Sale Terms and Conditions


1. ABOUT THESE TERMS OF SALE

1.1 These Terms of Sale (“Terms”), together with the Phoenix Dream Account Terms of Service, set out the terms and conditions that will apply when you place an order through Phoenix Dream operated web shops.

If you are unable to understand, or have any questions about these Terms please contact Phoenix Dream. You will be required to confirm that you have read and accept these Terms before you submit an order to Phoenix Dream. Please note that these Terms are subject to change so review and save or print a copy of the current terms and conditions prior to each order that you submit.

1.2 Company information

Phoenix Dream Ltd

PO BOX 1271

Waverley Gardens

VIC 3170

Australia


Pre-order products are sold and delivered to you by Phoenix Dream. In connection with the sales of pre-order products, Phoenix Dream will collect the orders and payments for pre-order products

The other products available through the web shops are sold and delivered to you by Phoenix Dream.

1.3 These Terms do not affect your legal (statutory) rights under your applicable national laws relating to the sale of consumer products.

1.4 The sales contract may be concluded in English language.


2. Returns and Refunds of the product

2.1 Returns / refunds:

Refunds in case of a faulty product: If you wish to return for a refund a product that is delivered to you by Phoenix Dream which is faulty or otherwise damaged when you receive it, or which does not correspond to the description on the web shop, you can do so in accordance with and pursuant to Return Policy within 7 days of receiving the product. This term does not apply to exchanges or to product which develops a fault after you receive it.;

Refunds for non-faulty merchandise: You may not cancel an order delivered to you by Phoenix Dream.

2.2 Order tracking: Tracking for your order may be available as separately informed by Australia Post.


3. ORDER AND ACCEPTANCE

3.1 Each order submitted constitutes an offer to purchase products. Orders are subject to Phoenix Dream’s acceptance and may be refused at Phoenix Dream’s discretion, for example in cases where:

orders cannot be processed due to an error in information you have provided;

there is an error on the web shop relating to the products that you have ordered, for example an error relating to the price or description of the product as displayed on the web shop; or

the products that you have ordered are no longer available through the web shop.

3.2 After Phoenix Dream receives your order, you will receive an email confirming receipt of your order. If you do not receive an email, contact Phoenix Dream before you try to place another order for the same product.

3.3 You will receive an email when your order is being dispatched confirming that your order has been accepted.

3.4 If you have any questions, comments or concerns regarding Phoenix Dream’s order acceptance policy, or if you consider that your order was rejected in error, please contact Phoenix Dream.


4. PRODUCT AVAILABILITY

Phoenix Dream will have the right, at any time, to make changes to information about products displayed on the web shops, for example information about prices, description or the availability of products and Phoenix Dream may do so without first giving you notice of the changes. Phoenix Dream will not, however, make any changes to the price, availability or description of any product after an order has been accepted.


5. CUSTOMER INITIATED ORDER CANCELLATIONS AND CHANGES

You can make changes to or cancel your order at any time before your order has been processed. To make changes to your processed order, please contact Phoenix Dream. If your order has already been dispatched, (i) for the pre-order products you will be able to request a refund of the product as separately informed by Phoenix Dream, and (ii) for other products you will only be able to request a refund of the product: please see Return Policy.


6. ORDER TRACKING

For other than pre-order products, you can track the progress of your order by logging into your Phoenix Dream’s account. For pre-order products, the order tracking may be available as separately informed by Phoenix Dream.


7. DELIVERY

7.1 In some cases some products might not be available for all countries. You will be informed of any such territorial restrictions before you can purchase the product.

7.2 Shipping and handling charges will depend on the value of your order and the country to which the product is being shipped. Any customs duties or tariffs that may be imposed on the deliveries will be paid by you.

7.3 Any delivery dates provided to you in connection with your order are estimates. Although the aim is to provide you with as accurate estimates as possible, Phoenix Dream cannot promise that they are accurate.

7.4 Phoenix Dream reserve the right to deliver the ordered products in separate shipments.

7.5 Product that is delivered to you will become your property at the time that you receive it provided that Phoenix Dream has received full payment for the product. As soon as Phoenix Dream has delivered the product to you, you will become responsible for it and for any loss or damage to it thereafter.


8. PRICES AND PAYMENT

8.1 The product price is always the price indicated in the web shop when you place your order. The price includes GST.

8.2 Products and their postage are paid in conjunction with the order. The available payment methods are displayed in connection with the product order form in the web shop. Online payment methods are provided by PayPal.

PayPal

Business ID: R.C.S.Luxembourg B 118 349

22-24 Boulevard Royal

L-2449, Luxembourg

8.3 Payments by credit and debit cards:

If you would like to pay by credit or debit card, PayPal will act solely of the respective payment method and will provide the payment confirmation to the customer


9. RETURNS / REFUNDS

9.1 Refunds or exchanges in case of a faulty product

If you wish to exchange or return for a refund a pre-order product which is faulty or otherwise damaged when you receive it, which does not correspond to the description on the web shop, or which develops a fault after you receive it, you can do so in accordance with and pursuant to applicable law and as separately informed by Phoenix Dream.

If you wish to exchange or return for a refund a product that is sold and delivered to you by Phoenix Dream which is faulty or otherwise damaged when you receive it, which does not correspond to the description on the web shop, or which develops a fault after you receive it, you can do so in accordance with and pursuant to applicable law and Return Policy.

This provision does not set-aside your mandatory legal rights in this respect.

9.2 Refunds for non-faulty merchandise

 You can exercise the right to cancel an order for pre-order product in accordance with and pursuant to applicable law and as separately informed by Phoenix Dream.

You can exercise the right to cancel an order for product sold and delivered to you by Phoenix Dream within seven (7) days from the date that the product is received in accordance and pursuant to the terms of Return Policy.


10. LIABILITY TO YOU

10.1 Phoenix Dream will not be liable to you under a contract for:

any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill;

any loss or corruption of or damage to data; or

any loss or damage which was not a reasonably foreseeable result of either breach of a contract or breach of legal duty of care.


11. PERSONAL INFORMATION

When you create, your Phoenix Dream Online Shop account and place an order through the web shop, you will be providing Phoenix Dream with your personal information. You agree that Phoenix Dream will use your personal information to process your order and for the delivery of the products ordered and for other limited purposes. Phoenix Dream’s collection and use of your personal information will be carried out subject to the terms of our Privacy policy.


12. GENERAL TERMS

The contract for sales of pre-order products will be solely between you and Phoenix Dream and is governed by the laws of Australia.

If any provision of a contract is not valid or legally enforceable, that term will be deleted and the remaining terms will not be affected.


13. CONTACT PHOENIX DREAM

If you have any questions about these Terms, please contact Phoenix Dream by submitting a request for Phoenix Dream Service and Support.