Terms & Conditions
These
terms of use apply to the use of this website and by accessing this
Website and/or placing an order you agree to be bound by the terms and
conditions set out below. If you do not agree to be bound by these terms
and conditions you may not use or access this website.
GENERAL
Acceptance
of these terms of use is signified and implied by the customer ordering
goods either by online sale, telephone or in writing.
ACCESS
You
are provided with access to this website in accordance with these terms
& conditions and any orders placed by you must be placed strictly
in accordance with these Conditions.
PAYMENT TERMS
Payment
may be made by Paypal and the cards Paypal accept. All prices are in Australian Dollars with GST included in
the listed price. Payment will be deducted immediately if you choose to
pay by card. Please see our security statement to see how we protect
your payment details.
COLOURS
While
every attempt is made to ensure the colours displayed on our website
are true and accurate, colour variations are inevitable due to monitor
settings and lighting conditions. If you need to match a colour exactly,
please request a colour sample of the product. No responsibility will
be taken if you are unhappy with the colour when your purchase arrives,
unless we have sent you a colour sample, which is different to the
product received.
REGISTRATION
You warrant that:
The personal information which you are required to provide when you
register as a customer is true, accurate, current and complete in all
respects; & you will notify us immediately of any changes to the
personal information by contacting our customer service team by e-mail.
You agree not to impersonate any other person or entity or to use a
false name or a name that you are not authorised to use.
INDEMNITY
You
agree fully to indemnify, defend and hold us, and our officers,
directors, employees, agents and suppliers, harmless immediately on
demand, from and against all claims, liability, damages, losses, costs
and expenses, including reasonable legal fees, arising out of any breach
of the conditions by you or any other liabilities arising out of your
use of this website, or the use by any other person accessing the
website using your shopping account and/or your personal information.
OUR RIGHTS
We
reserve the right to: modify or withdraw, temporarily or permanently,
this website (or any part thereof) with or without notice to you &
you confirm that we shall not be liable to you or any third party for
any modification to or withdrawal of the website; and/or change the
conditions from time to time, & your continued use of the website
(or any part thereof) following such change shall be deemed to be your
acceptance of such change. It is your responsibility to check regularly
to determine whether the conditions have been changed. If you do not
agree to any change to the conditions then you must immediately stop
using the Website.
LIABILITY
All
goods are supplied by us on condition that our liability for any fault
or defect in the quality, condition, description or fitness for any
purpose is limited in amount to a sum not exceeding the purchase price
of the particular goods. In no circumstances whatsoever shall The Ivory
Tower - fabric & wallpaper be liable for indirect of consequential
loss or damage.
IMPORTANT CHECKS
You
are responsible for ensuring that the products you have ordered will
fit into your home & that there is sufficient access for the
delivery vehicle to reach the delivery address. If you are unsure on
this matter please contact us before placing your order.
Please
check all items on arrival & immediately report any damage or short
deliveries in writing to the ivoryt@bigpond.com
ORDERING
Please
make sure the e-mail address you provide to us is correct and your
mailbox is in proper working order. All order confirmations are sent to
that e-mail address. Please make sure both your billing & delivery
addresses are also completed fully. Any contracts or agreements formed
between you and us by means of this website shall be governed and
construed according to Australia law & any disputes or proceedings
shall be subject to the exclusive jurisdiction of the Australian courts.
Please note in particular that:
- No orders shall be accepted from persons under the age of 18.
- While we try to ensure that all details (including prices) displayed on this web site are correct and up to date, we cannot be held responsible for their accuracy.
- You must ensure that, prior to placing an order, you have checked all relevant details about the products you have selected as their relevant details may have changed since you last visited this online store.
- All products displayed on this web site are subject to availability. All prices are inclusive of GST (but do not include delivery charges).
- Your payment card will be debited immediately.
- No statement on this online store site shall be deemed to affect the statutory rights of a consumer which cannot be excluded or restricted by law.
All orders will be subject to the following conditions:
Your order becomes binding as soon as we have accepted it, subject to your rights of cancellation.
ACCEPTANCE OF SALE
Your order will be accepted as soon as we have confirmed your order. Our acceptance of your order is conditional on the availability of the products you have ordered. If any of the products you have ordered are unavailable, or should events occur beyond our reasonable control, we reserve the right to cancel your order. In such circumstances we shall let you know as soon as possible. Due to the specialty nature of our products, orders will not be accepted or begin to be processed until payment in full has been received.
CANCELLATION OF ORDER
Due to the speciality nature of products contained within this website - you are unable to cancel your order once your order has been accepted by us.
Any order which is custom made to your specifications, including fabric choice, size, colour or specifications is unable to be cancelled once the order has been confirmed due the specialty nature of the product.
REFUNDS
Due to the speciality nature of products contained within this website - a refund will only be given in the following circumstances, as required by the Office of Fair Trading.
As a consumer, you are legally entitled to a refund, exchange or repair from the place of purchase if goods:
- had a fault you did not know when you bought it
- were not the same as the seller or advertisement described
- don’t do the job you were led to believe they would
- don’t match the sample you ordered of the same item
- don’t last a reasonable amount of time, given the price you paid.
Please contact us to discuss further.
PLEASE NOTE: We
are unable to offer a refund or return if you have not ordered a sample
and the item you have purchased will not suit the purpose you intended
it for, or if you order extra of an item and then do not use it.
The Products you order will be made specifically to your order, in accordance with the instructions & specifications you have given us at the time of your order.
It is your responsibility to check all details & aspects of your order are correct, & suitable for your requirements. Including: measurements, dimensions, product features, access to your home or unit and the physical ability to have delivery access.
INTELLECTUAL PROPERY and RIGHT TO USE
You acknowledge & agree that all copyright, trademarks & all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge & agree that the material & content contained within the website is made available for your personal non-commercial use only & that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material & content of the website is strictly prohibited. You agree not to (& agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.