Dropship Stores Downunder 

 

Welcome to our website. This website with URL address www.dropshipstoresdownunder.com is owned and operated by Ecommerce Commodities (621646053). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Dropship Stores Downunder’s relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

 

The term ‘Dropship Stores Downunder’ or ‘us’ or ‘our’ or ‘we’ refers toDropship Stores Downunder, the owner of the website, whose registered office is 621646053, New South Wales. The term ‘you’ or ‘your’ refers to the website user.

 

Your use of this website is subject to the following terms and conditions:

 

The content of this website is for your general information and use only. It is subject to change without prior notice.

This website uses cookies to monitor browsing preferences. If you allow cookies to be used, your personal information may be stored by us for use by third parties. The Data concerning the User is collected to allow the Application to provide its services, as well as for the following purposes: Analytics and Contacting the User. The Personal Data used for each purpose is outlined in the specific sections of this document. Detailed information on the processing of Personal Data Personal Data is collected for the following purposes and using the following services:- Analytics Data

 

– Newsletter Registration

Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control ofDropship Stores Downunder. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.

Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.

Your use of this website and any dispute arising out of your use of it is subject to the laws of New South Wales.

You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.

These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.

These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.

In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control

 

 

 

These website terms of use are provided by legalvision.com.au

 

Any ongoing support is a FREE extra and does not constitute any part of the Dropship Stores Downunder Starter Stores as a product. This includes, but is not limited to masterminds, email support, or members-only Facebook group support and are run at the discretion of Dropship Stores Downunder and may be changed, postponed, or canceled at any time.

 

 

Customers who have entered into a subscription or payment plan for any of our products, agree to pay each installment on the due date as agreed. Should more than two attempts to bill your nominated card on file occur, access to the product purchased will be suspended until the final payment has been made, once final payment is received access to the product will be reactivated. 

 

 

Ecommerce Commodities Pty Ltd, trading as Dropship Stores Downunder

 

Thank you for choosing Dropship Stores Downunder for your new online store. 

THIS AGREEMENT (the “Agreement”), is entered into as of the date of purchase between Ecommerce Commodities Pty Ltd (“The Company”) a New South Wales limited liability company, with a mailing address of: Suite 571, 41/464-480 Kent Street, Sydney NSW 2000 Australia, and; the Client

The Client and The Company agree as follows:

 

• The Services.
  
  

 The services provided by the company are detailed below:

Starter Store Sale Terms:

Our Starter Stores are developed to be a starting point, a way to get a headstart on the dropshipping journey. Although much of the work has already been completed and the ability to take the store live to the public is very close, there are still a few tasks to be completed by the customer which we will outline below. This is a business like any other and it requires hard work and dedication to take the store forward and make it a successful venture. 

The stores include the fully built out Shopify store, custom domain, artwork, hero images, low-resolution logo/favicon, all products pre-uploaded, and Aussie suppliers in place ready to take forward to start advertising... Plus 30 days website technical email support (NOT store operation or business coaching).

The purchase is of the website / Shopify store and domain ONLY we DO NOT offer financial and/or business structure advice moving forward, we suggest contacting your accountant or financial adviser if you need any and all guidance on these requirements.

All starter stores are sold as-is at the time of sale, any/all work on the store from this point is the sole responsibility of the customer, this includes but is not limited to: Theme customisation, product uploads/updating stock levels/updating pricing, shipping settings/terms, installation/integration of extra apps, installation/connection of extra marketing instruments/materials and updating relevant legal policies on the store. 

Whilst every effort is taken to ensure the accuracy of all the information/product information on the store at the time of sale, it remains the customer's responsibility to ensure the accuracy of said site/product information before opening the store to the public.

We use a genuine Australian dropshipping supplier (www.dropshipzone.com.au) for our products and each store and all prices on the store are set to the RRP set by the supplier at the time of sale, where the supplier does not set an RRP we will set the price of each item to have approximately a 30% profit margin. 

Although the application process is very straightforward, customers need to be an Australian resident and/or hold an ABN to apply for and attempt to be approved for an account with www.dropshipzone.com.au once the website has been transferred.

The customer will be required to select a Shopify plan immediately after taking ownership of the store and will be responsible for the payment of the said plan. Each store includes a pre-installed domain that has been registered for 1 year, the amount of time until the domain will need to be renewed will vary depending on when the store was completed and the subsequent purchase by the customer, following the sale it is the sole responsibility of the customer to ensure that the domain remains active. 

It is a condition of sale that the customer has/opens a GoDaddy account to receive the transfer of the domain, all efforts will be made to transfer the domain to the customer's GoDaddy account, we will not be held responsible if the customer fails to accept the transfer in the appropriate time and/or any loss of the domain because of this in the future. 

Setting up a custom email address is not included with the Starter Stores, we do provide instructions on the setup process, however, it is the customer's responsibility to set up their own custom email address.

The Privacy Policy and Terms of Services Agreement provided on the store are automatically generated by Shopify and are for informational purposes only and do not constitute legal advice. It is your option whether or not to use such terms and agreements. The information should be used as a guide and modified to meet your own individual needs and procedures and the laws of your jurisdiction. We strongly advise you to conduct your own review of whether your business and website would require compliance with specific policies and laws, including privacy laws, automatic renewal or subscription rules, sales tax rules. Your use of any information or policies generated By Shopify on your website is at your own risk. Ecommerce Commodities and any of its employees, contractors, or attorneys who participated in providing the information expressly disclaim any warranty. 

[Website, Niche Category & Products]

Dropship Stores Downunder builds websites in multiple niche categories. Given that product niches are finite, it cannot be guaranteed that each customers store in any particular niche has not already been sold previously, nor do we claim/promise that a new store in any niche category will not be developed and listed on the Dropship Downunder marketplace again in the future. We reserve the right to develop, list and sell stores in any niche category regardless of how my stores in that niche have been sold prior. We use one of the biggest Australian drop shipping suppliers for all the products on our stores, so it’s entirely possible the same product(s) will be listed on many other competitor's store(s). Although the supplier does offer different product lines from time to time, the stores we’ve built in the past, present, and future may have the same or similar product(s) listed.

Refunds & Returns: 
It is the sole responsibility of the customer to conduct any & all due diligence & research concerning the product niche and the viability of the niche in the marketplace BEFORE purchase. Once the Shopify store has been fully transferred to the client and ownership is confirmed, we will not accept requests for refunds or returns. All sales are final at this point. 

 

Client Requirements. 

Client agrees to provide the following items within 30 days of purchase with exception of item:

A. Accept admin invite to completed starter store, upon acceptance of invite client must change payment details (credit card) on the account to their own credit card prior to the trial period of the store ending. The client will be liable for any and all charges to the account after the invite has been sent to the client by the company.

B. Create a GoDaddy account ensuring all client business details are added, then provide the username and email for this account to The Company. Upon receiving a notification from the company that the domain has been transferred, the client must accept transfer of the purchased domain within 7 days.

C. Implement any and all shipping requirements, apps or 3rd party shipping integrations.

D. Non contact; After 30 days of no contact from Client to The Company, The company will assume Client is no longer in need of The Company’s services, and The Company may terminate the Agreement; in this event, all fees paid and unpaid will be due and collectable at the time of termination.

• Compensation and Payment.
  
  

1. Payment for starter stores must be paid in full unless otherwise previously agreed.
   
   

• Ownership of Materials. 
  
  The Company shall retain the creative rights to all original materials, data and similar items, produced by The Company hereunder in connection with the Services under this agreement. All services and software used by The Company shall at all times be the sole property of The Company and under no circumstances shall Client have any interest in or rights to the title to such materials, or software. Client acknowledges that The Company may use and modify existing materials for Client’s benefit and that Client holds no rights to such materials.
  
  

• Proprietary Information and Use of Materials.
  
  

• Except as provided elsewhere in this Agreement, all information disclosed by one Party to the other Party, shall be deemed to be confidential and proprietary (“Proprietary Information”). Such Proprietary Information includes, without limitation, information regarding marketing, sales programs, sales volume, sales conversion rates, sales methods and processes, sales proposals, products, services, vendors, customer lists, training manuals, sales scripts, telemarketing scripts, names of investors, and customer information, operating procedures, pricing policies, strategic plans, intellectual property, information about a Party’s employees and other confidential or Proprietary Information belonging to or related to a Party’s affairs. The receiving Party acknowledges and agrees that in any proceeding to enforce this Agreement it will be presumed that the Proprietary Information constitutes protectable trade secrets, and that the receiving Party will bear the burden of proving that any portion of the Proprietary Information was publicly or rightfully known and disclosed by the receiving Party. The Parties, their employees, subsidiaries, affiliates, agents, and assigns agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confidence and with not less than the same degree of care that they provide for their own confidential and proprietary information. The Parties warrant and represent that the degree of care contemplated herein is adequate and the Parties will take any and all steps reasonably necessary to preserve such Proprietary Information. 
  
  

• Nothing in this Agreement shall prohibit or limit the receiving Party’s use of information that can be demonstrated as: (a) previously known to the receiving Party, (b) independently developed by the receiving Party, (c) acquired from a third party not under similar non disclosure obligations to the disclosing Party, or (d) acquired through the public domain through no breach by the receiving Party of this Agreement.
  
  

• License. Client grants The Company a limited, non transferable, nonexclusive license to copy, use, store, set up, publicly display, publicly perform and transmit any trade names, trademarks, service marks, copyrights, content, text, images, software, functionality, page and other design and layout, media and other materials therein and solely in connection with creation of the Campaign and direct response marketing in accordance with this Agreement. Other than as specifically provided herein, the Parties, their employees, subsidiaries, affiliates, agents and assigns, shall make no disclosure of any Proprietary Information without the express written consent of the other Party. In addition, neither Party shall use the Proprietary Information for any purpose other than purposes related to their business relationship as laid out in this Agreement. In the event that the receiving Party is required by applicable law, rule, regulation or lawful order or ruling of any court, government agency or regulatory commission to disclose any Proprietary Information, the receiving Party understands that the disclosing Party may desire to seek an appropriate protective order or take steps to protect the confidentiality of such Proprietary Information. Consequently, the receiving Party agrees that it will provide the disclosing Party with prompt notice of such request(s).
  
  

• Portfolio Release. Client agrees that The Company has the right to use materials created pursuant to this Agreement for The Company’s portfolio, samples, self-promotion including advertising for The Company’s business including without limitation Facebook or Instagram, or any other social media platform. In the event Client wishes to exclude some specific materials from the release under this paragraph, or to limit the time period of such release, The Company and Client may agree in writing to such limitation.
  
  

• Remedies. The Parties acknowledge that the Proprietary Information exchanged is valuable and unique and that disclosure in breach of this Agreement will result in irreparable injury to the adversely affected Party, for which monetary damages, on their own, would be inadequate. Accordingly, the Parties agree the adversely affected Party shall have the right to seek an immediate injunction enjoining any such breach or threatened breach of the Agreement.

  

• Additional Services. 
  
  All services outside the scope of this Agreement that are requested by the Client and which The Company agrees to perform will be billed at a rate of $147 per hour. Client will be notified and must approve in writing (email is sufficient) additional services before they will be performed, although The Company may not necessarily be able to inform Client in advance of the total cost of such additional services. Client will also be given opportunity to purchase additional services at package rates, when deemed appropriate by The Company.
  
  
  

• Limitation of Liability. 
  
  The Company shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services. Client agrees that, in the event The Company is determined to be liable for any such loss, Client's sole remedy against The Company is limited to a refund of payments made by Client for said Services, less expenses paid to subcontractors or to third parties. The Company is not responsible for errors which result from faulty or incomplete information supplied to The Company by Client. Client also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. The Company shall not be liable to Client for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services.

 

• Handling of Disputes. 
  
  The Parties agree that any dispute regarding this Agreement, and any claim made by Client for return of monies paid to The Company, shall be handled in accordance with applicable State and Federal laws. Client agrees that, regardless of whether Client is ultimately successful in any credit card cancellation dispute, it is liable to pay The Company for the work already performed as of the time of the cancellation request, at an hourly rate of $147 per hour for all hours spent on Client’s project. The Company will provide Client with an itemization of hours spent within a reasonable time upon the request of the Client and payment will be expected in full within 30 days from the date such itemization is provided. If Client does not pay for such hourly work upon The Company’s demand and within 30 days, The Company reserves the right to initiate an action in court for breach of contract, regardless of the previous outcome of any credit card cancellation dispute. Additionally, if The Company is successful in any credit card cancellation dispute, The Company reserves the right to pursue Client for the costs The Company had incurred in disputing or defending such credit card cancellation, including but not limited to the lost business profits in the form of time The Company and its representatives spent handling such dispute, at The Company’s hourly rate of $147.
  
  
  

• No Guarantee. 
  
  The Company does not warrant or guarantee any specific level of performance or results. Example of results obtained for other clients of The Company may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results.
  
  
  

• Communications. 
  
  Client agrees the communication is to be via email only unless otherwise specified, the email address to use is: [email protected].  If the Client wishes to speak on the phone, the Client should send an email to The Company stating that you would like to schedule a phone call and The Company will work with the Client to arrange a time.  The Company’s office hours are 9am - 5pm AEST. The Company typically responds to email within 24-48 hours excluding weekends and standard public holidays. 
  
  
  

• Entire Agreement.
  
  This Agreement is the final, complete and exclusive Agreement of the Parties. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the Parties.
  
  
  

• Severability.
  
  If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect.
  
  
  
  
• Headings.
  
  The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement.
  
  
  

Interpretation and Enforcement. 

The parties understand and agree that the construction and interpretation of this Agreement is governed by the laws of the State of NSW, Australia. In the event that either party must initiate legal action to enforce this Agreement, the Parties agree that the proper venue for such action shall be the courts of the State of NSW, Australia.