Sale Terms & Conditions

1. GENERAL

1.1 These terms and conditions constitute the entire agreement between Decorators Market Pty Ltd, its successors and assignees (Decorators Market, we or us) and the Customer relating to the goods purchased by the Customer (Terms and Conditions). There are no agreements, understanding, warranties or representation between the parties other than those contained in these Terms and Conditions.  The Customer expressly agrees that his/her offer to purchase the goods is in accordance with these Terms and Conditions and no others.

1.2 All goods and all other products sold by Decorators Market are sold in accordance with these Terms and Conditions.

1.3 Your purchase from us indicates that you have had sufficient opportunity to access the Terms and Conditions and contact us, that you have read, accepted and will comply with the Terms and Conditions, and that you are eighteen (18) years or older.  You must not order products or services from us if you are under eighteen (18) years of age.  If you do not agree to the Terms and Conditions, do not purchase from us.

2. TITLE

2.1 No title in the goods shall pass to the Customer until the purchase price is paid to Decorators Market in full.

3. PRODUCT CHARACTERISTICS, VARIATIONS, DESCRIPTION AND SAMPLES

3.1 Decorators Market acknowledges the Australian Consumer Law (ACL) requirements that goods sold to consumers will match the description and any sample provided.  Decorators Market provides the following information regarding the accuracy of descriptions and samples.

3.2 Descriptions: The Customer acknowledges and agrees that colours, textures and other characteristics of products, differ between different electronic viewing devices, due to the screen colour settings and resolution.  Decorators Market is unable to guarantee or warrant that the product colours, textures and other characteristics will be the same physically, as you have viewed online.

3.3 Samples: Decorators Market provides samples on request, as noted on the Website.  You can order samples, before you place an order. Samples may vary in size and content, at the discretion of the supplier.  Decorators Market cannot guarantee the size or content of the samples. We use all reasonable efforts to ensure that samples represent the product, including colours and design, however this is not always possible, depending on the size and design of the product.  Colour matching of samples cannot be guaranteed due to natural dyelot variations. If you require an exact colour match from the stock fabric, please contact us directly at [email protected]  We will use all reasonable efforts to assist to match the colour.  Samples will be sent to the registered shipping address only. Please ensure this is up to date as Decorators Market will not be responsible for replacing samples sent to an incorrect address. Decorators Market is unable to send samples to an address outside of Australia.

3.4 Remnants and second hand products offered for sale are sold on as is basis.  The Website will contain information on the condition of the product.  Please contact us if you would like further information.  Remnants and second hand products may also be faded, creased, hemmed, contain staple marks or holes, or other issues consistent with a remnant or second hand product.

3.5 Variations to descriptions and samples:

The Customer accepts the composition and manufacturing processes of some goods may result in minor irregularities or variations which do not constitute a fault with the goods. Decorators Market will not be liable for the repair, replacement or refund of goods in the following circumstances:

a) where the fabric widths, and pattern repeat details, differ to those measurements provided on this Website within +/- 5%;

b) where irregularities of weaves and discolouring occurs in hand woven and hand printed fabrics;

c) where fabric shrinkage of up to 5% occurs;

d) where fabric colours fade; and

e) where dye lot variations occur in fabrics.

Fabrics have inherent characteristics which could cause changes and imperfections to the goods over time, and fabrics are affected by wear and tear over time. Possible changes include fabric stretching, creasing, bruising, dropping, loosening and shrinking, brought on by a range of factors such as:

a) Changes in atmospheric conditions (heating and cooling)

b) Moisture and humidity

c) Gravity and the weight of the fabric when hung

d) Time

e) Wear and tear

Minor change and imperfections are considered normal and reasonable.  Minor change and imperfections are not considered to be a major or minor fault, so not subject to our refund, return or exchange policy.  If the Customer is unsure about whether the changed state is normal or ‘reasonable’, please contact us immediately.

3.5 Accuracy of Order and Measurements: The Customer is solely responsible for the accuracy of the order, including fabric, type of product, and measurements provided to Decorators Market.  Custom products that have been made correctly, but according to incorrect measurements provided by the Customer, are not considered to be faulty and are not subject to our refund, return or exchange policy.

3.6 “Custom” includes, but is not limited to any product cut to order, cut to length, made to order, or created for that order.  This includes but is not limited to fabric, wallpaper, curtain rods, cushions and curtains.

4. ORDERS

4. 1You may order with us as set out on the Website.  We may at our discretion accept orders by phone or mail, and accept or reject an order from the Website, by phone or email, depending on factors including availability of products and our ability to validate payment for the products.

4. 2 It is your responsibility to check the order details, including measurements, fabric, product and pricing, before you complete your order on our Website.

4. 3 We will provide you with a confirmation email containing the order number, the shipping and billing addresses and a description of what was ordered, when you order and pay and your payment has been validated.

4. 4 A binding agreement comes into existence between you and us, once we have given you an order number.  No changes to the Terms and Conditions will be effective unless we both agree to the changes in writing.

5. PRICE,  PAYMENT AND TAXES

5.1 The price of the goods are set out on this Website and are shown in Australian Dollars (AUD). Decorators Market retains the right to change prices, and discontinue fabrics, on the Website without notice. The payment methods are set out on the Website, including PayPal, Visa and Mastercard. If we agree to take an order over the phone, this needs to be paid by credit card, and the order needs to be confirmed in writing including by email.

5.2 You agree to pay the purchase price specified on the Website at the time that you place your order for the purchase of a product, plus any applicable delivery and insurance charges based on the delivery options selected by you.  All sums payable to Decorators Market pursuant to this agreement shall be made upon placement of the order, or on such terms as Decorators Market may otherwise notify in writing.

5.3 If the Customer fails to make payment in accordance with these Terms and Conditions, or fails to comply with any such demand by Decorators Market, Decorators Market may at its own option, and without liability on its part:

5.3.1 treat such failure or refusal as a repudiation of the portion of the contract and of any such existing contracts which it has with the Customer;

5.3.2 resell the goods at any one or more public or private sales at wholesale or otherwise;

5.3.3 stop production, defer deliveries or cancel the installation of any goods purchased under any agreement with the Customer, except upon receipt of satisfactory security of cash at or before delivery or installation; or

5.3.4 uninstall and retake possession of the goods purchased under any agreement with the Customer.

5.4 All purchase prices include Australian GST (where applicable).  The Customer shall also pay any tax not currently applicable but which is ruled applicable by any new law or interpretation under the laws of Australia.

6. AVAILABILITY AND CANCELLATION OF ORDERS

6.1 Orders may be cancelled within 24 hours of the order being places, at Decorators Market’s discretion, and subject to the supplier accepting the return of the goods as relevant..  All requests to cancel an order must be confirmed in writing, including by email.

6.2 Should the supplier not accept the return of the goods under their standard terms of trade, Decorators Market is under no obligation to consent to the cancellation unless under terms which indemnify Decorators Market against all losses.

6.3 A full refund will be provided for the cancelled order, less the costs associated with the cancellation of the order that are to be paid for by the Customer and will be deducted from the amount to be refunded, including any duties, charges, fees, taxes and other costs (if any) relating to the credit card processing fees, return delivery of the goods, any re-stocking fee stipulated by the supplier and the refund of payment.

6.4 If there is a considerable delay in dispatching your order, or if for any reason, we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order.  You can choose a refund, store credit, or to put your order on backorder as agreed with you.  If you choose a refund or store credit, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.

7. DELIVERY OF GOODS

7. 1. Unless otherwise agreed in writing between the parties, all goods are sold on Decorators Market’s standard shipping terms as communicated to the Customer.  All duties, charges, fees, taxes and other costs (if any) are for the Customer’s account.  All insurance charges are for the Customer’s account. Decorators Market’s obligation to effect shipment of the goods shall be fully discharged upon delivery.  All risk of damage or loss to the goods shall pass to the Customer upon such delivery.

7. 2. Location: We deliver to most areas in mainland Australia, if there is a courier or postal service that can deliver there.

7. 3. Cost: We offer free delivery for some products to some areas, as set out on the Website. If free delivery does not apply, a delivery fee will apply, as set out on the Website.

7. 4. Timing: We process orders within two (2) Business Days of the receipt of your order.  Dispatch from the supplier depends on factors including availability of stock and time to make a custom order. The supplier delivers the product to Decorators Market and we will contact you, using the contact method that you provided to us, to provide you with notice.  We will normally dispatch the products within three (3) to five (5) Business Days after this notice.  Please see our Website for further delivery information. Any delivery periods are estimates only, based on the information provided by the delivery company.  We will deliver the product to the place of delivery you specify when making your order.

7. 5. Method: We may deliver the products via a range of delivery methods, including courier or postal service. We reserve the right to choose the most appropriate method of delivery for the goods. If there is no-one able to take delivery at the place of delivery you specify, then the product will be returned to the depot for collection, unless you specify to us that it may be left at the place of delivery.

8. INSPECTION AND ACCEPTANCE

Please inspect your goods carefully once received, and notify us as soon as possible if you consider there is an issue to be addressed. Please notify us of any issue, within 7 days of receiving the goods.

9. WARRANTY AND LIABILITY OF SUPPLIER

9. 1 While the information and material contained on the Website is believed to be accurate and current, it is provided by Decorators Market in good faith on an “as is” basis, and Decorators Market and the owners and employees of Decorators Market accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Website.

9. 2 Certain legislation including the ACL in the Consumer and Competition Act 2010 (Cth), similar State or Territory legislation in Australia and similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (Rights).

9. 3 We exclude all implied conditions and warranties except for your Rights, to the extent permitted by law, including but not limited to:

a) Decorators Market expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms and Conditions;

b) Decorators Market takes no responsibility for, and will not be liable for, the Website or the products being unavailable; and

c) Decorators Market will not be liable for any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Website, inability to access or use the Website, the products, the services, the late supply of products, or the Terms and Conditions, even if Decorators Market was expressly advised of the likelihood of such loss or damage.

9. 4 Our total liability arising out of or in connection with the goods, services or the Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of goods under the Terms and Conditions.

10. RETURNS, REFUNDS AND EXCHANGE POLICY

10. 1 Our goods come with guarantees that cannot be excluded under the ACL.  Nothing in the Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which by law may not be limited or excluded.

10. 2 If you are a consumer as defined in the ACL, the following notice applies to you:

“Our goods come with warranties and guarantees that cannot be excluded under the ACL (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

10. 3 Decorators Market will authorise the return of goods, and the full refund of payment to the Customer, under the following circumstances of major failure:

a) the goods are damaged or defective (see ‘Inspection and Acceptance’ above); or

b) the goods are in breach of the Supplier’s conditions of warranty and the replacement or repair of the goods is not appropriate (see ‘Warranty and Liability of Supplier’ above); and

c) You have provided evidence of the faulty goods to us, or we have received the goods at our warehouse and inspected it and assessed whether it is eligible for a refund under the Terms and Conditions.

10. 4 Decorators Market will authorise the exchange of goods if all of the following conditions are met:

a) the goods are returned to Decorators Market within 14 days of delivery to the Customer;

b) the goods were not supplied as a custom order and

c) All freight and insurance for the return of the goods is paid by the Customer and in accordance with the terms specified by Decorators Market.

10. 5 You should not return previously delivered goods without Decorators Market’s written consent.

10. 6 All goods returned to Decorators Market must be in the same unused condition as when they were delivered to the Customer, and must not have been altered or damaged in any way. Decorators Market reserves the right not to accept, refund or exchange any returned goods that do not meet this condition. We will not accept for return any goods that have been used, washed, damaged, or if your product is custom made.

10. 7 All refunds will be made via the same method of payment as originally received.

10. 8 You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. All original items including packaging must also be returned. We will arrange for any products you want returned to be collected, usually within 3 business days.

10. 9 You have a duty of care for the product while it is in your possession.  If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition.  In these circumstances, where a repair is not economically viable, no refund will be made.

Outside of the ACL

10. 10 Decorators Market is not required to provide a refund, return or exchange for reasons outside of the ACL requirements, including:

a) as set out in these Terms and Conditions, including in clause 3, for product characteristics, variations and custom considerations including reasonable variations from sample

b) where the terms of use and/or care instructions for the product have not been followed; and

c) any abnormal use of the goods, including incorrect cleaning and maintenance of the product and product not being used for the purpose it was designed.

Manufacturer’s Warranty

10.11 Your product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers’ warranties do not apply in a business or commercial setting.  Please contact us if you would like to make a claim under the manufacturer’s warranty.

11. INTELLECTUAL PROPERTY

11.1 Decorators Market makes no representation or warranty that the Product(s) will not infringe the patents, trademarks, trade names copyrights or other intellectual property rights of third parties.

11.2 The Customer shall acquire no right, title or interest in Decorators Market’s intellectual property including trademarks, trade names copyrights, know-how, designs or trade secrets whether such intellectual property is owned by or licensed to Decorators Market.   The Customer agrees to assign to Decorators Market or any nominee of Decorators Market any rights it may obtain in such intellectual property by operation of Law or otherwise. The Customer agrees to provide Decorators Market with aid and assistance in protecting Decorators Market’s intellectual property rights, including notifying Decorators Market of any infringements thereof.   The Customer agrees not to utilise Decorators Market’s intellectual property for its own purposes or the purposes or third parties, other than with the prior written consent of Decorators Market.

11.3 The Customer warrants that the enhancements (if any) do not and will not infringe the intellectual property rights of any person.   The Customer agrees that the indemnity in this section 11 specifically extends to the foregoing warranty, without limiting its general effect or intent.

12. GENERAL INDEMNIFICATION

12.1 The Customer shall indemnify, defend and hold harmless Decorators Market from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from any breach of these Terms and Conditions by the Customer and from any acts, omission or misrepresentation by the Customer in connection with the production, sale, installation,
or use of the goods.

13. FORCE MAJEURE

13.1 If by any reason of fact, circumstance, matter or thing beyond the reasonable control of Decorators Market that results in Decorators Market being unable to perform in whole or part any obligation hereunder, Decorators Market shall be relived of that obligation here under to the extent and for the period that it is so unable to perform and shall not be liable to the Customer in respect of such inability.

14. PRIVACY

14.1 We are aware of our concerns relating to the privacy of your information and are committed to confidentiality at all times. The information collected from you is only used for the stated purpose and is not shared with other organisations.   A copy or our privacy policy is available upon request.

15. GENERAL

15. 1. Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.  No waiver by us of any of the Terms and Conditions shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

15. 2. Assignment: You must not assign any rights and obligations under the Terms and Conditions whether in whole or in part without our prior written consent

15. 3. Severability: If any of the Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

15. 4. Jurisdiction and Applicable Law: Your use of this Website and any dispute arising out of your use of it is subject to the laws of Queensland. These Terms will be governed by the laws of New South Wales, Australia and subject to the exclusive jurisdiction of the New South Wales courts. The Website may be accessed throughout Australia and overseas. Decorators Market makes no representation that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

15. 5. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and Decorators Market and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

Please direct any notices to:

Decorators Market Pty Ltd (ABN 38 612 394 340)

PO Box 269, St Ives, NSW, 2075

[email protected]

Last update: 25th October 2016

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