Terms of Sale
ABN 25 629 161 799
Updated October 2019
Thank you for choosing Design.Online. These Terms of Sale (Terms) apply to all purchases of any Design.Online product/s (Products).
In these Terms, references to “Design.Online”, “we”, “us” or “our/ours” is a reference to Design.Online Australia Pty Ltd ABN 25 629 161 799 . You, and similar expressions, refer to you, Design Online’s customer or prospective customer.
Placing an Order
Design.Online reserves the right to accept or object in its absolute discretion any order, or part of an order, which it may receive from you. When payment is received by Design.Online relating to your purchase of the Products, the order becomes immediately binding on Design.Online and you agree to all of the terms and conditions set out in these Terms. When placing an order and making payment, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements and are suitable and sufficient for your intended purpose in all respects.
The prices for Products are in Australian dollars and inclusive of GST. All additional costs payable by you pursuant to these Terms are payable to Design.Online at such times as you are notified by Design.Online from time to time. If we discover an error in the price or payment of any Products, which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have paid for the Products: we will provide you with a full refund of the amount of the price that you have paid.
You are responsible for any costs incurred in arranging payment for the Products, which include without limitation bank transfer fees and related charges. The full payment required comprises the price of the Products and all other charges payable by you pursuant to these Terms. At the time that you place your Order and make payment, we will issue you with an Order Confirmation that specifies the details of your Order. The Customer Sales Order becomes a tax invoice upon your full payment.
Risk & Title
All risk in Products passes to you on delivery. Delivery occurs when the Products are unloaded at the delivery address. All title in the Products passes to you on receipt by Design.Online of the full payment for the Products and all other charges payable by you pursuant to these Terms.
You will select your preferred type of delivery at the time that you place your Order. The types of delivery offered to you by Design.Online will depend on the location of the delivery address.
The type of delivery that you select will affect the estimated delivery date. Any time quoted for delivery is an estimate only and a confirmation email with the proposed date and time will be forward to you once a courier has been allocated to your delivery.
You must ensure correct delivery address details are provided to Design.Online at the time of order placement and notify Design.Online in advance if there will be difficulties accessing the delivery address (e.g. staircases or narrow passages). You are responsible for ensuring there is adequate access and entry to the premises at the delivery address to allow for the delivery and layout of the Products. We cannot deliver to PO Boxes as you must be available in person to accept the delivery of your order.
Products will only be delivered if a person aged over 18 years and who is able to accept delivery is present at the delivery address at the time of delivery.
If a person aged over 18 years and who is able to accept delivery is not present at the delivery address when the delivery driver first attempts to make delivery, the delivery driver will make a second attempt to deliver the Products at a later time by rescheduling the delivery with you. If a person aged over 18 years who is able to accept delivery is not present at the delivery address when the delivery driver attempts to make delivery the second time, the Products will be returned to Design.Online and Design.Online will contact you in order to make alternative arrangements for delivery of the Products.
You will not be charged for any delivery, attempted delivery or re-delivery of the Products.
We reserve the right to make part deliveries of any order. Failure to deliver all the Products you have ordered at any one time shall not invalidate these Terms insofar as any part deliveries are concerned.
You may return your Products, in some cases for a full refund, in accordance with our Returns Process, which are available on our Returns FAQ page. Returns that do not comply with the Returns Process will not be accepted and will be sent back to you.
We have made every effort to display the colours of our Products that appear on the Design.Online website as accurately as possible. However, as computer monitors, tablets and mobile devices vary, we cannot guarantee that your monitor's display of a color will be completely accurate.
In purchasing any Products that are clearance stock items you agree to purchase the Products on an ‘as is’ basis and accept any defects in and minor damage to those Products. Any scratches, marks or damage not affecting the performance of such products will be noted at the time of purchase and will not be subject to any warranty provided by Design.Online in relation to those Products. Notwithstanding any other provision of these Terms or the Returns Process, Products sold as clearance cannot be returned or exchanged.
If, pursuant to these Terms or the Returns Process, you are entitled to a refund of an amount paid by you to Design.Online, your refund will be credited to the original payment method that you used or as store credit to your Design.Online account.
Customs duties and sales taxes are non-refundable. However, you may be able to recover these by contacting your local customs bureau directly. As this may not be available for all countries, we recommend that you hire a customs broker if you wish to claim back duties on returned merchandise.
Please note that refunds can take up to 10 working days to show on your account due to varying processing times between payment providers.
You may cancel your order for the Products at any time prior to the order being shipped, which is just prior to the Products being loaded onto a truck for delivery to you. If you cancel your order before it is shipped, then Design.Online will rescind the contract for the sale of the Products by notice to you and:
- you will be entitled to receive a full refund of the price that you have paid for the Products;
- you will have no further claim to the Products; and
- Design.Online may solely at its discretion agree to sell the Products to you at a later date for the full purchase price.
Unless otherwise provided in these Terms, Design.Online accepts no cancellation of orders that have already been shipped.
Design.Online will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond Design.Online’s reasonable control.
We will use reasonable endeavours to meet the estimated delivery date. If we do not meet the estimated delivery date, Design.Online’s liability will be limited, at Design.Online’s option, to resupplying the Products at a different time.
If at any time after receiving an order from you, Design.Online, its supplier, subcontractor, manufacturer or any carrier suffers a Force Majeure Event or an Insolvency Event that prevents or delays Design.Online from supplying some or all of the Products set out in an order by the estimated delivery date, Design.Online may elect to extend the time for performance of the delivery or terminate the order if the Force Majeure Event continues for a period of 14 days or more, without any liability to you.
In this paragraph:
- ‘Force Majeure Event’ means any act of God, fire, earthquake, flood, storm, strikes, lock-outs, bans or other industrial disturbances, civil riot, government interference, by-laws, rules and regulations or order of any competent authority that is beyond Design.Online’s, its supplier’s, subcontractor’s, manufacturer’s or any carrier’s control and that could not reasonably have been expected to have known at the time Design.Online receives an order from you; and
- ‘Insolvency Event’ means any one or more of the following events:
- (i) a controller, administrator, liquidator, trustee in bankruptcy or similar person being appointed to it or to any of its assets or undertakings or any step is taken to do so;
- (ii) a resolution that it be wound up is passed or proposed or process is filed in a court seeking an order that it be wound up;
- (iii) it resolves to enter into, or enters into, any moratorium, arrangement, compromise or composition with any of its creditors, other than in the ordinary course of its business;
- (iv) anything having a substantially similar effect to any of the events specified in paragraphs (i) to (iii), inclusive, of this definition happens to it under the law of any jurisdiction.
Variations and Specifications
Your Product may exhibit different characteristics to images on the Design.Online website. Please note that soft furniture may vary in appearance and characteristics such as creasing and the degree of softness. Colour swatches and samples are an approximate guide only as leather and fabrics vary in colour and texture.
To the full extent permitted by law, we reserve the right to change dimensions, design and construction and to pattern match fabrics according to Design.Online’s best judgment to improve the design of the Product where these changes are limited to the internal changes to the Products and are not noticeable to you.
Please choose carefully as, unless otherwise provided in these Terms or the Returns Process, Design.Online:
- a) will not provide you with a refund or exchange simply because you have changed your mind or the products did not meet your expectations;
- b) will not be responsible for ensuring that the Products are suitable for a particular purpose, unless it is self-evident or accepted in writing by Design.Online;
- c) will be unable to refund, exchange or credit your account, unless Products are faulty; and
- d) will not be liable to provide any refund, returns, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the products whist they were in your possession or control.
To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and Design.Online is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:
- a) any increased costs or expenses;
- b) any loss of profit, revenue, business, contracts or anticipated savings;
- c) your use or misuse of the Products;
- d) any act, omission or negligence by you, your agents or representatives;
- e) any loss or expense resulting from a claim by a third party; or
- f) any delays in delivery of the Products;
- g) any special, indirect or consequential loss or damage of any nature whatsoever caused by Design.Online’s failure to complete or delay in completing the order to deliver the Products.
To the full extent permitted by law, where Design.Online’s liability cannot be excluded, the maximum aggregate liability of Design.Online for any breach of a condition, guarantee or warranty whether implied by law or otherwise (including the Australian Consumer Law), is limited to, at the option of Design.Online:
- a) the replacement of the Products;
- b) the repair of the Products;
- c) the payment of the cost of replacing the Products or acquiring equivalent products; or
- d) the payment of the cost of having the products repaired.
In circumstances where Design.Online’s liability cannot be limited to the matters set out in the paragraph above, the maximum aggregate liability of Design.Online for any breach of a condition, guarantee or warranty whether implied by law or otherwise (including the Australian Consumer Law), is limited to the amount payable by you to Design.Online in respect of the Product giving rise to the liability.
Inspection of Products on Delivery and Claims
You must inspect your Products when you take delivery of them. To make a claim you must notify Design.Online in writing of any damage to the Products or shortages in delivery within 24 hours of delivery by Design.Online by sending an email to [email protected]. The notice must contain the order number, delivery date and reasonable details of the non-conformity. If the notice does not contain these details, it is deemed acceptance of the Products by you. Design.Online is not liable for any claim of loss, damage or fault to the Products that you do not notify strictly in accordance with these Terms. Non-conformity of any part of the ordered Products does not entitle you to reject all of the ordered Products.
You acknowledge that at all times all intellectual property of Design.Online including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions, and registered and unregistered designs and trade marks remain the property of Design.Online. You will not knowingly allow any intellectual property belonging to Design.Online to be reverse engineered, pirated or copied or breached in any other manner. Design.Online may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of Design.Online's intellectual property rights.
To the full extent permitted by law, you will indemnify Design.Online and keep indemnified Design.Online from and against all liability, loss or damage Design.Online may sustain, as result of a breach, act or omission, arising directly or indirectly from any breach of these Terms by you.
These Terms will be governed by and construed in accordance with the laws of New South Wales in Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state and courts entitled to hear appeals from those courts.
Subject to these Terms and to the full extent permitted by law, these Terms constitute the whole agreement between Design.Online and you for the purchase of the Products.
If any part of these Terms are found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms continue to be enforceable and valid.
For further information please contact Design.Online Customer Service:
123 Turrella St
Turrella NSW 2205 Australia