(a) Order means an offer and payment made by you in response to an invitation to treat made by Stylecraft via the Website.
(b) Order Confirmation means confirmation provided by Stylecraft once Stylecraft has accepted your Order.
(c) Order Number means the number of the Order provided on the Order Confirmation.
(d) Second Hand Products has the meaning provided to that term in clause 8(b).
(e) Stylecraft means Stylecraft Australia Pty Ltd ACN 105 434 026.
(f) Stylecraft Showrooms means any one or more of the Stylecraft showrooms located at the following addresses:
(i) Stylecraft Melbourne: 145 Flinders Lane, Melbourne
(ii) Stylecraft Sydney: 24/100 William St, Woolloomoolloo
(iii) Stylecraft Adelaide: 11 Waymouth St, Adelaide
(iv) Stylecraft Brisbane: Level 1, 50 James Street, Fortitude Valley
(v) Stylecraft Canberra: Suite 123, Level 1/Mode 3, 24 Lonsdale Street
(vi) Stylecraft Perth: Level 1, 342 Murray Street , Perth
(h) Stylecraft Refund Policy means the refund policy of Stylecraft accessible at https://www.stylecraftnow.com.au/shipping-returns/
(i) Stylecraft Voucher Terms means the Stylecraft voucher terms and conditions accessible at https://www.stylecraftnow.com.au/shipping-returns/
(j) StylecraftNOW Account means an account created on the Website belonging to you, containing information such as your name, booking history, and contact information.
(l) Terms of Sale means the terms of sale of the Website accessible at https://stylecraftnow.com.au/terms-conditions/.
(m) Website means our website www.stylecraftNOW.com.au, and includes the whole or any part of the web pages located on the Website (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
(a) A reference to “you”, “user”, “member”, and “guest” in the Terms of Sale means anyone who visits and/or uses the Website.
(b) A reference to a “third party” in the Terms of Sale includes a reference to any agent or contractor of Stylecraft, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the Website or in the fulfillment of Orders made through the Website, and includes any one or more of them.
(b) If you do not accept the Terms of Sale, you must refrain from using this website or making a purchase from the Website. If you use the Website to make a purchase from the Website, you will be deemed to have read, understood and accepted the Terms of Sale.
(c) Stylecraft (“us”, “our”, “we”, “Stylecraft”), carries on business from the website.
(d) Stylecraft does not publish, make, or authorise any offer or representation by the Website and does not represent that any goods or services described on the Website will be offered by or available from the Website or any of the Stylecraft Showrooms, or at all.
(e) Where the goods or services are available from any of the Stylecraft Showrooms, the price for those goods or services may vary from the price shown or communicated via the Website. Please call us prior to attending any of the Stylecraft Showrooms to enquire whether the goods or services are on display or available.
4. User Agreement
(b) The Terms of Sale may be amended at any time without notice and your access to the Website may be terminated at any time without notice. Your continued use of the Website following such amendment of the Terms of Sale will represent an agreement by you to be bound by the Terms of Sale as amended. We recommend you review the Terms of Sale for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us.
5. Guests and Members
(a) You may access and/or use the website as a guest or as a member (via a StylecraftNOW Account).
(b) To submit an Order to purchase products offered via the Website you may be required to create a StylecraftNOW Account.
(c) You must be at least 18 years of age to obtain a StylecraftNOW Account.
(d) You agree to maintain accurate, complete, and up-to-date information in your Stylecraft Account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file or an incorrect shipping address, may result in your inability to access or receive our services or goods.
(e) You are responsible for all activity that occurs under your StylecraftNOW Account, and you agree to maintain the security and secrecy of your account username and password at all times. Unless otherwise permitted by Stylecraft in writing, you may only possess one StylecraftNOW Account.
(g) By creating a StylecraftNOW Account, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and notifications to the telephone or mobile number you provided to us. You understand and agree that you may receive automated SMS or MMS messages or communications sent by or on behalf of Stylecraft. Such communications may include, but are not limited to:
(i) confirmations or notifications about the Order submitted by you;
(ii) communications in relation to any questions or feedback submitted by you;
(iii) communications concerning your StylecraftNOW Account or your use of the Website; and
(iv) updates concerning new and existing features, news, communications and promotions.
(h) If you wish to opt-out of email, text or other communications, please contact us at email@example.com or follow the instructions to unsubscribe from the communication (as contained in the communication). If you unsubscribe to certain communications, this may affect our ability to provide some or all of our products or services.
6. Legal Capacity
(a) You must be eighteen (18) years of age or over to register as a member of the Website or to place Orders from the website.
(b) Any Order and/or purchase made by you using this website is an acknowledgement by you that you:
(i) are over the age of eighteen (18) years;
(ii) accept the Terms of Sale;
(iii) agree that you have entered into a legal contract with Stylecraft in relation to the Terms of Sale; and
(iv) the Terms of Sale, together with your Order, constitute the entire agreement between you and Stylecraft for the supply of any products or services offered by Stylecraft.
(c) Stylecraft reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage that Stylecraft may suffer as a result of a transaction entered into by a minor.
(a) We recommend you carefully preview any proposed Orders before submitting and proceeding with your Order.
(b) Representations of products for sale made by Stylecraft via the website does not constitute an offer to sell but an invitation to treat.
(c) You and Stylecraft may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
(i) placing an electronic Order for the products using the Website;
(ii) you confirming the details of the Order, in accordance with the procedure on the Website;
(iii) you making payment in full (plus any applicable delivery charges) on the website; and
(iv) the acceptance of that offer by Stylecraft.
(d) Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in the Terms of Sale.
(e) When entering into a sale contract via the Website, you will be taken to have communicated your offer to purchase the product(s) only when:
(i) any requirements set out in the Terms of Sale have been met;
(ii) the electronic instruction containing the offer from you enters and is recorded in our system;
(iii) a record is created and stored in our system; and
(iv) Stylecraft receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our system.
(f) You acknowledge that:
(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Stylecraft for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems or servers;
(ii) to the extent permitted by law, Stylecraft is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) Stylecraft may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(iv) Stylecraft 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.
(g) You will receive an email from Stylecraft as soon as practicable after you have confirmed the Order and made payment. If you have any questions regarding the Order you may contact our team at firstname.lastname@example.org.
(h) If the Order is not accepted by Stylecraft, Stylecraft will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(i) Stylecraft may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products or services on the website, or an error in the Order.
(j) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Stylecraft cannot supply a particular product, Stylecraft will notify you by telephone or email as soon as possible.
(k) Stylecraft will be deemed to have accepted the Order when the Order is delivered to your specified delivery address.
8. Quality of Goods
(a) Stylecraft offers products based on a grading system as follows:
(i) New: Just like it sounds. A brand-new item. Original manufacturer’s warranty applies. Original packaging is present for most new items.
(ii) Like New: An item in new working condition. Original protective wrapping may be missing, but the original packaging is intact and in good condition with minor damage possible.
(iii) Very Good: An ex-showroom sample that has seen limited use and remains in good working condition. The item may show some limited signs of wear with small scratches or blemishes. Item may arrive with damaged packing or be repackaged.
(iv) Good: An ex-showroom sample that shows wear from consistent use, but it remains in good condition and functions properly. Item may arrive with damaged packaging or be repackaged. It may be marked, have identifying markings on it, or have minor damage. It may also be missing some parts/accessories.
(v) Acceptable: An ex-showroom sample which is fairly worn but continues to function properly. Item may arrive with damaged packaging or be repackaged. Signs of wear can include aesthetic issues such as scratches, dents, and worn corners. The item may have identifying markings on it or show other signs of previous use. Item may be missing some parts/accessories.
(b) The products sold on the Website which are graded as ‘Like new’, ‘Very Good’, ‘Good’ or ‘Acceptable’ (collectively, Second Hand Products and each a Second Hand Product) are offered at substantially reduced prices compared to the products sold on the Website which are graded as ‘New’.
(c) You acknowledge that the quality of each Second Hand Product will differ according to the description provided with the grading system.
(d) You acknowledge that your purchase of a Second Hand Product is based on your acceptance of the description of the Second Hand Product on the Website or your inspection of the Second Hand Product.
(e) To the extent permitted by law, Stylecraft is not responsible in any way for the Second Hand Products sold by Stylecraft, including but not limited to any faults or defects in any Second Hand Products or any malfunctions, claims for loss, damage or injury of any kind caused by the Second Hand Products.
(f) Photographs for any of the products offered by Stylecraft are for illustrative purposes only and may vary from goods depicted or described.
(a) Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges and any other service fees. These additional amounts will be added to the total amount due where applicable. Prices are subject to change.
(b) A credit or discount may apply to your Booking if you use a promotional voucher or code recognised by the Website and you pay for any balance by credit or debit card. Please refer to the Stylecraft Voucher Terms for the full terms and conditions applicable to the use of promotional vouchers or codes.
(c) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(d) We reserve the right to correct any errors published on the Website.
(a) All payments must be made in full prior to delivery, unless otherwise permitted by Stylecraft in writing.
(b) Payments must be made via Stripe which is accessible on the Website at the checkout page and will be subject to any additional terms and conditions of these third party providers.
11. Supply and Delivery
(a) Subject to you complying with the Terms of Sale and acceptance of the Order by Stylecraft, Stylecraft will sell and supply the products to you as shown on the Order Confirmation.
(b) Stylecraft will endeavour to deliver the Order to you as soon as possible from the date you placed the Order.
(c) Products may not be available for immediate delivery as some products are not be held in stock and may need to be ordered by Stylecraft. You agree that for any products which need to be ordered by Stylecraft, the product may take up to 14 weeks to be delivered to you from the date you placed the Order. This timeframe is the average manufacturing lead time required by our suppliers.
(d) If Stylecraft gives you notice that it will be unable to deliver the Order due to lack of stock, you may cancel the Order without charge, and Stylecraft will arrange for a full refund of any payment made by you to be processed.
(e) Stylecraft may accept a request to have the Order delivered to a regional or remote area. Delivery times may be greater than 10 business days for regional or remote areas.
(f) In the case you would like your order sent for a specific date, our logistics team will speak to you about a quote for storage, dependent on size of the item(s) and length of time requested.
12. Delivery by Post or Carrier
(a) The terms of this clause apply where you select to have your goods delivered to a specified address.
(b) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
(c) On receipt of the Order by Stylecraft, the Order will be dispatched to your specified delivery address generally within 2 business days of the date you placed the Order.
(d) Stylecraft will contact you by telephone or email to arrange with you a suitable time for delivery. You will be required to be available in person to accept delivery of the Order.
(e) If you wish to change the delivery date or delivery address you must let Stylecraft know at least 48 hours prior to the dispatch of the Order. If you do not provide sufficient notice, you will be liable for any extra charges for rescheduling or redelivery the Order.
(f) Stylecraft will use its best endeavours to deliver the Order within any stated timeframes for dispatch, however Stylecraft does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(g) You must advise at the time you place the Order via the website or later when you discuss delivery with Stylecraft, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.
13. Delivery Delay
(a) You accept that any delivery dates or timeframes provided on the Website or by Stylecraft are an estimate only and does not constitute a guarantee of delivery of the Order by such date or timeframe.
(b) Stylecraft is not liable for:
(i) any direct, indirect, special, incidental or consequential damages incurred by you for failure of Stylecraft to deliver the Order by delivery date or timeframe provided on the Website or by Stylecraft; and
(ii) any delivery failures or delays by our third party delivery contractor.
14. Title and risk
Title and risk in the products, such as loss and damage, pass to you upon completion of the Order, being the delivery of the products to your specified address or the collection of the products by you, as the case may be.
15. Disclaimer and Indemnity
(A) TO THE EXTENT PERMITTED BY LAW, STYLECRAFT EXCLUDES ALL LIABILITY TO YOU OR ANYONE ELSE FOR LOSS OR DAMAGE OF ANY KIND (HOWEVER CAUSED OR ARISING) RELATING IN ANY WAY TO THE WEBSITE INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE YOU MIGHT SUFFER AS A RESULT OF:
(I) ERRORS, MISTAKES OR INACCURACIES ON THE WEBSITE;
(II) YOU ACTING, OR FAILING TO ACT, ON ANY INFORMATION CONTAINED ON OR REFERRED TO ON THE WEBSITE AND/OR ANY LINKED WEBSITE;
(III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS OR USE OF THE WEBSITE;
(IV) ANY UNAUTHORISED ACCESS TO OR USE OF THE WEBSITES SECURE SERVERS;
(V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
(VI) ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER HARMFUL CODE OR COMMUNICATIONS WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR
(VII) THE QUALITY OR FITNESS FOR ANY PURPOSE OF ANY LINKED SITES.
(B) EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS OF SALE, AND TO THE FULLEST EXTENT ALLOWED BY THE LAW, STYLECRAFT AND ITS THIRD PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE.
(C) YOU WILL AT ALL TIMES INDEMNIFY, AND KEEP INDEMNIFIED, STYLECRAFT AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY LOSS (INCLUDING REASONABLE LEGAL COSTS AND EXPENSES ON A FULL INDEMNITY BASIS) OR LIABILITY INCURRED OR SUFFERED BY YOU OR BY ANY OF THEM ARISING FROM ANY CLAIM, DEMAND, SUIT, ACTION OR PROCEEDING BY ANY PERSON AGAINST YOU OR THEM WHERE SUCH LOSS OR LIABILITY AROSE OUT OF, IN CONNECTION WITH OR IN RESPECT OF YOUR CONDUCT OR BREACH OF THE TERMS OF SALE.
(D) THIS CLAUSE IS NOT INTENDED TO EXCLUDE OR LIMIT ANY RIGHTS WHICH YOU MAY HAVE UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH).
16. Order Enquiries
If you have any query about the progress of your Order please contact Stylecraft by telephone (02 9355 0099) or email (email@example.com). Please have the Order Number handy as provided to you by the email confirmation of the Order.
17. Damaged or Faulty Products and Refund Policy
(a) If any product, including any Second Hand Products, ordered by you arrives damaged or is not of acceptable quality you may have:
(i) rights under the Stylecraft Refund Policy; (ii) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
(iii) to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
(b) The purchase of a Second Hand Products does not limit your legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory. However, the age, price and condition of the Second Hand Product will be considered when determining your legal rights and remedies under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory.
(c) In the event that a Second Hand Product suffers a major failure under the Competition and Consumer Act 2010, a replacement product of the same type and similar value may not be reasonably available. In circumstances where a replacement product for a Second Hand Product is not reasonably available, Stylecraft may not be able to offer a replacement product. In such circumstances, Stylecraft will refund the price paid by you for the Second Hand Product in accordance with the Competition and Consumer Act 2010.
(d) If your Order arrives damaged, please contact Stylecraft by telephone (02 9355 0099) or email (firstname.lastname@example.org) as soon as possible.
18. Privacy and Personal Information
(b) The privacy of your personal information is important to Stylecraft.
(c) Stylecraft and other third parties may collect personal information directly from you when you register as a member of the Website, when you place an Order, or when you contact us for queries or to provide feedback. Personal information may include your name, residential and/or postal address, telephone number and email address.
(d) Your personal information is not collected if you only browse the Website (without signing up as a member of the Website).
(e) Online payments are handled via Stripe. Stylecraft does not store your credit card or banking details. Please check the relevant websites of Stripe for details of their privacy policies and security measures when handling your personal information.
(f) Stylecraft and other third party service providers, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Stylecraft and/or the other third party service providers may use any of your personal information, including but not limited to your email address, to send you messages concerning your StylecraftNOW Account, any Orders you place, information, offers and updates about the products sold via the website that Stylecraft thinks may be of interest to you. If you would prefer not to receive promotional or other material from Stylecraft, please let us know and Stylecraft will respect your request. You also agree that Stylecraft may contact you by telephone to arrange delivery or collection of your Order.
(g) You may request Stylecraft to remove your personal information from its database by emailing us at email@example.com.
19. Force Majeure
Stylecraft will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond its reasonable control, including but not limited to infectious diseases, pandemics, epidemics, strikes, acts of God, public enemy, riots, incendiaries, interference by civil or military authorities, compliance with Government laws, rules or regulations, delays in transit or any default beyond the Stylecraft’s control or fault or negligence.
20. Governing Law and Jurisdiction
(a) The Terms of Sale are governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
(b) If you access the Website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Stylecraft makes no representations that the content of the Website complies with the laws of any country outside Australia. You access the Website entirely at your own risk. Stylecraft does not accept any responsibility or liability in connection with any non-compliance with the laws of any country outside Australia.
If any part of the Terms of Sale are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from the Terms of Sale and the remaining terms and provisions of the Terms of Sale will remain in force and constitute the agreement between you and Stylecraft.
22. Transfer and Assignment
If Stylecraft merges, sells or otherwise change control of its business or this website to a third-party, Stylecraft reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Stylecraft has collected from you and any agreements it has made with you.
The failure by Stylecraft to exercise or enforce any right or provision under the Terms of Sale will not constitute a waiver of such right or provision. Any waiver of any provision under the Terms of Sale will only be effective if it is in writing and signed by Stylecraft.
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