Welcome to Design-A-Room Pty Ltd (ACN [insert]) (also called “Design-A-Room”, “we” and “us”). We want our Terms to be as clear and as easy to understand as possible. If you have any questions, please contact us at email@example.com
About these Terms
These Terms set out the terms of the agreement between you and Design-A-Room. By using our Website, www.design-a-room.com.au (“our Website”), you agree to accept these Terms. Without limiting the foregoing, you agree that your use of our Website, your purchase of any Design Package (as defined below) from us and your order and purchase of products from third parties (Suppliers) via Design-A-Room (Products), is subject to these Terms.
These Terms cannot be varied without our written consent. We may update these Terms from time to time and the current version will always be shown on the Terms page of our Website. If these Terms change after a binding contract is effected for a Product or a Design Package, the Terms applying to that contract will be those displayed on our Website immediately prior to the date on which the contract became binding. We encourage you to read these Terms, and contact us if you have any particular questions. If you do not agree to these Terms, you must not use our Website in any manner.
Style Packages/Design Packages
Design Packages are a selection of interior items by us from a “style package” outlined on the Website (Style Package). Items included in Style Packages and Design Packages are subject to availability from Suppliers.
Design-A-Room is not an, owner, manufacturer or wholesaler of the products featured in our Style Packages or Design Packages. We endeavour to ensure that all the products in our Style Packages and Design Packages are accurately described, and we rely on information provided to us by our Suppliers. Unfortunately, on some occasions it is possible that our Website, Style Packages and/or Design Packages will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. We endeavour to ensure that all colours are displayed accurately, but you should be aware that colours may appear slightly differently on different displays and screens.
To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our Website or in our Style Packages/Design Packages are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our Website or in our Style Packages/Design Packages.
We reserve the right to withdraw any products from our Style Packages/Design Packages at any time and/or remove or edit any materials or content on our Website or in our Style Packages/Design Packages.
Our Website is a portal to facilitate your purchase of Products from the Suppliers only. We do not own the Products, we simply facilitate your purchase of them from the Supplier.
On rare occasions the Suppliers find themselves unable to deliver Products to us, or the Products delivered are not of sufficient quality or workmanship, we will use reasonable endeavours to rectify the issue however we are not responsible for faulty or defective Products or any delay in their delivery.
Design Packages: A binding contract for provision of a Design Package (Design Package Contract) will not arise until you have placed your order for a Design Package and we have processed your payment. When you place your order, you accept that these Terms will be incorporated into the Design Package Contract.
Products: A binding contract for procurement by us of Products on your behalf (Product Contract) will not arise until we have we have sent you an email confirming that your Product(s) have been dispatched to you. When you place your order, you accept that these Terms will be incorporated into the Product Contract.
After you have placed your order for Product(s) and we have processed your payment we will provide you with an order confirmation by email. This email does not guarantee that the Product(s) you have ordered is/are available. It represents confirmation that we have received your order.
In the event that a Product(s) is unavailable, we reserve the right to cancel your order in respect of that Product. We will contact you by email as soon as possible to let you know. You may choose to have a credit to your account and we will reselect and alternative option or a refund to the value of the unavailable Product(s).
Risk in the Products passes to you once the Products have been handed over to the freight forwarder. . We do not accept liability for any loss, theft or damage to the products after delivery to the freight forwarder.
We reserve the right not to accept your order or to terminate your order at any time at our sole discretion. In that event, any payments received by us will be fully refunded less unavoidable costs incurred by us prior to the date of such termination.
All prices displayed on our Website are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment PayPal only. You do not require an existing PayPal Account in order to make payment.
Shipping Fees: Shipping fees vary for different Products and are calculated based on the size and weight of your order and its destination. We will advise you of our estimated shipping price for Products prior to your order being finalised and then we will confirm the actual shipping costs prior to payment and order confirmation and included in the total price of your order.
Shipping time: Delivery dates vary greatly for each Product and Supplier. We will advise you of the estimated shipping time frame for your Product(s). We are not responsible for any delay in shipping of your Product(s). Typically, delivery occurs within 2-4 weeks of us receiving your payment authorisation and cleared funds.
Shipping methods & locations: Your order will be delivered to the delivery address provided by you with your order. Delivery cannot be made to PO boxes. The freight forwarder may leave a card at the address and you will need to pick up the delivery from your nearest Depot or Post Office or (at your additional cost) contact the freight forwarder to arrange for re-delivery.
Most Products can be delivered Australia-wide. Orders requiring international shipping cannot be accepted at this time.
Shipping failure: It is important that you verify your information is correct, especially your shipping address. If the address provided is incorrect and the Product is returned, you may be billed for the additional shipping charges in order for your delivery to reach you. You agree to this by placing an order with us, we reserve the right to pass on applicable charges to you if you provide wrong address information. We also require a contact phone number, which may be used by the freight forwarder to arrange delivery. If our freight forwarder is unable to deliver your Product due to your error or fault), we reserve the right to cancel your order. In these circumstances we will refund you the price of your order, less the shipping fees incurred by us.
Your rights in respect of faulty or defective Products are against the Supplier as we act as a facilitator in their purchase only. We will use our best endeavours to try to rectify the fault, facilitate a replacement Product or a refund from the Supplier however this is the limit of our liability to you where the defect or fault has not been directly caused by us. If your Product is faulty or defective you should contact us immediately. we will help facilitate the resolution with the supplier.
Where a Product is defective or faulty due to our direct act or omission we will arrange for (at our discretion) a replacement Product or a refund. We reserve the right to refuse a replacement of refund in cases where we deem damage to a Product to be due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions or failure to take reasonable care.
To the extent permitted by law, we, our directors and employees, and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website, Products, Style Packages or Design Packages including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
To the extent that we cannot exclude our liability, our liability is limited to any one or more of the following in our sole discretion:
- in the case of any Products, the replacement or repair of the Products, or the supply of equivalent Products, or the payment of the cost of repairing or replacing the Products or supplying equivalent Products; and
- in the case of any Design Packages, the supply of an alternative Design Package or a refund of the price paid for the Design Package.
Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the amount paid by you for the relevant Product or Design Packages in question. You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our Website, any Style Package or Design Package or any other products or services accessed via our Website.
We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our Website, Style Packages and Design Packages (including, without limitation, look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). All such rights are reserved and you must not use, download or copy any of these intellectual property rights without our prior express written consent.
Third Party Products and Websites
Where our Website contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).
Accessing our Website
We will not be liable if for any reason if our Website is unavailable at any time or for any period. From time to time, we may need to restrict access to our Website (wholly or partly). You are responsible for making all arrangements necessary for your own access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.
Viruses and Hacking
Whilst we do our best to ensure that our Website is virus-free, we will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any Website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.
1.2 Force Majeure
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
1.3 Applicable Law
If any provision in these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms which will continue in full force and effect.