TERMS AND CONDITIONS

The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. If you do not agree to any terms and conditions of this agreement, you should not use this Website. Upon your submittal of any purchase order to www.decreate.com.au. you will be asked to confirm your acceptence of all the terms and conditions set out below via a check box . These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by www.decreate.com.au.

By registering an account on www.decreate.com.au. you grant us the right to add your contact details to our database. You can easily be removed by logging into your account and deleting it.

www.decreate.com.au. reserves the right to make changes to this site and these terms and conditions at any time. We will endeavor to alert you to any significant changes to this Agreement next time you log into your account or the next time you use the website and or mobile application, but we are under no obligation to do so. You should regularly check our agreements, terms and conditions, Policies and prices for changes and the most up to date versions.

 

1. REGISTRATION AND PERSONAL INFORMATION

When browsing our web pages we will use “cookies” and session data to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

When making a purchase via our website, we will require personal information such as your name, address, contact numbers and e-mail address and in providing such information you will be presented with 2 options.


a) To use the Guest account – Doesn’t retain customer details and your details will only be used for this transactional purchase and related correspondence. You will not be able to update your delivery address or obtain details about the fulfilment of your order.

b) Set up an Account and become a member – Allows customer’s easy access when visiting the site in future by saving Personal information for ease of use during future visits to that website. Your details will be held securely on dedicated servers. You can also update your details at any time and easily review the status of your order. Your details will also be used to contact you about offers and new products, if you wish to be removed from such correspondence you can unsubscribing via a link and we will remove you from marketing communications.

We will also require you to use the tick box in consent and warrant that:

i) you are at least 18 years of age or have parent/guardian approval to use or purchase from this site?
ii) you possess the legal right and ability to enter into a legally binding agreement with us.
iii) you will use this Website in accordance and agreement of the terms and condition and policies set out on this website.

Please refer to our Privacy Policy for the use and safety of your personal information.

2. ORDER ACCEPTANCE / DECLINE / PROCESSING POLICY

a) Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.

b) We reserve the right at any time after receipt of your order to accept or decline your order for any reason.

c) We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

d) Products in your cart are not reserved even when the checkout process is complete and your payment is received in full.

e) Orders may be cancelled for reasons including but not limited to, product being out of stock, error during the order process, pricing, product description, product image or errors on the webpage.

f) We may also require additional verifications or information before accepting any order.

g) Payments of cancelled orders will be refunded back at the same amount and by the same method that payment was received, please refer to our refund policy for further details. We will not be liable to you for any other loss, including but not limited to, additional costs associated with you purchasing the product elsewhere at a higher price, delivery or other charges you may incur.

h) www.decreate.com.au. is selling to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by www.decreate.com.au.

i) All orders placed must obtain pre-approval with an acceptable method of payment confirmed or clear from fraud by our credit department.

j) Once your details and payment has been confirm the products will be dispatched within 48 hours working days or for Customized orders between 7 and 10 days.

k) We would advise that you review all purchase(s) carefully before completing the checkout process as once an order is confirmed, you will be unable to cancel or change it. Amendments after the order has been shipped will need to go through the normal returns process, please refer to our returns policy for further details. Please note that change of mind, don’t like or no longer want the product returns are not permitted under these terms and conditions. As a general rule, we will not change or replace your order where you have made an error. Should this be agreed, it will be at our absolute discretion.

l) www.decreate.com.au. will decline any orders for delivery outside of Australia. We will only ship to customers within Australia as other countries have their own designated Websites, pricing and terms and conditions as governed by the laws applicable to that couny.

3. DELIVERY

a) The delivery times provided by www.decreate.com.au. are estimates only and factors (some of which are beyond our control) can affect timeframes.

b) www.decreate.com.au. will not be held accountable for late deliveries or loss or damage relating to late deliveries.

c) In the event that multiple items are ordered, part deliveries may be made where stock is not available.

d) Please ensure you enter the correct delivery address. www.decreate.com.au. cannot be held responsible for incorrectly entered delivery addresses.

e) We reserve the right to use a designated transport company of www.decreate.com.au. choice unless selected and paid for when placing the order. Your Personal details will be forwarded to these Third Party companies so we advise you read our Privacy Policy before completing your order.

f) All reasonable attempts to notify you of any changes will be made using the details you provide during the order process.

 
4. ACCEPTANCE OF GOOD

The buyer will be required to sign for delivery of the product and in doing so accepts that the items received are correct and in new condition. It is the buyers responsibility for inspecting the goods for fault at the point of delivery and notifying us within 7 days of receiving the goods should there be a fault with the product and will need to go through the normal returns process please refer to our returns policy for further details.

 
5. CHANGE OF ADDRESS

www.decreate.com.au. cannot be held responsible for an incorrect address being entered on your order. Address Confirmation is given on the review & buy page in the checkout section of the site. If this is not noticed until after your order is finalised, please contact Customer Service immediately. We will attempt to update any incorrect order details, however due to the fast turnaround of our warehouse, some orders cannot be adjusted. In the case that your order is processed and cannot be updated you will need to go through the normal returns process, please refer to our returns policy for more information.

6. INTERNATIONAL CUSTOMS CHARGES

While www.decreate.com.au. does not ship internationally we may occasionally be required to direct traffic through our website. Therefore some orders may incur a customs or import duty charge. www.decreate.com.au. do not have any control over these charges or are unable to advise what they will be, as it is based on your own countries regulations & compliances. For further information, please contact your local customs office.

a) All charges are to be paid by the customer on delivery of order.
b) Orders cannot be returned to sender
c) www.decreate.com.au. will never pay these customs charges on your behalf.
d) If you refuse to pay these charges your parcel may be abandoned
e) www.decreate.com.au. will not be held responsible for any loss of funds as a result of this occurrence.
f) A tax invoice will also be sent with your products for Customs to identify the products and charges.
g) We cannot mark International orders as a gift in order to bypass or reduce any customs fees. This is an illegal practice and as an established business we will not do this.

 
7. PRICING AND PAYMENT

Prices are subject to change without notice. The pricing of our products may change from time to time and we advise you to check for the most recent and up to prices that will be showing on our website at that time.

 a) All prices of products, delivery and other charges are in Australian Dollars and will include GST where Applicable.
b) All payments will be made to the Australian dollars price and payments made from an overseas institution may vary due to that dates exchange rate. www.decreate.com.au. will not be held responsible for any loss or charges as a result of this occurrence.
c) All payments must be received in full prior to dispatch
d) Payment options and details of accepted credit cards are advised at the point of making payment, check out and when verifying your order and accepting the terms and conditions of the purchase.
e) There may be duties and taxes added to your package by the destination country should we be required to ship Internationally that you will be responsible for, upon delivery and are not included in your order total.
f) If payment is declined or we do not receive your payment, the order will be declined. We cannot hold the products requested and may be ordered by another. We therefore cannot guarantee that the product will be available should you try to order it again.

 
10. PROMOTIONS, DISCOUNTS AND VOUCHER REDEMPTION

www.decreate.com.au. may from time to time run promotions, events, competitions, offer discounts or Free Items with certain purchases. These will be offered at our absolute discretion and we cannot be held responsible if notifications of such offers are not distributed. We may however use marketing means to promote such offers through our Media Channels and your personal details may be used as mentioned in Clause 1 to notify you of such offers. We recommend you read our privacy policy for further information on the use of your personal information.

 
11. WARRANTIES

All Decreate Design are guaranteed against defects in materials and workmanship for a period of 120 days from the date of purchase. This means that Decreate Design will repair or replace, at our discretion, any Penny Skateboard product that is defective. This is the only condition covered by Penny Skateboard’s warranty.


a) No other warranty is expresses or implied.
b) The warranty does not cover breakage due to wear and tear, improper installation of components, wrong foot positioning while landing tricks or intentional breakage.
c) The warranty does not cover normal wear and abuse. This includes nose/tail wear caused by dragging on the ground while riding the board, edge chipping from impact or dropping of board and warping due to exposure to heat, sun, cold or other elements.
d) Neither the seller nor the manufacturer shall be liable for any injury, death, loss or damage, direct or consequential arising out of the use or inability to use this product. Before use, the user must determine the relevant product for their needs before use and assume all risk and liability whatsoever in connection therewith.
e) You must make a claim within 7 days from the date that the Customer receives the Product.
f) Claims must be made in writing with details of the original purchase date, order number, name, address contact details etc. and accompanied by photo evidence of which the claim is being made to our Customer Care team on the contact details below and they will provide instructions and a resolution if possible to your claim within 48 hours working days.
g) You will bear any costs associated with claiming the warranty including postage and transit insurance costs.
h) Nothing in this deed is intended to limit any rights of the Customer under the Competition and Consumer Act 2010 (Cth)
i) If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by www.decreate.com.au. in connection with this deed and www.decreate.com.au. liability for failing to comply with that guarantee cannot be excluded but may be limited, the content of the ‘Exclusion’ section will not apply to that liability and instead of our liability for such failures that are limited to (at www.decreate.com.au. election), in the case of a supply of goods, replacing the goods, supplying equivalent goods, repairing the goods, or in the case of a supply of services, www.decreate.com.au. supplying the services again or paying the cost of having the services supplied again.
j) 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.

Please refer to our Warranty Policy for full details.

 
12. CHANGES TO THE WEBSITE

We aim to provide our users with the best experience possible when visiting our website.

 a) In doing so we may, without notice, change functionalities, including but not limit to, layout, service provider, products, transport companies, pricing etc. at any time.
b) We cannot guarantee that you will be able to access the same functionalities that you may have been able to access on previous visits to our Website should these changes be made.
c) In accepting these Terms and conditions, you are also consenting that should changes require the transfer of all data collected via the website including any personal information between service provider(s), that www.decreate.com.au. is free to do so without notice.

 
13. LIABILITY

a) www.decreate.com.au. is not liable for any losses or damages caused by this website or any website linked to or from this website.
b) The Website may be unavailable from time to time and we cannot guarantee its use without faults, disruptions, or interruptions to the site.
c) Nothing in this deed is intended to limit any rights of the Customer under the Competition and Consumer Act 2010 (Cth)
d) If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by www.decreate.com.au. in connection with this deed and www.decreate.com.au. liability for failing to comply with that guarantee cannot be excluded but may be limited, the content of the ‘Exclusion’ section will not apply to that liability and instead of our liability for such failures that are limited to (at www.decreate.com.au. election), in the case of a supply of goods, replacing the goods, supplying equivalent goods, repairing the goods, or in the case of a supply of services, www.decreate.com.au. supplying the services again or paying the cost of having the services supplied again.
e) Any claim by the Customer against www.decreate.com.au. for loss or damage however caused (including by the negligence of www.decreate.com.au.), suffered by the Customer in connection with:
i) a shortfall in the number of Products delivered in an order must be made within 7 days of the date that order is delivered to the Customer and any such claim not made within 7 days is absolutely barred; and
ii) a defective Product must be made within 7 days of the date that the Customer receives the Product and any such claim not made within 7 days of that date is absolutely barred.
f) www.decreate.com.au. is not liable for:
i) any errors, mistakes or inaccuracies due to photographic or screen limitations associated with the images and representation of that item that may differ from the website to the actual product, including but not limited to color or size.
ii) Personal injury or property damage as a result of your use of our website
iii) Any unauthorised access to your account or personal and financial information should someone other than yourself as the account holder gain access to our site or secure servers with your login and password details.
iv) any virus’s or harmful code that may cause damage to any property that may be transmitted from any Third Party Websites that have been accessed as links from our Website.
v) We have no control over third party Websites, and assume no responsibility or Liability for the content, policies, practices or transactions you and any third party may be involved in, including access to their website from links or banners attached on www.decreate.com.au.
g) In accepting these terms and condition, you agree to accept sole responsibility for the legality of your actions during your use and purchases made viawww.decreate.com.au. under the laws which apply and that www.decreate.com.au. have no responsibility for the legality of your actions.

 
14. COPYRIGHT AND TRADEMARK NOTICE

This site is owned and operated by Decreate Design.

 a) Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Decreate Design.
b) All software used on the site is the sole property of Decreate Design or those supplying the software.
c) You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.
d) No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Decreate Design prior written permission. All rights not expressly granted herein are reserved.
e) Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 
15. RETENTION OF TITLE

All Products provided by www.decreate.com.au. to the Customer under this deed remain the property of Decreate Design until you have paid all money due to www.decreate.com.au. in full. Should Payments not be received, declined, withdrawn or be investigated for fraud, the products remain the property of Decreate Design and we may take whatever means are deemed necessary to recover such products.

a) Security interest – You acknowledges that this deed creates a security interest under the PPSA in the Products and any other products to be supplied in the future and consents to www.decreate.com.au. affecting a registration on the PPSA register in relation to any security interest contemplated by this deed. You agree to pay all costs, expenses and other charges incurred, expended or payable by www.decreate.com.au. in relation to the filing of a financing statement or financing change statement in connection with this deed.
b) You must not charge the Products in any way or grant or otherwise give any interest in the Products while they remain the property of Decreate Design, nor allow any third party to acquire a security interest in the Products.
c) If you fails to comply with any obligation under this deed, then without limiting the remedies available to Absolute:
i) upon request by www.decreate.com.au., you must return all Products including all accessories and documentation in the original packaging for the products to which payment has not been received
ii) you authorise www.decreate.com.au. and any person authorised by www.decreate.com.au. to enter premises where the Products may be located to take possession of the Products; and
iii) Absolute may retain, sell or otherwise dispose of the Products
d) You agree to the extent permitted under the PPSA, that you have no right:
i) to receive notice of removal of an accession under the PPSA;
ii) under Chapter 4 of the PPSA; or
iii) under the PPSA to receive a copy of any verification statement or financing change statement under the PPSA.
e) The Customer must unconditionally ratify any actions taken by www.decreate.com.au.

Ownership of the product only passes to the customer when www.decreate.com.au. has received and have cleared funds for the purchase of their products. Risk of the Product, such as loss or damage passes to the customer from the point of delivery and for the duration the product is in the customer’s possession.

 
16. PRIVACY AND CONFIDENTIALITY

The security of the information provided you on www.decreate.com.au. is important to us and we will take reasonable technical and organisational precautions to prevent the loss, misuse or interference, and from unauthorised access, modification or disclosure of your personal information. For Further details please refer to our Privacy Policy.

 
17. INDEMNITY

The Customer is liable for, and indemnifies www.decreate.com.au. from and against, all loss or damage (including without limitation legal costs) incurred, suffered or caused in connection with:

a) any use of the Products other than in accordance with the direction set out by www.decreate.com.au.;
b) any breach of this deed by the Customer;
c) personal injury or death of any person
d) damage to property

 
18. LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that www.decreate.com.au. is not responsible and has no control over, and assumes no responsibility for the content, privacy policies, terms or practices of any third party sites or services. We strongly advise you review the policy for each site you are visiting.

 
19. CONTACT

E-Mail: info@decreate.com.au
Post: Rear of 268-270, Waverley, NSW, Australia, 2024