terms & conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following Terms and Conditions of Use (“Terms”), which together with our Privacy Policy, govern Downthatlittlelane.com.au’s relationship with you in relation to your use of this website.

DEFINITIONS

“Buyer” means anyone who is purchasing goods or services through this website

“Content” means any and all material, words, images including but not limited to any goods and services the Seller submits, advertises or places on the website

 “Seller” means an individual or business who has been accepted as a Seller to sell their goods and services on the website

“Store” means an individual Seller’s space allocated to sell their goods and services through the website

“Us”, “Our” and “We/we”, “DTLL” refers to DTLL Pty Ltd ABN 451 589 864 97 and its website downthatlittlelane.com.au

“Website” means downthatlittlelane.com.au

“You/you” and “your” refers to you as Buyer, Seller, site user, person using our website as relevant

BUYER AGREEMENT

By using this website, you acknowledge that the Sellers on our site are third party advertisers and we do not have any connection with them beyond providing a venue for the Sellers to sell their goods and services. We are merely a passive conduit as third party facilitator for this advertising and sales service and do not have any association or affiliation beyond this.

DTLL does not make any representation as to the accuracy or suitability of any of the information contained in the advertisements or Stores and does not accept any responsibility or liability for the conduct or Content any advertisements or the offerings made by any Seller. Please make your own enquiries to ensure the goods or services are suitable for your individual needs and purposes.

Whilst we take reasonable care to monitor our website, we do not undertake any liability or obligation with regard to the content and therefore, you use the website and services at your own risk. DTLL is not responsible for any loss, damage or issues you may have with any Seller and cannot be held responsible for any direct or indirect loss you may suffer as a result of using their products or services

Please note: You must be over the age of 18 years of age to purchase any alcohol related or other restricted products or services.

SELLER AGREEMENT

Cost To Set Up: There is no cost to set up your Store and advertise your goods and services on DTLL once you have been approved as a Seller.

Commission Fee: If you are just selling on your own website or open-to-all marketplace sites such as etsy or madeit, we charge 10% commission plus GST on each sale at checkout. If you are using any other marketplace sites that have an application and selection process, then we charge a 20% commission plus GST on each sale at checkout. If you have any questions about how commissions work, please ask us. 

To be eligible to be able to advertise your products and services on our website, you agree to the following:

You warrant that:

  • The information, material and Content you post or advertise on the website is genuine, true and accurate, reliable, up-to-date, lawful, not misleading and does not breach third party rights including but not limited to copyright or other intellectual property rights;

  • You will keep your own information and Content updated and ensure any images or information you place in your Store on the website complies with applicable laws, codes and regulations;

  • You will at all times abide by the Australian Consumer Law (ACL) requirements including but not limited to the re-supply or refund of any goods or services you supply or provide which do not meet ACL requirements; and

  • You also agree to ensure you adhere to good practice service standards for the supply of goods and services to customers in a timely and responsive manner. You will at all times abide by the shipping, refund, and other terms from time to time, of the website.

You acknowledge and agree:

  • We are a facilitator only for the purposes of permitting businesses and individuals to post their advertisement and sell their goods and services through our website but do not guarantee any bookings, business, increase in traffic, sales or otherwise;

  • Any products or services you sell through your Store is done directly and is your contractual relationship with the Buyer that may find your goods and services by visiting our website. Any disputes, issues, dealings, complaints are to be dealt with directly with the Buyer and we are not to be involved. In the event you have serious concerns about a particular Buyer, we will endeavour to assist or make a determination which may involve blocking the Buyer from using the website in the future. Any decision will be made by us, in our sole discretion, concerning the Buyer and their use of the website;

  • You will provide an invoice to the Buyer within 28 days of receipt of any sale through our website upon request;

  • We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms;

  • By using this website, you authorize us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website and necessary for any advertising purposes;

  • Once you are approved as a Seller, you must be immediately prepared to activate your Store with a minimum of 4 items for sale, unless otherwise agreed by DTLL. If you are a store that wholesales items please be aware we do not allow duplications so if another store already stocks that item we declare rights to sell the items by the upload date; 

  • You may not close your Store nor may you stop selling or remove items for sale for a minimum 6 month period after approval and activation of your Store unless the items are no longer available or are out of stock. If you do so, you are liable to an early exit fee of $350AUD to cover the costs of our administration, advertising and other costs associated with promoting your Store and the website;

  • You will at all times ensure your Store, information and any advertising, including availability of goods and services is up-to-date at all times;

  • You will keep your password confidential and not disclose it or other security information about DTLL or the website to any other person at any time;

  • You must honour all orders and sales once checkout on any good or service has been completed. You also agree to honour and match any pricing of your goods or services that a Buyer may find on another website;

  • You will not add contact information or website links in your Store nor will you provide contact details of any kind directly or indirectly to Buyers. You also agree you will not offer deals or special offers to any Buyer outside of this website at any time. Any breach of this fundamental term will result in instant removal from downthatlittlelane.com.au and we will take full action permissible under the law;

  • We may remove your Store and access to our website at any time in our sole discretion at anytime for any reason including but not limited to any breach of these terms, breach of the law, numerous complaints from Buyers, not acting in good faith or any other such issue;

  • You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your advertisement, business activity or sale of your products or services on our website;

  • To undertake that you shall be the legally responsible party for any Content placed by you in respect of any legal proceedings of any competent jurisdiction worldwide and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any content placed by you on downthatlittlelane.com.au;

  • You will take over and indemnify us for any claims or other legal action that a Buyer or any third party may take against us as a direct or indirect result of your action, inaction, Contents or Store. Your liability to us, any Buyer or third party who has accessed your Content through our website for any of your advertisements, Content including but not limited to your goods and services, survives any termination or cancellation of this agreement;

  • No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever; and

  • Termination: you and we can terminate this agreement at any time by notification in writing. Please note we are not responsible for any lost files, images or other Content once you or we have terminated this agreement.

GENERAL TERMS

AMENDMENT OF TERMS AND WEBSITE CONTENT

We reserve the right to change, modify, add or remove portions of these terms, any content or appearance of the website at any time without notice. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and DTLL’s rights and obligations to each other.

USE OF WEBSITE AND SERVICES

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that DTLL is not legally responsible for any direct, indirect, consequential or incidental loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our information, any goods or services we or the Sellers may offer or from any other use of the website. Your use of any information, materials or services on or through this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Our liability is limited to, in the case of the Buyer, the amount of the goods or services last purchased and in the case of the Seller, the last commission invoice paid to you.

REFUNDS AND RETURNS

For any refunds or return, please refer to the individual Seller Store terms and address all refunds and returns though the Seller directly at first instance. If you are unable to resolve your issue with the individual Seller please let us know so we can determine if we can further assist you.

Both DTLL and all Sellers handle all returns and process refunds in accordance with the Australian Consumer Law. Our liability for goods and services is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

YOUR PRIVACY

At DTLL, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. DTLL respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

DISCLOSURE OF YOUR INFORMATION

DTLL may be required, in certain circumstances, to disclose information in good faith and where DTLL is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our Buyer or Seller agreements; or to protect the rights, property or safety of DTLL, its Buyers and Sellers or third parties.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of DTLL. Any redistribution or reproduction of part or all of the contents in any form is prohibited.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our Sellers 

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

DTLL expressly reserves all copyright and trademark in our website and in all documents and information on our website and reserves the right to take action against you if you breach any of these terms.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and DTLL concerning your use and access to DTLL’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and DTLL that results in litigation then you must submit to the jurisdiction of the courts of NSW.