TERMS AND CONDITIONS
- PRICING AND PAYMENT
1.1 Prices displayed for the supply of goods include GST, and any other taxes or duties imposed on or in relation to the goods.
1.2 Payment for the goods must be made strictly by credit card (MasterCard or Visa) or electronic funds transfer immediately upon confirmation of Your order. Goods will not be dispatched until full payment has been confirmed.
1.3 Goods displayed are subject to availability. If any goods are not available, M&M’s Rug Shop will inform You within 7 days.
1.4 In the case of non-availability of goods:
1.4.1 You may request the provision of substitute or similar goods; or
1.4.2 You may cancel Your order; and
1.4.3 M&M’s Rug Shop will make the appropriate adjustment to, or refund of, the purchase price
- RISK AND INSURANCE
2.1 The risk in the goods and all insurance responsibility for theft, damage or otherwise will pass to You immediately on the goods being dispatched from M&M’s Rug Shop warehouse.
2.2 You assume all risk and liability for loss, damage or injury to persons or to Your property or the property of third parties, arising out of the use or possession of any of the goods sold by M&M’s Rug Shop, unless recoverable from M&M’s Rug Shop on the failure of any statutory guarantee under the ACL.
3.1 M&M’s Rug Shop will arrange for the delivery of the goods to You to a nominated delivery address within Australia. You will be responsible for all costs associated with delivery, including postage or courier delivery, insurance and other charges arising from the point of dispatch of the goods to the point of delivery, which will be displayed on your order.
3.2 M&M’s Rug Shop will designate the method of delivery for the goods. If You require a more costly method of delivery, additional charges will be incurred.
3.3 Any period or date for delivery of goods stated by M&M’s Rug Shop is an estimate only and not a contractual commitment.
3.4 M&M’s Rug Shop will use its reasonable endeavours to meet any estimated dates for delivery of the goods but will not be liable for any loss or damage suffered by You or any third party for failure to meet any estimated date.
3.5 M&M’s Rug Shop may make part delivery of goods and may invoice You for the goods provided.
3.6 A postage receipt, courier docket or driver's manifest directing delivery to the address nominated by You will be proof of delivery of the goods.
3.7 You may be required to provide photo identification at the time of delivery of the goods.
3.8 You indemnify M&M’s Rug Shop against any loss or damage suffered by M&M’s Rug Shop as a result of delivery, except where You are a consumer and M&M’s Rug Shop has not used due care and skill.
3.9 You must advise M&M’s Rug Shop within 72 hours of delivery:
3.9.1 of the non arrival of any or all of the goods;
3.9.2 if there is damage to the goods;
3.9.3 that the wrong goods have been received; or
3.9.4 that the quantity of the goods is incorrect
4.1 Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods, the Contract does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or any contractual remedy for their failure.
4.2 If You are a Consumer, nothing in these Terms restricts, limits or modifies Your rights or remedies against M&M’s Rug Shop for failure of a statutory guarantee under the ACL.
4.3.1 the statutory guarantees under the ACL do not apply; or
4.3.2 You have purchased the goods to on-supply to a person who is a Consumer,
then M&M’s Rug Shop’s liability is limited to the maximum extent permitted by including (including under section 274 of the ACL).
4.4 M&M’s Rug Shop is not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, other than if You are a Consumer, then to the extent that the loss was reasonably foreseeable.
4.5 Nothing in the Terms is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods which cannot be so excluded, restricted or modified.
5.1 You acknowledge that:
5.1.1 You have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by M&M’s Rug Shop in relation to the goods or their use or application.
5.1.2 You have not made known, either expressly or by implication to M&M’s Rug Shop any purpose for which You require the goods and you have the sole responsibility of satisfying Yourself that the goods are suitable for Your use.
6.1 M&M’s Rug Shop does not accept return of goods for change-of-mind reasons.
6.2 Returns and/or exchanges are only permitted where required by the ACL, or as otherwise agreed with M&M’s Rug Shop.
7.1 If M&M’s Rug Shop is unable to deliver or provide the goods, then it may cancel Your order (even if it has been accepted) by notice to You.
7.2 No purported cancellation or suspension of an order or any part of it by You is binding on M&M’s Rug Shop once the order has been accepted and payment confirmed.
- FORCE MAJEURE
8.1 M&M’s Rug Shop is not liable in any way howsoever arising under the Contract to the extent that it is prevented from acting by events beyond its reasonable control including but not limited to industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism, or acts of war. If an event of force majeure occurs M&M’s Rug Shop may suspend or terminate the Contract by giving You written notice.
8.2.1 The law of Victoria from time to time governs Your Contract with M&M’s Rug Shop.
8.3.2 M&M’s Rug Shop’s failure to enforce any of these Terms shall not be construed as a waiver of any of M&M’s Rug Shop’s rights.
8.2.3 If any Term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.
8.2.4 A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.