Welcome to DESIR, darling.

This Site is owned and operated by DESIR PTY LTD 246 7521 6716 (referred to in these terms as “we”, “us”, and “our”).

Please take the time to read the terms of use that are applicable to your use and enjoyment of this Site and the content made available to you via this Site and our social media channels, as well as your purchase of any products from our online store (“Terms”).

These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of our Site (“user”, “you” and “your”). 

ACCEPTANCE OF TERMS

By accessing and using this Site, our social media channels and any other materials made available to you on this Site, you are taken to accept our Terms. In doing so, you warrant that you:

• are over 18 years of age and have the legal capacity to enter into a legally binding contract;

• have read and accepted these Terms; and

• will comply with these Terms.

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site. If at any time you choose not to accept these Terms, you should not access our Site.

Your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

INTELLECTUAL PROPERTY

Our Site contains intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, products, trade marks, copyrights, proprietary information, designs, patents, business names, logos, images, designs, copy, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site and its Content does not grant or transfer any rights, title or interest in it to you.

No Commercial use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, products, services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products, services, and Content, without refund, if you are found to be violating these Terms. 

Limited Licence

We may offer digital products on our website from time to time. Where you download our digital products (including checklists, guides, ebooks, video or audio content) (“Digital Products”) or access our Content, you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these Digital Products or our Content to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.

Acknowledgement of Author 

Even if you have the consent of the author, you are at no time permitted to remove any copyright or other proprietary notations from the materials. You must always acknowledge the author DESIR in a format that is agreed upon prior to any publication.

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including any Digital Products and Content) in any manner whatsoever except as authorised by us.

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those sites. It’s up to you to decide if those sites and their content are suitable for you.

COOKIES

Our website uses essential cookies to ensure it works properly and delivers the expected functionalities. These cookies are required for navigation and access to areas of the site, such as privacy preferences, contact forms, and user logins.  They are set in response to your actions and cannot be turned off without impacting how our site functions. You may set your browser to block these cookies or set up alerts, but this may affect parts of the site. These cookies do not store any personally identifiable information.

Our Site Analytics Cookies are used to capture and analyse how all visitors interact with our website, tracking activities such as pages visited, mouse movements, and ISP information. This analysis aids in refining our website's functionality and the overall user experience. While these cookies play a key role in understanding visitor behaviour and enhancing our services, we recognise the importance of consent. Visitors from the EU have the option to withhold consent for these non-essential cookies. Please be aware that opting out may influence the enhancements and personalisation of your site experience based on collective user data analysis.

PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed [here]. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

CREATING AN ACCOUNT

To place orders and access some features of our Site, you may need to register an account. This means you will have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is correct at the time you provide the information, and that you will update this information should there be any changes. You will be solely responsible for the activity that occurs on your account (including orders placed on your account), so be sure to keep your account password secure.  

We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law, or where your conduct impacts our reputation. 

PRICES AND PAYMENT

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods Tax (GST) (as applicable). The prices indicated on our Site may change at any time without advance notice to you. The amount charged to you will be the price in force at the time your order is placed. 

We reserve the right to modify or discontinue any product without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any product or service.

We reserve the right to cancel an order and provide a full refund in the event that a product has been discontinued or we do not have the stock available.

We may from time to time provide discounted products. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a minimum or maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

We offer visitors who want to purchase from our Site the option to pay for the products by credit card or such other method of payment as provided at checkout. You acknowledge and agree to make timely and full payments to us for the products purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products. 

We reserve the right to cancel any order where we suspect that there is fraud or other types of illegal or unauthorised activity.

RETURNS & REFUND POLICY

These Terms also include our Returns Policy which can be accessed here. 

SHIPPING POLICY

These Terms also include our Shipping Policy which can be accessed here. 

DIGITAL PRODUCTS

Where you download or purchase our Digital Products (such as a gift card), you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right to refuse to provide the products to you at any time for any reason.

After payment for your Digital Product has been confirmed, you will have the option to download it and all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the Digital Product after it has been downloaded.

Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.

REFUNDS FOR DIGITAL PRODUCTS

Due to the nature of Digital Products, any orders received and processed have a strict no refund policy. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will send the correct Digital Product or a revised download link at no extra cost.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us by means of electronic transmission. 

You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, your agreement will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

INFORMATION AND ADVICE

Any information provided on our Site, through blog posts, product descriptions or any other content, is intended for general informational purposes only and is not and is not intended to constitute or replace professional advice for individual or specific situations.   As an ecommerce business selling both physical and digital products, we are not licensed professionals and cannot be held liable for any reliance on the information we provide, either on our Site or through our products.

We do not accept responsibility for determining whether our products are appropriate for you. We reserve the right to deny service and refund the cost of that product for any reason, including where we believe that the product would be dangerous or not appropriate for you, or we believe that further professional advice should be sought. 

The sale of products on our Site or reference to any other products does not constitute endorsement or recommendation of those  products unless explicitly stated otherwise.

PRODUCTS

You agree to only use the products for their intended purpose and in accordance with any guidelines or directions (Guidelines) as set out on the packaging. Any use of the products by you outside of these Guidelines is at your own risk and you assume full responsibility for any loss or damage arising from such use.

Due to the custom-made nature of our products, what you receive may differ somewhat from the images that appear on our Site. By proceeding with your purchase, you acknowledge that these images are provided for illustrative purposes only.

Not for resale

Products made available on our Site are for personal use only (including any samples we provide). You must not sell or attempt to resell any products and/or samples obtained or purchased from us.

Storage and Handling

Please follow all storage and handling instructions provided with the products to maintain their condition and ensure safety.

Our products come with a six month warranty covering manufacturing defects. For warranty service, please contact customer support with proof of purchase, details of the issue, and any relevant photos or documentation.

 

FEEDBACK, COMPLAINTS AND DISPUTES

Feedback and Complaints Process

We are committed to ensuring your satisfaction with our products and services. If you encounter any issues or have concerns about your order, please contact us immediately so we can work to resolve them as quickly as possible. Should an issue not be resolved to your satisfaction while interacting with our customer service team, please follow this process:

Contact us:  Use our Contact Form or email us at bonjour@desirstudio.com to submit your feedback.  Please include:

• your name;

• your email address;

• Your order number;

• details of your concern or complaint; and

• details of what you would like us to do to resolve the matter.

Acknowledgement

We will acknowledge your complaint within 3 business days.

Resolution Timeline

We aim to resolve all complaints within 14 business days. If resolution within this timeframe is not possible, we will inform you and provide a clear explanation and an expected timeline for resolution.

Non-Disparagement

Both parties agree to refrain from publicly disparaging each other, including but not limited to posting negative feedback on social media or online review platforms, during and after the term of their agreement. Any dissatisfaction should be addressed through the dispute resolution procedure outlined in these terms.

If a party violates this non-disparagement agreement, the other party has the following options, at their discretion:

Initiate a dispute resolution process to amicably settle the disagreement; or

Pursue legal action to seek remedies, including but not limited to injunctive relief and damages, in accordance with applicable laws.

This ensures that any disputes are handled in a manner that respects these Terms and the rights of both parties.

Mediation

Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

We always appreciate interaction on our social media channels and feedback about our Site and our products. You may be invited to submit a review after you have made a purchase, or you can comment on our blog or interact with us via our social media channels. We love to hear from you! 

Where you do decide to submit such feedback, comments or content, you:

• warrant that you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);

• give us permission to post or otherwise use that feedback on our social media or other channels;

• waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with; 

• warrant that the content does not violate these Terms; and 

• warrant that you are at least 18 years old.

We reserve the right to remove a review or comment if it:

• contains libelous or otherwise unlawful, abusive or obscene material; 

• attacks our employees or another contributor; 

• contains material that discloses your personal information; or 

• is unrelated to the post or content that you have reviewed or commented on.

Our Site and social media channels may feature user reviews of the products as well as blogs by guest bloggers. These reviews and the content of the guest blogs in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger.

COMPETITIONS

We may from time to time run competitions through our Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.

TESTIMONIALS

On our Site, we present real life examples of and insights into other people’s experiences for illustrative purposes only. Any results personally achieved are due to the individuals’ unique situations. These testimonials demonstrate what can be possible, but are not intended to represent or guarantee that any current or future customers will achieve the same or similar results. 

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances: 

• use our Site or its content for any unlawful purpose, including to solicit others to perform or participate in any unlawful acts or violate any international, federal, or state regulations, rules, laws, or local ordinances;

• attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site; 

• hack into any aspect of the Site, corrupt data, or cause annoyance to other users; 

• infringe upon the rights of any person's proprietary rights; 

• send any unsolicited advertising or promotional material, commonly referred to as “spam”; or 

• attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

WARRANTIES AND DISCLAIMERS

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or our products or services including that:

• they are suitable, reliable, complete, secure, accurate or fit for any particular purpose; 

• access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or  

• there is no possibility of failure to store communications or other data.  

We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. 

Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. 

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, nothing in these Terms has the effect of contracting out of any applicable consumer protection law that cannot be excluded or our liability for death, personal injury arising from our negligence or for fraudulent misrepresentation. In no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability cannot be excluded but can be limited. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

 OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

BREACH AND TERMINATION

The agreement constituted between us by your use of our Site may be terminated where you breach any provision of these Terms, or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Site.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, said provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

CEASING OUR WEBSITE

We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT

We are permitted to assign or otherwise transfer our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign or otherwise transfer your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy) constitute the entire understanding and agreement between us and you in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

 

Last updated: 4 November 2024