Website Terms of Use

Terms and Conditions

A. GENERAL
1. Sticks and Stones Furniture Online Terms of Use and Terms & Conditions (“Online Terms & Conditions”) apply to the Sticks and Stones Furniture website www.sticksandstonesfurniture.com.au and the purchase and delivery of products from the Sticks and Stones Furniture Online Store.
2.The entirety of the Online Terms & Conditions is constituted by the Terms of Use and the Terms & Conditions.
3.By using the Sticks and Stones Furniture website you agree to the Online Terms & Conditions. Sticks and Stones Furniture reserves the right to change, modify, add or remove portions of the Online Terms & Conditions at any time without prior notice, and your access to this website may be terminated at any time without prior notice. By using the Sticks and Stones Furniture website after we publish any changes to the Online Terms & Conditions, you agree to accept those changes whether or not you have reviewed them. Where your access to this website is terminated, all disclaimers and limitations of liability set out in the Online Terms & Conditions will survive.
4.References to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics or any other content).
5.The goods and services described on the Sticks and Stones Furniture website are available for you from Sticks and Stones Furniture via the website to purchase at the specified price until the items are removed from the website, Sticks and Stones Furniture will sell the goods or services to you in accordance with its Online Terms & Conditions.
6. Sticks and Stones Furniture may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website.

B. WEBSITE CONTENT
1.Images of goods published on this website without any price beside the image are not offered for sale online. Please contact our warehouse on 02-95729444 store if you require further assistance.
2.Any information or content published on this website must be read subject to the Online Terms & Conditions.
3.Although Sticks and Stones Furniture uses its best endeavours to confirm the accuracy of information published on this website, you agree that Sticks and Stones Furniture cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Sticks and Stones Furniture or by suppliers changing product specifications without notice to Sticks and Stones Furniture. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
4.The information on the Sticks and Stones Furniture website is current at the time of publication. You are responsible for determining the validity and relevance of any information and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. We would be grateful if you report any potential error or omission in any information via email to sales@sasf.net.au.
5.This website may feature or display third party content. By featuring or displaying such advertising or content, Sticks and Stones Furniture does not in any way represent that it recommends or endorses the relevant advertiser, its products or services. Sticks and Stones Furniture will not be liable for any errors in content, or for any actions you take in reliance on them.

C. YOUR USE OF THE WEBSITE
1.You agree that your access to, and use of, the Sticks and Stones Furniture website is subject to the Online Terms & Conditions and all applicable laws, and is at your own risk.
2.You agree to use this website only for purposes that are permitted by the Online Terms & Conditions, any applicable law or regulation and/or generally accepted practices or guidelines.
3.You agree that you will not engage in any activity that interferes with or disrupts this website, or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website, features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
4.You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. Sticks and Stones Furniture may at its sole discretion restrict your access to this website and will not be liable to you or any third party for doing so.
5.As electronic websites are subject to interruptions or breakdown, access to this website is offered on an “as is” and “as available” basis only.

D. INTELLECTUAL PROPERTY RIGHTS
1.You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons and all software relating to this website, are owned by Sticks and Stones Furniture and must not be used in any manner without the prior written consent of Sticks and Stones Furniture. These intellectual property rights are protected by Australian laws and nothing in the Online Terms & Conditions gives you a right to use these.
2.You may view this website and its contents for personal and non commercial use only. Subject to the Copyright Act 1968 (Cth) and other relevant legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of Sticks and Stones Furniture.

E. LINKS TO OTHER WEBSITES
1.This website may contain links to other websites, content or resources, which are owned or operated by third parties. If you choose to use these links, please note that you will be leaving the Sticks and Stones Furniture Website. These linked websites are not within Sticks and Stones Furniture’s control and Sticks and Stones Furniture is not responsible for the operation, availability or contents of any linked website or any link contained in a linked website.
2.You access linked websites at your own risk. Subject to any non-excludable rights, Sticks and Stones Furniture disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.
3.You acknowledge and agree that Sticks and Stones Furniture does not endorse (and is not responsible or liable for) any content, advertising, products, or other materials, goods or services on or available from other websites or resources.
4.You further acknowledge and agree that, under no circumstances, will Sticks and Stones Furniture be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources, goods or services available on any other website.

F. SECURE DATA AND TRANSMISSIONS
1. Sticks and Stones Furniture website employs the latest in PCI DSS (Payment Card Industry Data Security Standard) technology from eWay (www.eway.com.au ) secure payment gateway to secure its payment systems.
2.Given the nature of the internet, Sticks and Stones Furniture can unfortunately not guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Sticks and Stones Furniture does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected.
3.Whilst Sticks and Stones Furniture takes every precaution to protect information and utilises high level security providers on its website, it cannot warrant the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk.
4.To the extent permitted by law, Sticks and Stones Furniture will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card is fraudulently used or is used in an unauthorised manner.
5.You must take your own precautions to ensure that the process which you use to access Sticks and Stones Furniture’s website does not expose you to the risk of viruses or other forms of interference which may damage your computer system. For the avoidance of doubt, Sticks and Stones Furniture will not accept any responsibility for interference or damage to your computer system which arises in connection with your use of this website. If you become aware of any problems with the security of the website, please immediately contact Sticks and Stones Furniture via email on sales@sasf.net.au.

G. COOKIES
1.Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).

H. DISCLAIMER
1. Sticks and Stones Furniture does not accept responsibility for any loss or damage, how ever caused (including through negligence or matters outside its control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor does it accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, Sticks and Stones Furniture disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
2.The use of the information on this website is at your own risk. To the extent permitted by law, Sticks and Stones Furniture excludes all of its liability in respect of any injury, loss or damage arising out of, or related to the use, or inability to use, the information on this website or provided from this website via email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income, revenue, savings, reputation or profit, loss of or damage to property, third party claims, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any order placed via the Sticks and Stones Furniture Online Store.
3.You agree to indemnify Sticks and Stones Furniture from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
4.Despite the fact that the Sticks and Stones Furniture website may be accessed in Australia and throughout the world, Sticks and Stones Furniture makes no representations that the content of this website complies with the laws of any country outside Australia.

TERMS & CONDITIONS

A. DEFINITIONS
1.“Sticks and Stones Furniture” refers to a company owned by Hardwood Designs Pty. Ltd.
2.“Customer” refers to the original purchaser.
3. “Décor” refers to any product purchased at the Sticks and Stones Furniture online Store that is not furniture, including but not limited to paintings, rugs and art.
4.“Reasonable Access” refers to access to a Customer’s property that is possible through regular entranceways and passageways of a property without the assistance of more than two delivery staff.
5.“Online Terms & Conditions” refers to these Sticks and Stones Furniture Terms of Use and Terms & Conditions.

B. GENERAL
1.All prices are quoted in Australian Dollars (AUD) and include GST. All prices (including any delivery charges) are subject to change without notice.
2.All orders from the Sticks and Stones Furniture Online Store must be paid in full using one of our approved methods of payment upon placement of the order. Production or delivery will commence as soon as practically possible after receipt of full payment.
3.Any price changes on any furniture and Products that may occur between payment of the initial deposit and the final payment do not affect the original price of the order.
4.This Australian Consumer Law Guarantee only applies to you if you are deemed a “consumer” under the Australian Consumer Law (being a schedule to the Competition and Consumer Act 2010) and therefore it may not apply in your particular case. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced, if the goods fail to be of acceptable quality and the failure does not amount to a major failure. For further information, please contact Sticks and Stones Furniture. Your furniture is covered in this way for one year from the date it was delivered to you.

C. NATURE OF PRODUCT
1.As many of the materials used by Sticks and Stones Furniture are natural, including but not limited to fabric, timber and leather, variations on individual items of furniture and product will occur and Sticks and Stones Furniture does not provide any guarantee to exactly replicate the features as presented on any floorstock items or on any printed or electronic images.
2.The variations stated in clause C.1 may include but are not limited to the examples of natural variations in the materials use to construct our furniture and décor.

D. PRODUCT AVAILABILITY
1.All items are only available while stock lasts. Any representations made about stock availabilities are accurate to the last known stock level and are subject to change.
2.Sticks and Stones Furniture will attempt to withdraw any item from the Sticks and Stones Furniture online store as soon as stock becomes unavailable. Receipt of your order confirmation does not require us to supply any item(s) to you if these are unavailable.
3.Furniture may not be held in stock and as such will be required to be ordered. You agree that any furniture order may take up to two weeks to be delivered to you from the date you placed your order, as this is Sticks and Stones Furniture average lead time. Our Online Sales team will contact you on receipt of your order to notify you of an indicative delivery date.

E. DELIVERY
1.Products offered for sale in the Sticks and Stones Furniture Online Store can generally only be delivered to Australian addresses. Deliveries cannot be made to PO Boxes. Please contact Sticks and Stones Furniture via email in relation to any deliveries outside of Australia.
2.Delivery of Sticks and Stones Furniture Online products is generally undertaken by various couriers to both business and residential addresses and occurs from Monday to Friday every week throughout the year. You will generally be required to be available in person to accept delivery of your Order.
3.If no-one is at home when delivery, it may be left in a safe location, and a notification card will be left in the letterbox alerting the addressee of said safe location. In instances where a delivery may not be left safely at your delivery address and the transport company has intended to arrange for a suitable delivery time for a reasonable period, you may be liable for a re-delivery fee which will be charged to your credit card.
4.It is the responsibility of the Customer to provide reasonable access. If Sticks and Stones Furniture or any other delivery company engaged by Sticks and Stones Furniture considers access to be difficult, additional charges will apply.

DELIVERY COSTS
5.Delivery charges for most items are calculated automatically on our website in the Sticks and Stones Furniture Online Store and will be displayed prior to finalisation of your purchase.
6.Depending on the nature of the item you have purchased, there may be instances in which you are not immediately provided with a delivery charge via our automated system and we will contact you as soon as possible via email in relation to the applicable delivery charges. Under no circumstances is delivery in such instances, in which you are not immediately provided with a delivery charge, free of charge.
7.If you live in a remote area, we may not be able to provide a door-to-door service and light aircraft or barge delivery to you may be required (for example Christmas Island or Norfolk Island). In this case we need to charge additional delivery costs. Alternatively, we may be able to deliver your order to a local depot and you can collect the goods from there. If you think that you live in an area to which this paragraph may apply, please contact us via email on sales@sasf.net.au.
8.If you require items you have ordered to be re-directed to an address which is not the original delivery address, we may charge you a reasonable fee for this re-direction.
9.Delivery charges will not be refunded unless we are required to do so in accordance with Australian Consumer Law. Delivery charges are subject to change without notice.
10.You are responsible for correctly entering the requested order information, including but not limited to delivery and address details. Should you enter or provide any incorrect information, this may result in delivery delays or in you receiving and being liable for ordering unwanted items including associated delivery charges. Deliveries which are returned to us as undeliverable will incur a re-dispatch fee.

DELIVERY TIMEFRAMES
11.Please refer to the JIMMY POSSUM Online Store for the estimated delivery times ex-Melbourne. These delivery times refer to working days (excluding Saturdays, Sundays and Public Holidays) and may vary slightly in some instances due to weather and road conditions.
12. Sticks and Stones Furniture and our preferred outside couriers do not accept any liability for late deliveries. Delivery times are accurate at the time of publication but may change on some routes without notice.
13.Sticks and Stones Furniture does not accept any responsibility for any delivery delays caused directly or indirectly by any of its suppliers (including fabric and timber suppliers) or any other factors that are beyond Sticks and Stones Furniture’s control.
14.If more than one item is purchased from the Sticks and Stones Furniture Online Store, Sticks and Stones Furniture may choose to ship such items separately – if commercially viable – and as a result such items may arrive at their destination at different times.
15.Unfortunately we are unable to deliver one order to multiple delivery addresses; in such an instance please order items separately and assign different delivery addresses to each order. Separate delivery charges will apply.
16. Sticks and Stones Furniture is not responsible for any damages, delayed deliveries or any other losses caused to the Customer for deliveries by any outsourced delivery company under certain circumstances, including but not limited to deliveries to remote locations.
17.Items that are available for online purchases are generally available unless they have sold out. Should you have any concerns in relation to the delivery of your items, please do not hesitate to contact the Sticks and Stones Furniture Online Sales team via sales@sasf.net.au.

F. OWNERSHIP OF GOODS
1.All Goods remain the property of Sticks and Stones Furniture and title of the Goods shall not pass to the Customer until full and final payment has been received by Sticks and Stones Furniture
2.Goods will not be loaded for delivery nor released to the Customer in any other way until full payment has been received by Sticks and Stones Furniture.

G. COLOUR DISPLAY ON THE WEBSITE
1. Sticks and Stones Furniture as made every effort to display – as accurately as possible – the colours of items available on the Sticks and Stones Furniture website and in the Sticks and Stones Furniture Online Store. However, the actual colours you see will depend on the settings on your electronic device, and we cannot guarantee that the colour display on your electronic device accurately reflects the real colour of any items. If you have any doubts about the colour or any other features of a particular product, please contact us via sales@sasf.net.au.

H. RETURNS POLICY
DAMAGED ITEMS
1.If you have received damaged items, we ask that you notify us via email at sales@sasf.net.au within 48 hours of receiving your deliveries and provide us with clear information (including images) regarding the alleged problem.
2.Our Online Sales team will then contact you and provide you with instructions on how to return any damaged items should that be deemed to be the best solution by us. If it has been determined by Sticks and Stones Furniture that a valid claim has been made and the damaged item(s) have been returned to us, we will replace the item(s) if available and deliver replacement(s) to you free of charge.
3.Sticks and Stones Furniture reserves the right to choose to provide you with a refund for the item and the delivery charges once you have followed the steps outlined above. We apologise for any inconvenience caused.
4.Please note that Sticks and Stones Furniture will not cover any freight or other related charges prior to us having communicated with you to ascertain the problem.
5.You are not entitled to any refund or exchange just because any part of the packaging is damaged as the packaging exists to protect the items.

INCORRECT ITEMS
6.If you have received an incorrect item in your order (as against your proof of purchase/order confirmation), we ask that you notify us via email at sales@sasf.net.au within 48 hours of receiving your incorrect delivery and provide us with clear information (including images) regarding said item.
7.Our Online Sales team will then contact you and provide you with instructions on how to return the incorrect item. If it has been determined by Sticks and Stones Furniture that a valid claim has been made and the incorrect item has been returned to us unused in its original packaging, we will deliver the correct item to you free of charge. In such instances, we will also cover the delivery charge for the return of the item. We apologise for any inconvenience caused.
CHANGE OF MIND
8.A seven (7) day cooling-off period applies only on all furniture ordered at full retail price. The cooling off period commences on the day the furniture item was purchased. After the expiration of the cooling-off period, all furniture items are non-refundable.
9. Sticks and Stones Furniture is unable to refund or replace any online Décor purchases including but not limited to paintings and rugs due to a change of mind. If you are uncertain about your purchase, please contact us with any questions via email at sales@sasf.net.au or visit a our warehouse at 9 Rich Street, Marrickville to peruse any items prior to your online purchase.

I. GOVERNING LAW
1.The Online Terms & Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia without giving effect to any principles of conflicts of law.
2.You agree that any action at law or in equity arising out of or relating to your use of the Sticks and Stones Furniture website or the Online Terms & Conditions shall be filed only in courts or tribunals located in New South Wales and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

3.If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Sticks and Stones Furniture makes no representations that the content of this website complies with the laws of any country outside Australia.

J. PRIVACY POLICY
1.The privacy of your personal information is important to Sticks and Stones Furniture, and Sticks and Stones Furniture is committed to protecting your privacy and security.

2.For more information, please review Sticks and Stones Furniture Privacy Policy on www.sticksandstonesfurniture.com.au which is incorporated into the Online Terms & Conditions by this reference. You consent to the collection and use of personally identifiable information about you in accordance with P Sticks and Stones Furniture Privacy Policy.

3.Sticks and Stones Furniture’s Privacy Policy explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth). For more information, visit www.privacy.gov.au.

K. LEGAL CAPACITY
1.You must be eighteen (18) years of age or over to purchase products from the website.
2.Any purchase made by you using this website is an acknowledgement by you that you:
a.are over the age of eighteen (18) years;
b.accept these Online Terms & Conditions;
c.agree that you have entered into a legal contract with Sticks and Stones Furniture in relation to these Online Terms & Conditions; and
d.these Online Terms & Conditions, together with your order, constitute the entire agreement between you and Sticks and Stones Furniture for the supply of products.
3.Sticks and Stones Furniture reserves the right to take legal action and seek compensation from the parent or guardian of a minor, who causes an order to be placed, for any loss or damage Sticks and Stones Furniture may suffer as a result of a transaction entered into by a minor.

L. SEVERABILITY
1.If any provision or clause of the Online Terms & Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Online Terms & Conditions which will continue to be in full force and effect.

M. FORCE MAJEURE
1. Sticks and Stones Furniture will not be liable for any delay in performing any of its obligations if such delay is caused by circumstances beyond its reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

N. WAIVER
1.Sticks and Stones Furniture potential to exercise or enforce any right or provision under these Online Terms & Conditions will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Sticks and Stones Furniture .

© Copyright Sticks and Stones Furniture, 2013