WEBSITE TERMS OF USE
These Terms of Use (“Terms”) govern your use of our Website located at www.beautiful-spaces.com.au (“Website”) and form a binding contractual agreement between you, the user of the Website and us, Beautiful Spaces Inside & Out Pty Ltd (ACN 146 427 090).
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Website. You can contact us on info@beautiful-spaces.com.au.
By using the Website, you acknowledge and agree that you have had sufficient chance to read and understand these Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.
These Terms of Use may be modified from time to time and you should regularly review them. Your continued use of the Website constitutes your agreement to any modified Terms.
LICENCE TO USE WEBSITE
We grant you a non-exclusive, world-wide, non-transferable licence to use the Website in accordance with the terms and conditions set out herein.
You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner.
You must not add any content to the Website.
The Website may contain links to third party websites. We do not endorse, sponsor or approve any content available on any such linked website.
You acknowledge and agree that:
we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and
the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
INTELLECTUAL PROPERTY RIGHTS
Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.
The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not) advertisements, layout, arrangement, graphical user interface, look and feel of the Website is protected by copyright and other intellectual property laws.
WARRANTIES
You represent and warrant to us that you have the legal capacity to enter into these Terms.
The Website is provided by us on an “as is” basis without express or implied warranty of any kind.
We do not warrant:
that access to or use of the Website will be uninterrupted or error free or that the Website or any material on or accessible through the Website is free from errors or viruses, Trojan horses or other harmful components.
anything about the reliability, ownership, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any information or material on or accessible through the Website.
LIABILITY
To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
To the full extent permitted by law, we make no warranties in relation to the content of the Website, completeness of search results, safety, suitability, quality, accuracy or legality of any information or material or pictures published on the Website and we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
the supply of the services again; or
the payment of the cost of having the services supplied again.
You accept all risks and responsibility for all loss, damages, costs and other consequences resulting from using the Website or the material on or accessible though the Website.
TERMINATION
These Terms terminate automatically if, for any reason, we cease to operate the Website.
We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
INDEMNITY
You agree to indemnify, defend and hold harmless us from any and all claims, liability, damages, costs and expenses arising from your use of the Website or your failure to comply with these Terms or from your violation of any applicable law.
GENERAL
You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Each party must at its own expense do everything reasonably necessary to give full effect to this Contract and the events contemplated by it.
This Contract is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.
TERMS AND CONDITIONS – ONLINE STORE
BEAUTIFUL SPACES INSIDE & OUT PTY LTD (ACN 146 427 090)
This Contract governs the supply of any goods (“the Goods”) to you (“the Customer”) from Beautiful Spaces Inside & Out Pty Ltd (“Beautiful Spaces”, “Us”, “We”). Unless otherwise specifically agreed in writing by Beautiful Spaces, all orders or requests placed by the Customer with Beautiful Spaces for purchase of Goods will be on the following terms and conditions:
1. DELIVERY
1.1. We will make all reasonable efforts to deliver the Goods to the Customer on or around the date advised to the Customer, but will be under no liability to the Customer should delivery not be made by such date. Failure to deliver the whole of the order by such date will not entitle the Customer to repudiate the Contract for the balance of Goods remaining undelivered.
1.2. In no event will Beautiful Spaces be liable for any loss or damage sustained from the non-supply of the Goods due to events beyond its reasonable control.
1.3. Delivery will be to the location nominated by the Customer on the order form, and the Customer will be liable for all postage, packing and shipping costs, unless the price quoted specifically states that it is inclusive of postage, packing and shipping costs.
1.4. If Goods the subject of one order by the Customer are delivered by more than one delivery, each delivery will be deemed to be sold under a separate contract.
2. PRICING and PAYMENT
2.1. Unless otherwise indicated, all prices quoted are inclusive of GST (as that term is used in A New Tax System (Goods and Services Tax) Act 1999 as may be amended from time to time).
2.2. All prices are subject to change by us without notice.
2.3. The cost of any special packaging and packing materials used in relation to the Goods are at the Customer’s expense notwithstanding that such cost may have been omitted from any order confirmation.
2.4. Payment for Goods must be made in full at the time of placing the order unless we otherwise agree in our absolute discretion. Upon receipt of full payment, we will confirm the order and estimated date of delivery.
3. WARRANTIES AND INDEMNITIES
3.1. The Customer has the benefit of the conditions and warranties implied by the Trade Practices Act 1974 and similar provisions of State and Territory enactments. Nothing herein excludes, limits, restricts or modifies any statutory obligation of Beautiful Spaces or any rights, entitlements and remedies conferred upon the Customer if that cannot lawfully be effected.
3.2. The Seller warrants that the Goods supplied will be of merchantable quality. However, to the maximum extent permitted by law, any liability whether consequential or otherwise arising out of or in respect of the supply, re-supply, use or re-use of the Goods, howsoever arising, including by virtue of representation, warranty, or express or implied condition or term is hereby excluded.
3.3. All advices, recommendations, information, assistance or services provided by Beautiful Spaces (“Advices”) in relation to the Goods, or their use or application, is given in good faith and is believed by us to be appropriate, accurate, and reliable. However, the Customer acknowledges that in purchasing the Goods it has not relied upon the Advices provided by Beautiful Spaces.
3.4. The Customer will keep Beautiful Spaces fully indemnified against all losses and expenses (including solicitor/client legal expenses) which Beautiful Spaces may suffer or incur due to the failure by the Customer to observe its obligations under this Contract.
4. REFUND POLICY
4.1. Beautiful Spaces’ liability for a breach of a condition or warranty, whether express or implied, is limited to, at our option:
(a) the replacement of the Goods or the supply of equivalent Goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
(d) the payment of the cost of having the Goods repaired;
provided that where the customer makes a claim under subclause (a) or (c), the Customer notifies Beautiful Spaces of such claim within 7 days of delivery of the Goods to the Customer.
4.2. Beautiful Spaces takes no responsibility for, and will not provide the Customer with a refund or accept return of the Goods, because of the Customer’s dissatisfaction with the Goods other than as set out in clause 4.1.
4.3. No order may be cancelled unless Beautiful Spaces’ consents in writing and on terms which indemnify Beautiful Spaces against all losses in respect of such cancellation.
5. PASSING OF TITLE & RISK
5.1. The risk in the Goods purchased from us will pass to the Customer upon delivery to the Customer.
5.2. Where we receive Goods from the Customer (or hold the same at the request of the Customer), all such materials and/or Goods are provided at the risk of the Customer. Beautiful Spaces will not be liable for any loss or damage to any such materials and/or Goods whilst in the custody and/or control of Beautiful Spaces nor will we be liable in respect of any consequential loss or damage sustained by the Customer irrespective of whether such loss or damage is sustained as a result of the negligence or wilful act or default of us and/or could have been foreseen or contemplated by us.
6. IMPLIED CONTRACTS
6.1. The terms appearing herein are incorporated by implication into all agreements between Beautiful Spaces and the Customer to supply the Customer with Goods irrespective of other terms appearing in documentation provided by the Customer unless we agree otherwise.
7. GENERAL
7.1. Unless expressed in writing to the Customer, failure or delay by Beautiful Spaces in exercising any right, power or privilege available to it will not operate as a waiver thereof nor will the exercise by Beautiful Spaces of any other right, power or privilege prevent it from exercising any other rights, powers or privileges available to it.
7.2. The validity and interpretation of these terms and conditions and their effect are governed by the laws in force in New South Wales. Each party submits to the jurisdiction of the Courts of New South Wales.
7.3. If any part of these terms and conditions is held to be void, unenforceable or unlawful, these terms and conditions will be read and enforced as if the void, unenforceable or unlawful provisions have been deleted.
