Dignified Cremations is a registered brand ABN 78 009 661 849. The following Terms, together with our Privacy Policy apply to your access to and use of our website and the supply of goods and services ordered via our website. By ordering goods and services via our website, you acknowledge that you have read, understood and agree to be bound by these Terms and the other documents referred to.

Buyers

You may buy goods and services offered online by us by completing the order form available on our website. To buy goods and services via our website, you must be at least 18 years of age.  By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.You agree to deal with us in good faith and in compliance with all applicable laws.  We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged.  If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account or refund in cash or by EFT the amount charged, less charges for services already performed and applicable taxes and duties, at our discretion.

Orders

Once you submit an order, you cannot cancel it.  All orders are subject to acceptance by us, at our discretion.

Prices

All prices are in Australian dollars. Prices include GST unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable.  All prices are subject to change without notice.

Payment

The full payment for your order for goods and services will be deducted from your credit card before the completion of your order. Delivery will commence once all documents have been signed and payment has been processed/validated. We accept payment by Visa or MasterCard. Credit card details are processed using at least SSL 128 bit encryption and are not stored by us.

If paying by EFT, delivery of goods and services will not commence until receipt of payment has been confirmed

Errors

From time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available.  Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged.  If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account or refund in cash or by EFT the amount charged.

Availability

All goods are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged.  If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.

Damage

If you receive any goods in a damaged condition, we may issue you a credit in the amount paid for the goods or send replacement goods at our discretion if you notify us within 7 days of the delivery date.  We may ask you to provide proof of the damage, as a condition of refund or replacement.

Risk

Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms.

Title

Goods ordered by you remain our property until you pay for them in full.

Product warranties

To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded.  Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at our option.

Returns and Refunds

In addition to your statutory rights, if you change your mind we will happily exchange or refund your item/s providing the following conditions have been met:

• The item/s are returned within 30 days of the purchase date and the original sales receipt is present.
• Item/s must be in original condition as purchased, with all labels/tickets attached.
• Urn must never had had cremains, ashes or any other contents placed in the items
• Personalised items may not be returned

Please contact Dignified Cremations on 1800 11 33 55 for details regarding where returns/exchanges can be sent to.
If you return items to us that do not comply with the above requirements, we will return them to you at your cost.

Limitation of liability

To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of goods or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$5.00.

Indemnity

You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by us.

Contacting us

You can contact us using any of the following methods:

By calling 1800 11 33 55 (Australia only) between 9am – 5pm Australian EST Monday to Friday, excluding public holidays;

By emailing us at info@dignifiedcremations.com.au

Notices to you

We may notify you by email or by other reliable method to an address or using contact information previously provided by you.

Excusing events

You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.

Entire Agreement

These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.

Alterations

We may alter these Terms from time to time by posting the altered version on our website. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to goods and services ordered via the website after the alteration takes effect.

Applicable law

These Terms are governed by the law of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and its appellate courts.  The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention 1980) does not apply.

Last updated 22/11/2016