Terms and Conditions
1.1 Welcome to www.dejamarc.com (the Website), operated by Deja Marc Pty Ltd (ACN 647 756 330) (Deja Marc, we, us).
1.2 Access to and use of the Website, or any of its associated products and/or services, are provided by Deja Marc. Please read these terms and conditions (the Terms) carefully.
2.0 Acceptance of these Terms
2.1 These Terms apply to the use of our Website and our products and services. By using, browsing, registering an account and paying for the products and/or services on the Website, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our Website from time to time. If you do not accept these Terms, you must cease use of the Website and our products and services immediately.
2.2 You may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Deja Marc; or
(b) you are a person barred from receiving the products and services under the laws of Australia or other countries including the country in which you reside or from which you use the Website, products or services.
2.3 Deja Marc reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Deja Marc updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of the publication. Before you continue, we recommend you keep a copy of the Terms for your records.
3.1 Deja Marc provides its customers with customised jewellery (the Products).
3.2 When you place an order with us, you select the style and customisation of the Product, including but not limited to, any initials, fingerprints, paw prints and/or handwriting to be engraved onto the Product(s) (the Customisation).
3.3 The Products are made from different types of metal that are coated in either 9k solid gold, 18k gold vermeil, 18k rose gold vermeil or silver based on your Customisation selections.
3.4 The Customisation is based on your preferences and is dependent on the accuracy of the details that you provide us upon placing an order for the Product(s). As such, you agree and acknowledge that we will not be liable for typographical errors or changes in your aesthetic preferences of the Product upon placing an order.
3.5 The rendering service available on the Website, whereby you can type letters or characters in the text box and it will appear on the sample jewellery for your review, is only for inspirational purposes. You agree and acknowledge that the size, placement and overall look and feel of the Products may slightly vary from the image displayed through the rendering service that is made available on the Website.
3.6 We may request you to scan and send any prints, being paw prints or fingerprints, to us again if the images are unclear. In the event that we request further prints from you, we will contact you pursuant to the contact details that you provide us upon placing an order. We reserve the right to charge you additional fees, pursuant to clause 4, in the event that we require further prints from you.
3.7 The Product(s) will include care instructions to maximise the longevity of the look and feel of the Product(s). As such, we will not be liable for any damage caused as a result of your misuse of the Products.
3.8 The Products are delivered in jewellery packages that are strictly used for delivery purposes, not care or maintenance purposes. As such, we recommend that you purchase a jewellery box that is designed to protect and maintain the Product(s).
3.9 By using the Products, you agree and acknowledge that:
(a) you are solely responsible for assessing the risks and implications associated with the Products. This includes but is not limited to, any skin allergies or skin reactions of the consumer;
(b) we do not, at any time, provide any warranties or guarantees regarding the Products;
(c) you must use the Products for your own personal use only and not for re-sale of any kind;
(d) we reserve the right to terminate your access to the Products and the Website at any time and at our sole discretion;
(e) these Terms do not create a relationship of employment, trust, joint venture, partnership or other relationship of a fiduciary nature between you and us; and
(f) Deja Marc has entered into these Terms in reliance on the acknowledgements, warranties and representations given by you in these Terms.
4.0 Fingerprints and the Fingerprint Kit
4.1 As part of the Customisation process, we require you to send us the prints (as required) for them to be engraved onto the Products (the Prints). You may opt in to provide us with the Prints electronically or by mail.
4.2 If you opt in to send us the Prints electronically, you agree and acknowledge that:
(a) we may send you a link or a quick response code to a third party app for the scanning of your prints (Third Party Providers); and
(b) you agree and acknowledge that by placing an order with us, you are familiar with, and agree to, any respective Third Party Provider website terms and conditions and privacy policies (as applicable).
4.3 If you opt in to send us the Prints by mail, then we will send you the fingerprint kit (the Fingerprint Kit) to your mailing address. You agree and acknowledge that:
(a) the cost of the Fingerprint Kit is included in the fees of the Product(s);
(b) you may be charged a delivery fee for the delivery of the Fingerprint Kit;
(c) you may be able to purchase a Fingerprint Kit, as a standalone product, through our Website;
(d) if you are not at the place of delivery, during the intended date and time of the delivery, then we will leave the Fingerprint Kit at the front door of the delivery address. Deja Marc is not liable for any damage caused to the Fingerprint Kit as a result of it being left outside for extended periods or if the Fingerprint Kit is stolen after it has been delivered;
(e) in the event that you enter the deliver wrong address into our Website, then we may, at our sole discretion, charge you additional fees for the re-delivery of the Fingerprint Kit;
(f) we strongly recommend that you view our tutorial on using the Fingerprint Kit, as contained on our Website, before using the Fingerprint Kit;
(g) upon receiving the Prints, a fingerprint will be chosen at the discretion of the production team.
(h) upon receiving the Prints, may use a Third Party Provider to convert the Print into a digital form. You agree and acknowledge that by placing an order with us, you are familiar with, and agree to, any respective Third Party Provider website terms and conditions and privacy policies; and
(h) in the event that the Prints are not created in accordance with Deja Marc’s standards and, as such, we cannot begin the Customisation process, we will immediately notify you and request that you submit new Prints for our use. In the event that we need to reissue a Fingerprint Kit, you will be charged an additional fee for the new Fingerprint Kit.
4.4 You will be notified once your Prints are accepted for Customisation.
4.5 Production turnaround is at least one (1) week from the date of the acceptation for the Customisation. You agree and acknowledge that the production date may be longer than one (1) week during busy periods.
4.6 You agree and acknowledge that we are not liable for any harm, damage or loss caused due to any delays in the delivery of the Product(s) as a result of a rejected Print.
4.7 Our Products vary in shapes and sizes. As such, the Prints may not be true to size.
4.8 You agree and acknowledge that all Prints will be engraved onto the jewellery pursuant to the scans provided to us. Therefore, there may be slight nuances in the aesthetic interpretation of the Customisation. This includes, but is not limit to, repeat orders, whereby the prints may slightly vary in size and scale.
5.0 Account Establishment
5.1 To access the Products, you may be required to register an account on the Website (the Account).
5.2 To establish an Account, you may be required to provide personal information about yourself, including but not limited to, the following:
(a) full name;
(b) email address;
(c) mailing address;
(d) telephone number;
(e) a preferred username; and
(f) a preferred password.
5.3 You agree and acknowledge that any information you provide to Deja Marc in the course of establishing an Account will always be accurate, correct and up to date.
5.4 You agree and acknowledge that Deja Marc reserves the right to terminate your Account and/or suspend or terminate you from accessing the Products without notice if you provide misleading, false, deceptive, inaccurate and/or outdated personal information.
5.5 By registering an Account, you agree and acknowledge that:
(a) the Account gives you access to our Products, whereby you can choose from a series of jewellery selections that can be delivered to you;
(b) you must not transfer or assign your Account to another individual or entity; and
(c) Deja Marc reserves the right to suspend or terminate your access to the Products, at its sole discretion, if it believes that you are exploiting and/or abusing your access to the Products.
6.0 Your Account Obligations
6.1 You agree and acknowledge that:
(a) you are solely responsible for the activity that occurs under your Account;
(b) anything you submit to be included on the Website, including all material, links, words and images (the Content) is accurate, correct and up to date;
(c) you have the sole responsibility to protect the confidentiality of your password and/or email address. You agree to immediately notify Deja Marc at firstname.lastname@example.org of any unauthorised use of your password or email address or any breach of security of which you have become aware. You agree and acknowledge that use of your password by any other person may result in an immediate termination to your access to the Website and the Products;
(d) you will use the Website and the Products as permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(e) access to and use of the Website, the Products and Account is non-transferable and limited to you for the purposes of us providing the Products;
(f) any use of your registration information and Content by another person, or third party, is strictly prohibited;
(g) appropriate legal action will be taken by Deja Marc for any illegal or unauthorised use of the Website and Products;
(h) you must not:
(i) expressly or impliedly impersonate another Account at any time;
(ii) use the Products or Website for any illegal and/or unauthorised use;
(iii) provide false information including false names, address, contact details and Content;
(iv) use the Products or Website unlawfully or in a manner that violates these Terms and any applicable laws or regulations;
(v) circumvent or hack into any part if the Website to access data not intended for you;
(vi) interfere with the servers or networks connected to the services and/or Website, or violate any of the policies, procedures or regulations connected to the Website;
(vii) engage in conduct or access the Website and the Products a way that will impose an unreasonable or large burden of traffic demands on Deja Marc;
(viii) create derivative works of the Products or an application substantially similar or a direct copy of the Products such that confusion may occur as to which the Products are operated by Deja Marc;
(ix) resell, distribute, transfer, modify, lease, encumber or export the software associated with the Website and the Products; and/or
(x) automate the use of the Website or the services.
7.0 Acceptance of Order
7.1 All Product orders, including but not limited to, orders made on the Website or over the phone, will be accepted at Deja Marc’s sole and absolute discretion (the Order).
7.2 When you submit an Order, and we accept your Order, you will receive an email confirming your order details. If we do not accept your Order, then we will notify you immediately. Factors that may result in a rejection of your Order include, but are not limited to, your delivery location and the availability of the Product(s). We reserve the right to impose a limit on the quantity of the Products that may be ordered at any point in time.
7.3 In the event that we reject your Order, we will promptly refund the full Product fees to you.
7.4 Deja Marc values your Privacy. As such, we link your Orders to your Prints through an anonymous order number.
8.1 You will be charged a delivery rate based on your location in relation to us (the Delivery Fee). The Delivery Fee is included in the first delivery and will be added to the total amount for the Product(s) (the Fees). All redeliveries or returns will be at your own cost.
8.2 If you are not at the place of delivery, during the intended date and time of the delivery, then we will leave the Products at the front door of the delivery address. Deja Marc is not liable for any damage caused to the Products as a result of it being left outside for extended periods or if the Products are stolen after they have been delivered.
8.3 You are responsible for ensuring that the mailing details that you provide us are correct and up to date. In the event that you enter the deliver wrong address into our Website, then we may, at our sole discretion, charge you an additional Delivery Fee for the re-delivery of the Products.
8.4 To the maximum extent permitted by the law, we will not be accept liability for any loss or damage caused by any delays as a result of the Products being returned to us or if there is a delay in delivery which is beyond our reasonable control.
8.5 You agree and acknowledge that the title to the Products and the risk of loss or damage to the Products passes to you upon you receiving the Products through our delivery services.
8.6 You agree and acknowledge that we may engage a third-party provider (the Third Party Provider) to deliver the Products to you. By accepting these Terms, you consent to have your personal information shared with Third Party Providers for the provision of the delivery services and, as such, you consent for the Third Party Providers (if any) to contact you for the primary purpose of providing the delivery services to you.
8.7 If an order does not arrive during the selected timeframe then it is your responsibility to inform us by contacting us on email@example.com. We will then make enquiries into the delivery and will have the Products resent to your delivery address as soon as possible. You agree and acknowledge that we will not be held liable for any loss or damage caused by any delays in the delivery of the Products.
9.1 All of our prices are in Australian dollars and include GST.
9.2 Prices that are quoted on the Website are subject to change, at our sole and absolute discretion, and without notice.
I9.3 If the price of the Products is reduced after you have placed an Order with Deja Marc, then you will not be eligible for a subsequent price adjustment. You agree and acknowledge that the Fees associated with the Products are the correct and relevant price of the Products at the time you place your Order.
11.1 You agree and acknowledge that:
(b) where a request for the payment of the processing fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the processing fee.
12.1 If for whatever reason you are unsatisfied with the Products, please contact Deja Marc at firstname.lastname@example.org outlining why you believe you are entitled to a refund of any fee so that we are able to determine whether a refund should occur.
12.2 Please note that refunds will not be issued once the Products have been delivered to you, due to the personalised nature of the Products.
12.3 Any refunds granted pursuant to this clause will be at Deja Marc’s sole and absolute discretion.
13.0 Discounts and Promotions
13.1 Any discounts or promotion codes available on the Website is non-transferable and cannot be transferred or refunded for cash.
13.2 Discounts and promotions can only be used for a single discount and cannot be used simultaneously with other discounts or promotions.
13.3 Deja Marc reserves the right, as far as applicable by the law, to cancel any discount and promotion available on the Website without any prior notice.
14.0 Intellectual Property
14.1 The Website and the Products of Deja Marc are subject to copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website.
14.2 All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks, patents and belong to us. Unless otherwise indicated, the Terms do not transfer to you any of our or third party’s right, title, and interest in copyright, patents, trade marks or service marks.
14.3 Any unauthorised use of the materials appearing on our Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
15.3 Any information you enter on our Website or give us in any other way, from time to time, is protected by our secure server or by a third party on our behalf using an approved secure server. You may provide information and documents (Personal Data) to enable us to send information or process your claim. We may also collect additional Personal Data at other times in order to be able to deliver our Products, including but not limited to contact lists, GPS location, passwords, feedback or communication with Deja Marc customer support.
16.0 Disclosure of Your Information
16.1 We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Deja Marc may also use your Personal Data to protect the rights, property or safety of Deja Marc, its customers or third parties.
16.2 If there is a change of control in one of our businesses (whether by merger, sale or otherwise), or a sale or transfer of its assets, customer information, which may include your Personal Data, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction. We would only disclose your information in good faith and where required by any of the above circumstances.
17.1 The Terms will continue to apply until the deletion of your Account, or until terminated by Deja Marc as set out below.
17.2 Deja Marc may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms and fail to remedy it within seven (7) days from receiving written notice from Deja Marc;
(b) Deja Marc is required to do so by law;
(c) you have not paid the Fees as contained in clause 11
(d) the partner, if any, with whom Deja Marc offered the Products to you has terminated its relationship with Deja Marc or ceased to offer the Products to you;
(e) Deja Marc is transitioning to no longer providing the Products to users in the country in which you are resident or from which you access the Products;
(f) the provision of the Products to you by Deja Marc is, in the opinion of Deja Marc, no longer commercially viable;
(g) if you have used the Products:
(i) in breach of any law;
(ii) in a way that is misleading or deceptive;
(iii) in a way which is unreasonable as determined by Deja Marc at its absolute discretion; or
(iv) in a manner which can or does bring Deja Marc into disrepute or could damage Deja Marc’s reputation as determined by Deja Marc at its absolute discretion
17.3 Subject to local applicable laws, Deja Marc reserves the right to discontinue or cancel your access to the Products at any time and may suspend or deny, in its sole discretion, to all or any portion of the Website and the Products without notice if you breach any provision of the Terms or any applicable law or if your conduct damages Deja Marc’ name or reputation or violates the rights of those of another party.
17.4 Upon the termination of the customer’s account, all of the legal rights, obligations and liabilities that you and Deja Marc have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this cessation, and the provisions of this clause will continue to apply to such rights, obligations and liabilities indefinitely.
18.1 None of the affiliates, directors, officers, employees, agents, contributors and licensors of Deja Marc make any express or implied representation or warranty about the Products referred to on the Website. This includes, but is not limited to, loss or damage you might suffer as a result of the following:
(a) failure of performance, error, omission, interruption, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Products, or any of its related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website and the Products of Deja Marc;
(d) a suspension of your account due to your breach of the Terms; and
(e) the services or operation in respect to links which are provided for your convenience.
18.2 In all cases, our liability arising out of or in connection with the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to the Fees paid by you for the Products.
18.3 Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
18.4 You agree and acknowledge that Deja Marc, its affiliates, employees, agents, contributors, agents, third party content providers and licensors will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, or consequential loss, loss of profits, goodwill, or business reputations which may be incurred by you, however caused and under any theory of liability.
18. 5 You agree and acknowledge that Deja Marc holds no liability for any direct, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your Content on the Website.
19.0 Force Majeure
19.1 Deja Marc will not be liable for any failure, delay, interruption or faults which are a consequence of any government body, war, insurrection, pandemic, sabotage, embargo, breakdown, civil disturbance, crime, lockout, riot, theft, tempest, war, earthquake, fire, flood, strike or labour disturbance, the inability of Deja Marc’s normal suppliers to supply necessary materials or services, interruption or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or hardware or inability to obtain energy which is needed for the provision of the services or any other matter beyond Deja Marc’s control.
20.1 Use of this Website is at your own risk and Deja Marc is not liable for any loss, damage or disclosure of any personal information that may result from its use.
20.2 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including Australian Consumer Law (or any liability under them) which by law may not be excluded.
(a) if you are not a Consumer (under the Australian Consumer Law), you agree that Deja Marc has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website and the Products;
(b) if you are a Consumer (under the Australian Consumer Law), Deja Marc limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law; and
(c) where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, Deja Marc’s liability to you is limited to resupply of the Products or payment of the cost of re-supplying the Products.
20.3 Subject to this clause and to the extent permitted by law:
(a) Deja Marc excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
(b) Deja Marc will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Products or these Terms (including as a result of not being able to use the Products or any service), whether at common law, under contract law, tort (including negligence), in equity, pursuant to statute or otherwise.
21.1 You agree to indemnify Deja Marc, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Products;
(b) any breach of these Terms;
(c) any wilful misconduct by us;
(d) any unlawful or negligent act or omission by you; or
(e) any direct or indirect consequences of you accessing, using or transacting on the Website and the Products or attempts to do so.
21.2 This indemnity will survive termination of these Terms.
22.1 You agree and acknowledge that the Website, and any associated website we own, may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage, as well as anything related to running the Website.
22.2 Unless otherwise specified, the Website and the Products and associated services are for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, Products obtained from the Website, which are not your own intellectual property.
22.3 You also 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.
23.0 Dispute Resolution
(a) If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(a) A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(a) On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(i) within fourteen (14) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) if for any reason whatsoever, fourteen (14) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Disputes Centre or its nominee;
(iii) the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
(iv) the mediation will be held in Sydney, Australia.
(a) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
23.5 Termination of Mediation:
(a) If one (1) month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
24.0 Governing Law and Jurisdiction
24.1 The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby will be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms will be binding to the benefit of the parties hereto and their successors and assigns. Each party irrevocably and unconditionally submits to laws of New South Wales.
25.1 Deja Marc may provide any notice to you under the Terms by sending a message to your email address. The notice provided by Deja Marc to you by email will be deemed to have been properly given on the date Deja Marc sends the email, regardless of whether you have received the email.
25.2 Unless specified otherwise, any notices provided by you to Deja Marc must be in writing and be delivered either in person, or via registered post to email@example.com. Notices provided by registered post will be deemed to have properly given three (3) days after they are posted (if posted).
26.1 If any part of the Terms is found to be void or unenforceable, that part will be severed and the rest of the Terms will remain in force.
27.1 A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it.
27.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
27.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.
28.1 Deja Marc may assign or transfer its rights or obligations under the Terms without your consent.
28.2 You may not assign or transfer your rights or obligations under the Terms without prior written consent of Deja Marc. A purported assignment without written consent will be deemed to be void and convey no rights.
29.1 Our Website and correspondence to you may contain links to other websites. These links are intended for your convenience only. Please be aware that Deja Marc is not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our Website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.
30.0 Email Communication
30.1 Deja Marc may also provide you with information and updates regarding our Website and changes to the law from time to time. Deja Marc may also make you aware of their new and additional Products via email. This service is for free and you can unsubscribe at any time.
31.0 Changes to our policies
32.0 Questions or Complaints
32.1 If at any time you have a question about what information we hold about you, wish to change your personal details or have a complaint or concern, please contact us at firstname.lastname@example.org.
32.2 Please return periodically to policies for material changes.