TERMS AND CONDITIONS OF ORDER
1 Formation of agreement
1.1 Thank you for your order with The Bespoke Corner Pty. Ltd. (ABN 65 609 463 578) (hereinafter referred to as Us, We and Our).
1.2 These are the terms and conditions which govern your purchase of Our product(s) and service(s) (collectively the Services).
2 Personal information and privacy
2.1 In placing an order with Us, you will be required to provide Us with some of your personal details (including, for example, your name, address, phone number, email and other personal details).
2.2 By providing your personal information to Us, you consent to Us using it to provide the Services, administering Our relationship with you, direct marketing, improving and adding to Our Services and complying with the law.
3 Details of Order
It is your sole responsibility to ensure that all details with respect to your order are correct. We will not be responsible, under any circumstances, for any loss or claim arising as a result of your error in completing the details of your order in a correct and accurate manner. You acknowledge that you have been made adequately aware of the all costs associated with the Services and have received a complete description of Services to be rendered.
4 Variation and cancellation of order by you
4.1 You may request variations to your order after it has been placed, and if We agree to accept that variation, you may be required to pay for any such variations.
4.2 Once your order is placed, you may cancel it however please note that unfortunately all monies paid by you cannot, and will not, be refunded to you. This is because once your order is placed, We incur costs in organising the performance of the Services, including ordering materials and the like. We will not be liable to you for any loss or claim arising as a result of the cancellation of your Order.
5 Cancellation of Order by Us
5.1 We reserve the right to cancel your Order at any time.
5.2 In the event that We cancel your Order after you have paid, We will refund the monies paid by you within a reasonable period of time in accordance with your original payment method (unless otherwise agreed). We will not be liable to you for any loss or claim arising as a result cancellation of your order by Us.
6 Variation by Us
Your order may need varied by Us as a result of a number of things including but not limited to where elements of the ordered materials are out of stock or unavailable, due to errors or omissions or for other reasons. We will notify you if this occurs, however We will not be liable to you in any way for any loss or claim arising as a result of requiring your order needing to be varied.
7 Order times
7.1 We will notify you when your goods will be ready for delivery (if We have agreed to the same) or collection at Our showroom.
7.2 We do not guarantee that We will meet any requested time frame for delivery and/or collection and will not be liable for any loss or claim arising as a result of any delays in that respect.
You acknowledge and agree that you have been made aware of, and have agreed to, the price for your order and the price for your Order is in Australian Dollars and, unless otherwise expressly stated, are inclusive of GST and, if applicable, all shipping and delivery fees (Price).
9 Payment and completion of Order
9.1 Until such time that you pay the Price in full to Our satisfaction, We are under no obligation to provide or deliver the goods to you.
9.2 You must pay for your order by way of credit card, cash, direct deposit or any other payment method utilised or allowed by Us.
9.3 You agree to provide Us with any information and to undertake any necessary action that is reasonably necessary to authorise Us or a third party payment provider to process payment for the order, including authorising Us to automatically debit any credit or debit card that we have retained on our records.
9.4 In the event that We cannot successfully process the payment of the Price, We will notify you and continue Our attempt to process the payment until the payment of the Price is cleared and processed in full. If the payment cannot be cleared or processed in one (1) transaction, We are authorised to process the payment in multiple transactions until the Price is paid in full.
9.5 We will confirm with you when payment of the Price has been cleared or processed and the order is complete by sending you an invoice.
9.6 In the event that the invoice We send to you is incorrect in any way, you must notify Us of those errors within ten (10) days of receipt of the invoice, otherwise the invoice will be deemed to be true and correct in all respects.
9.7 You must not, under any circumstances, charge back any payment of the Price with any third party without Our consent.
9.8 In the event that you charge back any payment of the Price with any third party without Our consent you will be in breach of these terms and conditions, the Price will be outstanding and We may assert our rights under these terms and conditions to recover the Price (including interest and legal enforcement costs) from you.
10 Delivery (if applicable)
10.1 If We agree to deliver the goods to you, we will, through our nominated carriers and couriers, procure despatch of the goods.
10.2 We do not accept any responsibility or liability for any loss or Claim arising as a result of any damage caused to the goods during transit; the goods being lost during the transit process; the goods being stolen after being delivered to your nominated delivery address (or any local depot or post office should you not be present at the address to receive the Products when they are delivered) or any delay in the delivery of the goods.
11 Risk and title
Risk in the Products passes to you upon it being collected by you or your nominated agent from our showrooms, or if being delivered to you, upon it being collected by Our nominated carrier/courier from Our showroom.
12 Returns, exchanges and refunds
12.1 Our goods and services come with guarantees and rights that cannot be excluded under the Australian Consumer Law. These include, but are not limited to, the following:
(1) Entitlement to a replacement or refund for a major failure or any other reasonably foreseeable loss or damage.
(2) Entitlement to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
12.2 Please note that We do not issue a refund or replacement if you change your mind about your order or if you cancel it as We start incurring costs as soon as the order is processed by Us.
12.3 We will not under any circumstances issue any full or partial refund for Products which have been damaged or lost in transit. Please see the section headed ‘Delivery’ in these terms and conditions for further information.
12.4 We will not, under any circumstances, issue a refund or replace the goods if you have:
(1) failed to use, maintain or care for the goods in accordance with Our instructions (if any);
(2) failed to store the goods in a suitable environment;
(3) deliberately caused damage to the goods; or
(4) misused the goods.
13 Limitation of liability
13.1 Nothing in these terms and conditions will be construed to exclude, restrict or modify any non-excludable condition, warranty, guarantee, right or liability applicable to these terms and conditions by law, including under the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), where to do so would be illegal or render any provision of these terms void or unenforceable.
13.2 With respect to the goods and the Order you agree that you are liable for and indemnify Us in respect of any damage, loss, cost or expense (whether direct or indirect); any breach or alleged breach of any of your representations, warranties or obligations contained in these terms and conditions and/or other claim brought against Us by a third party that We may suffer or incur as a result or in connection with your acts or omissions.
13.3 To the full extent permitted by law, Our liability to you for a breach of any non-excludable warranty, condition or guarantee is limited to the Price.
13.4 To the full extent permitted by law, We will not be liable in any event for any indirect or consequential losses (including but not limited to any loss or damage arising from a breach of contract or agreement, tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of goodwill, indirect or remote or unforeseeable loss, loss of reputation, future reputation or publicity, or any similar loss which was not contemplated by the parties) whether or not We had knowledge that such losses might be incurred.
14.1 Without limiting the Our rights at law, if you do not comply with these terms and conditions then We may:
(1) suspend or cancel your order until We are satisfied that you will comply with these terms and conditions in full; or
(2) cancel your order.
14.2 If your order is terminated, you will not be entitled to a refund of the Price and We will not be liable to you for the cost of any loss or claim caused to you as a result of the cancellation of your order.
15 General provisions
15.1 We will not be liable for any delay or non-compliance with any of its obligations to you for any events arising out of circumstances beyond Our control. During such events, Our obligations are suspended for the period that the event remains in effect.
15.2 These terms and conditions constitute the entire agreement between you and Us with respect to your Order and the Products and supersede all prior agreements between you and Us.
15.3 Failure on Our part to enforce any provision of these terms and conditions is not to be construed as a waiver of any provision or right.
15.4 These terms and conditions are governed by the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of its courts.
15.5 If any provision of these terms and conditions is deemed unlawful, void or for any reason unenforceable, then that provision is considered severed and will not affect the validity and enforceability of any remaining provisions.
15.6 We may assign or novate any or all of our rights and obligations under these terms and conditions at any time without your consent.