- Your Rugs and Flooring shall hereinafter be referred to as "YRF".
- The person, firm or company with whom YRF shall enter into a contract shall hereinafter be referred to as "the Customer".
- "Merchandise" means rugs, mats, timber floorings or other related products which may be advertised in this website from time to time.
- "Price" means the price to be paid by the Customer for the Merchandise.
- "Purchase Order" shall mean a order for the purchase of any merchandise by the Customer, whether or not YRF provides any quote or estimate in respect of the Merchandise.
- If the Customer shall verbally place a Purchase Order, a contract shall be deemed to have been made only upon acceptance by YRF. Any such contract shall only be subject to alterations in strict accordance with the terms and conditions contained herein.
- YRF may, in its sole discretion, choose to verbally accept any Purchase Order from the Customer.
- These terms and conditions shall form part of and shall govern any contract entered into between YRF and the Customer, unless they shall have been specifically modified or rescinded by YRF in writing prior to YRF 's acceptance of the Purchase Order.
- Unless specified to the contrary, in the event that there is any conflict between these terms and conditions and any other agreement between the parties then these terms and conditions shall prevail to the extent of any inconsistency.
- All prices displayed in this website are in Australian Dollars (AUD$).
- If any dispute arises over an order, YRF's records will be conclusive evidence of what was ordered.
- YRF reserves the right to:
- i. make any changes to a Purchase Order as it considers necessary; and/or
- ii. cancel a Purchase Order; and/or
- iii. to refuse service; and/or
- iv. to limit the quantity of each item displayed on this website, including after you have submitted your order and/or made payment(s).
- v. to terminate the account for reasons, including but not limited to the unavailability of the merchandise; an error in the merchandise price or description shown in this website; or an error in your order.
- All information contained in this website constitutes an invitation to treat, rather than an offer by YRF to sell any merchandise.
- No dealing between YRF and the Customer shall be or be deemed to be a sale by sample.
- Subject to terms implied by law and not capable of exclusion, YRF does not warrant the fitness for the Customer's purpose of any merchandise.
- The Customer will rely on its own knowledge and expertise in selecting any merchandise and as to the suitability and fitness for any required purpose of any merchandise.
- The Customer acknowledges that YRF has not made any warranty, guarantee or representation in relation to the merchandise on which the Customer has relied (including as to the durability of the merchandise or any part of the merchandise for a particular purpose), apart from those which it has expressly received in writing from YRF.
- PRESENTATION OF MERCHADISE
- The colour, descriptions, illustrations and statements as to presentation of the merchandise contained in this website, catalogues, price lists or other advertising matter do not form part of the contract.
- Whilst every effort has been made to ensure the accuracy of the colour, descriptions, illustrations, statements and presentations of the merchandise, YRF provides no guarantee or bears not liability on the accuracy of such.
- The correct items will be sent to you within 3 working days after receiving the return item;
- Any colour, descriptions, illustrations and statements as to presentation of the merchandise which are produced by YRF are merely representative of the merchandise. YRF shall be at liberty to make such variations to any colours, descriptions, illustrations and statements to complete the merchandise provided always that such variations shall not render the merchandise unfit for its intended use.
- MERCHANDISE SOLD
All merchandise to be supplied by YRF to the Customer will be as described on the Purchase Order which will prevail over all other descriptions including any specification or enquiry of the Customer.
- PRICES AND GST
- Unless otherwise stated the Price is inclusive of Goods and Services Tax (GST).
- All merchandise Prices are exclusive of shipping and other charges.
- All sales transactions through our website will come with a copy of tax invoice.
- In the event that there is a significant variation in the cost or other charges (in excess of 5% of that component of the Price) then YRF reserves the right to vary the Price and the Customer shall pay the revised Price.
- Prices of products, shipping and other charges displayed in this website may be varied from time to time without prior notice.
- PAYMENT IN FULL REQUIRED
The Price and all amounts payable to YRF shall be paid in full and without deduction on the part of the Customer by way of set-off or counter-claim without the written authority of YRF.
- RELEASE & INDEMNITY
The Customer agrees, regardless of any negligence on the part of YRF to release, hold harmless and indemnify YRF, its subsidiaries, affiliates, directors, employees, agents, officers, subcontractors or any person whom YRF may authorise or appoint) from all liability, claims, damages, losses, costs and expenses of whatever nature, (including consequential loss or damage), howsoever occurring which may accrue against or be suffered by YRF arising out of or in any way connected with the supply of the merchandise, unless by wilful misconduct of YRF or any of its servants or agents acting within the scope of their employment.
- LIMITATION OF LIABILITY
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions. However, to the maximum extent permitted by applicable laws, YRF’s liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s69), is limited to:
- In the case of merchandise, any one or more of the following:
- i. the replacement of the merchandise or the supply of equivalent merchandise;
- ii. the repair of the merchandise;
- iii. the payment of the cost of replacing the merchandise or of acquiring equivalent merchandise;
- iv. the payment of the cost of having the merchandise repaired; or discretion.
- In the case of installation of timber flooring:
- i. the installation of timber flooring again; or
- ii. the payment of the cost of having installation of timber flooring again.
- In the case of merchandise, any one or more of the following:
- Any delivery times provided by YRF to the Customer are estimates only and are not of the essence.
- YRF is not liable for any loss to the Customer (or other parties) resulting from late delivery or non-delivery.
- YRF may at its option deliver the merchandise to the Customer in any manner unless otherwise agreed in writing with the Customer.
11. LOSS OR DAMAGE IN TRANSIT
- YRF is not responsible to the Customer or any person claiming through it for any loss or damage to the merchandise in transit caused by any event, regardless of how caused (whether or not YRF is legally responsible for the person who caused or contributed to that loss or damage).
- YRF will provide the Customer with such assistance as may be necessary to make claims on carriers so long as the Customer:
- i. has notified YRF and the carries in writing immediately after loss or damage is discovered on receipt of the merchandise; and
- ii. lodges a claim for compensation on the carrier within three (3) days of the date of receipt of the merchandise.
12. PROPERTY AND RISK
- Property in the merchandise shall not pass until payment in full of the Price (and all monies owed on any basis) is made by the Customer.
- Risk in the merchandise shall pass to the Customer on delivery or despatch to the Customer, whichever is the first to occur.
- All of the Customer's property in YRF’s custody or control will be entirely at the Customers risk as regards to loss or damage thereto from any cause whatsoever.
- All property of YRF (including in the merchandise if property has not passed) situated on the Customer's premises will be the responsibility of the Customer as to loss or damage caused by the Customer.
13. TITLE TO MERCHANDISE
- YRF reserves the full ownership rights in relation to the merchandise until the Price is paid in full
- Notwithstanding any provision above, YRF shall be entitled to maintain an action against the Customer for the Price.
- Notwithstanding any provision above, YRF shall be entitled to maintain an action against the Customer for payment of the Price.
14. FORCE MAJEURE
If for any reason beyond YRF 's control, YRF 's performance is delayed or impeded, YRF may cease or suspend work on the merchandise (at its absolute discretion) provided always that the Customer shall pay any part invoice and shall pay all charges and expenses incurred and moneys paid by YRF in respect thereof.
15. REFUNDS AND RETURN
- YRF is not under any duty to provide any refunds or accept merchandise returned by the Customer and will do so only on terms to be agreed in writing in each individual case.
- YRF accepts no responsibility for any faulty installation of timber floor by you, your associates, agents, contractors, subcontractors or any related parties, unknown or not related to YRF.
- YRF agrees to provide a refund or accept returned merchandise from the Customer under paragraph (a) of this clause, the Customer must return the merchandise to YRF at its place of business referred to in these terms and conditions and the Customer shall bear the cost of transit (if any) for the return of the merchandise to YRF.
- The circumstances in which YRF is obliged to make a refund or return in detailed in our Return and Refund policy section.
No Order may be cancelled except with consent in writing and on terms which will indemnify YRF against all losses resulting from such cancellation.
17. NO WAIVER
No relaxation by YRF of the Customers obligations under this term and condition shall be regarded as a waiver of YRF’s right to enforce those obligations on a subsequent occasion.
18. APPLICABLE LAW
This contract shall be construed according to the laws of the State of Queensland and eachparty submit to the exclusive jurisdiction of the Courts of Queensland.
To the extent possible, where any part of these Terms and Conditions are found to be void, unlawful or unenforceable, then that part may be severed without affecting any other part.
20. USING OUR WEBSITE
- By proving comments to this website you are consenting to their use and consideration are collected voluntarily and shall constitute an assignment to YRF of all rights, titles and interests in all copy rights and other intellectual property rights in these comments. YRF may be publicly disclose, use, edit, reproduce, publish and distribute your comments for any legal purpose, without prohibition and without compensating you in any way. Any personal information included in your comment may or may not be publicly disclosed on the Internet.
- When using message services through this website, you are to refrain from using obscene, profane or threatening languages. Should you languages, in the sole opinion of YRF be deemed harmful to other guests or user, YRF reserves the right to delete or amend the content(s) you provide at any time without further notice.
- YRF accepts no responsibility for all any liability, claims, damages, losses, costs and expenses of whatever nature, (including consequential loss or damage), howsoever occurring which may accrue against or be suffered by YRF arising out of or in any way connected with your use of or website, whether it arises via:
- i. Any messages or Any products purchased or obtained through this website;
- ii. Any messages, transactions and information received through or entered into through this web site and/or linked website;
- iii. Any unauthorized access to, use or change of your information or transmissions stored on this website or on our secure servers;
- iv. Any errors or inaccuracies on this web site;
- v. Any interruptions of transmission to or from this web site;
- vi. Any bugs and viruses or other harmful code and communications which may be transmitted to or through the web site by any third party.
21. INTELLECTUAL PROPERTY
- Copyright in the material accessible from this Websites (including all text, graphics, layouts, logos, indicia, copywriting, images and ways of showcasing products) is owned by YRF and all rights are reserved by YRF in that copyright.
- Registered and unregistered trademarks owned by us are displayed on and are also accessible from this Websites.
- You are prohibited from using any of our copyright material or trademarks except where written permission is given by YRF.
22. STATUTORY CONDITIONS AND WARRANTIES
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, please visit the ACCC website at www.accc.gov.au.