Cushionbazaar.com is the e-commerce website of Cushion Bazaar (the “Business”), a business registered in Australia with the registered address 71 Olive Street, Prospect, SA 5082 Company ABN 55 837 022 844.
Please contact our customer care team should you have any questions concerning these conditions firstname.lastname@example.org. Our opening hours are Monday – Friday 9am – 5:30pm.
WHY ARE THESE TERMS AND CONDITIONS IMPORTANT?
Please read these Conditions carefully and make sure that you understand them before placing an order from our Website. Please note that before placing an order you will be asked to agree to these Conditions.
You should print a copy of these Conditions or save them to your computer for future reference. Please note that these Conditions, and any contract between us, are only in the English language.
Our right to vary these Conditions
We reserve the right to amend these Conditions from time to time as is deemed necessary, so please do check before ordering that you are comfortable with the Conditions which apply at the time. These Conditions were most recently updated on 25 April 2018. Should you not agree with any of the Conditions as shown at any time, you should cease using the Website.
USE OF OUR WEBSITE
You are provided with access to this Website in accordance with these Conditions. By using our Website, you confirm that you accept these Conditions and that you agree to comply with them. Use of our Website includes accessing, browsing, or registering to use our Website. If you do not agree to these Conditions, you must not use our Website.
CHANGES TO OUR WEBSITE
We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time and we are under no obligation to update it.
We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
ACCESSING OUR WEBSITE
Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Conditions and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
All rights in the design, intellectual property and information on the Website are owned by us, and are protected as appropriate by copyright, trademarks and other intellectual property rights. All material and content contained on the Website is for your personal non-commercial use only.
We strictly prohibit the reproduction, modification, distribution or incorporation into any other work of any or all of the material available on the Website except in so far as you may:
- Copy, print or download extracts of material from the Website for the sole purpose of using the Website in good faith for domestic purposes or for placing an order through the Website; or
- Copy, print or download extracts of material from the Website for the sole purpose of sending to individual third parties for their personal information provided that no commercial advantage or benefit is sought from so doing, and that you acknowledge us as the source of the material and you inform the third party that they must comply with the Conditions.
Any other use of the material and content and material of the Website is strictly prohibited and you agree not to nor assist in any such facilitation to copy, reproduce, transmit, publish, display, distribute or otherwise commercially exploit or create derivative works of such material and content.
All contents on pages of the Website, without exception, are the copyright trademarks or registered trademarks of Cushion Bazaar or our suppliers or that of other third party partners. All Rights Reserved. You will be responsible for any breach of these Conditions and will reimburse us for any loss caused as a result of your misuse.
The content on our Website is provided for general information only. We make no warranties, either express or implied, as to the Website’s accuracy, nor in relation to any transaction undertaken on or through the Website included but not limited to implied warranties of non-infringement, compatibility, security, accuracy or completeness.
Although we seek to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
LIMITATION OF LIABILITY
The reserves the right to withdraw or modify at any time the Website, or any part thereof, with or without notice, and will not be liable to you nor any third party in respect of any such modifications or withdrawals. Your continued usage of the Website after any such changes shall be deemed to be acceptance of such change.
As permissible under applicable law we disclaim any and all warranties of any kind in relation to the products. Your statutory rights as a consumer are not affected nor are your right of cancellation under the contract.
We are not liable in contract, tort including without limitation negligence, pre-contract or other representations (other than misrepresentations that may be deemed negligent or fraudulent) or otherwise out of or in connection with the Conditions for any economic losses including without limitation loss of revenue, profit, contracts, business or savings; loss of goodwill or reputation; loss of data; loss of anticipated savings; any indirect or other losses suffered or incurred by any party arising out of or in connection with the provisions of the Conditions.
The Conditions do not exclude nor limit our liability for death or personal injury resulting from our negligence or that of our directors, employees or agents.
In addition you agree to indemnify, defend and hold us and our officers, directors, employees, agents and suppliers harmless immediately on demand from and against all claims, liabilities, damages, losses, costs and expenses including reasonable legal fees arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website or by any other person accessing the Website using your account or personal information.
We bear no responsibility or liability for your use of other Websites you may access via links within this Website that we do not control nor have responsibility for the content. Such links are provided as a service and their inclusion does not indicate any endorsement nor affiliation with such website.
Any liability incurred by the Company in connection with any contract for our products to which the Conditions may apply shall not exceed the price of the products.
We shall not be liable to you nor deemed to be in breach of any contract with you or the Conditions by reason of any delay in performing or failing to perform any obligations in relation to the products ordered by you, if the delay or failure was due to any cause beyond our reasonable control.
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
PLACING AND ORDER
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
When you place an order on the Website, you make an offer to Cushion Bazaar to purchase the goods shown in your order. You will receive the following communications from us:
- When an order is placed, you will receive an email from us acknowledging that we have received your order. Please note that this is not a confirmation that your offer to purchase the goods has been accepted.
- We will confirm our acceptance to you by sending you an email detailing the items you have purchased, together with confirmation that payment has been debited from the method of payment you have provided.
- When your order is despatched you will receive an email with confirmation of the items despatched, the despatch method, anticipated delivery timeline, and delivery tracking information.
You may only purchase products from our Website if you are at least 18 years old.
By using the Website you warrant that any payment method used is your own and that there is sufficient credit to cover payment of the order placed.
Cushion Bazaar reserves the right to end any contract with you should you breach any of the Conditions herein or fail to make payment when due, or should we have reasonable cause to suspect you have or are about to engage in any fraudulent or illegal activity. We will suspend or terminate access to the Website accordingly and at any time, should we consider this to be necessary, and in the best interests of the Company.
PRICES AND STOCK AVAILABILITY
All prices quoted are in Australian Dollars and are correct at the time of publication, and are inclusive of Australian GST.
If an order is delivered overseas the recipient will be responsible for the payment of any customs or import duties levied once the package reaches the destination country. Please note that we have no control over these charges and we cannot predict their amount. Please contact your local customs office for further information before placing your order.
We endeavour to display on the Website all items in our current range and to hold stock of styles as shown. In the case of 30x50cm cushion covers and 55cm swuare cushion covers, these are made to order. If a design or size is out of stock and you will be advised by email when that product is available again. Alternatively, you can contact our customer care team to discuss a suitable alternative or reserve the product from our new shipment.
If we are unable to supply you with a product, for example because the product is not in stock or no longer available or because of an error in the price on our Website, we will inform you of this by email and we will not process your order. If you have already paid for your products, we will refund you the full amount as soon as possible.
WHAT HAPPENS AFTER PLACING YOUR ORDER
We use all reasonable endeavours to ensure that product descriptions, specifications and photographs are as clear and accurate as possible but these are not intended to be binding and can only provide a general description of the products for sale. Colour reproduction, material description and dimensions will provide a close representation, but we will not accept any responsibility for any variation in size, material or colour caused by browser software, monitor colour contrasts or computer systems used by you.
However, we do offer a comprehensive refund and exchange policy and on the understanding that you return any such goods to us in line with our Returns Policy within the Conditions, you will receive your money back.
We make every effort to deliver within the timescales promised on the Website and in further communications with you after an order has been placed. However, at times things do happen that are outside of our control and we will not be liable for any losses caused to you by late or missing delivery.
Please contact us at email@example.com or phone us on 1300 57 37 97 (inside Australia) or +61 8 269 2875 (outside Australia) should your order not arrive within the expected time, and we will do all we can to expedite delivery or you may cancel your order and obtain a refund. Our opening hours are Monday – Friday 9am – 5:30pm.
We use Australia Post Parcel Delivery for our shipments within Australia to the address stated on the order. If we receive returned orders that cannot be delivered due to an incomplete or incorrect address or because of customer failure to contact the courier company or collect the goods from the depot when requested, we will refund the cost of the product less any and all delivery costs incurred by us in sending out the goods plus any additional costs incurred to return the goods to us by the courier company.
RETURNS AND EXCHANGE POLICY
We hope that you will be delighted with the goods you have purchased from us but with our returns and exchange policy you can feel confident in buying from us, knowing that you can return goods if they are not suitable in any way or are not as expected.
If you would like to return your purchases for any reason, you are able to do so within 30 days of receipt. We are happy to offer you an exchange, or if you wish, a refund, provided that the goods are returned intact and in the same condition as when they were shipped and are in their original packaging.
Goods received back for return or exchange outside of these Conditions may be accepted at the discretion of the Company, refunds may then be made as a credit for use with the Company.
Please note that products will be your responsibility from the completion of the delivery.
Our returns policy does not affect your legal and statutory consumer rights.
HOW TO RETURN GOODS
You can obtain a Returns Number (RN) by contacting our Customer Care team. Please write your RN on your delivery note and include this within your parcel to return to our warehouse. Once goods have been received all appropriate refunds will be applied as quickly as possible to your original method of payment and within 14 days of goods being received by us.
Please ensure that you also enclose your contact details in case we should need to get in touch regarding your return.
Address for Returns is:
Cushion Bazaar – Returns
71 Olive Street
Prospect. SA 5082 Australia
Items are returned at your own cost and for your own security please ensure that you obtain proof of posting or despatch, and appropriate insurance, as we cannot accept responsibility for goods lost or damaged in transit.
DAMAGED OR FAULTY GOODS
Should you receive damaged or faulty goods please contact our Customer Care team within 48 hours of receipt of the goods and we will arrange collection of the goods.
Please do ensure that you return the damaged or faulty goods in the original packaging as you received them to the Returns address specified above. Once our warehouse has received and inspected the goods, a refund, including delivery charges, or replacement, will be arranged at our expense.
A gift can be returned in line with the standard policy within the Conditions. Refunds can only be made to the payment method used for the original purchase. We can exchange items, however, an email will be sent to the person who placed the order to confirm the exchange or refund.
YOUR RIGHT TO CANCEL
Although we expect that you will be delighted with your purchase, in line with Australia’s consumer laws, you do have a right to cancel your order in writing by email to firstname.lastname@example.org or to our operations office – Cushion Bazaar, 71 Olive Street, Prospect. SA 5082 Australia.
To exercise the right to cancel, you must inform us of your decision to cancel before the cancellation period has expired. Please let us know your name, address and the date on which you received your order.
Your legal right to cancel a contract starts from the date of the dispatch confirmation, which is when the contract between us is formed. You have a period of 14 (fourteen) calendar days in which you may cancel, starting from the day after the day you received the Products. You will receive a full refund of the price you paid for the Products and any standard delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of us having received the returned goods from you.
Please note that we are not able to refund you for any non-standard delivery costs. If you wish to cancel your order, you must return the Products without undue delay and in any event, no longer than 14 days from the date of notifying Cushion Bazaar that you wish to cancel the contract.
AUSTRALIAN DELIVERY POLICY
It is our intention to make the delivery and returns processes as simple and easy for you to use as possible so enhancing your experience of using the Website, and ensuring that you receive your order safely and promptly. Our team are committed to making this happen for you.
In the event that an item is out of stock we will communicate with you and offer an alternative if one is available, or keep in touch and advise when that product is available once more.
Orders will be processed within 24 hours of the order subject to confirmation of payment and stock availability.
Our partner courier services aim to deliver within 3-7 working days for our standard delivery option and Next Working Day if that service is selected for deliveries within Australia. Other options are available upon request, please contact our Customer Care team when placing your order.
We are committed to providing clear expectations of delivery times and to communicate with you as quickly as possible should we be aware of any difficulties. However, as hard as we may try there may be circumstances outside of our control which mean that quoted delivery dates cannot be maintained, i.e. bad weather, vehicle breakdown etc. This will not happen often but if it does we will endeavour to communicate with you. We cannot accept any liability for any loss or damage, whether direct or indirect, caused by a delayed or failed delivery.
Currently we have the following delivery options:
We will deliver to any address nominated by you; home, work or anywhere convenient for you. Orders will be delivered to the address provided on the order, and a signature is required upon delivery. If there is no one in at the nominated address the courier will try and leave with a neighbour and put a card through your door. If that fails, the package will be left at your local Post Office for Australia deliveries, and you will be carded to advise when you can collect.
We do not schedule the delivery routes or times but we partner with professional couriers and if your delivery is time critical please contact us and we will aim to help
INTERNATIONAL DELIVERY POLICY AND OPTIONS
We are delighted to receive orders from international customers, and our intention is to make the delivery and returns process as easy to use as possible for you. We will ship from our partner UK warehouse to the following countries:
As well as the Channel Isles, Isle of Man and to BFPO.
Austria, Belgium, Bulgaria, Canary Isles, Corsica, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Slovakia, Slovenia, Spain (including Andorra, Gibraltar & Canary Isles), Sweden, Switzerland and Turkey.
REST OF THE WORLD
Antigua, Argentina, Australia, Bahamas, Barbados, Belarus, Brazil, Brunei, Canada, Cape Verde Islands, Cayman Islands, Chile, China, Columbia, Cuba, Egypt, Falkland Islands, Fiji, Greenland, Hong Kong, India, Indonesia, Israel, Jamaica, Japan, Jordan, Korea, Kuwait, Latvia, Lebanon, Maldives, Malaysia, Mexico, Morocco, New Zealand, Oman, Pakistan, Peru, Philippines, Saudi Arabia, Seychelles, Singapore, South Africa, Thailand, Tunisia, Ukraine, United Arab Emirates, Uruguay, USA, Venezuela, Vietnam, Virgin Islands.
If your intended destination is not shown, then please contact us at email@example.com.
When you enter your delivery address at checkout the Website will automatically calculate the weight of your order and provide details of the carrier and the cost of shipment. Delivery schedules will be between 5 and 15 days but can be sooner dependent upon destination. It has been known for deliveries to be affected by Customs & Excise delays in the final destination country from time to time.
We are an Australian based Website operating within Australia. Purchases on the Website can be made securely using PayPal, Mastercard or Visa All payments are processed in Australian Dollars.
Payment for the products and all applicable delivery charges is in advance.
International credit card providers or banks outside of Australia will determine their own exchange rates and charges that you will be liable to pay. We have no control over such rates and charges and you should check with your issuing bank you should you have any such questions.
Any local import duties and taxes that may be due are the sole responsibility of the recipient of the goods.
RETURNS FROM INTERNATIONAL DESTINATIONS
For goods sent to non-Australian destinations, items must be returned within 35 days of receipt and in accordance with the general terms as noted in our Returns Policy, and be un-used and in their original packaging. We will refund the price paid for the goods once they have been returned to our warehouse but shipping costs and any other duties or taxes cannot be refunded. This does not affect your legal and statutory rights as a consumer.
CUSTOMER CARE AND HOW TO CONTACT US
Our aim is to ensure that you are completely delighted with your viewing of this Website and shopping experience, with our products and with our service. However, we are here to help in any way we can with all aspects of our products and service, and if you feel can improve in any way we would be pleased to hear from you.
All the information you need on our products and service can be found on the Website but our Customer Care team can provide help in finding the right product for your needs, in placing an order, arranging an exchange or return, tracking your order progress, and with any other questions you may have:
By Email – firstname.lastname@example.org and we aim to respond within one working day of receipt of your email. Please always include your own contact details and an order number if relevant.
By Telephone – +61 8269 2875, our staff are available as follows:
Monday to Friday – 9.00am to 5.00pm.
This is a standard number included in most mobile plans. You should consult your telephone provider for actual dialling costs. Please note that calls from outside Australia will be charged at international rates.
Calls may be recorded for training purposes.
By Post – Cushion Bazaar, 71 Olive Street, Prospect. SA 5082 Australia.
OTHER IMPORTANT TERMS
These Conditions and your use of the Website are governed by Australian law. This means that a contract for the purchase of products through the Website and any dispute or claim arising out of or in connection with it will be governed by Australian law. You and we both agree that the courts of Australia will have exclusive jurisdiction.
The Website and these Conditions are intended for use within Australia and although we are delighted to be of service to customers from outside of Australia we can give no warranty, either express or implied, that the use of the Website or the placing of any order through the Website from outside of Australia, complies with any applicable non Australian laws or regulations.
Cushion Bazaar may transfer or assign all or any rights or obligations under the Conditions to any third party. You may not transfer nor assign all or any rights or obligations under the Conditions to any third party without our express written permission.
In the unlikely event of any part or provision of the Conditions becomes void or unenforceable it does not mean the whole contract is unenforceable, all other parts or clauses within the Conditions remain as severable and surviving.
YOUR EXPECTATIONS AND RIGHTS
Should any of the Conditions be broken by you or if any liabilities are incurred as a result of your use of the Website you are liable for any and all costs arising that we or our officers, directors, employees, agents and suppliers incur as a result of any breach including reasonable legal fees if applicable.
Should any other person use your account and/or personal information with us you remain liable unless you are able to prove that such use was fraudulent.
Thank you for taking the time to review our Terms and Conditions.