Terms and Conditions.

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Terms and Conditions. 2017-05-06T15:42:04+00:00

1. General

https://urbancouture.com.au (the “Website”) is owned and operated by Urban Couture Pty Ltd (ABN 13 162 945 995) (t/as Urban Couture Design + Homewares “Urban Couture” and referred to as “we”, “our”, “us” or the “Company”) of Level 10, 10 Spring Street Sydney, NSW 2000.

Urban Couture’s showroom address is located at 188 Chalmers Street, Shop 2, Surry Hills, NSW 2010.

Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms and Conditions”). Urban Couture shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website. You should check this page regularly to take notice of any such changes. Continued use of the Website will be deemed to constitute acceptance of the new Terms and Conditions.

We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may also restrict access to some parts or all of this Website.

No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.

2. Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

3. Prohibitions

You must not misuse this Website. You will not:

a) commit or encourage a criminal offence;

b) transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

c) hack into any aspect of the Service;

d) corrupt data;

e) cause annoyance to other users;

f) infringe upon the rights of any other person’s proprietary rights;

g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Website linked to it.

4. Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of Urban Couture or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Urban Couture and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.

5. Registration, Order and Cancellation

Online Orders.

When making an order, you must be over 18 years of age, possess a valid credit or debit card and register for an account on the Website. You also have the option of checking out as a guest. To place the order you should follow the given instructions.

Irrespective of any previous price you have seen or heard, once you select the Services that you wish to order, you will then be shown or told (on the Website) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Website, all charges are in the currency then in force in Australia.

You shall pay for the Services in full when placing the order by supplying us with your credit or debit card details or by Paypal. Alternatively, you may pay by any method that we have said is acceptable to us. In any event, we shall not be bound to accept the order before we have received the funds in full.

You undertake that all details you provide to us for the purpose of purchasing the Services from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Services. We reserve the right to obtain validation of your payment details before providing you with the Services.

When you submit an Order to the Website, you agree that you do so subject to the prevailing Terms and Conditions.

We shall not be obliged to supply the Services to you until we have accepted your Order. We will send you an Acknowledgement with your Order reference number and details of the Services you have ordered. Urban Couture reserves the right to decline any order, for any reason (e.g., unavailability of supplies). In this case, we will promptly grant you a store credit or a full refund.

Urban Couture works closely with its suppliers to ensure that prices shown on the Website are accurate. In the unlikely event that the price of your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.

In Store/Over the Phone Orders.

For orders in store or over the phone, full payment for Services must be made at the time of purchase. In the event that the item/s are not in stock, Urban Couture may, at its sole discretion take a 50% deposit of the total order value (inclusive of GST) with the remaining payment to be made prior to delivery being arranged.

Payment can be made via credit/debit card, Paypal, cheque, cash orElectronic Funds Transfers (EFT). EFT’s and cheques require approximately two (2) business days before funds are cleared and the payment is confirmed as having been received.

Notwithstanding any other provision of these Terms and Conditions, orders for Services which are made to individual customer specifications, including custom made furniture products, or custom fabric products, which have to be ordered specifically for a customer cannot be cancelled or returned if the Customer decides they no longer want the product/s. For avoidance of doubt, the 30 day change of mind guarantee does not apply to custom made products.

6. Delivery

From the date you place your orders, for those items that are in stock, we will despatch them from the warehouse within 48 hours. Generally we will aim to have the item/s delivered within 7 business days and special freight items (e.g. furniture) within 10-14 business days.

For those products that are made to order, or are not currently in stock, there can be a lead-time of approximately 16-20 weeks. You can contact us for stock availability directly via the product page by simply filling out the details on the “Make Enquiry” tab, or via our details on our contact page. Please note that lead times stated on the Website, Orders and Invoices are estimates onlyand are subject to change due to the bespoke nature and production time of our Services.

We will notify you if we are unable to meet our estimated delivery timeframe but, to the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

Delivery and installation fees will depend on where your order is being delivered, the size of the package and the weight.  It is the Customer’s responsibility to ensure that the correct delivery address, contact number(s) and email address are provided to Urban Couture. The Customer must inform Urban Couture of any issues, difficulties or specific requirements associated with the delivery of the products and must ensure that the item ordered is capable of delivery such as through doorways and up stairs (for example). In the event that reasonable access 
has not been provided, additional charges will be incurred and payable at, before, or after the time of delivery.

In the event that the delivery team reasonably deems that the delivery address is unsafe for the unloading of the product/s  in accordance with workplace health and safety laws within that jurisdiction, Urban Couture reserves the right to return the goods to its warehouse and charge you for any additional costs incurred (e.g. shipping and storage).

Urban Couture reserves the right to nominate the day of delivery of the Goods, which will be performed within a mutually agreed timeframe, and all reasonable endeavours will be made to ensure this occurs. Unforeseeable circumstances may impact delivery within the agreed timeframe.

Upon delivery, you will be asked to sign a delivery form, in which you confirm that the product was delivered in the good order and condition (without obvious defects or damage).  Someone aged over 18 must be present and able to accept the delivery at the delivery address supplied by the customer.

If, for any reason, our distribution team and/or shipping partner cannot reach you at the agreed delivery time, we will provide you with the instructions to either collect the product(s) directly from our shipping partner (in case of regular parcels) or to re-arrange the delivery (in case of special freight). In these situations, Urban Couture reserves the right to charge you for any additional costs incurred (e.g. shipping and storage) or to cancel the sale contract, in which case, we will fully refund you the net amount (i.e. the amount you paid minus shipping costs or storage costs.)

Cancellations or changes to delivery times by the customer within forty-eight (48) hours prior to the arranged delivery time will incur a minimum cancellation fee of one hundred and fifty dollars ($150.00) inclusive of GST.

If goods are not delivered (which will be stored at the warehouse) or collected within two (2) weeks after arrival at the warehouse, any outstanding balance is to be paid in full immediately. Storage fee charges (at current market rate) will commence forty-five (45) days after arrival at the warehouse if goods have not been installed or collected prior to that time.

7. Change of mind

We want you to feel perfectly confident when buying on urbancouture.com.au. Therefore, we give you the option to return any unopened, unused item in its original packaging, that you bought from us through our online store for any reason within 60 days of receiving the item.

We do not offer any refunds for change of mind for purchases made in store.

Prior to returning your product, please fill in the relevant details at https://urbancouture.com.au/customer-support/ and a member of our team will contact you within 12-24 hours. Our specialist Customer Care Team will provide you with all the relevant guidelines to proceed with the return (e.g. shipping process). Please do not attempt to return any goods before speaking to our team, otherwise you may be responsible for shipping costs.

You may also be required to fill in a return form provided by us in order to proceed with the return process. Once we receive the items, we will fully refund you the amount you paid for the product(s) less the inbound and outbound shipping costs.

8. Damaged or faulty returns

In the unlikely event that your item arrives damaged or faulty, you have 30 days to notify Urban Couture. Please submit a ticket and one of our specialist Customer Care Team members will contact you shortly. For any urgent matters during business hours, you can contact the showroom on (02) 9698 0736.

You will be required to fill in a return form and to send us images of the damage for further assessment. Once assessed and approved by our specialists, our Customer Care Team will contact you to proceed with the return process. Urban Couture will arrange a replacement or give you a store credit for the full sale price. Please do not attempt to return the items before speaking to one of our specialists (you may be responsible for any associate expenses if you do so.)

We will not refund or replace a product where in our reasonable opinion the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care. In this case, you will be responsible for return freight costs.

9. Warranty Claims

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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.

The Australian Consumer Law (“ACL”) which forms part of the Competition and Consumer Act 2010 (Cth) is relevant with certain statutory conditions and warranties in our consumer contracts, which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the ACL a “major” failure, then the remedy will be limited to a refund or a replacement of your preference. In all other cases, a breach of such warranty will give rise to a refund or replacement at our preference.

We provide the following express warranties subject to the following Terms and Conditions:

  • We will refund, give store credit or replace the product as the case may be in the circumstances and to the extent required under the ACL if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the ACL), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product.
  • Where a refund, a store credit or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the ACL, require the return of the product to us before refunding or replacing it. We will pay for, or reimburse you for, any shipping costs to return the original product to us.
  • Replacement products are subject to the same warranties as the original.
  • You must retain your proof of purchase for any manufacturer warranty claims.
  • Refunds will be issued by direct deposit, cheque or PayPal at our discretion.

In order to obtain these remedies:

  • You must notify us within a reasonable time from supply of the goods. In this context, a ‘reasonable time’ is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods. In most cases, this will be 7 to 14 days, but in some circumstances may be longer. In these situations, please submit a ticket
  • Except if and to the extent the ACL requires otherwise, replacement of products or refund and reimbursement of freight costs will not be made until the original product is received by us and your claim verified.

We aim to process refunds and replacements within 30 days of receipt by us of the original product.

We will not refund or replace a product where in our reasonable opinion the product has following the sale to you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care. In case of return rejection you will cover return freight costs.

Where any law implies a warranty into this agreement, which may not be lawfully excluded, then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:

  • The replacement of the goods or the supply of equivalent goods;
  • The repair of the goods;
  • The payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • The payment of the cost of having the goods repaired.

Manufacturers’ warranties

The following warranties will be available to the relevant goods purchased from Urban Couture, unless the description of the Services specifies otherwise.

These words have the following meaning in the table below:

“Commercial Use Furniture”- means furniture for business, commercial, industrial, hospitality or any non-residential purpose or use.

“Furniture” includes furniture used for personal, domestic or household use or consumption but excludes Commercial Use Furniture.

“Ex-Rental Stock” means certain goods which are second-hand, used or ex-rental. The same warranties and criteria apply to the purchase of Ex-Rental Stock, however, the warranty for Ex-Rental Stock will be subject to implied guarantees as well as to the state of repair of the Ex-Rental Stock item at the time of sale.

The purchaser also acknowledges he or she has seen or examined the Ex-Rental Stock prior to purchase or noted the description of the goods including the goods state of repair.  Not all Ex-Rental Stock will come with an Ex-Rental Stock Warranty – this will depend on the condition of each item.

“Structural Warranty” means a warranty relating only to the frame or internal structure of a product and excludes any surface, decoration, fabric, cracks or finish of a product.

Structural Warranty Period from date of purchase Additional Info
Furniture 5 years

1 year for Ex-Rental Stock

Exclusions in clause 10 below apply.
Commercial Use Furniture 2 years

1 year for Ex-Rental Stock

Only certain items within the Urban Couture range are suitable for commercial use.For this warranty to be valid, the relevant sales document must state that

this Commercial Use Furniture warranty applies.

Lighting & Homewares 1 year

1 year for Ex-Rental Stock

Does not apply to light globes. Exclusions in clause 10 below apply.
Upholstery Items 1 year

1 year for Ex-Rental Stock

Includes compression and expansion from polyurethane foam and feather inserts.

Excludes change of mind for feather inserts. Exclusions in clause 10 below apply.

 

10. Additional Warranties

Some goods you purchase from us may come with the additional warranties mentioned above. These are in addition to the other rights and remedies available to you under the ACL.

These additional warranties are offered by Urban Couture having regard to the nature, design and features of the goods. For example, if the goods are of a rustic or organic nature, like marble, timber or linen, then surface details may vary from imagery and display models. Where natural materials are used in the manufacturing process or are handmade, minor variations will occur from piece to piece. Such variations as a result of the nature of the goods are not considered defects under the additional warranties.

Additional Warranties do not apply to:

a) defects or damage resulting 
from negligence, abuse or misuse, including (but not limited to) inadequate or improper maintenance, exposure to water, direct sunlight, salt air, chemicals, accidents, any use for which the product was not designed for;

b) ordinary wear-and-tear;

c) the fabric or leather coverings or goods or furniture or cane/wicker furniture (unless the terms of sale expressly say so);

d) any failure by you to follow the Urban Couture Care Instructions or manufacturer’s instructions or specifications;

e) if a product is relocated from its original delivery location by transporters not approved by Urban Couture or the relocation caused damage due to improper packaging and transporting;

f) any furniture which has been exposed to Extreme Use (Extreme Use is damage caused by more than ‘normal wear and tear;’ or spills such as acid, solvents, dyes, or other corrosive materials, ink, paint or body fluids; moisture of any kind, improper cleaning techniques or placing furniture outdoors, in close proximity to heat or in direct sunlight);

g) any work or installation carried out on the item by a contractor or third party not approved in writing by Urban Couture.

11. Newsletter Subscription

Your personal data is safe with us, and will never be disclosed to any third parties or sold. You can also unsubscribe anytime.

12. Vouchers

You may use promotional vouchers and Gift cards as payment for Services on the Website and in Store. To redeem vouchers simply type the promotional code in the shopping cart (for Website purchases) or present it to a member of our Sales team in the showroom.

We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.

If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.

In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the website, we are entitled to close your account and/or require a different means of payment.

We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.

13. Conditions for the redemption of promotional vouchers

Promotional vouchers are valid for the specified period only, and they can only be redeemed once and cannot be used in conjunction with other promotional vouchers. Individual brands may be excluded from voucher promotions.

  • If you place an order for a product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
  • The credit of a promotional voucher does not accrue interest nor does it have a cash value.
  • If the credit of a promotional voucher is insufficient for the order you wish to make, you may make up the difference through payment.

14. Conditions for the redemption of gift cards

  • You may purchase Gift cards for use on the website or in store by you or other Customers. These gift cards can either be sent by email or printed in pdf form.
  • Gift cards cannot be used to buy more gift vouchers.
  • Gift cards have an expiry date 365 days from the date of their purchase and this expiry date cannot be modified. Any balance that remains after the expiry date will not be available for use.
  • An order for a Gift card can be cancelled by contacting us on 02 9698 0736 at any time before the gift card has been redeemed.
  • A Gift card is considered to have been redeemed if it is used as payment in placing an order.
  • If the credit of a Gift card is insufficient for the order you wish to make, you may make up the difference through payment.
  • You may use as many Gift cards as you wish in paying for an order, and gift cards may be used in conjunction with one promotional voucher per order.
  • Gift cards are not transferrable and cannot be returned or exchanged wholly or partly for cash. Gift cards should be treated as cash. You are responsible for the use and safety of your Gift card. Urban Couture is not responsible for any loss or damage resulting from lost or stolen gift cards or gift cards used without permission. Lost or stolen Gift cards will not be replaced or refunded.

15. Credit Card Fraud, Protection and Prevention

When you place an Order on the Website, by either a Credit Card or PayPal, you may be sent an email from our Fraud Team requesting further information to confirm the identity of the card-holder, such as a copy of your credit card and drivers license. This is to ensure a safe and reliable shopping experience and to protect you against fraud.

When Urban Couture requests further information to confirm the identity of the cardholder, your order will be placed in pending status and will remain pending until your order has passed our Fraud Team’s internal checks. If you do not provide the required information, your order will be cancelled and your payment will be refunded back to the original payment method. These information requests are sent to help protect credit card and Paypal account holders from online fraud. Urban Couture may take further action against customers identified to be making fraudulent transactions.

16. Linking to this Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

17. Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Urban Couture and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect Urban Couture’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

18. Indemnity

You agree to indemnify, defend and hold harmless Urban Couture, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms and Conditions.

19. Governing Law and Jurisdiction

These Terms and Conditions are to be construed in accordance with the laws of New South Wales, Australia and in the event of any dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of New South Wales, Australia.

If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.

20. Entire Agreement

The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Urban Couture. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of Urban Couture.

21. Prices

All references to $ and dollars on this website are to Australian currency.

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