1. About this Website
This website is published by Outdoor Elegance Pty Ltd ABN: 98 008 315 665 (ACN 131 444 730)
- trading as Outdoor Elegance of 22 Powers Road, Seven Hills, NSW, 2147. For the purposes of the below the term we, us, our may be used to describe the Company.
- Your use of Outdoor Elegance 'website' is subject to our Terms of Access. If you do not accept those terms, you must refrain from using this website or making a purchase from the website.
2. User Agreement
- These Terms and Conditions apply if you purchase a product (“Goods”) through the website. By making a purchase through our website, you accept these Terms and Conditions.
- By making a purchase through our website, you accept these terms, agree to be bound by them, and acknowledge that a contract is formed between us and you for the purchase of the Goods, the terms of which are these Terms and Conditions.
- The Terms and Conditions may be amended at any stage without notice. Your use of the website following any amendments to these Terms and Conditions is deemed to be an agreement to the terms and conditions as they exist at the time of your purchase. The Terms and Conditions are provided at the time of purchase for your review and can also be found here.
3. Guests and Registered Users
- Access to this website is available as a guest or an account holder
- To place orders on our website you may be required to register for an account. We require information about you for the registration process to be completed.
- To create an account, you must provide your name and address, telephone number, a valid email address and create a password. If the information provided isn't accurate or complete we may not be able to complete the transaction or deliver products to you. You can update your account details at any time via our website.
- We are not responsible for any loss you may suffer, including missing or lost products, where that loss occurs because your account includes inaccurate, misleading, or outdated information. At all times it remains your responsibility to ensure that all information provided to us, whether at the time of registering for an account, or when completing a transaction as a guest, is accurate.
- Your account is yours and yours alone - we do not allow anyone else to access your account and recommend you always keep your information secure.
- If you believe your account has been accessed without your permission, you should notify us immediately.
- We reserve the right to terminate your account if, in our reasonable opinion, you have behaved in a way that breaches these Terms and Conditions. If we have terminated your account due to a breach of these Terms and Conditions, you must not create another account.
4. Legal Capacity
- By conducting any transaction on our website, you warrant to us that you are over the age of eighteen years and that you are able to enter into a legally binding agreement with our company.
5. Customer Orders
- This section 5.1 applies only to orders placed by you through our website, and does not apply to orders made in-store.
- Please choose carefully as we do not offer a refund where you've had a change of mind, selected the wrong item or have found the product cheaper elsewhere.
- It is recommended that you double-check your cart before proceeding to purchase to ensure all the products in your cart are correct.
- Our online catalogue of products is published for informational purposes only, and constitutes an invitation by you to treat only. No binding contract, express or implied, is created between you and us until we have received payment for a transaction conducted by you through the website.
- Goods may differ from the description or images displayed on our website. All content published on our website is published in accordance our website content policy as set out in our Terms of Access, to which you have agreed by accessing this website
- This clause 5.2 applies only to purchases made in our store, and do not apply to purchases made on our website.
- We reserve the right to refuse to extend finance or rainchecks to any sell-out or floor stock specials, or other selected items which we may determine in our absolute discretion.
- We may require payment of a non-refundable deposit equal to 20% of the purchase price for the Goods before proceeding with any order.
- All prices expressed to include GST.
- Title to, and right to possession of all Goods remains with us until we have received the full purchase price for the Goods. You must not remove, or attempt to remove, any Goods from our possession until full payment of the purchase price has been received.
6. Gift Cards
- Selected stores may offer in-store or online gift cards. These gift cards may be redeemed and credited towards purchases made in-store or online.
- All gift cards, or unique codes applicable to those cards, must be presented at the time they are redeemed, and surrendered if they have no further credit.
- Online gift cards may only be redeemed on our website and cannot be redeemed for an in-store transaction.
- In-store gift cards may only be redeemed in the store to which they apply, and cannot be redeemed for an online transaction.
- Gift cards may only be used in the store for which they were purchased, and cannot be transferred or redeemed in another store.
- Gift cards are not redeemable for cash. Gift cards should be treated as currency and will not be replaced if lost
- Prices are shown in Australian Dollars (AUD) and include GST where applicable.
- Prices do not include any delivery charges.
- Delivery charges and product prices are subject to change in our absolute discretion.
- Any product displayed in-store without a price is displayed for informational and enquiry purposes only and not available for sale through our website.
- Unless otherwise stated in the product description, accessories displayed in any picture of Goods published on our website are not for sale, and are not included in the displayed price for any of the Goods featured online.
- Errors published on the website will be corrected without notice.
- All orders must be paid in full before the scheduled date of delivery or pick up.
- The following payment methods are accepted: Master Card & Visa , Direct Deposit (details will be provided upon request) , PayPal ( Online Only) , Zip Money (Online Only), Cash (Pick up Only).
9. Supply and Delivery
- We are not obliged to deliver the Goods at any time where you are in breach of these Terms and Conditions, or while any amount is owed by you to us.
- Any property of yours under our possession, custody or control is completely at your risk as regards loss or damage caused to the property or by that property.
- Some products may not be available for immediate delivery and in these circumstances may need to be ordered. We offer a general timeframe of 10 business days but occasionally the delay may be impeded by supplier availability. Where extended delays occur, we will endeavour to contact you to organise an alternative delivery.
- Where available you may choose to collect Goods in person at one of our stores or distribution centres. Where you elect to do so, we will advise you when the Goods are ready to be collected. Collection sites have differing business hours and thus collection times may vary. We cannot guarantee collection times at the time of sale but will contact you to arrange collection within two (2) business days from the date the Goods are received by us. Please Note: Not all items are available to pick up from all locations. Please refer to individual product descriptions & Delivery & Pick Up policies.
- In circumstances where we are unable to supply the goods you have ordered due to unavailability you may cancel your order without charge and we will arrange for a full refund of any payment made by you to be processed.
- We are not required to refund the purchase price for Goods purchased by you as a consequence of delays in delivery which are outside our control. You acknowledge that where Goods are a special order, or are an international import, extended delays may occur.
- Interstate deliveries may incur longer supply times.
- We may, in our absolute discretion, refuse to provide any Goods, where:
- Those Goods are unavailable for any reason;
- You are in breach of these Terms of Service;
- Payment for Goods previously provided by us to you or to any Related Bodies Corporate (as defined in the Corporations Act 2001), or to any other person associated with you in our reasonable opinion, has not been received by us.
10.1. General Delivery:
- The delivery times made known to you by us are estimates only, and we are not liable for late delivery, or non-delivery on any estimated date.
- You are responsible for ensuring that all information provided to us, including delivery address, is correct. We are not liable for any loss or damage incurred to you as a consequence of incorrect information supplied by you.
- We are not liable for any loss, damage, or delay occasioned to you as a consequence of late or non-delivery of the Goods.
- We do not deliver to PO boxes and the delivery address must be an address in Australia. We do not deliver to freight forwarding locations.
- If you live in a gated community or high rise and/or need to be home at the time of delivery, you must notify us at least 48 hours prior to the date of anticipated delivery of the Goods. You may notify us through the comments section of your purchase or by sending us an email to arrange a time.
- Difficult delivery locations (including stairs) can impact the delivery of our bulky goods and we ask that you provide us all information where the delivery may be difficult. If the driver(s) are unable to deliver the goods due to a difficult site and it has not been previously specified you may be charged additional costs.
- We may, at our option, deliver large orders of Goods in any number of installments unless we have agreed otherwise. If we deliver Goods by instalments, or multiple goods at once, and any instalment or Good is defective for any reason, this does not constitute a repudiation of the contract for sale formed by these Terms and Conditions and the defective instalment is a severable breach.
10.2. Delivery by Third Parties:
- Where we are unable to deliver your Goods, we may outsource the delivery of your Goods to a third party (‘Third Party Carrier). Where we do so, the conditions of this clause 10.2 will apply in addition to clause 10.1.
- Where delivery is being made by a Third Party Carrier, we may not be able to provide an exact delivery time outside of an estimated day. Where possible, we will provide you with a tracking number.
- We are not responsible for delays to deliveries where that delay is caused by a by Third Party Carrier. Where a delay occurs, and where possible, we will keep you updated as to the expected delivery date.
- We are not responsible to you, or any person claiming through you, for any loss or damage to Goods in transit caused by any event of any kind by any person (whether or not we are responsible for the actions of that person), where that delivery is made by a Third Party Carrier.
- We must provide to you all such assistance as may reasonably be necessary to institute claims against a Third Party Carrier for damage to Goods in transit, so long as you have notified us and the Third Party Carrier in writing immediately after the loss or damage is discovered by you on receipt of the Goods, and you have alerted the Third Party Carrier of your claim for compensation within three (3) days of receipt of the Goods.
11. Click & Collect
- You are welcome to collect your purchase in one of our stores or make an appointment collect from our Sydney distribution hub.
- When you select this option at checkout, a team member from the selected store will be in touch via email or phone to notify you that the item is ready for collection.
- Online orders must be collected within 30 days from purchase provided the stock is available and you have been notified of the products availability for collection. Storage Fees may be applied if the order is kept in storage longer than this time. Contact the store selected for pickup for more information.
12. Paypal and Credit Card Fraud
- You agree that where you commit any act of fraud in the completion of any transaction through the website (inclusive of credit card fraud, or fraudulent use of a paypal account), that you are solely responsible and liable for any such fraudulent action.
- You further indemnify us, and must keep us indemnified, for all loss, damages, expenses, costs (including legal costs on a full indemnity basis) suffered or incurred by us as a consequence of, or in any way attributable to a fraudulent use of a credit card, paypal account, or any other means of payment for Goods utilised by you for the payment of any amount to us.
13. Disclaimer and Limitation of Liability
- Our liability for Goods manufactured by us is limited to making good any defects. This must be done by repairing the defects or, at our option, by replacement, within a period not exceeding 12 calendar months after the Goods have been dispatched. This applies so long as:
- the defects have arisen solely from faulty materials or workmanship;
- the Goods have not received maltreatment, inattention or interference;
- accessories of any kind used by the Buyer are manufactured by or approved by Seller;
- the seals of any kind on the Goods remain unbroken; and
- the defective parts are promptly returned free of cost to the Seller.
- If the Goods are not manufactured by us, the guarantee of the manufacturer of those Goods is accepted by the Buyer and is the only guarantee given to the Buyer for the Goods. We agree to assign to you on request made by you the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to us under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
- We are not liable for, and you release us from, any claims in respect of faulty or defective design of any Goods supplied. This is unless the design has been wholly prepared by us and the responsibility for any claim has been specifically accepted by us in writing.
- The Seller's liability under clause 13(c) is limited strictly to the replacement of defective parts in accordance with clause 13(a) of these Terms and Conditions.
- Except as provided in these conditions, and otherwise subject to law (including the Australian Consumer Law), all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. We are not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of the Seller's negligence or in any way.
14. Indemnification of supplier by manufacturer
- Our liability under section 274 of the Australian Consumer Law is expressly limited to a liability to pay to you an amount equal to the lowest of the cost of replacing the Goods, the cost of obtaining equivalent goods, or the cost of having the Goods repaired.
15. Order Enquiries
- If you have any questions about your online order or would like to speak to a team member prior to purchase, please don’t hesitate to email or call your local Outdoor Elegance store direct.
- For an order in progress please provide your order confirmation number.
16. Damaged or Faulty Products and Refund Policy
In addition to any rights you may have under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (as it is defined in that Act), the following conditions also apply to any Goods purchased by us. To the extent that any part of our policy contradicts any part of the Australian Consumer Law, the Australian Consumer Law will prevail to the extent of the inconsistency.
a. Outdoor Elegance - Warranty and Returns
Outdoor Elegance selects materials and designs for our product range that allow our furniture to be used in the outdoors. Like everything there are varying degrees of performance to be expected from your setting depending on the specific materials used and the environment they are used in. Obviously, a setting kept in a covered area is going to have a longer lifespan than say one kept uncovered with full exposure to the elements. These factors should be considered when selecting your setting and how you go about protecting it.
Different Goods provided by us will be subject to differing warranties. To the extent that the terms of warranty for any particular good are inconsistent with these Terms and Conditions, the terms of the applicable warranty prevail.
- is for the original purchaser only;
- is valid from date of delivery;
- is valid only where the Goods have been used for exclusively domestic use;
- Extends only to repair or replacement of impacted pieces of a setting (where applicable), and we will be under no obligation to replace or repair and entire setting as consequence of a manufacturing or material defect of one component of a setting.
We require proof of purchase before attending to any repair or replacement of Goods under warranty.
Exclusions to Warranty:
- Damage, deterioration or discolouration if the product has not been maintained in accordance with the manufacturer’s instructions.
- Damage resulting from misuse, modifications, cleaning, storage, transportation or as a result of product being used outside its intended purpose.
- Defects, wear and tear or discolouration in products sold “as is” eg ex-demos, floor stock, returns and seconds.
- Damage caused from extreme heat, extreme cold or chemicals.Please refer to the Warranty, Care and Maintenance information sheet relevant to each product for more information.
Please contact email the store of original purchase to discuss the issue.We will require:
- Store location of original purchase
- Your name and address so we can look up the product you purchased and date.
- A description of the issue and relevant photographs. We will then assess and advise a course of action which may require the item to be returned to the store. The buyer is responsible to return product to the store if required.
17. 30 Day Return Policy
- Returns are accepted within 30 days of the receipt of the item on the following conditions
- All costs associated with the return of the item must be borne by the purchaser. Items must be in saleable condition, in their original packaging, unused and untarnished.
- Upon the receipt of the product and a successful inspection a full refund will be offered - less original shipping, installation costs.
- If the item is damaged upon receipt, you must contact us immediately to report the damage….otherwise the responsibility for the damage will be borne by the receiver.
- 30 Day Return Policy applies to Furniture products ONLY. Exclusions Apply> Excludes accessories, heating, Smokers & Grills, umbrellas, Floor models, Demo Models, Special Orders-Custom Ordered products & commercial use products. Furniture must be in original packagaing.
18. Privacy and Personal Information
19. Force Majeure
- Where an event of force majeure has occurred, including (but not limited to ) a natural or man-made disaster (such as fire, explosion, flood, earthquake, or other), war or other hostilities, riot, strikes, lock-outs or disorders, acts or threatsof terrorism, neither we nor you shall be considered in breach of these Terms and Conditions to the extent that the performance of our respective obligations (excluding payment obligations) is prevented by that event.
- Where an event of force majeure has occurred, then the party which has been excused from the performance of the agreement must endeavor to continue to perform those obligations as far as reasonable practicable. Where the event has resulted in an increase in cost by us in the performance of the contract formed by these Terms and Conditions, we may pass on that cost to you, provided that we have taken all reasonable steps to mitigate that cost.
- Irrespective of any extension of time, where an event of force majeure occurs and conditions for a period of 180 days, either party may give to the other a notice of termination of an agreement created by these Terms and Conditions.
20. Governing Law and Jurisdiction
- This Agreement is governed by the Laws of the State or Territory in which the transaction made under these Terms occurs, and each party irrevocably submits to the non-exclusive jurisdiction of that State or Territory. Nothing in this clause is intended to undermine the jurisdiction of the Federal Court of Australia or the Federal Magistrates Court of Australia.
Where any part of the contract created under these Terms and Conditions is unlawful or otherwise unenforceable, that part of the contract is severed from the contract and the remainder of the contract is preserved and continues.
22. Transfer and Assignment
- You may not assign or otherwise transfer your rights under any contract created under these Terms and Conditions to any other person without our prior written consent, which may be granted or withheld in our absolute discretion.
- We may assign our rights and obligations under any contract created under these Terms and Conditions to any other person, for instance, as a consequence of the sale of the business.