Terms of Sale
Terms and conditions for goods sold by D1 Store Pty Ltd. from d1store.com.au and in-store.
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and D1 Store Pty Ltd (ABN 49 618 215 044) (“D1 Store”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from d1store.com.au and in-store at D1 Store. By placing an order for Goods from D1 Store you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
1. Definitions
In these Terms and Conditions:
“Account” means a personal account created by you on the D1 Store Website;
“Additional Delivery Charge” has the meaning given in ;
“Delivery Charge” has the meaning given in ;
“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;
“International Delivery Charges” has the meaning given in Section 3.5;
"D1 Store Website" means d1store.com.au;
“Order” means an order for Goods, placed on the D1 Store Website, via Pro-forma Invoice, Purchase Order or Direct Purchase;
“Password” means the password needed to access your Account;
“Pre-Orders” means an Order placed for a product (e.g. DJI Mini 3) prior to the official release date of that product;
“Selected Delivery Option” has the meaning given in Section 9; and
“Website” means d1store.com.au or other domains under d1store
2. Your Legal rights
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that D1 Store represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3. Pricing & Taxes
3.1 Prices for Goods are as shown on the Website.
3.2 D1 Store reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by D1 Store.
3.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
3.4 If D1 Store agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.
3.5 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
3.6 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
4. Your account for orders placed on D1 Website or In-Store
4.1 If you do not already have an Account you will need to create one before placing an Order on the D1 Store Website.
4.2 You may not set up an Account for someone else.
4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to D1 Store that all information provided by you in relation to your Account is complete, true and accurate
4.4 You must notify D1 Store immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), D1 Store will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify D1 store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.6 If D1 Store suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify D1 Store then you must pay D1 Store the amount of that loss, damage, cost or expense if D1 Store asks you to.
5. Orders
5.1 You can place an Order by following the instructions on the relevant Website (including via a discount link sent to you from D1 Store).
5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. D1 Store may accept or reject your offer in its absolute discretion. In particular, but without limitation, D1 Store may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact [email protected].
5.3 Each Order that you place will, if accepted by D1 Store, be a separate and binding agreement between you and D1 Store with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing D1 Store with their personal information and, by placing an Order, you confirm to D1 Store that you have done this.
5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to D1 Store that all information provided by you in relation to each Order is complete, true and accurate.
5.6 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by D1 Store. D1 Store will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.7 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), D1 Store will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by D1 Store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. D1 Store cannot consolidate separate Orders into one delivery.
5.9 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g a mixture of hardware and software); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.
5.10 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.
5.11 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
5.12 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
5.13 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), D1 Store will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.11 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. After you have submitted an order/payment
6.1 When you submit an Order you will receive an Order reference number via e-mail.
6.2 D1 Store will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by D1 Store when D1 Store does this, however, D1 Store may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that D1 Store cancels your Order having already processed payment, it will refund payment.
6.3 When D1 Store accepts an Order it represents an agreement by D1 Store to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
6.4 You must pay for Goods by credit card, certain prepaid payment cards, PayPal account, D1 Store Gift Card or any interest free plan available on the D1 Store Website. When you place an Order on the D1 Store Website, you may also pay for those Goods using one of the following other payment methods: Afterpay (subject to Afterpay’s Terms of Service) or ZipPay (subject to the Zip Pay Terms & Conditions), however you may not use these payment methods to pay for Gift Cards or any other third party gift cards/vouchers.
Please note that these other payment methods are not available when you place an Order on the Direct Website. If the name on the credit card/payment card/account does not match the name on the Order, D1 Store may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card or selecting one of the other available payment methods you authorise D1 Store to deduct the price and the applicable delivery charge(s) from such card or payment methods.
6.5 D1 Store reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.6 D1 Store may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution or other payment provider has declined payment; or (c) because your payment card has expired. Where this is the case, D1 Store reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
6.7 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
7. Cancellation or Orders
7.1 D1 Store reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. D1 Store may do this for example, but without limitation, where:
(a) D1 Store’s suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond D1 Store’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure of computer systems, means that D1 Store is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(d) in the circumstances set out in Sections 3.4
7.2 You may cancel your Order where D1 Store:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside D1 Store’s control including the situations set out in Sections 7.1(a) and (b) above.
7.3 Where D1 Store cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
7.4 In the event of D1 Store or you cancelling your Order after payment has been processed, D1 Store will refund any money paid in respect of that Order. Section 14 of these Terms and Conditions sets out further information about refunds.
7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, D1 Store will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. Availability of Goods & Refurbished Stock
8.1 As D1 Store is dependent upon its suppliers to provide stock, D1 Store cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. D1 Store reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), D1 Store will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.
9. Delivery
9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
9.2 Goods will generally only be delivered to addresses within Australia. D1 Store is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order. D1 Store may, in its absolute discretion, agree to accept Orders for software products for delivery outside Australia but is under no obligation to do so.
9.3 Where requested, D1 Store will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, D1 Store will call you to arrange an alternative delivery address.
9.4 Following dispatch of your Goods, D1 Store will email you with confirmation of dispatch and an invoice for your Order.
9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:
(a) take your Goods to our delivery service provider’s local depots;
(b) ask you if you are willing to give us “authority to leave” the Goods at a place that you believe is safe at, or outside, the delivery address;
(c) take your Goods to a D1 Store nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or
(d) re-deliver your Goods to your delivery address at a later date.
You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience. If you provide “authority to leave”, we will leave the Goods at the agreed place. Risk and title in Goods passes to you at this time and you will bear the risk of any loss or theft of the Goods. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, D1 Store will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of D1 Store leaving the Goods in accordance with any “authority to leave” given by you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, D1 Store will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.
9.7 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. D1 Store will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order.
9.8 D1 Store’s arrangements with its suppliers means that D1 Store is only permitted to dispatch online Pre-Orders no earlier than one day prior to the official release date of the Goods offered for Pre-Order. Goods ordered:
(a) up to 7 days prior to the official release date are (unless otherwise advised) guaranteed to be dispatched from our warehouse no later than one day prior to the official release date, and will be delivered to your designated delivery address within Australia in accordance with your Selected Delivery Option for those Goods. If you have chosen to pick up those Goods in-store (i.e. the Click & Collect option) you can pick up the Goods at your nominated collection store on the release date; or
(b) within 7 days prior to the official release date may only be dispatched on or after the official release date. If you have chosen to pick up those Goods in-store, the Goods may only be available to pick up at your nominated collection store after the release date.
10. Delay in availability, pre-order or delivery of goods
10.1 You agree and acknowledge that:
(a) D1 Store does not guarantee the dispatch or delivery or availability of Goods within the timeframe advertised, or the Selected Delivery Option for your Order, or any other timeframes otherwise specified by D1 Store or any of its staff;
(b) stock availability and events outside D1 Store’s control (including adverse weather conditions, traffic conditions and governmental action) may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in-store;
(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither D1 Store nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
11. Refunds
11.1 Where D1 Store is obliged to refund your payment pursuant to these Terms and Conditions, D1 Store aims to initiate your refund to your original payment method(s) within 2 business days (Monday – Friday 9 am to 5 pm Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution or other payment provider processes the refund. Please note that where Goods have been purchased using a D1 Store gift card, a replacement gift card will be issued with the applicable refund. Please note that if D1 Store is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.
11.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), D1 Store will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. Returns/Faulty or damaged Goods
12.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.
12.2 If you have a problem with any Goods or otherwise wish to return them please refer to D1 Store’s Returns Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or any D1 Store store, you can also contact us.
12.3 When returning Goods:
(a) please provide D1 Store with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.
Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
12.4 You may not be entitled to a refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
13. Information about D1 Store's liability to you
13.1 To the full extent permitted at law, D1 Store is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
14. Privacy
14.1 D1 Store policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions
16. General
16.1 D1 Store reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
16.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
16.3 These Terms and Conditions are governed by the laws of Victoria, Australia.
Giveaways & Prizes Terms & Conditions
17. Promoter
17.1 The promoter of this giveaway is D1 Store Pty Ltd (ABN: 49 618 215 044), located at 421 Victoria Street, Brunswick, 3056, Victoria, Australia.
18. Eligibility
18.1 This promotion is open to all Australian residents aged 18 years or over. Employees of D1 Store Pty Ltd, their immediate families, and any agencies associated with this promotion are ineligible to enter.
19. Promotion Period
19.1 The promotion commences on 6th September 2024 and ends at 11:59 PM AEDT on 10th October 2024.
20. How to Enter
20.1 To enter the giveaway, participants must:
Sign-up via the QR code provided on the promotional corflute at participating locations.
Upon signing up, participants will receive a confirmation text message.
Participants must show the confirmation text to a staff member to be eligible for a test flight of the DJI Neo.
21. Test Flight
21.1 Participation in a test flight is optional and not a requirement for entry.
All participants who sign up via the QR code will automatically be entered into the draw, regardless of whether they choose to participate in the test flight.
22.1 Main Prize
22.1 There will be one (1) winner selected per store, with a total of three (3) winners across all participating stores. Each winner will receive a DJI Neo drone.
The prize is non-transferable, non-refundable, and cannot be exchanged for cash.
22.2 Minor Prize
22.2 There will be three (3) winners selected per store, with a total of three (9) winners across all participating stores. Each winner will receive a $50 in-store only store credit voucher. The prize is non-transferable, non-refundable, and cannot be exchanged for cash with an expiry of 6 months.
23. Draw and Notification of Winner
23.1 The draw will take place on 14th October 2024 at 10:00 AM AEST at 421 Victoria Street, Brunswick, 3056, Victoria.
23.2 The winners will be selected at random from all valid entries received during the promotion period.
23.3 The winners will be notified by SMS or email within two (2) business days of the draw. The winners’ names will also be announced on D1 Store’s social media platforms.
24. Prize Claim
24.1 The winners must claim their prize within fourteen (14) days of the draw. If a prize is not claimed within this period, a redraw will be conducted, and a new winner selected.
25. General Conditions
25.1 D1 Store Pty Ltd reserves the right to disqualify any entry that is deemed inappropriate or does not comply with these terms and conditions.
25.2 The promoter's decision is final, and no correspondence will be entered into.
26. Liability
26.1 D1 Store Pty Ltd will not be liable for any loss, damage, or injury whatsoever (including but not limited to direct or consequential loss) suffered or sustained in connection with the promotion, the use of a prize, or the participation in a test flight, except for any liability that cannot be excluded by law.
27. Privacy
27.1 By entering this promotion, participants agree to the collection, use, and disclosure of their personal information in accordance with D1 Store’s Privacy Policy, available at https://www.d1store.com.au/privacy-policy.php .
27.2 The personal information collected will be used to contact the winners and for marketing purposes.
28. Privacy
28.1 D1 Store Pty Ltd reserves the right to alter or amend these terms and conditions at any time without prior notice.
29. Governing Law
29.1 This promotion and these terms and conditions are governed by the laws of Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Australia.