The BUDGET FURNITURE ONLINE website https://www.budgetfurnitureonline.com.au (the “Website”) and https://www.budgetfurnitureonline.com is owned and operated by Budget Furniture Online (ABN 97 033 070 730) (t/as and referred as BFO, Bfo., Budget Furniture Online, “we”, “our”, “us” or the “Company”).
These Terms and Conditions cannot be varied without our written consent. We may update these Terms and Conditions from time to time and the current version will always be shown on the Terms and Conditions page of our website.
We encourage you to read these Terms and Conditions, and if you have any particular questions please contact us our customer care team by phone 1300 755 057 or emailing firstname.lastname@example.org.
If you do not agree to these Terms and Conditions, you must not use our website in any manner.
SECTION 1: ACCESS AND USE OF THE WEBSITE
1.1. You must only use the Website in accordance with these Terms and Conditions and any applicable laws.
1.2. You must not (or attempt to):
- Interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Website or the servers or networks that host the Website;
- Use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Website; or
- Interfere (or attempt to interfere) with security-related or other features of the Website.
1.3. To place orders and access some features of the Website, you must register an Account with us. To register an Account, you must:
- Give us accurate and current personal information including your name, address, phone number, and a valid email address;
- You must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.
1.4. You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure.
1.5. We are not responsible for any unauthorised activity on your Account, if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
1.6. You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).
1.7. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
1.8. You are responsible for making all arrangements necessary for your own 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 Terms and Conditions, and that they comply with them.
SECTION 2: INFORMATION ON THIS WEBSITE
2.1. The Website and the content on the Website are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Budget Furniture Online.
2.2. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website, including audio and video excerpts, except as permitted by statute or with our prior written consent.
2.3. Information about goods on the Website is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
2.4. Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website.
2.5. We endeavour to ensure that all colours are displayed accurately, but you should be aware that colours may appear slightly differently on different displays and screens. The shade of colour from screen to screen is not a fault or error. This will be classified as a change of mind and returning items based on change of mind will be at the expense of the customer.
2.6. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.
2.7. To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our website are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our website.
SECTION 3: REGISTRATION, ORDER AND CANCELLATION
3.1. When making an order, you must possess a valid credit or debit card and register for an account on the Website. To place an order, you should follow the given instructions.
3.2. Irrespective of any previous price you have seen or heard, once you select a Product that you wish to order, you will then be shown or told (on the Website) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Website, all charges are in the currency then in force in Australia.
3.3. You must pay for the Product in full when placing an order by one of the payment methods we provide on the Website. Please find more details in our Payment Policy. In any event, we shall not be bound to accept the order before we have received the funds in full.
3.4. You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or another payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
3.5. When you submit an order to the Website, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your order.
3.6. Your order remains valid as an offer until we issue our Acknowledgement of your order. We shall not be obliged to supply the product(s) to you until we have accepted your order. We will send you an Acknowledgement with your order reference number and details of the product(s) you have ordered.
3.7. After you have placed your order and we have processed your payment we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order.
3.8. Your order represents an offer to purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched. Once this email has been sent and the goods have been handed over to the designated carrier, the contract between you and us is complete. The sale contract is therefore concluded in Queensland, Australia.
3.7. Budget Furniture Online reserves the right to decline any order, for any reason (e.g., unavailability of supplies, unusually high freight charges). In this case, we will promptly grant you a store credit or a full refund.
3.8. Budget Furniture Online works closely with its suppliers to ensure that prices shown on the Website are accurate. In the unlikely event that the price of your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
3.9. If you discover that you have made a mistake with your order after you have submitted it to the Website, please contact our Customer Care Team. Please note that we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
3.9. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. We will notify you if we are unable to. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.
3.10. We will not be liable to you or any other third party by reason of our withdrawing any product from our website, whether it has been sold or not, removing or editing any materials or contents on our website, or for refusing to process or accept an order after we have sent you the order confirmation.
SECTION 4: DELIVERY
4.1. We aim to dispatch the product(s) to you within the estimated dispatch time frame. You are provided with the estimated dispatch time on the Checkout page.
4.2. We shall aim to notify you if we are unable to meet our estimated dispatch time frame, but, to the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late dispatch or delivery. Please check our Shipping and Returns Policy https://www.budgetfurnitureonline.com/shipping-returns for further details.
4.2. Once you add product(s) to your cart, you will be asked to enter your postal address in order to appropriately calculate the shipping cost. Cost of delivery may depend on your location as well as the weight and length dimensions of the product.
4.3. Items will be delivered to the address you provided while placing the order. For Special Freight Items (e.g. bulky furniture), our shipping partner will contact you directly to agree on appropriate delivery time.
4.4. If for any reason, our shipping partner cannot reach you at the agreed delivery time, we will provide you with the instructions to either collect the product(s) directly from our shipping partner (in case of regular parcels) or to re-arrange the delivery (in case of Special Freight). In these situations, Budget Furniture Online reserves the right to charge you for any additional costs incurred (e.g. shipping and storage) or to cancel the sale contract, in which case, we will fully refund you the net amount (i.e. the amount you paid minus shipping costs or storage costs).
4.5. In the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch. We will contact you by email as soon as possible to let you know. You may choose to have a store credit to your account or a refund to the value of the unavailable product.
4.6. If delivery of an order will result in unacceptably high freight charges to us, Budget Furniture Online , we reserve the right to contact you to request further shipping fees or to cancel an order prior to dispatch. If we cancel your order in these circumstances we will issue a full refund to you.
4.7. Upon delivery, you will be asked to sign a delivery form, in which you confirm that the product(s) was delivered in the correct condition (without obvious defects or damage).
4.8. Alternatively, if you indicate that you would like to give us the authority to leave the product(s) at your delivery address in your absence by ticking the checkbox on the checkout page, we will not be liable for any loss or damage to the product(s), if the product(s) are recorded as delivered by our shipping partners.
4.9. You may be eligible for freight protection provided your Order satisfies all necessary conditions. Please check our Shipping and Returns Policy for further details.
4.10. We reserve the right to change the eligibility requirements or discontinue the offer of freight protection at any time.
SECTION 5: CHANGE OF MINDS
5.1. We want you to feel confident when buying on our Website. Should you change your mind about a purchase you have made with us, you have the option of returning the Product within 30 days of having received it and can opt for a store credit or a refund. Refunds can only be processed back onto the card where the payment was originally taken from.
5.2. Return Eligibility:
- We require the returned product(s) to be unused and in the original packaging. Any items that are not returned to us in the original packaging and/or in original condition will incur an additional 20% handling fee (deducted from your refund). This also includes not packing the item up sufficiently to avoid damage in transit back to us. Please use the packing material the item was sent with.
- For health and hygiene reasons, the following items are not eligible for a change of mind return; rugs, mattresses, bed linen and pillows.
- Items that were in Clearance on the date of purchase are not eligible for a change of mind return.
5.3. Prior to returning your items, please contact our Customer Care Team by emailing email@example.com. Our team will provide you with all relevant guidelines to proceed with the product return process (e.g. shipping process).
5.4. You may also be required to fill in a Return Authorisation Form provided by us, in order to proceed with the return process. Once we receive the items in ‘as new’ condition, we will fully refund you the amount you paid for the product, less the inbound and outbound shipping costs.
5.5. Free return shipping is only available to certain items if you follow our instructions. Please check our Shipping and Returns Policy for further details.
SECTION 6: DAMAGED OR FAULTY RETURNS
6.1. You need to notify Budget Furniture Online as soon as possible, ideally within 3 business days in the unlikely event that your item arrives damaged or faulty. Please contact our customer support team for guidance by phone 1300 989 334 or email firstname.lastname@example.org.
6.2. In order to assist the return process, you may be required to provide additional information. Please do not attempt to return any items before speaking to one of our Customer Service Team (you may be responsible for any associate expenses if you do so).
6.3. If after the preliminary assessment our Returns Department assess and approve the return, our Customer Care Team will contact you to proceed with the return process. Depending on if it is a minor or major defect, Budget Furniture Online will arrange a replacement or give you a store credit or rebate of part or all of the Product price. Please see details in Clause 7.
6.4. If after the preliminary assessment our specialists decide that the product needs to be sent back for further examination to ascertain if there is a defect with the product, our customer support will contact you to arrange the return of the product(s).
6.5. You are entitled to recover reasonable postage or transportation costs if the product is confirmed to have a defect. Please keep the receipts of shipping costs. We will arrange the pick up of Special Freight Items. If the Product is found not to have a defect or deemed out of warranty, you may be required to pay the transport or inspection costs. An estimate of these costs will be provided to you before the Product is collected.
6.6. It does not constitute a defect, if, in our reasonable opinion, the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care.
SECTION 7: WARRANTY CLAIMS
7.1. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Product repaired or replaced, if the Product fails to be of acceptable quality and the failure does not amount to a major failure.
7.2. The Australian Consumer Laws (“Law”) which forms part of the Competition and Consumer Act 2010 (Cth) is relevant with certain statutory conditions and warranties in our consumer contracts, which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to Products, and the breach is in terms of the Law, a “major” failure, then the remedy will be limited to a refund or a replacement of your preference. In all other cases, a breach of such warranty will give rise to a refund or replacement at our preference.
7.3. We provide the following express warranties subject to the following terms and conditions:
- We will refund, give store credit or replace the Product as the case may be in the circumstances and to the extent required under the Law if the Product you receive;
- Does not match the description on the website except for slight variations in colour due to the screen settings of your computer or mobile device;
- Is substantially unfit for its intended or disclosed purpose;
- Is not of acceptable quality (as defined in the Law);
- Is unsafe; or
- If the alleged issue with the Product is such that a reasonable consumer aware of the issue would not have acquired the Product.
7.4. Where a refund, a store credit or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law, require the return of the Product to us before refunding or replacing it. We will pay for, or reimburse you for, any shipping costs to return the original Product to us. Replacement Products are subject to the same warranties as the original.
7.5. You must retain your proof of purchase for any manufacturer warranty claims. Refunds will be made back to the payment option you chose with your original order. This can only be processed back onto the same card or payment method that original payment was taken from.
7.6. In order to obtain these remedies, you must notify us within a reasonable time of supply of the goods. In this context, a ‘reasonable time’ is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods. In most cases, this will be 7 to 14 days, but in some circumstances may be longer. Please contact us for customer support, except if and to the extent where the Law requires otherwise, return the original product to the address customer support provided you.
7.7. We aim to process refunds and replacements within 30 days of receipt by us of the original product. We will not refund or replace a product where in our reasonable opinion the product has following the sale to you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care.
7.8. In case of return being rejected, you will pay for the return freight costs and any inspection costs reasonably incurred.
7.9. Where any law implies a warranty into this agreement, which may not be lawfully excluded, then to the extent allowed by law, our Liability for breach of the warranty will at our option be limited to:
- The replacement of the goods or the supply of equivalent goods;
- The repair of the goods;
- The payment of the cost of replacing the goods or of acquiring equivalent goods; or
- The payment of the cost of having the goods repaired
SECTION 8: PROMOTIONAL VOUCHERS AND GIFT VOUCHERS
8.1. You may use promotional vouchers and gift vouchers as payment for certain Products on the Website. Specific details for promotional vouchers are at Clause 9 and for gift vouchers at Clause 10. Please note that, notwithstanding anything else in these Terms and Conditions, promotional vouchers and gift vouchers cannot be used as a form of payment on certain Products.
8.2. For all promotional vouchers and gift vouchers, the following general terms and conditions will apply;
- We may email gift and promotional vouchers to you. We accept no Liability for errors in the email address of the voucher recipient;
- In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift or promotional voucher purchase or redemption of that voucher on the Website, we are entitled to close your Account and/or require a different means of payment; and,
- We assume no Liability for the loss, theft or illegibility of gift or promotional vouchers.
SECTION 9: CONDITIONS FOR THE REDEMPTION OF PROMOTIONAL VOUCHERS
9.1. From time to time we may release promotional vouchers that may be used on the Website. Promotional vouchers can only be redeemed on the Website in accordance with the special terms and conditions stated on them.
9.2. Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other offers (including, for the avoidance of doubt, sales, promotions and other vouchers). Individual brands may be excluded from voucher promotions.
9.3. The credit of a promotional voucher cannot be used to pay for Products from third parties.
9.4. If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
9.5. The credit of a promotional voucher does not accrue interest nor does it have a cash value.
9.6. If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another promotional voucher or attempting to rely on any other offer). Please note that only one promotional voucher can be used per order.
9.7. Promotional vouchers are applied to invoices as a whole. Accordingly, in circumstances where multiple Products are purchased using a gift voucher, and one or more items are returned, the discount is applied on a pro rata basis to each item for the purpose of establishing refund values.
SECTION 10: CONDITIONS FOR THE REDEMPTION OF GIFT VOUCHERS
10.1. You may purchase gift vouchers for use on the Website by you or other Customers. Gift vouchers will be sent by email. You are responsible for the use and safety of your gift voucher. We are not responsible for any loss or damage resulting from gift vouchers used without permission.
10.2. Gift vouchers cannot be used to buy further gift vouchers.
10.3. The credit of a gift voucher does not accrue interest nor does it have a cash value.
10.4. Gift vouchers are valid until the expiry date stated on them. Any balance that remains after the expiry date will not be available for use.
10.5. Gift vouchers cannot be redeemed or refunded for cash.
10.6. If you place an Order for a Product less than the value of the gift voucher, the residual credit can be used for future purchases, but the residual credit cannot be redeemed for cash.
10.7. If an order made using a gift voucher is cancelled or returned, the portion of the purchase attributable to the gift voucher will be refunded as a store credit only.
10.8. For the avoidance of doubt, a reference to a ‘gift voucher’ in Clause 10 will include any ‘store credit vouchers’ and ‘courtesy vouchers’ given to you by our Customer Service Department.
SECTION 11: CREDIT CARD FRAUD, PROTECTION AND PREVENTION
11.1. When you place an order on Budget Furniture Online, using one of the payment methods we offer on the Website, you may be sent an email from our Fraud Team requesting further information to confirm the identity of the card holder, such as a copy of your credit card and driver licence. This is to ensure a safe and reliable shopping experience and to protect you against fraud.
11.2. When Budget Furniture Online requests further information to confirm the identity of the cardholder, your order will be placed in pending status and will remain pending until your order has passed our Fraud Team’s internal checks. If you do not provide the required information, your order will be cancelled and your payment will be refunded back to the original payment method.
11.3. These information requests are sent to help protect payment method account holders from online fraud. Budget Furniture Online may take further action against customers identified to be making fraudulent transactions. Please see more details in our Payment Policy.
SECTION 12: PROTECTING CHILDREN
12.1. Budget Furniture Online takes special care to protect the safety and privacy of children.
12.2. Our Web site is a general audience site. We do not sell knives to anyone less than 18 years of age. If you are under the age of eighteen (18) years, you must not place orders to purchase knives.
12.3. By placing a purchase for a knife, you warrant that you are over the age of 18 and are legally entitled to purchase and possess the products in your jurisdiction.
SECTION 13: SPECIAL OFFERS
13.1. Unless otherwise specified, all special offers fall under the following terms and conditions:
- Promotions with free items offered will exclude shipping costs;
- Free items may arrive separately from the primary purchase;
- For all buy one get one free promotions, the free item must be of equal or lesser value;
- Unless otherwise stated, discounts or special offers only apply to the products advertised.
SECTION 14: INTELLECTUAL PROPERTY
14.1. All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the look and feel and other visual or non-literal elements)) (whether registered or unregistered) in;
- The Website;
- Information content on the Website;
- Any database operated by us; and
- All the Website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) are owned by us or licensed to us.
14.2. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved to Budget Furniture Online.
14.3. None of the material listed in Clause
14.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.
14.4. You may, however, retrieve and display the content of the Website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
14.5. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website or accessed as part of the Service without our permission.
14.6. All rights (including goodwill and, where relevant, trademarks) in Avanarte name are owned by us or licensed to us. Other product and company names mentioned on the Website are the trademarks or registered trademarks of third parties.
14.7. Title, ownership rights and intellectual property rights in and to the content accessed using the Website is the property of the applicable content owner orsupplier and may be protected by applicable copyright or other law.
14.8. Subject to the limited rights described in Clause 14.2, this Agreement gives you no rights to such content. The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
14.9. Any material you transmit, post or submit to us either through the Website or otherwise (Material) shall be considered (and we may treat it as) non-confidential (subject to our obligations under data protection legislation). You grant us a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Material (other than Ideas).
14.10. All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist;
- Disclosed or offered to us by you; or
- In response to solicitations by us regarding the service or the Website; (in each foregoing case, these are called Ideas) shall be deemed to be and shall remain our property and you hereby assign all existing present and future intellectual property rights in Ideas, to us.
14.11. You must do all things reasonably requested by us to assure further the assignment of such rights. You understand and acknowledge that we have both internal resources and other external resources, which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms.
14.12. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
SECTION 16: LIMITED LIABILITY
16.1.This clause prevails over all other clauses and to the extent permitted by law, and states our entire Liability, and your sole and exclusive remedies, for:
- The performance, non-performance, purported performance or delay in performance of these Terms and Conditions; or
- Otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions
16.2. Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our Liability for;
- Death or personal injury caused by our Breach of Duty;
- Any breach of the obligations implied by law; or
- Any other Liability which cannot be excluded or limited by applicable law.
16.3. In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.
16.4. Subject to Clause 16.3;
- We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Website; and we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
- You should not rely on any information accessed using the Website to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information;
- We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
- To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Website, our services or this Agreement.
- You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
SECTION 17: GENERAL
17.1. No Partnership/Agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any Liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
17.2. Entire Agreement: This Agreement contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. However, the service and Products are provided to you under our operating rules, policies, and procedures as published from time to time on the Site.
17.3. Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
17.4. Force Majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
17.5. No Waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement.
17.6. Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.
17.7. Third Party Rights: All provisions of this Agreement apply equally to and are for the benefit of Avanarte, its subsidiaries, any holding companies of Avanarte, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
17.8. Survival: the provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
17.9. Severability: if any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
17.10. Governing Law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of Queensland and both parties hereby submit to the exclusive jurisdiction of the courts of Queensland.
17.11. Mediation and Dispute Resolution: in the event of any dispute under this Agreement the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with this Agreement which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators and Mediators Australia Mediation and Conciliation Rules.
17.12. We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the website will be deemed to constitute acceptance of the new Terms and Conditions.
SECTION 18: DEFINITION AND INTERPRETATION
18.1. In these Terms and Conditions:
- Account means the account that you register in order to submit an Order;
- Acknowledgement means our confirmation of your Order (typically sent by email);
- Breach of Duty means the breach of any; obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
- Business Day means any day other than a Saturday, Sunday, bank holiday or public holiday in Queensland or Australia;
- Company includes representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors;
- Customer means the individual who places an Order on the Website;
- GST means the Goods and Services Tax;
- Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to these Terms and Conditions shall be deemed to include any collateral contract);
- Order means the order submitted by you to the Website to purchase products from us;
- Product(s) means the products to be sold to Customers via the Website in accordance with this agreement;
- Special Freight Items means bulky and fragile furniture Products that are shipped by our shipping partners using a two men delivery service subject to the Shipping and Returns Policy https://www.budgetfurnitureonline.com/shipping-returns/;
- You means the Customer who places an Order.
- Headings are for ease of reference only and shall not affect the interpretation or construction of this Agreement;
- Words imparting the singular shall include the plural and vice versa;
- Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
- Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
- References to includes or including or like words or expressions shall mean without limitation.
For assistance or more information please contact our customer care team by phone 1300 755 057 or email email@example.com.