TERMS & CONDITIONS
The website www.wattleliving.com and its related services, products, websites (and its associated websites that redirect to this URL), tools and applications (Website) is owned and operated by Fido Home Pty Ltd ACN 637 112 059 trading as Wattle Living (Wattle Living).
By using the Website or by giving your acceptance to these terms, you agree to be bound by these Terms and Conditions. If you don’t agree to be bound by these Terms and Conditions, you must not use the Website.
These Terms and Conditions may be updated by us from time to time. Each order placed on the Website will be a separate contract and the Terms and Conditions that apply to an order will be the Terms and Conditions that you agree to at the time you place your order. Each time you use our Website you should revisit these Terms and Conditions.
1. Definitions & Interpretations
In these Terms and Conditions unless inconsistent with the context or subject matter:
(a) Account means an account on the Website.
(b) Australian Consumer Law: the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
(c) Applicable Laws means any Applicable Laws (including orders, by-laws and regulations) in the jurisdiction in which you, and any User you are interacting with are located or which in any way govern or affect the use of the Services.
(d) Clearance Item means a Product that is sold at a reduced price to that advertised on our Website as a direct consequence of showroom or warehouse clearance and includes floor stock items.
(e) Design means any and all specifications, designs, drawings or other particulars, in any format. This includes but is not limited to any request by you for any form of customisation or change which varies from any Standard Range Product.
(f) GST has the meaning given in A New Tax System (Products and Services Tax) Act 1999 (Cth).
(g) Loss: any loss, liability, cost, charge, expense, tax, duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
(h) our, us and we means Wattle Living.
(j) Products has the meaning given to it under clause 1 and includes any other products offered for sale on the Website or as advised by us from time to time.
(k) Saleable Condition means Products being presented in an as new, unmarked and unassembled condition, this includes, but it not limited to, being presented in the original packaging.
(l) Services means any services we provide to you, including the Website and the sale of Products.
(m) User means any person who uses the Website;
(n) you and your means a User.
In these Terms and Conditions, unless inconsistent with the context or subject matter:
(a) a reference to a person includes any other legal entity and vice versa;
(b) words importing the singular number include the plural number and vice versa;
(c) a reference to a party includes the party's heirs, executors, successors and permitted assigns;
(d) headings are for reference purposes only;
(e) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
(f) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
(g) unless otherwise stated, a reference to a monetary amount is a reference to an Australian dollar currency amount; and
(h) an obligation of two or more parties binds them jointly and each of them severally.
2. Using the website
2.1 Wattle Living supplies furniture items such as sofas as well as other products available through the Website (together the Products).
2.2 The Website is provided to facilitate the supply of our Products, to help us connect with you and to provide general information and relevant content that you may be interested in.
2.3 Please ensure you have carefully read the specifications & Designs disclaimer contained in clause 10 and the fabrics and leathers disclaimer contained in clause 11.
2.4 Your use of this Website is by non-exclusive licence granted by us strictly in accordance with these Terms and Conditions. This Website is only available to, and may only be used by, persons who can form legally binding contracts under applicable laws. If you do not qualify, you must not use the Website.
2.5 You may not use this Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of this Website.
3. Your Account
3.1 In order to use most of the functionality of the Website, you may need to register with us and set up an Account with your email address and a password. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.
3.3 When you notify us of your Account being accessed without your authority or your Account not being secure, we may restrict your use of the Website in our absolute discretion.
4. Placing an order for Products
4.1 You may place an order for Products by following the prompts and submitting your order to us in accordance with these Terms and Conditions.
4.2 Orders may be placed online via the Website or by other means, including by phone or email. Any reference to Website in these Terms and Conditions, shall include references to other online locations in which the Products are sold. Whether you are placing an order on the Website or by any other means, these Terms and Conditions will apply to you.
4.3 Any order placed through this Website for Products is an offer by you to purchase the Products for the purchase price specified on the Website at the time you placed the order. You acknowledge that by placing your order, you are agreeing to pay for and accept delivery of the Products ordered, subject to any limitations shown on the Website. When you place an order, we will send you a confirmation email with the details of your order. That email is not an acceptance of your order. Orders are only accepted when we expressly notify you of our acceptance
4.4 Prices shown are in Australian dollars and include GST where applicable. Prices do not include delivery and handling charges. We reserve the right to change prices and all other details of Products displayed on the Website at any time, without notice, and to correct pricing errors that may inadvertently occur. Unless otherwise stated, any accessories shown in any image of the Products are not included in the price of those Products.
4.5 Payment terms and methods are as stated on the Website at the time you placed the order. We will charge you and you agree to pay the purchase price and any other fees shown to you on the Website for the Products in accordance with such payment terms. Any payments for an order of Products must be received in cleared funds before the Products will be dispatched. If your payment cannot be processed, or fails to clear, your order will be rejected, and you will be notified by the Website. Payments are non-refundable (except where otherwise explicitly provided for under these Terms and Conditions). Remainder of payments are due prior to delivery.
4.6 All orders placed are subject to availability. Our rights to cancel your order are set out under clause 6. You may not cancel your order once it is placed other than as expressly provided for in these Terms and Conditions. We may in our sole discretion, limit or cancel quantities purchased per person, per household or per order (including those placed without limitation by the same customer account, same credit card, or same billing and/or shipping address).
4.7 By placing an order, you are declaring that the Products are for your personal use only and will not be made available for resale by you or by someone with your authority. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You must review your order carefully before placing it.
4.8 When placing an order you acknowledge that we do not hold stock of the Products. The estimated number of weeks for us to deliver your order will be as stated on the Website at the time you place your order. Please note that such timeframe is an estimate only and there may be further delays.
4.9 In the event that you purchase a Product on behalf of a third party, you represent and warrant that you have made that third party aware of these Terms and Conditions and you acknowledge and agree that actions of that third party shall also be attributed to you for the purposes of these Terms and Conditions.
4.10 You authorise us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.
4.11 Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card may attract a small surcharge). You agree to pay such fees at the same time as you make payment to us, even if such fees are not explicitly disclosed on the Website.
4.12 All payments must be made in clear funds without set-off or counter claim.
4.13 Each order placed by you will be a separate and binding agreement between you and Wattle Living in respect of the supply of the Products.
5. Shipping and delivery of Products
5.1 Costs of Delivery
(a) Subject to the other terms of this clause, the costs of delivery will be as selected by you on the Website at the time you placed your order (unless otherwise agreed). You must pay the costs of delivery of Products at the time you place an order or at another time notified by us. We must be in receipt of cleared funds prior to arranging your delivery
(b) We currently offer the following delivery methods (unless otherwise stated on our Website):
|Standard delivery Sydney metropolitan area||The Product will be dropped off by courier to the front door of your delivery address. For safety reasons the courier is not allowed to enter your home, or carry the packages up more than three flights of stairs.||Free for orders $1699 and over. $99 for other orders.|
(c) You are liable for payment of all delivery charges, including any additional charges incurred as a result of difficulties with access (unless the failure to deliver on that date is due to Wattle Living's fault).
5.2 Delivery of Products
(a) Once we have accepted your order and received a valid payment in full for the Products and delivery costs we will endeavour to process and deliver the Products within the timeframes as specified on the Website however we are unable to guarantee delivery within these timeframes and we reserve the right to change the delivery time.
(b) Please note that all shipping times listed on the Website are an estimate time of delivery only and to the extent permitted by law, we are not responsible for any delays experienced or loss or damage suffered as a result. You acknowledge and agree that Products may not be available for immediately delivery (regardless of the delivery option chosen). Unfortunately, some times there may be delays in the factory, where this occurs you will not be entitled to a refund.
(c) You are responsible for ensuring there is adequate access and entry to the premises at the delivery address to allow for the delivery of the Products.
(d) Products will only be delivered if an appropriate person (as determined by us) is present at the delivery address at the time of delivery. Should such a person not be available to accept delivery on the pre-arranged delivery date and time, and delivery cannot be made, a card will be left and you will be responsible for redelivery of the Products at your cost. You may also be charged for transport, re-delivery, storage and removal of existing furniture, whichever is applicable to your circumstances.
(e) We reserve the right to make part deliveries of any order. We will not be in breach if we fail to deliver all the Products you have ordered at any one time.
(f) You must provide adequate parking and facilities for unloading the Products at the place you specify. Delivery and installation fees are based on reasonable access being provided at the delivery address. In the event that reasonable access has not been provided additional charges may be payable.
(g) We reserve the right to recover any fair and reasonable costs associated with a failed delivery attempt.
(h) If we are required, or our employees or agents are required, to wait at the delivery point in excess of 15 minutes, we may require you to pay us a stand-by fee as per our then applicable stand-by rates, which are currently $15+GST per 15 minute period or part thereof. You must pay this amount immediately on demand.
5.3 Delivery damages
(a) We will not be liable for damages to or within your delivery address (including damage to your goods and/or property) in connection with the delivery (to the extent permitted by law).
5.4 Additional information
(a) We currently deliver only within Sydney metropolitan area (encompassing those postcodes stated on our Website) to most residential and business addresses (regardless of whether the Website permits you to place an order for delivery outside the Sydney metropolitan area). We will update our Website from time to time with other areas that we are able to deliver to. At the time of placing your order please check the Website to confirm we deliver to your address. If you place an order to an area that we do not deliver to then we reserve the right to cancel that order and refund you any amounts paid. Unfortunately, there are certain areas that we are unable to deliver to.
(b) You must ensure correct delivery address details are provided to Wattle Living at the time of order placement and notify Wattle Living in advance if there will be difficulties accessing the delivery address (e.g. staircases or narrow passages).
(c) We cannot deliver to PO Boxes as you must be available in person to accept the delivery of your order.
(d) If there is any delay with the delivery of your order, then we will contact you as soon as possible.
5.5 Risk and Title
(a) All fully paid orders will be shipped by the postage carrier nominated by us. Until an order is paid for in full, title in the relevant Product remains with us.
(b) All risk in the Products ordered will pass to you at the time the Products are delivered to the delivery address (or some other address as agreed by the parties).
6.1 Our cancellation rights
We reserve the right to accept or reject your order (or any part thereof) at any time and for any reason in our absolute discretion, including after you have placed the order and received a confirmation email and/or invoice or we have previously accepted such order. We may cancel your order for example, in the following circumstances (without limitation):
(a) if the Products are not available;
(b) you place an order to be delivered outside our delivery zones; or
(c) where there is an error in the description or price of any Products on the Website relevant to your order.
If we do cancel your order, we may do so without any liability to you for that cancellation except as set out in this clause. Where we cancel your order, we will endeavour to notify you and provide you a refund of all payments made for such order.
6.2 Your cancellation rights
You may cancel an order where:
(a) we expressly agree to such cancellation in writing; or
(b) we are in breach of a material term of this Agreement, as it relates to your order.
Where your order is cancelled pursuant to this clause our sole liability to you is to provide you a refund of all payments made for such order. You may not otherwise cancel an order.
7. Competitions, Promotions and discounts
7.1 From time to time we may provide you with a promotional or coupon code for use when placing an order. It is your responsibility to ensure that the code is valid, and that you enter the code for use at the correct time prior to expiry. The code cannot be applied after you have submitted your order.
7.2 A promotional or coupon code may only be redeemed once per household and email, and cannot be used in conjunction with any other discounts. Only one discount/coupon code may be used per order. Separate terms may apply to the use of the code and will be advised by us. In the event of any inconsistency between these promotional or coupon code terms and these Terms and Conditions, the terms of the promotional or coupon code will prevail to the extent of the inconsistency. Commercial purchases are expressly excluded from promotional or coupon codes.
7.3 Where we run a competition, the terms and conditions for such competitions will be advised by us from time to time. Such terms will apply in addition to these Terms and Conditions, and in the event of any inconsistency between the competition terms and these Terms and Conditions, the terms of the competition will prevail to the extent of the inconsistency.
8. Returns and refund policy
8.1 Consumer Guarantees
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified
8.2 Trial period and change of mind returns
(a) We believe that you will be satisfied with the Products you purchase from us, however sometimes a Product may not be what you expected. In that case, we offer a 30 day trial period of our Products subject to the following clauses.
(b) If you purchase Products from us, and you wish to return them because you have changed your mind about the purchase, we are pleased to offer you a refund provided that:
(i) you notify us in writing within 30 days of delivery of the Product (the trial period);
(ii) you present to us your receipt or other adequate proof of purchase and you are available for the schedule pick up time;
(iii) the item is in Saleable Condition, including its original packaging and/or in original condition; and
(iv) you arrange and pay for all costs of shipping if located outside of eligible areas of Sydney.
(c) Any items that are not returned to us in the original packaging and/or in original condition will incur an additional handling/repair fee (deducted from your refund). It is your responsibility to package the item sufficiently to avoid damage in transit back to us. We encourage customers to photograph the items scheduled for return and the condition of the packaging before handing over to the delivery company.
(d) We will not refund a Product that you have bought and received where, in our reasonable opinion, the product has become of unacceptable quality due to fair wear and tear; misuse; using it in an abnormal way; or failure to take reasonable care.
(e) Returns under this clause are required to be returned to us no more than 10 business days from the end of the trial period (however you must not return the Product during the trial period, as you must trial it for the complete 30 day period). If you fail to deliver the Product within this time, then we will not accept it, and you will be required to take it back at your own cost.
(f) If you make a valid return of your Product in accordance with this clause then we will refund the value of the Product cancelled or returned less any delivery, return, cancellation or restocking charges (where applicable)
(g) The 30 day trial period is limited to one sofa return per person, and one sofa return per household (regardless of whether different persons order the Products), and cannot be used to exchange for another colour, size, or Product. This 30 day trial period does not apply to:
(i) Clearance Items; or
(ii) Products that were delivered to commercial premises; or
(iii) Sofa accessories including without limitation sofa tables, bed brackets, throw cushions and covers.
8.3 Products Limited Warranty
(a) Subject to the other terms of this clause, we provide the following limited warranties for our Products:
All steel frames supplied by Wattle Living are warranted against failure due to a manufacturing fault for a period of 5 years from the date of purchase or otherwise in accordance with the Australian Consumer Law.
Components of products
Components of products including fabrics, leathers, foam, springs, suspension, mechanisms, feathers and fibre fillings, zippers, plastic fittings and sleeves, seat connectors, bracket receiver mechanisms and legs are warranted against failure due to manufacturing defect for a period of 2 years below or otherwise in accordance with the Australian Consumer Law.
All sofa accessories are warranted against failure due to a manufacturing fault for a period of 12 months from the date of purchase or otherwise in accordance with the Australian Consumer Law. Including but not limited to throw cushions, sofa tables, bed brackets.
All other Products not specifically listed above are warranted against failure due to a manufacturing defect for a period of 12 months or otherwise in accordance with the Australian Consumer Law.
(b) To the extent permitted by law, the above warranties do not apply to Products which were delivered to a commercial address or otherwise used in a commercial premises at any time.
(c) In order to claim pursuant to this warranty, you must comply with the terms of clause 4 and make your claim within the relevant warranty period.
(d) Any repair or replacement under this warranty is limited to the defective part only.
(e) This limited express warranty is in addition to any rights you may have under the Australian Consumer Law.
8.4 Claiming under the limited warranty
(a) Without limiting our rights, where the Products do not comply with the terms of clause 8.3 and are not excluded from the warranty, you may make a claim under our limited warranty for such Products provided that:
(i) you can present to us your receipt or other adequate proof of purchase;
(ii) you have complied with the notification and inspection requirements set out under clause 8.5;
(iii) the Products have been maintained in accordance with our care & maintenance manual (as provided with the Products);
(iv) the Products are returned to us in accordance with clause 8.6; and
(v) the Products are assessed by us as being faulty in accordance with clause 8.7.
(b) Any repair or replacement under this warranty is limited to the defective part only.8.5 Notification and inspection
(a) You must inspect all Products immediately on receipt of the Products and before use.
(b) You may reject any Products as faulty provided that you give us notice of such fault (including information of your Products, your name, order delivery address, phone number, details of defect claimed):
(i) in the case of a fault that is apparent on normal visual inspection, within 14 days of receipt or before use (whichever is first); or
(ii) in the case of a latent defect, within a reasonable time of the latent defect having become apparent and within the warranty period set out under clause 3.
(c) Once we have received notification of a defect, we will be in touch with you to will help determine whether your warranty claim is valid. Please note we reserve the continuing right to assess the Products in accordance with clause 7. You may be required to provide us with:
(i) photographic evidence of the defect including video evidence where moving parts are involved;
(ii) a written explanation of the defect and any other facts relevant; and/or
(iii) details of the defect over the phone.
(d) During the process we may ask a number of questions to assist us with diagnosing potential faults of the Products. You must respond to all questions in a truthful and prompt manner. Please note that we will determine in our sole discretion whether a part or Product is defective.
(e) In providing any of this information to us you authorise our use and disclosure to those third parties that may assist us in assessing the fault (such as the manufacturer or third-party service providers).
(f) You must do all that is reasonable to prevent the Products from becoming faulty or mitigate any further harm or damage. Products must be stored in a manner that does not cause any further harm or damage to the Products. Products (whether faulty or not) must be stored and handled in the same manner as if they had no fault.8.6 How to return Products or have us attend to the Products
(a) Once we have received your information and consider it likely that there may be a fault in the Products, we will provide you with a Return Authority Number and further instructions on how to send the Products back to us or in certain circumstances we may attend the location of the Products to repair the product (if viable). Please note that we reserve the right to assess the Products before providing a replacement or refund in accordance with clause 8.7.
(b) In sending the Products back to us:
(i) ensure the Products are packaged and stored in a way that will not cause any further harm or damage to the Products. We are not responsible for any damage caused during return transit due to inadequate protection or storage methods. Certain Products will require certain levels of safekeeping. If you are unsure, please contact our staff;
(ii) ensure that the Products are packaged and delivered with registered post (or a similar service). We will not be responsible for any Products lost in the post;
(iii) certain costs may be incurred by you in returning the Products to us, including postage or freight costs. We are not liable for those return costs (although if we accept that a Product is faulty, we may reimburse you the costs of return upon receipt of evidence of the costs incurred); and
(iv) you must return the Products in the way as instructed by us or we will be unable to process your return and your Products may be forfeited with no replacement or refund provided.
(c) Where we attend the location of the Products:
(i) you grant us (and our agents) an irrevocable licence to access the address where the Products are stored for the purposes of repair and review of the Products;
(ii) you must ensure that we (and our agents) have clear and free access to the address at the times as advised by us for the repair and review of the Products;
(iii) we will not be liable for any loss or damage to the address unless due to our (or our agent’s) negligence.8.7 Products being assessed
(a) We reserve the right to assess the condition and age of the Products before repairing the Products or providing a replacement or refund. We will not be liable for or required to accept any return for any fault or damage where such fault or damage is caused or partly caused by or arises as a result of:
(i) your acts or omissions, including where you fail to take reasonable steps to prevent them from becoming defective or you fail to follow our instructions or standard practice for products the same as or similar to the Products;
(ii) your continued use after discovering fault, or attempting to alter the Products without our consent. If a product or a component of a product becomes defective, you must not attempt to repair it. Doing so may result in damage which is not covered by this warranty;
(iii) you failing to maintain the Products in accordance with our care & maintenance manual;
(iv) wilful damage, negligence or abnormal use or storage or working conditions;
(v) loss or damage due to exposure to water or weather (including rusting and corrosion); loss or damage due to fire, smoke, explosion, lightning, sunlight, boring insects or infestation by animals, or theft, or accidental damage or loss caused by a third party;
(vi) physical abuse or damage to the Products including but not limited to, burns, cuts, tears, liquid damage, or stains; provided that the defect is caused by such abuse or damage;
(vii) damage caused by use of parts and consumables that are not the genuine manufacturer’s parts and consumables;
(viii) institutional or commercial use; or
(ix) fair wear and tear.
(b) This limited warranty applies to defects due to workmanship or materials, subject to the limitations described in this warranty. This limited warranty does not cover:
(i) comfort preference; or
(ii) replacement of any non-defective pieces of the Product (for example, if only one component of the item is defective, then we will replace the defective component only).
(c) For some Products that we cannot assess ourselves, we may arrange for the Products to be sent to the supplier/manufacturer for assessment. In these circumstances, depending on the Products, please be aware that it may take up to 6 weeks to complete this process.
(d) Except where a refund is required by law, where we are required to honour a warranty claim we will at our option either replace the Product (or supply an equivalent Product) at which time we will take ownership of the replaced Product), repair the Product or pay the cost or repairing or replacing the Product.
(e) In the event that we do not find a fault in the Products, the replacement or refund will be refused, and the Products will be returned to you at your cost. You may be responsible for additional costs incurred by us.
(f) In the event that you fail to comply with any of your obligations set out under this clause 8, including in respect of the return of Products, we reserve the right to refuse to provide you with a replacement or refund of the Products in our discretion (acting reasonably).8.8 Refund Processing
(a) Where a refund is granted, then where possible, funds will be processed back in the same way they were paid to us i.e. back to your Credit Card, PayPal or Bank Account. In the event this is not possible funds will be processed into a valid Bank Account. Please note that we will only remit refunds to an Australian bank account and where the name of the bank account holder matches the payor's name/information. If you purchased via interest free finance extra charges may apply.
(b) Any refunds will be processed within 3 weeks of confirmation that the conditions of refund have been met.
(c) To process a refund we may require you to provide certain information to us and a failure to do so may result in us being unable to provide you with a refund.8.9 General
(a) This warranty is limited to Wattle Livings house range fabrics and leather only. Fabrics and leathers supplied by outside suppliers and purchaser's own fabrics are not included in this warranty. Fabrics and leathers supplied by outside suppliers may be covered by the supplier's own warranties.
(b) To the extent permitted by laws, this warranty only applies to the original purchaser of the products where the Products are delivered to an Australian residential delivery address and remain in Australia for the life of the Products. You cannot assign or transfer any benefit conferred by this warranty. All subsequent purchasers acquire the Products ‘as is’ and without the protection of the warranty. All Wattle Living warranties, including any implied warranties, are valid only for the period of time the Products are owned by the original purchaser of the Products. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Products from Wattle Living or a Wattle Living authorised retailer. Please retain a copy of your receipt as proof of purchase. All Wattle Living limited warranties are not transferable.
(c) Unfortunately, normal wear and tear does occur with the Products and components. General signs of wear and tear include without limitation:
(i) fade in colour;
(ii) creasing of fabrics and leathers;
(iii) foam and fillings softening and forming different shapes over time;
(iv) scars, marks and variations in pore density are natural characteristics of leather and not considered defects; and
(v) any other matters we reasonably consider to be fair wear and tear.
Please note that cushion fillings and suspension may need to be replaced at your expense. Fare wear and tear is not covered by our limited warranty.
(d) Colour differences caused by exposure to the local environment for products inclusive of but not limited to solid timber, timber veneer, leather and fabrics.
(e) Components replaced under this warranty may vary in texture and colour to the original and such differences are not considered defects. The feel, comfort and look of the replacement product may vary due to improvements and changes made to the Products.8.10 Clearance stock
(a) Clearance Items are purchased on an ‘as is’ basis and you accept any defects in and minor damage to those Products.
(b) Any order for Clearance Items may not be cancelled, returned or exchanged by you, either before or after delivery.
9.1 Without limitation to any other terms of these Terms and Conditions, we reserve the right to charge you a reasonable fee for storage if:
(a) you notify us that you are unable to take delivery of the Products at the initial delivery time, in which case we may charge you storage fees in respect of the Products held for delivery by us from the initial delivery date to the date of actual delivery; or
(b) you do not provide us delivery instructions within three days of a request by us for such instructions, in which case we may charge you storage fees from the first day after we request you to provide us delivery instructions.
10. Specifications & designs disclaimer
10.1 All specifications (including any information, technical information, specifications, drawings, descriptions, illustrations, dimensions or recommendations) given by us are estimates only. Please note that we will be continually improving the Products we provide, and as a result we are unable to guarantee that the specifications (as above noted) will be as specified on the Website. This includes for example (without limitation) a change in seam, cushioning adjustments, changes in comfort, a change of pattern, seat adjustments and leg height adjustments.
10.2 The descriptions, illustrations and performances contained in any of our catalogues, price lists and other advertising material do not form part of:
(a) any contract of sale of the Products; or
(b) the description applied to the
10.3 We are under no liability for damages for failure of the Products to meet such specifications, unless otherwise specifically guaranteed by us in writing. You acknowledge and agree that any such guarantees given by us are subject to reasonable tolerances and margins of error.
11. Fabrics and leathers disclaimer
11.1 Fabric and leather batches may vary in colour and texture. Whilst we promise to make your initial order from the same fabric or leather batch, we cannot promise that future orders will match your initial order due to slight variations between batches.
11.2 We cannot accept any responsibility for fading or discolouration. This may occur overtime, depending on how you use the Products, where you place them, and whether they come into contact with any chemicals. Sunlight affects different fabrics and leathers in different ways, both direct and indirect sunlight will affect fabric colour over time.
12. Accuracy of billing and account information
12.1 You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
12.2 You are solely responsible for ensuring you provide us with the correct name, phone number and any other details requested.
13. Access and termination
13.1 We reserve the right, at any time and without prior notice, to remove or disable access to this Website or any part of it, including your Account for any reason and you agree that we are not liable for any loss suffered by you or any third party as a result of the removal or disablement of the Website.
13.2 These Terms and Conditions will continue to apply until terminated or superseded by us. You can terminate your agreement with us by discontinuing your use of the Website at any time. You do not need to inform us if you choose to discontinue use of the Website.
14. Prohibited use
14.1 Your use of the Website, and your information, must not:
(a) be false, inaccurate, misleading, fraudulent, deceptive or unlawful;
(b) be in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of this Website;
(c) infringe any third party’s rights or violate any Applicable Laws;
(d) contain any viruses or similar which could affect the integrity, operation or security of this Website;
(e) create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other Users or other suppliers;
(f) damage the credibility or integrity of the Website or Wattle Living, or dilute, tarnish, or otherwise harm our brand in any way;
(g) breach or violate any of our policies;
(h) copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms and Conditions;
(i) use the Website for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the Website, or in a manner that falsely implies Wattle Living endorsement, partnership or otherwise misleads others as to your affiliation with Wattle Living; or
(j) circumvent, disable or otherwise attempt to interfere with any security related features.
15.1 Except to the extent expressly set out in these Terms and Conditions and to the maximum extent permitted by law, the Supplier provides the Products on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory. Your use of the Website and the purchase of Products is solely at your own risk.
15.2 Without limiting the other terms of this clause, you acknowledge and agree that:
(a) although reasonable care has been taken to provide accurate information, any content provided on the Website is intended for general guidance only;
(b) we provide information about how the Products can be used, this information is provided solely for your entertainment and is not a recommendation of any particular Product being suitable for your situation or to achieve any specific outcome or result.
(c) all pictures and images of Products displayed on the Website are for illustrative purposes only and may not reflect how the Product you receive actually looks. This is because some images used on the Website are computer generated renders and can look different on different monitors and screens. There are also variances in manufacturing which can result in the Products looking different to how they look on the Website. For example and without limitation, the following may differ from what you see on the Website:
(i) the colour of the Product;
(ii) the undercarriage of the Product may be more visible;
(d) any accessory featured with the Products may be sold separately; and
(e) we are not responsible for any information made available on this site, and we do not represent or warrant the accuracy of any information. Wattle Living does not promise that the Website or any content will be error-free or uninterrupted, or that your use of the Website will provide any specific results. You assume total responsibility for your use of the Website. We cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features.
16. Limitation of liability
16.1 Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Products that are not expressly set out in these Terms and Conditions to the maximum extent permitted by law.
16.2 Without limiting the generality of clause 1, we expressly exclude all liability for:
(a) any claims in respect of faulty or defective Products based on Designs supplied by you, unless such Designs have been wholly prepared by us and the responsibility for any claim has been expressly accepted by us in writing;
(b) any physical injury, financial injury, Loss (including loss of profits, revenue, business opportunities, likely savings and data) or damage of any kind arising out of, or in connection with, the supply, layout, assembly, installation or operation of the Products.
16.3 Subject to the other terms of this clause, our maximum aggregate liability to you for any Loss or damage or injury arising out of or in connection with these Terms and Conditions, including any breach by us of these Terms and Conditions however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual amounts paid by you to us under these Terms and Conditions in the one-month period preceding the matter or event giving rise to the claim.
16.4 Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of the Australian Consumer Law, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law to a supply of goods, to the extent that the Australian Consumer Law applies to the Products.
16.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.
16.6 You irrevocably waive any claim against us in respect of shortage of any Products delivered to you, if no claim in respect of short delivery has been lodged with us, in writing, within seven days of the date of receipt of your order.
16.7 The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
16.8 Without limitation to the other terms of this clause, we exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms and Conditions.
16.9 Notwithstanding anything else in this clause, our liability will be reduced to the extent the loss or damage is caused by or contributed to by you.
16.10 Where you are or may be entitled to recover from a third party any sum in respect of any matter or event that could give rise to a claim under these Terms and Conditions, you must:
(a) use your best endeavours to recover that sum before making the claim;
(b) keep us at all times fully and promptly informed of the conduct of such recovery; and
(c) reduce the amount of the claim to the extent that sums are recovered.
16.11 We will not be liable for any claim under or in relation to or arising out of these Terms and Conditions including a breach of any warranty unless:
(a) you have first made a claim under any insurance policy held by you that may cover that claim; and
(b) that claim has been denied in whole or partly by the relevant insurer.
16.12 If you recover any amount under an insurance policy in respect of a claim under or in relation to or arising out of these Terms and Conditions and that amount is less than the loss or damage incurred by you, the amount of the shortfall will be the amount of your loss for the purposes of these Terms and Conditions.
17.1 You agree to indemnify us against, and hold us harmless from, any Losses (including any direct, indirect, special or consequential Losses) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by us arising out of or in connection with:
(a) your breach of these Terms and Conditions or any policy or the terms and policies they incorporate by reference;
(b) any claim made against us by a third party arising out of your use of the Products;
(c) any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with the Products, to the extent that such damage is attributable to your acts or omission (or failure to follow our instructions); or
(d) your violation of any law or the rights of a third party, or otherwise arising directly or indirectly from your use of our services (including the sale of the Products).
17.2 You must make payments under this clause:
(a) in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by law; and
(b) in the currency in which the payment is due, and otherwise in Australian dollars, in immediately available funds.
17.3 It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause.
17.4 The indemnities in this clause:
(a) are continuing obligations of yours, independent from your other obligations under these Terms and Conditions and survive termination or expiry of these Terms and Conditions; and
(b) are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.
18. Intellectual property rights
18.1 You acknowledge that Wattle Living (or its third party licensor to the extent set out below) owns all right, title and interest in and to the Website, including without limitation all intellectual property rights, and such rights are protected by Australian and international intellectual property laws.
18.2 You consent to Wattle Living transferring your data to third party IT providers, including our Website host and back-up service provider which may be outside of Australia.
18.3 You agree that:
(a) you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the Website) any Wattle Living (or third party licensor) intellectual property except with the prior written permission of Wattle Living or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Website;
(b) Wattle Living (or its third party licensor as set out in the other terms of this clause) owns all right, title and interest in and to the Website and no right, title or interest is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;
(c) if you add any information to the Website of any nature whatsoever that information is personally attributable to you and you warrant that you have the right to distribute that Information to us;
(d) you acknowledge that when you provide us with information, we may receive additional related data, such as the time, date and place you provided the information;
(e) Wattle Living is not liable or responsible for any Loss that you may experience in submitting information to Wattle Living or for Wattle Living's use of your information in accordance with the licence granted.
18.4 Wattle Living may in its sole and absolute discretion refuse or remove any information from the Website.19. Links
19.1 Outbound links to external websites do not form part of the Website and are not under the control or the responsibility of Wattle Living.
20. Security and access
20.1 You are solely responsible for any information that you transmit to us. Whilst we use our best endeavours to maintain the security of the Website to Australian standards (including the use of SSL), we do not guarantee the security of the Website, our records, or any information you submit to us. We disclaim all liability for any computer virus or technological problems or other loss that you may suffer as a result of the browsing or downloading of any files from our Website, or from any data breach, compromise or misuse of your data that is provided to us in connection with the Website.
20.2 In order to use the Website, you need to connect to the internet and you are solely responsible for your connection and all fees associated with such connection/access.
21. Third party services
21.1 We may list or provide you with third party services on the Website.
21.2 You acknowledge and agree that by utilising any third party services through our Website (such as PayPal, ZipPay or any other payment provider) you are bound by the terms and conditions of that third party. If payment is processed via credit card through PayPal, you do not have to be registered with PayPal to make payment. The payment transaction will be processed by your credit card company at PayPal’s request immediately after confirmation of the payment order and your legitimacy as a legal cardholder. You will receive further information during the order process. If payment is processed through PayPal standard or ZipPay then you may be required to register with the relevant third party and create an account.
21.3 You acknowledge and agree that you are solely responsible for ensuring that you have read and understood any applicable third-party terms of agreement when using the Website. We will not be liable for any loss or damage suffered by you in connection with such third party terms, regardless of whether we bring these to your attention or not. You are solely responsible for obtaining a copy of and reviewing such third party terms.
21.4 In the event we provide linking services with third parties, you authorise us to undertake to provide details as necessary to that third party.22. Privacy
22.2 By using this Website, you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others.
22.3 You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any Products requested by you.
23. General terms
23.1 These Terms and Conditions are governed by the laws of New South Wales, and the parties submit to the jurisdiction of the Courts of New South Wales and relevant federal/Commonwealth courts competent to hear appears from them.
23.2 If a clause of these Terms and Conditions is void or unenforceable it must be read down to the extent necessary to give it legal effect or severed from if it cannot be read down and the remaining part and provisions shall remain in full force and effect.
23.3 You agree that these Terms and Conditions and all incorporated agreements may be assigned by us in its sole discretion without notice. You may not assign these Terms and Conditions without obtaining our prior written consent.
24. Changes to Terms and Conditions
24.1 You can review the most current version of the Terms and Conditions at any time at this page.
24.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. We will not update our Terms and Conditions retrospectively.
25. Contact information
25.1 If you have any questions about these Terms and Conditions, please contact us by using our contact details on the Website.