Terms & Conditions

Terms & Conditions of Use & Service:

Floor Five Pty Ltd (Floor Five) is the owner and operator of this website.

The use of this website is governed by these terms and conditions and other policies located on this website.  Your use of this website indicates your acceptance of these terms and conditions and your placement of an order on this website also indicates your acceptance of these terms and conditions.

Floor Five Pty Ltd reserves the right to make changes to this website and the terms of conditions pertaining to this website, our marketing materials, promotional programs and other such materials at any time without notice.  These terms and conditions shall supersede all other printed or formerly distributed versions of the terms & conditions.

Copyright & Trademarks:

This website is owned by Floor Five Pty Ltd.  All material, including all software, text, design elements, logos, graphics and other imagery as well as the arrangement of such elements on this website is the sole property of Floor Five Pty Ltd or the respective Copyright or Trademark owner. 

Globally, all content is copyright Floor Five Pty Ltd and may not be reproduced, copied, republished, modified, transmitted, uploaded or otherwise distributed in any way or form without the prior expressed written permission of Floor Five Pty Ltd.  The content of this site may be used only for the purpose of browsing on this website, shopping on this website or placing an order on this website and for no other purpose whatsoever.  Floor Five Pty Ltd reserves all rights not expressly granted herein.

Any unauthorised use of such copyrighted or trademark material may violate applicable laws and could result in criminal or civil penalties.

Customer Accounts & DUGG Club Membership:

Floor Five Pty Ltd allows customers to create accounts on this website.  It is up to the customer to maintain the accuracy of the data held in these accounts.

In some instances, customers may be allocated a customer account after a first transaction in our store even when checking out as a guest.  An email will be sent to you advising your account details which can be updated or cancelled at any time.  If you do not create an account, one may be created for you automatically so that you can perform functions such as returns and to check the status of your order etc.  Anyone can create a customer account with us at any time or during their first purchase.  These customer accounts can be removed at any time by request.

Membership to the DUGG Club is free, however membership is not guaranteed to any individual and we may terminate your membership at any time and for any reason.  You may also terminate your membership at any time and for any reason by updating your preferences in the Customer Account section of our website.

Creating an account or a DUGG Club membership means that you agree we may contact you to offer discounts, promotions and other offers via email or other means of communication.  You can unsubscribe from these communications and offers at any time.

Coupon Codes:

Only one (1) valid coupon code can be used in any one transaction.  Coupon code validity and terms will be detailed wherever a coupon code is presented by this website in an official channel.  Floor Five Pty Ltd is unable to accept unofficial coupon codes offered by third party websites that are not affiliated with Floor Five Pty Ltd.  The use of coupon codes is at the sole discretion of Floor Five Pty Ltd and we reserve the right to invalidate, cancel or refuse the use of any coupon code at any time.

E-mail Marketing:

If you supply your e-mail address to us, we may add your e-mail address to our e-mail marketing database.  This may be provided to us by way of phone, Internet web form, e-mail or otherwise.  We generally send weekly e-mail newsletters with our latest products, offers and promotions, however the schedule can change at any time.  You will be given the opportunity to unsubscribe from e-mail lists or manage your preferences at any time.  If you unsubscribe from an e-mail list, you will not receive any further e-mails from that list unless you choose to re-subscribe.

Shipping & Delivery:

Floor Five Pty Ltd ships all orders by default with signature on delivery and we guarantee the delivery within Australia of all orders with signature on delivery.  Customers who elect to receive their order without a signature will not have orders replaced or otherwise compensated for in the event of loss or damage.  We can only guarantee the delivery of orders where a signature is obtained.

We reserve the right to change the shipping method you chose in certain cases and will inform you of these changes if necessary.

Delivery times provided are estimates only and we will not be held accountable for delayed deliveries.

In rare certain cases, part deliveries may be made for orders that contain more than one item.  Customers will be notified if this is the case.

Further shipping information and conditions is located here:  https://www.dugg.com.au/shipping-details/

Refunds & Returns:

Please see our Returns page here:  https://www.dugg.com.au/returns

Promotions, Gifts & Prizes:

Floor Five Pty Ltd may offer or provide promotions, gifts or prizes in various forms including promotional offers from third parties from time to time.

Except for any liability that cannot be excluded by law, we (including its officers, employees and agents) exclude all liability (in contract or tort, and including negligence) for any personal injury, or any loss or damage (whether direct, indirect, special or consequential) arising in any way out of a promotion, gift or prize including but not limited to, where arising out of the following:

> any technical difficulties or equipment malfunction (whether or not within our control);
> any theft, unauthorized access or third party interference;
> any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by us);
> any variation in the prize or gift value to that stated in a promotion;
> any tax liability incurred by a winner or entrant or recipient; or
> use of the prize(s) or gift(s).

The use of third party gift cards or offers is at the sole discretion of the recipient.  Floor Five Pty Ltd offers no warranty or responsibility for the use of third party gift cards or offers.  It is the responsibility of the recipient to check the terms and conditions of any such third party gift card or promotional offer. 

Prizes and gifts are not exchangeable or returnable for cash or credit.

Circumstances Beyond Our Control (Force Majeur):

Floor Five Pty Ltd shall not be liable or responsible to you for any failure, delay or breach in the performance of our obligations to you due to circumstances beyond our reasonable control.  This includes failure to deliver orders in a timely fashion due to the actions of third parties or unavoidable or unforeseen incident including without limitation suppliers, couriers, Australia Post, hackers, governments, natural disasters, strike action, storm, accident, mechanical breakdown or technological failure.

Disclaimers & Warranties:

Floor Five Pty Ltd, its directors, representatives, contractors, agents, or employees are not liable to you or any other for any loss or damage in connection with the use of this site or a linked website or an item purchased or received in connection with this website.

Floor Five Pty Ltd has endeavoured to accurately depict the products offered on the Site. However, because the depiction of a product is dependent on your computer monitor, Floor Five Pty Ltd cannot guarantee that such depiction will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail. Any reference to products or services on this Website is for information purposes only and does not represent an endorsement or a recommendation of those products or services by Floor Five Pty Ltd. 

Floor Five Pty Ltd does not warrant that information or images contained on the site will be accurate, reliable or error-free, or that errors will be corrected. Material on the Site may contain technical inaccuracies or typographical errors (including price errors). Floor Five Pty Ltd cannot be held responsible for inaccuracies and omissions in the Site and reserves the right to modify, delete and correct errors at any time. Our prices are also subject to change without notice.

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on this website.

Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), Floor Five Pty Ltd expressly disclaims all warranties with respect to the information and applications contained on the website and your use of the website, including all implied warranties of merchantability and fitness. In no instance shall Floor Five Pty Ltd, its directors, representatives, contractors, agents, or employees be liable for any damages whatsoever (including special, indirect or consequential) arising out of or in association with the use or functionality of the website whether in contract, at common law or in equity, or on any other basis. These Terms and Conditions do not exclude warranties or conditions which Floor Five Pty Ltd cannot, by law, exclude. These Terms and Conditions include any liability which any law requires Floor Five Pty Ltd to accept. If Floor Five Pty Ltd becomes liable for any breach of any such condition or warranty, Floor Five Pty Ltd liability shall be limited at its option, to any one or more of the following:

(a) in the case of goods, to any one it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and

(b) in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.