Shopping on the internet is quick, easy and it is our intention to make your entire shopping experience with us as pleasurable as possible.
We suggest that you carefully read the terms and conditions that are detailed below as this forms the basis of the sale agreement between you and Gusto & Darcy when you purchase goods from our website. If you proceed with your purchase you are acknowledging that you have read these terms and conditions of sale and that you acknowledge that your purchase from us is subject to these terms and conditions. We have attempted to keep the text in simple to understand language.
Please note that from time to time, these terms and conditions may change. We therefore recommend that you review these terms and conditions on a regular basis to identify any changes that may affect you.
Goods and Services Tax (GST)
Goods and services tax is applicable on all our products. As you will note from our website, in our stores and in our catalogues, all prices include GST. The current rate of GST is 10%. This rate may change in the future and will be based on Australian legislation. The prices indicated for products exclude freight and handling.
We will at all times use our best endeavours to ensure that the prices on our website are accurate at any point in time. The prices that are displayed on our website are only current at that particular point in time and we reserve the right to alter our prices at anytime without prior notice. This may occur for example when products are on sale or when prices may change for various reasons. When price changes do occur, they will be automatically updated on the website.
Gusto & Darcy ships items to the following destinations: Australia, USA, New Zealand, Canada, United Kingdom & Ireland.
Title for goods ordered on our site will pass to you when we receive payment in full for your order.
Limitation of Liability
Save as expressly provided in these Terms and Policies or in the Competition and Consumer Act 2010 (Cth.) ("Act") and equivalent State and Territory legislation:
- all conditions, warranties or consumer guarantees (whether express or implied by statute or common law or arising from conduct or by previous course of dealing or trade custom or trade usage or otherwise) as to the quality of the products or their fitness for any particular purpose (even if that purpose is made known expressly or by implication to you any other matter covered by the conditions and warranties implied by Part 3-2 Div. 1 of the Act (other than sections 51, 52 and 53) are hereby expressly excluded; and
- Gusto & Darcy accepts no liability for any loss, damage, cost, loss of profits, anticipated savings, wasted expenditure, loss of contracts with third parties, or consequential loss ("Loss") whether suffered by you or by any third party and whether or not Gusto & Darcy was aware that such Loss was possible or such Loss was otherwise foreseeable, whether such Loss arises from any representation, recommendation or advice made or given in relation to the products, the use of the products, or the failure by Gusto & Darcy to observe and fulfil its obligations under these Terms or otherwise.
To the fullest extent permitted by law, Gusto & Darcy's liability for any breach of a consumer guarantee implied by the Competition and Consumer Act 2010 (Cth)(and which cannot be excluded) shall be limited to any one or more of the following (as determined by Gusto & Darcy in its absolute discretion): in the case of products, the replacement, repair or payment of the cost of replacement or repair of the product. However, if the failure to comply with a consumer guarantee is a major failure (as defined in s 260 of the Australian Consumer Law [ACL]), you may reject the goods within the period of time stipulated in s 262 of the ACL, and in such circumstances you may seek from Gusto & Darcy at your choice, a full refund or a replacement of the goods.
Authority to Purchase from Gusto & Darcy
By accepting our sales terms and conditions, you are acknowledging that you have the authority to enter into a commercial transaction with Gusto & Darcy. If you are under 18 years of age, you cannot enter into a transaction with Gusto & Darcy. Instead, you should seek the assistance of you parents or guardians. Commercial employees, purchasing on behalf of their company or business must have the appropriate company authority to enter into a transaction on the company’s behalf.
Gusto & Darcy shall not be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of Gusto & Darcy, and Gusto & Darcy shall be entitled to a reasonable extension of time for the performance of such obligations.
Our company name is Nigeo Pty Ltd trading as Gusto & Darcy.
Our ABN is 71 619 156 875
The transactions contemplated on this site and all legal aspects associated with this site will be governed by the laws of the State of New South Wales and the Commonwealth of Australia.
Gusto & Darcy respects your privacy and is committed to protecting all the information you provide to us.
When you visit the Gusto & Darcy website, personal information and non-personal data will be collected depending on the nature of your visit.
Your personal information is respected and handled with the utmost of care. Personal information includes your name, address and other features of your identity including your user and contact details. This information supports the user relationship with Gusto & Darcy and is not used for any other purpose other than for use by Gusto & Darcy . You can rest assured knowing that Gusto & Darcy will not pass on or sell your personal information to any third party without your consent (or as required by law). The information is collected for the purposes of transactions conducted with Gusto & Darcy and for our in house marketing purposes. This enables us to improve the level of service we provide to you.
By visiting the Gusto & Darcy website, Gusto & Darcy may collect a variety of non-personal information such as:
- the time and date of your visit;
- the length of time you visit for;
- domain information;
- the pages and the number of pages you have viewed;
- your ISP details;
- the number of times you visit our website within a month;
- your IP address or proxy server's IP address;
- the number, type and size of files you view;
- basic information regarding the website that referred you to our website;
- the version and type of internet browser you are currently using; and
- information about the type of operating system your computer uses.
This information is only used for statistical and website development purposes. This data is not associated with any specific personal identity. This information is primarily used for business analysis so Gusto & Darcy can improve user relationships by providing a more effective and efficient service.
What is Covered by this Privacy Statement