Terms & Conditions

  1. Definitions and interpretation

    1. Definitions

      In these Terms and conditions:

      Additional Charge means:

      1. Fees or charges for additional work performed at the Customer's request or reasonably required as a result of the Customer's conduct, calculated in accordance with Day to Day Deals' then current prices.
      2. Expenses  incurred  by  Day   to  Day  Deals,  at  the  Customer's request or reasonably required as a result of the Customer's conduct.

      Business Day means a day that is not a Saturday, Sunday or public holiday in Victoria or the place where the Goods are provided.

      Customer  means   the  person  identified  on   an  Order  as   the  customer  and   includes  the Customer's agents and permitted assigns.

      Day to Day Deals means Pramukh Enterprise PTY LTD ACN: 607324185, ABN: 41607324185 trading as Day to Day Deals ABN: 41607324185 and its agents, substitutes, successors and permitted assigns.

      Designated Post Area means all areas or postcodes within Australia in which the Australian Post Office delivers and does not include deliveries overseas.

      Goods means any goods supplied by Day to Day Deals.

      Intellectual Property Rights means intellectual property rights at any time protected by statute or common law, including copyright, trade marks, patents and registered designs.

      Loss includes, but is not limited to, costs (including, but not limited to, party to party legal costs and Day to Day Deals' legal costs), expenses, lost profits, award of damages, personal injury and property damage.

      Order  means  a  purchase  order  for  Goods  placed  by  a  Customer  on  the  Day  to  Day  Deals website and as varied in writing from time to time by the parties.

      PPS Law means:

      1. the Personal Property Security Act 2009 (Cth) (PPS Act) and any regulation made at any time under the PPS Act (each as amended from time to time); and
      2. any amendment made at any time to any other legislation as a consequence of a PPS Law.

      Services  means  the   services  to  be  provided  by   Day  to  Day  Deals   to  the  Customer  in accordance with these Terms and conditions.

    2. Interpretation

      In these Terms and conditions, unless the context otherwise requires:

      1. a reference to writing includes email and other communication established through Day to Day Deals website at www.daytodaydeals.com.au;
      2. the singular includes the plural and vice versa;
      3. a reference to ‘we’, ‘us’ and ‘our’ are each a reference to Day to Day Deals;
      4. a reference to a clause or paragraph is a reference to a clause or paragraph of these Terms and conditions;
      5. a  reference  to   a  party  to   these  Terms  and   conditions  or  any   other  document  or arrangement  includes  that  party's  executors,  administrators,  successors  and  permitted assigns;
      6. where  an  expression  is  defined,  another  part  of  speech  or  grammatical  form  of  that expression has a corresponding meaning;
      7. headings are for ease of reference only and do not affect the meaning or interpretation of these Terms and conditions; and
      8. if the date on  which any  act, matter or thing  is to  be done falls  on a day  which is not a
        Business Day, that act, matter or thing:
        1. if it involves a payment other than a payment which is due on demand must be done on the preceding Business Day; and
        2. in all other cases, must be done on the next Business Day.
  2. General

    1. You should read these Terms and conditions prior to purchasing goods from this website.
    2. These Terms and conditions apply to the purchase of Goods from this website. In using this website for this purpose,   you agree to be bound  by these  Terms and conditions.  If you  do  not  understand  or  accept  these  terms  and  conditions,  you  must  refrain  from purchasing Goods using this website.  
    3. The variation or waiver of a provision of these terms or a party's consent to a departure from a provision by another party is ineffective unless in writing signed by the parties.
    4. Day to Day Deals will endeavour to ensure that only accurate and up to date information is placed on our website.  
    5. These Terms and conditions must be read in conjunction with any other applicable terms and  conditions  governing  the  use  of  this  website,  including Terms  of  Use   and  our Privacy Policy.
  3. Orders

    1. Every Order by the Customer for the provision of Goods or Services must be submitted in writing via Day to Day Deals' website (unless otherwise agreed).
    2. An Order will not be placed by the Customer unless the Order clearly identifies the Goods or Services ordered.  Any costs incurred by Day to Day Deals in reliance on incorrect or inadequate information may result in the imposition of an Additional Charge.
    3. Orders must be signed by an authorised representative of the Customer and must specify the required date of delivery.
    4. Placement of an Order  by the Customer signifies acceptance by the    Customer of these Terms and conditions.
    5. Day to Day Deals will not accept any Orders for Goods which are to be delivered outside the Designated Post Area.  In the event a Customer requires delivery to be made outside the Designated  Post Area, the Customer will be entitled to a full refund of the purchase price of the Goods ordered.
    6. Day  to  Day  Deals  may  in  its  absolute  discretion  refuse  to  provide  Goods  or  Services where:
      1. Goods are unavailable for any reason whatsoever;
      2. credit limits cannot be agreed upon or have been exceeded; or
      3. payment for Goods or Services previously provided to the Customer or any related corporation of the Customer or to any other party who is, in the reasonable opinion of  Day  to Day  Deals,  associated  with the Customer  under  the same  or  another supply contract, has not been received by Day to Day Deals.
    7. An  Order  cannot  be  cancelled  without  the  prior  written  consent  of  Day  to  Day  Deals. Where an Order is cancelled, the Customer indemnifies Day to Day Deals against any Losses incurred by Day to Day Deals as a result of the cancellation, including, but not limited to loss of profit from other orders foregone as a result of the scheduling of the Order which is subsequently cancelled.
  4. Variations

    1. The Customer may  request that its Order be varied by providing a request in writing to Day to  Day Deals.    A request for   a variation must   be  made  prior to  the Goods  being posted and must be agreed to in writing by Day to Day Deals in order to have effect.
    2. If the Customer wishes to vary its requirements after the placement of an Order,     Day to Day  Deals  reserves  the  right  to  vary  the  Order  to  include  any  Additional  Charge  in respect of any extra costs incurred or additional work carried out due to the variation, in ccordance with its then current charge rates.      A revised Order issued by Day to Day Deals in respect of the requested variation supersedes the original   Order.  If the revised Order only specifies additional work, the Order for that additional work will be in addition to the immediately preceding Order for the Goods and/or Services.
    3. Day to Day Deals has an automatic extension of time for the provision of the Goods or Services equal to the delay caused by the variation.
  5. Payment

    1. Day to Day Deals agrees to sell the Goods and the Customer agrees to purchase the Goods as set out on Day to Day Deals website, together with any applicable GST, on the Terms and conditions set out herein.
    2. The  amount payable is as per the    Order  and any Additional Charges   as listed  on the website.
    3. The  Customer  must  make  immediate  payment  of  the  Goods  including  any  Additional Charges if applicable by Paypal or by credit card as available on the website.
    4. The  Customer   is   not  entitled   to  retain   any  money   owing  to   Day   to  Day   Deals notwithstanding any default or alleged   default by Day to Day Deals of these Terms and conditions, including (but not limited to) the supply of allegedly faulty or defective Goods, provision of Services to an inadequate standard   or a delay  in the provision of Goods or Services.  Nothing in this paragraph affects the Customer's rights for any alleged failure of a guarantee under the Australian Consumer Law.
    5. The Customer and Day to Day Deals agree to comply with their obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing GST.
  6. Additional Charges

    1. Day  to  Day  Deals  may  require  the  Customer  to  pay  Additional  Charges  in  respect  of Costs incurred by Day to Day Deals as a result of reliance on inadequate or incorrect information or material provided by the Customer or information or material supplied later than required by Day to Day Deals in order for it to provide the Goods or Services within the specified time frame (if any).
    2. The imposition of Additional Charges may also occur as a result of cancellation by the Customer of an Order where cancellation results in Loss of Day to Day Deals, storage costs for goods not collected from Day to Day Deals within 2 weeks of the date on which the Goods are manufactured, fabricated, photocopying, communication costs, couriers, packing and handling, Government or council taxes or charges, additional work required by the Customer or any other occurrence which causes Day to Day Deals to incur costs in respect of the Customer's Order additional to the quoted cost.
  7. Defects and returns

    1. The Customer shall inspect the Goods on delivery and shall within 48 hours of receipt of the Goods notify Day to Day Deals (by phone or by emailing info@daytodaydeals.com.au) of any alleged defect, damage, failure to comply with what was ordered.
    2. In relation to apparel only, if the Goods do not fit please contact Day to Day Deals within 48 hours of receipt be emailing info@daytodaydeals.com.au.  Day to  Day  Deals  will  make  note  of  your  return,  provide  instructions  regarding  the  Goods’ return  and  provide  you  with  a  discount  code  for  your  next  purchase  of  Goods  (less postage and handling).  The Customer is not entitled to a refund.
    3. If the Customer wishes to cancel an order due to an alleged defect, damage or failure to comply with what was ordered, they must contact Day to Day Deals as soon as possible. If the item has not been posted from Day to Day Deals’ premises yet there will not be any cancellation fees.    However, if the Goods has been dispatched, a cancellation fee per item will apply.    Day to Day Deals will issue a full refund or store credit       to an amount equal to the full refund (at   the election of the Customer), less the cancellation fee upon return of the Goods to Day to Day Deals.
    4. A Customer is not entitled to cancel an Order or seek a refund due to the Customer’s change  of  mind  or  for  any  other  reason  which  is  not  in  relation  to  an  alleged  defect, damage or failure to comply with what has been ordered.
    5. In the event that Day to Day Deals does not have sufficient stock in relation to the Goods specified in the Order and Day to Day Deals are not able to deliver the Goods to the Customer within the time requested by the Customer or within a reasonable time in all the circumstances, the Customer is entitled to a full refund of the Goods purchased.
  8. Acceptance of Goods

    If the Customer fails to advise Day to Day Deals in writing of any fault in Goods or failure of Goods to accord with the Customer's Order within 48 hours of delivery, the Customer is deemed to have accepted the Goods and to have accepted that the Goods are not faulty and accord with  the  Customer's  Order.  Nothing  in  this  paragraph  affects  the  Customer's  rights  for  any alleged failure of a guarantee under the Australian Consumer Law.
  9. Title and risk

    1. Risk in Goods passes to the Customer immediately upon delivery.
    2. Property  in  Goods  supplied  to  the  Customer  pursuant  to  these  Terms  and  conditions does not pass to the Customer until all money (including money owing in respect of other transactions between Day to Day Deals and the Customer) due and payable to Day to Day Deals by the Customer have been fully paid.
  10. Intellectual Property Rights

    1. All materials displayed on Day to Day Deals website, including all information, photographs, illustration, artwork and other graphic materials, and names, logos and trademarks, are the property of Day to Day Deals or are subject to a licence or other agreement between Day to Day Deals and the owner of the intellectual property. Any such content may be displayed and printed solely for your personal and non-commercial use.
    2. The Customer agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the prior written consent of Day to Day Deals. Day to Day Deals does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the website or in the user interface of the website.
  11. Privacy

    The Customer agrees for Day to Day Deals to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by Day to Day Deals.

    The Customer understands the information exchanged between Day to Day Deals and credit providers can include the Customer’s cred it worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

    The Customer agrees that personal credit information provided may be used and retained by Day to Day Deals for the following purposes and for other purposes as agreed between the parties or required by law:

    1. the provision of Apparel on hire;
    2. analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Apparel on hire;
    3. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer;
    4. enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the hire of the Apparel.

    Day to Day Deals may give information about the Customer to a credit reporting agency for the following purposes:

    1. to obtain a consumer credit report about the Customer;
    2. allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.

    The information given to the credit reporting agency may include:

    1. personal particulars (the Customer’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
    2. details concerning the Customer’s application for credit or commercial credit and the amount requested;
    3. advice that Day to Day Deals is a current credit provider to the Customer;
    4. advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
    5. that the Customer’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
    6. information that, in the opinion of Day to Day Deals, the Customer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Customer’s credit obligations);
    7. advice that cheques drawn by the Customer for one hundred dollars ($100) or more, have been dishonoured more than once;
    8. that credit provided to the Customer by Day to Day Deals has been paid or otherwise discharged.
  12. Agency and assignment

    1. The Customer agrees that Day to Day Deals may at any time appoint or engage an agent to perform an obligation of Day to Day Deals arising out of or pursuant to these Terms and conditions.
    2. Day to Day Deals has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these Terms and conditions provided that the assignee agrees to assume any duties and obligations of Day to Day Deals owed to the Customer under these Terms and conditions.
    3. The Customer is not to assign, or purport to assign, any of its obligations or rights under these Terms and conditions without the prior written consent of Day to Day Deals.
  13. Exclusions and limitation of liability

    1. The Customer expressly agrees that use of the Goods and Services is at the Customer's risk. To the full extent allowed by law, Day to Day Deals' liability for breach of any term implied into these Terms and conditions by any law is excluded.
    2. All information, specifications and samples provided by Day to Day Deals in relation to the Goods or Services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the Customer's use of the Goods or Services will not entitle the Customer to reject the Goods upon delivery, or to make any claim in respect of them.
    3. Day to Day Deals gives no warranty in relation to the Services provided or supplied. Under no circumstances is Day to Day Deals or any of its agents liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods or Services including in their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:
      1. any Goods or Services supplied to the Customer;
      2. any delay in supply of the Goods or Services; or
      3. any failure to supply the Goods or Services.
    4. Any advice, recommendation, information, assistance or service given by Day to Day Deals in relation to Goods and/or Services is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty or accuracy, appropriateness or reliability. Day to Day Deals does not accept any liability or responsibility for any Loss suffered as a result of the Customer's reliance on such advice, recommendation, information, assistance or service.
    5. To the fullest extent permissible at law, Day to Day Deals is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods or Services, or otherwise arising out of the provision of Goods or the Services, whether based on Terms and conditions, negligence, strict liability or otherwise, even if Day to Day Deals has been advised of the possibility of damages.
    6. The Customer acknowledges that the Goods or Services are not for personal, domestic or household purposes.
    7. The Australian Consumer Law may give to the Customer certain guarantees. Where liability for breach of any such guarantee can be limited, Day to Day Deals' liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods, to the replacement or repair of the Goods or the costs of resupply or replacement of the Goods or with respect to Services to the supply of Services again or cost of re-supplying the Services again.
  14. Customer’s warranties and obligations

    The Customer warrants that:

    1. the particulars provided by the Customer to Day to Day Deals are correct in every respect and are not misleading in anyway including, without limitation, by omission;
    2. they will not breach any copyright or other restriction in relation to or in connection with, the Goods;
    3. in selecting the Goods the Customer has not relied on Day to Day Deals' skill and judgment or on any representations made by or on behalf of Day to Day Deals and agrees that the Goods comply with their description, are in merchantable condition and are fit for the Customer's purpose.

    The Customer will:

    1. keep the Goods in first class condition and only use them as they would be used by a careful and prudent person;
    2. not use the Goods for any illegal purpose;
    3. report any damage to, or loss of, the Goods to Day to Day Deals immediately as soon as such damage or loss occurs;
    4. be liable for any breach of this agreement committed by the Customer’s servants or agents;
    5. indemnify Day to Day Deals for any loss (including legal costs) incurred by Day to Day Deals in relation to any breach of this agreement and for any liability arising out of any such breach.
  15. Force Majeure

    1. If circumstances beyond Day to Day Deals' control prevent or hinder its provision of the Goods or Services, Day to Day Deals is free from any obligation to provide the Goods or Services while those circumstances continue. Day to Day Deals may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
    2. Circumstances beyond Day to Day Deals' control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
  16. Dispute resolution

    1. If a dispute arises between the Customer and Day to Day Deals, the following procedure applies:
      1. A party may give another party a notice of the dispute and the dispute must be dealt with in accordance with the procedure set out in this paragraph.
      2. A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute unless the dispute has been referred for resolution in accordance with this paragraph.
      3. A party must not oppose any application for a stay of any legal proceedings that may be issued in respect of a dispute pending the completion or termination of the procedure set out in this paragraph.
    2. If a dispute is notified, the parties to the dispute must endeavour to resolve the dispute as soon as possible and in any event within 5 Business Days (or other period as agreed).
    3. Unless otherwise agreed by the parties, any dispute that cannot be settled by negotiation between the parties or their representatives the parties expressly agree refer the matter to the Victorian Office of the Small Business Commissioner (VSBC) for mediation.
    4. Notwithstanding the existence of a dispute (including the referral of the dispute to mediation), each party must continue to perform its obligations under these Terms and conditions.
    5. The parties must hold confidential, unless otherwise required by law or at the direction of a court of competent jurisdiction, all information relating to the subject matter of the dispute and the VSBC mediation.
    6. The costs of the mediation are to be borne equally between the parties and each party is entitled to retain legal representation at each parties' respective own expense.
  17. Other matters

    1. These Terms and conditions are governed by the laws of Victoria and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria.
    2. These Terms and conditions and any Order and written variations agreed to in writing by Day to Day Deals represent the whole agreement between the parties relating to the subject matter of these terms.
    3. These Terms and conditions supersede all oral and written negotiations and communications by and on behalf of either of the parties.
    4. In entering into these Terms and conditions, the Customer has not relied on any warranty, representation or statement, whether oral or written, made by Day to Day Deals or any of its employees or agents relating to or in connection with the subject matter of these Terms and conditions.
    5. If any provision of these Terms and conditions at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
    6. A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.
    7. A notice or other communication required or permitted to be given by one party to another must be in writing to the address shown on the Order (or as varied pursuant to this paragraph) and delivered personally, sent by pre-paid mail to the address of the addressee specified in the relevant Order; sent by e-mail to the e-mail address of the addressee specified in the relevant Order with acknowledgement of delivery.
    8. A notice or other communication is taken to have been given (unless otherwise proved) if mailed, on the second Business Day after posting; or if sent by facsimile or e-mail before 4 pm one Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt.
    9. Time is of the essence of this agreement, except that no delay by Day to Day Deals in exercising any right or power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.
    10. A party may only change its postal or email address or fax number for service by giving notice of that change in writing to the other party.
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