1.1. These Terms and Conditions apply to you, the Website user and your usage of the Sydney Design World and, networks and processes, including the purchase of goods or services through the Website.
1.2. By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below.
2.1. 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 Sydney Design World 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.
“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), including extended warranties.
“Website” means the internet site located at the URL http://www.sydneydesignworld.com.au by Sydney Design World.
2.2. 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 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
3.1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Sydney Design World will not be responsible for the content or privacy practices associated with linked web sites.
3.2. You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
3.3. 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. Sydney Design World takes no responsibility for any such damage which may arise in connection with your use of the Website.
4.1. All prices listed on the Website are in Australian Dollars unless otherwise specified.
4.2. All prices listed on the Website include all applicable taxes unless otherwise specified.
4.3. All prices displayed on the Sydney Design World 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.
4.5. You agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.
4.6 Free shipping offers are given at the sole discretion of Sydney Design World and may incur additional charges for delivery to remote areas as defined by Sydney Design World.
4.7 Sydney Design World reserves the right to refuse a sale.
4.8 Where a product listing shows a a pricing with a cross line through, that pricing refers to a previous selling price, a recommended retail price (RRP) and/or the price offered by other retailers for an identical or near-identical product.
5. Product Specifications
5.1. Features and specifications of Products described or depicted on the Website are subject to change without notice.
5.2. All weights and dimensions mentioned are approximate.
6.1. You may place an Order by filling in the Order Form on the Sydney Design World Website and clicking the “Add to Cart” button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions
6.2. Orders will be deemed to have been received by Sydney Design World at the time Sydney Design World sends an Order confirmation to your nominated e-mail address.
6.3. Sydney Design World 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.
6.4. Each Order (once confirmed) represents a separate agreement.
6.5. Sydney Design World reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
6.6. Sydney Design World, 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.
6.7. 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.
6.8. Sydney Design World 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.
6.9. Sydney Design World accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
7.1. Sydney Design World currently accepts Paypal / Visa / Mastercard
7.2. Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as on Pre-sale.
7.3. If your nominated payment method triggers Sydney Design World internal suspect transaction protocols, Sydney Design World may contact you to confirm additional details, or rescind the transaction.
8. Delivery and ownership of the goods
8.1. All purchasers via the Sydney Design World website include a separate dispatch service (the Service), a service which is distinct from the supply of Goods, and which includes only the dispatch of the order with a third party carrier, and the provision to the carrier of instructions to enable the delivery of the Goods to the customer by the carrier.
8.2. Once an order has been dispatched to the customer by Sydney Design World in accordance with 8.1, the dispatch service is deemed to have been provided, and in no circumstances is Sydney Design World then liable to refund the delivery fee paid by the customer.
8.3. Sydney Design World is not responsible for the delivery and delivery times of Goods once dispatched in accordance with 8.1. Once Goods have been dispatched, it is the customer’s responsibility to liaise with Sydney Design World’s nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours or otherwise in accordance with the carrier’s instructions. Any information provided by Sydney Design World to a customer in relation to delivery will be from a third party, and as such Sydney Design World will not guarantee the accuracy of such information. Sydney Design World will provide customers with tracking information to enable liaising with the carrier.
8.4. The parties acknowledge that delays in shipping do occasionally occur, and Sydney Design World is not liable for any loss and damage caused by the delivery delays, nor to refund any amounts paid for the order or delivery of the order.
8.5. The parties acknowledge that Goods may be damaged in transit by the carriers, and in such a case, the customer may contact Sydney Design World in accordance with Clause 9, and other than in accordance with that clause, Sydney Design World is not liable in any way to provide a refund or for any other damage caused thereby or for any corresponding delays caused by the carrying out of the process outlined in Clause 9.
8.6. The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Sydney Design World and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified by e-mail at the e-mail address nominated in their Order.
8.7. Sydney Design World will not dispatch Goods to PO box addresses.
8.8. Title and risk in the Goods pass to the customer on signing for delivery of the Goods.
8.9. Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided upon the item being left as instructed.
8.10. Sydney Design World’s nominated courier will deliver Goods during business hours (9am to 5pm, Monday to Friday), unless otherwise arranged in advance with Sydney Design World.
8.11. Where a customer wishes to cancel an order after it has been dispatched in accordance with 8.1, the cancellation is treated whereby shipping costs and return or redirection costs are not refunded and/or are payable by the customer.
8.12. The Service and delivery of Goods by third party carriers includes only delivery to ground floor and/or the front door (a door-to-door service) by a single delivery driver, and does not include carrying items inside, upstairs, in elevators, placement, assembly, removal of wrapping or the like. It is always the customers responsibility to arrange for a means (whether by requesting assistance from neighbours or friends or otherwise) to bring Goods inside (or in the case of a return, outside) from (or in the case of a return, to) the front door or grounds floor of residences or buildings.
8.13. For all items deemed “Oversize” (being a Good weighing over 25kg), the customer is also required to assist (or to arrange for someone to assist) the carrying of the Goods from the delivery vehicle to the front door, unless the customer has arranged for alternative and/or premium service in advance of dispatch with Sydney Design World.
9. Refunds and returns
9.2. No refunds are available for services where goods are not offered.
9.3. In order to facilitate a return under these Terms and Conditions, Customers must e-mail firstname.lastname@example.org
9.4. The customer must comply with directions from Sydney Design World staff to facilitate a return.
9.5. Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition. If a returned item is found not to be re-saleable by Sydney Design World (at its sole discretion), Sydney Design World reserves the right to refund only 50% or less of the product price paid by the customer.
9.6. If the customer arranges to return the Goods themselves, it is the customer’s responsibility to ensure that returned items are returned safely and in re-saleable condition. Sydney Design World takes no responsibility for items lost in transit.
9.7. Sydney Design World considers that an item that has been damaged in transit, or contains a fault that is unique to the actual item sent to the customer, and therefore would not be expected to be a fault existing in a replacement, not to be a major fault in any circumstances notwithstanding the extent of said damage.
9.8. Due to environmental considerations, Sydney Design World does not pick-up furniture deemed, in Sydney Design World’s sole discretion, to be damaged or faulty beyond repair, and the customer is responsible for disposal (for example, by utilising publicly available hard-waste collection or disposal processes in the customers area).
10.1. All our goods are covered under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
10.2. Insignificant variations in advertised dimensions or colour or grain or finish (as between Goods received by a Customer and images or descriptions shown on the Sydney Design World website), or damage to packaging only, is not covered.
11. Intellectual Property
11.1. All Intellectual Property in any Material on the Website is the property of Sydney Design World. 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.
12.1. You waive, release, discharge and relinquish any and all claims that you have now or may have against Sydney Design World which are connected with, arise out of, relate to or are incidental to the use of the Website.
12.2. You agree to indemnify and to keep indemnified Sydney Design World and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Sydney Design World arising out of or in connection with the your use of the Website and the use of any Sydney Design World Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
13.1. To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
13.2. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.
14.1. 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.
14.2. Sydney Design World 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.
Sydney Design World will not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause 16.
14.3. 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.
14.4. 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.
14.5. 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.
14.6. You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact us at by e-mail at email@example.com A $30.00 administration fee will be charged for the retrieval of any personal information.
15.1. Sydney Design World reserves the right to make changes to the Sydney Design World Website and Order Terms and Conditions without notice.
15.2. Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
15.3. A failure or delay by Sydney Design World 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 Sydney Design World does not preclude its future ability to exercise that or any other power or right.