Sorrento Furniture Terms + Conditions

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Welcome to Sorrento Furniture!

In these terms, we are Derley Pty. Ltd. trading as Sorrento Furniture ABN 62 060 727 353 also referred to as “we”, “us”, or “our”.

And you are you!

 

What are these terms about?

These terms apply when you use this website, being [Insert Website] and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase products through this Website (“Products”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here [Insert Link].

 

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • Part A: Terms for when you buy Products (applies when you buy)
  • Part B: Terms for when you browse and interact with this Website (applies when you browse)
  • Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

 

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

 

For When You Buy Products

  • SUBMITTING AN ORDER
    • By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
      • you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      • you are authorised to use the debit or credit card you provide with your Order.
    • Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
    • Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your Order is being processed.

 

  • CHECKOUT
    • To submit an Order, you may be required to provide personal information and details on checkout, such as your email address, first and last name, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
    • You agree to let us know if you detect any unusual activity on your Order as soon as you become aware of it.
    • You warrant that any information you give to us on checkout or otherwise in the course of submitting an Order will always be accurate, complete, honest, correct and up-to-date.
    • We may, in our absolute discretion, suspend or cancel your Order for any reason, including for any failure to comply with these terms.

 

  • PRODUCTS
    • We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
    • Until the price of your Products is paid in full, title in those Products is retained by us. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.

 

  • PAYMENT
    • GENERAL
      • All prices are:
        • per unit (except where indicated);
        • in Australian Dollars; and
        • subject to change prior to you completing an Order without notice.
      • Payment obligations
        • Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
      • GST
        • Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.
      • Card surcharges
        • We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
      • Online payment partner
        • We may use third-party payment providers (Payment Providers) to collect payments for Orders, such as Stripe. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
      • Pricing errors
        • In the event that we discover an error or inaccuracy in the price at which your Products were purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing the Products at the correct price, or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.

 

  • DELIVERY AND SHIPPING
    • ELIGIBLE POSTCODES
      • We may only deliver your Order to eligible postcodes set out on the Website. If your delivery address that does not fall within the boundaries of these eligible postcodes, please contact us at info@sorrentofurniture.com.au for further details. If you do not contact us, we are not obligated to fulfil your Order and we will refund you any payment made in respect of that Order.
    • Delivery Costs
      • Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
    • Delivery Details
      • We may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
        • delivery is to the delivery point specifically accepted by us; and
        • we will deliver your Order to you in accordance with the shipping information displayed on our Website.
      • Delivery Issues
        • Third party courier terms apply to the delivery of your Order to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your Order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

 

  • CLICK AND COLLECT
  • We may allow you to select “Click and Collect” as an option on checkout and select a designated location from which you will collect the Products (Collection Address).
  • If you select “Click and Collect”, you agree to collect the Products from the Collection Address within 7 days of us informing you that the Products are ready for collection.
  • If you fail to collect the Products within this time, then unless you have made arrangements with us for late collection, we may cancel your Order and we may:
  • re-sell the Product to another party; and/or
  • require you to pay a re-stocking fee.
  • We may require you to verify your identity upon collection.
  • Collection is only available during business operation hours and not on public holidays in Victoria.

  • CANCELLATIONS
    • CANCELLATION BY US
      • We reserve the right to cancel your Order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
    • CANCELLATION BY YOU
      • Once we confirm your Order, your Order is binding and cannot be changed or cancelled by you. However, our refunds and exchanges process in clause 8 may apply.

 

  • RETURNS AND EXCHANGES
    • NO CHANGE OF MIND RETURNS
      • We do not offer refunds for change of mind, other than in accordance with clause 8.2.
    • DEFECTIVE products
      • We may offer you a refund where we determine that your Product is defective. The following process applies to any Product you believe to be defective:
        • On delivery or collection of the Product (as applicable), you must immediately examine the Product to satisfy yourself as to condition and suitability of the Product. If you believe the Product is defective, you must contact us at info@sorrentofurniture.com.au or through the contact form on our Website with a full description of the defect (including images and/or videos). We reserve the right to attend, or appoint a third party to attend, the site where the Product is located and conduct an in-person inspection of the Product and/or collect the Product from the site for further inspection before deeming a Product is defective. You agree to make such site and Product available for such inspection at any reasonable times on reasonable notice.
        • If we determine in our reasonable opinion that the Product is not defective, or is defective due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your request for a refund and charge you our costs and expenses relating to such inspection. If your Product was collected for inspection, we may also charge you our costs of collection and return of the Product back to you.
        • If we determine that the Product is defective, then depending on the nature and extent of the defect, we will either repair the Product, replace the Product, credit you the full amount paid, including delivery fees (if applicable) and you may request a refund or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
        • If you fail to comply with the provisions of this clause 8.2 in respect of Product with a problem, we may, in our absolute discretion, issue only a partial refund or no refund.
        • Nothing in this clause 8 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law including the Competition and Consumer Act 2010 (Cth).
      • OTHER RETURNS
        • We will provide a full refund of the price paid for a Product if we determine that:
          • we cancelled your Order in accordance with clause 7.1;
          • a Product you have ordered was not received by you solely due to failure by us;
          • a Products provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
          • a Product is defective, in accordance with clause 8.2.
        • For the avoidance of doubt, if have elected to have us deliver your Order and you are not at the delivery address to receive your Order, you will not be entitled to a refund or partial refund.

 

  • THIRD PARTY SUPPLIERS
    • We may do any of the following:
      • outsource any part of performing any services related to providing the Products, including delivery of your Products; or
      • procure materials and Products from third party suppliers, without further notice to or permission from you.
      • To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods

 

  • PUBLISHING PHOTOS ONLINE AND ON SOCIAL MEDIA
    • You may publish images or videos of the Products online or on social media (or both), and we ask that you please provide accreditation to “Sorrento Furniture” by watermark, reference, tagging and/or hashtag. We reserve the right to require you to remove any images or videos that include the Products or despite this clause 10, remove any accreditation to us.

 

 

  • RATINGS AND REVIEWS
    • You may be provided an opportunity to rate a Product (Rating) and/or may provide feedback to us regarding our Products and our service (Review) on the Website.
    • You must provide true, fair and accurate information in your Review. Ratings must be a true and fair reflection of your opinion regarding a Product.
    • You may only provide a Rating for a Product you have purchased and write a Review for your own experience about a Product and our services. You are not permitted to provide a Rating or write a Review on behalf of any other person.
    • You acknowledge and agree that we may copy, publish, distribute, translate and otherwise use any Rating and Review on the Website, our social media platforms or in any marketing or promotional material, including any newsletters or mail we may send to our existing and potential customers.
    • We reserve the right to remove or delete any Rating or Review for any reason.

 

 

For When You Browse This Website

 

  • ACCESS AND USE OF THE WEBSITE
    • You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

 

  • YOUR OBLIGATIONS
    • You must not:
      • copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our written consent;
      • use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
      • use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
      • use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
      • use the Website with the assistance of any automated scripting tool or software;
      • act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
      • attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
        • gaining unauthorised access to Website accounts or data;
        • scanning, probing or testing the Website for security vulnerabilities;
        • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
        • instigate or participate in a denial-of-service attack against the Website.

 

  • INFORMATION ON THE WEBSITE
    • GENERAL
      • While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
        • the Website will be free from errors or defects (or both, as the case may be);
        • the Website will be accessible at all times;
        • messages sent through the Website will be delivered promptly, or delivered at all;
        • information you receive or supply through the Website will be secure or confidential; and
        • any information provided through the Website is accurate or true.
      • We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (defined in clause 20).
      • You acknowledge and agree that any information on the Website (including any blog posts and articles) is provided to you as general information only. The information is not adapted to your specific circumstances and it may not meet your specific needs.
    • ARTICLES AND BLOG POSTS
      • The Website may contain published articles and blog posts which contain, among other things, furniture and home decor related suggestions, opinions and advice, and information relating to our Products.
      • We cannot guarantee that information within our articles or blog posts will enable you to achieve any particular outcomes or results, and you accept and understand that results differ for each individual.

 

  • THIRD PARTY TERMS AND CONDITIONS
    • You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
    • You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

 

  • LINKS TO OTHER WEBSITES
    • The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

 

  • THIRD PARTY PLATFORM
    • This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
    • To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

 

  • SECURITY
    • We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

 

  • REPORTING MISUSE
    • If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
        •