and delivery contractors) for the purpose of fulfilling and delivering your Order.

Any personal information provided via the Site is governed by Council’s privacy policy. https://thedindistore.com.au/pages/privacy-cookies If you have any questions in relation to the handling, use or disclosure of your personal information, you may contact us at msc@murrindindi.vic.gov.au.

  1. Warranties and liability
  • All Products come with guarantees that cannot be excluded under the Australian Consumer Law.
  • You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure
  • Products may contain warranty documents on or inside the packaging provided by the manufacturer or distributor of the product. Unless clearly expressed otherwise, any such warranty is not given by Council. All other express or implied warranties, representations, statements, terms and conditions relating to these Terms of Use or a Product that are not contained in these Terms of Use, are excluded to the maximum extent permitted by law.
  • Nothing in these Terms of Use is intended to exclude, restrict or modify any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (which may include the Australian Consumer Law, which (as described above) contains guarantees which operate to protect the purchasers of goods and services in various circumstances).
  • To the maximum extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of the Site. If any guarantee term, condition or warranty is implied or imposed in relation into these Terms of Use (a Non-Excludable Provision) and the Seller is able to limit your remedy for a breach of such a Non-Excludable Provision, then the Seller’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at the Seller’s option:
  • in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
  • in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
  • Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the maximum aggregate liability of the Seller and Council for all claims under or relating to these Terms of Use or a Product, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:
  • AUD$100; and
  • the amount paid by you to the Seller for a Product.

In calculating the Seller’s aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by the Seller under any Non-Excludable Provision.

  • Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, Council and the Seller are not liable to you or anyone else for, and no measure of damages will, under any circumstances, include:
  • special, indirect, consequential, incidental or punitive damages; or
  • damages for loss of profits, revenue, goodwill or anticipated savings, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage,

however caused and which is suffered directly or indirectly in connection with use of this Site or Products provided to you.

  • The Seller’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
  1. Variation of the Site

We may from time to time and without notice vary or update these Terms at our sole discretion by posting the changes on the Site.  The then current version of the Terms of Use will apply each time you use our Site.  Your continued use of this Site after any such change constitutes an acceptance of any new Terms of Use.  We will endeavour to keep you updated on any change to these Terms of Use, however you are responsible for keeping up to date of any changes by regularly reviewing these Terms of Use.  If you object to any changes, your only remedy is to discontinue your use of the Site.

Prices for Products made available through the Site are subject to change without notice. We may also from time to time and without notice modify or discontinue, temporarily or permanently, any or all of the Site (or any part or content thereof including the Sellers that may be included from time to time on the Site). We are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.

  1. Force majeure
  • An event of force majeure (Force Majeure Event) is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent provided that event or circumstance is limited to:
  • any supply issues in relation to materials procurement or the availability of other resources, such as subcontractors;
  • riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
  • earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity;
  • global health emergency, pandemic or epidemic, which involves the forced closure, restriction and/or suspension of programs and services of the party affected; and
  • strikes or industrial disputes at a national level, or strikes or industrial disputes by labour not employed by the affected party, its subcontractors or its suppliers, and which affect an essential portion of the works, but excluding any industrial dispute which is specific to the performance of these Terms.
  • Neither party is responsible for any failure to perform its obligations under the Terms if it is prevented from, or delayed in, performing those obligations by a f Force Majeure Event.
  • Where there is a Force Majeure Event, the party prevented from, or delayed in, performing its obligations under the Terms must immediately notify the other party giving full particulars of the Force Majeure Event and the reasons for the event preventing that party from, or delaying that party in, performing its obligations under the Terms and that party must use its reasonable efforts to mitigate the effect of the event upon its performance of the Terms and to fulfil its obligations under the Terms.
  1. General
  • Neither party will be liable for any delay in performing any of its obligations under these Terms of Use if such delay is caused by circumstances beyond the reasonable control of that party.
  • These Terms of Use are governed by the laws of Victoria, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia.
  • These Terms of Use, together with any additional terms and conditions set out on this Site from time to time, constitute the entire agreement and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written between the Seller and you in relation to the Products and between Council and you in relation to your use of the Site.
  • Your purchase of the Products is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any purchase, including by sending electronic notices.  The will be your consent to receive electronic communications in respect of your Orders made on the Site.
  • If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  • We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  • You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website.
  • You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
  • The term “including” when used in these seller terms is not a term of limitation.
  • In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
  • The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
  • Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
  1. Contact us

If you have any questions about our Terms of Use or any queries or concerns about this Site or the Site content, please contact us at store@murrindindi.vic.gov.au.