DAYNTREk Terms & Conditions

The use of DAYNTREk Online is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this website indicates your acceptance of these Terms & Conditions. Your placement of an order indicates your acceptance of these Terms & Conditions.

These Terms & Conditions are intended to complement and not exclude, restrict or modify any rights or remedies you may have under applicable consumer protection laws, including the Australian Consumer Law, the Competition and Consumer Act 2010 (Cth) and applicable consumer protection laws in New Zealand, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986.

Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, restricted or modified.

DAYNTREK means Dayntrek Pty Ltd (ABN 68 356 575 846).

Our website is dayntrek.com.

General

By using dayntrek.com, you agree to comply with these Terms & Conditions and all applicable laws.

We reserve the right to update, modify or replace these Terms & Conditions from time to time. Any changes will be published on our website and will apply from the date they are published, unless otherwise stated.

Your continued use of the website following any changes to these Terms & Conditions constitutes your acceptance of those changes.

If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue to apply.

Accounts, Usernames and Passwords

If DAYNTREk authorises you to register for an online account, you are responsible for keeping your username, password and account information confidential.

You must not disclose your password to any other person or permit another person to use your account.

You are responsible for activity carried out through your account where that activity results from your failure to keep your account details secure.

You should notify us immediately if you believe that your account has been accessed or used without your permission.

We reserve the right to suspend or cancel accounts where we reasonably believe there has been unauthorised use, fraudulent activity, misuse of the website or a breach of these Terms & Conditions.

Marketing Communications

By subscribing to DAYNTREK marketing communications, you may receive information about our products, new releases, promotions, offers, events and other DAYNTREk activities.

Marketing communications may be provided by email, SMS and other permitted communication channels.

You can unsubscribe from marketing communications at any time by using the unsubscribe facility contained in our communications or by contacting us at admin@dayntrek.com.

Your consent to receive marketing communications is not a condition of purchasing products from DAYNTREk.

Our marketing communications will be handled in accordance with applicable Australian and New Zealand laws.

Mobile Terms of Service

The DAYNTREk SMS messaging service is operated by DAYNTREk (“DAYNTREk”, “we” or “us”).

By consenting to receive DAYNTREk SMS messages, you agree to receive recurring text messages from or on behalf of DAYNTREk at the mobile number you provide.

Messages may include product information, promotions, special offers, marketing communications, cart reminders, order-related communications and other messages permitted by applicable law.

You do not have to subscribe to DAYNTREk SMS communications in order to make a purchase. Participation in our SMS program is voluntary and your consent to receive marketing messages is not a condition of purchase.

Message frequency may vary. Your mobile carrier may charge you for messages or data according to your mobile plan. DAYNTREk is not responsible for charges imposed by your mobile provider.

You may opt out of DAYNTREk marketing SMS messages at any time by replying STOP or using any unsubscribe instructions provided in the message.

You may also contact us at admin@dayntrek.com for assistance.

We will process valid unsubscribe requests in accordance with applicable law.

For Australia, commercial SMS and electronic marketing communications are subject to the Spam Act 2003 and applicable requirements administered by the Australian Communications and Media Authority.

For New Zealand, commercial electronic messages are subject to the Unsolicited Electronic Messages Act 2007.

Our handling of your personal information in connection with SMS communications is also governed by our Privacy & Cookie Policy.

Product Information and Availability

We aim to ensure that product descriptions, images, colours, sizing information, prices and other information displayed on our website are accurate and current.

However, errors may occasionally occur.

Product colours displayed on your device may vary slightly from the actual product depending on your screen, device settings and other factors.

Some products, colours, sizes or styles may be unavailable or temporarily or permanently out of stock.

We reserve the right to correct errors, inaccuracies or omissions and to update product information at any time.

The availability of a product on our website does not guarantee that the product will remain available at the time you complete your purchase.

Pricing

All prices displayed on the DAYNTREk website are in Australian dollars (AUD) unless otherwise stated.

Prices displayed on our Australian website include GST where applicable.

Prices may change from time to time. Any price change will not affect an order that has already been accepted by us, except where an obvious pricing error has occurred.

We make reasonable efforts to ensure pricing information is accurate. If an obvious pricing error occurs, we may contact you before fulfilling the order to confirm whether you wish to proceed at the corrected price.

If we are unable to contact you, we may cancel the affected order and refund any amount paid.

Ordering Online

When you place an order through dayntrek.com, you are making an offer to purchase the products selected by you subject to these Terms & Conditions.

After placing an order, you will generally receive an order confirmation email acknowledging that we have received your order.

Receipt of an order confirmation does not necessarily mean that your order has been accepted or that a contract for the sale of the products has been formed.

We reserve the right to accept or decline an order for reasons including:

the product is unavailable;
there is an error in the product description or price;
we are unable to verify payment;
we reasonably suspect fraudulent or unauthorised activity;
the delivery information is incomplete or incorrect;
an order appears to be for unauthorised resale or commercial activity; or
other circumstances reasonably prevent us from fulfilling the order.

If we cancel an order after payment has been received, we will refund the amount paid using the original payment method where reasonably practicable.

We may limit the quantity of products that may be purchased by a customer or household where reasonably necessary, including where we suspect unauthorised resale or other misuse of our website.

B2B and Corporate Orders

DAYNTREk also supplies products and services to businesses, organisations and other commercial customers, including corporate uniforms, branded apparel, custom branding and other B2B requirements.

Additional terms, pricing, minimum quantities, artwork requirements, production requirements, delivery arrangements or payment terms may apply to B2B or corporate orders.

Where additional written terms are agreed between DAYNTREk and a business customer, those terms will apply to the relevant order in addition to these Terms & Conditions.

Unless otherwise agreed in writing, all B2B and corporate orders are subject to availability and confirmation by DAYNTREK.

Payment & Security

We use third-party payment providers to process payments made through our website.

By submitting an order, you represent that you are authorised to use the payment method provided and authorise the applicable payment provider to process the transaction for the amount of your order, including applicable taxes, delivery charges and other agreed charges.

If payment cannot be authorised, verified or processed, your order may be delayed, suspended or cancelled.

Payment information is handled through our payment providers and may be subject to their own terms and privacy policies.

We take reasonable steps to maintain appropriate security measures for our website and payment processes. However, no online transaction or transmission of information can be guaranteed to be completely secure.

Delivery

We aim to dispatch orders as soon as reasonably practicable following acceptance of the order.

Delivery timeframes displayed on our website are estimates only and may vary depending on location, availability, order volumes, carrier delays, weather, public holidays, peak shopping periods and other circumstances outside our reasonable control.

Where an order contains multiple products, we may make delivery in separate shipments where appropriate.

We will use the delivery information provided by you when placing your order.

Please ensure that your delivery name and address are correct before completing your purchase.

If you provide an incorrect or incomplete delivery address, please contact us at admin@dayntrek.com as soon as possible.

We will make reasonable efforts to update delivery information before an order has been dispatched, but we cannot guarantee that changes can be made after an order has entered our fulfilment process.

Risk and Delivery

We will use reasonable efforts to ensure that products are delivered to the address provided with your order.

If an order is delayed, lost or damaged during delivery, please contact us as soon as reasonably practicable so that we can investigate the matter with the relevant delivery provider.

Nothing in these Terms & Conditions limits or excludes any rights you may have under applicable consumer law in relation to delivery, loss, damage or defective products.

Returns and Refunds

Our returns, exchanges and refunds are governed by our DAYNTREk Returns & Refunds Policy, which forms part of these Terms & Conditions.

Our Returns & Refunds Policy sets out the requirements and process for returning products, requesting exchanges and obtaining refunds.

Nothing in our Returns & Refunds Policy or these Terms & Conditions limits or excludes any rights you may have under applicable consumer protection laws.

For Australian customers, consumer guarantees under the Australian Consumer Law apply automatically and cannot be excluded by our policies or Terms & Conditions.

For New Zealand customers, applicable rights under the Consumer Guarantees Act 1993 and other consumer protection laws also apply.

Consumer Guarantees

Our products come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms & Conditions is intended to exclude, restrict or modify these rights or any other rights that cannot legally be excluded, restricted or modified.

For New Zealand customers, products supplied by DAYNTREk are also subject to applicable consumer guarantees and protections under New Zealand law, including the Consumer Guarantees Act 1993.

Product Disclaimer

We make reasonable efforts to ensure that the information displayed on our website is accurate and current.

However, we do not warrant that the website, product descriptions, images, colours, measurements, sizing information, availability or other information will always be complete, accurate, current or error-free.

Product colours may appear differently depending on your computer, phone, tablet or other device.

Product measurements and sizing information are provided as a guide and may vary slightly between products and styles.

We may correct errors or omissions and update information on our website at any time.

Website Use

You must use our website lawfully and in accordance with these Terms & Conditions.

You must not:

use the website for an unlawful purpose;
interfere with the operation or security of the website;
attempt to gain unauthorised access to our systems;
introduce malicious code, viruses or other harmful material;
use automated systems to access or extract website content without our permission;
copy or reproduce website content other than as permitted by law;
use our website to conduct fraudulent activity;
impersonate another person or business; or
otherwise use the website in a manner that may damage DAYNTREk, our customers, our systems or our reputation.

We reserve the right to suspend or restrict access to our website where reasonably necessary to protect our business, customers, systems or website.

Intellectual Property and Copyright

All material on and relating to the DAYNTREk website, including text, photographs, graphics, logos, product images, designs, trademarks, trade names, artwork, videos, content and other materials, is owned by or licensed to DAYNTREk unless otherwise stated.

You must not copy, reproduce, modify, distribute, publish, transmit, sell, licence or commercially exploit any website content without our prior written permission, except to the extent permitted by law.

You may access, view and use our website and its content for personal and non-commercial purposes.

The DAYNTREk name, logo, trademarks, product names, designs and other brand assets may not be used without our prior written permission.

User Content

If you submit reviews, photographs, comments, feedback or other content to DAYNTREk, you agree that you have the right to provide that content to us.

You grant DAYNTREk a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display and communicate that content for purposes reasonably connected with our business, including marketing, advertising and promotional activities, subject to applicable law.

We reserve the right to remove or decline to publish content that we reasonably consider unlawful, misleading, offensive, defamatory, infringing or otherwise inappropriate.

You remain responsible for ensuring that content you provide to us does not infringe the rights of another person.

Privacy

Our collection, use and disclosure of Personal Information is governed by our DAYNTREk Privacy & Cookie Policy.

By using our website, you acknowledge that Personal Information may be collected and handled in accordance with that Privacy Policy.

Third-Party Websites and Services

Our website may contain links to third-party websites, applications, payment providers, social media platforms and other services.

Third-party websites and services are operated independently from DAYNTREk and may have their own terms and privacy policies.

DAYNTREK is not responsible for the content, availability, security or privacy practices of third-party websites or services that we do not control.

Limitation of Liability

To the maximum extent permitted by law, DAYNTREk excludes liability for loss or damage arising from your use of the website or your inability to use the website, except where such liability cannot lawfully be excluded.

Nothing in these Terms & Conditions excludes, restricts or modifies any liability, guarantee, right or remedy that cannot legally be excluded, restricted or modified.

Where the law permits us to limit our liability, our liability will be limited to the extent permitted by applicable law.

Nothing in these Terms & Conditions limits our liability for conduct that cannot lawfully be limited or excluded, including liability arising under applicable consumer protection laws where such limitation or exclusion would be unlawful.

Events Outside Our Control

We will not be responsible for delay or failure to perform an obligation where the delay or failure results from circumstances beyond our reasonable control.

Such circumstances may include natural disasters, severe weather, fire, flood, epidemic or pandemic, war, terrorism, industrial disputes, government restrictions, transport disruption, telecommunications failures, technology failures or other events beyond our reasonable control.

Where an event outside our reasonable control affects an order, we will take reasonable steps to communicate with you and minimise any resulting disruption.

Nothing in this section affects any rights you may have under applicable consumer law.

Fraud and Unauthorised Transactions

We reserve the right to cancel or refuse an order where we reasonably suspect fraudulent activity, unauthorised payment, abuse of promotional offers, misuse of our website or other unlawful activity.

Where an order is cancelled after payment has been received, we will refund the relevant amount using the original payment method where reasonably practicable, subject to any applicable legal requirements.

Ordering Online from Outside Australia and New Zealand

DAYNTREk currently operates primarily in Australia and New Zealand.

If you are located outside Australia or New Zealand and wish to purchase DAYNTREk products, please contact DAYNTREk directly to confirm whether we can accept and fulfil your order.

International orders may be subject to additional delivery charges, taxes, duties, customs requirements and other charges imposed by the destination country.

Unless otherwise agreed, any applicable customs duties, import taxes or other charges associated with an international order are the responsibility of the customer.

For international sales enquiries, please contact:

DAYNTREk
Dayntrek Pty Ltd
ABN: 68 356 575 846
Email: admin@dayntrek.com

International Sales

Customers located outside Australia and New Zealand may contact DAYNTREK Australia directly regarding product availability, orders, delivery and other enquiries.

DAYNTREk Australia

Dayntrek Pty Ltd
ABN: 68 356 575 846
Email: admin@dayntrek.com
Website: dayntrek.com

Governing Law

These Terms & Conditions are governed by the laws applicable in Australia, without excluding any mandatory consumer protection rights that apply to customers in New Zealand or elsewhere.

For customers in Australia, these Terms & Conditions are subject to applicable Australian laws, including the Australian Consumer Law.

For customers in New Zealand, nothing in these Terms & Conditions is intended to exclude or limit rights that apply under mandatory New Zealand consumer protection laws.

Changes to These Terms & Conditions

DAYNTREk reserves the right to make changes to the website and these Terms & Conditions from time to time.

Any changes will be published on our website.

Your continued use of the website following publication of amended Terms & Conditions constitutes acceptance of the amended Terms & Conditions to the extent permitted by law.

We encourage you to review these Terms & Conditions periodically.

Contact Us

If you have any questions regarding these Terms & Conditions, your order, our products or any other matter relating to DAYNTREk, please contact:

DAYNTREk