Web Site Disclaimer/ General Terms & Conditions of Trendy Rugs.
The information
provided on this TrendyRugs.com.au ("TRENDY RUGS") website has been compiled for
your convenience. TRENDYRUGS believes that all the information within this
Internet site is correct and meets its obligations under the Australian Trade
Practices Act (1974). However, no warranty is made as to the accuracy or
reliability of links and associated information related to external websites
(third-party information) and TRENDY RUGS disclaims all liability and
responsibility for any direct or indirect loss or damage which may be suffered
by any recipient through relying on such third-party information.
TRENDYRUGS holds
the copyright to this website. TRENDYRUGS grants you a limited licence to
download this website for personal use only. You are not permitted to reproduce
or alter this website, or any copy of it, for any other purpose without the
prior express written consent of TRENDYRUGS.
TRENDYRUGS
regards your privacy as important and will take all reasonable steps to ensure
that if you have subscribed to receive notification of website updates, or sent
an e-mail to TRENDYRUGS; your e-mail address will remain confidential. In
addition, if you have provided TRENDYRUGS with your credit card details to
PayPal, TRENDYRUGS will take all reasonable steps to ensure they are kept
private and confidential.
TRENDYRUGS reserves the right to make changes, modifications, additions,
deletions and corrections to the website, at any time and without notice.
TRENDYRUGS is based in Sydney, Australia and the use of this site is governed by
the laws of the state of Sydney Australia. Any legal proceedings arising as a
result of using this website or liaising with TRENDYRUGS will take place in the
law courts of the state of Sydney Australia.
6. Payment InformationPayment Types for Australian CustomersWe accept online: * PayPalSimply choose your payment method at the point of checkout and we will
process your order and payment accordingly; a Trendy Rugs representative will
contact you when your order is received. Offline payments will be charged depending on the selected payment method
- our customer service staff will be able to inform you of our processing
arrangements for these payment types.
. General QuestionsCan I add products to my order?If you have yet to proceed through the checkout process you can keep
adding extra items to your shopping cart.Unfortunately you cannot, once the payment transaction is completed and
approved, add additional items to your existing order. If you wish to purchase
additional items, you can to create a new order within the website, or contact
our customer service department to add products manually:
tr@trendyrugs.com.au 1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONSThe following terms and conditions govern your use of the Trendy Rugs
website ("Website") located at www.trendyrugs.com.au and the
materials and information accessible on or from the Website. The Website is only
available for use by persons who are of an age to legally enter into binding
agreements.Your use of the Website means you accept these terms and conditions. If
you do not agree with these terms and conditions, please do not visit or use the
Website.2. REGISTERED GUESTS, PASSWORD AND SECURITYRegistered Guests agree to: · provide certain current, complete and accurate
information about yourself; · Maintain and update this information as required to keep
it current, complete and accurate. Trendy Rugs may refuse to provide or to continue to provide access to the
Website at its sole discretion until you are accepted as a Registered Guest.
Trendy Rugs reserves the right to terminate your use of the Website if any
information provided by you is incomplete or inaccurate.Your Registered Guest account is not transferable. Once you become a
Registered Guest, you will receive an access code, which consists of a
client/user number and password. Your access code is used to log into the secure
area of the Website. It is important that you:· keep secure and protected your record of access codes; · keep only one record of your access codes; · keep your record of your password, or client number or
confidential identification details you have provided separate and apart from
each other; · do not tell any unauthorized person your access codes; · do not allow any unauthorized person to read, watch you
enter, or view your access codes. · Trendy Rugs may cancel the use of the secure area of the
Website at any time without notice if we believe the access codes have been
used, or will be used in a way that will cause confidential information to be
released. 3. REGISTERED GUEST CONDUCTYour right to use the Website is personal to you. You undertake not to use
or allow the Website to be used:5. to receive, store, display, send or publish any material which is
offensive, abusive, indecent, defamatory, obscene racially or ethnically abusive
or menacing; 6. to receive, store, display, send or publish any material in breach of
confidence; 7. to receive, store, display, send or publish any material which is harmful
to minors in any way; 8. to receive, store, display, send or publish any material that infringes
the intellectual property rights, privacy, publicity or any other rights of any
third party; 9. to cause annoyance, inconvenience or needless anxiety; 10. in breach of any
applicable law, regulation or code; 11. to send unsolicited
or unauthorised advertising , "junk mail", "spam", "chain letters", "pyramid
schemes" or any other form of solicitation; or 12. in a manner which is
otherwise unlawful. 13. Trendy Rugs may
(temporarily or permanently) grant limited access or deny access to the Website
or any part of it or cease to provide any of its facilities where, in its sole
discretion, continued use by you is or is likely to contravene any of the above
provisions. 4. WEBSITE ORDERS & DELIVERIESAll orders placed through the Website are subject to confirmation and
acceptance by Trendy Rugs. All orders are accepted on the condition that you
accept these terms and conditions and Trendy Rugs Returns Policy and Privacy
Policy. Trendy Rugs may, at its sole option, revise any of its Policies from
time to time without notice.Where the goods are not available, you will be notified of this by Trendy
Rugs as soon as possible.Trendy Rugs aims to include up-to-date pictures of all of the products for
sale on the Website. However, our picture of the goods may differ from the
actual goods delivered.Trendy Rugs reserves the right to restrict sales to retail quantities when
supplying resellers and distributors.Trendy Rugs or its agent will deliver the goods you order to the address
you specify in your order, within the agreed time frame, subject to their
availability.Anyone at the delivery address who receives the goods will be presumed by
Trendy Rugs to be authorised to receive the goods. If there is no-one at the
delivery address or no-one of appropriate age to receive and pay for the order,
Trendy Rugs may charge you additional delivery fees.If your goods include products in respect of which the law prescribes a
minimum age for purchase, you must be 18 years of age or older (or such other
higher minimum age as is prescribed by the law), and you must ensure that a
person of appropriate age is available to accept delivery of the goods. Trendy
Rugs may refuse to deliver the goods if the person receiving the goods is unable
or unwilling to provide evidence of proof of age.Once the goods are delivered to you, you will own them and it is your
responsibility if they are lost or damaged.5. WEBSITE PRICES & PAYMENTFor each online order, you must pay:· the applicable price for the relevant goods confirmed by
Trendy Rugs; and/or · the delivery and handling fee specified on the Website at
that time, or confirmed at a later date. · Payment must be cleared before the goods are dispatched.
All payments are to be made through the payment system provided by the Website,
unless otherwise agreed. We are unable to accept COD payments. Prices and availability are subject to change without notice.
Typographical, product description, pricing, images and other errors are subject
to correction, even after orders and/or payment are accepted.Trendy Rugs may vary prices in the event of price changes or mistakes made
by suppliers on reasonable prior notice to you. If Trendy Rugs requests payment
for increased prices, you may cancel the order by giving notice to Trendy Rugs,
which must be received within 7 days of the announcement of the increase.6. GSTGST will be included within the prices and fees charged by Trendy Rugs and
is payable by you at the same time as you pay such prices and fees. "GST" means
the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).7. CREDIT REPORTING AND DISCLOSURE OF PERSONAL INFORMATIONFor the purposes of applying our Credit Policy and conducting our credit
management of your account, you authorise us to obtain from (and disclose to)
credit reporting agencies certain information about you for all purposes
permitted by the Privacy Act 1988 (Cth). This information may include personal
information (such as your name, address, telephone numbers, bank account or
credit card details, billing details), your credit worthiness, credit standing,
credit history or capacity and any information about your use of the Website.Trendy Rugs may refuse your application for, or monitor your usage of, or
restrict your access to, the Website on the basis of our assessment of credit
information relating to you. You are entitled to see and correct any credit
information we hold about you.You acknowledge and agree that we may disclose your personal information
if required to do so by law.You authorise us to disclose your personal information obtained by us in
connection with your use of the Website to our Related Corporations,
telecommunications suppliers, our agents and our contractors and use that
information for account management, business planning and marketing purposes.Trendy Rugs will take all reasonable efforts to ensure that information
concerning your personal information and any other data that you transmit
through the Website is kept secure and in accordance with our Privacy Policy.
However, you store this information at your own risk, and Trendy Rugs will not
be liable for any unauthorised access to, or loss of that information.8. WEBSITE RETURNSIf for any reason you are not entirely happy with your purchase, simply
return it for a full refund. Trendy Rugs inspect every rug leaving our warehouse
and have a 7 day full refund, return policy.
Return the rug in its original packing and after we have received and inspected
the rug, your money will be refunded to you . We will not accept returns of
soiled or damaged rugs and we do not refund the cost of return shipping or
handling-only the purchase price.9. INTELLECTUAL PROPERTYYou acknowledge that all copyright, trade marks and other intellectual
property rights in and/or relating to the Website and Trendy Rugs’s services are
owned by or licensed to Trendy Rugs.You must not use any of those intellectual property rights, Website or
Trendy Rugs services, except in the manner provided in these terms and
conditions.Subject to provisions of the Copyright Act 1968 (Cth), you must not, in
any form or by any means: copy, adapt, reproduce, broadcast, store, transmit, distribute, print,
publish or create derivative works from any information or material on the
Website;
alter, decompile, disassemble, reverse engineer or modify any material or
information that you receive from the Website which can be accessed through the
Website; or
use or apply, for commercial purposes any material or information on the Website
without the prior written consent of Trendy Rugs.
All trademarks, brands and names appearing on the Website are the property of
their respective owners. Nothing contained on the Website is intended to grant
any express or implied right to you to use or exploit any patent, copyright,
trademark or trade secret information. For further information on using the content, trademarks, brands and names
of the Website please contact us at help@trendyrugs.com.au 10. WEBSITE LINKSAny third party products, services and information offered for sale or
advertised which are accessible from the Website via a hyperlink to a third
party website ("Third Party Website") are not produced or endorsed by Trendy
Rugs and your legal relationship is with the third party supplier.Trendy Rugs has not checked the accuracy or completeness of the
information or the suitability or quality of the products and services of the
third parties.You must make your own enquiries with the relevant third party supplier
direct before relying on the third party information or entering into a
transaction in relation to the third party products and services accessible from
the Website via a hyperlink to the Third Party Website.Trendy Rugs may receive fees and/or commissions from third parties whose
products and services are displayed or made available from the Website via a
hyperlink to the Third Party. You acknowledge and consent to us receiving the
fees and/or commissions.11. THIRD-PARTY STATEMENTSTrendy Rugs does not monitor or review statements made by persons other
than Trendy Rugs ("Third Parties") on the Website. Third Parties may post
statements or information on some portion of the Website from time to time
("Third Party Posted Material"). Trendy Rugs makes no representations to you in
relation to the accuracy, quality, legality, ownership or other aspect of any
Third Party Posted Material.12. TERM AND TERMINATIONEither party may terminate your use of the Website or your right to
receive other Trendy Rugs services provided through the Website at any time by
either party giving the other written notice of termination.Trendy Rugs may immediately terminate your use of the Website and your
right to receive other Trendy Rugs services without prior notice if:1. you fail to pay any charges payable pursuant to these terms and conditions
(or any other agreement you may have with one of our Related Corporations) by
the respective due date; 2. subject to paragraph (a), you default in performance or observance of
these terms and conditions and, in the case of a breach capable of remedy, you
fail to correct that breach within 7 days of written notice from us; 3. you are declared bankrupt or an administrator, receiver or manager or
receiver and manager or a liquidator or provisional liquidator is appointed to
you or you enter into any arrangement with your creditors or any class of
creditors; 4. you die or, in the case of a partnership, on dissolution or on the filing
of an application to dissolve the partnership; 5. our supplier terminates its agreement with us. 6. If your use of the Website and your right to receive other Trendy Rugs
services is terminated for any reason by either party, you must immediately pay
us all amounts owed by you. 13. LIMITATIONS ON USEIf Trendy Rugs makes a request to you to stop using the Website or to
promptly return or destroy copies of information provided on the Website, you
must immediately comply with that request, and confirm in writing to Trendy Rugs
within 5 business days after that request, that you have done so.14. DOWNLOADABLE DOCUMENTSWhile Trendy Rugs will take all reasonable efforts to ensure that files
that you download from this Website are free from viruses, worms, Trojan horses
and other material of a destructive nature, your access to or use of them is at
your own risk.15. DISCLAIMER OF WARRANTIESYou agree to use the Website and other services provided by Trendy Rugs at
your own risk. The Website and other services are provided 'as is'. They are not
provided for professional use. Subject to any non-excludable provisions of the
Trade Practices Act 1974 (Cth), Trendy Rugs disclaims any and all warranties of
any kind, whether express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. Trendy Rugs makes no warranty that the Website or its other
services will meet your requirements, nor that they will be continual and
uninterrupted, timely, secure, or error free; nor does Trendy Rugs make any
warranty as to the results that may be obtained from the use of the Website or
other services or as to the accuracy or reliability of any information obtained
through the Website or other services or that defects in the software will be
corrected. No advice or information, whether oral or written, obtained by you
from or through the Website or other services shall create any warranty not
expressly made in these terms and conditions.16. LIMITATION OF LIABILITYWhile Trendy Rugs shall use all reasonable care in providing the Website
and other services, we shall not have any liability whatsoever in contract, tort
or otherwise to any party in respect of any loss or damage (including without
limitation direct, indirect, incidental, special or consequential loss, economic
loss or loss of other contracts, loss of profit or revenue, business
interruption, loss of programs or other data on your information handling system
or costs of replacement goods) arising out of the use of or reliance on the
materials or information presented on the Website, the use of any Third Party
Website and any Third Party Posted Material or other services, any inaccuracy or
error or omission from any part of the Website or other services or your
inability to use the Website or the other services and information contained
therein even if Trendy Rugs was expressly advised of the possibility of such
loss or damage.In the event that these terms and conditions constitute a supply of
services to a consumer as defined in the Trade Practices Act 1974 (Cth) or
relevant State or Territory legislation, nothing contained in these terms and
conditions excludes restricts or modifies any condition, warranty or other
obligation where to do so would be unlawful and in such event Trendy Rugs�s sole
liability for breach of any such condition, warranty or other obligation,
including any consequential loss which you may sustain or incur shall be limited
to: in relation to services - (1) the supplying of the services again, or (2)
the payment of the cost of having the services supplied again, as we may elect;
and
in relation to goods - (1) the replacement of the goods or the supply of
equivalent goods, or (2) the payment of the cost of replacing the goods or of
acquiring equivalent goods, as we may elect. 17. RELEASE AND INDEMNITYYou hereby waive, release, forgive, discharge and relinquish any and all
claims that you now have or may have against Trendy Rugs, its affiliates,
subsidiaries, parents, shareholders, directors, officers, employees, agents and
representatives which are connected with, arise out of, relate to or are
incidental to any transaction. You hereby agree to indemnify, defend and hold Trendy Rugs, its
affiliates, subsidiaries, parents, shareholders, directors, officers, employees,
agents and representatives harmless from and against any and all claims, loss,
damage, tax including GST, liability and/or expense that may be incurred by
Trendy Rugs, its affiliates, subsidiaries, parents, shareholders, directors,
officers, employees, agents and representatives arising out of or in connection
with the performance of its duties as described in these terms and conditions
including the legal costs, fees and expenses of defending itself against any
claim by any or all of the parties to any transaction and/or by any other person
and/or as a result of you taking any action or refraining from taking any action
or instituting or defending any action or legal proceeding.You further agree to indemnify and hold Trendy Rugs, its affiliates,
subsidiaries, parents, shareholders, directors, officers, employees, agents and
representatives harmless from any claim or demand, including reasonable lawyers'
fees, made by any third party due to or arising out of your use of the Website
or other services, the breach of these terms and conditions, or the infringement
of any intellectual property or other right of any person.18. VARIATION THESE TERMS & CONDITIONSTrendy Rugs may change these terms and conditions from time to time. Any
changes will be posted on the Website. You are responsible for reviewing the
Website to ensure compliance with these terms and conditions (as varied from
time to time).19. ENTIRE AGREEMENTYou acknowledge and agree that these terms and conditions (together with
the provisions of your registration and our various Policies) comprise the
entire agreement between the parties and exclude all oral or implied
representations and terms unless such terms are agreed between the parties in
writing.20. SEVERABILITYIf any part of these terms and conditions are or become invalid, that part
shall be severed and such invalidity shall not affect the validity of the
remaining terms and conditions.21. RELATIONSHIP OF THE PARTIESIt is agreed that no partnership, joint venture, association,
co-operative, agency or employee/employer relationship is intended by these
terms and conditions and any implication as to any such relationship is hereby
expressly negatived.22. FORCE MAJEURENo party shall be deemed to be in breach of these terms and conditions
(other than any obligation to pay money) by reason of any delay in performance
or non-performance to the extent that such delay or non-performance is due to
causes beyond its reasonable control (including, but not limited to, any strike,
lock-out or other form of industrial action, acts of God, war, riot, fire, flood
or storm) and the party concerned has acted and continues to act reasonably and
prudently to prevent and to minimise the effect of such causes.23. ASSIGNMENTTrendy Rugs reserves the right to assign or subcontract any or all of our
rights and obligations. If we exercise this right, we shall name the assignee or
subcontractor on the main screen of the Website and you will be entitled (if you
do not agree to such assignment or subcontract) to terminate your agreement with
us by giving not less than 3 working days notice to us. You may not, without our
written consent, assign or dispose any of your rights or obligations under your
agreement with us.24. SURVIVAL OF CERTAIN PROVISIONSEach indemnity under these terms and conditions is a continuing indemnity
and shall constitute a separate and independent obligation of the party giving
the indemnity from its other obligations under these terms and conditions and,
unless a contrary intention is indicated, shall survive the termination or
completion of your agreement with us.25. WAIVERAny party's failure to insist on compliance or enforcement of any of these
terms and conditions shall not affect its validity or enforceability or
constitute a waiver of future enforcement of that term and condition or of any
other term and condition.26. GOVERNING LAWThese terms and conditions shall be governed by the law in force in the
State of Victoria, Australia or, where applicable, the Commonwealth of
Australia, and the parties expressly submit to the non-exclusive jurisdiction of
the courts of that State or, where applicable, of the Commonwealth, and the
courts of appeal from them for determining any dispute concerning your agreement
with us.