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Terms & Conditions

1.      AGREEMENT
  • These Terms and Conditions apply to you, the Website user and your usage of the Stools & Chairs and associated software, networks and processes, including the purchase of goods or services through the Website.
  • By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below.
2.      INTERPRETATION

In these Terms and Conditions:

"Agreement" means these Terms and Conditions, including all the terms of any Order placed by you the user through the Website (if applicable).
"Customer" means the person or legal entity identified in a Stools & Chairs quote, invoice or sales document.
 "Delivery Cost" means the costs associated with delivery as specified in an Order.
"Goods" means the Products listed in an Order.
 "Intellectual Property" means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
"Material" means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
"Order" means an order for one or more Products placed by a Customer in response to an invitation to treat made by Stools & Chairs through the Website.
"Pre-sale" means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.
"Products" means any items listed on the Website (for sale or otherwise).
"Website" means the internet site located at the URL www.stoolsandchairs.com.au and operated by Stools & Chairs.

Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supercedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

3.      SITE USE
  • You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
  • You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
  • To become a member of the Website, you must provide your name, address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us at info@stoolsandchairs.com.au
  • You will receive an email from us immediately after you create your membership account.
  • You may not use one email address to register for multiple accounts.
  • You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
  • Stools & Chairs may stop (temporarily or permanently) providing access to the Website to you, or to guests or members generally, at our discretion and without prior notice to you.
  • We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
  • We may impose limits or restrictions on the use you may make of the Website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, we may withdraw the Website, or change or remove Website functionality at any time without notice to you.
  • The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Stools & Chairs will not be responsible for the content or privacy practices associated with linked web sites.
  • You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content.
  • You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Stools & Chairs takes no responsibility for any such damage which may arise in connection with your use of the Website.
4.      LEGAL CAPACITY
  • You must be eighteen (18) years of age or over to register as a member of the Website or purchase Products from the Website.
  • Any Order and/or purchase made by you using this Website is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with Stools & Chairs in relation to these terms.
  • Stools & Chairs reserves the right to take legal action and seek compensation for any loss or damage it may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
5.      PRICING
  • All prices listed on the Website are in Australian Dollars unless otherwise specified.
  • All prices listed on the Website include all applicable taxes unless otherwise specified.
  • All prices displayed on the Stools & Chairs website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
  • You agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.
  • Free shipping offers are given at the sole discretion of Stools & Chairs and may incur additional charges for delivery to remote areas as defined by Stools & Chairs.
  • Stools & Chairs reserves the right to refuse a sale.
6.      PRODUCT SPECIFICATIONS
  • Features and specifications of Products described or depicted on the Website are subject to change without notice.
  • Unless otherwise stated, any accessories, or furnishings shown in any Product image on the Website are not included in the price.
  • All weights and dimensions mentioned are approximate.
7.      ORDERS
  • You may place an Order by filling in the Order Form on the Stools & Chairs Website and clicking the "BUY NOW" button. When you place your Order, we will issue you with an Order Number. We will do this by email.
  • Offers for Products made by Stools & Chairs the Website do not constitute an offer to sell but an invitation to treat. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
  • Orders will be deemed to have been received by Stools & Chairs at the time Stools & Chairs sends an Order confirmation to your nominated e-mail address.
  • Stools & Chairs is an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
  • Each Order (once confirmed) represents a separate agreement.
  • Stools & Chairs reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
  • Stools & Chairs, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.
  • In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
  • Stools & Chairs reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement.  An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
  • Stools & Chairs accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.

8.      PAYMENT
  • Stools & Chairs currently accepts Visa/Mastercard, and Bank Deposit.
  • Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as on Pre-sale.
  • You acknowledge that Stools & Chairs may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
  • If your nominated payment method triggers Stools & Chairs internal suspect transaction protocols, Stools & Chairs may contact you to confirm additional details, or rescind the transaction.

9.      DELIVERY AND OWNERSHIP OF THE GOODS
  • You may place an Order by filling in the Order Form on the Stools & Chairs Website and clicking the "BUY NOW" button. When you place your Order, we will issue you with an Order Number. We will do this by email.
  • Offers for Products made by Stools & Chairs the Website do not constitute an offer to sell but an invitation to treat. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
  • Orders will be deemed to have been received by Stools & Chairs at the time Stools & Chairs sends an Order confirmation to your nominated e-mail address.
  • Stools & Chairs is an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
  • Each Order (once confirmed) represents a separate agreement.
  • Stools & Chairs reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
  • Stools & Chairs, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.
  • In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
  • Stools & Chairs reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement.  An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
  • Stools & Chairs accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
  • Stools & Chairs currently accepts Visa/Mastercard, and Bank Deposit.
  • Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as on Pre-sale.
  • You acknowledge that Stools & Chairs may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
  • If your nominated payment method triggers Stools & Chairs internal suspect transaction protocols, Stools & Chairs may contact you to confirm additional details, or rescind the transaction.
  • Stools & Chairs tries to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. Stools & Chairs does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
  • The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Stools & Chairs and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than week, customers will be notified by e-mail at the e-mail address nominated in their Order.
  • Stools & Chairs will not dispatch Goods to addresses outsideAustraliaor PO Box addresses.
  • Title and risk in the Goods pass to the customer on signing for delivery of the Goods.
  • Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided.
  • Stools & Chairs's nominated courier will deliver Goods during business hours (am to pm, Monday to Friday)
  • Stools & Chairs is not responsible for the delivery times of Goods. Any information provided by Stools & Chairs to a customer in relation to delivery will be from a third party, and as such Stools & Chairs will not guarantee the accuracy of such information.
  • Stools & Chairs may require a deposit to hold goods for a future delivery date. From the agreed date, the customer or client is given a grace period of 6 weeks to arrange for delivery of their goods. Failure to complete the order within the grace period is subject to extra storage costs to be paid by the customer.
10.  FAULTY OR DAMAGED GOODS
  • Stools & Chairs will repair or replace damaged or faulty Goods in accordance with these Terms and Conditions.
  • Where a Good is faulty within the first days after delivery or is already damaged on delivery, and the customer notifies Stools & Chairs of that fault within the first  days after delivery, then Stools & Chairs will:
  • (a) Replace or Repair the faulty Good at their discretion; or
  • (b) If Stools & Chairs is unable to provide a new replacement, Stools & Chairs has the option to offer a full or partial refund dependant on the amount of damage to the product.
  • (c) Where a new replacement is available, and the customer elects to receive a refund instead of a replacement, the refund will be for the amount of the purchase price excluding the initial Delivery Cost.
  • (d) The  Day period will commence on the date that the customer accepts delivery of their Stools & Chairs product. Where there is no proof of delivery, this date will be assumed to be  business days from the date of dispatch of the product.
  • Outside of this  Day period, faults will be dealt with in accordance with the terms and conditions of the applicable Stools & Chairs Standard Warranty.
  • Where Goods are already damaged on delivery, Stools & Chairs requires photographic evidence of the damage to be e-mailed to info@stoolsandchairs.com.au before authorising return of the Goods.
  • Stools & Chairs reserves sole discretion to determine whether the Goods are faulty or damaged in accordance with this clause .
  • Stools & Chairs may seek reimbursement of any costs incurred by us if the Product is found to be in good working order.
11.  REFUNDS AND RETURNS
  • Other than in accordance with Stools & Chairs’s 7 Day Money Back Guarantee, Stools & Chairs does not provide refunds.
  • No refunds are available for services where goods are not offered.
  • Other than in accordance with clause, Stools & Chairs will only accept the return of Goods that have been supplied incorrectly.
  • In order to facilitate a return under these Terms and Conditions, e-mail info@stoolsandchairs.com.au
  • The customer must comply with directions from Stools & Chairs staff to facilitate a return.
  • Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition.
  • It is the customer’s responsibility to ensure that returned items are returned safely. Stools & Chairs takes no responsibility for items lost in transit.
12.  WARRANTIES
  • Each Product sold on the Website is covered by a 12 month Stools & Chairs Standard Warranty.
  • To the extent permitted by law, the warranties are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
  • Stools & Chairs will carry spare parts for each product for the length of the Standard Warranty period. Stools & Chairs does not guarantee the availability of spare parts outside of this period. Where a Product is outside of warranty, Stools & Chairs reserves the right to refuse to supply spare parts where limited stock is available.
  • Certain legislation may imply warranties or conditions or impose obligations upon Stools & Chairs which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which Stools & Chairs is able to do so, its liability will be limited, at its option to the replacement of the Goods or resupply of equivalent Goods; repair of the Goods; payment of the cost of replacing the Goods or acquiring equivalent Goods.
13.  INTELLECTUAL PROPERTY
  • You acknowledge that all Intellectual Property in any Material on the Website is the property of Stools & Chairs, or a third party and remains the property of its respective owners. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material. These intellectual property rights are protected by Australian and international laws and nothing in this Agreement gives you a right to use any of them.
  • You may view the Website and its contents for personal and non commercial use only and subject to the Copyright Act  (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Website or commercialise any information obtained from any part of the Website without the prior written consent of Stools & Chairs or, in the case of third party Material, from the owner of the copyright in that Material.
  • You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website
14.  INDEMNITY
  • You waive, release, discharge and relinquish any and all claims that you have now or may have against Stools & Chairs which are connected with, arise out of, relate to or are incidental to the use of the Website.
  • You agree to indemnify and to keep indemnified Stools & Chairs and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Stools & Chairs arising out of or in connection with the your use of the Website and the use of any Stools & Chairs Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
15.  LIABILITY
  • To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Stools & Chairs (in negligence or otherwise) is limited (at the option of Stools & Chairs) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that Stools & Chairs shall not be held liable for any indirect or consequential loss.
  • To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Stools & Chairs (in negligence or otherwise) is limited (at the option of Stools & Chairs) to these Terms and Conditions and those listed in related Stools & Chairs warranties.
16.  PRIVACY
  • We gather personal information about our customers for the purposes of:
  • (a) marketing, supplying or delivering our products to you;
  • (b) carrying out repair work (both in and out of warranty repairs);
  • (c) improving and developing our products; and
  • (d) expanding our business.
  • Stools & Chairs is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.
  • Stools & Chairs will not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause .
  • In the process of dealing with our customers, we may collect and hold the following types of information:
  • (a) Information about persons who are customers or target customers as given to us by those persons, or information obtained from public domain sources such as magazines and newspapers.
  • (b) Information about roles, means of communication with, and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations.
  • The aforementioned information may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions.
  • We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example we may retain a third party repairer to provide warranty repair. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.
  • You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act . If you wish to access your personal information please contact us at by e-mail at info@stoolsandchairs.com.au
17. LOWEST PRICE GUARANTEE
  • Lowest Price Guarantee subject to the Lowest Price Gaurantee Terms and Conditions. These include, and are not restricted to:
    1. Advertisements must be current and items identical.
    2. Competitor must have stock available in quantity requested.
    3. Competitors’ must be based out of Australia
    4. Competitors’ conditions may apply. i.e. Payment type, location, freight, etc.
    5. Excludes reproductions (e.g. photocopies, print outs etc.) of competitors’ vouchers.
    6. Excludes trade buyers, online offers, online auction sites, duty free, liquidation or clearance sales.
    7. We reserve the right to limit sales to retail quantities.
 
18.  GENERAL
  • Stools & Chairs reserves the right to make changes to the Stools & Chairs Website and Order Terms and Conditions without notice.
  • Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
  • A failure or delay by Stools & Chairs to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Stools & Chairs does not preclude its future ability to exercise that or any other power or right.

 



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