Terms of service
OVERVIEW
Welcome to Dreamery! The terms "we", "us" and "our" refer to Dreamery Australia Pty Ltd (ABN: 27 695 770 944). Dreamery operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Dreamery is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Nothing in these Terms limits your rights under the Australian Consumer Law (ACL), including your statutory guarantees relating to acceptable quality, fitness for purpose, and accurate descriptions.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
Medical Disclaimer: Any information provided on the Services, including regarding our sleep accessories, patches, and mists, is for general informational and lifestyle purposes only. Our products are not medical devices and are not intended for medical use, disease prevention, or management of any medical condition or sleep disorder. You should consult with a healthcare professional before using any new wellness products, especially if you have a pre-existing medical condition.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Dreamery reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Dreamery confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Dreamery may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange in accordance with our Refund Policy and your rights under the Australian Consumer Law.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 — PRICES AND BILLING
All prices are displayed in Australian Dollars (AUD) and include GST unless otherwise stated. Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
Subscriptions: If you enrol in a recurring subscription plan, you authorise us (and our third-party payment processors) to automatically charge your payment method on a recurring basis at the stated frequency until you cancel. You may cancel your subscription at any time through your account portal or by contacting us at admin@dreamery.com.au.
SECTION 5 — SHIPPING AND DELIVERY
Orders are typically processed within 1–3 business days of payment confirmation (Monday to Friday, excluding public holidays). You will receive a confirmation email with tracking information once your order has been dispatched.
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, risk of loss generally passes to you; however, this does not affect your rights under the Australian Consumer Law if goods are lost or damaged in transit.
If your order does not arrive within a reasonable timeframe, please contact us at admin@dreamery.com.au and we will work with you to resolve the matter.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Dreamery Australia Pty Ltd, its affiliates or licensors and are protected by Australian and international copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent.
Dreamery's names, logos, product and service names, designs, and slogans are trademarks of Dreamery Australia Pty Ltd or its affiliates or licensors. You must not use such trademarks without our prior written permission.
SECTION 7 — OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Dreamery Australia Pty Ltd is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Dreamery Australia Pty Ltd. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Dreamery, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Dreamery.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available at www.dreamery.com.au/policies/privacy-policy. We comply with the Australian Privacy Act 1988 and the Australian Privacy Principles (APPs). Certain personal information may also be subject to Shopify's Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you.
SECTION 11 — FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
You are solely responsible for any Feedback you make and its accuracy. We reserve the right to remove Feedback that we determine in our sole discretion to be unlawful or offensive.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose; (b) to violate any applicable Australian federal, state or territory laws, regulations, rules, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (g) to impersonate or attempt to impersonate any other person or entity; or (h) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use any robot, spider, scraping, data gathering and extraction tools, or automated means to access the Services without our prior written consent; or (e) interfere with, bypass, or circumvent the security or authorisation features of the Services.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 — AGENTS
No software or service (an "Agent") may access or interact with Services unless it identifies itself and operates in strict accordance with the requirements to respond truthfully and not circumvent security measures. Agents must identify themselves in all HTTP/HTTPS requests and must not mimic human behaviour or bypass any measures intended to distinguish computer use from human use.
SECTION 15 — TERMINATION
We may terminate this agreement or your access to the Services in our sole discretion at any time without notice. Provisions that by their nature should survive termination will continue to apply.
SECTION 16 — DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY DREAMERY, OR AS REQUIRED BY THE AUSTRALIAN CONSUMER LAW, THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND.
Nothing in this section excludes, restricts or modifies any consumer guarantee under the Australian Consumer Law that cannot be excluded by agreement.
SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY THE AUSTRALIAN CONSUMER LAW, DREAMERY AUSTRALIA PTY LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
Where our liability cannot be excluded under the Australian Consumer Law, our liability is limited to, at our option: replacement of the goods; supply of equivalent goods; repair of the goods; payment of the cost of replacing or repairing the goods; or refund of the amount paid.
SECTION 18 — INDEMNIFICATION
You agree to indemnify and hold harmless Dreamery Australia Pty Ltd and Shopify from any claims arising out of your breach of these Terms or your use of the Services.
SECTION 19 — SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, such provision shall be severed from the Terms without affecting the validity of the remaining provisions.
SECTION 20 — ENTIRE AGREEMENT
These Terms of Service and any policies posted by us constitute the entire agreement between you and us, superseding any prior agreements.
SECTION 21 — GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of South Australia, Australia. You and Dreamery Australia Pty Ltd consent to the exclusive jurisdiction of the courts of South Australia.
Nothing in these Terms affects any rights you may have under the Australian Consumer Law or other applicable Australian legislation that cannot be excluded by agreement.
SECTION 22 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at admin@dreamery.com.au.
Our contact information is:
Dreamery Australia Pty Ltd Phone: +61 451 030 274 Email: admin@dreamery.com.au Address: 10 Cavan Avenue, Renown Park SA 5008, Australia ABN: 27 695 770 944 Website: www.dreamery.com.au