These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods and Bespoke Goods are sold by Us to consumers through this website, www.rugartisan.com.au (“Our Site”).
Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods and/or Bespoke Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods and/or Bespoke Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods and/or Bespoke Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
Definitions and Interpretation
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
Information About Us
Our Sites, www.rugartisan.com.au is [owned and operated by Rug Artisan], a company registered at Australia Square, Level 32, 264 George Street, NSW 2000, Australia and whose main trading address is the same as above.
We are member of Goodweave, please find more information here.
We are registered with the Information commissioner’s office with the Data Protection act. Please find more information at here.
Access to and Use of Our Site
Access to Our Site is free of charge.
It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Consumers may only purchase Goods and/or Bespoke Goods through Our Site if they are at least 16 years of age.
[None of the Goods or Bespoke Goods on Our Site may be purchased by anyone under 16 years of age.]
The Goods and/or Bespoke Goods may only be purchased by consumers above a certain age. We are not permitted by law to supply these Goods or Bespoke Goods to anyone below the applicable age:
These Terms of Sale do not apply to customers purchasing Goods and/or Bespoke Goods in the course of business.
Goods, Pricing and Availability
Images of Goods and Bespoke Goods are for illustrative purposes only. There may be slight variations between the image of a product and the actual product sold due to differences in computer displays and lighting condition and, in the case of Bespoke Goods, variations resulting from your specific requirements;
[Due to the nature of the Goods and Bespoke sold through Our Site, there may be up to a +/-3% variance in the [size,] [capacity,] [dimensions,] [measurements,] [weight,]of those Goods and/or Bespoke Goods between the actual Goods and/or Bespoke Goods and the description.]
We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods and Bespoke Goods available from Us correspond to the actual Goods and/or Bespoke Goods that you will receive.
Please note, however, the following:
You are required to select the required [shape,] [rug type,] [colour,] [material,] and [size]of the Goods and/or Bespoke Goods that you are purchasing.
When placing an Order for Bespoke Goods, please ensure that all information that you provide to Us is correct, accurate, and complete. We cannot accept the return of any Bespoke Goods if that return is due to incorrect information provided by you. Please note that this does not affect your legal rights.
Minor changes may, from time to time, be made to certain Goods and/or Bespoke Goods between your Order being placed and Us processing that Order and dispatching the Goods and/or Bespoke Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods or Bespoke Goods and will not normally affect your use of those Goods and/or Bespoke Goods. However, if any change is made that would affect your use of the Goods and/or Bespoke Goods, suitable information will be provided to you.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated accordingly.
In the event that the price of Goods and/or Bespoke Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
All prices on Our Site includes taxes. If the Tax rate changes between your Order being placed and Us taking payment, the amount of Tax payable will be automatically adjusted when taking payment.
Delivery charges are included in the price of Goods or Bespoke Goods displayed on Our Site. For more information on delivery charges, please refer to our Delivery Guidelines.
Orders – How Contracts Are Formed
Your Order Number;
Confirmation of the Goods and/or Bespoke Goods ordered including full details of the main characteristics of those Goods and/or Bespoke Goods;
Fully itemised pricing for the Goods and/or Bespoke Goods ordered including, where appropriate, taxes, delivery and other additional charges;
Estimated delivery date.
Showing size, shape, colour, material selection.
Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it. In particular, please check the details you have provided carefully as We may not be able to accommodate changes once we have begun making/customising your goods.
If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. [Our acknowledgement of receipt of your Order does not mean that we have accepted it.]Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
Order Confirmation shall contain the following information:
We will send a paper copy of the Order Confirmation with or after your Goods and/or Bespoke Goods has been delivered.
In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 working days.
Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods and/or Bespoke Goods [unless you specifically request that We make a refund using a different method].
Payment for Goods and/or Bespoke Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. You will be charged at the time of order, your order will only be processed once payment has been cleared from the receiving bank.
We accept the following methods of payment on Our Site:
Delivery, Risk and Ownership
If no one is available at your delivery address to receive the Goods and/or Bespoke Goods and the Goods and/or Bespoke Goods cannot be left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods and/or Bespoke Goods;
If you do not collect the Goods and/or Bespoke Goods or rearrange delivery. We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We may store your goods in our distribution centre and bill you for any reasonable additional cost that we incur in recovering and storing the goods.
All Goods purchased through Our Site will state the time of delivery during the order. After the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14). Please note that Bespoke Goods may take longer and that We will provide further information [in the relevant product descriptions] AND/OR [during the Order process].
If We are unable to deliver the Goods and/or Bespoke Goods on the delivery date, the following will apply:
Delivery shall be deemed complete and the responsibility for the Goods and/or Bespoke Goods will pass to you once We have delivered them to the address [including, where relevant, any alternative address] you have provided.
Ownership of the Goods and/or Bespoke Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods and/or Bespoke Goods [unless you specifically request that We make a refund using a different method].
Faulty, Damaged or Incorrect Goods
Please note that if Bespoke Goods are incorrect as a result of your provision of incorrect information, rather than them not matching Our description, as explained in sub-Clause 7.5, you will not be able to return those Bespoke Goods.
If the goods are faulty or damaged in transit, you will be fully eligible for the refund if you don’t sign it as faulty goods and don’t accept delivery. In the case where you have accepted the delivery for damaged goods we shall not be held responsible for any claims.
For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Our Liability to Consumers
We will not be responsible for any loss or damage that is not foreseeable.
Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
Events Outside of Our Control (Force Majeure)
We will inform you as soon as is reasonably possible;
We will take all reasonable steps to minimise the delay;
To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods and/or Bespoke Goods as necessary;
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
Communication and Contact Details
If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 0292 581 137, by email at [email protected], or by post at Australia Square, Level 32, 264 George Street, NSW 2000, Australia.
For matters relating the Goods and/or Bespoke Goods or your Order, please contact Us by telephone at 0292 581 137, by email at [email protected], or by post at Australia Square, Level 32, 264 George Street, NSW 2000, Australia.
[In writing, addressed to Complaint Manager, Australia Square, Level 32, 264 George Street, NSW 2000, Australia;]
[By email, addressed to Complaint Manager at [email protected]]
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
How We Use Your Personal Information (Data Protection)
All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [Australia].
If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of [Australia].
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of [Australia].