Last Updated: Dec 2023
1. Introduction
Welcome to Dropship Australia ("us," "we," or "our"). By accessing or using our website [https://www.dropship.net.au/] (the "Service"), you agree to be bound by these Terms and Conditions. Please read these terms carefully before using our services.
2. Sale Terms
2.1 Refunds and Returns
All sales of pre-built Shopify stores and store enhancement plans on our website are final. We do not offer refunds. It is the customer's responsibility to review the store details or plan details and conduct due diligence before making a purchase.
2.2 Product Information and Stock Levels
We strive diligently to maintain accurate product information and stock levels on our store at the time of sale. In the rare occurrence of an item or items being temporarily out of stock, please be assured that our exceptional suppliers, with whom we have established long-term relationships, are working to replenish stock promptly. We have been collaborating with these suppliers for years, and their reliability is a testament to our commitment to quality. Nonetheless, customers are urged to verify this information, as with any store on the internet, continuous product availability is not guaranteed.
3. Store Enhancement Packages
3.1 Cancellation Policy
Our store enhancement packages , including website management and advertising plans, are an additional/optional service and do not have contracts and can be cancelled at any time by the customer.
3.2 Subscription and Plan Details
It is the customer’s responsibility to notify us if they wish to pause / cancel their website management or advertising plan.
By subscribing to these services, you agree to a monthly subscription that auto-renews on the same date as your initial payment each month.
Please note that ad spend is not included in our advertising plans. The ad spend budget is an additional cost, determined and covered by the client based on their preferences.
4. Income and Success
4.1 Dependence on Buyer's Efforts
Income, revenue, and profit from the purchased online store depend on various factors, including the buyer's time investment, initial and ongoing funds and drive for success. We are not liable for financial losses resulting from the operation of the business.
4.2 Guidance Disclaimer
We provide guidance to help you start your online business. However, personal research is essential to ensure financial stability after purchase. We are not liable for any loss resulting from running the business.
5. Website and Domain Purchase
5.1 Limitation of Advice
The purchase includes the website/Shopify store (including brand assets/content) and domain. We do not offer financial or business structure advice moving forward.
6. Newsletter Terms
6.1 Subscription Agreement
By providing your email address, you consent to receiving newsletters, blogs, tips, and updates from us. You can unsubscribe at any time via the unsubscribe button in our newsletters or through your account section.
7. Responsibilities of the Customer
7.1 Store Customisation
Starter stores are sold as-is at the time of sale. The customer is solely responsible for further customisation, theme adjustments, product updates, legal policy updates, and other store-related activities. Additionally, for those seeking a more tailored experience, our website management package is available, allowing for monthly customisation and support.
7.2 Accuracy Verification
While we strive to ensure the accuracy of all information/product information on the store at the time of sale, it remains the customer's responsibility to verify said information before opening the store to the public.
7.3 Responsibility After Store Transfer
Once the store is transferred, the new owner assumes full responsibility for its operation.
The business, including its registration, will be under the customer’s name. Dropship Australia will no longer have any affiliation with the store after the transfer is complete. This includes all operational, legal, and financial responsibilities, which are transferred solely to the new owner.
8. Shopify Plan and Domain
8.1 Plan and Domain Responsibilities
The customer must select a Shopify plan immediately after taking ownership of the store and is responsible for plan payments. The pre-installed domain is valid for one year, and the customer is responsible for renewing the domain following the sale.
9. Niche Categories, Product Listings, and Shipping
9.1 Unique Brand Development and Sales
We retain the exclusive right to create, showcase, and sell stores in various niche categories. Even in cases where similar stores may have been previously sold, rest assured that each brand we develop is unique and not duplicated. While product listings may intersect with other stores due to our shared dropshipping supplier, we guarantee the distinctiveness of your brand within the chosen niche.
9.2 Shipping Policy
As part of our commitment to customer satisfaction, we are pleased to offer free shipping on all our products. Our pricing structure is devised to include a profit margin that accommodates any potential additional shipping charges from the supplier. We recommend that customers conduct due diligence to verify shipping fees associated with their specific orders.
For those who choose not to offer free shipping, we advise the installation of a shipping Shopify app. This app facilitates the calculation of shipping costs during the checkout process, and customers are responsible for installing and configuring it accordingly.
It is crucial to note that while we strive for accuracy, we are not responsible for any losses incurred if the shipping fee, combined with the product price, exceeds the total amount listed on your website. Customers must exercise diligence to align product prices and shipping fees appropriately, ensuring a harmonious balance and preventing any discrepancies.
10. Refunds and Returns
10.1 Due Diligence
Refunds and returns are not accepted once the Shopify store has been fully transferred to the customer. Customers are responsible for due diligence and research concerning the product niche and viability before purchase.
Refunds for our store enhancement plans (Website Management Plan, Advertising Plan, Website Management + Advertising) are not accepted. Customers have the flexibility to cancel or pause their plans at any time. Our team will continue working on the store until the date the plan ends. There are no contracts associated with these plans.
11. Intellectual Property
11.1 Ownership
All intellectual property rights related to the website, its content, and the pre-built Shopify stores, including but not limited to trademarks, copyrights, and logos, are the property of Dropship Australia.
11.2 Document and Information Sharing
All documentation, guides, and supplier information provided to the customer after the purchase of a store are considered proprietary and confidential. These resources are intended solely for the customer's use in managing their store and may not be shared, copied, or used for any other purpose. Ownership of all intellectual property remains with the company, and any misuse may result in termination of services.
Sharing, distributing, or providing these resources to third parties is strictly prohibited. If such documents or information are shared, the customer may face termination of services and legal action for violating the confidentiality agreement.
11.3 Purpose of Store Purchase
By purchasing a store from Dropship Australia, the customer agrees that the intent is solely to operate the business in good faith and for legitimate business purposes. The store is not to be purchased for testing, experimentation, or any other non-operational purpose. Any misuse of the store, including but not limited to testing business models or using the store for purposes other than active business operation, will result in the immediate termination of services and may lead to legal action.
12. User Accounts
12.1 Account Responsibility
Customers are responsible for maintaining the confidentiality of their account information, including login credentials. Any actions taken through the customer's account are their responsibility.
13. Dispute Resolution
13.1 Arbitration
Any dispute arising out of or related to these Terms and Conditions shall be resolved through arbitration in accordance with the rules of the relevant arbitration body in your jurisdiction.
13.2 Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of NSW. Any legal actions must be brought in the relevant courts of NSW.
14. Indemnification
Customers agree to indemnify and hold Dropship Australia, its affiliates, and their respective officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the customer's use of the service.
15. Limitation of Liability
To the extent permitted by law, Dropship Australia shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.
16. Force Majeure
Dropship Australia shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to acts of nature, war, terrorism, pandemics, and governmental actions.
17. Entire Agreement
These Terms and Conditions constitute the entire agreement between the customer and Dropship Australia and supersede any prior agreements, whether written or oral, relating to the subject matter herein.
18. Privacy Policy
18.1 Privacy Policy
By agreeing to these Terms and Conditions, you acknowledge that you have read and agree to our Privacy Policy.
19. Termination of Services
19.1 Termination
We reserve the right to terminate services under certain conditions, including but not limited to a breach of these Terms and Conditions. Termination may result in the deactivation or deletion of your account and content associated with it.
20. Compliance with Laws
20.1 Legal Compliance
You agree to comply with all applicable laws and regulations in connection with your use of our services.
21. Communication
21.1 Communication
By using our services, you agree to receive communications from us, including emails, messages, and updates.
22. Amendments
22.1 Amendments
We reserve the right to update or modify these Terms and Conditions at any time. Changes will be communicated through the website, and continued use of our services constitutes acceptance of the updated terms.
23. Legal Review
23.1 Legal Advice
It is recommended that users seek legal advice to ensure compliance with local, national, and international laws regarding the use of our services and the contents of these Terms and Conditions.
24. Plain Language and Accessibility
24.1 Clear Language
We aim to present these terms in clear and understandable language. If you have any questions, please contact us at Dropship Australia.
24.2 Accessibility
These terms are easily accessible on our website. You can find a link in the website footer.
25. Acceptance
25.1 User Agreement
By using our website or making a purchase, users agree to be bound by these Terms and Conditions.
